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CC - May 3, 2016
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 3, 2016 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Arbor Month Resident Forum Agenda Approval 1. Approval of Minutes (4/14/16 Special; 4/18/16 Board of Review; 4/19/16 Regular) Consent Items 2. Approve Payment of Claims — Finance . 3. Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements/ - Engineering 4. Approve Hold Harmless & Easement Encroachment Agreement/1432 — 14151 Lane NW- Engineering 5. Accept Drainage and Utility Easement — Country Oaks North — SW Land, LLC — Planning 6. Accept Drainage and Utility Easement — 15847 and 15873 Linnet Street NW — Planning 7. Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2nd Addition — Mark Smith - Planning 8. Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program — Engineering 9. Accept Retirement Streets Maintenance Worker —Administration 10. Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOME Programs — Administration 11. Declare Surplus Equipment—Finance 12. Authorize RFP-Agent/Broker of Record City's Employee Benefits Program -Administration Discussion Items 13. Public Hearing — Vacation of Drainage and Utility Easement — 1189 162nd Ave NW — Anthony Peterson - Planning 14. Public Hearing — Vacation of Vehicle Maintenance Access Easement — Country Oaks North — SW Land, LLC— Planning 15. Consider Classifying Dangerous Dog/2045-142nd Lane —Administration Staff Items 16. Administrator's Report —Administration Mayor/Council Input Adjournment -11 CITY OF ANDOVER PROCLAMATION Arbor Month WHEREAS, the health of the people is tied to the health of their forests; and WHEREAS, trees and forest improve our physical health by cleaning the air, reducing exposure to the sun's UV rays and decreasing temperatures during the summertime; and • WHEREAS, childhood asthmas rates are lower in urban communities that have a higher density of trees; and WHEREAS, trees and forests improve our mental health by reducing stress and increasing concentration; and WHEREAS, in 50 years one tree provides $62,000 worth of air pollution control; and WHEREAS, forest create high-quality drinking water by acting as a natural filter; and WHEREAS, getting a daily dose of trees is healthy for all Minnesotans; and WHEREAS, each year, on the last Friday in April, and throughout the month of May, Minnesotans pay special tribute to rural and community trees and all the natural resources, and dedicate themselves to the continued vitality of our state's forests; and NOW THEREFORE, I, Julie Trude, Mayor of the City of Andover do hereby proclaim the month of May 2016 as Arbor Month in the City of Andover. Julie Trude, Wayor City ofAndover -11 C I T Y O F I NDOVE 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 Administrator FROM: Michelle Hartner, Deputy City Cl( SUBJECT: Approval of Minutes DATE: May 3, 2016 INTRODUCTION The following minutes were provided by Staff and TimeSaver, reviewed by Administration and submitted for City Council approval: April 14, 2016 Special April 18, 2016 Board of Review April 19, 2016 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. l 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 SPECIAL MEETING—APRIL 14, 2016 MINUTES The Special Meeting of the Andover City Council was called to order by Mayor Julie Trude, April 14, 2016, 6:00 p.m., at Kelsey Round Lake Park on the west side near the intersection of 151st Avenue NW and Eldorado Street NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Councilmember absent: None Also present: Assistant Public 5-11 Valerie' Holthus and James Goodrich Angela Marinello, Ted Butler, Director, Todd Haas PLAN PROPOSED TRAIL Mayor Trude-'gave a short update as to what the group will be looking at tonight, which is primarily to look,.at the proposed trail locations on the west side of the park. Mr. Haas also provided some additional information about the trail that has been staked and mowed by the Public Works Department. A handout of the area with the proposed trail route was provided to those that requested one: It was determined by the group to first look at the trail that is proposed to go north from the existing bituminous trail near 151" Avenue. The Mayor, Councilmembers and Park and Recreation Commissioners got an opportunity to listen to the residents as everyone was walking along the grass trail and answer questions that were raised. It was noted near the north end of the trail where the trail made a bend to go east will need to be relocated on a flatter surface since the proposed trail location based on the stake positioning were located on a side slope of a drainage Swale. There was some discussion about the connection through the wooded area where the buckthorn was removed a year ago. Some trees will need to be removed to make the connection to the existing dead end trail in the wooded area that is located further east of the prairie grass 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 Andover City Council Special Meeting Minutes April 14, 2016 Page 2 area. It was noted there are a number of trees where the trail would be constructed through the woods that are either dead or poor condition. The group did breakdown into a couple smaller groups as they moved further east to the existing main north -south trail in the park. There was some discussion about the possible Indian Burial Ground on the east side of the trail and where to go with determination to see if a burial ground exists or not. Moving further south along the trail just north of 149th Avenue there was some discussion about the trail that is identified on the proposed Master Plan that would go east towards the lake where a dock/picnic area is shown. A couple of the residents including a couple of the Park and Recreation Commissioners and Councilmembers indicated interest in exploring a looped trail system back to the north from the dock/picnic area across the existing wetland just south of the potential Indian Burial Ground and then along the east side of the potential Indian Burial site and connect into the existing trail along Round Lake located north of the potential Indian Burial Ground. The group then had an opportunity to walk the grass trail along the north side of the wetland mitigation area and then went back to the point of beginning. Once everyone was back to the point of beginning, there was discussion on the next step. It was determined that the City Council would like to discuss the draft Master Plan further as a workshop item. The workshop would either be in May or June and residents that have already submitted their e-mail to staff will be notified. OTHER TOPICS There were no additional topics. ADJOURNMENT The meeting adjourned at 7:20 p.m. Respectfully submitted, Todd J. Haas, Recording Secretary 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 ANDOVER BOARD OFREVIEW APRILI8, 2016 —MINUTES The Annual Board of Review was called to order by Vice Mayor Mike Knight at 7:00 p.m., Monday, April 18, 2016, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Appointed Board Member: Also Present: Sheri Bukkila, Valerie Holthus Goodrich Mayor Julie Trude Jim Dickinson, City Administral Jason Dagostino, Anoka County John Leone, Anoka County Con Mr. Dickinson read the notice of the I the public meeting had been mailed to No residents were Mr. Dagostino noted it had be residential property values, `re March 166' and 9 phone call when 24 calls were received and uneventful, which is a god This demonstrates that peopl changes in values on Crooke values that are different from sales on Crooked Lake.. Ther low on that, so properties on length transactions, up from.:3 sales with fewer bank and sho ved at 7:11 p.m.), and James noted that official notices of ie Council Chambers. i anuneventful year and that it was the third year of increases in >undI after 6 years of decline. Value notices were sent out on exe received "from residents. This was in contrast to last year id the first year when there were 188 calls. This year was quiet indication, and there was not one call today, prior to the hearing. are aware and that there were no surprises. There were some Lake due to three sales on the lake indicating lower values and ie broader residential market. The City of Coon Rapids had no was one sale of property on the Rum River, and valuations were ie river were valued up a bit. He indicated there were 437 arms arms length transactions last year. There were a lot more good sales. Councilmember Goodrich inquired as to what moved their value. Mr. Dagostino stated the sales were different from stated values. He continued by explaining that values have to be within certain guidelines, generally 93-94% of median. When sales occur, like on Crooked Lake, all like properties on Crooked Lake are adjusted, the same happened with the river property. Mr. Leone described the commercial transactions that had taken place in Andover during the past year. He noted that overall, there were not a lot of sales of commercial properties throughout the 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 Andover Board of Review Meeting Minutes —April 18, 2016 Page 2 County. Mr. Leone advised of property sales along Highway 65 and that Andover Cinema increased almost $400,000 in value. Mr. Leone reported on the following three appeals: • Andover Cinema (PIN # 34-32-24-42-0028) is questioning the increase in value and has the right to appeal to Anoka County. • NorthPoint Plaza (PIN #s 34-32-24-14-0015 & 34-32-24-14-0016) is still in discussion with the right to appeal to Anoka County. • Pizza Ranch (PIN # 34-32-24-14-0010) is working on an agreement with the County Assessor. Councilmember Holthus arrived at 7:11 p.m. Mr. Leone reviewed the sales Pizza Ranch was using as comparables and explained how the County Assessor in evaluating the Pizza Ranch property. There were no further questions. Mr. Dickinson explained why Anoka County is the City's assessor. No appeals were presented. Mr. Dickinson indicated with no other appeals to be heard, Vice Mayor could request a closing of the Board of Review. ADJOURNBOARD OFRETVIEW Motion by Councilmember Holthus, Seconded by Councilmember Goodrich, to close the Board of Review meeting. Motion carried unanimously. The meeting adjourned at 7:17 p.m. Respectfully submitted, Marlene White, TimeSaver Off Site Secretarial, Inc. 