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Home My WebLink AboutCC - November 2, 2015A C I T Y • ^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Monday, November 2, 2015 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/20/15 Workshop; 10/20/15 Regular; 10/20/15 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll/16- 17/13625 Round Lake Blvd. NW/WM - Engineering 4. Approve Purchase Agreement with SW Land, LLC — Planning 5. Approve Purchase Agreement with Inventure Properties, LLC - 2604 138" Avenue NW - Planning 6. Approve Flood Control Ordinance and Ordinance Summary — Planning 7. Approve Revised Garden Plots Application & Guidelines for Happy Gardening — Engineering 8. Approve Assignment of Consulting Services Agreement /2015 GIS Technical Assistance - Engineering 9. Approve LMCTT Liability Coverage — Finance 10. Reimbursement Resolution/2016 Equipment Purchases — Finance 11. Modify Depository Resolution/Authorize Banking & Investment Accounts - Administration 12. Approve Fee Ordinance Amendment - Community Center Discussion Items 13. Hold Public Hearing/Adopt Assessment Roll/15- 2/2015 Street Overlays — Engineering 14. Public Hearing for 2015 Delinquent Service Charges - Finance 15. Public Hearing — Vacation of Easement — Hickory Meadows - Mark Smith - Planning 16. Approve Final Plat — Hickory Meadows 2nd Addition — Mark Smith — Planning 17. Approve Comprehensive Plan Amendment — 13725 Crosstown Drive NW and 2604 1386 Avenue NW — City of Andover — Planning Staff Items 18. Schedule November EDA Meeting — Administration 19. Administrator's Report —Administration Mayor /Council Input Closed Session — Union Negotiations Adjournment C I T Y O F I� DOVER,jql� E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administr, 4 FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: November 2, 2015 INTRODUCTION The following minutes were provided by Timesaver, reviewed by Administration and submitted for City Council approval: October 20, 2015 Workshop October 20, 2015 Regular October 20, 2015 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER CITY COUNCIL WORKSHOP MEETING —OCTOBER 20, 2015 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, October 20, 2015, 6:00 p.m., at the Andover City Hall, 16$5 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Public Works Director /City Engineer, David Berkowitz Others SUBORDINATE CLASSROOMSTRUCTURES.. Mr. Carlberg explained the Planning and Zoning Commission discussed subordinate classroom structures in regard to other cities-requirements, life; span of the structures, and quality of the structures. Staff researched codes and spoke with staff from 10 other metro cities. Mr. Carlberg reviewed the information with the Council. Mayor Trude stated she did, not think any of the churches planned for the structures to be there as long as they have been. Councilmember _ Bukkila asked 'what kind of expense is put into the subordinate classrooms in terms of buying,---Outfitting, utilities and everything else. Mr. Carlberg stated he is not sure. Mayor Trude stated it depended on the user because Grace Lutheran Church actually poured footings for their structure. Mr. Carlberg stated they have permanent anchoring or foundations and that is the reason why the City changed the name from Temporary to Subordinate Classrooms because they are tarting to be more than temporary buildings. Councilmember Bukkila asked when these structures first came into the City were they supposed to be temporary. Mr. Carlberg indicated that was correct. Councilmember Bukkila stated she was at the point where she thought they should sunset all of the subordinate structures and get rid of them and not allow any new ones. Councilmember Holthus thought they should have a moratorium on any new subordinate classroom structures in the City and grandfather in the ones currently in the City, because they basically can last forever. Mayor Trude thought that was an overstatement because the floors do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — October 20, 2015 Page 2 fail along with the surrounding structures. Councilmember Bukkila thought these structures have gone to a permanent structure because they are putting significant money into them, they are building these out to last, and she did not think that was the City's original intent. Councilmember Holthus thought some of the subordinate structures are well maintained and she is not sure if she wanted to phase those out because they are needed, the structures do not look bad, and according to the Fire Marshall they can stay viable as long as they are maintained. Councilmember Goodrich stated he is not against rubber stamping them. He stated if the structures are maintained and inspected he is all for letting them do what they want to do with the structures as long as they follow the conditions the City puts on them. He stated he would like to allow them to stay if there is no real downside to it. Mayor Trude stated as she drives around the City she wonders about the outward appearance, they do have building codes and they allowed this, she sees these structures as detractors to the community. Councilmember Holthus asked what the City stance is on mobile homes in the City. Mr. Carlberg stated the City does not allow mobile homes in the City unless in a mobile park, which is an R -5 District and the few that are in the City have been grandfathered in and when they are gone they cannot bring in new. Councilmember Holthus thought they could go by those same criteria for these structures. Councilmember Knight thought they could also go to a deadline program where after five years they need to show they are moving to a permanent structure. Mayor Trude thought that was what the Planning and Zoning Commission was moving towards. Councilmember Bukkila stated she would like to see progress towards building a permanent structure. Councilmember Holthus stated she would like the ones currently in the City to be grandfathered in. Councilmember Bukkila asked if this was unique to the churches or would this include the schools also. Mr. Carlberg stated this would apply to churches only because public schools are permitted in residential districts, the ones put in at Andover High School are permitted. Councilmember Bukkila stated she would have a problem with this because she wanted everything to be equal, if they do not permit them in private then they should not be permitted in public. Mr. Carlberg stated in 2013 they did a complete rewrite of the Use Code, Chapter 12, and they separated them out at that point and indicated schools would be permitted. Mayor Trude thought the schools were another issue that needed to be reviewed for safety reasons. Mayor Trude thought they should go with the Planning and Zoning Commission recommendation because the majority of the Council is for this. She also thought they should 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — October 20, 2015 Page 3 talk with the churches regarding their plans with the structures. ACCESSORYDWELLING UNITS (ADU) Mr. Carlberg explained at the September 15, 2015 City Council work session, Council discussed an article in the Star Tribune "Granny flats" may find a home in Inver Grove Heights and gave the Planning and Zoning Commission direction to discuss the possibility of allowing ADU's within the City of Andover. Mr. Carlberg reviewed the staff report with the Council. Mayor Trude thought they would want to get some public input regarding this item. She stated no one else is doing a Conditional Use Permit (CUP) for these and she thought they would want some neighborhood input to these. Councilmember Holthus wondered if the structures would be like mobile homes. Mr. Carlberg stated the building code has a lot of requirements that would be used for these types of structures. He stated they would want to make sure it is more of a permanent structure rather than a portable type of home. The Council would like the Planning and Zoning Commission to continue to work on a possible ordinance. SEPTEMBER 2015 GENERAL FUND BUDGET PROGRESS REPORTS Mr. Dickinson stated the City of Andover 2015 General Fund Budget contains total revenues of $9,876,575 and total expenditures of $10,364,730 (includes $26,000 of 2014 budget carry forward); a decrease in fund balance is planned. Mr. Dickinson reviewed the information with the Council. SEPTEMBER 2015 CITYINVESTMENTS REVIEW Mr. Dickinson reviewed the City investments with the Council. Mayor Trude asked how the cash carry forward (Fund Balance) is looking. Mr. Dickinson stated it is looking good. 2016 BUDGET & 2016 -2020 CIP DEVELOPMENT UPDATES Mr. Dickinson reviewed the 2016 budget and CIP development with the Council, in particular available General Fund Balance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Andover City Council Workshop Meeting Minutes — October 20, 2015 Page 4 Mayor Trude thought it would be nice to direct some funding to trails and then put the balance of the remaining money into the public works building. She would like to put $300,000 into trails and $171,000 put into the public works building. Councilmember Bukkila stated she would like to wait on designating funds. Mr. Dickinson stated he would bring this back for further discussion at the next workshop meeting. OTHER TOPICS There were none. ADJOURNMENT Motion by Bukkila, Seconded by Goodrich, to adjourn. Motion carried unanimously. The meeting adjourned at 6:57 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — OCTOBER 20, 2015 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trade, October 20, 2015, 7:00 p.m., at the Andover City Ha11, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator; Jim Dickinson o Community Development Director, Dave Carlberg City Attorney, Scott Baumgartner 2015 Sheriff's Report. the Agenda as amended above. Motion carried Correct as written. Motion by Goodrich, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. October 6, 2015, Closed Meeting: Correct as written. Motion by Goodrich, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. Councilmember Holthus indicated she had a correction to the October 6, 2015 regular meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — October 20, 2015 Page 2 minutes. Mayor Trade indicated there would need to be a motion to reconsider those minutes. Motion by Holthus, seconded by Goodrich, to reconsider the minutes from October 6, 2015, Regular minutes. Motion carried unanimously. Councilmember Holthus stated on page 6, line 31, Coon Rapids Mayor is misspelled and should be Koch and not Cook. Motion by Holthus, Seconded by Goodrich, to approve the minutes as amended. Motion carried unanimously. Mayor Trade indicated in the future those types of corrections could be administrative corrections and would not need to have a motion for reconsideration. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Order Feasibility Report/16- 2/2016 Street Reconstruction (See Resolution R085- 15) Item 4 Order Feasibility Report/16- 11/173`d Lane NW Reconstruction (See Resolution R086 -15) Item 5 Order Improvement /Order Plans & Specs /16 -13 /Crosstown Blvd. Trail Improvements (See Resolution R087 -15) Item 6 Approve Consultant /13- 42A/Wellhead Protection Plan Phase 2 Item 7 Approve Health Insurance Contract and Employer Contribution Item 8 Approve Dental Insurance Renewal and Employer Contribution Item 9 Approve Appointment — Streets Maintenance Worker Motion by Bukkila, Seconded by Knight, approval of the Consent Agenda as read. Councilmember Holthus indicated she had a change to be made on Item 8 and wondered if this item should be pulled for discussion. Mayor Trade wondered if the correction could be an administrative correction. Councilmember Holthus stated it possibly could. Councilmember Holthus indicated on Item 8 it is mentioned Health Partners Dental and then further on it is noted as Delta Dental. Mr. Dickinson indicated this should be Health Partners Dental and has been corrected. Motion carried unanimously. ANOKA COUNTYSHERIFF'SMONTHLYREPORT Commander Halweg presented the September 2015 Monthly report to the Council, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Regular Andover City Council Meeting Minutes — October 20, 2015 Page 3 Commander Halweg reviewed with the Council the criminal apprehension of a local man in a US Bank robbery that took place on October 19th. The City Council thought that was great social media work and very quick apprehension of the suspect. PUBLIC HEARING — 2016 -2020 CAPITAL IMPROVEMENT PLAN Mr. Dickinson explained the City Council is requested to hold a Public Hearing to give the public the opportunity to comment on the proposed 2016 -2020 Capital Improvement Plan (CIP). Mr. Dickinson reviewed the 2016 -2020 Capital Improvement Plan with the City Council. Mayor Trude noted the CIP is only a placeholder and some items in this are only prospective if development would happen in some areas of the City, they would then build out the water and sewer. They will not do it unless the activity is asked for by private development. Mr. Dickinson stated that is correct. Motion by Knight, Seconded by Holthus, to open the public hearing at 7:24 p.m. Motion carried unanimously. No one wished to address the City Council. Motion by Holthus, Seconded by Goodrich, to close the public hearing at 7:25 p.m. Motion carried unanimously. Mayor Trude stated next week they will talk about a few items at a workshop meeting and she wondered if they would impact this in any way. Mr. Dickinson stated the Council should adopt this document tonight and if there are any changes after the meeting next week he would come forth with an amendment to the Council. Motion by Bukkila, Seconded by Knight, to approve Resolution R088 -15, adopting the City of Andover 2016 — 2020 Capital Improvement Plan. Mayor Trude stated she has received some correspondence from some residents about some trails they would like to see added. She stated Angela Krantz, 15982 Quince Street would like to propose adding some high priority trails that were discussed at their Night to Unite event. She would like to see a trail from the Constance Corners neighborhood to the west side of the railroad tracks on 161St Avenue, she would like to also see a trail that continued on 1615 Avenue to Hanson Boulevard. Another trail on Crosstown Boulevard that would connect west of the railroad tracks to the proposed trail on the east. She indicated she would provide the correspondence to the Engineering Department. She thought they would add these to future years in the CIP plans. Motion carried unanimously. Regular Andover City Council Meeting Minutes — October 20, 2015 Page 4 1 SCHEDULE NOVEMBER WORKSHOP MEETING 2 3 Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed 4 in the staff report. 5 6 The Council discussed the draft agenda and available dates. 7 8 Motion by Bukkila, Seconded by Knight, to schedule a Workshop Meeting on November 24, 9 2015, at 6:00 p.m. Motion carried unanimously. 10 11 ADMINISTRATOR'S REPORT 12 13 City Staff updated the Council on the administration and city department activities, legislative 14 updates, updates on development/CIP projects, and meeting reminders /community events. 15 16 MAYOR/COUNCIL INPUT 17 18 (Acapulco Restaurant) Mayor Trude stated on Friday there was an exciting event where most of the 19 Council joined the Leon family at the new Acapulco Restaurant site. She stated she enjoyed meeting 20 the family and the restaurant is expected to open in July 2016. 21 22 (Stop -N- Shop Site Activity) Mayor Trude stated there is new activity going on at the old Stop -N- 23 Shop site. 24 25 (Staff Appreciation) Mayor Trude stated she appreciated all the work the staff does behind the 26 scenes and thanked them for their hard work. 27 28 RECESS 29 30 Mayor Trude recessed the regular City Council meeting at 7:41 p.m. to a closed session of the 31 City Council to discuss Union Negotiations Update. 32 33 RECONVENE 34 35 The City Council reconvened at 8:02 p.m. 36 37 ADJOURNMENT 38 39 Motion by Bukkila, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting 40 adjourned at 8:03 p.m. 41 42 Respectfully submitted, 43 Sue Osbeck, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 20, 201 S TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... I RESIDENTFORUM ....................................................................................... ............................... I AGENDA APPROVAL ................................................................................... ............................... I APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................♦................ ............................... 2 Approve Payment of Claims .............................................. .................................................... 2 Order Feasibility Report/16- 2/2016 Street Reconstruction ( R085- 15) ........ ............................... 2 Order Feasibility Report/16 -11 /173rd Lane NW Recon_structiori (R086 -15) .............................. 2 Order Improvement/Order Plans & Specs /16 -13 /Crosstown Blvd 'Trail Improvements (R087- 15) ............................ .............................:. .................. 2 Approve Consultant /13- 42A/Wellhead Protection Plan Phase 2 ..................................................... 2 Approve Health Insurance Contract and Employer Contribution ...... .................................. 2 Approve Dental Insurance Renewal and Employer Contribution............ ........................ 2 Approve Appointment — Streets Maintenance Workers .................. ... ....................... 2 ANOKA COUNTY SHERIFF'S MONTHLY REPORT :....:. ..................... ............................... 2 PUBLIC HEARING — 2016 -2020 CAPITAL IMPROVEMENT,PLAN (R088 -15) ..................... 3 SCHEDULE NOVEMBER WORKSHOP MEETING,... . ............. ............................... 4 ADMINISTRATOR'S REPORT ............ ..::..... _ .._ 4 MAYOR /COUNCIL INPUT . ..... ... 4 Acapulco Restaurant .................. ...... ....... .. ...... .......................... ............................... 4 Stop -N -Shop Site Activity..,...... ..... ........ ........................................ ............................... 4 StaffAppreciation ........ ........ ........................................ ............................... 4 RECESS iJnionNegotiationsUpdate.... 4 RECONVENE ......... ........: ..................... ......................................... ..............................4 ADJOURNMENT........ ............ ... .....:.. .................. ............................... ............................... 4 I' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Dire( FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 2, 2015 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. C DISCUSSION Claims totaling $168,576.02 on disbursement edit lists #1 - 3 from 10/16/15 to 10/30/15 have been issued and released. Claims totaling $200,093.60 on disbursement edit list #4 dated 11/02/15 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $368,669.62. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, �4 -?5 Lee Brezinka Attachments: Edit Lists Accounts Payable Computer Check Proof List by Vendor AN&WRI User: BrendaF Printed: 10/15/2015 - 2:23PM Batch: 00417.10.2015 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MNRWA Minnesota Rural Water Assoc Check Sequence: 1 ACH Enabled: False Wastewater Exam Refresher - M. Cratnton 225.00 10/16/2015 5200- 48200 -61315 Check Total: 225.00 Total for Check Run: 225.00 Total of Number of Checks: I AP- Computer Check Proof List by Vendor (10/15/2015 - 2:23 PM) Pave I Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 10/23/2015 8:48AM Batch: 0042 L 10.2015 Invoice No Description ,O�� - Amount Payment Date Acct Number (21 CITY 11 K Reference Vendor: AFLAC AFLAC Check Sequence: 1 ACH Enabled: False 508839 October 2015 Premium 417.80 10/23/2015 0101 - 00000 -21209 Check Total: 417.80 Vendor: Aircon Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 10670- 2015 -1 Wire Litt Station Pump Motor 1,147.50 10/23/2015 5200- 48200 -63100 Check Total 1,147.50 Vendor: AmPumpC American Pump Company Check Sequence: 3 ACH Enabled: False RO -5158 RepairABS 890.88 10/23/2015 5200- 48200 -63100 Check Total: 890.88 Vendor: Amerigas Ame6gts Check Sequence: 4 ACII Enabled: False 3044899066 APP &S Service Dispatch Charge 39.99 10/23/2015 0101 - 46000 -63005 Check Total: 39.99 Vendor: AnkCo03 Anoka Co Check Sequence: 5 ACH Enabled: False Local Government Officials Meeting 54.00 10/233/2015 0101 -41100 -61310 Local Government Officials Meeting 20.50 10/23/2015 0101- 41200 -61310 Check Total: 74.50 Vendor: AnkCo09 Anoka Co Comm I-11th & Envir Svc Check Sequence: 6 ACII Enabled: False Registration for Conference 20.00 10/23/2015 0101- 42200 -61315 Regisuation for Conference 25.00 10/23/2015 0101- 42200 -61315 Check Total: 45.00 Vendor: AssuSecu Assured Security Inc. Check Sequence: 7 ACH Enabled: False 72664 Change Access Control Locks on Entry Doors 128.00 10/23/2015 0101- 41930 -63105 AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 128.00 Vendor: Asticfor Aslleford International Trucks Check Sequence: 8 ACII Enabled: False T346346 Light for Unit #205 75.30 10/23/2015 6100 - 48800 -61115 Check Total: 75.30 Vendor: Boo Plumb Hoc Plumbing Inc. Check Sequence: 9 ACH Enabled: False 00023929 Secondary Driveway Escrow 500.00 10/23/2015 4140- 00000 -24201 Check Total 500.00 Vendor: CenLink CenurryLink Check Sequence: 10 ACII Enabled: False 763 754 -6713 Subway Carl Community Center 56.38 10/23/2015 2130 - 44100 -62030 Check Total: 56.38 Vendor: StPaulCi City of St. Paul Check Sequence: I I ACH Enabled: False IN00012041 Asphalt Mix - 1,441.22 10/23/2015 0101 - 43100 -61125 Check Total: 1,441.22 Vendor: Colonial Colonial Lite & Accident Check Sequence: 12 ACII Enabled: False 7156706- 1101296 November 2015 Premium - 177156706 9.60 10/23/2015 7100 -00000 -21218 7156706 - 1101296 November 2015 Premium - 177156706 219.01 10/23/2015 0101- 00000 -21210 Cheek Towl: 228.61 Vendor: CompSecu Complete Security Solutions Check Sequence: 13 ACH Enabled: False 1525 Service Call for Connection to DSX 180.00 10/23/2015 2130 - 44000 -63105 Check Total: 180.00 Vendor: CorvalCo Corval Constructors, Inc Check Sequence: 14 ACII Enabled: False 819066 Service Call for Rooftop Units (y) CH 315.00 10/23/2015 0101- 41910 -63105 Check Total: 315.00 Vendor: CritConn Critical Connections Ecological Services, Inc Check Sequence: 15 ACII Enabled: False 2015 - 006 -02 Open Space Assessments 1,200.00 10/23/2015 4160 - 49300 -63005 Check Total: 1,200.00 Vendor: CrowRive Crow River Farm Equipment Check Sequence: 16 ACH Enabled: False AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 174512 Misc. Supplies 72.99 10/23/2015 5200- 48200 -61105 174646 Crooked Lake Ilockey Rink 432.28 10/23/2015 4180- 49300 -61020 174987 Supplies for Storm Sewers 463.59 10/23/2015 5300- 48300 -61145 Check Total: 968.86 Vendor: DoverKen Dover Kennels Check Sequence: 17 Boarding for Dog 196.00 10/23/2015 0101 - 42500 -63010 Check Total: 196.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 18 264857 2015 Street Overlays 73.13 10/23/2015 4140 - 49300 -63025 265415 Monthly Recycling Program Ad 240.00 10/23/2015 0101 -46000 -63025 267131 Capital Improvements Fleming 67.50 10/23/2015 4140- 49300 -63025 267132 Ord 450 129.38 10/23/2015 0101 - 41500 -63025 267133 October 27 Hearing 61.88 10/23/2015 0101 - 41500 -63025 Check Total: 571.89 Vendor: EnvEquip Environmental Equipment Check Sequence: 19 12330 Hose Suction IID 600/F1 ID 563.11 10/23/2015 6100- 48800 -61115 Check Total: 563.11 Vendor: Fae Motor Factory Motor Parts Company Check Sequence: 20 1- Y00809 Core Credit -63.00 10/23/2015 6100 -48800 -61115 1- Y01108 Battery for Unit 1166 80.33 10/23/2015 6100- 48800 -61115 1- Y02015 Battery for Units tt99 & 11172 180.50 10/23/2015 6100- 48800 -61115 1- Y02225 Battery 77.23 10/23/2015 6100- 48800 -61115 1- Y02305 Batteries for Unit #200 312.75 10/23/2015 6100- 48800 -61115 6-1422236 Module Asm for Unit #7 187.60 10/23/2015 6100 -48800 -61115 Check Total: 775.41 Vendor: FletPrid FleetPride Truck & Trailer Parts Check Sequence: 21 72837160 R134A Refrigerant 63.95 10/23/2015 6100- 48800 -61020 72886145 Misc. Stock Supplies 228.68 10/23/2015 6100- 48800 -61115 Check Total: 292.63 Vendor: G &K G &K Services Inc Check Sequence: 22 1182354058 Uniform Cleaning 131.70 10/23/2015 0101 - 43100 - 61020 1182354058 Unilbrnt Cleaning 18.82 10/23/2015 0101 - 43300 -61020 AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) ACH Enabled: False ACII Enabled: False ACII Enabled: False ACH Enabled: False ACII Enabled: False ACH Enabled: False Page 3 invoice No Description Amount Payment Date Acct Number Reference 1182354058 Uniform Cleaning 56.44 10/23/2015 0101- 45000 -61020 1182354058 Uniform Cleaning 18.82 10/23/2015 5100- 48100 -61005 1182354058 Uniform Cleaning 37.62 10/23/2015 5200- 48200 -61005 1182354058 Uniform Cleaning 18.79 10/23/2015 6100 -48800 -61020 Clieck Total Vendor: GovConn GovConnection, Inc. 53136652 Stock Items 53149140 Ink Cartridges for Fire Department 53153303 Toner for Building Department 53153303 Toner for Fire Department Check Total: Vendor: 1-lagtbrsT Ted I lagfors Inc. 201518 2015 Electrical Inspections Check Total: Vendor: Hakanson Iakanson Anderson Assoc., 35174 TIF Stop & Shop 35175 MPCA Land Transrer & Trail Easement Check Total: Vendor: Inter Pow InteixnUe Power Systems, Inc. 8001105525:01 Service Call lur Alarm in Generator Housing Check Total: Vendor: Marco Marco, Inc. IN V2899748 Nov 2015 Color Copies IN V2899748 Nov 2015 Sharp Copier Maint Contract 282.19 309.77 Vendor: Menards Menards Check Sequence: 23 37.66 7.99 10/23/2015 0101- 41420 -61005 50.69 11.12 10/23/2015 0101- 42200 - 61005 249.49 31.12 10/23/2015 0101- 42300 -61005 133.30 5.98 10/23/2015 0101 - 42200 -61005 471.14 1,474.50 1,474.50 1,348.00 1,867.00 3,215.00 527.00 527.00 177.77 132.00 Check Sequence: 24 10/23/2015 0101 - 42300 -63005 Check Sequence: 25 10/23/2015 4501- 49300 -63005 10/23/2015 4501- 49300 -63005 Check Sequence: 26 10/23/2015 0101- 41920 -63105 Check Sequence: 27 10/23/2015 0101- 41420 -61020 10/23/2015 0101 - 41420 -62300 ACH Enabled: False ACII Enabled: False ACH Enabled: False ACI -I Enabled: False ACH Enabled: False Check Total: 309.77 Vendor: Menards Menards Check Sequence: 28 ACH Enabled: False 14 Polypro 7.99 10/23/2015 0101 -41910 -61120 333 Chip Brush 11.12 10/23/2015 5100- 48100 -61005 98300 Crooked Lake Ilockey Rink 31.12 10/23/2015 4180- 49300 -61020 98364 Crooked Lake Hockey Rink 5.98 10/23/2015 4180- 49300 -61020 98669 Tools 40.48 10/23/2015 0101 - 41930 -61205 98686 Crooked Lake Hockey Rink 41.95 10/23/2015 4180 - 49300 -61020 Page 4 AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Invoice No Description Amount Payment Date Acct Number Reference 98761 Misc. Supplies 59.89 10/23/2015 010141920 -61120 99866 Bose Clamp for Banners 23.76 10/23/2015 2110- 46500 -61020 99955 Radar X 4 66.40 10/23/2015 0101 - 41920 -61120 Check Total: 288.69 Vendor: MNCIT Minnesota Counties Insurance Check Sequence: 29 ACH Enabled: False 125 Conference for Cyber Security 100.00 10/23/2015 0101- 41230 -61315 Check Total: 100.00 Vendor: MunEnrerg Municipal Emergency Services, Inc. Check Sequence: 30 ACH Enabled: False 00677619 SNV Men Structural Bo0t Pull -On 366.42 10/23/2015 0101- 42200 -61305 Check Total: 366.42 Vendor: NLSCProd NLSC Products, Inc. Check Sequence: 31 ACH Enabled: False 91348 Bulbs 132.50 10/23/2015 0101- 41910 -61120 Check Total: 132.50 Vendor: NoSanSup Northern Sanitary Supply - Check Sequence: 32 ACI I Enabled: False 177206 Styrofoam Cups 59.87 10/23/2015 0101- 41930 -61025 Check Total: 59.87 Vendor: No 1'echno Nurlhern'1'echnolugies, Inc Check Sequence: 33 ACH Enabled: False 15844 Hickory Meadows 2nd Addln 691.38 10/23/2015 7200 - 00000 -24203 Check Total: 691.38 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 34 ACH Enabled: False 3253- 155334 MiniFuseholder 34.90 10/23/2015 6100- 48800 -61020 3253 - 155507 Fuel Filter & Treatment 32.56 10/23/2015 6100- 48800 -61115 3253- 155591 Radiator Cap for Unitfl205 12.24 10/23/2015 6100- 48800 -61115 Check Total: 79.70 Vendor: OffDcpot Office Depot Check Sequence: 35 ACH Enabled: False 798753321001 Surge Protectors for Elections 95.90 10/23/2015 0101- 41310 -61005 798753321001 CH Office Depot Supplies - 2.63 10/23/2015 0101 - 41300 -61005 798753321001 CH Office Depot Supplies 5.26 10/23/2015 0101 - 41230 -61005 798753321001 Cl I Office Depot Supplies 13.15 10/23/2015 0101- 42300 -61005 798753321001 CH Oliice Depot Supplies 7.89 10/23/2015 0101 - 41600 -61005 798753321001 C11 Office Depot Supplies 10.52 10/23/2015 0101 - 41500 -61005 AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 798753321001 CH Office Depot Supplies 7.89 10/23/2015 0101- 41200 -61005 798753321001 CI -I Office Depot Supplies 5.26 10/23/2015 0101 - 41400 -61005 ' 798940489001 Calendars 76.11 10/23/2015 0101 - 41500 -61005 798940489001 CII Office Depot Supplies 10.99 10/23/2015 0101 - 42300 -61005 798940489001 CH Office Depot Supplies 4.40 10/23/2015 0101 - 41400 -61005 798940489001 Calendars 48.36 10/23/2015 0101 - 41400 -61005 798940489001 CH Office Depot Supplies 6.59 10/23/2015 0101- 41600 -61005 798940489001 CI Office Depot Supplies 8.80 10/23/2015 0101- 41500- 61005 798940489001 CH Office Depot Supplies 6.59 10/23/2015 0101 - 41200 -61005 - 798940489001 Calendars 11.11 10/23/2015 0101- 41200 -61005 798940489001 Calendars 11.89 10/23/2015 0101 -41300 -61005 798940489001 Calendars 12.99 10/23/2015 0101 - 41420 -61005 798940489001 CH Office Depot Supplies 2.19 10/23/2015 0101- 41300 -61005 798940489001 Calendars 6.48 10/23/2015 0101 - 41230 -61005 798940489001 Calendars 27.98 10/23/2015 0101 - 41600 -61005 798940489001 CH Office Depot Supplies 4.40 10/23/2015 0101- 41230 -61005 Check Total: 387.38 - Vendor: Pinto Pro Pinto Properties Check Sequence: 36 ACI I Enabled: False 4923 Escrow 4923 164th Lane NW 1,000.00 10/23/2015 7200 - 00000 -24204 49231nsp Fee 4923 164th Lane NW -50.00 10/23/2015 0101 - 41600 -54180 Chcck'1'mal: 950.00 Vendor: Prel''One Preferred One Check Sequence: 37 ACH Enabled: False PCIII0210 November 2015 Premium 1,048.63 10/23/2015 7100 - 00000 -21218 PCH10210 November 2015 Premium 42,007.26 10/23/2015 0101- 00000 -21206 Check Total: 43,055.89 Vendor: PrintSer Printers Service, Inc. Check Sequence: 38 ACM Enabled: False 275617 Ice Knife Sharpening 80.00 10/23/2015 2130- 44300 -61020 Check Total: 80.00 Vendor: Rosenqui Rosenquist Construction Inc. Check Sequence: 39 ACH Enabled: False 18041M Repair Leak in Break Room a FS 43 475.00 10/23/2015 0101 - 41920 -63105 Check 'total: 475.00 Vendor: SSSInd S. S. S Industrial Supply Check Sequence: 40 ACH Enabled: False 279735 Flange Bolts for Unit #205 21.79 10/23/2015 6100- 48800 -61115 - AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 21.79 Vendor: SmilhBr Smith Brothers Decorating Check Sequence: 41 ACH Enabled: False 22541 Paint 15.20 10/23/2015 2130- 44400 -61020 Check Total: 15.20 Vendor: StPaulSt St. Paul Stamp Works, Inc. Check Sequence: 42 ACH Enabled: False 344939 Dog License Tags 88.05 10/23/2015 0101 - 42500 -61020 Check Total: 88.05 Vendor: StarTri2 Slat-Tribune Check Sequence: 43 ACH Enabled: False 1096211.5 November 2015 1Pad Subscription 16.96 10/23/2015 0101- 41200 -61325 Check Total: 16.96 Vendor: TahoSpI Taho Sportswear, Inc. Check Sequence: 44 ACH Enabled: False 15TF1997 Indoor Fall Soccer T-Shirts 1,144.00 10/23/2015 2130 - 44400 -61055 15TF2108 Tackle Twill & Embroidered Logo /Name 198.75 10/23/2015 2130- 44300 -61055 Check Total: 1,342.75 Vendor: Courier The Courier Check Sequence: 45 ACII Enabled: False 74853 Ad for Fire Prevention Week 45.00 10/23/2015 0101- 42200 -61060 Check Total: 45.00 Vendor: Timesave Timesaver Check Sequence: 46 ACH Enabled: False M21652 City Council Meeting 199.00 10/23/2015 0101 -41100 -63005 M21652 Planning Commission Meeting 166.00 10/23/2015 0101- 41500 -63005 M21652 Park & Recreation Meeting 133.00 10/23/2015 0101- 45000 -63005 Check Total: 498.00 Vendor: TCFab Twin City Fab Inc. Check Sequence: 47 ACH Enabled: False 26662 Crooked Like Ilockey Rink 4,500.00 10/23/2015 4180- 49300 -63105 26662 Crooked Lake Hockey Rink 4,000.00 10/23/2015 4150- 49300 -63105 Check Total: 8,500.00 Vendor: TCI lardwa Twin City hardware Co. Check Sequence: 48 ACII Enabled: False 744843 Install Door on Maint Garage 2,849.72 10/23/2015 0101- 41930 -63105 AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Vendor: USEnergy 232185/5852862 232185/5950574 Vendor: Verizon 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 9753867065 Check Total: U.S. Energy Services, Inc Community Center Public Works Check Total Verizon Wireless Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Service Monthly Cell Phone Serviced Monthly Cell Phone Service Monthly Cell Phone Service Check Total 'total for Check Run: Total of Number of Checks: 2,849.72 4,290.50 220.07 4,510.57 69.14 99.19 163.92 97.88 400.51 59.14 209.90 104.15 373.19 116.32 73.75 291.58 138.11 248.74 L,44J -�z 83,388.07 50 Check Sequence: 49 10/23/2015 2130- 44000 -62015 10/23/2015 0101- 41930 -62015 Check Sequence: 50 10/23/2015 0101- 41200 -62030 10/23/2015 0101- 42300 -62030 10/23/2015 2130 -44000 -62030 10/23/2015 0101- 41500 -62030 10/23/2015 0101 - 41600 -62030 10/23/2015 0101- 41400 -62030 10/23/2015 0101- 42200 -62030 10/23/2015 0101 - 41420 -62030 10/23/2015 0101- 45000 -62030 10/23/2015 5200- 48200 -62030 10/23/2015 0101- 43300 -62030 10/23/2015 0101- 43100 -62030 10/23/2015 6100 -48800 -62030 10/23/2015 5100- 48100 -62030 ACII Enabled: False ACH Enabled: False AP- Computer Check Proof List by Vendor (10/23/2015 - 8:48 AM) Page 8 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 10/28/2015 - 12:52PM Batch: 00426.10.2015 Invoice No Description 44��3 Amount Payment Date Acct Number NT�M YR Reference Vendor: AmPumpC American Pump Company Check Sequence: l ACH Enabled: False RO -5140 RepairABS 1,627.68 10/30/2015 5200 -48200 -63100 Check Total: 1,627.68 Vendor: CWlloule C.W. I loule, Inc Check Sequence: 2 ACII Enabled: False 10314 Hickory Meadows Storm Sewer Repair 4,305.00 10/30/2015 5300- 48300 -63010 Check Total: 4,305.00 Vendor: CCPIND CCP Industries Inc Check Sequence: 3 ACII Enabled: False INO1568060 Power Cold Iland Cleaner 227.19 10/30/2015 6100 -48800 -61020 Check1'otal: 227.19 Vendor: CDW CDW Government, Inc. Check Sequence: 4 ACI -1 Enabled: False ZR03846 Clear Address Labels 80.50 10/30/2015 0101- 41600 -61005 Check Total: 80.50 Vendor: CityAndo City of Andover Check Sequence: 5 ACH Enabled: False 2nd Parcel PW - Storm Water 303.34 10/30/2015 0101- 41930 -62025 204320 1st Parcel PW - Storm Water 243.88 10/30/2015 0101 - 41930 -62025 204320 Sunshine Park- Storm Water 8.91 10/30/2015 0101- 45000 -62025 204322 City Hall /Sr Ctr - Storm Water 242.37 10/30/2015 0101 -41910 -62025 204323 Strip Alongl-Ianson Blvd 40.90 10/30/2015 2130- 44000 -62025 204323 ClI Park Lights- Storm Water 8.91 10/30/2015 0101- 45000 -62025 204323 Pumphouse 44 8.91 10/30/2015 5100- 48100 -62025 204323 Pumphouse 716 - Storm Water 8.91 10/30/2015 5100- 48100 -62025 204324 Pumphouse R7 - Storm Water 8.91 10/30/2015 5100- 48100 -62025 204325 Hidden Creek N - Storm Water 8.91 10/30/2015 0101- 45000 -62025 204326 Shatlowbrook E PK -Storm Water 8.91 10/30/2015 0101- 45000 -62025 204327 Water Treatment Plant- Storm 84.83 10/30/2015 5100- 48100 -62025 204328 Fire Station 43 - Storm Water 8.91 10/30/2015 0101- 41920 -62025 204329 _ AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page I Invoice No Description .Amount Payment Date Acct Number Reference Community Center - Storm Water 405.59 10/30/2015 2130- 44000 -62025 204330 Country Oaks Pk- Storm Water 8.91 10/30/2015 0101- 45000 -62025 204332 Hickory Meadows Pk- Storm Wat 8.91 10/30/2015 0101 - 45000 -62025 204348 Fire Station #I - Storm Water 8.91 10/30/2015 0101- 41920 -62025 204349 Public Works - Storm Water 318.11 10/30/2015 0101 - 41930 -62025 204320 Eveland Fields- Storm Water 8.91 10/30/2015 0101- 45000 -62025 212988 Fox Meadow Park- Storm Water - 8.91 10/30/2015 0101 - 45000 -62025 212989 1lawkridge Park - Storm Water 8.91 10/30/2015 0101- 45000 -62025 212990 I- Iidden Creek E Pk - Storm Wat 8.91 10/30/2015 0101- 45000 -62025 212991 hills Of Bunker Lk W Park 8.91 10/30/2015 0101 - 45000 -62025 212992 Northwoods Last Park- Storm 8.91 10/30/2015 0101- 45000 -62025 212993 Northwoods West Park - Storm 8.91 10/30/2015 0101- 45000 -62025 212994 Oak Bluff Park - Storm Water 8.91 10/30/2015 0101- 45000 -62025 212995 Pine Hills Park - Storm Water 8.91 10/30/2015 0101 - 45000 -62025 212996 Pleasant Oaks Park - Storm Wat 8.91 10/30/2015 0101 - 45000 -62025 212997 Prairie Knoll Park - Storm 5.91 10/30/2015 0101- 45000 -62025 212998 Water Tower #1 - Storm Water 8.91 10/30/2015 5100- 48100 -62025 212999 Pumphouse #8- Storm Water 8.91 10/30/2015 5100- 48100 -62025 - 213000 Red Oaks W Pk- Storm Water 8.91 10/30/2015 0101 - 45000 -62025 213001 Terrace Park -Storm Water 8.91 10/30/2015 0101- 45000 -62025 213002 Timber Trails Park - Storm Wat 8.91 10/30/2015 0101- 45000 -62025 213003 Wild Iris Park - Storm Water 8.91 10/30/2015 0101 - 45000 -62025 213004 Crooked Lake Boat Landing 8.91 10/30/2015 0101 - 45000 -62025 212987 Pumphouse 112 -Storm Water 8.91 10/30/2015 5100- 48100 - 62025 213006 Punyihouse113- Storm Water 8.91 10/30/2015 5100 -48100 -62025 213007 Pu1111)h0use115- Storm Water 8.91 10/30/2015 5100- 48100 -62025 213008 Langseth park- Stain Water 5.91 10/30/2015 0101- 45000 -62025 213009 Chesterton Commons Park 8.91 10/30/2015 0101 - 45000 -62025 213012 Nordeens Park- Storm Water 8.91 10/30/2015 0101- 45000- 62025 213013 Creckview Crossing Park 8.91 10/30/2015 0101 - 45000 -62025 213014 Kelsey Round Lk Park 8.91 10/30/2015 0101- 45000 -62025 213015 Strootman Park- Storm Water 8.91 10/30/2015 0101- 45000 -62025 213016 Fire Station #2 8.91 10/30/2015 0101- 41920 -62025 213076 Shady Knoll Park- Storm Water 8.91 10/30/2015 0101- 45000 -62025 213078 Oak Bluff Park 2,520.48 10/30/2015 0101 - 45000 - 62010 212995 Rose Park - Irrigation 2,214.12 10/30/2015 0101 -45000 -62010 214132 Public Works 5,001.79 10/30/2015 0101 -41930 -62010 204320 1929 Crosstown Blvd 8.91 10/30/2015 0101- 41930 -62025 204321 Sunshine Park 290.81 10/30/2015 0101 -41970 -62010 204322 City Hall /Senior Center 611.68 10/30/2015 0101 - 41910 -62010 204323 Pumphouse #6 176.34 10/30/2015 5100- 48100 -62010 204324 Pumphouse #7 372.63 10/30/2015 5100 -48100 -62010 204325 Hidden Creek North Park 2,870.13 10/30/2015 0101- 45000 -62010 204326 AP- Computer Check Proof List by Vendor (10/28 /2015 - 12:52 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 3 Shadowbrook East Park 1,971.03 10/30/2015 0101- 45000 -62010 204327 Water Treatment Plant 4,271.18 10/30/2015 5100- 48100 -62010 204328 Fire Station #3 720.29 10/30/2015 0101 - 41920 -62010 204329 Community Center 8,124.44 10/30/2015 2130- 44000 -62010 204330 Community Center 251.27 10/30/2015 2130- 44100 -62010 - 204330 County Oaks Park 289.38 10/30/2015 0101 - 45000 -62010 204332 Jay St Sprinkler House 2,457.21 10/30/2015 2110 -00000 -11310 204333 ASN Balltields 183.79 10/30/2015 0101- 45000 -62010 204334 ASN Sprinkler HOuse 7,378.95 10/30/2015 0101 - 45000 -62010 204335 Community Garden Plots 655.68 10/30/2015 4180- 49300 -62010 204339 Woodland Estates Park 145.02 10/30/2015 0101- 45000 -62010 204340 Stop -N -Shop 59.08 10/30/2015 4501- 49300 -62010 212986 Hickory Meadow Park 309.36 10/30/2015 0101- 45000 -62010 204348 Fire Station #1 1,224.26 10/30/2015 0101- 41920 -62010 204349 2600 138th Ave NW - 11.97 10/30/2015 4501- 49300 -62010 204350 Pumphouse #3 1,065.27 10/30/2015 5100- 48100 -62010 213007 Slyzuk Property 8.91 10/30/2015 0101- 41930 -62025 204320 Pumphouse #1- Storm Water 8.91 10/30/2015 5100- 48100 - 62025 213005 Check Total: 45,198.31 Vendor: ClassC Class C Components Inc. Check Sequence: 6 ACII Enabled: False 180404 -01 Filters 185.71 10/30/2015 2130 - 44000 -61020 Check Tuhd: 185.71 Vendor: ContCap Contractors Capital Corp - Check Sequence: 7 ACH Enabled: False Escrow Hickory Meadows 1,870.56 10/30/2015 7200 - 00000 -24202 Interest Hickory Meadows 76.27 10/30/2015 7200- 41400 -56910 Check Total: 1,946.83 Vendor: CoonRapi City of Coon Rapids Check Sequence: 8 ACII Enabled: False 11390 2015 Pavement Markings 289.13 10/30/2015 4140- 49300 -63010 11390 2015 Trail Maintenance 336.80 10/30/2015 4141- 49300 -63010 11390 2015 Seal Coating 3,747.58 10/30/2015 4140 -49300 -63010 11390 2015 Crack Sealing 1,790.28 10/30/2015 4140 - 49300 -63010 Check Total: 6,163.79 Vendor: DoverKen Dover Kennels Check Sequence: 9 ACII Enabled: False Boarding for Cat 140.00 10/30/2015 0101- 42500 -63010 Boarding for Cat 196.00 10/30/2015 0101- 42500 -63010 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 4 Check Total: 336.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 10 ACFI Enabled: False 269791 Chamber Resource Guide 596.05 10/30/2015 2110 - 46500 -63025 Check Total: 596.05 Vendor: EnvEquip Environmental Equipment Check Sequence: 11 ACH Enabled: False 12345 Parts for Unit #172 422.52 10/30/2015 6100 -48800 -61115 Check Total: 422.52 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 12 ACH Enabled: False 1- 4814319 Parts for Unit 114805 136.41 10/30/2015 6100- 48800 -61115 6- 1422628 Parts for Unit H4805 223.02 10/30/2015 6100- 48800 -61115 Check Total: 359.43 Vendor: Fastenal Fastenal Company Check Sequence: 13 ACH Enabled: False MNTC9133319 Tools 43.58 10/30/2015 6100 -48800 -61205 Check Total: 43.58 Vendor: G FK G &K Services Inc Check Sequence: 14 ACH Enabled: False 1182365410 Uniliant Cleaning 37.62 10/30/2015 5200- 48200 -61005 1182365410 UnilinmCleaning 18.82 10/30/2015 5100- 48100 -61005 1182365410 Uniform Cleaning 131.70 10/30/2015 0101 - 43100 -61020 1182365410 Uniform Cleaning 18.82 10/30/2015 0101- 43300 -61020 1182365410 Uniform Cleaning 56.44 10/30/2015 0101- 45000 -61020 1182365410 Uniform Cleaning 18.79 10/30/2015 6100 - 48800 -61020 1182365411 Floor Mat Rental 54.70 10/30/2015 0101 - 41930 -62200 1182365412 Floor Mat Rental 33.60 10/30/2015 0101 - 41910 -62200 Check Total: 370.49 Vendor: Hawkins2 Hawkins Inc Check Sequence: 15 ACH Enabled: False 3790279 Chemicals for Water Treatment Plant 5,168.13 10/30/2015 5100 -48100 -61040 Check Total: 5,168.13 Vendor: LegShicl Legal Shield Check Sequence: 16 ACH Enabled: False 0031833 November 2015 Premium 108.65 10/30/2015 0101 - 00000 -21219 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 108.65 Vendor: MainMo Main Motors Chev - Cadillac Check Sequence: 17 ACII Enabled: False 312791 Pipe for Unit #4805 223.50 10/30/2015 6100- 48800 -61115 Check Total: 223.50 Vendor: MctSaIcs Metro Sales Incorporated Check Sequence: 18 ACH Enabled: False INV373593 Ricoh Copier Lease 181.88 10/30/2015 0101- 42300 -62200 INV373593 Ricoh Copier Lease 167.03 10/30/2015 2130- 44000 -62200 INV373593 Ricoh Copier Lease 115.83 10/30/2015 0101- 42200 -62200 Check Total: 464.74 Vendor: MNPlaygr Minnesota Playground, Inc. Check Sequence: 19 ACH Enabled: False 2015394 6 Diggers(, Various Parks 1,580.00 10/30/2015 4150 -49300 -61105 Check Total 1,580.00 Vendor: MT1Dist MT1 Distributing Inc Check Sequence: 20 ACH Enabled: False 1040570 -00 Element & Spin On Element Kit 184.35 10/30/2015 6100 - 48800 -61115 Check Total: 184.35 Vendor: OReiAoto O'Reilly Auto Parts Check Sequence: 21 ACII Enabled: False 3253 - 156727 FIICI l lose for Unit #4805 17.70 10/30/2015 6100 -48800 -61115 3253 - 156794 Returned Fuel lloseIm Unit #4805 -12.57 10/30/2015 6100 -48800 -61115 3253 - 156997 V -Belt for Unit #198 38.16 10/30/2015 6100 -48800 -61115 Check Total: 43.29 Vendor: Of[Depot Office Depot Check Sequence: 22 ACH Enabled: False 799975710001 PW Office Depot Supplies 160.32 10/30/2015 5200 -48200 -61005 799975710001 PW Office Depot Stipp] ies 83.51 10/30/2015 5100 -48100 -61005 799975710001 PW Office Depot Supplies 23.37 10/30/2015 0101 - 46000 -61005 799975710001 PW Office DepotSupplies 50.07 10/30/2015 0101- 43100 - 61005' 799975710001 PW Office Depot Supplies 33.39 10/30/2015 0101- 43200 -61005 799975710001 PW 011ice Depot Supplies 116.89 10/30/2015 0101 -45000 -61005 799983341001 PW Office Depot Supplies 7.73 10/30/2015 0101 - 43100 -61005 799983341001 PW Office Depot Supplies 3.61 10/3012015 0101 - 46000 -61005 799983341001 PW Office Depot Supplies 18.05 10/30/2015 0101 - 45000 -61005 799983341001 PW Office Depot Supplies 24.75 10/30/2015 5200- 48200 -61005 799983341001 PW Oil-ice Depot Supplies 5.15 10/30/2015 0101- 43200 -61005 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 799983341001 PW Office Depot Supplies 12.89 10/30/2015 5100- 48100 -61005 Check Total: 539.73 Vendor: OPUS21 OPUS 21 Check Sequence: 23 ACH Enabled: False 150935 September 2015 Utility Billing 1,628.99 10/30/2015 0101- 43600 -63010 150935 September 2015 Utility Billing 1,677.47 10/30/2015 5200 -48200 -63010 150935 September 2015 Utility Billing 1,477.82 10/30/2015 5100- 48100 -63010 150935 September 2015 Utility Billing 2,377.95 10/30/2015 5300- 48300 -63010 Check Total: 7,162.23 Vendor: Peterlan Jane Peterson Check Sequence: 24 ACH Enabled: False 2015 Medical Reimbursement 189.40 10/30/2015 7100- 00000 -21218 Check Total: 189.40 Vendor: Postmast Postmaster Check Sequence: 25 ACH Enabled: False Contractors Postcard Postage 183.86 10/30/2015 0101- 42300 -61405 Check Total: 183.86 Vendor: PrintPlu Print Plus Inc. Check Sequence: 26 AC11 Enabled: False 1331A Contractors Permit Postcards 343.70 10/30/2015 0101- 42300 -61010 Check Total: 343.70 Vendor: ProVisio Pro- Vision Video Systems Check Sequence: 27 ACH Enabled: False 272657 Plow Truck Backup Cameras 827.20 10/30/2015 0101- 43100 -61020 Check Total: 827.20 Vendor: PERA Public Employees Retire. A Check Sequence: 28 ACH Enabled: False 3120 -00 Pera- Steven Collins- 10/06/13 - 09/05/15 2,823.58 10/30/2015 2130- 44300 -60410 Check Total: 2,823.58 Vendor: RUFFRI Rulfiidge- Johnson Equipment Check Sequence: 29 ACH Enabled: False IA02304 Parts for Unit #07 -191 171.57 10/30/2015 6100 -48800 -61115 Check Total: 171.57 Vendor: SherwinW Sherwin Williams Co. Check Sequence: 30 ACII Enabled: False 4834 -1 Paint 278.69 10/30/2015 2130- 44300 -61020 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 150.00 Total for Check Run: 84,962.95 Total of Number of Checks: 35 Check Sequence: 31 Check Total: 278.69 Vendor: ShobergK Kurt Shoberg Check Sequence: 32 24503 10/30/2015 Key Deposit Refund for Field Lights 100.00 Check Sequence: 33 Check Total: 100.00 Vendor: Short Short,131liottMendrickson, Inc Check Sequence: 34 305249 10/30/2015 Sprint - Update Tower #2 411.78 Check Sequence: 35 Check Total: 411.78 Vendor: SPOK SPOK, INC. Y3754342J November 2015 Pager Service 25.47 Check Total: 25.47 Vendor: TraneUS Trane US Inc. 35763477 Maintenance Contract 2,120.00 Check Total: 2,120.00 Vendor: Yel1DogU Yellow Dog Upholstery 4477 Seat Repair on Unit 8132 150.00 Check Total: 150.00 Total for Check Run: 84,962.95 Total of Number of Checks: 35 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 7 Check Sequence: 31 ACII Enabled: False 10/30/2015 0101- 00000 -24201 Check Sequence: 32 ACH Enabled: False 10/30/2015 7200 - 00000 -24214 Check Sequence: 33 ACII Enabled: False 10/30/2015 5100- 48100 -62030 Check Sequence: 34 ACH Enabled: False 10/30/2015 0101- 41930 -62300 Check Sequence: 35 ACI I Enabled: False 10/30/2015 6100- 48800 -63135 AP- Computer Check Proof List by Vendor (10/28/2015 - 12:52 PM) Page 7 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 10/28 /2015 - 1:22PM Batch: 00402.111015 I T Y O F C 6 6R Invoice No Description Amount Payment Date Acct Number Reference Vendor: CMTDiver CMT Diversified Janitorial Svc Check Sequence: I ACH Enabled: False 2717 Monthly Cleaning Service 1,248.75 11/02/2015 0101- 41930 -63010 2717 Monthly Cleaning Service 708.75 11/02/2015 0101- 41920 -63010 2717 Monthly Cleaning Service 1,417.50 11/02/2015 0101- 41910 -63010 Check Total: 3,375.00 Vendor: SLYZUK Kenneth & Mary Ann Slyzuk Check Sequence: 2 ACH Enabled: False 11/15/15 Pymt Contract for Deed Payment 81,382.48 11/02/2015 4160- 49300 -66100 Check "rotal: 81,382.48 Vendor: SlyzFarm Slyzuk Farms Check Sequence: 3 ACH Enabled: False 11/15/15 pymt Contract tilt Deed Payment 115,336.12 11/02/2015 4160- 49300 -66100 Check Total: 115,336.12 Total for Check Run: 200,093.60 Total of Number of Checks: 3 AP- Computer Check Proof List by Vendor (10/28/2015 - 1:22 PM) Page 1 • F NDOVER10 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Pu lic orks /City Engineer SUBJECT: Accept Petition /Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll/16- 17/13625 Round Lake Blvd. NW - Engineering DATE: November 2, 2015 INTRODUCTION The City Council is requested to accept the petition, accept the feasibility report, waive public hearing and order the assessment roll for Project 16 -17, 13625 Round Lake Boulevard NW. DISCUSSION A petition has been received by the City from the above subject property. Their well has failed so they have requested to expedite the process so that they can hook up to City Municipal Water. Feasibility Report for the Municipal Water connection is as follows: - Water Main Lateral Fee: $46 / front foot x 150 LF = $6,900.00 - Water Main Area Charge: $4,094 /acre x 0.34 acres = $1,391.96 - Water Main Connection Charge: $4,468 /unit x 1 = $4,468.00 Total Assessable Costs $12,759.96 This amount can be assessed to the property and put on the tax statements and amortized over a 10 year period with 4.5% interest, or paid in fall upon completion and approval of the assessment roll. This amount assessed over a 10 -year period at 4.5% interest would be $1,612.59 per year for 10 years. The property owner has waived the right to a public hearing and would like to expedite this process so that they can get the house hooked up to City water. BUDGET IMPACT The entire project cost would be assessed to the benefitting property over a 10 year period at 4.5% interest. ACTION REQUIRED The City Council is requested to accept the petition, accept the feasibility report, waive public hearing and order the assessment roll for Project 16 -17, 13625 Round Lake Boulevard NW. Respectfully submitted, id D. Berkowitz COQ. Attachments: Resolution, & Petition/Waiver." cc: Roger & Carol Jones, 13625 Round Lake Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, ACCEPTING FEASIBILITY REPORT, WAIVING PUBLIC HEARING AND ORDERING ASSESSMENT ROLL FOR WATER MAIN FOR PROJECT NO. 16 -17 ,13625 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 21, 2015 requesting to be assessed for sanitary sewer service repair; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Engineer has found the repairs to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report, waive public hearing and order the preparation of the assessment roll. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November 2015, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner— Deputy City Clerk voting in voting 10/9/15 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: RECEIVED OCT 2 1 2015 CITY OF ANDOVER We do hereby petition for improvements of water main, ^d }with the costs of the improvement to be assessed against my benefiting property. We understand that there is a water service stubbed on our westerly property line that we are requesting to connect to. We understand that there are outstanding water main lateral, water main area, and water main connection fees that we would be responsible for that would be assessed against our property in the amount of approximately $12,760. We also understand we are responsible for hiring and paying a plumbing contractor to make the connection from the existing water main stub into our home, and all fees associated with the plumbing contractor would be paid for by us directly to the contractor and are not included in the estimated assessment amount listed above. Said petition is unanimous and the public hearing may be waived. We would like to be assesse over a 10 year period r pay the assessment up front (Circle One). Sincerely, Carol A. & Roger F. Jones 13625 Round Lake Blvd NW Andover, MN 55304 Phone /�3 -/a r -%Sfl OLD 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 Member CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Dev ent Director SUBJECT: Approve Purchase Agreement with SW Land, LLC DATE: November 2, 2015 INTRODUCTION The City Council is requested to approve the attached Purchase Agreement with SW Land, LLC for the sale of a ten (10) acre parcel located in Section 11 as depicted on Exhibit B of the Purchase Agreement. BACKGROUND SW Land, LLC is in the process of developing a single family residential development to be known as Country Oaks North 2nd Addition. As a part of this development, the City Council desires and is requiring that a street (167th Avenue NW) be extended from the development to Hanson Boulevard NW to provide two access points into the development to relieve the amount of traffic on the southerly access of Wintergreen Street NW. The property sale will allow 1671h Avenue NW to be extended. ACTION REQUESTED The City Council is requested to approve the attached Purchase Agreement and direct Staff to complete the land sale. Respectfully submitted, David L. Carlberg Attachments Site Location Map Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement") is made on November 2, 2015, by and between City of Andover, a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304 ( "Seller ") and S.W. Land, LLC, a Minnesota limited liability company, having addresses for notices of 4065 Chelsea Road West, Monticello, Minnesota 55362, ( "Buyer "). 2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase and Seller agrees to sell land located in the City of Andover, County of Anoka, State of Minnesota, legally described on the attached Exhibit A and depicted on the attached Exhibit B which consists of approximately ten (10) acres (the "Property "). 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be One Hundred Five Thousand and 00 /100 Dollars ($105,000.00), which Buyer shall pay as follows: Earnest money of Five Thousand and no /100 Dollars ($5,000.00) by check, receipt of which is hereby acknowledged, and One Hundred Thousand and no /100 Dollars ($100,000.00) in cash or other immediately available funds on the "Closing Date" (defined below). 4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE PROPERTY. Not later than five (5) days after this Agreement has been executed and delivered by both Seller and Buyer, Seller shall make available to Buyer and its attorneys and agents, all reports, studies, tests, surveys and other documents relating to the Property that are in Seller's possession or control. Buyer's obligation to purchase the Property is contingent upon satisfaction, or waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. (a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at Buyer's sole risk, to enter the Property during the period (the "Inspection Period ") commencing on the date of this Agreement and ending on December 31, 2015, to conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall be a Surviving Obligation. (b) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (c) Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. (d) Buyer shall be satisfied with the matters disclosed by any survey of the Property obtained by Buyer at Buyer's expense. (e) The representations and warranties made by Seller in Section 9 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. 5. CLOSING. Except as otherwise expressly provided in this Agreement, the closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on December 31, 2015 or such earlier date as shall be mutually acceptable to Seller and Buyer (the "Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and Buyer. At the Closing, and subject to performance by Buyer, Seller shall execute in recordable form and deliver a Quit Claim Deed (the "Deed ") to the Property, conveying marketable title to the Property subject only to the "Permitted Exceptions" (defined below), and shall execute and deliver such other and further documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. The Deed shall either be accompanied by a well disclosure certificate prepared and signed on behalf of Seller and filed at Seller's cost, or shall include one of the following statements: "The Seller certifies that the Seller does not know of any wells on the described real property" or "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." At the Closing, and subject to performance by Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall execute and deliver such documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, Buyer shall pay the state deed tax and any conservation fee on the Deed, and the cost to record any instrument needed to correct title. Buyer shall pay the cost to record the Deed. Buyer shall pay any closing fee charged by the title insurance agency or other company closing the transaction contemplated by this Agreement. For purposes of this Agreement, "Permitted Exceptions" include: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the Property; K D. Public roads upon and County ditches across the Land; and E. Any other matter disclosed by the Title Commitment and not timely and effectively objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date. Seller shall pay on the Closing Date all special assessments levied against or pending for the Property as of the Closing Date. Buyer shall pay real estate taxes due and payable in the year following Closing and thereafter, and any special assessments levied and payable after the Closing Date. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. CONDITION OF PROPERTY. Seller shall remove from the Land before the completion of the Closing all personal property not included in the purchase of the Property. 8. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 9. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Land; Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; and this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation, but specifically excluding any such ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof; and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property or any portion thereof. (d) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or 3 with any applicable notice and/or lapse of time, and /or failure to take certain curative or remedial actions, will be in, violation of any Environmental Laws (as herein defined). (2) Seller shall not, prior to Closing, cause or acquiesce in any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property in violation of any Environmental Laws, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall promptly notify Buyer should Seller become aware of (A) any environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sea., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories are sometimes collectively referred to as "Environmental Laws "). (e) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property or any portion thereof. (f) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no other tenants, persons or entities occupying any portion of the Property, and to Seller's knowledge no claim exists against any portion of the Property by reason of adverse possession or prescription. (g) To Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking with any government agency respecting construction of any acceleration or de- acceleration lane, access, or street lighting. If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall a promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such notice, Buyer shall be entitled to a return of all Earnest money paid and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the Surviving Obligations. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be deemed to be material and to have been relied upon by Buyer notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12) months after the Closing Date. 10. POSSESSION. Seller shall deliver possession of the Property not later than the completion of the Closing. 11. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Seller shall furnish to Buyer a commitment (the "Title Commitment ") for an ALTA Form B Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, issued by a title insurance company acceptable to Buyer in its reasonable judgment, committing the title insurer to insure Buyer's title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, with policy limits in the amount of the Purchase Price. B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt of the Title Commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 12. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention as to making the title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing and need not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. A. If notice is given and Seller makes title marketable within thirty (30) days after Seller's receipt of Buyer's title objections, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the Closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. 5 B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel this Agreement, or may sue Buyer for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may cancel this Agreement, or may sue Seller for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 13. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and, except as otherwise expressly provided in this Agreement, shall be deemed to have been duly given or served on the earliest to occur of: when delivered in person to the other party or its duly authorized agent; or one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2) business days after deposit with the United States Postal Service, postage prepaid, certified or registered mail, return receipt requested, in each case addressed to the other party at the address set forth at the beginning of this Agreement. Either party may change its address by giving at least ten (10) days' notice of such change to the other party. 14. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 15. SELLER'S DISCLOSURES. Seller certifies that there is not an existing individual sewage treatment system on and serving the Property Seller certifies that there is not an existing well serving the Property. Buyer hereby acknowledges that the sale and purchase contemplated by this Agreement is exempt from the disclosure requirements of Minnesota Statutes Sections 513.52 to 513.60. C The City of Andover agrees to sell the Property for the Purchase Price and on the terms and conditions set forth above SELLER: THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk The undersigned agrees to buy the Property for the Purchase Price and on the terms and conditions set forth above BUYER: S.W. LAND, LLC By: .JGf. WJYL i Its: A;,& A� �4 Exhibit A The South 330 feet of the Northeast Quarter of the Southwest Quarter of Section 11, Township 32, Range 24, Anoka County, Minnesota Exhibit B Comments County Air Photo 2014 AerialNW AerialSW Date Created: October 14, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. ,r - /ice .. _ � 'ti •'gin ( 1 I .: i f f .� i . 4. Y � +l .+• low •�. r �� .d � s r.`e { t 4 -. Ak < { • `� � I �s, x `r �t :en• Y� _ 1 0 'vim•'- �§ � 1 ' J tt In . 1 Comments County Air Photo 2014 AerialNW AerialSW Date Created: October 14, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. N OVE: D 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 Membe CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Develo nt Director 0 SUBJECT: Approve Purchase Agreement with Inventure Properties, LLC — 2604 138th Avenue NW DATE: November 2, 2015 INTRODUCTION The City Council is requested to approve the attached Purchase Agreement with Inventure Properties, LLC for the sale of a small .08 acre triangular parcel located at 2604 138th Avenue NW as depicted on the attached location map. BACKGROUND The Andover Economic Development Authority (EDA) is in the process of selling a 1.5 acre parcel located at 13725 Crosstown Drive NW to Inventure Properties, LLC for the development of an office building and a potential daycare facility. To accommodate the planned uses, additional property is needed adjacent to this site to the east owned by the City of Andover. ACTION REQUESTED The City Council is requested to approve the attached Purchase Agreement and direct the City Administrator to execute the Purchase Agreement on behalf of the City and complete the land sale. Respectfully submitted, V44, , Lk�'� David L. Carlberg Attachments Site Location Map Purchase Agreement tti 1 t�.l r . .605 38 AIL 2G14� 2GOY r y r -- 2()12 2606 2 G 08 i x 2610 ,.�(j0 t4 13725. p . �.21►21 2607 f t _ cam: x m T1o4o,h 4Ca r �• .�i�t�. �� V N1.J AL PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement ") is entered into as of the tU� Ut' ' 2015 (the "Effective Date "), by City of Andover, a body corporate and politic located at 1685 Crosstown Boulevard NW, Andover, Minnesota ( "Seller "), and Inventure Properties, LLC, a Minnesota limited liability corporation located at 7135 5`h Avenue NE, Sauk Rapids, MN 56379 and/or their assigns ( "Buyer "), and is based on the following facts: A. Seller owns real property situated in the City of Andover (the "City"), County of Anoka, State of Minnesota, currently legally described as set forth in Exhibit A attached hereto (the "Land "). B. Buyer wishes to purchase the Land and Seller wishes to sell the Land, on the terms and conditions set forth in this Agreement. C. Seller and Buyer wish to set forth in writing the terns of their agreement with respect to the sale of the Land by Seller to Buyer. D. Seller and Buyer agree that the sale of the Land is contingent upon the sale of the adjacent property located 13725 Crosstown Drive NW (PIN 33- 32 -24 -13 -0046) from the Andover Economic Development Authority to Inventure Properties, LLC. In the event the above described property is not sold and transferred to Buyer, this Agreement shall be deemed null and void. NOW, THEREFORE, in consideration of the facts stated above, the mutual covenants and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties, the parties herby agree as follows: 1. RECITALS INCORPORATED. The facts stated above are hereby incorporated into this Agreement and made a part of this Agreement by this reference. 2. SALE OF THE LAND. Subject to the terms and conditions set forth in this Agreement, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby 'agrees to purchase and accept from Seller, fee title to the Land, at a closing (the "Closing ") which shall occur on a date that is anticipated to be March 1, 2016. 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Three Thousand Four Hundred Eighty -Five and no /100 Dollars (53,485.00) which Buyer shall pay in cash or other immediately available funds at the Closing. Purchase price includes the land price, park dedication fees, water and sewer area charges, all assessments for streets, curb and storm sewer. 4. CONTINGENCIES. The parties' obligations under this Purchase Agreement are contingent upon the following: 1 a) Seller shall permit Buyer, at Buyer's expense, to enter the Land to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property, as determined by Buyer in Buyer's sole discretion. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Land. Buyer's obligation under this sentence shall survive Closing. b) Seller shall undertake the zoning change of the property to NB, Neighborhood Business. Approval of the zoning change must be final at least 10 days prior to the Closing. The date of Closing may be adjusted to accommodate the timing requirement set forth in this paragraph. c) Seller shall provide Buyer with copies of all soils, environmental and engineering reports pertaining to the Land, in Seller's possession, within 10 days of acceptance of the purchase agreement. d) Buyer shall have obtained all zoning, land use, watershed, environmental and other governmental approvals and permits Buyer shall deem necessary to use the Land in the manner contemplated by Buyer, including, but not limited to, a full site plan conforming to Seller's design and zoning standards which Buyer determines can be built for a price acceptable to Buyer, all as determined by Buyer in Buyer's sole discretion. e) Buyer shall have determined that the roads, easements, driveways, utilities, points of access and other infrastructure serving the Land will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. f) On or before the Closing, Title shall have been found acceptable, in accordance with the requirements and terms of Section 9 below. g) Buyer shall provide Seller with proof of financing acceptable to Buyer in Buyer's sole discretion for the purchase of the land, building and other improvements at least 14 days before Closing. 5. CLOSING. On the date of Closing, Seller shall deliver to Buyer possession of the Land conveyed to Buyer at that Closing. Subject to performance by Buyer, Seller agrees to execute and deliver at the Closing: a) A Limited Warranty Deed (the "Deed "), conveying fee title to the Land to be conveyed by Seller at the Closing; b) A standard form Seller's Affidavit; c) A Non - Foreign Person Affidavit, stating under penalty of perjury that Seller is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code, and setting forth Seller's taxpayer identification number and address; 2 d) A completed Minnesota Well Disclosure Certificate or the following statement on the Deed: "The Seller certifies that the Seller does not know of any wells on the described real property "; e) Any notices, certificates and/or affidavits relative to private sewage systems, underground storage tanks and pollution as may be required by Minnesota Statutes; and f) Such other documents as reasonably may be determined by either party or "Title" (defined below) to be necessary to transfer title to the Land. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of Closing. Seller shall pay all real estate taxes and installments of special assessments payable therewith ( "Taxes ") that were due and payable on the Land in all years prior to the year in which the Closing for such Land occurs, and all special assessments levied, pending and/or deferred as of the date of such Closing. Buyer shall pay real estate taxes due and payable in the year following Closing and thereafter, and any special assessments levied and payable after the date of Closing. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. ALLOCATION OF CLOSING COSTS. At the Closing, Seller and Buyer shall pay their own share of any closing fee charged by Title. With respect to all other costs, each party shall pay its share of the Closing costs which are normally assessed against a seller or buyer, as the case may be, except as otherwise provided below. Seller shall pay: state deed tax and any conservation fee on the Deed, and the cost of recording any document necessary to cure any title objection or otherwise place good and marketable title, subject to the Permitted Exceptions, in Buyer. Buyer shall pay all other document recording fees and conservation fees, and mortgage registry tax, recording fees and any conservation fee on any financing documents required by Buyer's lender, if any. 8. NOTICE AND RIGHT TO CURE. Except as otherwise specifically provided in this Agreement, each party shall be entitled to notice of any default and shall have fifteen (15) days after such notice to either cure or contest the default prior to the exercise of any remedy provided herein. 9. TITLE EXAMINATION. a) Title Commitment. As soon as reasonably possible after the complete execution and delivery of this Agreement, Seller shall furnish to Buyer a commitment (the "Commitment "), for an owner's policy of title insurance issued by a title insurance company or agency selected by Buyer, evidencing marketable title ( "Title ") in Seller for the Land, subject to the Permitted Exceptions. Buyer, in advance of ordering the Commitment, shall provide Seller at least two proposals estimating the cost of preparing the title commitment to verify the Commitment will be prepared at a reasonable cost. 3 b) Title Objections; Permitted Exceptions. Buyer shall be allowed thirty (30) days after receipt of the Commitment for examination of title and making of any objections thereto. Any exception not objected to in writing within the specified time shall be deemed waived, and shall constitute a Permitted Exception. Any exception to the warranties of title that are specified in Section 4 above, and any other matter disclosed by the Commitment that is not timely disapproved in writing by Buyer, shall be Permitted. c) Title Clearance. If any objection to title is timely made as provided in Section 9b, Seller shall elect, by notice to Buyer within ten (10) days after Seller's receipt of such objection, either to agree to use commercially reasonable efforts to cure such objection prior to the Closing, or to terminate this Agreement. If Seller elects to try to cure such objection, but any such objection is not cured prior to the scheduled Closing, Seller may extend the Closing up to a date not later than one hundred twenty (120) days after the scheduled Closing (the "Extended Closing ") to permit Seller to make title marketable. If Seller is unable to make title marketable prior to the Extended Closing, or if Seller elects to terminate this Agreement as permitted above, Buyer may, by notice to Seller within ten (10) days after Buyer's receipt of notice of Seller's election to terminate this Agreement, either: 1. Terminate this Agreement; or 2. Waive the objection and accept title subject to the objection. 10. DEFAULT. a) Default Defined. Buyer shall be in default under this Agreement if Buyer: fails timely to pay any amount owing to Seller under this Agreement; or fails timely to observe any other covenant or agreement of Buyer set forth in this Agreement; or makes or has made any representation or warranty under this Agreement that is untrue or misleading in any material respect. In case of a default, Buyer shall be entitled to a notice and cure period equal to (i) the period described in Section 8 above, or (ii) the notice and cure period set forth elsewhere in this Agreement for such specific breach. b) Default by Buyer. Notwithstanding anything to the contrary contained in this Agreement, Buyer shall not be in breach or default hereunder unless Seller is not currently in default hereunder, and within fifteen (15) days after Buyer's receipt of notice (i) Buyer fails to cure any breach of any obligation of Buyer under this Agreement which is set forth in such notice or (ii) Buyer fails to complete its purchase of the Property as stated herein. If any such failure continues beyond such cure period, Seller may terminate this Agreement. In the event Seller elects to terminate this Agreement, neither party shall have any further obligation to the other. c) Default by Seller. In the event of any default under this Agreement by Seller: Provided Buyer is not currently in breach or default hereunder, Buyer may seek 4 specific performance from Seller, provided that Seller shall be provided a notice and right to cure as provided in Sections 8 or 9 above, as the case may be, and, provided further that any action for specific performance shall be commenced within ninety (90) days after the alleged default; or Buyer may terminate this Agreement by notice to Seller, In the event Buyer elects to terminate this Agreement, Buyer and Seller shall execute and deliver an instrument evidencing said termination, and thereupon, neither party shall have any further obligation to the other. 11. WAIVER OF BREACH. The failure of either party hereto to enforce any provision of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 12. WELLS, STORAGE TANKS, AND SEPTIC SYSTEMS. Seller certifies to Buyer that Seller does not know of any wells, private septic systems, or underground storage tanks located on or serving the Land. 13. ENVIRONMENTAL REPRESENTATIONS. Seller represents that the Land was part of an environmental cleanup area. Seller warrants to Buyer that Seller does not know of any environmental hazards remaining following the cleanup or the existence of any other environmental contamination other than what has been disclosed to, and acknowledged by Buyer, as identified in Section 4(l) above. 14. CAPTIONS. The captions contained herein are for convenience only and are not a part of this Agreement. 15. ENTIRE AGREEMENT. This agreement, including the exhibits attached hereto, contains the entire agreement between Seller and Buyer. All other representations, negotiations and agreements, written or oral, with respect to the Land or any portion thereof, are superseded by this Agreement and are of no force and effect. This Agreement may be amended and modified only by a written instrument executed by both parties hereto. 16. ASSIGNMENT. This Agreement and the rights hereunder, may not be sold, assigned or transferred at any time by Buyer, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of the City Administrator of the City of Andover. Any attempt to do so by Buyer shall be void. In the event of a sale, assignment or transfer, any assignee to this Agreement shall be bound to the same obligations and responsibilities of the assigning party as contained in this Agreement and Buyer shall remain liable for the full performance of Buyer's obligations hereunder unless Seller expressly releases Buyer from such liability in writing. 17. NOTICES. Notices required or permitted to be given under this Agreement shall be in writing, and shall be deemed to have been given on the earlier to occur of when personally delivered to the addressee, or when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, addressed as follows: 9 If to Seller: City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Tel: (763) 755 -5 100 Fax: (763) 755-8923 with a copy to: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, MN 5303 Attention: Scott C. Baumgartner If to Buyer: Inventure Properties, LLC 7135 5`h Avenue NE Sauk Rapids, MN 56379 Tel: (320) 393 -3185 Fax: (320) 393 -3186 Either party may change the address(es) to which notice to such party thereafter shall be given, by providing notice of such change to the other party. Any written notice given in a manner other than as provided in this Section 17 shall be effective only upon actual receipt by the addressee(s). A fax (telecopy) shall be deemed written notice provided the receipt thereof is electronically confirmed by the sending machine and an original, manually signed original of such notice also is given on the date of such fax transmission. 18. BUYER'S PRE - CONSTRUCTION REQUIREMENTS. Buyer shall not perform any site grading, site clearance or construction on the Land until all of the following have occurred: a) Buyer has acquired fee title to the Land and paid the Purchase Price therefor; and b) Buyer has received all necessary and required approvals from the City of Andover relative to performing construction activities on the Land. 19. AS IS; ALL FAULTS. Subject to Seller's representations, warranties and covenants set forth in this Agreement and in the closing documents, and subject to Buyer's rights to terminate during its due diligence investigation period, Buyer agrees to accept the condition of the Land, including specifically without limitation, the environmental and geological condition of the Land, in an "AS -IS" and with "ALL FAULTS" condition. Buyer's acceptance of title to the Land shall represent Buyer's acknowledgment and agreement that, except as expressly set forth in this Agreement or the closing documents: (i) Seller has not made any written or oral representation or warranty of any kind with respect to the Land (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose); (ii) Buyer has not relied on any written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Land; (iii) Buyer has had an adequate opportunity to inspect the condition of the Land, including without limitation, any environmental P 20 testing, and to inspect documents applicable thereto, and Buyer is relying solely on such inspection and testing; and (iv) the condition of the Land is fit for Buyer's intended use. MISCELLANEOUS PROVISIONS. a) Attorneys' Fees and Jury Waiver. If either Party shall be required to employ an attorney to enforce or defend the rights of such Party hereunder, the prevailing Party shall be entitled to recover reasonable attorneys' fees. EACH PARTY HERETO WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CONTRACT, THE RELATIONSHIP OF BUYER AND SELLER HEREUNDER OR THE PROPERTY. b) Binding Effect. This Agreement shall inure to the benefit of and bind the Parties hereto and their respective heirs, representatives, successors, and assigns. c) Interpretation. The Parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. The Parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of any ambiguity in or dispute regarding the interpretation of this Agreement, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. This Agreement shall be construed in accordance with the laws of the State of Minnesota. d) Counterpart and Electronic Signature. This Agreement may be executed in any number of counterparts or signed or transmitted via digital transmission, each of which when executed and delivered shall be deemed an original and together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SELLER: CITY OF ANDOVER Jim Dickinson Its: City Administrator 7 BUYER: Inventure Properties, LLC By: oj?�� Doug s J. oser Its: �e ' ,1��. , a•� EXHIBIT A All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 1536.0 feet West from the Southeast corner of said South Half of the Northeast quarter; thence North at right angles to said South line a distance of 227.84 feet to the actual point of beginning of the tract of land to be hereby described; thence North 59 degrees 51 minutes West a distance of 240.58 feet to the center line of County State Aid Highway No. 18 as shown in Document No. 332891; thence North 30 degrees 37 minutes 55 seconds East along said center line a distance of 110.00 feet; thence South 59 degrees 51 minutes East a distance of 302.97 feet to a point on a line drawn at right angles to the South line of said South Half of the Northeast Quarter from a Point on said South line distant 1426.0 feet West from the Southeast corner of said South Half of the Northeast Quarter, said point being 291.15 feet North as measured along said right angle line from said South line; thence South 60 degrees 04 minutes 50 seconds West a distance of 126.91 feet to the actual Northwesterly n50n feet sthereof tasa measured natf right aangles otos the e center line of said County State Aid Highway No. 18. Except that part of the above described property lying Southeasterly of the following described line: Commencing at the Southeast corner of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota; thence West, assumed bearing along the South line of said South Half of -the Northeast Quarter a distance of 1536.00 feet; thence North at right angles to said South line, a distance of 227.84 feet to the point of beginning of said line; thence North 30 degrees 09 minutes 00 seconds East a distance of 109.99 feet to the Northerly line of the above described property and said line there terminating. • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWA(,CI.ANDOVER.MN.US TO: Mayor and Councilmembers J _ CC: Jim Dickinson, City Administrator � David L. Carlberg, Community Devefo ment Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Approve Floodplain Ordinance and Ordinance Summary - Planning DATE: November 2, 2015 INTRODUCTION The Minnesota Department of Natural Resources ( MNDNR) and Homeland Security's Federal Emergency Management Agency (FEMA) has been working with communities with the adoption of updated floodplain management regulations and flood maps. BACKGROUND The National Flood Insurance Program (NFIP) is a Federal Program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. As a participating community in NFIP, Andover is responsible for making sure that the floodplain management regulations meet or exceed the minimum requirements of the NFIP. By law, FEMA cannot offer flood insurance to communities that do not have regulations in place. In 1983, FEMA issued Flood Insurance Rate Map (FIRM) that identified Special Flood Hazard Areas (SFHAs) within the City of Andover. Currently, these are the flood maps staff refers to when reporting flood determinations. In 2011, FEMA provided Anoka County communities with preliminary copies of updated FIRM and Flood Insurance Study (FIS). City staff has continued to work with FEMA to finalize the updated FIRM and FIS report. Attached is a detailed article from FEMA with an explanation of NFIP and the adoption of the FIRM. Prior to December 16, 2015, Andover is required, as a condition of continued eligibility on the NFIP, to adopt floodplain management regulations that meet the standards in addition to adopting the updated FIRM and FIS report. City staff has been working with MNDNR on a draft of the updated floodplain ordinance. Attached for your review is a letter dated September 22, 2015 from the MNDNR giving Conditional State Approval of Floodplain Ordinance. Planning and Zoning Commission Recommendation A public hearing was held at the October 13, 2015 Planning and Zoning Commission meeting. For your review the approved meeting minutes are attached. There were no public comments. The Commission recommends approval the Floodplain Ordinance. ACTION REQUESTED The City Council is requested to approve the Floodplain Ordinance and approve the Ordinance Summary for publication. Res ectfull subm' tecl, c II Stephanie L. Hanson Attachments Ordinance No. XX An Ordinance Repealing Former Regulations and Adopting an Ordinance for the Management of Floodplains September 22, 2015 MN Department of Natural Resources Letter: Conditional State Approval of Floodplain Ordinance Article: Adoption of Flood Insurance Rate Maps by Participating Communities Ordinance Summary for Publication October 13, 2015 P & Z Meeting Minutes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX An Ordinance repealing Ordinance No. 107 adopted February 21, 1995; Amended 2003 Andover Code; Ordinance No. 319 adopted January 17, 2006; and Ordinance No. 407 adopted June 21, 2011. AN ORDINANCE FOR THE MANAGEMENT OF FLOODPLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The City Council of the City of Andover hereby ordains as follows: SECTION: 14 -1 -1: Statutory Authorization 14 -1 -2: Findings of Fact 14 -1 -3: Purpose 14 -1 -4: General Provisions 14 -1 -5: Definitions 14 -1 -6: Establishment of Zoning Districts 14 -1 -7: Floodway District (FW) 14 -1 -8: Flood Fringe District (FF) 14 -1 -9: General Floodplain District (GF) 14 -1 -10: Land Development Standards 14 -1 -11: Public Utilities, Railroads, Roads, and Bridges 14 -1 -12: Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles 14 -1 -13: Administration 14 -1 -14: Penalties and Enforcement 14 -1 -15: Amendments 14 -1 -1 STATUTORY AUTHORIZATION The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota, does ordain the provisions of this chapter. 