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 —APRIL 19, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover City Trude, April 19, 2016, 7:00 p.m., at the Andover C Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: PLEDGE OF MAYOR'S W Mike Knight, Sheri. None City Administrator, Community Develop City Attorney, Scott RESIDENT FOR UM No one wished to address the Council. AGENDA APPROVAL called to order by Mayor Julie 5 Crosstown Boulevard NW, Valerie Holthus and James Goodrich Dave gas created by Andover High School students regarding the erge. It is a program that encourages utilizing different ,ntly Andover is ranked number 1 for cities of its size. ,ram and prizes can be won for those participating. Staff uption to see if the program actually makes a difference knouncement was played that was prepared by the Mayor and fellow Councilmembers to participate in the Motion by Holthus, Seconded by Knight, to approve the Agenda as presented above. Motion carried unanimously. APPROVAL OFMINUTES April 5, 2016, Regular Meeting: Correct as amended. 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 —April 19, 2016 Page 2 Councilmember Holthus requested a correction on page 8, line 13, to edit "sentiment" to the appropriate spelling, "sediment." Motion by Holthus, Seconded by Goodrich, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve 2017 Budget Development Guidelines Item 4 Approve Amendment and Summary to City Code Title 5, Chapter 1, Animal Regulations (See Ordinance 459) Item 5 Approve Amendment and Summary to City Code Title 2, Boards and Commissions (See ordinance 460) Item 6 Approve Twin Cities Property Maintenance, Inc. — 2016 Abatement Contact Item 7 Award Bid/15-38/167`h Ave NW Construction East of Hanson Blvd. NW (See Resolution R039-16) Item 8 Accept Petition/Order & Accept Feasibility Report/Waive Public Hearing/16-29/3160 Bunker Lake Blvd NW/WM (See Resolution R040) Item 9 Approve Therapeutic Massage Therapist License/1883 Station Parkway NW Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Sergeant Derek Schuldt presented the April 2016 Anoka County Sheriff's Department Monthly Report to the City Council. PUBLIC HEARING— VA CA TION OFEASEMENT— COUNTR Y OAKSNOR TH— SWLAND, LLC Mr. Carlberg explained SW Land, LLC, is seeking to vacate drainage and utility easements over, under, and across portions of Lots 1 - 13, Block 2, in Country Oaks North. The original Country Oaks North plat for Lots 1 - 13, Block 2 has the typical utility easements as required in City Code 11-3-4. City Code requires a five (5) foot utility easement along the side, front, and rear lot lines. As part of the grading plan for Country Oaks North 2nd Addition the developer also revised the grading plan for Country Oaks North. The revised grading plan provides storm water ponding for the Country Oaks North 2 Addition. The revised grading plan also changes the type of home to be constructed on the lots from look -outs to walk -outs. The changes meet the Lower Rum River Watershed Management Organization requirements. Mr. Carlberg reviewed the staff report with the Council. Staff recommended the Council hold a public hearing and approve the proposed vacation of 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 —April 19, 2016 Page 3 easements. Motion by Knight, Seconded by Bukkila, to open the public hearing at 7:18 p.m. Motion carried unanimously. There were no residents present that wished to make comment for the public hearing. Motion by Goodrich, Seconded by Bukkila, to close the public hearing at 7:20 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to approve Resolution No. R041-16 approving vacation of easements. Motion carried unanimously. CONSIDER PRELIMINARY PLAT — BOULDER ESTATES — 3 5x 134TH AVENUE NW — BOULDER CONTRACTING, LLC Mr. Carlberg stated the City Council was being asked to consider the preliminary plat for Boulder Estates. The proposed preliminary plat contains three urban residential lots, as proposed by Boulder Contracting, LLC. The 1.26 -acre parcel abuts 134th Avenue NW. The sanitary sewer and water services are already available to each of the lots. Water and sewer stubs were constructed as part of the 1986 street upgrade of 134th Avenue NW. Each of the three (3) lots meet the minimum lot requirements of the R-4 Zoning District. New structures will meet code requirements for required setbacks. There is an existing structure on the site that will need to be removed prior to the issuance of building permits and tree removal will occur in the building pad areas. A permit is not required from the Lower Rum River Watershed Management Organization because the disturbed area of the site is less than one (1) acre. The Park and Recreation Commission reviewed the preliminary plat on April 7, 2016, and made the recommendation to City Council to require a cash dedication in lieu of land. The Planning and Zoning Commission held a public hearing on April 12, 2016. Upon receiving public comment, the Commission recommended approval of the preliminary plat on a 6 - 0 vote. Mr. Carlberg reviewed the staff report with the Council. The City Council is requested to approve the preliminary plat subject to the conditions in the resolution of approval. Councilmember Goodrich asked about the sewer stubs, which are 30 years old. Mr. Carlberg responded that the stubs should be in good condition. Jim Cormier, of Boulder Contracting, stated these homes will likely be first-time home buyer. The homes are planned to have 2-3 bedrooms. He indicated that a lot of interest has already been expressed by potential homebuyers and he expects them to be sold quickly as there is a shortage in the market right now of this type of home. 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—April 19, 2016 Page 4 Mayor Trude stated she believes the homes would be at a good price point, with good amenities in the area, a park nearby, and good access to Highway 10. Mr. Cormier stated the homes would not be dissimilar to homes currently in the neighborhood. They will be split entry homes with three stall garages. Motion by Goodrich, Seconded by Knight, to approve Resolution No. R042-16 approving the preliminary plat of Boulder Estates subject to the conditions in the resolution. Motion carried unanimously. CONSIDER FINAL PLAT — BOULDER ESTATES — 35xx 134THAVENUE NW — BOULDER CONTRACTING, LLC Mr. Carlberg stated it is unusual to have a final plat come forward the same night as the preliminary plat. This is due to the limited size of the plat. Mr. Carlberg briefly reviewed the staff report. Motion by Bukkila, Seconded by Holthus, to approve Resolution No. R043-16 approving the final plat of Boulder Estates with conditions. Motion carried unanimously. SCHED ULE MAY EDA MEETING Mr. Dickinson requested the Council schedule a May EDA Meeting to discuss topics as detailed in the staff report. There will be a 6:00 p.m. dedication/grand opening at Rose Park that same evening that will precede the meeting. The Council discussed the draft agenda and available dates. Motion by Holthus, Seconded by Goodrich, to schedule the Rose Park grand opening at 6:00 p.m. and a EDA Meeting on May 3, 2016, immediately following the Rose Park grand opening. Motion carried unanimously. SCHEDULE MAY COUNCIL WORKSHOP MEETING Mr. Dickinson requested the Council schedule a May Council Workshop Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Motion by Bukkila, Seconded by Holthus, to schedule a May Council Workshop Meeting on May 24, 2016, at 6:00 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes —April 19, 2016 Page 5 1 ADMINISTRATOR'S REPORT 2 3 City Staff updated the Council on the administration and city department activities, legislative 4 updates, updates on development/CIP projects, and meeting reminders/community events. 5 6 (Board of Review) Mr. Dickinson stated the annual Board of Review met the previous night. 7 There were no residents present to speak about their residential property and three commercial 8 property owners are working through the process. 9 10 (Capital Improvement Planning Process) Mr. Dickinson stated the Capital Improvement 11 planning process is starting. The first steps are reviewing maintenance records and determine 12 what the equipment needs are in the next five years. This will be discussed at the next Council 13 workshop meeting along with budget preparation. There will also be preliminary numbers on 14 market value increases for both residential and commercial properties for discussion. 15 16 (Woodland Creek Golf Course) Mr. Dickinson updated the Council on Woodland Creek Golf 17 Course which has been closed since 2008. Since then efforts have been made to try to repurpose 18 the property and now there are plans for wetland restoration and an easement is being finalized. 19 A check has been received from the State for $358,974. The property was originally purchased 20 for $389,000, a portion was sold for development for $130,000. There has been a lot of work 21 since 2008, along with some demolition costs. The excess revenue will be used to maintain the 22 area long-term. 23 24 (New Homes) Mr. Dickinson reported permits have been granted to date for just short of 30 new 25 homes. A few more are currently under review. It is expected that the City will meet projected 26 budgets this year. 27 28 (Commercial Construction) Mr. Carlberg stated developers for the ReMax building received 29 their permit and they will begin moving dirt. This is an exciting development for the City and is 30 a two-story, 13,000 -square foot building. The Shoppes at Andover is going to be a 13,000 square 31 foot retail center. Silt and chain link fencing is now being installed in preparation for demolition 32 to begin within the next week. Also Andover Animal Hospital is still looking at building this 33 summer. 34 35 (Legislative Update) Topics relevant to the City, currently under consideration at the legislature, 36 include hazardous waste pit clean-up and Metropolitan Council governance reform. Mr. 37 Dickinson will continue to monitor activity. The matter of "drop homes" went to committee, but 38 it was not well received and he does not believe it will see a vote this session. Cell towers in 39 right-of-ways are also being reviewed by the legislature. It is anticipated that this issue will come 40 back in a future session as cell phone companies are pushing for an easier process and cities will 41 need to participate with them in order to get their networks improved because the conducting of 42 business depends upon it. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Regular Andover City Council Meeting Minutes—April 19, 2016 Page 6 MAYOR/COUNCIL INPUT (Heart Safe) Mayor Trude stated students at St. Francis High School recently received Heart Safe training from the East Bethel Fire Department. Mayor Trude added that all 9`" graders received training in class at Coon Rapids High School. Hopefully this training will also happen in the future at Andover High School. (QCTV Survey) Mayor Trude highlighted some of the results from the QCTV subscriber survey and directed staff to provide the results to Councilmembers. She noted that one-third of those who watch Channel 16 focus on City Council meetings and that these were strong numbers for the Metro market. Results also showed that many still prefer print media. ADJOURNMENT Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 7:47 p.m. Respectfully submitted, Marlene White, Recording Secretary Regular Andover City Council Meeting Minutes —April 19, 2016 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 19, 2016 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 SPECIAL PRESENTATION Update on National Mayors Water Pledge ...................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve 2017 Budget Development Guidelines.......................................................... 2 Item 4 Approve Amendment and Summary to City Code Title 5, Chapter 1, Animal Regulations(Ord. 459)........................................................................................................ 2 Item 5 Approve Amendment and Summary to City Code Title 2, Boards and Commissions (Ord. 460)............................................................................................................................ 2 Item 6 Approve Twin Cities Property Maintenance, Inc. — 2016 Abatement Contract........... 2 Item 7 Award Bid/15-38/1671h Ave NW Construction East of Hanson Blvd. NW (R039-16) 2 Item 8 Accept Petition/Order & Accept Feasibility Report/Waive Public Hearing/16-29/3160 Bunker Lake Blvd NW/WM (R040-16)............................................................................. 2 Item 9 Approve Therapeutic Massage Therapist License/1883 Station Parkway NW............ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 PUBLIC HEARING — VACATION OF EASEMENT — COUNTRY OAKS NORTH — SW LAND, LLC(R041-16)..............................................................................................................2 CONSIDER PRELIMINARY PLAT — BOULDER ESTATES — 35xx 134TH AVENUE NW — BOULDER CONTRACTING, LLC(R042-16)......................................................................... 3 CONSIDER FINAL PLAT — BOULDER ESTATES — 35xx 134TH AVENUE NW — BOULDER CONTRACTING, LLC (R043-16)............................................................................................ 4 SCHEDULEMAY EDA MEETING............................................................................................. 4 SCHEDULE MAY COUNCIL WORKSHOP MEETING............................................................ 4 ADMINISTRATOR'S REPORT.................................................................................................... 5 (Board of Review)....................................................................................................................... 5 (Capital Improvement Planning Process)................................................................................... 5 (Woodland Creek Golf Course).................................................................................................. 5 (New Homes).............................................................................................................................. 5 (Commercial Construction)........................................................................................................ 5 (Legislative Update).................................................................................................................... 5 MAYOR/COUNCIL INPUT.......................................................................................................... 6 (Heart Safe)................................................................................................................................. 6 (QCTV Survey)...........................................................................................................................6 ADJOURNMENT........................................................................................................................... 6 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 FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: May 3, 2016 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $78,887.59 on disbursement edit lists #1 - 2 from 04/22/16 to 04/29/16 have been issued and released. Claims totaling $181,509.92 on disbursement edit list #3 dated 05/03/16 will be issued and released upon approval. BUDGETIMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and proj ects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $260,397.51. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Y. `� � Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor W�D �%User: aheppellQ KR Printed: 04/22/2016 - 9:44AM Batch: 00422.04.2016 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AFLAC AFLAC Check Sequence: 1 ACH Enabled: False 662089 March 2016 Premium 338.16 04/22/2016 0101-00000-21209 Check Total: 338.16 Vendor: Aircon Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 10817-2016-1 Prairie Knoll Pk- Repaired Light 161.20 04/22/2016 0101-45000-63100 10818-2016-1 Prairie Knoll Pk - Repaired LED 252.58 04/22/2016 0101-45000-63100 Check Total: 413.78 Vendor: CDW CDW Government, Inc. Check Sequence: 3 ACH Enabled: False CNZ7069 Stock - Adhesive Labels Red 11.36 04/22/2016 0101-41420-61005 Check Total: 11.36 Vendor: ClassC Class C Components Inc. Check Sequence: 4 ACH Enabled: False 196104 Misc Cleaning Supplies 135.28 04/22/2016 0101-41980-61025 196104 Misc Cleaning Supplies 135.29 04/22/2016 0101-41970-61025 Check Total: 270.57 Vendor: CocaCola Coca-Cola Refreshment USA, Inc Check Sequence: 5 ACH Enabled: False 0198218624 Resale Items for Sunshine Consessions 1,103.64 04/22/2016 0101-41975-61245 Check Total: 1,103.64 Vendor: Cottens Cotten', Inc Check Sequence: 6 ACH Enabled: False 191711 Misc Supplies 93.30 04/22/2016 6100-48800-61020 192125 Misc Stock- Unit #T-554 61.08 04/22/2016 6100-48800-61115 Check Total: 154.38 Vendor: CrowRive Crow River Farm Equipment Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) page 1 Invoice No Description Amount Payment Date Acct Number Reference 177558 Misc Supplies 753.15 04/22/2016 0101-41930-61120 , 177609 Mise Supplies 93.66 04/22/2016 0101-41930-61120 177808 Mise Supplies 122.20 04/22/2016 0101-41930-61120 Check Total: 969.01 Vendor: CutEdge Cutters Edge Check Sequence: 8 ACH Enabled: False 040716-2 16"Bullet Chain/Sharpening 36.35 04/22/2016 0101-42200-61020 Check Total: 36.35 Vendor: ECM ECM Publishers, Inc. Check Sequence: 9 ACH Enabled: False 333812 Board of Review 59.13 04/22/2016 0101-41400-63025 334137 Monthly Recycling Program 260.00 04/22/2016 0101-46000-63025 Check Total: 319.13 Vendor: FaegreJa Jackie Faegre Check Sequence: 10 ACH Enabled: False Pickleball Pickleball Ratings Clinic 93.75 04/22/2016 2130-44400-63005 Check Total: 93.75 Vendor: FMAM Fire Marshals Assoc of MN Check Sequence: 11 