14 -1 -2 FINDINGS OF FACT A. This ordinance regulates development in the flood hazard areas of Andover, Minnesota. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. B. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 14 -1 -3 PURPOSE This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 14 -1 -4 GENERAL PROVISIONS A. This ordinance adopts the floodplain maps applicable to Andover and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 14 -1 -7 and 14 -1 -8 will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 14 -1 -7 apply unless the floodway boundary is determined, according to the process outlined in Section 14 -1 -9. Once the floodway boundary is determined, the Flood Fringe District standards in Section 14 -1 -8 may apply outside the floodway. B. Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Andover shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. C. Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the Andover Community Development Department. 27003CO282E 27003CO301E 27003CO166E 27003CO302E 27003CO167E 27003CO303E 27003CO170E 27003CO304E 27003CO186E 27003CO306E 27003CO187E 27003CO307E 27003CO190E 27003CO308E 27003CO195E 27003CO309E October 2015 D. Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. E. Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning and Zoning Commission/Board of Adjustment and to submit technical evidence. F. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. G. Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Andover or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. H. Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 14 -1 -5 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe — that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka County, Minnesota. Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood "). Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to cant' or store the regional flood discharge. Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). Principal Use or Structure — all uses or structures that are not accessory uses or structures. October 2015 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer /travel vehicle." Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the I% chance or 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement - within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. A. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 14- 1 -4(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Andover at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. October 2015 14 -1 -6 ESTABLISHMENT OF ZONING DISTRICTS A. Districts: 1. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 14 -14C. For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone A and Zone AE without a floodway on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 2. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 14 -14C, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone AE on the Flood Insurance Rate Map panels adopted in Section 14 -1 -4C that are below the 1% annual chance (100 -year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3. General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 14 -14C, but not subject to the criteria in sections 14- 1 -6A(1) and 14- 1 -6A(2) above. B. Compliance: Within the floodplain districts established in this ordinance, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 14 -1 -7, 14 -1 -8 and 14 -1 -9, respectively, are prohibited. In addition, a caution is provided here that: 1. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 14 -1 -12. 2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 14- 1 -13E. 3. All structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. As -built elevations for elevated or floodproofed structures must be certified by ground surveys and flood - proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 14 -1 -13 of this ordinance. 5. Critical facilities, as defined in Section 14 -1 -5, are prohibited in all floodplain districts. 14 -1 -7 FLOODNVAY DISTRICT (F-YV) A. Permitted Uses: The following uses, subject to the standards set forth in Section 14- 1- 7A(2), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod fanning, and wild crop harvesting. Industrial - commercial loading areas, parking areas, and airport landing strips. October 2015 Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. Residential lawns, gardens, parking areas, and play areas. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in Sections 14 -1 -713, 14- 1 -7B(6) and 14-1 - 7B(3)a of this ordinance are met. 2. Standards for Floodway Permitted Uses: a. The use must have a low flood damage potential. b. With the exception of the uses listed in Section 14 -1 -7A, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment. C. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1 % chance) flood. B. Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 14 -1 -13 and 14 -1 -13D of this ordinance and further subject to the standards set forth in Section 14- 1- 7B(2), if otherwise allowed in the underlying zoning district or any applicable overlay district. Structures accessory to the uses listed in 14 -1 -7 above and the uses listed below. Extraction and storage of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. Storage yards for equipment, machinery, or materials. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 14 -1 -5, are permitted uses. Travel -ready recreational vehicles meeting the exception standards in Section 14- 1- 12B(3). Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. 2. Standards for Floodway Conditional Uses: All Uses. A conditional use must not cause any increase in the stage of the 1 % chance or regional flood or cause an increase in flood damages in the reach or reaches affected. a. Fill; Storage of Materials and Equipment: 1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 2. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long -term site development plan. October 2015 3. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the I% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3. Accessory Structures: (a) Accessory structures must not be designed for human habitation. (b) Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (1) Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and (2) So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP -2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (d) As an alternative, an accessory structure may be internally /wet floodproofed to the FP -3 or FP -4 floodproofrng classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 5. A levee, dike or floodwal constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 14 -1 -8 FLOOD FRINGE DISTRICT (FF) A. Permitted Uses: October 2015 Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 14- 1- 8A(2). If no pre- existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. 2. Standards for Flood Fringe Permitted Uses: A. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 1. All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. 2. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with Section 14- 1- 713(3). B. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 14- 1 -8A(2) A of this ordinance, or if allowed as a conditional use under Section 14 -1 -88(3) below. C. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. D. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. E. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. F. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. G. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (I% chance) flood. H. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. I. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. J. Manufactured homes and recreational vehicles must meet the standards of Section 14 -1 -12 of this ordinance. B. Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. Conditional uses must meet the standards in Sections 5.24 through 5.30 and Section 5.4. October 2015 Any structure that is not elevated on fill or floodproofed in accordance with Section 14-1 - 8A(2)A of this ordinance. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 14- 1- 8A(2)A of this ordinance. C. Standards for Flood Fringe Conditional Uses: The standards listed in Sections 14- 1 -8A(2) apply to all conditional uses. 2. Basements, as defined by Section 14 -1 -15 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 14-1 - 8C(4) of this ordinance. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP -1 or FP -2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP -3 or FP -4 classification are not permitted. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (I% chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 6. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above - grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general October 2015 design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. 14 -1 -9 GENERAL FLOODPLAIN DISTRICT (GF) A. Permitted Uses: 1. The uses listed in Section 14 -1 -7A of this ordinance, Floodway District Permitted Uses, are permitted uses. 2. All other uses are subject to the floodway /flood fringe evaluation criteria specified in Section 14 -1 -913 below. Section 14 -1 -7 applies if the proposed use is determined to be in the Floodway District. Section 14 -1 -8 applies if the proposed use is determined to be in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations: Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 14- 1 -9B(3) below. The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (I % chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one -half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree October 2015 of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 14 -1 -7 and 14 -1 -8 of this ordinance. October 2015 14 -1 -10 LAND DEVELOPMENT STANDARDS A. In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Andover. B. Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1 % chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. C. Building Sites: If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 14 -1 -11 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. October 2015 10 B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 14 -1 -7 and 14 -1 -8 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On -site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems is considered to be in compliance with this Section. 14 -1 -12 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. A. Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1. Placement or replacement of manufactured home units is prohibited in the Floodway District. 2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 14 -1 -8 of this ordinance and the following standards. (a) New and replacement manufactured homes must be elevated in compliance with Section 14 -1 -8 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (b) New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 14-1 -1013(2). B. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 1. Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 14- 1- 12B(2): (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium -type associations. 2. Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. October 2015 11 (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre- existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood - resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Section 14- 1- 12B(2). (f) An accessory structure must constitute a minimal investment 3. Recreational vehicles that are exempt in Sectionl4- 1- 12B(2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofmg requirements of Section 14 -1 -8 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 14 -1 -13 ADMINISTRATION A. Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. B. Permit Requirements: Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b) The use or change of use of a building, structure, or land. (c) The construction of a dam, fence, or on -site septic system, although a permit is not required for a farm fence as defined in this ordinance. (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse - including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of "development" as defined in this ordinance. Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: October 2015 12 (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 4. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofmg measures must be certified by a registered professional engineer or registered architect. 5. Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 6. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. C. Variances: 1. Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 12 -14 -7 of the City Code. 2. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional October 2015 13 hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8. Record - Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. October 2015 14 D. Conditional Uses: Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 12 -14 -6 of the City Code. 2. Factors Used in Decision - Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 14- 1- 13(C)5 of this ordinance. 3. Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. E. NONCONFORMITIES Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 14- 1 -5(b) of this ordinance, are subject to the provisions below. a. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 14 -1 -13E below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. b. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 14- 1- 13E(1)C and 14- 1- 13E(1)g below. C. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, then the entire structure must meet the standards of Section 14 -1 -7 and 14 -1 -8 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural October 2015 15 alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. d. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. e. If any nonconformity is substantially damaged, as defined in Section 14 -1 -5 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 14 -1 -7 and 14 -1 -8 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. f If any nonconforming use or structure experiences a repetitive loss, as defined in Section 14 -1- 5 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. g. Any substantial improvement, as defined in Section 14 -1 -5 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 14 -1 -7 and 14 -1 -8 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. 14 -1 -14 PENALTIES AND ENFORCEMENT A. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. B. Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. C. Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 1. When a violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. 2. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the Zoning Administrator may either: 1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into October 2015 16 compliance with the official controls; or 2) notify the responsible party to apply for an after the fact permit /development approval within a specified period of time not to exceed 30 days. 14 -1 -15 AMENDMENTS A. Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. B. Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. C. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 14 -14C of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter on December 16, 2015. Adopted by the City Council of the City of Andover this day of 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Julie Trude, Mayor October 2015 17 MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE MNDNR September 22, 2015 The Honorable Julie Trude Mayor, City of Andover Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor Trude, CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIRED NEXT STEPS The Department of Natural Resources (DNR) received via email on September 15, 2015, a draft floodplain management ordinance amendment for the City of Andover from City Planner Stephanie Hanson. This ordinance is being amended in order to incorporate the Flood Insurance Study, Anoka County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of December 16, 2015. The additional amendments proposed in this draft are not mandatory but are desirable in order to incorporate new definitions, optional floodproofing standards, and higher standards for flood protection, such as the repetitive loss provisions. The draft ordinance will need one minor correction to meet state and FEMA standards: through an oversight on our part, the map panel numbers are missing a "C," which should be inserted after the "27003" - for example, panel 27003C0166E. We apologize for the error. Apart from the above items, the draft floodplain management ordinance is in compliance with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota Rules, Parts 6120.5000 to 6120.6200. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the draft floodplain management ordinance, provided the abovementioned revisions are made. To the best of my knowledge, this draft ordinance will then also be in compliance with the floodplain management standards of the Federal Emergency Management Agency. This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one (1) copy each of the adopted ordinance (signed and stamped with the community seal), the affidavit of publication, and the completed "Ordinance Certification Checklist" that I have enclosed. Please forward these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the address below in the footer. Upon receipt and PRINTED ON RECYCLED PAPER CONTAINING mndnr.gov Ms'. Julie Trude September 22, 2015 Page two verification, Ms. Strauss will transmit one copy of these materials to Mr. John Devine at FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified, and in- effect ordinance no later than December 16, 2015. To allow sufficient time for processing and transmittal, we request that you submit the requested materials to the DNR no later than December 11, 2015. If FEAL4 has not received the documentation by the map effective date, FEMA will suspend the City from the National Flood Insurance Program. Please be advised that any future amendments of this ordinance or change in the designation of flood prone areas require prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variance, conditional uses, and ordinance amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above address. Should you have any questions on this ordinance or related matters, please contact Ms. Strauss at (651) 259 -5713 or cei1.strauss @state.mn.us. While our office in St. Paul will continue to be the main contact for the ordinance update, your DNR Area Hydrologist will continue to be your main contact for day to day assistance with administering your floodplain management ordinance and questions about other DNR water - related programs and permits. Your Area Hydrologist is Kate Drewry, who can be contacted at 651 - 259 -5753 or kate.drewry@state.mn.us. The DNR greatly appreciates your community s cooperation and initiative in providing for the reduction of flood damages through the adoption and administration of this ordinance. Sincerely, 11nnifer Shit cox Land Use Section Supervisor Attachments: Ordinance Certification Checklist; sample ordinance summaries for publication (e- mailed) ec: John Devine, FEMA Terri Yearwood, DNR Eco - Waters' Regional Manager Jeanne Daniels, DNR Eco - Waters' District Manager Kate Drewry, Area Hydrologist Stephanie Hanson, City Planner Dave Carlberg, City Administrator Adoption of Flood Insurance Rate Maps by Participating Communities The National Flood Insurance Program (NFIP) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Over 21,000 communities participate in the Program. This brochure addresses several questions about community adoption of the Flood Insurance Rate Map (FIRM). As a participating community in the NFIP, your community is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP. By law, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) cannot offer flood insurance in communities that do not have regulations that meet or exceed these minimum requirements. These regulations can be found in Title 44 of the Code of Federal Regulations (44 CFR) Section 60.3. You can also find them in model ordinances developed by most States and by FEMA Regional Offices. The basis of your community's floodplain management regulations is the flood hazard data provided to the community by FEMA. FEMA identifies flood hazards nationwide and publishes and periodically updates flood hazard data in support of the NFIP. Flood hazard data is provided to communities in the form of a FIRM and Flood Insurance Study (FIS) report, typically prepared in a countywide format. Please be aware that while an FIS report accompanies most FIRMS, it is not created for all flood studies. Flood Study and Adoption Timeline The identification of flood hazards serves many important purposes. Identifying flood hazards creates an awareness of the hazard, especially for those who live and work in floodprone areas. The FIRM and FIS report provide States and communities with the information needed for land use planning and to reduce flood risk to floodplain development and implement other health and safety requirements through codes and regulations. States and communities can also use the information for emergency management. Each time FEMA provides your community with additional flood hazard data, your community must adopt new floodplain management regulations or amend existing regulations to incorporate the new data and meet any additional requirements that result from any changes in the data, such as the designation of a regulatory floodway for the first time. Your floodplain management regulations must also meet any additional State requirements and be adopted through a process that complies with any procedural requirements established in your State for the adoption of ordinances or regulations. Pub I ic Notice Pub I! shed Twice in Local Newspaper End Final Community Meeting Held / Proposed Federal Register Publication Discovery Meeting Held Preliminary FIRM and Report Issued on Preliminary FI and Report*_ *The timeframe for completing these activites may vary. Period Letter of Final Determination Issued Date of Effective FIRM 2 Adoption of Flood Insurance Rate Maps by Participating Communities What is the process for developing new flood hazard data or revising existing data? FEMA coordinates closely with communities to develop new flood risk data or revise existing data during the flood study process. This coordination may lead to new or updated flood hazard mapping (i.e., the update of a community's FIRM and FIS report), flood risk assessment projects, and /or mitigation planning assistance. In general, the process includes the following activities: • Under FEMA's Risk MAP program, FEMA engages in a Discovery process with communities and other local stakeholders to obtain a comprehensive picture of flooding issues, flood risk, and the potential for the performance of additional flood mitigation activities, including the adoption of more restrictive floodplain management criteria by communities. Stakeholders may include, but are not limited to, local officials, citizen associations, representatives of levee boards, conservation districts, Tribal Nations, and economic development organizations. Information obtained during the Discovery meeting helps determine whether a flood risk assessment project, including new or updated flood hazard data and a corresponding FIRM and FIS report, is needed. • Once it is determined that the creation or revision of flood hazard data, including an update to the FIRM and FIS report, is needed, FEMA works with communities and other Discovery stakeholders to determine the parameters of the project, including flooding sources and the type and extent (number of stream or coastline miles) of the study. • The mapping process typically includes development of Base Flood Elevations (BFEs) and floodways for the project area. In addition, the mapping process includes activities such as obtaining the digital base map, developing the FIRM flood hazard database and, when appropriate, incorporating or revalidating previously issued Letters of Map Change, or LOMCs. LOMCs, which include Letters of Map Revision (LOMRs), Letters of Map Revision Based on Fill and Letters of Map Amendment, serve to officially revise the effective FIRM and FIS report without requiring the physical revision and republication of these materials. • When the study is completed, FEMA provides the community with a preliminary FIRM and FIS report for review. In addition, FEMA may hold public meetings —often referred to as the Final Meeting and Open House to explain and obtain comments on the preliminary FIRM and FIS report. • FEMA provides a 90 -day appeal period for all new or modified flood hazard information shown on a FIRM, including additions or modifications of any BFEs, base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways. SFHAs are areas subject to inundation by the base (1- percent - annual- chance) flood and include the following flood zones: A, AO, AH, Al -A30, AE, A99, AR, AR /Al -A30, AR /AE, AR /AO, AR /AH, AR /A, VO, Vl -V30, VE, and V. The regulatory floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Before the appeal period is initiated, FEMA will publish a notice of proposed flood hazard determinations in the Federal Register and notify the community's Chief Executive Officer of the determination. FEMA will then publish information about the flood hazard determinations at least twice in a local newspaper. The appeal period provides the community and owners or lessees of property in the community an opportunity to submit scientific or technical information if they believe the flood hazard determinations are scientifically or technically incorrect. • Following the 90 -day appeal period, FEMA resolves all appeals and finalizes all changes to the FIRM and FIS report. • FEMA then issues a Letter of Final Determination (LFD), which establishes the final flood hazard data and the effective date of the new FIRM and FIS report for the community. The LFD also initiates the six - month adoption period during which the community must adopt or amend its floodplain management regulations to reference the new FIRM and FIS report. • The FIRM and FIS report become effective at the end of the six -month period. The effective date is also the date when flood insurance rates will be based on the new flood data for new construction built after this date. The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan. FEMA has entered into agreements with nearly 250 communities, States, and regional agencies to be active partners in FEMA's flood hazard mapping program under the Cooperating Technical Partners (CTP) Program. These agencies are participating with FEMA in developing and updating FIRMS. (See the box on the inside of the back cover page for a brief description of the CTP program.) Adoption of Flood Insurance Rate Maps by Participating Communities 2 What is the process for developing new flood hazard data or revising existing data? FEMA coordinates closely with communities to develop new flood risk data or revise existing data during the flood study process. This coordination may lead to new or updated flood hazard mapping (i.e., the update of a community's FIRM and FIS report), flood risk assessment projects, and /or mitigation planning assistance. In general, the process