ACH Enabled: False FMAM2016 Membership Ren. - Robbie Bartholomew _ 40.00 04/22/2016 0101-42200-61320 Check Total: 40.00 Vendor: Fiattalo I�ratlallonc's Hardware Sto Check Sequence: 12 ACH Enabled: False 025914/J Supplies- Vacuum Breaker 21.87 04/22/2016 6100-48800-61020 025960/J Battery Alk 9V 4 Wide 44.91 04/22/2016 0101-45000-61020 025972/J Cap Hose Brass 4.99 04/22/2016 0101-42200-61205 Check Total: 71.77 Vendor: FreedFen Freedom Fence Inc. Check Sequence: 13 ACH Enabled: False 14519 Fence Repair -ASN 150.00 04/22/2016 0101-45000-63100 Check Total: 150.00 Vendor: G&K G&K Services Inc Check Sequence: 14 ACH Enabled: False 1182652270 Uniform Cleaning 134.88 04/22/2016 0101-43100-61020 1182652270 Uniform Cleaning 19.27 04/22/2016 0101-43300-61020 1182652270 UnifomnCleaning 57.80 04/22/2016 0101-45000-61020 1182652270 Uniform Cleaning 19.28 04/22/2016 5100-48100-61005 1182652270 Uniform Cleaning 38.52 04/22/2016 5200-48200-61005 AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 1182652270 Uniform Cleaning 19.25 - 04/22/2016 6100-48800-61020 Check Total: 289.00 Vendor: GovConn GovConnection, Inc. Check Sequence: 15 ACH Enabled: False 53636462 24" Wide LCD Black (3) 323.58 04/22/2016 0101-41420-61225 53668932 24" Wide LCD Black (2) - 215.72 04/22/2016 0101-41420-61225 Check Total: 539.30 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 16 ACH Enabled: False 201607 Electrical Inspections 2,045.25 04/22/2016 0101-42300-63005 Check Total: 2,045.25 Vendor: Hawkins2 Hawkins Inc Check Sequence: 17 ACH Enabled: False 3865817 Chemicals for WTP 5,803.45 04/22/2016 5100-48100-61040 Check Total: 5,803.45 Vendor: HomComrr HOM Commercial Flooring Check Sequence: 18 ACH Enabled: False 87-3435 New Carpet/Install - CC 4,414.25 04/22/2016 2130-44000-63105 Check Total: 4,414.25 Vendor: JimmyJoh Jimmy's Johnnys, Inc. Check Sequence: 19 ACII Enabled: False 100359 40'Storage Container 350.00 04/22/2016 0101-45000-63010 Check Total: 350.00 Vendor: LRRWMO LRRWMO Check Sequence: 20 ACH Enabled: False Permit Fees Timber Trails Park Recon 800.00 04/22/2016 4150-49300-63005 Check Total: 800.00 Vendor: Menards Menards Check Sequence: 21 ACH Enabled: False 13343 6" Dial Caliper 19.88 04/22/2016 0101-41930-61205 13842 Graco Spray Gun 115.00 04/22/2016 0101-41930-61205 14423 Misc Supplies 16.98 04/22/2016 0101-43100-61020 14549 Handle Double Bit As 19.96 04/22/2016 0101-42200-61205 14813 Misc. Supplies 205.26 04/22/2016 0101-45000-61105 Check Total: 377.08 Vendor: MNAutoFi Minnesota Automatic Fire Alarm Assoc. Check Sequence: 22 ACH Enabled: False AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 4 Roberta Bartholomew- Registration 822.00 04/22/2016 0101-42200-61315 Check Total: 822.00 Vendor: Minutema Minuteman Press Check Sequence: 23 ACH Enabled: False 976139 Bus. Cards - Bldg Dept Staff 73.98 04/22/2016 0101-42300-61020 Check Total: 73.98 Vendor: MTIDist MTI Distributing Inc Check Sequence: 24 ACH Enabled: False 1056756-00 Terrace Pk Irrig & Water Srvc 6,909.69 04/22/2016 4150-49300-61130 Check Total: 6,909.69 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 25 ACH Enabled: False 3253-187594 Misc Supplies 7.98 04/22/2016 6100-48800-61020 Check Total: 7.98 Vendor: OftDepot Office Depot Check Sequence: 26 ACH Enabled: False 833136225001 CH Office Depot Supplies 3.76 04/22/2016 0101-41600-61005 833136225001 CH Office Depot Supplies 6.27 04/22/2016 0101-42300-61005 833136225001 CH Office Depot Supplies 1.25 04/22/2016 0101-41300-61005 833136225001 CH Office Depot Supplies 2.51 04/22/2016 0101-41400-61005 833136225001 CH Office Depot Supplies 2.51 04/22/2016 0101-41230-61005 833136225001 C1I Office Depot Supplies 3.76 04/22/2016 0101-41200-61005 833136225001 CH Office Depot Supplies 5.02 04/22/2016 0101-41500-61005 833136225001 Building Dept Supplies 26.08 04/22/2016 0101-42300-61005 833136225001 Misc Supplies 638.21 04/22/2016 0101-41420-61005 833136225001 Misc Supplies 13.48 04/22/2016 0101-46000-61005 833136225001 Misc Supplies 19.18 04/22/2016 0101-41310-61005 Check Total: 722.03 Vendor: OlsonPau Paul Olson Check Sequence: 27 ACH Enabled: False Pickleball Pickleball Ratings Clinic 93.75 04/22/2016 2130-44400-63005 Check Total: 93.75 Vendor: OxySveCo Oxygen Service Company Check Sequence: 28 ACH Enabled: False 07964841 Misc. Tools 253.00 04/22/2016 0101-41930-61205 Check Total: 253.00 Vendor: PrimPlu Print Plus Inc. Check Sequence: 29 ACH Enabled: False AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 1391A Annual Septic Pumping Postcards 206.04 04/22/2016 0101-42300-61010 Check Total: 206.04 Vendor: RECSPO Recreation, Sports & Play Check Sequence: 30 ACH Enabled: False Double First Base, Tetherball/Rope 614.00 04/22/2016 0101-45000-61020 Check Total: 614.00 Vendor: RMRServi RMR Services LLC Check Sequence: 31 ACH Enabled: False 2016-098 January 2016 Meter Readings 2,830.37 04/22/2016 5100-48100-63010 2016-099 February 2016 Meter Readings 1,569.55 04/22/2016 5100-48100-63010 2016-100 March 2016 Meter Readings 1,577.07 04/22/2016 5100-48100-63010 Check Total: 5,976.99 Vendor: SchollML Michael & Lisa Scholl Check Sequence: 32 ACH Enabled: False 2015-02823 Partial Refund -2015-02823 60.00 04/22/2016 0101-42300-52225 Check Total: 60.00 Vendor: SpeeJohn John Speer Check Sequence: 33 ACH Enabled: False Refund Pickleball Ratings Clinic Refund 15.00 04/22/2016 2130-44400-55521 Check Total: 15.00 Vendor: SunLifeF Sun Life Financial Check Sequence: 34 ACH Enabled: False 238450 FF Life 35.72 04/22/2016 0101-42200-60330 238450 ER Life & AD&D/EE Opt Life 1,688.75 04/22/2016 '0101-00000-21205 238450 Retiree Life 3.80 04/22/2016 7100-00000-21218 238450 Long -Term 769.80 04/22/2016 0101-00000-21216 238450 Short -Term 277.67 04/22/2016 0101-00000-21217 Check Total: 2,775.74 Vendor: SupSolut Supply Solutions LLC Check Sequence: 35 ACH Enabled: False 9467 Mise Cleaning Supplies 175.23 04/22/2016 0101-41930-61025 Check Total: 175.23 Vendor: Timesave Timesaver Check Sequence: 36 ACH Enabled: False M22036 City Council Mtg 213.30 04/22/2016 0101-41100-63005 M22036 Park & Ree Mtg 169.50 04/22/2016 0101-45000-63005 AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 6 Check Total: 382.80 Vendor: TCFlag Twin Cities Flag Source, Inc Check Sequence: 37 ACH Enabled: False 29168 Yellow Pennants 191.20 04/22/2016 0101-45000-61105 Check Total: 191.20 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 38 ACH Enabled: False 302236369 Ricoh Copier Lease 153.28 04/22/2016 0101-42200-62200 302236369 Ricoh Copier Lease 148.30 04/22/2016 2130-44000-62200 302236369 Ricoh Copier Lease 162.39 04/22/2016 0101-42300.62200 302236369 Ricoh Copier Lease 258.39 04/22/2016 0101-41420-62200 Check Total 722.36 Vendor: USABlue USA Blue Book Check Sequence: 39 ACH Enabled: False 918295 Vision Class 3 Jacket & Pants 111.81 04/22/2016 0101-45000-61020 Check Total: 111.81 Vendor: WestStrE West Star Electric Check Sequence: 40 ACI -1 Enabled: False 2016-00560 Electrical Permit Refund 150.00 04/22/2016 0101-42300-52225 2016-00560 Electrical Pennit Refund 1.00 04/22/2016 0101-00000-23201 Check Total: 151.00 Vendor: WilmerAs Witmer Public Safety Group, Inc. Check Sequence: 41 ACH Enabled: False E1457863 Fire Dept. Uniforms 568.66 04/22/2016 0101-42200-61305 Check Total: 568.66 Vendor: Wunderli Wunderlich-Malec Engineering Check Sequence: 42 ACH Enabled: False 48771 Sunshine Pk Scoreboard Repla 1,485.00 04/22/2016 4150-49300-63005 Check Total: 1,485.00 Vendor: YMCAAnc YMCA of Metro Mpls - Andover Check Sequence: 43 ACH Enabled: False 00025570 Aquatic Fees - 4/8/16 Lock -in Event 122.00 04/22/2016 2130-00000-24201 Check Total: 122.00 Vendor: Ziegler Ziegler, Inc. Check Sequence: 44 ACH Enabled: False E8643935 April 2016 Maintenance Contract 553.72 04/22/2016 5100-48100-62300 E8861328 04/16 Maint.Contract for LS#1 & LS#4 742.95 04/22/2016 5200-48200-63100 AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference E8888428 April 2016 Maintenance Contract Check Total: Total for Check Run: Total of Number of Checks: 62.03 04/22/2016 5100-48100-62300 1,358.70 42,389.19 44 AP -Computer Check Proof List by Vendor (04/22/2016 - 9:44 AM) Page 7 Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 04/28/2016 - 3:28PM Batch: 00425.04.2016 Invoice No Description Amount Payment Date Acct Number TY a �&VNDOV�%* Reference Vendor: AnkCo03 Anoka Cc Check Sequence: I ACH Enabled: False Notary Fee - Marypat Nugent 20.00 04/29/2016 0101-41300-61320 Check Total: 20.00 Vendor: AnkCol9 Anoka Co CDBG Check Sequence: 2 ACH Enabled: False Final Payment Shane Lyke - Final Payment 968.83 04/29/2016 2120-46500-58100 Check Total: 968.83 Vendor: AnkCo04 Anoka Co Central Communication Check Sequence: 3 ACH Enabled: False 2016045 Motorola SMART Battery 57.00 04/29/2016 0101-42200-61020 Check Total: 57.00 Vendor: AspenMil Aspen Mills Check Sequence: 4 ACH Enabled: False 180109 Fire Dept Uniforms 229.60 04/29/2016 0101-42200-61305 180257 Fire Dept Uniforms 191.80 04/29/2016 0101-42200-61305 Check Total: 421.40 Vendor: BjorkCom Bjorklund Companies LLC Check Sequence: 5 ACH Enabled: False 22729 Class Gravel 302.50 04/29/2016 0101-43100-63300 22810 Black Dirt 248.00 04/29/2016 0101-43100-63300 22811 Black Dirt 101.50 04/29/2016 0101-43100-63300 Check Total: 652.00 Vendor: BlackweD Danielle Blackwell Check Sequence: 6 ACH Enabled: False Refund Pro -rated Refund for Massage Therapy License -31.15 04/29/2016 0101-41300-52125 Refund Pro -rated Refund for Massage Therapy License 175.00 04/29/2016 0101-41300-52125 