includes the following activities: • Under FEMA's Risk MAP program, FEMA engages in a Discovery process with communities and other local stakeholders to obtain a comprehensive picture of flooding issues, flood risk, and the potential for the performance of additional flood mitigation activities, including the adoption of more restrictive floodplain management criteria by communities. Stakeholders may include, but are not limited to, local officials, citizen associations, representatives of levee boards, conservation districts, Tribal Nations, and economic development organizations. Information obtained during the Discovery meeting helps determine whether a flood risk assessment project, including new or updated flood hazard data and a corresponding FIRM and FIS report, is needed. • Once it is determined that the creation or revision of flood hazard data, including an update to the FIRM and FIS report, is needed, FEMA works with communities and other Discovery stakeholders to -determine the parameters of the project, including flooding sources and the type and extent (number of stream or coastline miles) of the study. • The mapping process typically includes development of Base Flood Elevations (BFEs) and floodways for the project area. In addition, the mapping process includes activities such as obtaining the digital base map, developing the FIRM flood hazard database and, when appropriate, incorporating or revalidating previously issued Letters of Map Change, or LOMCs. LOMCs, which include Letters of Map Revision (LOMRs), Letters of Map Revision Based on Fill and Letters of Map Amendment, serve to officially revise the effective FIRM and FIS report without requiring the physical revision and republication of these materials. • When the study is completed, FEMA provides the community with a preliminary FIRM and FIS report for review. In addition, FEMA may hold public meetings —often referred to as the Final Meeting and Open House —to explain and obtain comments on the preliminary FIRM and FIS report. • FEMA provides a 90 -day appeal period for all new or modified flood hazard information shown on a FIRM, including additions or modifications of any BFEs, base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways. SFHAs are areas subject to inundation by the base (1- percent- annual - chance) flood and include the following flood zones: A, AO, AH, Al -A30, AE, A99, AR, AR /Al -A30, AR /AE, AR /AO, AR /AH, AR /A, VO, Vl -V30, VE, and V. The regulatory floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Before the appeal period is initiated, FEMA will publish a notice of proposed flood hazard determinations in the Federal Register and notify the community's Chief Executive Officer of the determination. FEMA will then publish information about the flood hazard determinations at least twice in a local newspaper. The appeal period provides the community and owners or lessees of property in the community an opportunity to submit scientific or technical information if they believe the flood hazard determinations are scientifically or technically incorrect. • Following the 90 -day appeal period, FEMA resolves all appeals and finalizes all changes to the FIRM and FIS report. • FEMA then issues a Letter of Final Determination (LFD), which establishes the final flood hazard data and the effective date of the new FIRM and FIS report for the community. The LFD also initiates the six - month adoption period daring which the community must adopt or amend its floodplain management regulations to reference the new FIRM and FIS report. • The FIRM and FIS report become effective at the end of the six -month period. The effective date is also the date when flood insurance rates will be based on the new flood data for new construction built after this date. The effective FIRM will be used by Federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan. FEMA has entered into agreements with nearly 250 communities, States, and regional agencies to be active partners in FEMA's flood hazard mapping program under the Cooperating Technical Partners (CTP) Program. These agencies are participating with FEMA in developing and updating FIRMs. (See the box on the inside of the back cover page for a brief description of the CTP program.) Adoption of Flood Insurance Rate Maps by Participating Communities 3 III .i& What must an NFIP participating community do when FEMA provides new or revised flood hazard data? Each time FEMA provides a community with new or revised flood hazard data, the community must either adopt new floodplain management regulations, or amend its existing regulations to reference the new FIRM and FIS report. In some cases, communities may have to adopt additional floodplain management requirements if a new type of flood hazard data is provided, such as a new flood zone (e.g., going from a Zone A without BFEs to a Zone AE with BFEs or going from a Zone AE to a Zone VE — the coastal high hazard area), or with the addition of a regulatory flood-way designation. The following guide is to help you determine whether changes need to be made in your community's floodplain management regulations when a new or revised FIRM and FIS report are provided: • If the community's floodplain management regulations are compliant with the NFIP requirements when the LFD is issued, the community needs to amend only the map reference section of their floodplain management regulations to identify the new FIRM and FIS report. • If the community has a legally valid automatic adoption clause established in the map reference section of the regulations and the community's regulations are otherwise compliant with the NFIP requirements, then the floodplain management regulations do not need to be amended. Automatic adoption clauses adopt all future revisions to the FIRM without further action by the community. However, keep in mind that the FIRM and FIS report update process outlined above still applies for communities with automatic adoption clauses. Automatic adoption clauses are not permitted in many States. • If the community is provided a new type of flood hazard data, the community will need to either adopt new regulations or amend existing regulations to include the appropriate NFIP requirements, in addition to referencing the new FIRM and FIS report. The LFD indicates the sections of the NFIP floodplain management requirements at 44 CFR Section 60.3 that a community must adopt based on the type of flood hazard data provided to the community. You can contact the FEMA Regional Office or your State NFIP Coordinating Agency for assistance on the specific requirements your community will need to adopt. (See "For Assistance" on the back cover page for contact information.) If your community has adopted higher standards than the minimum requirements of the NFIP, your community may qualify for a reduction in flood insurance premiums for your citizens under the Community Rating System (CRS). (See the box on the inside of the back cover for a brief description of the CRS.) of Flood Insurance Rate Nlaps by Participating Communities Janesulle, Wisconsin, 2008 When must a community adopt the new or revised flood hazard data? Your community must amend its existing floodplain management regulations or adopt new regulations before the effective date of the FIRM and FIS report, which is identified in the LFD. The LFD initiates the six -month adoption period. Communities are encouraged to adopt the appropriate floodplain management regulations as soon as possible after the LFD is issued. The adopted regulations must be submitted to FEMA or the State and be approved by FEMA before the effective date of the FIRM and FIS report. FEMA will send two letters notifying the community that it must have approved floodplain management regulations in place before the effective date of the FIRM. The first letter is a reminder letter and is sent to the community 90 days before the effective date. The second letter is sent to the community 30 days before the effective date of the FIRM. This letter is FEMA's final notification that the community will be suspended from the NFIP if it does not adopt the FIRM before the effective date. Notice of the suspension is also published in the Federal Register. If the community adopts or amends its floodplain management regulations prior to the effective date of the FIRM and FIS report and the FEMA Regional Office approves the community's regulations, the suspension will not go into effect and the community will remain eligible for participation in the NFIP. of Flood Insurance Rate What happens if a community does not adopt the appropriate floodplain management regulations during the six -month adoption period? If a community does not adopt new floodplain management regulations or amend its existing regulations before the effective date of the FIRM and FIS report, the community will be suspended from the NFIP. The following sanctions apply if a community is suspended from the NFIP: • Property owners will not be able to purchase NFIP flood insurance policies and existing policies will not be renewed. • Federal grants or loans for development will not be available in identified flood hazard areas under programs administered by Federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the Small Business Administration. • Federal disaster assistance will not be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood. • Federal mortgage insurance or loan guarantees will not be provided in identified flood hazard areas such as those written by the Federal Housing Administration and the Department of veteran Affairs. • Federally insured or regulated lending institutions, such as banks and credit unions, are allowed to Communities Elevated home on pile foundation make conventional loans for insurable buildings in flood hazard areas of non - participating communities. However, the lender must notify applicants that the property is in a flood hazard area and that the property is not eligible for Federal disaster assistance. Some lenders may voluntarily choose not to make these loans. Elecuted home on crawl space foundation If a community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. If development takes place in your community during suspension that does not meet the minimum NFIP requirements, your community will be asked to take actions to reduce the increased flood hazard prior to reinstatement. Digital Flood Hazard Information Resources In accordance with the Flood Insurance Reform Act of 2004, FEMA has implemented a policy that allows the use of digital data for official NFIP purposes. All FEMA's flood mapping products are now prepared digitally, and a number of different digital options are available to view the flood hazard information shown on community FIRMs. All digital flood hazard resources referenced below can be accessed through FEMA's Map Service Center (MSC) at http: / /msc.fema.gov. • Once effective, copies of the FIRM panels in digital format will be provided to your community and will also be available through the MSC. Note that Letters of Map Change (LOMCs) are also available through the MSC in :pdf format. • FIRMettes show a desired section of a FIRM panel specified by a user, plus map scale, and other legend information from the FIRM. FIRMettes can be created online through the MSC, and printed or saved in .pdf format at no cost. • The FIRM database is designed for use with specialized Geographic Information System (GIS) software. Users are able to integrate local data sets with the FEMA flood hazard data in the FIRM database to assist with floodplain management or mitigation planning measures. The FIRM database is provided to your community once the FIRM becomes effective and is also available for download through the MSC. The National Flood Hazard Layer (NFHL) contains all effective digital flood hazard information from FIRM databases and LOMRs produced by FEMA in one integrated nationwide dataset. It also contains point locations of other LOMCs, such as Letters of Map Revision Based on Fill and Letters of Map Amendment. The NFHL is available for viewing through FEMNs online map viewer which can be accessed through the MSC. The NFHL can also be viewed as a layer in Google Earth or accessed via Web Map Service (WMS), a web -based method of viewing map information using commercial GIS software, such as ESRI's ArcGIS. Additional information on these services is available through the MSC. Note for communities that do not yet have digitally produced FIRMs: scanned digital versions of the paper FIRM panels are available through the MSC. However, since the FIRMs were not produced digitally, a FIRM database will not be available and the flood hazard information shown on the FIRMs will not be included in the NFHL. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE REPEALING ORDINANCE NO. 107 ADOPTED FEBRUARY 21,1995; AMENDED 2003 ANDOVER CODE; ORDINANCE NO. 319 ADOPTED JANUARY 17,2006; AND ORDINANCE NO. 407 ADOPTED JUNE 21, 2011. AN ORDINANCE FOR THE MANAGEMENT OF FLOODPLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The ordinance adopted by Council regulates the type of development that may occur within the flood hazard areas within the City of Andover. These flood hazard areas are subject to periodic inundation. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing losses and disruptions associated with flooding. The ordinance complies with the rules and regulations of the National Flood Insurance Program, including the adoption of the effective Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS) report. This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law on December 16, 2015. 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 2nd day of November, 2015 ATTEST: Michelle Hartner, Deputy City Clerk 1 CITY OF ANDOVER Julie Trude, Mayor Regular Andover Planning and Zoning Commission Meeting Minutes — October 13, 2015 Page 2 PUBLIC HEARING: Consider Adoption of Andover City Code Title 14, Chapter 1 Floodplain Regulations, including the effective Flood Insurance Rate Maps (FIRM) for the City of Andover and Flood Insurance Study (FIS) report. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Adoption of Andover City Code Title 14, Chapter 1 Floodplain Regulations, including the effective Flood Insurance Rate Maps (FIRM) for the City of Andover and Flood Insurance Study (FIS) Report. City Planner Hanson reviewed the staff report with the Commission. Commissioner Gudmundson asked in the seventeen pages is there any new language. Ms. Hanson stated there is new language that needs to be adopted. Commissioner Nemeth stated in 2011 FEMA provided Anoka County communities with preliminary copies and he wondered if there was additional studying that needed to take place between then and now. Ms. Hanson stated it has taken that many years to get the maps correct for each of the communities in Anoka County. Commissioner Peterson asked if the flood plains have been expanded and have the areas been expanded or reduced. Ms. Hanson stated some of the boundaries have changed. There is more detail in the maps now. Motion by Gudmundson, seconded by Nemeth, to open the public hearing at 7:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Sims) vote. No one wished to address the Commission. Motion by Gudmundson, seconded by Nemeth, to close the public hearing at 7:11 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Sims) vote. Motion by Nemeth, seconded by Peterson, to recommend the City Council adopt the updated floodplain ordinance along with the Official Zoning Map, Flood Insurance Rate Map panels all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. Commissioner Koehler asked if anyone has made a Federal Floodplain Insurance claim. Chairperson Daninger, and city staff indicated they were not aware of any. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Sims) vote. City Planner Hanson stated that this item would be before the Council at the November 2, 2015 City Council meeting. Y 0 F Q VL. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David Berkowitz, Director of Pub 'c Wo /City Engineer FROM: Todd J. Haas, Asst. Public Works Dire SUBJECT: Approve Revised Garden Plots Application & Guidelines for Happy Gardening — Engineering DATE: November 2, 2015 INTRODUCTION The City Council is requested to approve the revised Garden Plots Application and Guidelines for Happy Gardening. DISCUSSION Attached are the following: • 2016 Garden Plots Application • Guidelines for Happy Gardening. • Revised Garden Plot Drawing Based on comments that staff has received over the past couple years on the smaller plot size and the demand for more medium sized lots, it is recommended to adjust the plots sizes (20 ft. x 30 ft.) to a consistent size throughout the garden. The size of the plots that were available since the program started are as follows: Small (10 ft. x 15 ft.), Medium (25 ft. x 35 ft.) and Large (20 ft. x 75 ft.). If the City Councils agrees with the new plot size, it is recommended that individuals that rented in 2015 have the opportunity to rent only one lot before January 1" no matter how many they had in 2015 and would not be able to purchase additional plots until after April 18u. By doing this from year to year will at least give everyone an opportunity to rent at least one plot until April 18"'. Note: Multiple plot rentals from 2015 included one individual renting 5 medium plots, one individual renting 3 small plots, and one individual renting one large plot and two medium sized plots. There are also numerous other individuals that rented 2 plots. ACTION REQUIRED The City Council is requested to approve the revised Garden Plots Application and Guidelines for Happy Gardening. Respectfully submitted, O�l4(-fx� Todd J. Haas J/ Attachments: Revised Garden Plot Application; Guidelines for Happy Gardening; Community Garden layout ANLb 6V90 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV 2016 Garden Plots Application Name of Applicant: Address, City, Zip: Home Phone: Date: E -mail Address: Assigned Plot Number: Fee: Please return your signed application along with a check or money order (payable to City of Andover) to the City Hall Receptionist at 1685 Crosstown Boulevard NW, Andover, MN 55304. The garden plot size that you request at the time of reservation is indicated below and can only be changed if any plots are still available: Garden (20'x 30') $40 — Medium plot (25' x 25') =$59 ❑ LaFge plot (20' x :75') -$6Q Note: Garden plot renters from the previous year (2015) will have the ability to rent one the same plot for 2016. Renters must complete the required application and pay the rental fee by January 1, 2016 in order to guarantee the carne one plot for 2016. Any plots still available after January 1, 2016 will be offered to current residents of Andover and individuals that are employed in the City of Andover, payable by March 25th. Beginning March 28th, garden plots will be open to the general public, including those that do not live or work in the City of Andover. On April 18th, rental of additional plots will begin, if some are still available. Plots will be available for plantings May 7th through October 9th. Water is included in the rental fee. Please keep watering to a maximum of one hour. Turn off water when you leave and do not water overnight. Gardeners must provide their own hoses, tools, and supplies. Fencing is allowed but is not provided by the City. The garden plots are assigned to you by number (see above for your plot number) and marked out with stakes. Fencing and gardening materials must be cleared out by October 16th and disposed of properly. Any of these materials left behind after this date will be removed by the City and you may lose right to purchase a plot for the following year. Please place all garden debris in the compost area provided (area will be set up in the fall). Note: Renters are responsible for maintaining /cutting weeds and /or grass in aisle /walkways areas between plots to allow easy access to plots and to keep the weeds to a minimum. Only use appropriate weed killer so as not to kill plants that other renters are trying to grow. On street parking on 151" Lane NW is permitted (do not park in grass or boulevard areas). Please do not park along Nightingale Street NW. Restrooms are not available at the garden site so please plan accordingly. Note: The City of Andover and Grace Lutheran Church (property owner) are not responsible for any damage to the gardens or your personal equipment /supplies. Call Todd Haas at the City of Andover at 763 - 767 -5131 with any questions or concerns. All paid fees are final and no refunds will be issued. For additional rules, please see the attached "Guidelines to Happy Gardening ". I hereby state that I will agree to abide by the provisions contained in this application and in the attached guidelines. 4 Signature of Applicant: Fee Rcvd by Check 4 Receipt # Date: ANLb 6 NY 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV 2016 GUIDELINES FOR HAPPY GARDENING • WATERING — Keep watering to a maximum of one hour. Please turn off water when you leave and do not water overnight. Do not borrow neighbor's hose without asking. • PESTICIDES — Use of pesticides are allowed but it is the responsibility of the renter of the plot to follow all manufacturers' directions when using the pesticides. • UNWANTED TREES AND WEEDS — Controlling of unwanted trees and weeds are the responsibility of the renter of the plot including the aisles /walkway areas between and around the plots. Only appropriate weed control for spraying of weeds is allowed so that other garden plots are not being impacted. • EMPTY BAGS/DEBRIS — Your bags and debris must be taken home with you and disposed of properly. Recycling and composting is encouraged. • CHILDREN — Children are welcome as it is a great learning experience. However, we do ask that you keep an eye on them and try to keep them off the neighbor's vegetables. • DOGS — If you bring your dog with you when working in the garden, you are required to pick up after him (City Code 5). Do not allow your dog(s) to enter the neighbor's yards or leave the dog tied up so they sit and bark the entire time. • ASSIGNED LOTS — Please do not use a garden plot that is not assigned to you and do not plant outside of your assigned garden plot. Attached is a map of the garden plots. • PARKING — On -street parking on 151 St Lane NW is permitted (do not park in grass or boulevard areas). Please do not park along Nightingale Street NW. • RESTROOMS are not available at the garden site so please plan accordingly. • FENCING AND GARDENING MATERIALS must be cleared out by October 16th. Any materials left behind will be removed and properly disposed of. Please place all garden debris in the compost area provided (area will be set up in the fall). Failure to clean out plots at the end of the season will result in the City not allowing a plot for rental to that group or individual for the following year. • Please stop by e" the City Hall Front Desk r-eseptien at 763 '« 51 00 by January 1St if you want your lot reserved for next year. Most people went the You may only choose one plot, even if you had more than one last growing season. You can rent additional plots on April 18th if some plots are still available. Thank you for your cooperation. HAPPY GARDENING!! H /engineering /parks /garden plots /guidelines for happy gardening.doc Approved by City Council on 11/2/15 COMMUNITY GARDEN 151ST LANE NW W V) W E- w w °w -J a z o = Z N VE DO i /iz /is 1,_4, 1 2 3 4 5 6 7 8 9 10 W 11 12 13 14 15 16 17 18 y- 19 20 20'x30' 4' 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 F46 47 48 49 50 A C I T Y 0 F ,� 1685 CROSSTOWN BOULEVARD N.W. *ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Pub rks /City Engineer SUBJECT: Approve Assignment of Consulting Service Agreement /2015 GIS Technical Assistance - Engineering DATE: November 2, 2015 INTRODUCTION The City Council is requested to approve the Assignment of Consulting Service Agreement for 2015 GIS Technical Assistance. DISCUSSION In October of this year, Flat Rock Geographies announced its purchase by RE /SPEC, Inc. The personnel formerly at Flat Rock Geographies will continue to serve the City of Andover. We expect the merger will provide our GIS contractor with added expertise in service related to software development. Per the terms of our Consulting Services Agreement for 2015 GIS Technical Assistance, the change requires approval. Staff recommends the City Council move to approve the attached assignment agreement between the Tri-City GIS Organization, Flatrock Geographies, LLC and RE /SPEC, Inc. If the Council approves, the agreement will be executed by the Tri- City GIS partner cities of Columbia Heights and Fridley, and submitted to Flatrock and RE /SPEC for their execution. ACTION REQUIRED The City Council is requested to approve the Assignment of Consulting Service Agreement for 2015 GIS Technical Assistance. Respectfully submitted, Q-V'o . David D. Berkowitz Attachments: Assignment of Consulting Service Agreement✓ CONSENT TO ASSIGNMENT OF CONSULTING SERVICES AGREEMENT BETWEEN FLAT ROCK GEOGRAPHICS, LLC AND TRI -CITY GIS ORGANIZATION TO RE /SPEC INC. AND ASSUMPTION OF CONSULTING SERVICES AGREEMENT BETWEEN FLAT ROCK GEOGRAPHICS, LLC AND TRI -CITY GIS ORGANIZATION BY RE /SPEC INC. WHEREAS, on or about December 18, 2014 the Tri-City GIS Joint Powers Organization ( "Tri-City" or "Client ") and Flat Rock Geographies, LLC ( "Flat Rock" or "Contractor") entered into that Consulting Services Agreement, dated December 22, 2014 ( "Agreement ") a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Flat Rock Geographies, LLC has since merged its operations into a new entity, RE /SPEC Inc. ('RE /SPEC" or "Assignee "), in order to better serve new and existing clients; and WHEREAS, by its terms, Section 8 of the Agreement prohibits Flat Rock from assigning its interest in the Agreement without prior written consent of Tri-City and Section 13 of the Agreement requires any alterations, variations, and modifications of the Agreement to be reduced to writing and signed by Tri -City and Flat Rock; and WHEREAS, Flat Rock desires to assign the Agreement to RE /SPEC and is willing to assign the Agreement to RE /SPEC under the conditions set forth below; and WHEREAS, Tri -City wishes to maintain the terms and conditions already established by the Agreement for GIS consulting services; and WHEREAS, Tri-City is willing to agree to the assignment of the Agreement from Flat Consent to Assignment Consulting Services Agreement dated October 22, 2015 Page I of 4 Rock to RE /SPEC under the conditions set forth below; WHEREAS, RE /SPEC is willing to perform Flat Rock's obligations set forth in the Agreement and accept assignment of the Agreement under the conditions set forth below; NOW, THEREFORE, it is hereby agreed as follows: Tri -City hereby consents to the assignment of the Agreement to RE /SPEC, effective October 1, 2015. 2. Flat Rock acknowledges that the assignment does not relieve Flat Rock of its responsibility for the due and full performance of the Agreement and Flat Rock agrees to be liable to Tri-City for all the obligations of RE /SPEC. 3. RE /SPEC, as assignee, agrees to assume and fully and faithfully perform the obligations of Flat Rock under the Agreement in accordance with its terms and including any amendments thereof and be bound thereby and agrees to be liable to Tri-City for the performance of the Agreement. 4. Tri-City, Flat Rock and RE /SPEC agree and acknowledge that the Agreement attached hereto as Exhibit A is incorporated by reference as if fully set forth herein, that all terms and conditions of and the Agreement itself continues in full force and effect until the Agreement expires or is terminated as provided in the Agreement, and that the parties are bound by the Agreement's terms and conditions until such expiration or termination. [Remainder of a page is intentionally left blank.] Consent to Assignment Consulting Services Agreement dated October 22, 2015 Page 2 of 4 IN WITNESS THEREOF, the parties above -named hereby execute this Consent to Assignment of Consulting Services Agreement Between Flat Rock Geographics, LLC and Tri -City GIS Organization (the "Consent ") and warrant that they have full right, power, and authority to enter into this Consent on behalf of the respective parties hereto. Dated: Dated: 2015 2015 Dated: 2015 Dated: 2015 Dated: 12015 Consent to Assignment Consulting Services Agreement dated October 22, 2015 Page 3 of 4 CLIENT: TRI -CITY GIS ORGANIZATION City of Fridley By: Its: City of Columbia Heights By: Its: City of Andover By: Its: CONTRACTOR: FLAT ROCK, LLC By: Blaine A. Hackett Its: President ASSIGNEE: RE /SPEC INC. By: Phil Welling Its: CFO M CONSULTING SERVICES AGREEMENT This Agreement is made as of 2L- , 2014 (the "Effective Date "), by and between FLAT ROCK GEOGRAPHICS ("Contractor ") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri- City." CONTRACTOR and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: L TERM 1.1 Tenn. The tern of this Contract shall be from January 1, 2015, through December 31, 2015, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 72685790 2.1 General Description. Contractor will provide GIS technical assistance to Tri-City which includes the cities of Andover, Columbia, Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warranty Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below (Service Fees "). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse Contractor. Total Service Fees: $98,415 to be allocated as follows: Andover- $43,200.00 Fridley- $37,440.00 Columbia Heights- $17,775.00 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Pavment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri -City will: (a) pay any amount not in dispute by the due date, and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri -City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 to the scope of the Services by Tri -City unless and until Contractor has received Tri - City's agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri -City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri -City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of; the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 726S579v1 coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri -City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri -City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri -City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 4 726as79v I Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri -city and Contractor. 113 Force Maieure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 5 7268579v1 12. 13 14. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President Flat Rock Geographies, LLC 2434 Virginia Circle Roseville, MN 55113 Fridley: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: Director of Public Works /City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Heights: Public Works Director City of Columbia Heights 637 - 38'h Avenue NE Columbia Heights, MN 55421 Except as otherwise provided in Section 3.4 hereof any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri -City and Contractor. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. 15. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 16. MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the 6 7268579x1 complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of. (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non - binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non- binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18. NON- DISCLOSURE OF NON - PUBLIC. PRIVATE OR CONFIDENTIAL INFORMATION 7 7268579,1 The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the custody of the City that would be categorized as private or non - public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling its obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf Any such information and data in Contractor's possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR By: Title: Yt'St� fk l Date: ► Z 1 8 7268579v1 TRI- IT Q ORGANIZATION By: Title. Date: i)- — 10- 19 By: Tit] Dat e: G li.fl`t¢ltl e: ! r By: Tit Date: Exhibit A Contractor shall provide the following services generally described as GIS Support: 726x579Vi Regular Hourly Rate Tri -City 2015 Discount Hourly Rate Specialist 1 $65.00 $45.00 Field Data Collection, Data Input, Data Editing, Data Updates, Data Management, Data Sychronization, Mapping, Geocoding, Analyst $75.00 $65.00 Run reports (CTS, GranitXP), Checkln /Checkout Field data, Data Modelling, Model Builder, ArcPad Form Creation, Database creation, Update GeoMoose Layers Project Manager $120.00 $95.00 Run meetings, Demos, Training, Task Management, Staff support IT $120.00 $95.00 Software Installation, OS Tech support, General Maintenance of software, CTS technical support Programmer /Developer I $150.00 $120.00 Writing Code (HTML, VBSCRIPT), Custom Development (PHP,lavascript), Automation, mapfeeder customization 726x579Vi NDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Approve LMCIT Liability Coverage November 2, 2015 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION Attached is the "LMCIT Liability Coverage — Waiver Form" provided by the LMCIT, which provides a description of the options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGET IMPACT No budget impact if the City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. ted, �0 LEAGUE of MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech @lmc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. selects liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council /governing body meeting Signature 145 UNIVERSITY AVE. WEST PHONE: (6S1) 281 -1200 PAX: (651) 281 -1299 ST. PAUL, MN 55103 -2044 TOLLPREE: (800) 925 -1122 wEE:www.Lmc.onc C I T Y O F NDOVE @1b 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Reimbursement Resolution / 2016 Equipment Purchases DATE: November 2, 2015 The Andover City Council is requested to approve the reimbursement resolution to provide reimbursement for the equipment purchases approved through the 2016 - 2020 City of Andover Capital Improvement Plan (CIP) and the annual budget process. DISCUSSION The Andover City Council, as part of the October 20, 2015 Council meeting, officially adopting the 2016 - 2020 Capital Improvement Plan and on December 15, 2015 will officially adopt the 2016 Annual Operating Budget that included $580,000 for General Obligation Equipment Notes planned for purchasing Public Safety and Public Works equipment (see Exhibit A). Equipment funded by other sources include: turnout gear, SCBA's, radios and a server. BUDGETIMPACT The equipment purchases were part of the 2016 - 2020 Capital Improvement Plan and budgeted in the 2016 Operating Budget. ACTION REQUESTED The City Council is requested to approve the attached resolution providing for reimbursement of the equipment purchases. The City Council is also requested to authorize staff to start the procurement process for acquiring the equipment. Respectfully submitted, �4 � -� Lee Brezinka Attachments: Reimbursement Resolution Exhibit A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the "Regulations ") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent' pursuant to Section 1.103 -18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds ") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103 -18 of the Regulations. 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long -term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember and adopted by the City Council of the City of Andover on this day of with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Julie Trude - Mayor CITY OF ANDOVER Description Equipment Note Funded Items: General Fund Vehicle / Equipment Replacements: Capital Equipment Reserve Small Extended Cab Pick Up - Building $ 30,000 Fire Marshall vehicle 40,000 Breathing Air Compressor - FS #1 80,000 Toro Groundmaster #559 45,000 Toro Groundmaster #585 110,000 Toro Groundmaster 4000 -D #583 70,000 Dump Truck w/ Snow Removal Equipment #196 200,000 Total Equipment Note Equipment Funded by Other Sources: Replacement - Turnout Gear Replacement - SCBA's Replacement - 800 MHz radios New Server Addition/Replacement Total Other Equipment Total Equipment $ 575,000 $ 19,000 General Fund 250,000 Capital Equipment Reserve 35,000 Capital Equipment Reserve 20,000 Capital Equipment Reserve $ 324,000 $ 899,000 Exhibit A 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US To: Mayor and Councilmembers FROM: Jim Dickinson, City Administrt SUBJECT: Modify Depository Resolution/ DATE: November 2, 2015 INTRODUCTION Investment Accounts a: Minnesota State Statute 118A.02 requires the City Council to designate official depositories. Financial institutions designated as official depositories are the only institutions in which the city funds may be deposited. DISCUSSION Recently City Staff met with representatives of Premier Bank about the potential of Premier Bank being an investment and banking option for the City of Andover. On occasion the City of Andover has the need of investment and banking services in which the City could utilize Premier Bank. Premier Bank will be opening a new bank branch in Andover at 1777 Bunker Lake Boulevard NW. Tentative opening date of the new branch is November 9th. BUDGET IMPACT This is a cash management issue and has the potential to save fiscal management fees. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution updating the January 6, 2015 "A Resolution Designating Depositories of City Funds and Supplemental Depositories of City Funds for Investment Purposes Only ". Se ctfully submitted, J' is nson hment CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 010- 15, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section 118A sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories; and WHEREAS, Premier Bank can provide services to the City of Andover comparable to the City's current supplemental depositories; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Premier Bank (Maplewood, Rochester and Farmington Charters) be added as a supplemental depository for investment and cash management purposes only. Adopted by the Andover City Council on the 2nd day of November 2015. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Erick Sutherland, Recreational Facili M ager SUBJECT: Approve - Fee Ordinance Amendment DATE: November 2, 2015 INTRODUCTION The Recreational Facility Manager along with the ACC Advisory Commission is recommending the following changes to the Fee Ordinance. tcelime Current Proposed Prime - Weekdays $195.00 $198.00 Prime - Weekends $195.00 $198.00 IceTime- Non Prime Current Proposed Prime - Weekdays $145.00 $150.00 Prime - Weekends $145.00 $150.00 *A survey of other facilities was done to help determine the proposed changes. BUDGETIMPACT The additional revenues will help off set the operational costs of the Community Center. ACTION REQUIRED The Andover City Council is requested to approve the new fee ordinance for the Andover Community Center. Respectfully submitted, Erick Sutherland Recreational Facility Manager rMll I �- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV ia. TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Pub ' Works /City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment Roll/15- 2/2015 Street Overlays — Engineering DATE: November 2, 2015 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 15 -2, 2015 Street Overlays. DISCUSSION During the summer of 2015 a paving overlay project was completed for the developments of Creek View Crossing, Old Colony Estates, and Weybridge 1St -3`d Additions. In accordance with the Roadway Reconstruction Assessment Policy, twenty -five percent (25 %) of the total project costs' for a standard street section are being assessed to the benefiting properties. The following table depicts the total project costs, assessable costs, City costs, feasibility assessment rate per unit, and actual assessment rate per unit. Project # Total Project Costs Assessable Costs (25 %) City Costs (75 %) Feas. Assess. Rate Per Unit Actual Assess. Rate Per Unit 15 -2 $412,136.41 $103,034.10 $309,102.31 $620.00 $354.07 At the September 15, 2015 City Council meeting the costs were declared and the assessment role was ordered. The Assessment Roll has been prepared and is on file in the City Engineer's office for review. Attached are the following: • Resolution adopting the assessment roll • Example notice and letter sent to property owners • Location map • Assessment worksheet • Example assessment roll Mayor and Council Members November 2, 2015 Page 2 of 2 BUDGET IMPACT Seventy -five percent (75 %) of the total project costs will be funded from the City's Road & Bridge Fund. The remaining 25% of the total project costs will be assessed to the benefiting properties. Based upon current market conditions these assessments be extended over a 5 -year period at a 4.5% interest rate. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolution adopting the assessment roll for Project 15 -2, 2015 Street Overlays. Respectfully submitted, c). David D. Berkowitz Attachments: Resolution Letter & Notices Sent to Property Owners Location Map, ssessment Worksheet�c Example Assessment Roll ✓' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 15-2,2015 STREET OVERLAYS, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2016 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of November , 2015 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner— Deputy City Clerk 0mrallim no-_- `^. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV October 7, 2015 Re: 2015 Street Overlays /Creek View Crossing, Old Colony Estates & Weybridge 15'_3" Additions /City Project 15 -2 Dear Property Owner: Please find enclosed the public hearing notice for the proposed assessment for your street overlay. The public hearing is scheduled for Monday, November 2, 2015 at 7:00 p.m. at the Andover City Hall. The estimated assessment per lot was $620.00 per lot and the actual assessment amount will be $354.07 per lot. Once the public hearing is held and the assessments are approved by the City Council a subsequent letter will be mailed explaining the payment process. If you have any questions, feel free to contact me at (763) 767 -5133 or Jason Law at (763) 767 -5130. Sincerely, David D. Berkowitz, P.E. Director of Public Works /City Engineer DDB:rja Encl. AN166V9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO. 15 -2 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Monday, November 2, 2015 at 7:00 PM to pass upon the proposed assessment for street overlay in the following described areas: 2015 Street Overlays Creek View Crossing, Old Colony Estates & Weybridge 1s' -3rd Additions The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $354.07 per lot. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL I Mic elle Hartner - Deputy City Clerk Publication Date: October 9, 2015 (Anoka Union) C I T Y O F NDOVE _ 2015 Street Overlays m 1 /341 145E 1331 1317 1305 _s1 16509 43526 C 14529 145TH LN 1 3069 m 13M s "51) 1330 1318 1306 1291 1292 1270 14526 O 1342 N 115) Y ANDOVERBLVD ANDOVER BLVD ANDOVER BLVD ANDOVER BLVD 1412 2 U 2w 14204 la; 14 1431 141ST 140 � 144]1 14457 !4344 LY85 144]1 1153 1111 1129 1105 1093 n L"" W® 14451 14458 T 14443 y 144TH LN WL O� 14429 1244 L"52 14453 14442 14447 IL28 11L6 11M 14411 14436 X 14437 14430 14427 14435 1345 p 14414 1321 L"20 2 = 14423 1 "IB 14415 1 "20 14423 144TH AVE 14MB 14397 L44« 14409 14406 1"08 1"03 14411 14376 14379 14382 I- 1438L 16395 14394 14396 11399 14358 143% 14368 11388 2+ 1283 1271 L247 1235 1438L 2 14381 W 14382 14394 F m 14387 14338 Ld339 14352 1430 1223 143RD LN 1211 1634 ¢ 14379 V 14370 W 14372 w 11375 Iy SRO 14367 14318 N L4319 11336 14335 L44 JN 14353 2 1 /313 Q 1433) LA359 3 14355 143 60 14296 ¢ Ld391 1433 W 14326 1230 14331 �- u, 14321 1220 1210 "3a1 X 16346 "318 11363 14361 43271 m 142]) 14302 w 1429] Id310 2 m $ 14329 14336 1436 14331 � 16305 ~ 16331 "256 14257 14384 L481 16296 14313 14317 11322 111] 16327 Cd "289 14319 103 14236 11237 "366 -. "263 142)8 14298 143RD AVE 14315 V J fpR U AVE 14216 1377 16249 14242 14244 „ 1184 L172 1160 16303 1353 CPEEK4I27 CPOSSiIw 14241 142]1 � 1168 1116 1112 14390 11291 "198 j4jN0 1423) ti -r �a5' A 1115 16x32 N I4ZN OLN y 1185 16278 1159 vi w 14279 14181 Q 1360 1331 1360 1147 113511x3 0 a24' 1311 1236 14266 14267 1393 1Lt ,}I aly0 1297 v 12L 3J zND LN JVr 131 1331 W 12)9 1212 I188 1455 1326 ti 4VE 12651251 1144 1152 1357 1314 ��++� 1237 O 31441128 it" 1092 1413 1445 13" Ia 1223 7N04ve 1191 1179 V 16231 .330 1282 116) 1366 1333 1270 1143 > 14219 1321 lu8 1107 iM5 135! 130 1236 1297 14ZN D 134 1226 AVE 140] 1385 141ST 1193 13M 13M tv = 1x61 L161 11,44 "195 lug �O 113211201108 t06 1318 1237 't 4. 1 4183 1306 1296 1193 1111 w 1157 111]1 1270 1145 1121110 107 1251 14j y, 14139 luc 1234 T LN 1222 1210 1194 14147 1170 1LS1 1"2 C" CREED. vaRX 1130 1118 16135 1 "1 104 loe2 1635 1431 632 91 3' 1407 1389 1373 1359 137 1422 !y 1333 130 1299 140TH LN 1289 1412 1x)9 16036 v, 1380 1366 1352 120 14026 Q 1340 13261310 1298 J4, 1259 14016 (: 14031 1282 ZC 12311219 120) 1195 N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (G IS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved s Printed 11/17/2014 U Q Q E Q 98) 1 FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2015 Street Overlays Project No.: 15 -02 Old Colony Estates, Creek View Crossing, Weybridge 1st - 3rd Additions Feasibility Report Const. Est. Date: 1/6/15 Amount: $ 594,700.00 Contract Award Date: 4/7/15 Amount: $ 441,856.51 Actual Construction Cost Amount: $ 345,334.55 Actual Expenses Engineering (Includes Design, Surveying, Inspection, etc.): $ 42,468.89 Consulting Costs $ _ Aerial Mapping (1% of street) $ Drainage Plan (0.3% of streettstorm) $ _ Administration (3 %) $ 10,360.04 Assessing (1 %) $ 3,453.35 Bonding (0.5 %) $ _ Recording Fees / Legal & Easement $ _ Advertising $ 317.82 Permit and Review Fees $ _ Street Signs (Materials and Labor) $ _ Material Testing $ 2,573.26 Construction Interest $ 3,656.66 City Costs $ 3,971.84 Total Actual Expenses $ 66,801.86 Expenses Multiplier 19.34410% Total Actual Project Cost (Base Bid) Amount: $ 412,136.41 COSTS INCLUDING ALTERNATE BID 2 (PATCH CONCRETE CURB JOINTS) Construction Costs (Base Bid + Alt. Bid 2) Indirect Costs (Base Bid + Alt. Bid 2) Total Project Costs (Base Bid + Alt. Bid 2) Assessable Costs (25 %) (Base Bid + Alt. Bid 2) City Costs (75 %) (Base Bid + Alt. Bid 2) $ 345,334.55 $ 66,801.86 $ 412,136.41 $ 103,034.10 $ 309,102.31 Road & Bridge Fund Feasibility Assessment Rate Per Unit (Base Bid + Alt. Bid 2) $ 180,520.00 /291 Units= $ 620.00 Actual Assessment Rate Per Unit (Base Bid + Alt. Bid 2) $ 103,034.10 / 291 Units= $ 354.07 DATE: October 6, 2015 PROJECT: 15 -02 Street Overlay PIN: LOT: BLOCK: Address: Total $ 354.07 CITY OF ANDOVER Special Assessment Roll Interest Rate: 4.50% Number of Payments: 5 Annual Payment: $ 80.65 2016 2017 2018 2019 2020 TOTAL Principal $ 64.72 $ 67.63 $ 70.67 $ 73.85 $ 77.20 $ 354.07 Interest 15.93 13.02 9.98 6.80 3.45 49.18 Total $ 80.65 $ 80.65 $ 80.65 $ 80.65 $ 80.65 $ 403.25 Principal Balance: $ 289.35 $ 221.72 $ 151.05 $ 77.20 $ - 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 CC: Jim Dickinson, City Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Public Hearing for 2015 Delinquent Service Charges DATE: November 2, 2015 DIq INTRODUCTION City Code Title 10 Chapter 3, 10 -3 -3D; City Code Title 10 Chapter 1, 10 -1 -9F; and City Code Title 8 Chapter 5, 8- 5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. The assessment procedures directed by state statute 429 is being followed by holding a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent service charges were $280,872.34 as of September 25, 2015 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 23rd have been applied to the delinquent accounts, reducing the delinquent balance to $236,247.67. Delinquent balances as of October 23, 2015 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2016 taxes. Therefore, the total assessment for delinquent sewer, water, storm sewer, street lighting services, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees is $290,584.81. BUDGET IMPACT This request will assist in reducing outstanding receivables for the City. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. Respectfully submitted, �41 -75-1e�-z Lee Brezinka Attachments: 2015 Delinquent Utility List Resolution Adopting Assessment Roll for Delinquent Service Charges CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 1008 -140th Lane NW MISC SRVCS 349.63 430.04 101150TH LN NW ACTIV 36.82 45.29 1020159TH LN NW ACTIV 337.08 414.61 1038 159TH LN NW INACT 43.45 53.44 1041159TH LN NW ACTIV 474.70 583.88 1048 152ND LN NW ACTIV 384.17 472.53 1065 162ND AVE NW ACTIV 318.88 392.22 1076 161ST LN NW ACTIV 618.72 761.03 1087140TH LN NW ACTIV 660.54 812.46 1088 161ST LN NW ACTIV 711.10 874.65 1091160TH AVE NW ACTIV 732.96 901.54 1092 142ND LN NW ACTIV 707.63 870.38 1103 161ST LN NW ACTIV 560.39 689.28 1104142ND LN NW ACTIV 980.31 1,205.78 1117 144TH LN NW ACTIV 115.64 142.24 1117 144th Ln NW FALSE ALARM 150.00 184.50 1130179TH AVE NW ACTIV 39.17 48.18 1133 141ST LN NW ACTIV 332.16 408.56 1135 142ND LN NW ACTIV 540.59 664.93 1137137TH LN NW ACTIV 1,139.33 1,401.38 1138 155TH AVE NW ACTIV 533.53 656.24 1151160TH AVE NW INACT 829.95 1,020.84 1155 142ND AVE NW ACTIV 51.86 63.79 1169159TH AVE NW ACTIV 718.40 883.63 1210143RD LN NW ACTIV 532.09 654.47 1215142ND LN NW ACTIV 224.36 275.96 1223 162ND AVE NW ACTIV 598.42 736.06 1229155TH LN NW ACTIV 629.11 773.81 1230143RD LN NW ACTIV 206.21 253.64 1237142ND AVE NW ACTIV 409.59 503.80 125 154TH AVE NW ACTIV 95.85 117.90 1253155TH LN NW ACTIV 398.14 489.71 1255 146TH AVE NW ACTIV 485.74 597.46 1265 142ND AVE NW ACTIV 504.42 620.44 13318 EIDELWEISS ST NW ACTIV 310.87 382.37 13319 HUMMINGBIRD ST NW ACTIV 544.89 670.21 13319 QUINN ST NW ACTIV 602.42 740.98 13321 KILLDEER ST NW ACTIV 330.06 405.97 13326 TULIP ST NW INACT 499.79 614.74 13339 ARROWHEAD ST NW INACT 309.77 381.02 1334146TH AVE NW ACTIV 503.99 619.91 13344 IBIS ST NW ACTIV 609.03 749.11 13365 MARIGOLD CT E INACT 50.64 62.29 13365 MARIGOLD CT E INACT 294.98 362.83 13367 MARTIN ST NW ACTIV 491.37 604.39 13373 LILY ST NW ACTIV 302.41 371.96 13377 UPLANDER ST NW ACTIV 540.27 664.53 13381 HUMMINGBIRD ST NW ACTIV 543.01 667.90 13416 SWALLOW ST NW ACTIV 109.59 134.80 13424 UPLANDER ST NW ACTIV 381.34 469.05 13430 CROOKED LAKE BLVD NW INACT 135.35 166.48 13431 HUMMINGBIRD ST NW ACTIV 610.61 751.05 13431 NARCISSUS ST NW ACTIV 353.12 434.34 13436 NARCISSUS ST NW ACTIV 646.72 795.47 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 13438 THRUSH ST NW ACTIV 134.87 165.89 13443 CROOKED LAKE BLVD NW ACTIV 218.69 268.99 13448 HEATHER ST NW ACTIV 347.48 427.40 13453 CROOKED LAKE BLVD NW ACTIV 46.85 57.63 13454 JAY ST NW ACTIV 609.45 749.62 1346 140TH AVE NW ACTIV 493.88 607.47 13474 HUMMINGBIRD ST NW INACT 150.72 185.39 13482 MARTIN ST NW ACTIV 126.60 155.72 13483 IBIS ST NW ACTIV 33.29 40.95 13485 JAY ST NW ACTIV 578.66 711.75 13487 SWALLOW ST NW ACTIV 792.30 974.53 1350 153RD LN NW ACTIV 215.04 264.50 13506 PARTRIDGE CIR NW ACTIV 156.59 192.61 13513 CROOKED LAKE BLVD NW ACTIV 120.76 148.53 13523 PARTRIDGE CIR NW ACTIV 76.94 94.64 13533 NARCISSUS ST NW ACTIV 106.14 130.55 13536 PARTRIDGE CIR NW ACTIV 215.63 265.22 13548 HEATHER ST NW ACTIV 76.28 93.82 13548 JONQUIL ST NW ACTIV 347.48 427.40 13554 PARTRIDGE CIR NW INACT 155.12 190.80 13564 NARCISSUS ST NW ACTIV 602.66 741.27 13577 XAVIS ST NW ACTIV 402.97 495.65 13589 ORCHID ST NW ACTIV 173.57 213.49 13594 PARTRIDGE CIR NW INACT 851.43 1,047.26 136010RCHID ST NW ACTIV 103.44 127.23 13602 PARTRIDGE CIR NW ACTIV 450.34 553.92 13604 HIDDEN CREEK DR NW ACTIV 617.97 760.10 13610 PARTRIDGE CIR NW ACTIV 493.28 606.73 13611 GLADIOLA ST NW ACTIV 217.23 267.19 13615 POPPY ST NW ACTIV 572.37 704.02 13618 PARTRIDGE CIR NW ACTIV 111.87 137.60 13626 NARCISSUS ST NW ACTIV 294.11 361.76 13638 HIDDEN CREEK DR NW ACTIV 543.77 668.84 13659 XAVIS ST NW ACTIV 533.74 656.50 13662 MARIGOLD ST NW ACTIV 573.71 705.66 13662 YUKON ST NW INACT 536.58 659.99 13665 BITTERSWEET ST NW ACTIV 119.89 147.46 13671 XAVIS ST NW ACTIV 59.01 72.58 13672 YUKON ST NW ACTIV 216.48 266.27 13677 XAVIS ST NW ACTIV 563.55 693.17 13683 YUKON ST NW ACTIV 552.05 679.02 13693 HIDDEN CREEK DR NW ACTIV 578.29 711.30 13728 UNDERCLIFT ST NW ACTIV 602.52 741.10 13748 ROUND LAKE BLVD NW INACT 406.20 499.63 13753 PARTRIDGE ST NW ACTIV 10.90 13.41 13763 RAVEN ST NW ACTIV 525.04 645.80 13774YELLOWPINE ST NW INACT 132.44 162.90 13776 RAVEN ST NW ACTIV 506.97 623.57 13778 SWALLOW ST NW ACTIV 640.56 787.89 13780 QUINN ST NW ACTIV 232.92 286.49 13787 RAVEN ST NW ACTIV 360.98 444.01 13788 VALE ST NW ACTIV 394.85 485.67 13793 PARTRIDGE ST NW ACTIV 124.96 153.70 13802 SWALLOW ST NW ACTIV 66.97 82.37 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 13808 ROUND LAKE BLVD NW ACTIV 215.34 264.87 13818 CROSSTOWN DR NW ACTIV 262.43 322.79 13819 QUINN ST NW ACTIV 347.48 427.40 13820 VINTAGE CT NW ACTIV 87.91 108.13 13835 OSAGE ST NW ACTIV 347.48 427.40 13835 SYCAMORE ST NW INACT 581.43 715.16 13841 SILVEROD CT NW ACTIV 688.26 846.56 13842 SILVEROD CT NW ACTIV 438.74 539.65 13845 UNDERCLIFT ST NW ACTIV 110.34 135.72 13847 SILVEROD CTNW ACTIV 331.98 408.34 13858 SILVEROD CT NW INACT 491.86 604.99 13864 REDWOOD ST NW ACTIV 73.46 90.36 13864 SILVEROD CT NW ACTIV 273.12 335.94 13871 VALE ST NW INACT 672.04 826.61 13872 ROSE ST NW ACTIV 517.63 636.68 13886 WINTERGREEN ST NW ACTIV 479.60 589.91 13888 BLUEBIRD ST NW ACTIV 352.44 433.50 1389156TH LN NW ACTIV 729.03 896.71 13895 EVERGREEN ST NW ACTIV 485.38 597.02 13895 WINTERGREEN ST NW ACTIV 825.83 1,015.77 13910 PALM ST NW ACTIV 496.52 610.72 13910 PARTRIDGE ST NW ACTIV 324.61 399.27 13914 NORWAY ST NW ACTIV 684.26 841.64 13919 WINTERGREEN ST NW ACTIV 957.80 1,178.09 13921 NORTHWOOD DR NW ACTIV 310.87 382.37 13922 PARTRIDGE ST NW ACTIV 47.48 58.40 13928 WINTERGREEN ST NW ACTIV 507.05 623.67 13929 NIGHTINGALE ST NW ACTIV 155.56 191.34 1393138TH LN NW ACTIV 184.41 226.82 13943 CROCUS ST NW ACTIV 294.84 362.65 13952 MARTIN ST NW ACTIV 398.23 489.82 13954 AZTEC ST NW ACTIV 319.40 392.86 13958 NIGHTINGALE ST NW INACT 42.12 51.81 13963 BLUEBIRD ST NW ACTIV 598.64 736.33 13970 YUCCA ST NW ACTIV 416.51 512.31 13974 NORWAY ST NW ACTIV 1,011.87 1,244.60 13977 TULIP ST NW ACTIV 149.07 183.36 13977 TULIP ST NW INACT 298.63 367.31 13979 FLORA ST NW ACTIV 310.87 382.37 13980 ILEX STNW ACTIV 424.57 522.22 13980 YUCCA ST NW INACT 181.40 223.12 13981 REDWOOD ST NW ACTIV 766.70 943.04 13982 MAGNOLIA ST NW ACTIV 117.79 144.88 13982 NORWAY ST NW ACTIV 99.34 122.19 13990 JUNIPER ST NW ACTIV 735.27 904.38 13994 SILVEROD ST NW ACTIV 474.36 583.46 14000 YUCCA ST NW ACTIV 546.06 671.65 14001 SILVEROD ST NW ACTIV 591.55 727.61 14008 OLIVE ST NW ACTIV 340.05 418.26 14014 NORWAY ST NW ACTIV 953.10 1,172.31 14015 RAVEN ST NW ACTIV 329.55 405.35 14018 CROSSTOWN BLVD NW ACTIV 96.87 119.15 14021 HOLLY ST NW ACTIV 891.63 1,096.70 14021 TULIP ST NW ACTIV 231.24 284.43 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 14025 OLIVE ST NW ACTIV 10.23 12.58 14026 QUINN ST NW ACTIV 347.48 427.40 14028 AZTEC ST NW ACTIV 752.72 925.85 14030 PRAIRIE RD NW ACTIV 28.57 35.14 14032 QUINCE ST NW ACTIV 74.33 91.43 14038 PARTRIDGE ST NW ACTIV 347.48 427.40 14041 CROSSTOWN BLVD NW ACTIV 305.43 375.68 14042 ROSE ST NW ACTIV 69.05 84.93 14043 SILVEROD ST NW ACTIV 44.86 55.18 14047 PALM ST NW ACTIV 516.13 634.84 14077 AZTEC ST NW ACTIV 488.88 601.32 14081 AZTEC ST NW ACTIV 219.72 270.26 14091 AZTEC ST NW INACT 101.00 124.23 14096 RAVEN ST NW ACTIV 525.73 646.65 141121VYWOOD ST NW ACTIV 68.28 83.98 14118 QUINCE ST NW ACTIV 172.72 212.45 14135 VALE ST NW ACTIV 1,105.82 1,360.16 14149 ORCHID ST NW ACTIV 913.88 1,124.07 14157 PRAIRIE RD NW ACTIV 37.88 46.59 14161 QUINCE ST NW ACTIV 242.85 298.71 14163 EAGLE ST NW ACTIV 16.30 20.05 14165 ORCHID ST NW ACTIV 755.99 929.87 14174 QUINN ST NW ACTIV 538.35 662.17 1420148TH LN NW ACTIV 862.90 1,061.37 14204 VINTAGE ST NW ACTIV 367.90 452.52 14227 OLIVE ST NW ACTIV 113.39 139.47 14231 VALE ST NW ACTIV 682.48 839.45 14232 YELLOWPINE ST NW ACTIV 433.48 533.18 14232 Yellowpine St NW MISC SRVCS 223.17 274.50 14235 UNDERCLIFT CT NW INACT 95.79 117.82 14239 VINTAGE ST NW ACTIV 128.07 157.53 14240 OLIVE ST NW ACTIV 1,336.66 1,644.09 14252 CRANE ST NW ACTIV 1,183.83 1,456.11 14255 RAVEN ST NW ACTIV 696.11 856.22 14257 BLUEBIRD ST NW ACTIV 490.95 603.87 14258 RAVEN ST NW ACTIV 1,192.22 1,466.43 14263 Tamarack St NW MISC SRVCS 223.01 274.30 14263 ZILLA ST NW ACTIV 495.70 609.71 14268 ROUND LAKE BLVD NW ACTIV 269.47 331.45 14268 VINTAGE ST NW ACTIV 68.28 83.98 14269 VINTAGE ST NW INACT 55.38 68.12 14273 THRUSH ST NW ACTIV 109.59 134.80 14276 BLUEBIRD ST NW ACTIV 603.72 742.58 14279 VINTAGE ST NW ACTIV 68.28 83.98 14281 ZI LLA ST NW ACTIV 435.57 535.75 14290 VALE ST NW ACTIV 40.96 50.38 14296 FLAMINGO ST NW INACT 45.00 55.35 14297 ZILLA ST NW ACTIV 545.02 670.37 14299 RAVEN ST NW ACTIV 86.08 105.88 14299 VINTAGE ST NW ACTIV 68.28 83.98 14302 ZI LLA ST NW INACT 117.79 144.88 14305 THRUSH ST NW ACTIV 457.95 563.28 14307 RAVEN ST NW ACTIV 556.85 684.93 14311 ROUND LAKE BLVD