Check Total: 143.85 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: BlainBro Blaine Brothers Truckaline Check Sequence: 7 ACH Enabled: False 0104144791 Ride -on LED Smart Cap 288.00 04/29/2016 6100-48800-61115 Check Total: 288.00 Vendor: Boyerl Boyer Truck Parts Check Sequence: 8 ACH Enabled: False 1050031 supplies- Unit#99 112.61 04/29/2016 6100-48800-61115 1050716 Indicator- Unit#503 31.97 04/29/2016 6100-48800-61115 1050838 supplies - Unit #99 1.20 04/29/2016 6100-48800-61020 Check Total: 145.78 Vendor: CCPIND CCP Industries Inc Check Sequence: 9 ACH Enabled: False IN01671065 Misc Supplies 215.70 04/29/2016 6100-48800-61020 Check Total: 215.70 Vendor: CenLink CenturyLink Check Sequence: 10 ACH Enabled: False 763-754-6713 Subway @ Community Center 56.62 04/29/2016 2130-44100-62030 Check Total: 56.62 Vendor: ClassC Class C Components Inc. Check Sequence: I I ACI I Enabled: False 195607 Misc Supplies- CC 830.61 04/29/2016 2130-44000-61020 Check Total: 830.61 Vendor: Colonial Colonial Life & Accident Check Sequence: 12 ACH Enabled: False 7156706-0501534 May 2016 Premium -E7156706 9.60 04/29/2016 7100-00000-21218 7156706-0501534 May 2016 Premium -E7156706 219.01 04/29/2016 0101-00000-21210 Check Total: 228.61 Vendor: Cottens Cotten', Inc Check Sequence: 13 ACH Enabled: False 192212 Alarm - Supplies 59.98 04/29/2016 6100-48800-61115 192711 Misc Supplies 14.64 04/29/2016 6100-48800-61020 193651 Misc. Supplies 110.33 04/29/2016 6100-48800-61020 193709 Credit - Inv#193651 -12.98 04/29/2016 6100-48800-61020 Check Total: 171.97 Vendor: Cushman Cushman Motor Company, Inc Check Sequence: 14 ACH Enabled: False 167941 Pump Kit- Unit#547 .308.23 04/29/2016 6100-48800-61115 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 3 Check Total: 308.23 Vendor: Dalco Dalco Check Sequence: 15 ACH Enabled: False 3012745 Mise Supplies- CC 162.26 04/29/2016 2130-44000-61020 Check Total: 162.26 Vendor: DehnOil Dohn Oil Company Check Sequence: 16 ACH Enabled: False 47831 Unleaded Fuel 1,268.38 04/29/2016 6100-48800-61045 47832 Diesel Fuel 2,250.00 04/29/2016 6100-48800-61050 Check Total: 3,518.38 Vendor: ECM ECM Publishers, Inc. Check Sequence: 17 ACH Enabled: False 336541 Ordinance No. 457 91.38 04/29/2016 0101-42300-63025 Check Total: 91.38 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 18 ACH Enabled: False 6-1440889 Alternator- Unit #4810 122.97 04/29/2016 6100-48800-61115 Check Total: 122.97 Vendor: Ferrellg Ferrellgas Check Sequence: 19 ACH Enabled: False 1091785979 Propane 80.60 04/29/2016 6100-48800-61020 Check Total: 80.60 Vendor: Frattalo Frattallone's Hardware Sto Check Sequence: 20 ACH Enabled: False 025979/7 Fasteners 6.60 04/29/2016 0101-41930-61105 025980/) Fuel Butane Ronson - Supplies 9.58 04/29/2016 6100-48800-61020 026035/7 Keys Double Cut 5.98 04/29/2016 6100-48800-61020 Check Total: 22.16 Vendor: G&K G&K Services Inc Check Sequence: 21 ACH Enabled: False 1182663699 Uniform Cleaning 19.35 04/29/2016 6100-48800-61020 1182663699 Uniform Cleaning 38.72 04/29/2016 5200-48200-61005 1182663699 Uniform Cleaning 135.58 04/29/2016 0101-43100-61020 1182663699 Uniform Cleaning 19.37 04/29/2016 0101-43300-61020 1182663699 Uniform Cleaning 58.10 04/29/2016 0101-45000-61020 1182663699 Uniform Cleaning 19.38 04/29/2016 5100-48100-61005 1182663700 Floor Mat Rentals 54.70 04/29/2016 0101-41930-62200 1182663701 Floor Mat Rentals- CH 33.60 04/29/2016 0101-41910-62200 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 1182663702 Floor Mat Rentals - WTP 108.78 04/29/2016 5100-48100-62200 Check Total: 487.58 Vendor: GaryCarl Gary Carlson Equipment Check Sequence: 22 ACH Enabled: False 01-26469-0 Supplies- Unit#114 201.19 04/29/2016 6100-48800-61115 Check Total: 201.19 Vendor: GovConn GovConnection, Inc. Check Sequence: 23 ACH Enabled: False 53680805 Office Equip.Upgrade- Engineering 657.28 04/29/2016 0101-41420-61210 Check Total: 657.28 Vendor: HachCo Hach Company Check Sequence: 24 ACH Enabled: False 9875155 Bnch Svc- DR2800 Spec 409.00 04/29/2016 5100-48100-63010 Check Total: 409.00 Vendor: HydraPlu Hydraulics Plus & Consulting Check Sequence: 25 ACH Enabled: False 7393 Labor for Unit#1258901 75.00 04/29/2016 6100-48800-63135 7393 Supplies for Unit#1258901 25.48 04/29/2016 6100-48800-61115 Check Total: 100.48 Vendor: ISTATE I -State Truck Center Check Sequence: 26 ACH Enabled: False 14176 kit/relay sery (5-1 D) 98.36 04/29/2016 6100-48800-61115 22757 Sensor O/F- Unit #4884 85.16 04/29/2016 6100-48800-61115 Check Total: 183.52 Vendor: LegShiel Legal Shield Check Sequence: 27 ACH Enabled: False 0031833 May 2016 Premiums 108.65 04/29/2016 0101-00000-21219 Check Total: 108.65 Vendor: Menards Menards Check Sequence: 28 ACH Enabled: False 14279 Adhesive, melamine 103.88 04/29/2016 0101-41930-61120 14541 Hose Clamp, Hex Washer 16.67 04/29/2016 2110-46500-61105 Check Total: 120.55 Vendor: MetCounE Metropolitan Council Environmental Services Check Sequence: 29 ACH Enabled: False 0001054078 2016 Industrial Discharge Permit Fee - WTP 425.00 04/29/2016 5100-48100-63050 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 5 Check Total: 425.00 Vendor: MNEquipn Minnesota Equipment Check Sequence: 30 ACH Enabled: False P45368 Misc Supplies 292.68 04/29/2016 6100-48800-61115 P62120 Supplies- Unit#576 404.69 04/29/2016 6100-48800-61115 Check Total: 697.37 Vendor: MnForest MN State Forest Nursery Check Sequence: 31 ACH Enabled: False 20160140 Shipping for Tree order 33.00 04/29/2016 0101-46000-61405 Check Total: 33.00 Vendor: MuniciPa Munici-Pals Check Sequence: 32 ACH Enabled: False 2016 Spring WS 2016 Spring Workshop 60.00 04/29/2016 2130-44000-61315 2016 Spring WS 2016 Spring Workshop 60.00 04/29/2016 0101-41230-61315 Check Total: 120.00 Vendor: NorthChe Northland Chemical Corp Check Sequence: 33 ACH Enabled: False 5060940 Magic Hand Cleaner- Supplies 201.28 04/29/2016 6100-48800-61020 Check Total: 201.28 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 34 ACH Enabled: False 3253-187937 Stock Supplies 38.33 04/29/2016 6100-48800-61115 3253-188021 Battery - Unil #98 31.99 04/29/2016 6100-48800-61115 3253-188179 Wheel Paint - Unit #8 13.98 04/29/2016 6100-48800-61115 3253-189405 Muffler Clamp - Supplies 16.08 04/29/2016 6100-48800-61115 3253-189426 Wiper Blade (2)- Unit#9814 15.60 04/29/2016 6100-48800-61020 3253-189499 Credit- Battery -10.00 04/29/2016 6100-48800-61115 3253-190435 Misc. Supplies 58.56 04/29/2016 6100-48800-61115 3253-190618 Part for Unit #78 14.07 04/29/2016 6100-48800-61115 Check Total: 178.61 Vendor: OxySvcCo Oxygen Service Company Check Sequence: 35 ACH Enabled: False 07965974 Misc. Supplies 29.65 04/29/2016 6100-48800-61020 07967926 Misc. Supplies 73.83 04/29/2016 6100-48800-61020 07969842 Misc. Tools 100.00 04/29/2016 0101-41930-61205 Check Total: 203.48 -- Vendor: RDOEquip RDO Equipment Check Sequence: 36 ACH Enabled: False AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference P0SS20 Part for Unit#124 26.36 04/29/2016 6100-48800-61115 Check Total: 26.36 Vendor: TurleyR Ron Turley Associates, Inc. Check Sequence: 37 ACH Enabled: False 46384 Annual Maintenance & Upgrades 1,350.00 04/29/2016 6100-48800-63010 Check Total: 1,350.00 Vendor: StCroixR St. Croix Recreation Funplaygrounds Check Sequence: 38 ACH Enabled: False 18810 Diggers (2) - Forest Meadows Pk & Sophies Pk 1,502.36 04/29/2016 4150-49300-61020 Check Total: 1,502.36 Vendor: SteveTre Steve's Quality Tree Service Check Sequence: 39 ACH Enabled: False 17205 Aztec St -1 Oak 350.00 04/29/2016 0101-43100-63010 Check Total: 350.00 Vendor: TahoSpl Taho Sportswear, Inc. Check Sequence: 40 ACH Enabled: False 16TF0277 Hockey Jerseys/Screenprint 2,436.00 04/29/2016 2130-44300-61020 Check Total: 2,436.00 Vendor: TheWatso The Watson Co., Inc. Check Sequence: 41 ACH Enabled: False 863075 Sunshine Pk Concessions 3,505.81 04/29/2016 0101-41975-61245 Check Total: 3,505.81 Vendor: Verizon Verizon Wireless Check Sequence: 42 ACH Enabled: False 9763694146 Monthly Cell Phone Service 628.67 04/29/2016 0101-41600-62030 9763694146 Monthly Cell Phone Service 59.41 04/29/2016 0101-41400-62030 9763694146 Monthly Cell Phone Service 191.77 04/29/2016 0101-42200-62030 9763694146 Monthly Cell Phone Service 330.65 04/29/2016 0101-41420-62030 9763694146 Monthly Cell Phone Service 315.47 04/29/2016 0101-45000-62030 9763694146 Monthly Cell Phone Service 117.03 04/29/2016 5200-48200-62030 9763694146 Monthly Cell Phone Service 74.02 04/29/2016 0101-43300-62030 9763694146 Monthly Cell Phone Service 293.47 04/29/2016 0101-43100-62030 9763694146 Monthly Cell Phone Service 160.66 04/29/2016 6100-48800-62030 9763694146 Monthly Cell Phone Service 249.28 04/29/2016 5100-48100-62030 9763694146 Monthly Cell Phone Service 295.64 04/29/2016 0101-41200-62030 9763694146 Monthly Cell Phone Service 138.82 04/29/2016 0101-42300-62030 9763694146 Monthly Cell Phone Service 164.75 04/29/2016 2130-44000-62030 9763694146 Monthly Cell Phone Service 324.65 04/29/2016 0101-41500-62030 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 3,344.29 Vendor: WellsFar Wells Fargo Bank Check Sequence: 43 ACH Enabled: False 2016 LMC Conf: J Trude 425.00 04/29/2016 0101-41100-61315 Misc Supplies 160.45 04/29/2016 6100-48800-61115 Holiday Inn3/14-3/18 & Meals 612.56 04/29/2016 6100-48800-61310 Fuel 71.50 04/29/2016 6100-48800-61045 License for Unit #4828 21.26 04/29/2016 6100-48800-61415 USA Blue Book 111.81 04/29/2016 0101-45000-61020 Misc. Supplies 24.07 04/29/2016 0101-45000-61020 Rentals - Sand