NW ACTIV 513.27 631.32 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 14325 ROUND LAKE BLVD NW ACTIV 475.23 584.53 14326 EAGLE ST NW ACTIV 94.24 115.92 14328 WOODBINE ST NW ACTIV 212.54 261.42 14329 VINTAGE ST NW ACTIV 310.87 382.37 1433 144TH AVE NW ACTIV 370.98 456.31 14334 WINTERGREEN ST NW ACTIV 344.06 423.19 14338 VINTAGE ST NW ACTIV 310.87 382.37 14348 EVERGREEN ST NW ACTIV 21.94 26.99 14348 VINTAGE ST NW ACTIV 68.28 83.98 14349 VINTAGE ST NW ACTIV 175.58 215.96 1435 140TH AVE NW ACTIV 622.34 765.48 14357 EAGLE ST NW ACTIV 798.46 982.11 14357 PARTRIDGE ST NW ACTIV 552.06 679.03 14369 CRANE ST NW ACTIV 107.54 132.27 14370 YUCCA ST NW ACTIV 114.32 140.61 14391 WINTERGREEN ST NW ACTIV 690.46 849.27 14399 VALE ST NW ACTIV 496.60 610.82 14400 QUINN DR NW ACTIV 504.77 620.87 14409 XEON ST NW ACTIV 715.04 879.50 14417 OSAGE ST NW ACTIV 706.19 868.61 14429 OSAGE ST NW ACTIV 642.22 789.93 1443 141ST LN NW INACT 422.91 520.18 14435 VALE ST NW ACTIV 429.18 527.89 14439 HUMMINGBIRD CT NW ACTIV 322.20 396.31 14440 ROUND LAKE BLVD NW ACTIV 39.17 48.18 14447 ELDORADO ST NW ACTIV 451.13 554.89 14447 KERRY ST NW ACTIV 461.69 567.88 14458 INCA ST NW ACTIV 38.65 47.54 14459 FLINTWOOD ST NW ACTIV 455.06 559.72 14459 VALE ST NW ACTIV 162.65 200.06 14468 XEON ST NW ACTIV 367.49 452.01 14469 AZTEC ST NW ACTIV 45.22 55.62 14479 HUMMINGBIRD ST NW ACTIV 478.82 588.95 14511 ELDORADO ST NW ACTIV 730.52 898.54 14513 KERRY ST NW INACT 50.27 61.83 14516 ROUND LAKE BLVD NW ACTIV 302.95 372.63 14524 BLUEBIRD ST NW ACTIV 553.81 681.19 14537 KERRY ST NW ACTIV 63.36 77.93 14537 KERRY ST NW INACT 44.88 55.20 14551 DAKOTA ST NW ACTIV 54.41 66.92 14558 CRANE ST NW ACTIV 680.81 837.40 14588 IBIS ST NW ACTIV 385.12 473.70 1459 146TH AVE NW ACTIV 119.55 147.05 14592 JAY ST NW ACTIV 238.76 293.67 14604 DRAKE ST NW ACTIV 350.62 431.26 14630 GROUSE ST NW ACTIV 116.04 142.73 1464147TH AVE NW ACTIV 257.07 316.20 14642 DRAKE ST NW ACTIV 472.35 580.99 14650 GROUSE ST NW ACTIV 743.21 914.15 14651 GROUSE ST NW ACTIV 106.54 131.04 14661 GROUSE ST NW ACTIV 402.97 495.65 1469140TH LN NW ACTIV 111.86 137.59 1469 160TH AVE NW ACTIV 475.04 584.30 1470 153RD LN NW ACTIV 119.84 147.40 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 14706 BLUEBIRD ST NW ACTIV 617.15 759.09 14712 JAY ST NW ACTIV 743.33 914.30 14734 EAGLE ST NW ACTIV 210.62 259.06 14737 GROUSE ST NW ACTIV 141.53 174.08 14745 EVERGREEN ST NW ACTIV 39.17 48.18 1475 154TH LN NW ACTIV 498.84 613.57 14751 CRANE ST NW ACTIV 416.83 512.70 1476 155TH AVE NW ACTIV 773.19 951.02 14760 SYCAMORE ST NW ACTIV 39.17 48.18 14761 GROUSE ST NW ACTIV 558.93 687.48 14762 CRANE ST NW ACTIV 901.84 1,109.26 14774 EAGLE ST NW ACTIV 265.66 326.76 14820 BLACKFOOT ST NW ACTIV 27.71 34.08 14824 JAY ST NW ACTIV 527.13 648.37 14826 UNIVERSITY AVE NW ACTIV 17.92 22.04 14834 EAGLE ST NW ACTIV 255.89 314.74 1485154TH LN NW ACTIV 528.26 649.76 1490148TH AVE NW ACTIV 159.41 196.07 14913 7TH AVE NW ACTIV 39.17 48.18 14920 BUTTERNUT ST NW ACTIV 37.87 46.58 14921 RAVEN ST NW ACTIV 845.94 1,040.51 1493 144TH AVE NW ACTIV 379.25 466.48 14939 CRANE ST NW INACT 25.97 31.94 14977 EAGLE ST NW ACTIV 672.68 827.40 14978 DRAKE ST NW ACTIV 909.83 1,119.09 15012 ROUND LAKE BLVD NW ACTIV 39.17 48.18 15012 Round Lk Blvd NW MISC SRVCS 168.44 207.18 15065 CRANE ST NW ACTIV 474.92 584.15 15093 CRANE ST NW ACTIV 229.73 282.57 1511154TH AVE NW ACTIV 839.91 1,033.09 1511 155TH AVE NW ACTIV 171.38 210.80 15155 BLUEBIRD ST NW ACTIV 737.11 906.65 15168 YELLOWPINE ST NW ACTIV 900.81 1,108.00 15173 ELDORADO ST NW ACTIV 45.59 56.08 151961VYWOOD ST NW ACTIV 69.57 85.57 15202 7TH AVE N ACTIV 39.17 48.18 15221 ORCHID ST NW ACTIV 27.71 34.08 15230 ELDORADO ST NW ACTIV 23.19 28.52 15255 ROUND LAKE BLVD NW ACTIV 27.37 33.67 15262 SWALLOW ST NW ACTIV 128.21 157.70 15292 WINTERGREEN ST NW ACTIV 385.47 474.13 15295 PARTRIDGE ST NW ACTIV 13.35 16.42 1531155TH AVE NW ACTIV 672.76 827.49 15311 YUKON ST NW ACTIV 343.71 422.76 15333 VERDIN ST NW ACTIV 558.60 687.08 1535 154TH AVE NW ACTIV 60.30 74.17 15356 XEON ST NW ACTIV 731.57 899.83 15392 WINTERGREEN ST NW ACTIV 925.97 1,138.94 15400 WINTERGREEN ST NW INACT 48.95 60.21 15406 XEON ST NW ACTIV 2,478.35 3,048.37 15406 Xeon St NW MISC SRVCS 91.57 112.63 15416 UNITY ST NW ACTIV 351.50 432.35 15419 LINNET ST NW ACTIV 649.79 799.24 15437 UNITY ST NW INACT 85.70 105.41 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 15437 UNITY ST NW INACT 929.28 1,143.01 1544140TH LN NW ACTIV 45.78 56.31 15466 MARTIN ST NW ACTIV 609.14 749.24 15503 AVOCET ST NW ACTIV 847.80 1,042.79 15513 YELLOWPINE ST NW ACTIV 792.63 974.93 15517 ZILLA ST NW ACTIV 535.36 658.49 15522 HUMMINGBIRD ST NW INACT 88.35 108.67 15523 POTAWATOMI ST NW ACTIV 36.49 44.88 15524 LARCH ST NW ACTIV 27.71 34.08 15525 YELLOWPINE ST NW ACTIV 104.88 129.00 15528 JUNIPER ST NW ACTIV 17.79 21.88 1553 148TH AVE NW ACTIV 702.78 864.42 15532 NIGHTENGALE ST NW ACTIV 38.65 47.54 15537 YELLOWPINE ST NW ACTIV 318.23 391.42 15544 EAGLE ST NW ACTIV 694.54 854.28 15548 ROUND LAKE BLVD NW ACTIV 120.11 147.74 15557 ROUND LAKE BLVD NW ACTIV 56.61 69.63 15570 LINNET ST NW #104 ACTIV 55.94 68.81 15570 LINNET ST NW #204 ACTIV 44.53 54.77 15570 LINNET ST NW #209 INACT 29.38 36.14 15575 BLUEBIRD ST NW ACTIV 1,013.99 1,247.21 15578 VALE ST NW INACT 84.82 104.33 15596 EAGLE ST NW ACTIV 224.52 276.16 15631 LINNET ST NW #102 ACTIV 262.17 322.47 15631 LINNET ST NW #110 INACT 76.00 93.48 15633 PRAIRIE RD NW ACTIV 39.17 48.18 15640 SYCAMORE ST NW ACTIV 39.17 48.18 15643 INCA CIRNW ACTIV 27.84 34.24 15658 FOX ST NW ACTIV 39.17 48.18 15710 SYCAMORE ST NW ACTIV 39.17 48.18 15722 DRAKE ST NW ACTIV 364.34 448.14 1574 142ND AVE NW ACTIV 724.04 890.57 15740 KIOWA ST NW ACTIV 39.17 48.18 1576141ST LN NW ACTIV 723.52 889.93 15788 KILLDEER ST NW ACTIV 440.88 542.28 15801 MAKAH ST NW ACTIV 17.92 22.04 15810 VALE ST NW ACTIV 814.63 1,001.99 15817 KILLDEER ST NW ACTIV 352.93 434.10 15820 ROUND LAKE BLVD NW ACTIV 27.04 33.26 15824 XEON ST NW ACTIV 2,822.96 3,472.24 15825 7TH AVE NW ACTIV 913.88 1,124.07 15831 DAKOTAH ST NW ACTIV 36.56 44.97 15831 MARTIN ST NW ACTIV 179.35 220.60 15845 XENIA ST NW ACTIV 17.79 21.88 15850 SYCAMORE ST NW ACTIV 39.17 48.18 15851 ROUND LAKE BLVD NW ACTIV 37.26 45.83 15852 XEON ST NW INACT 210.21 258.56 15852 XEON ST NW INACT 690.94 849.86 15883 NORWAY ST NW ACTIV 328.18 403.66 15884 YELLOWPINE ST NW ACTIV 526.99 648.20 15886 AVOCET ST NW INACT 55.48 68.24 15888 VALE ST NW ACTIV 210.07 258.39 15900 DAKOTA ST NW ACTIV 38.53 47.39 15919 NORWAY ST NW ACTIV 11199.86 1,475.83 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 15920 AVOCET ST NW ACTIV 176.10 216.60 15921 NARCISSUS ST NW ACTIV 39.17 48.18 15921 SWALLOW ST NW ACTIV 75.78 93.21 15924 SYCAMORE ST NW ACTIV 160.46 197.37 15931 VINTAGE ST NW ACTIV 28.21 34.70 15932 OLIVE ST NW ACTIV 17.32 21.30 15934 DRAKE ST NW ACTIV 528.86 650.50 15934 SWALLOW ST NW ACTIV 52.07 64.05 15939 QUINCE ST NW INACT 377.02 463.73 15939 Quince St NW MISC SRVCS 206.87 254.45 15948 XEON ST NW ACTIV 926.87 1,140.05 15955 DRAKE ST NW ACTIV 553.16 680.39 15958 XEON ST NW ACTIV 672.81 827.56 15959 POTAWATOMI ST NW ACTIV 39.17 48.18 15965 VALE ST NW ACTIV 208.61 256.59 15971 YELLOWPINE ST NW ACTIV 754.57 928.12 15974 VALE ST NW ACTIV 89.69 110.32 15978 VALE ST NW ACTIV 566.02 696.20 15982 EAGLE ST NW ACTIV 103.44 127.23 15994 QUINCE ST NW ACTIV 456.45 561.43 15999 XEON ST NW ACTIV 357.22 439.38 16014 QUAPAW ST NW ACTIV 39.17 48.18 16015 QUAPAW ST NW ACTIV 36.56 44.97 16028 QUINN ST NW ACTIV 52.65 64.76 16030 UPLANDER ST NW ACTIV 39.17 48.18 16032 SWALLOW ST NW ACTIV 34.61 42.57 16034 VALE ST NW ACTIV 416.73 512.58 16035 CRANE ST NW ACTIV 97.29 119.67 16040 UNIVERSITY AVE NW ACTIV 27.04 33.26 16041 VINTAGE ST NW ACTIV 17.79 21.88 16069 GOLDENROD ST NW ACTIV 39.17 48.18 16074YELLOWPINE ST NW ACTIV 232.90 286.47 16082 VALE ST NW ACTIV 505.96 622.33 1610181ST AVE NW ACTIV 37.71 46.38 16100 POTAWATOMI ST NW ACTIV 27.31 33.59 16119 VINTAGE ST NW ACTIV 18.22 22.41 16140 POTOWATOMI ST NW ACTIV 27.71 34.08 16159 VALLEY DR NW ACTIV 17.81 21.91 16179 UNITY ST NW ACTIV 11.86 14.59 16185 UNITY ST NW ACTIV 11.86 14.59 16191 CRANE ST NW ACTIV 938.69 1,154.59 16191 UNITY ST NW ACTIV 11.86 14.59 16197 UNITY ST NW ACTIV 11.86 14.59 16200 VALLEY DR NW ACTIV 39.17 48.18 16203 UNITY ST NW ACTIV 11.86 14.59 16209 UNITY ST NW ACTIV 11.86 14.59 16209 VALLEY DR NW ACTIV 13.22 16.26 16215 UNITY ST NW ACTIV 11.86 14.59 16221 UNITY ST NW ACTIV 11.86 14.59 16227 UNITY ST NW ACTIV 11.86 14.59 16234 CROSSTOWN BLVD NW ACTIV 20.51 25.23 16236 TULIP ST NW ACTIV 39.17 48.18 16238 7TH AVE NW ACTIV 37.59 46.24 16245 VALLEY DR NW ACTIV 27.30 33.58 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 16279 CROSSTOWN BLVD NW ACTIV 39.17 48.18 16300 MAKAH ST NW ACTIV 11.91 14.65 16309 WARD LAKE DR ACTIV 37.23 45.79 16315 ROUND LAKE BLVD NW ACTIV 78.34 96.36 16324 CROSSTOWN BLVD NW ACTIV 39.17 48.18 16335 VALLEY DR NW ACTIV 39.17 48.18 16401 ARGON ST NW ACTIV 39.17 48.18 16412 MAKAH ST NW ACTIV 66.82 82.19 16441 WINTERGREEN ST NW ACTIV 346.60 426.32 1645 148TH LN NW ACTIV 303.09 372.80 16463 ROUND LAKE BLVD NW ACTIV 37.88 46.59 16480 YAKIMA ST NW ACTIV 94.98 116.83 16481 UPLANDER ST NW ACTIV 62.25 76.57 16481 YAKIMA ST NW ACTIV 96.20 118.33 16491 ORCHID ST NW ACTIV 101.42 124.75 1653 147TH AVE NW ACTIV 1,345.46 1,654.92 1655 147TH LN NW ACTIV 80.56 99.09 16563 HANSON BLVD NW ACTIV 39.17 48.18 16604 YAKIMA ST NW ACTIV 37.59 46.24 1665 147TH AVE NW ACTIV 70.54 86.76 1665 155TH AVE NW ACTIV 473.13 581.95 16658 WREN CT NW ACTIV 22.85 28.11 16658 ZION ST NW ACTIV 96.55 118.76 1667147TH LN NW ACTIV 622.98 766.27 16714 ARGON ST NW ACTIV 27.71 34.08 16729 CROCUS ST NW ACTIV 95.15 117.03 1674145TH LN NW ACTIV 125.71 154.62 1677 147TH AVE NW ACTIV 357.63 439.88 1684181ST AVE NW ACTIV 39.17 48.18 1685 146TH AVE NW ACTIV 641.39 788.91 16958 VALLEY VIEW DR NW ACTIV 39.17 48.18 16971 PARTRIDGE ST NW ACTIV 101.42 124.75 16990 DOGWOOD ST NW ACTIV 62.25 76.57 17015 QUAY ST NW ACTIV 23.48 28.88 17021 WACO ST NW ACTIV 101.42 124.75 17022 ARGON ST NW ACTIV 25.53 31.40 17025 EIDELWEISS ST NW ACTIV 39.17 48.18 17041 CROCUS ST NW ACTIV 39.17 48.18 17041 PARTRIDGE ST NW ACTIV 101.42 124.75 1708 148TH LN NW ACTIV 359.65 442.37 17103 WARD LAKE DR NW ACTIV 10.08 12.40 17117 AZTEC ST NW ACTIV 39.17 48.18 17127 TULIP ST NW ACTIV 39.17 48.18 17136 ARGON ST NW ACTIV 24.51 30.15 17142 CROSSTOWN BLVD NW ACTIV 39.17 48.18 1715147TH LN NW ACTIV 125.72 154.64 17151 TULIP ST NW ACTIV 39.17 48.18 17170 NAVAJO ST NW ACTIV 37.23 45.79 17182 CROSSTOWN BLVD NW ACTIV 39.17 48.18 17185 NAVAJO ST NW ACTIV 39.17 48.18 17203 TULIP ST NW ACTIV 39.17 48.18 1721146TH AVE NW ACTIV 467.74 575.32 17225 ROUND LAKE BLVD NW ACTIV 39.17 48.18 17226 WOODBINE ST NW ACTIV 39.17 48.18 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 1727 155TH AVE NW ACTIV 744.75 916.04 17280 UPLANDER ST NW ACTIV 36.56 44.97 17308 ROANOKE ST NW ACTIV 39.17 48.18 17322 AZTEC ST NW ACTIV 18.43 22.67 17349 ROANOKE ST NW ACTIV 13.59 16.72 1735 148TH LN NW ACTIV 481.81 592.63 17362 XENIA ST NW ACTIV 39.17 48.18 17371 UPLANDER ST NW ACTIV 39.17 48.18 1747 148TH LN NW ACTIV 633.71 779.46 17500 WARD LAKE DR NW ACTIV 27.04 33.26 17528 FLINTWOOD ST NW ACTIV 39.17 48.18 1755 146TH AVE NW ACTIV 91.31 112.31 17559 QUAY ST NW ACTIV 10.57 13.00 17574 XENIA ST NW ACTIV 71.45 87.88 1759 148TH LN NW ACTIV 69.00 84.87 17641 PARTRIDGE ST NW ACTIV 39.17 48.18 17648 ROUND LAKE BLVD NW ACTIV 39.17 48.18 17649 QUAY ST NW ACTIV 39.17 48.18 17707 WARD LAKE DR NW ACTIV 17.21 21.17 17715 YELLOWPINE ST NW ACTIV 39.17 48.18 17726 ROUND LAKE BLVD NW ACTIV 27.04 33.26 17739 SWALLOW ST NW ACTIV 39.17 48.18 17752 QUAY ST NW ACTIV 39.17 48.18 17800 PALM ST NW ACTIV 39.17 48.18 17801 ZION ST NW ACTIV 39.17 48.18 1781167TH AVE NW ACTIV 39.17 48.18 17817 HANSON BLVD NW ACTIV 36.69 45.13 17845 GLADIOLA ST NW ACTIV 27.71 34.08 17850 THRUSH CI NW ACTIV 27.04 33.26 17920 CROCUS ST NW ACTIV 17.79 21.88 17921 TAMARACK ST NW ACTIV 39.17 48.18 17931 ARROWHEAD ST NW ACTIV 39.17 48.18 17947 BLUEBIRD ST NW ACTIV 39.17 48.18 18001 TAMARACK ST NW ACTIV 39.17 48.18 1801 139TH AVE NW ACTIV 417.20 513.16 18015 ROUND LAKE BLVD NW ACTIV 39.17 48.18 18016 BLUEBIRD ST NW ACTIV 39.17 48.18 18051 PALM ST NW ACTIV 27.30 33.58 1810 139TH AVE NW INACT 177.75 218.63 1814139TH AVE NW INACT 446.66 549.39 1815 139TH AVE NW ACTIV 92.21 113.42 1815 ANDOVER BLVD NW ACTIV 39.17 48.18 1829 139TH AVE NW ACTIV 102.36 125.90 1846 ANDOVER BLVD NW ACTIV 354.62 436.18 1859 135TH AVE NW INACT 62.12 76.41 1872 135TH AVE NW ACTIV 208.69 256.69 1874 134TH LN NW ACTIV 86.86 106.84 1874 155TH LN NW ACTIV 21.17 26.04 1879 135TH AVE NW ACTIV 661.71 813.90 1887 134TH AVE NW ACTIV 201.90 248.34 1893 STATION PKWY NW ACTIV 752.44 925.50 1896 134TH AVE NW INACT 209.77 258.02 1909 135TH AVE NW INACT 77.01 94.72 1916157TH LN NW ACTIV 641.34 788.85 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 1932 135TH AVE NW ACTIV 105.80 130.13 1959 135TH AVE NW ACTIV 593.88 730.47 1979 135TH AVE NW ACTIV 477.17 586.92 1982134TH LN NW ACTIV 844.02 1,038.14 2011142ND LN NW ACTIV 427.34 525.63 2036161ST AVE NW ACTIV 39.17 48.18 2057 157TH LN NW ACTIV 101.42 124.75 2065 139TH AVE NW ACTIV 347.48 427.40 2068 142ND AVE NW ACTIV 640.62 787.96 2082 135TH LN NW ACTIV 355.80 437.63 2091134TH AVE NW INACT 167.74 206.32 2101140TH LN NW ACTIV 595.78 732.81 2111140TH LN NW ACTIV 619.18 761.59 2118 140TH LN NW ACTIV 15.47 19.03 2118140TH LN NW ACTIV 851.84 1,047.76 2121140TH LN NW ACTIV 135.65 166.85 2128141ST AVE NW ACTIV 375.80 462.23 2133 135TH LN NW ACTIV 257.47 316.69 2140 140TH LN NW ACTIV 428.72 527.33 2141140TH LN NW ACTIV 446.37 549.04 2142 141ST LN NW ACTIV 134.87 165.89 2142 141ST LN NW INACT 55.15 67.83 2149 141ST LN NW ACTIV 674.12 829.17 2149161ST AVE NW ACTIV 39.17 48.18 2151140TH LANE NW ACTIV 347.64 427.60 2151159TH LN NW ACTIV 17.16 21.11 216 139TH LN NW ACTIV 741.40 911.92 2161157TH LN NW ACTIV 52.08 64.06 2162 135TH LN NW ACTIV 69.19 85.10 2167141ST AVE NW ACTIV 99.34 122.19 2176141ST AVE NW ACTIV 302.24 371.76 2195140TH LN NW ACTIV 238.08 292.84 2205140TH LN NW ACTIV 323.36 397.73 2209 142ND LN NW ACTIV 521.19 641.06 2210142ND LN NW ACTIV 119.71 147.24 2211159TH LN NW ACTIV 75.78 93.21 2214135TH LN NW ACTIV 615.98 757.66 2215135TH LN NW ACTIV 1,176.00 1,446.48 2215140TH LN NW ACTIV 347.48 427.40 2220142ND LN NW ACTIV 307.17 377.82 2220145TH AVE NW ACTIV 440.60 541.94 2222 VETERANS MEM BLVD NW ACTIV 710.57 874.00 2227161ST ST NW ACTIV 39.17 48.18 2238 158TH AVE NW ACTIV 69.68 85.71 2239 140th Ave NW FALSE ALARM 75.00 92.25 2243142ND LN NW ACTIV 492.29 605.52 2248139TH AVE NW ACTIV 147.16 181.01 2257135TH AVE NW ACTIV 87.80 107.99 2277 S COON CREEK DR NW ACTIV 591.10 727.05 2284- 137th Lane NW MISCSRVCS 309.82 381.08 23 173RD LN NW ACTIV 101.42 124.75 230177TH AVE NW ACTIV 37.23 45.79 2305149TH AVE NW ACTIV 673.78 828.75 2311 VETERANS MEM BLVD NW ACTIV 770.87 948.17 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 2320 S COON CREEK DR NW ACTIV 182.36 224.30 2322 139TH AVE NW ACTIV 328.33 403.85 2344 UPLANDER DR NW ACTIV 39.17 48.18 2346 141ST LN NW ACTIV 345.44 424.89 2347 167TH AVE NW ACTIV 39.17 48.18 2350 177TH LN NW ACTIV 27.30 33.58 2356 S COON CREEK DR NW INACT 178.90 220.05 2367169TH LN NW ACTIV 15:77 19.40 2374163RD LN NW ACTIV 45.59 56.08 2422 136TH LN NW INACT 177.85 218.76 2435 136TH LN NW ACTIV 635.77 782.00 2439 138TH AVE NW ACTIV 593.45 729.94 2450177TH LN NW ACTIV 37.08 45.61 2451 135TH AVE NW ACTIV 99.38 122.24 2451 138TH AVE NW ACTIV 586.55 721.46 2463 135TH AVE NW ACTIV 501.31 616.61 2474135TH AVE NW ACTIV 387.05 476.07 2479 134TH AVE NW ACTIV 128.21 157.70 2493 133RD LN NW ACTIV 501.94 617.39 2509 138TH AVE NW ACTIV 271.70 334.19 2511 BUNKER LAKE BLVD NW ACTIV 585.65 720.35 2515 138TH AVE NW ACTIV 572.73 704.46 2525 138TH AVE NW ACTIV 281.27 345.96 2526138TH AVE NW ACTIV 1,132.61 1,393.11 2530140TH AVE NW INACT 165.64 203.74 2538140TH LN NW INACT 10.24 12.60 2539 134TH AVE NW ACTIV 565.09 695.06 254150TH LN NW ACTIV 39.17 48.18 2556 154TH LN NW ACTIV 260.72 320.69 2557 138TH AVE NW ACTIV 43.15 53.07 2560 140TH AVE NW ACTIV 305.44 375.69 2619 136TH AVE NW ACTIV 97.29 119.67 2619 138TH AVE NW ACTIV 127.65 157.01 2643 139TH LN NW INACT 287.79 353.98 2644 140TH AVE NW ACTIV 212.88 261.84 2646133RD LN NW ACTIV 300.13 369.16 2648174TH LN NW ACTIV 101.42 124.75 2659 139TH LN NW ACTIV 310.87 382.37 2700 139TH LN NW ACTIV 74.99 92.24 2700161ST AVE NW ACTIV 39.17 48.18 2710161ST AVE NW ACTIV 26.79 32.95 2711161ST AVE NW ACTIV 24.28 29.86 2719 140TH AVE NW ACTIV 202.31 248.84 2730 140TH AVE NW INACi 111.33 136.94 2735 138TH AVE NW ACTIV 300.01 369.01 2738140TH LN NW ACHV 310.87 382.37 2754134TH AVE NW ACTIV 310.87 382.37 2772 BUNKER LAKE BLVD NW ACTIV 55.35 68.08 2775 172ND AVE NW ACTIV 27.04 33.26 2813 133RD AVE NW ACTIV 294.03 361.66 2816 135TH CIR NW ACTIV 139.20 171.22 2820168TH LN NW ACTIV 39.17 48.18 2820172ND AVE NW ACTIV 39.17 48.18 2828135TH AVE NW INACT 310.87 382.37 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 2849 142ND LN NW ACTIV 305.44 375.69 2856 BUNKER LAKE BLVD NW ACTIV 310.87 382.37 2875161ST AVE NW ACTIV 27.03 33.25 2934168TH LN NW ACTIV 17.79 21.88 2938 142ND LN NW ACTIV 310.14 381.47 2938170TH LN NW ACTIV 24.69 30.37 2942181ST AVE NW ACTIV 27.14 33.38 295138TH LN NW ACTIV 125.91 154.87 2955 139TH AVE NW ACTIV 673.89 828.88 298 137TH LN NW ACTIV 601.60 739.97 3061164TH LN NW ACTIV 39.17 48.18 31 OLD CONSTANCE BLVD NW ACTIV 27.44 33.75 3104 174TH AVE NW ACTIV 39.17 48.18 3118 162ND LN NW ACTIV 141.09 173.54 3124 135TH AVE NW ACTIV 190.00 233.70 3129 174TH AVE NW ACTIV 39.17 48.18 3146 167TH LN NW ACTIV 39.17 48.18 3149 136TH AVE NW ACTIV 93.68 115.23 3208176TH LN NW ACTIV 27.04 33.26 3211173RD LN NW ACTIV 39.17 48.18 3221138TH AVE NW ACTIV 645.70 794.21 3235176TH LN NW ACTIV 18.31 22.52 3239174TH LN NW ACTIV 39.17 48.18 3253 175TH LN NW ACTIV 27.71 34.08 3296 139TH AVE NW ACTIV 379.60 466.91 3309 173RD LN NW ACTIV 38.14 46.91 3320 170TH LN NW ACTIV 51.67 63.55 3324 S COON CREEK DR NW INACT 75.06 92.32 3348 168TH LN NW ACTIV 96.26 118.40 3352 139TH AVE NW ACTIV 31.26 38.45 3378 156TH AVE NW ACTIV 62.25 76.57 3395 133RD LN NW ACTIV 105.49 129.75 3407 138TH LN NW ACTIV 477.00 586.71 3413 135TH AVE NW ACTIV 310.87 382.37 3418181ST AVE NW ACTIV 17.51 21.54 3421 -138th Lane NW MISC SRVCS 228.17 280.65 3436 142ND AVE NW ACTIV 310.87 382.37 3437 141ST LN NW INACT 373.83 459.81 3438139TH LN NW ACTIV 247.31 304.19 3446 138TH CT NW ACTIV 557.53 685.76 3447 S COON CREEK DR NW ACTIV 607.62 747.37 3450 139TH AVE NW INACT 66.26 81.50 3450 139TH AVE NW INACT 300.48 369.59 3456 138TH LN NW ACTIV 547.09 672.92 3457 167TH LN NW ACHV 70.73 87.00 3458 142ND AVE NW ACTIV 515.90 634.56 3469 138TH CT NW ACTIV 453.59 557.92 3470 138TH CT NW ACTIV 939.57 1,155.67 3470 175TH LN NW ACTIV 17.79 21.88 3477138TH CT NW ACTIV 583.71 717.96 3501135TH LN NW ACTIV 310.87 382.37 3502 136TH AVE NW ACTIV 310.87 382.37 3503 140TH LN NW ACTIV 495.24 609.15 3504139TH LN NW ACTIV 109.42 134.59 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 3508 141ST LN NW ACTIV 310.87 382.37 3511142ND LN NW ACTIV 579.14 712.34 3512 135TH LN NW ACTIV 293.62 361.15 3519 142ND LN NW ACTIV 300.00 369.00 3521135TH LN NW ACTIV 212.88 261.84 3521 136TH AVE NW ACTIV 214.64 264.01 3522 142ND AVE NW ACTIV 139.20 171.22 3527142ND LN NW INACT 73.65 90.59 3531136TH AVE NW ACTIV 310.87 382.37 3535 133RD LN NW ACTIV 48.56 59.73 3542 142ND AVE NW ACTIV 136.56 167.97 3554 134TH AVE NW ACTIV 959.05 1,179.63 3554 134TH AVE NW INACT 113.05 139.05 3558 134TH AVE NW ACTIV 642.34 790.08 3559 144TH AVE NW ACTIV 34.22 42.09 3559 144TH AVE NW INACT 568.50 699.26 3561178TH LN NW ACTIV 39.17 48.18 360177TH AVE NW ACTIV 39.17 48.18 3605 143RD AVE NW ACTIV 302.25 371.77 3616 140TH LN NW ACTIV 473.10 581.91 3616161ST AVE NW ACTIV 17.67 21.73 3627 174TH AVE NW ACTIV 27.44 33.75 3627178TH LN NW ACTIV 101.42 124.75 3628 175TH AVE NW ACTIV 97.90 120.42 3632171ST AVE NW ACTIV 101.42 124.75 3642 141ST LN NW ACTIV 360.19 443.03 3660173RD LN NW ACTIV 23.38 28.76 3665 177TH AVE NW ACTIV 39.34 48.39 3680 153RD LN NW ACTIV 39.17 48.18 3689 138TH LN NW ACTIV 644.24 792.42 3705 174TH AVE NW ACTIV 39.17 48.18 3719 138TH LN NW ACTIV 526.97 648.17 3725 174TH AVE NW ACTIV 39.17 48.18 3731172ND LN NW ACTIV 39.17 48.18 3735 140TH AVE NW ACTIV 321.43 395.36 3735 VALLEY VIEW DR NW ACTIV 27.04 33.26 3740 143RD AVE NW ACTIV 300.15 369.18 375 157TH AVE NW ACTIV 38.53 47.39 375 ANDOVER BLVD NW ACTIV 36.94 45.44 3753 139TH LN NW ACTIV 103.44 127.23 3754 172ND LN NW ACTIV 39.17 48.18 3754174TH AVE NW ACTIV 39.17 48.18 3783 140TH AVE NW ACfIV 749.45 921.82 3789 139TH LN NW ACTIV 43.31 53.27 3809172ND AVE NW ACTIV 39.17 48.18 3810 143RD AVE NW ACTIV 490.53 603.35 3814 174TH AVE NW ACTIV 39.17 48.18 3815 174TH AVE NW ACTIV 27.04 33.26 3818 VALLEY VIEW DR NW ACTIV 39.17 48.18 3831140TH AVE NW ACTIV 631.63 776.90 3844 174TH AVE NW ACTIV 36.56 44.97 3851178TH LN NW ACTIV 17.79 21.88 3855 174TH AVE NW ACTIV 17.92 22.04 3863173RD LN NW ACTIV 27.17 33.42 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 3890 S ENCHANTED DR NW ACTIV 39.17 48.18 3891145TH AVE NW ACTIV 111.64 137.32 3920 ENCHANTED DR NW ACTIV 27.04 33.26 3925 173RD LN NW ACTIV 39.17 48.18 3927 ENCHANTED DR NW ACTIV 15.12 18.60 3931172ND LN NW ACTIV 27.71 34.08 3949 ENCHANTED DR NW ACTIV 27.31 33.59 3952169TH LN NW ACTIV 39.17 48.18 3962 ENCHANTED DR NW ACTIV 37.87 46.58 3963 ENCHANTED DR NW ACTIV 27.30 33.58 3968 ENCHANTED DR NW ACTIV 39.17 48.18 4020 ENCHANTED DR NW ACTIV 27.58 33.92 4039 146TH LN NW ACTIV 563.51 693.12 4061146TH AVE NW ACTIV 643.16 791.09 4122145TH LN NW ACTIV 319.13 392.53 4136 146TH AVE NW ACTIV 701.19 862.46 4148 146TH AVE NW ACTIV 548.63 674.81 4157 145TH AVE NW ACTIV 597.44 734.85 4158 145TH LN NW ACTIV 666.06 819.25 4160146TH AVE NW INACT 31.70 38.99 4191152ND AVE NW ACTIV 39.17 48.18 4224165TH AVE NW ACTIV 28.38 34.91 428 156TH AVE NW ACTIV 39.17 48.18 4283 145TH LN NW ACTIV 27.04 33.26 4311144TH LN NW ACTIV 39.17 48.18 4326 161ST LN NW ACTIV 59.99 73.79 434 155TH AVE NW ACTIV 36.69 45.13 4359 155TH AVE NW ACTIV 37.43 46.04 4360144TH LN NW ACTIV 27.71 34.08 4426149TH LN NW ACTIV 37.61 46.26 445 137TH LN NW ACTIV 823.90 1,013.40 4560147TH LN NW ACTIV 27.04 33.26 4613 161ST LN NW ACTIV 37.59 46.24 4657 -159th Ave NW MISC SRVCS 235.42 289.57 4657 159TH AVE NW ACTIV 39.17 48.18 4726 165TH AVE NW ACTIV 39.17 48.18 4756 162ND LN NW ACTIV 28.38 34.91 4853170TH LN NW ACTIV 58.12 71.49 487 140TH LN NW ACTIV 543.35 668.32 4893171ST AVE NW ACTIV 23.19 28.52 4915171ST AVE NW ACTIV 22.86 28.12 4930 MARYSTONE LN NW ACTIV 39.17 48.18 4954170TH LN NW ACTIV 101.42 124.75 500 155TH AVE NW ACTIV 27.30 33.58 519 139TH LN NW ACTIV 314.42 386.74 536 155TH AVE NW ACTIV 39.17 48.18 541139TH LN NW ACTIV 556.13 684.04 543 140TH AVE NW ACTIV 119.65 147.17 545 CONSTANCE BLVD NW ACTIV 27.31 33.59 577 158TH AVE NW ACTIV 27.71 34.08 600 142ND AVE NW ACTIV 97.15 119.49 673 141ST LN NW INACT 11.71 14.40 702 158TH AVE NW ACTIV 806.67 992.20 733 141ST LN NW ACTIV 571.63 703.10 CITY OF ANDOVER 2015 Delinquent Utility List Pending Amount to be Certified Property Address Status Amount (including 23 %) 745 140TH LN NW ACTIV 39.17 48.18 747141ST AVE NW ACTIV 566.69 697.03 752 140TH LN NW ACTIV 900.62 1,107.76 764 142ND LN NW ACTIV 162.46 199.83 766158TH AVE NW ACTIV 34.05 41.88 767142ND AVE NW ACTIV 367.92 452.54 82 141ST LN NW ACTIV 215.86 265.51 825 140TH LN NW ACTIV 78.73 96.84 861 CROSSTOWN BLVD NW ACTIV 39.17 48.18 862 138TH AVE NW ACTIV 115.74 142.36 881160TH LN NW ACTIV 694.31 854.00 886166TH AVE NW ACTIV 101.42 124.75 90 139TH AVE NW ACTIV 217.91 268.03 914142ND AVE NW AC'fIV 444.65 546.92 925 143RD AVE NW ACTIV 129.86 159.73 934142ND AVE NW ACTIV 607.76 747.54 236,247.67 290,584.81 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND /OR MISCELLANEOUS ABATEMENT FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and /or miscellaneous abatement fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2016 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole amount ,of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 6, 2015. Adopted by the City Council of the City of Andover on this 2nd day of November, 2015. CITY OF ANDOVER ATTEST: Michelle Hartner — Deputy City Clerk Julie Trude, Mayor AND T Y O F5• OVE 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 Councilmembers Jim Dickinson, City Administra David L. Carlberg, Community Stephanie L. Hanson, City Planner sector Public Hearing/Vacation of Easements/ Outlot A, Hickory Meadows — Mark Smith - Planning November 2, 2015 INTRODUCTION Mark Smith is seeking to vacate roadway, drainage and utility easements over, under, and across portions of Outlot A, Hickory Meadows as depicted on the attached easement vacation exhibit. DISCUSSION The existing drainage and utility easement is located on Outlot A, Hickory Meadows. With the platting of Hickory Meadows 2nd Addition, the storm water retention pond configuration changed. The drainage and utility easement over the newly configured storm water retention pond will be dedicated as part of the Hickory Meadows 2nd Addition final plat. The temporary cul -de -sac was originally needed as part of the Catcher's Creek plat. However, the street configuration has changed with the platting of Hickory Meadows 2nd Addition since 143rd Avenue will now connect to Evergreen Street NW. ACTION REQUESTED The Council is asked to hold a public hearing and approve the proposed vacation of easements. Attachments Resolution Easement Vacation Exhibit Location Map RNee ll sub fitted, S L. Hanson City Planner CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF ROADWAY, DRAINAGE AND UTILITY EASEMENTS ON OUTLOT A, HICKORY MEADOWS, LEGALLY DESCRIBED IN EXHIBIT A AND DEPICTED IN EXHIBIT B. WHEREAS, the City of Andover has requested on behalf of Mark Smith to vacate the above described roadway, drainage and utility easements; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the roadway, drainage and utility easements. Adopted by the City Council of the City of Andover on this 2nd day of November, 2015 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. New drainage and utility easements shall be established and dedicated with the recording of the final plat of Hickory Meadows 2nd Addition. ATTEST Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor EXHIBIT A VACATION TO EASEMENTS RECEIVED LEGAL DESCRIPTIONS 0 T 15 2013 MY OF ANDOVER Temporary Cul -De -Sac Easement That part of utlot A, Hickory Meadows, according to the record plat thereof, Anoka County, Minnesota embraced within the circumference of a circle having a 60 foot radius, the center of said circle is a point on the west line of said Outlot A distant 229.26 feet south of the northerly corner of said west line. Ponding Easement That part of Outlot A, Hickory Meadows, according to the record plat thereof, Anoka County, Minnesota described as follows: Beginning at the northerly intersection of the west line of said Outlot A and an arc having a 60 foot radius, the center of said arc is a point on said west line distant 229.26 feet south of the northerly corner of said west line; thence northerly along said west line 229.26 feet to said northerly corner; thence easterly 154.16 feet to the southeast corner of Lot 1, Block 6, said Hickory Meadows; thence southerly 45.07 feet to an angle point in Lot 6, said Block 6; thence southeasterly along the southwesterly line of said tot 6 a distance of 72.41 feet; thence westerly, parallel with the south line of said Lot 1 and its extensions easterly and westerly, a distance of 133.00 feet; thence southwesterly deflecting to the left 36 degrees 00 minutes 00 seconds a distance of 72.78 feet to a line drawn parallel with and distant 10 feet east of said west line of Outlot A; thence southerly along said parallel line 27.26 feet to said arc; thence westerly along said arc 10 feet more or less to the point of beginning. ,1 �0 1� 1 1 I I 1 1 -J L ----j I ! o 4 -O 50.84 3 °37'06 "E o /7d 0 N LO 0 M N EXHIBIT B Locations of Vacation of Easements " V I 1 /I Northerly comer of the I Southeast comer of i oWest line of Outlot A, _ HICKORY MEADOWS Lot 1, Block 8, —_ HICKORY MEADOWS 72.32 1 / I - - - - - -- Fdip R.L.S. No. 18420--' ----- - -- - -- 203 -------------------- foSement . �- - - - -- 1'06 "E - -- I .81 - - - -- =-4- 203 - - -- I 1 1 1 1 \ 1 1'\ !90.64 'I 0 ro N r O Ui rn N. W. a 0 r] 154.16 R =60 / f/ -i I I III I � III J I r �.. Scale 1" = 60' IVEDLUND Location of Easement Vacations Date ,,r,,,~ EM.,Wmi�w •W,£„M Temporary Cul —De —Sac Easement io /ia /2oi3 2003 PIN OAK DRNE MINNESOTA � Ponding Easement FAX 631 405-88M t 9"M co Ovnt - \'Southwesterly ! o Fre of Lot 6, Block 6, / 0 HICKORY M\ ` \ 1 / X —e, - -- � - - - - - 13300 / . u \ 884— ci I ♦ I ` ` _ 1 ITI- T R =60 / f/ -i I I III I � III J I r �.. Scale 1" = 60' IVEDLUND Location of Easement Vacations Date ,,r,,,~ EM.,Wmi�w •W,£„M Temporary Cul —De —Sac Easement io /ia /2oi3 2003 PIN OAK DRNE MINNESOTA � Ponding Easement FAX 631 405-88M t 9"M co Ovnt 14424 1396 L370 a �c a ma 7 _€ 09 L5 % ,57 T-1'421Z ANDOVER BLVD NW 465 4x41 1 wi 5 J8 1'41.45Q 43 14427 HA41'5 14378 448 1431, ► 14191 IMM 41 CR 16 ANDOVEERRlBI%j 3241 4464 1446 9 215 191 144 j 3 1�4 43 4 348 1444+4 14438 1 92 144,33-1 1'4424 2'05 32 {l 6 $ 1439 38a 35 GG 14384 ► S 422 7 14'3 14314 1'436 1436 G 1'4365 14346 33 I-. 