Blaster 242.29 04/29/2016 0101-45000-62200 Parts for Units #4899-1, #08108, #179 378.98 04/29/2016 6100-48800-61115 Misc Supplies 629.80 04/29/2016 0101-45000-61020 Misc Supplies 182.10 04/29/2016 0101-41930-61020 Misc Supplies 235.68 04/29/2016 5100-48100-61020 Mise Supplies 483.00 04/29/2016 2130-44400-61020 Mise Supplies 46.80 04/29/2016 2130-44000-61020 Mise Supplies 179.61 04/29/2016 2130-44300-61020 Parts for Unit#92 & #611 107.10 04/29/2016 6100-48800-61115 Holiday Inn -3/14-3/18 432.40 04/29/2016 6100-48800-61310 Fuel 39.10 04/29/2016 6100-48800-61045 2016 APA MN Spring Seminar _ 83.10 04/29/2016 0101-41500-61315 Traffic Cone Rack, Grinder, Grind Stand 447.47 04/29/2016 0101-43100-61205 MNIAAI Membership Renewal 26.05 04/29/2016 0101-42200-61320 Misc. Tools 57.38 04/29/2016 0101-42200-61205 Holiday Inn -3/22-3/25 286.38 04/29/2016 0101-42200-61310 Fairview 134.00 04/29/2016 0101-42200-63010 Expressway Suites 3/14-3/16 187.74 04/29/2016 0101-43100-61310 Expressway Suites 3/14-3/16 187.74 04/29/2016 0101-41600-61310 Mise Supplies 80.46 04/29/2016 0101 -41600 -61005 - Vending Machine Supplies 27.46 04/29/2016 7100-00000-24208 Cell Phone Holsters (3) 160.79 04/29/2016 0101-41420-61225 Earthband Lunch 15.33 04/29/2016 0101-41420-61310 Fee for Mower Sale 795.98 04/29/2016 4180-49300-58155 (3) HP Desktop ComputerProDesk600 1,379.97 04/29/2016 0101-41420-61210 Council WK Meal 118.61 04/29/2016 0101-41100-61310 Vending Machine Supplies 36.84 04/29/2016 7100-00000-24208 Staff Meeting Rolls 35.04 04/29/2016 0101-41200-61310 Misc. Supplies 26.92 04/29/2016 0101-41230-61005 Community Center Ads 563.76 04/29/2016 0101-41975-63025 Standup Desk 495.00 04/29/2016 6200-48900-61005 NFPA Online Subscription Dues 1,305.00 04/29/2016 0101-42200-61320 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Holiday Inn 3/23-3/25 404.32 04/29/2016 0101-42200-61310 Check Total: 11,238.85 Vendor: Wendells Wendells Check Sequence: 44 ACH Enabled: False 2072034 Self Inking Stamp -Black 29.04 04/29/2016 0101-41230-61005 Check Total: 29.04 Vendor: ZahlPet Zahl-Petroleum Maintenance Check Sequence: 45 ACH Enabled: False 0216315 -IN Misc.. Stock Supplies 82.35 04/29/2016 6100-48800-61115 Check Total: 82.35 Total for Check Run: 36,498.40 Total of Number of Checks: 45 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:28 PM) Page 8 Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 04/28/2016 - 3:45PM Batch: 00427.04.2016 *�3 9 CIT'f OF kNDQ1f9R* Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo10 Anoka Co Highway Vendor: CMTDiver CMT Diversified Janitorial Svc Check Sequence: 1 ACH Enabled: False SP002-716-012 Rosella Sonsteby Prop fka 07-11 29,876.58 05/03/2016 4120-49300-63010 SP002-716-012 Bunker LB Trail(CSAH 9 -138th) 122,786.85 05/03/2016 4140-49300-63010 SP002-716-012 BLB WM Ext- Blackftto 140th 15,272.32 05/03/2016 4110-49300-63010 SP002-716-012 Bunker Lk Blvd Recon -26,174.83 05/03/2016 4140-49300-63010 Check Total: Vendor: MunEmerg Municipal Emergency Services, Inc. IN1021195 POSI-3 Check Unit & USB Interface Kit Check Total: Vendor: CMTDiver CMT Diversified Janitorial Svc 2982 5/2016 Monthly Cleaning Service 2982 5/2016 Monthly Cleaning. Service 2982 5/2016 Monthly Cleaning Service 150425891 Check Total: Vendor: FamPromi Family of Promise in Anoka County 150425891 2016 Services to Community Check Total: Vendor: MunEmerg Municipal Emergency Services, Inc. IN1021195 POSI-3 Check Unit & USB Interface Kit 141,760.92 Check Sequence: 2 1,248.75 05/03/2016 0101-41930-63010 708.75 05/03/2016 0101-41920-63010 1,417.50 05/03/2016 0101-41910-63010 3,375.00 Check Sequence: 3 3,000.00 05/03/2016 2320-41400-63005 3,000.00 Check Sequence: 4 I5,174.00. 05/03/2016 4213-49300-65600 15,174.00 ACH Enabled: False ACH Enabled: False ACH Enabled: False Check Total: Vendor: RedpathC Redpath and Company 150425891 12/31/2015 Audit 150425891 12/31/2015 Audit 150425891 12/31/2015 Audit 150425891 12/31/2015 Audit 150425891 12/31/2015 Audit 150425891 12/31/2015 Audit 141,760.92 Check Sequence: 2 1,248.75 05/03/2016 0101-41930-63010 708.75 05/03/2016 0101-41920-63010 1,417.50 05/03/2016 0101-41910-63010 3,375.00 Check Sequence: 3 3,000.00 05/03/2016 2320-41400-63005 3,000.00 Check Sequence: 4 I5,174.00. 05/03/2016 4213-49300-65600 15,174.00 ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/28/2016 - 3:45 PM) Page 1 Check Sequence: 5 ACH Enabled: False 2,886.00 05/03/2016 5100-48100-63005 2,886.00 05/03/2016 5200-48200-63005 871.00 05/03/2016 5300-48300-63005 882.00 05/03/2016 2110-46500-63005 381.00 05/03/2016 2220-41600-63005 10,294.00 05/03/2016 0101-41400-63005 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:45 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 18,200.00 Total for Check Run: 181,509.92 Total of Number of Checks: 5 AP -Computer Check Proof List by Vendor (04/28/2016 - 3:45 PM) Page 2 NLID5 60 VVE9 C� Y A C I T Y 0 F r N� �} 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 Publ' s/City Engineer�3 FROM: Jason Law, Assistant City Engin r SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/16-13, Crosstown Boulevard NW Trail Improvements - Engineering DATE: May 3, 2016 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 16-13, Crosstown Boulevard NW Trail Improvements. DISCUSSION The Crosstown Boulevard trail from the Coon Creek Bridge to South Coon Creek Drive has been identified in the City's Capital Improvement for construction the past several years. The improvement would consist of constructing an 8 foot wide bituminous trail along the west side of the road as identified on the attached location map. The engineer's construction estimate approximately $175,000. Permanent trail easements have been acquired from several parcels along the alignment to construct the trail. BUDGETIMPACT The improvement cost would be funded by the City's Trail Fund. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 16-13, Crosstown Boulevard NW Trail Improvements. fil4spectfAlly submitted, ason Law P E Attachments: Resolution, Project Location Map: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 16-13, CROSSTOWN BOULEVARD NW TRAIL IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 087-15 , adopted by the City Council on the 20th day of October , 2015 , the Director of Public Works/City Engineer has prepared final plans and specifications for Project No. 15-38 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of May 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 9:00 a.m. I June 1, 2016 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3`d day of May 2016 , 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 9LN6bVF,'R*Capital Improvement Plan (2016) Project Name: TRAIL IMPROVEMENTS CROSSTOWN BOULEVARD TRAIL- WEST SIDE L E G E N D 43 Project Location 0 Lots/Parcels Park Water Right of Way City Limits Document Path: H:\Gisdata\Engineedng\PmjectsICIP-2015.mxd 0 too 200 300 Feet C I T Y NDO 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members aF� CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engine ire for of Public Works 0 SUBJECT: Approve Hold Harmless & Easement Encroachment Agreement/1432 —141St Lane NW - Engineering DATE: May, 3, 2016 INTRODUCTION The City Council is requested to approve the attached Hold Harmless & Easement Encroachment Agreement for 1432 —141St Lane NW. DISCUSSION The property owners, Stephan and Dorothy Falck at 1432 —141St Lane NW would like to add a gazebo to their existing deck as identified on the attached Hold Harmless & Encroachment Agreement. To do so the posts of the gazebo would need to be constructed within the drainage and utility easement. The distance from the right-of-way to the drainage and utility easement line is less than 90 feet. Today's requirements are to have 110 feet from right-of-way to any easement which would allow enough room for such an improvement. Staff recommends approval knowing that the only impact to the easement is the posts, therefore limiting the amount of impact to the storm water system. BUDGETIMPACT The applicant has paid the fee for a Hold Harmless & Easement Encroachment Agreement as identified in the City's Fee Schedule. ACTION REQUIRED The City Council is requested to approve the attached Hold Harmless & Easement Encroachment Agreement for 1432 — 141St Lane NW. Respectfully submitted, David D. Berkowitz Attachments: Hold Harmless & Easement Encroachment Agreement cc: Stephen & Dorothy Falick, 1432 — 141St Lane NW, Andover HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 3rd day of May, 2016, by and between Stephen Falck and Dorothy Falck, married couple and as joint tenants (collectively referred to herein as "Grantor"), and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, The Grantor is the fee owner of 1432 141 st Lane NW (PIN 22 32 24 33 0049; Lot 3 Block 2, Jonathan Woods), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, Grantor desires to install a gazebo (hereinafter "improvements") in which the posts will encroach into said drainage and utility easement (see Exhibit A); WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said improvements assuming certain conditions are met; WHEREAS, Grantor is aware the area is for drainage and utility purposes and acknowledges that access, maintenance, repair and/or replacement may be required in said easement resulting in removal of the improvements; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Grantor hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of the Grantor or their successors in interest constructing and maintaining said improvements upon the utility easement of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easement if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easement. The City may require evidence of insurance from the Grantor to cover the indemnification required herein. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of May 2016. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) CITY OF ANDOVER, a Municipal Corporation By: Its: Deputy City Clerk By: Its: Mayor Stephen F Ick Dor by Falck On this day of May 2016, before me, a notary public within and for said county, personally appeared for Michelle Hartner and Julie Trude to me known to be respectively the Deputy City Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this c I day of April 2016, before me, a notary public within and for said county, personal) appeared for Stephen Falck and Dorothy Falck. N=WtHEAL�LELHARMTNER PubNc C "'s0� 3.224 Nota Public This instrument was drafted by: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. G:\DATA\STAFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT.doc HOUSE STAKING / SITE PLAN FOR: JAMES PATSCH CONSTRUCTION LEGAL DESCRIPTION: LOT 3, BLOCK 2, JONATHAN WOODS, ANOKA COUNTY, MINNESOTA NOME FOR: LEGEND 1 Pdnules wood hub set 996.5 - Denotes proposed elevation NORTH U Denotes iron pipe set •9se.5 - Denotes proposed elevation 0 so • '- Denotes iron pipe found varying from development plan Denotes direction of flow 96fi.s - As built elevation x ser Denotes existing elevation SCALE IN FEET APPROVED STAMPED SURVEy AIU5i BE ON ��� SITE FLOOR SHALL BE MINIMUM 18FF ABOVE STREET GRADE FQ1 FOO71MG � � � � ��• MAXIMUMING SLIOPE OF 10 PERCENT.ITH 141ST LANE NW a. 689.6 x A=19944 00 O 889.1 �() �1 R=210.00 S 10.19 L-72.33 X6'6 669.0 x 869.4 BENCHMARK - 5 TOP OF IRON - 4.b -883.0 W , EL.EV 888.6% FEET Side Garage 883.0 800.] House rXisrma 8 0. rIOUSF v o - - 89111 � 5 e6n efl81. m ply,"� JI w � u ri(I N4C8s LOT 4 16l ee+++fff C B6 - `�"�677.1 G -L se,bo w to co 87fi.t IV tet• 0 O 679.9 al o cd t' In Into t1 190.8 N 23.6 b 0 GARAGE 686.2 U, loop y 14,33 IS.SS o. HOUSE w DRAINAGE AND UTILITY EASEMENT PER PLAT (TYP) 887.5 891.2 x 890.6 11. BH6.0 EXISTING 684,2 HOUSE 886.0 x 10 aB6.s x - r 876.4 1 � ! 1 DRAINAGE AND UTILITY ,EASEMENT PER PLAT 679.6 x 890.1 LOT 2 ,x N ! fl) !1 O C\2 ,6 :S In C\2 O O W 679. In I I 871. % \ I 1 jf e8 092g1.� WET AND N s Approved for Zoning TUM �8 I y DATE £ OF WETLAND DEVELOPMENT PLAN PROPOSED AS BUUI.T VARIANCE House I ylte - 4.b -883.0 W , ITsmt I I„nr 11ev. Side Garage 883.0 Gor u,l.• I I . 1,F I l e•.�- House - t0 Intry I Inui I lay. �1 - - _ op o' ' (1-41 ion - - 89111 Walk out I Iev.-•-___- 883.0----� 883.0 --._.._.. _...._.._.__._.... Look -out F.lev. __-._ - .__ 886.5 9 SETBACKS REQUIRED PROVIDED VARIANCE Front - 35 35.5 Side Garage - 6 6.0 House - t0 11.0 Rear - _ - As built information shot By on: I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that Planners I am a duty Registered land Surveyor unser the laws En&eers of the t7ol Pinnesoto. Surteyom ArchnIogists � () /) 7200 E 5769 etoloct We, Suite 981), Viple Grote, lflaneeoia 5-5562 / Beg. No, `f y Data r(--[ l Telephone: (612H24-5585 Fac (612)424-5822 PROJECT NUMBER 98614 REVIEWED FOR CONFORMANCE WITH APPROVED PLANS 1 further terlify that the proposed building floor elevoth and the proposed site elevations shown on this survey 1 In accordance with the grading plans approved by thl city engineer for this subdivision, unless noted as a variance above. By P.E., Reg. No. .� A W k i C I T Y WI • F 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 David L. Carlberg, Community Develo ent Director FROM: Stephanie L. Hanson, City Planner 0 SUBJECT: Accept Dedication of Drainage and Utility Easements/ Country Oaks North — SW Land, LLC - Planning DATE: May 3, 2016 DISCUSSION The developer for Country Oaks North plat revised the grading plan to allow for additional storm water storage on Lots 1- 12, Block 2. On April 19, 2016, City Council held a public hearing and vacated the old drainage and utility easements. The conveyance of the new drainage and utility easements complies with the updated grading plan. The Engineering Department reviewed and approved the changes to the grading plan and the proposed drainage and utility easements. ACTION REQUIRED The City Council is requested to approve the dedication of the drainage and utility easements as described in the attached conveyance documents. Attachments Location Map Conveyance of Permanent Drainage and Utility Easement Respectfull Su tted, Stephanie L. Hanson City Planner Cc: SW Land LLC, 4065 Chelsea Rd W, Monticello, MN 55362 AI�OVER Location Map Date Created: April 28, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. z 0 z 3 0 > m 0 z a 3 riq z a = z 0 z a x z 0 zz 0 z a R � Si AVE NW 161ST AVE NW 161STAVE NW 161ST AVE NW C4 _0 16151 AVE NW 1615i AVE N\'! 3 z 0 z 0 z L:a n'V N:: - A-U� 0 Date Created: April 28, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. PERMANENT DRAINAGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENT, for valuable consideration, S.W. Land, LLC, a Minnesota limited liability company ("Grantor"), hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation ("Grantee"), a permanent easement for drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: An permanent easement for drainage and utility purposes over, under and across that part of Lots 1 through 12, Block 2, COUNTRY OAKS NORTH lying northerly of the following described line: Commencing at the northwest corner of said Lot l; thence South 00 degrees 12 minutes 52 seconds West, assumed bearing, along the West line of said Lot 1, a distance of 59.38 feet to the point of beginning; thence North 61 degrees 46 minutes 10 seconds East 54.52 feet; thence South 88 degrees 30 minutes 25 seconds East 332.04 feet; thence South 81 degrees 57 minutes 16 seconds East 247.66 feet; thence North 84 degrees 51 minutes 55 seconds East 226.90 feet; thence North 86 degrees 53 minutes, 50 seconds East, 133.63 feet to a point on the East line of said Lot 12, distant 23.39 feet southerly of the NE corner thereof. Said easement is further described and identified on Easement Exhibit A attached hereto and made a part hereof. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary, and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easements. Grantor covenants that it is the owner of the easement area and has the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2016. S.W. LAND, LLC Shawn Weinand Its: Chief Manager Total Consideration: State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2016, by Shawn Weinand, Chief Manager of S.W. Land, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2016, the above described easement in this document. Dated: .2016. CITY OF ANDOVER By: THIS INSTRUMENT WAS DRAFTED BY: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: 763-427-8877 ".0 C. NwcowlER Lon KIlk/ 4/` nr- ^r q / A -✓uno Ivry I / h VI DRN.AGE&1i 'It ME OF CMI,ny CMS N,g, __ In IM EI5EMEM %l N. WE OF THE ON eP THE SE Ip BEC. II, IMT. M. ROE 21w NEOOnNan=12 4 I I 5 iii 8 III 7 a `I'jpl 19 III 10 III 11 111lo 2 II /\nI 1KIT /\A \Jnr\KI/l r\—3TI�� I vV VIVIr\I .: INVi -lLJL 'L J12 II II -jL RI I — I� R ii 167TW,— AVENUEI. NW 1 R PLATTED EASEMENT VACATION I_ Proposed Legal Description for Vacation Purposes Any and all portions of drainage and utility easements across Lots 1 through 12, Block 2, COUNTRY OAKS NORTH, as dedicated on the recorded plat thereof, tying northerly of the following described line: Commencing at the northwest corner of said Lot t; thence South 00 degrees 12 minutes 52 seconds West, assumed bearing, along the West line of sold Lot 1, a distance of 59.3B feet to the point of beginning; thence North 61 degrees 46 minutes 10 seconds East 54.52 feet; thence South 08 degrees 30 minutes 25 seconds East 332.04 test; thence Sdulh 81 degrees 57 minutes 16 seconds East 247.66 lees; thence North 84 degrees 51 minutes 55 seconds East 226.90 feet; thence North 86 degrees 53 minutes, 50 seconds East, 133.63 feet to a point on the East line of said Lot 12, distant 23.39 feet southerly of the NE comer thereof. together with that portion of the tlralnage and utility easements across that part of the south 10.00 feet of the north 20.00 feet tying West of the easterly 5 feet and lying East o1 the westerly 5 feet of Lot 13, Block 2 as dedicated on said COUNTRY OAKS NORTH. PROPOSED NEW EASEMENT Proposed Legal Description for Drainage and Utility Easement UnURY EASEMEM n i i r 10.00 RESERVED a a rte -10.000.0 I Z i 5.00 RESERVED C0 13 I a W a W R '0 _ LU R Z a a An easement for drainage and utility purposes over, under and across that pan of Lots 1 through 12, Block 2. COUNTRY OAKS NORTH lying northerly of the following described line: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 12 minutes 52 seconds West, assumed bearing, along the West line of said Lot 1, a distance of 59.38 last to the point of beginning; thence North 61 degrees 46 minutes 10 seconds East 54.52 feet; thence South 88 degrees 30 minutes 25 seconds East 332.04 feet; thence South 81 degrees 57 minutes 16 seconds East 247.66 feet; thence North 84 degrees 51 minutes 55 seconds East 226.90 feet; thence North 86 degrees 53 minutes, 50 seconds East, 133.63 feet to a point on the East line of said Lot 12, distant 23.39 feet southerly of the