14367 37 4 14293 14275 3 4 �— 346 2 1'4220 190 \179 199 209 21'9'^x. 141:90 144 \ 1� +R r 17 l4� 183 V . T Y 0 F DOVE^ � 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: James Dickinson, City Administrator David Carlberg, Community Devel m rirector 1pc�' FROM: Stephanie Hanson, City Planner SUBJECT: Approve Final Plat/Hickory Meadows 2nd Addition— Mark Smith — Planning DATE: November 2, 2015 INTRODUCTION The City Council is asked to approve the final plat for Hickory Meadows 2nd Addition. DISCUSSION The proposed final plat creates ten (10) single family lots. Park Dedication and Trail Fees The developer will be required to pay park dedication and trail fees for the lots at the time building permits are issued. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Attachments Resolution Location map Final Plat Res ectfully ubm' to , Stephanie L. Hanson Cc: Mark Smith, 2170 Otter Lake Drive, Lino Lakes, MN 55110 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RXX A RESOLUTION APPROVING THE FINAL PLAT OF "HICKORY MEADOWS 2ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: OUTLOT A, HICKORY MEADOWS WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Hickory Meadows 2nd Addition"; and WHEREAS, the Developer has presented a final plat of Hickory Meadows 2 n Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hickory Meadows 2nd Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover September 17, 2015. 2. Separate Maintenance Vehicle Access Agreements shall be provided over, under, and across the following lots: the easterly 10 feet of Lot 3, Block 2, the westerly 10 feet of Lot 4, Block 2; the easterly 10 feet of Lot 3, Block 1, which must be approved by the City Attorney and recorded at the County with the final plat. 3. Separate Maintenance Vehicle Access Agreement shall be provided over, under, and across the southeast corner of Lot 1, Block 4, Catcher's Creek, for access to the shared pond between the Catcher's Creek and Hickory Meadows 2nd Addition development which must be approved by the City Attorney and recorded at the County with the final plat. 4. Separate Trail Easement Agreements shall be provided over, under, and across the southerly 100 feet of Lots 1, 2, 3, 4, and 5, Block 2 as measured perpendicular to the south line of said Lots, Anoka County, Minnesota. 5. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payment shall be made prior to the issuance of building permits. 6. Contingent upon the City Attorney review and approval of the Title Commitment. 7. An executed Development Agreement and Assessment Agreement shall be recorded at the County with the final plat. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 2nd day of November, 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Julie Trude, Mayor 0 a N U) O ti c� 0 Y U iii 0 c�a U O J .6o9 ImInPW 1 "1q G 1`11 2'12 w n ANDOVER BLVD NW ;5 441 405381 1'445'0 43 1442 7 1a441�5 408384 75 CIS 16 ANDOV el,� 345 Zt 14 4-64 144-59 215 191 1.4 45 3 1443 4� 348 14444 14438 l 92 H14 433 �.. 1'44 4I 2 Q 5 v 3 11L1.3��. 448 422 1437�G 14 14315 14191 14396 14346 33 H- 14367 37 4 1 1 14293 14275 3'4; 220 �1 268 1 43 93;. 14 14 384 X14383 ;�, 11'4365 GO; 190 1^ tM 219 r l 141 9 Q �-� � 't Al. 0 15S I 17; .- ...iii N. %A1. 06 g 1� 006 %yyti r�20 <".`✓ *Denotes 1/2 inch by 14 Inch Iron pipe ` monument found and marked as shown. O Denotes 1/2 Inch by 14 Inch Iron pipe monument set and marked by License Number 48176. ,./,T:1 589'23'22 "E • r' 90.00 MICKORYAW"Agoirs Drainage and Utility Easements are shown thus: II 5_ 5 o I o -- -L - -J I- -- -- Being 5 feet In width and adjoining lot lines, unless otherwise shown, and 10 feet in width and adjoining street lines unless otherwise shown on the plat. Wetland delineated by Kjolhoug 60 0 60 120 180 Environmental In December, 2004 and July, 2005. For the purposes of this plat Scale in Feet the west line of Outmt A Scale: 1 Inch = 60 Feet HICKORY MEADOWS is assumed to bear N 0019'35' E. 2ND.4DDMON City of Andover County of Anoka Sec. 25, T. 32, R. 24 RECEIVED KNOW ALL PERSONS BY THESE PRESENTS: That Mark R. Smith owner, and Kathleen A. Smith, his wife, of the following described property: Outlet A, HICKORY MEADOWS, Anoka County, Minnesota. Have caused the same to be surveyed and platted as HICKORY MEADOWS 2ND ADDITION and do hereby dedicate to the public for public use the public way and the chain$JI util 2�1 easements as created by this plat. J fr I In witness whereof said Mark R. Smith and Kathleen A. Smith, husband and wife, have hereunto set their hands this_ day of 20_ Mark R. Smith Kathleen A. Smith STATE OF MINNESOTA CITY OF ANDOVE COUNTY OF This Instrument was acknowledged before me this_ day of , 20 by Mark R. Smith and Kathleen A. Smith, husband and wife. Notary Public, County, Minnesota My Commission Expires I Eric B. Lindgren do hereby certify that this plat was prepared by me or under my direct supewislon; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are conectly designated on this plat: that all monuments depicted on this plat have been, or will be correctly set within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20_ Eric B. Lindgren, Licensed Land Surveyor Minnesota License No. 48176 STATE OF MINNESOTA COUNTYOF This instrument was acknowledged before me this day of , 20_ by Eric B. Lindgren. Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, CITY OF ANDOVER MINNESOTA This plat of HICKORY MEADOWS 2ND ADDITION was approved and accepted by the City Council of the City of Andover, Minnesota at a regular meeting thereof held this day of 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL, CITY OF ANDOVER MINNESOTA By: , Mayor By: Clerk ANOKA COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 20 By Larry D. Holum Anoka County Surveyor ANOKA COUNTY AUDITORnREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20_ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of ,20_. Property tax Administrator By , Deputy ANOKA COUNTY RECORDER/REGISTRAR OF TITLES I hereby certily that this plat of HICKORY MEADOWS 2ND ADDITION was filed in the office of the County Recorder/ Registrar of Titles for public record on this day of , 20_,atdcbck M. and wee duly recorded in Book_ Page as Document Number County Recorder /Registrar of Titles By Deputy L A N D F O R M Fmmftto Fmbh • 0 • s 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Councilmembers CC I1010A Jim Dickinson, City Administrator David L. Carlberg, Community De Stephanie L. Hanson, City Planner SUBJECT: Approve Comprehensive Plan Amendment — 13725 Crosstown Drive NW and 260413 8th Avenue NW - Planning DATE: November 2, 2015 INTRODUCTION The City of Andover is requesting a Comprehensive Plan Amendment (CPA) to change the land use designation on two (2) parcels totaling 1.57 acres from URH to NC. The properties are located at the former site of the Stop and Shop, located on the NE corner of Bunker Lake Blvd NW and Crosstown Dr NW. DISCUSSION Consider to Change 1.57 acres of land from URH — Urban Residential High Density to NC — Neighborhood Commercial: The existing properties are owned by the City of Andover (triangle portion) and the Andover Economic Development Authority (old Stop N' Shop location). The attached map shows the location of the properties. The triangle portion has been owned by the City of Andover for numerous years. The old Stop N' Shop property was purchased by the EDA in December 2012, with the intent to continue a commercial use on the property by means of redevelopment. Prior to 2001, the property land use was NC. At some point during the 1998 Comprehensive Plan update, the land use was changed to URH; however, the zoning remained as NB — Neighborhood Business. Amending the land use would allow the continued use of the property as commercial and would ensure consistency between the Comprehensive Plan and Zoning Code. Andover Retail Market Analysis In 2012, a retail market analysis for the City of Andover was completed by the McComb Group, Ltd. The analysis was completed to determine the future demand for commercial land needed in Andover. Andover's commercial /retail areas were analyzed; one of which was Bunker Lake Blvd between Hanson Blvd and Round Lake Blvd, known as Andover's retail hub. According to the research, the Bunker Lake corridor supports an additional 33,000 gross leasable area of professional offices by year 2020. The amended land use change will support the need for additional land to provide retail and professional services to the community. Review Criteria The Comprehensive Plan establishes criteria for review of amendment concerning a proposed -- land use change. — The Planning—a—nd Zoning Commission should consider the amendmentbas it on the following criteria: 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. With the support of the Andover Retail Market Analysis, it is advantageous for the City of Andover to continue to provide the existing and future residents of the community with retail and professional services within the community. The change of the land use will ensure the property will continue as a commercial use and the property will be in compliant with current zoning regulations. The existing zoning designation is NB — Neighborhood Business in which permitted uses include offices, commercial daycare centers, and salons. These are uses that the majority of the business and traffic is generated during day hours with little to no activity in the evenings and weekends. Also, prior to 2001, the land use for this particular parcel was commercial, as are the surrounding lands to the west. During the 1998 Comprehensive Plan Update, the land use changed to Urban Residential High Density. Staff researched the reasoning for the land use change but did not find discussions in the previous meeting minutes for the change. Although the land use changed, the property continued to operate as a commercial use with the Stop N Shop gas station and the zoning remained as Neighborhood Business. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies in the Comprehensive Plan. The land uses on the properties to the west are NC — Neighborhood Commercial and LC — Limited Commercial. The continued commercial use of the property is typical of an intersection located in a main retail /commercial hub. The proposed CPA is compatible with the goals, objectives and policies of the Comprehensive Plan. The Comprehensive Plan lists goals and objectives for the community. One of the goals is to encourage appropriate economic growth and redevelopment. This can be achieved by creating commercial land uses along Bunker Lake Blvd, selecting strategic locations for neighborhood and community commercial sites and establishing design standards for such uses that promote quality site design and compatible land use arrangements. The objectives can be met by maintaining the existing commercial nodes along Bunker Lake Blvd, promoting redevelopment of existing commercial properties, and providing commercial development opportunities. 3. There is capacity of public systems, facilities, and service to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. Traffic generation from the proposed land uses will generally occur during weekday business hours. The existing road system can withstand the proposed traffic demands from neighborhood service oriented business. The number of trips will be less than the past Stop N' Shop gas station. The City of Andover public utilities has capacity for these types of uses. Next Step in CPA Process If the proposed changes are approved by—the City Council, city staff will make the necessary map changes in the Comprehensive Plan. The CPA will then be submitted to the Metropolitan Council for review and approval. Since the CPA land use change is less than 80 acres, the Metropolitan Council will conduct an administrative review. Staff hopes the CPA will be finalized no later than November 30, 2015. Planning and Zoning Commission Recommendation A public hearing was held at the October 27, 2015 Planning and Zoning Commission meeting. For your review the draft meeting minutes are attached. There were no public comments. The Commission recommended approval on a 5 — 0 vote. Staff Recommendation Staff recommends City Council consider the proposed CPA. If approved by the City Council, this amendment will be forwarded to the Metropolitan Council for their approval. The proposed CPA is as follows: To change 1.57 acres of land from URH — Urban Residential High density to NC — Neighborhood Commercial. Attachments Resolution Location Map Proposed Land Use Change Map Current Land Use Map Comprehensive Plan Goals, Policies and Objectives Draft October 27, 2015 P & Z Meeting Minutes Respectfully submitted, Stephanie L. Hanson CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA mileceltad A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE THE FOLLOWING: TO CHANGE 1.57 ACRES FROM URH — URBAN RESIDENTIAL HIGH DENSITY TO NC — NEIGHBORHOOD COMMERICIAL FOR THE PROPERTIES LEGALLY DESCRIBED IN EXHIBIT A AND EXHIBIT B. WHEREAS, The City of Andover has requested to change 1.57 acres from URH — Urban Residential High Density to NC — Neighborhood Commercial, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, the Council finds the conditions have changed since the present land use designation was established such to warrant the proposed amendment, and; WHEREAS, the Council finds the proposed land use is compatible with surrounding land uses and with the goals, objectives and policies in the Comprehensive Plan, and; WHEREAS, the Council finds there is capacity of public systems, facilities, and service to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review and approval by the Metropolitan Council: 1. To change 1.57 acres from URH — Urban Residential High Density to NC — Neighborhood Commercial. Adopted by the City Council of the City of Andover on this _ day of , 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trade, Mayor Exhibit "A" LEGAL DESCRIPTION All that part of the South Half of the Northeast Quarter of Section 33. Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the South line of said South Half of the Northeast quarter distant 1536.00 feet West from the Southeast comer of said South Half of the Northeast quarter; thence North at right angles to said South line a distance of 227.84 feet; thence North 59 degrees 51 minutes 00 seconds West a distance of 240.58 feet; thence South 30 degrees 37 minutes 55 seconds West a distance of 405 22 feet, more or less, to the South line of said South Half of the Northeast Quarter; thence East along said South line a distance of 414.50 feet, more or less, to the point of commencement. EXCEPTING that part of the above described tract lying Westerly of the following line: Beginning at a point on the South line of said South Half of the Northeast Quarter, distant 817.85 feet East from the Southwest corner of said South Half of the Northeast Quarter; thence North, at right angles, a distance of 43.10 feet; thence Northeasterly along a tangential curve concave to the East, having a radius of 716.20 feet and a central angle of 30 degrees 20 minutes 00 seconds a distance of 379.17 feet; thence North 30 degrees 20 minutes 00 seconds East a distance of 100.00 feet and there terminating, according to the United States Government Survey thereof and situate in Anoka County, Minnesota. FURTHER EXCEPT] NG the South 60 feet of the above described property AND All that part of the South Hairof the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 1536.0 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to said South line a distance of 227.84 feet to the actual point of beginning of the tract of land to be hereby described; thence North 59 degrees 51 minutes West a distance of 240.58 feet to the center line of County State Aid Highway No. 18; thence North 30 degrees 37 minutes 55 seconds East along said center line a distance of 1 10.00 feet; thence South 59 degrees 51 minutes East a distance of 302.97 feet to a point on a line drawn at right angles to the South line of said South Half of the Northeast Quarter from a point on said South line distant 1426.0 feet West from the Southeast corner of said South Half of the Northeast Quarter, said point being 291.15 feet North as measured along said right angle line from said South line, thence South 60 degrees 04 minutes 50 seconds West a distance of 126.91 feet to the actual point orbeginning. Except that part of the above described property lying Southeasterly of the following described line: Commencing at the Southeast comer of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, thence West, assumed bearing, along the South line of said South Half of the Northeast Quarter a distance of 1536.00 feet; thence North at right angles to said South line, a distance of 227.84 feet to the point of beginning of said line; thence North 30 degrees 09 minutes 00 seconds East n distance of 109.99 feet to the Northerly line of the above described property and said line there terminating according to the United States Government Survey thereof and situate in Anoka County, Minnesota Exhibit "B' LEGAL DESCRIPTION All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 1536.0 feet West from the Southeast corner of said South Half of the Northeast quarter; thence North at right angles to said South line a distance of 227.84 feet to the actual point of beginning of the tract of land to be hereby described; thence North 59 degrees 51 minutes West a distance of 240.58 feet to the center line of County State Aid Highway No. 18 as shown in Document No. 332891; thence North 30 degrees 37 minutes 55 seconds East along said center line a distance of 110.00 feet; thence South 59 degrees 51 minutes East a distance of 302.97 feet to a point on a line drawn at right angles to the South line of said South Half of the Northeast Quarter from a Point on said South line distant 1426.0 feet West from the Southeast corner of said South Half of the Northeast Quarter, said point being 291.15 feet North as measured along said right angle line from said South line; thence South 60 degrees 04 minutes 50 seconds West -a distance of 126.91 feet to the actual point of beginning. Subject to an easement for road purposes over the Northwesterly 50 feet thereof as measured at right angles to the center line of said County State Aid Highway No. 18. Except that part of the above described property lying Southeasterly of the following described line: Commencing at the Southeast corner of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota; thence West, assumed bearing along the South line of said South Half of the Northeast Quarter a distance of 1536.00 feet; thence North at right angles to said South line, a distance of 227.84 feet to the point of beginning of said line; thence North 30 degrees 09 minutes 00 seconds East a distance of 109.99 feet to the Northerly line of the above described property and said line there terminating. 2 63 3 Lp 1 r 'gr 262 7 "T 77 -j 7 F-44, 14 13.7 C L 13 761 ai ILL-] L-0 r) Liz Pl. r I- I 2 7. 2 @MMME Mm om 136384 1�DbVER` NOWTHEN RAMSEV �\ r r' ANOKA Location of CPA OAK GROVE 1IISTAVE 6 171THWE - O L C `e0 ROUND IAKE I 6d C L 7\ L_c;, I Alm ell m O � t Location of proposed land use change COON RAPIDS J! 1\ t EAST BETHEL I Land Use Change - URH - Urban Residential High — MUSA U..m IANOUSE RR - RurY Ref0en11 URL - UV wRerWWwl tow VRM UN RaYeanlW McJWm _ URN - U. R..d.UW W h TR - RenYlbnY Re.—. LC. UW wW C—. LUMO-L"W commer Mm iumo sq NC- NNpREwnmEC mere �r GC - Gen. C..w +� TC - Tren... Commertlel — 1U -Lgnl Indus W P Pubti = RRR RWW R.m-. - =i os -.... sp.ro TtjAG- AphulWre HAM LAKE 0 ELAINE N z B NDUVER Land Use Change of 1.57 acres from URH - Urban Residential High to NC - Neighborhood Commercial '3a p� TyA�'F O� �O F- y N W 0 y FT 1 it I Legend QLand Use Change LAND USE = URL - Urban Residential Low - URH - Urban Residential High LC - Limited Commercial NC - Neighborhood Commercial OS - Open Space 125 20� yy �o v N 250 BUNKER LAKE BLVD 500 TI_ C AI T Y O F NDOVER y 0� / 00 �O O� h W h K rr Legend OLand Use Change LAND USE URL- Urban Residential Low URH - Urban Residential High LC - Limited Commercial NC - Neighborhood Commercial OS - Open Space � q`F 125 yy �o G a rk y Existing Land Use BUNKER LAKE BLVD 500 Goal 5: Encourage appropriate economic growth and redevelopment Objective: Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties Objective: Create a downtown area by aggregating commercial land uses along Bunker Lake Boulevard between Hanson Boulevard and Crosstown Boulevard Objective: Select strategic locations for neighborhood and community commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements Objective: Prevent the intensification of neighborhood commercial areas that may negatively affect surrounding residential properties Policies: • Maintain the existing commercial nodes along Hanson Boulevard, Bunker Lake Boulevard and Round Lake Boulevard as cohesive, interrelated nodes of commercial activity • Prevent fragmented, uncoordinated and linear commercial development away from these locations • Provide limited opportunities for commercial development in other areas of the city only when demand is demonstrated with a professionally prepared market study • Ensure that new development and redevelopment has a positive impact on the community by providing appropriate transitions and demonstrating compliance with the City Code • Promote redevelopment of existing industrial zones to accommodate industrial development, enhance community appearance and tax base • Allow limited industrial development within Andover Station North when the use, site design, and building architecture are compatible with the existing and planned uses within this commercial center Goal: Protect and develop access for alternative energy systems Objective: Preserve reasonable access to all parcels so that alternative forms of energy can be used to supplement or replace conventional forms of energy Policies: • Encourage and support educational programs and research that focuses on alternative or renewable energy systems such as offered by Metro Cities, University of Minnesota Extension Services, Minnesota Office of Environmental Assistance, Anoka County and other organizations • Encourage the possible use of solar energy in future housing developments ® Encourage future site and building plans to design for efficient use of solar 1. DRAFF PLANNING AND ZONING COMMISSIONMEETING — October 27, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 27, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Bert Koehler IV, Kyle Nemeth, Jeff Sims, and Steve Peterson. Commissioners absent: Commissioners Timothy Cleven and Lynae Gudmundson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OFMINUTESS, October 13, 2015 Worksession Meeting Commissioner Nemeth indicated he had a change on page 2, second paragraph the sentence should read "Mr. Carlberg stated the Commission should discuss where they would want to see these types of structures in the City." October 13, 2015 Regular Meeting Motion by Nemeth, seconded by Koehler, to approve the workshop minutes as amended and the regular minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent ( Cleven, Gudmundson) vote. PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT — CHANGE LAND USE DESIGNATION FROM URBAN RESIDENTIAL HIGH DENSITY TO NEIGHBORHOOD COMMERCIAL — 13 725 CROSSTOWN DRIVE NW AND 2604 138'AVENUE NW City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Comprehensive Plan Amendment to change Land Use Designation from Urban Residential High Density to Neighborhood Commercial. Regular Andover Planning and Zoning Commission Meeting Minutes —October 27, 2015 11* Page 2 �/ City Planner Hanson reviewed the proposed Comprehensive Plan Amendment with the�� Commission. Commissioner Koehler asked what staff's rationale was behind requesting this change. Mr. Carlberg stated the current zoning is Neighborhood Business and that zoning and the use of the land fits in better with the neighborhood commercial land use designation. They feel this is consistent with the current zoning so the zoning can stay in place. Commissioner Sims asked why they want to do this now, what is the urgency for doing this now. Mr. Carlberg stated the property was purchased in December of 2012 by the Economic Development Authority and they currently have a purchase agreement on the property to sell it so an office building can be built on the site. In order for the EDA to proceed with the sale and the construction of the building, they have to change the land use designation from the current Urban Residential High Density designation to a commercial designation. He noted staff was not aware this was not designated as a commercial land use until the sale of the property came up. Commissioner Nemeth asked why this is proposed to be changed to Neighborhood Commercial and not Neighborhood Business. Mr. Carlberg stated Neighborhood Business is a zoning category and Neighborhood Commercial is a land use category. Commissioner Nemeth asked if 2604 was also to be changed. Mr. Carlberg indicated that was correct. Commissioner Peterson asked for clarification on the differences between Neighborhood Business and Neighborhood Commercial. Mr. Carlberg reviewed the differences between the two designations. He stated in this case the uses being proposed for this site fit into the Neighborhood Commercial land use designation and the current Neighborhood Business zoning designation. Commissioner Peterson asked if there is a long term plan for Bunker Lake Boulevard and Crosstown Drive. He felt there was adequate capacity right now but wondered if in the future it could become signalized. Mr. Carlberg stated staff expects that intersection to remain as currently constructed. Commissioner Sims asked what is currently on the two triangle parcels next to the large parcel. Ms. Hanson indicated they are empty. Commissioner Sims asked who owned those properties. Mr. Carlberg stated the City of Andover owns those parcels and there is currently a park with playground equipment on them. He noted these properties were not dedicated as park property. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:16 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Gudmundson) vote. No one wished to address the Commission. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:17 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Gudmundson) vote. Regular Andover Planning and Zoning Commission Meeting O� Minutes —October 27, 2015 Page 3 ^ Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of � the amended resolution, adding Exhibit B. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Gudmundson) vote. City Planner Hanson stated that this item would be before the City Council at the November 2, 2015 City Council meeting. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. He noted the Planning Commission will have a workshop meeting at 6:00 p.m. before the November 10, 2015 7:00 p.m. regular meeting. ADJOURNMENT. Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 7:22 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Gudmundson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. C I T Y O F ,ND OVE r407] 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule November EDA meeting November 2, 2015 ACTION REQUESTED Schedule an EDA meeting, a suggested time is 6:00 pm on November 17, 2015 before a scheduled 7:00 pm City Council meeting. DISCUSSION The Council is requested to schedule an Economic Development Authority (EDA) meeting. Tentative agenda items for an EDA meeting have been identified as follows: 1. Presentation from Presbyterian Homes 2. Purchase Agreement Updates 3. Economic Development Updates 4. Redevelopment Updates 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. submitted, C� ry'�•�`1 .. �NDOVE Y jovmf,�I 'CAL 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report November 2, 2015 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 3. Meeting reminders 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. submitted,