NE corner thereof. OUT -CT A 1 Proposed NOW Easement Easement to be Vacated X GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 Inch a too feet AM&" ENGINEERING SURVEYING ENVIRONMENTAL PLANNING VICINITY MAP i Sec. 11, Twp. 32 N„ Rge. 24 W., elh PNnclpal Malden NNT.B _/ COUNTRY OAKS NORTH 3 IDCR'110N Si Andover, MN ellen gg Easement Exhibit 4 • sn I vvlu cNo.,.,v, ayl{YA na1n1„ °g v,•,,, vynveo•Nw. { I,Iueer mm2rrlurnm r1AN oRReroRrsu rnaueo exvvon } M'D[RWp1pOLT{NAWION Yp 0.00PHS.ON.LLfVAVCYpp Y11p® y T,C UiIOYTXe SrnlC01 e MIMMaOTn ,aft 3.:rytcl:;r vvv{i.ruwcn vev Ai'iaa{Nwn2A IVN Dlu�rl Rr rneoxoer oiM oac 4 DnrR alol2crR • 02042018 2013-018.1 y; BHaeT NU' Me`� % 1 OF 1 u J00 1 D iu 14 se `Wle '� II € � 9 �!JJJJ_ >w R R 1 R aB 2B 4 I I 5 iii 8 III 7 a `I'jpl 19 III 10 III 11 111lo 2 II /\nI 1KIT /\A \Jnr\KI/l r\—3TI�� I vV VIVIr\I .: INVi -lLJL 'L J12 II II -jL RI I — I� R ii 167TW,— AVENUEI. NW 1 R PLATTED EASEMENT VACATION I_ Proposed Legal Description for Vacation Purposes Any and all portions of drainage and utility easements across Lots 1 through 12, Block 2, COUNTRY OAKS NORTH, as dedicated on the recorded plat thereof, tying northerly of the following described line: Commencing at the northwest corner of said Lot t; thence South 00 degrees 12 minutes 52 seconds West, assumed bearing, along the West line of sold Lot 1, a distance of 59.3B feet to the point of beginning; thence North 61 degrees 46 minutes 10 seconds East 54.52 feet; thence South 08 degrees 30 minutes 25 seconds East 332.04 test; thence Sdulh 81 degrees 57 minutes 16 seconds East 247.66 lees; thence North 84 degrees 51 minutes 55 seconds East 226.90 feet; thence North 86 degrees 53 minutes, 50 seconds East, 133.63 feet to a point on the East line of said Lot 12, distant 23.39 feet southerly of the NE comer thereof. together with that portion of the tlralnage and utility easements across that part of the south 10.00 feet of the north 20.00 feet tying West of the easterly 5 feet and lying East o1 the westerly 5 feet of Lot 13, Block 2 as dedicated on said COUNTRY OAKS NORTH. PROPOSED NEW EASEMENT Proposed Legal Description for Drainage and Utility Easement UnURY EASEMEM n i i r 10.00 RESERVED a a rte -10.000.0 I Z i 5.00 RESERVED C0 13 I a W a W R '0 _ LU R Z a a An easement for drainage and utility purposes over, under and across that pan of Lots 1 through 12, Block 2. COUNTRY OAKS NORTH lying northerly of the following described line: Commencing at the northwest corner of said Lot 1; thence South 00 degrees 12 minutes 52 seconds West, assumed bearing, along the West line of said Lot 1, a distance of 59.38 last to the point of beginning; thence North 61 degrees 46 minutes 10 seconds East 54.52 feet; thence South 88 degrees 30 minutes 25 seconds East 332.04 feet; thence South 81 degrees 57 minutes 16 seconds East 247.66 feet; thence North 84 degrees 51 minutes 55 seconds East 226.90 feet; thence North 86 degrees 53 minutes, 50 seconds East, 133.63 feet to a point on the East line of said Lot 12, distant 23.39 feet southerly of the NE corner thereof. OUT -CT A 1 Proposed NOW Easement Easement to be Vacated X GRAPHIC SCALE 100 0 50 100 ( IN FEET ) 1 Inch a too feet AM&" ENGINEERING SURVEYING ENVIRONMENTAL PLANNING VICINITY MAP i Sec. 11, Twp. 32 N„ Rge. 24 W., elh PNnclpal Malden NNT.B _/ COUNTRY OAKS NORTH 3 IDCR'110N Si Andover, MN ellen gg Easement Exhibit 4 • sn I vvlu cNo.,.,v, ayl{YA na1n1„ °g v,•,,, vynveo•Nw. { I,Iueer mm2rrlurnm r1AN oRReroRrsu rnaueo exvvon } M'D[RWp1pOLT{NAWION Yp 0.00PHS.ON.LLfVAVCYpp Y11p® y T,C UiIOYTXe SrnlC01 e MIMMaOTn ,aft 3.:rytcl:;r vvv{i.ruwcn vev Ai'iaa{Nwn2A IVN Dlu�rl Rr rneoxoer oiM oac 4 DnrR alol2crR • 02042018 2013-018.1 y; BHaeT NU' Me`� % 1 OF 1 u J00 1 D • F LNDOVEA 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 alctor Accept Dedication of Drainage and Utility Easements —15847 and 15873 Linnet St NW - Planning May 3, 2016 DISCUSSION On October 15, 2013, City Council approved a lot split for Scott Allen. As part of the lot split, drainage and utility easements were to be conveyed to the City of Andover. Resolution 095-13 is attached for your review. To date, the easements have not been conveyed to the City. ACTION REQUIRED The City Council is requested to approve the dedication of the drainage and utility easements as described in the attached conveyance documents. Attachments Location Map Conveyance of Permanent Drainage and Utility Easement Resolution 095-13 Res ctfully ub . 'tted, Stephanie L. Hanson City Planner Cc: Scott Allen, 15873 Linnet St NW, Andover, MN 55304 Paul and Kristi Wolfe, 15847 Linnet St NW, Andover, MN 55304 ANS„OVE R Location Map z 1971 11954 I 1192f I' 1825 1799 Y 1837 1789 2146 15873 1J O 158TH LN NW 158tH LN NW 2 i 158TH LN NW v 15858 15936 15856 N 1 15846 15847 15840 15929 2032 z 15844 15841 15842 15847 15837 zz 1966 15943 \20!54 u 15914 z 15911 15831 z 1971 11954 I 1192f I' 1825 1799 Y 1837 1789 2146 15873 1J O 158TH LN NW 158tH LN NW 2 i 158TH LN NW v 157TH LN NW 157TH LN NW 157TH LN NW 15)TH LN NW 157TH LN NY/ 20321950 1916 1906 11880 1844 1818 15651 3 z a 5 1937 1919 1 156TH LN NW 18651 1 1841 Date Created: April 28, 2016 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. 1 15858 15859 15856 15846 15847 15840 15844 15841 15842 15847 15837 15826 2023 15832 15831 15830 15835 15832 15827 15812 p Z 15820 15819 15818 15821 15822 15817 15798 Isen1 L�� 1„Y w - 15808 15807 15806 15809 15810 15807 15790 i 15796 15797 15798 15795 15796 15797 15782 2018 y z W o 15784 r 15783 Q 15787 15788 15786 ' x 15785 15774 F 15772 15770 15771 15775 15774 15773 15766 2057 1933 15758 15757 15760 15761 15758 15760 15757 157TH LN NW 157TH LN NW 157TH LN NW 15)TH LN NW 157TH LN NY/ 20321950 1916 1906 11880 1844 1818 15651 3 z a 5 1937 1919 1 156TH LN NW 18651 1 1841 Date Created: April 28, 2016 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. 1 PERMANENT DRAINGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Scott R. Allen, (herein referred to as "Grantor"), hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation, (herein referred to as "Grantee"), a permanent easement for drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incidental thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: See Exhibit A attached hereto and made a part hereof. Said easement is further described and identified on the Easement Exhibit B attached hereto and made a part hereof. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary, and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easements. Grantor covenants that he is the owner of the easement area and has the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in any way appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2016. Scott R. Allen Total Consideration: One and 00/100 Dollars ($1.00) State Deed Tax Due: None STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2016, by Scott R. Allen, who has caused these presents to be executed or has set his hand the day and year first written above. Notary Public NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2016, the above described easement in this document. CITY OF ANDOVER Dated: 2016 By: F) A perpetual easement for drainage & utility purposes over, under, and across a strip of land 5.00 feet in width, the South line of which is the most Southerly line of the following described property: The East 310.00 feet of the West 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the West and South lines of said Southwest Quarter of the Southeast Quarter, EXCEPT the following described property. Beginning at the Southeast corner of the above described property; thence on an assumed bearing of North 88 degrees 46 minutes 01 seconds West, along the South line of said above described property, a distance of 140.00 feet to a point to be hereinafter referred to as "Point A"; thence continue North 88 degrees 46 minutes 01 seconds West, along said South line of the above described property, a distance of 170.00 feet to the West line of said above described property; thence North 00 degrees 38 minutes 38 seconds East, along said West line of the above described property, a distance of 82.50 feet; thence South 88 degrees 46 minutes 01 seconds East, parallel with said South line of the above described property, a distance of 170.00 feet to the intersection with a line drawn parallel with the East line of said above described property, extended Northerly from said above described "Point A"; thence North 00 degrees 38 minutes 38 seconds East, parallel with said East line of the above described property, a distance of 67.50 feet; thence North 11 degrees 58 minutes 32 seconds East, a distance of 25.44 feet; thence South 88 degrees 46 minutes 01 seconds East, parallel with said South line of the above described property, a distance of 135.00 feet to said East line of the above described property; thence South 00 degrees 38 minutes 38 seconds West, along said East line, a distance of 175.00 feet to the point of beginning. Said strip of land is to extend by its full width from the East line of the West 40.00 feet of said above described property to the West line of the East 10.00 feet of said above described property. 3 L I I I I I I I � I I I I CD / 00 r.W n I. I.MN —, -- I I I Y I l� A I I If— -----------J AriLO I ,nTlIvl vllA1 l .vl v l I I/ I I Certificate of Survey SCOTT ALLEN `m0. y� Ie.bJN� M m.A m I.wWUn . MRnaM .mMib YW,NWq r4aw• Yemen Wl1 �I°Im. aqF vI..1 m.r.J... z mbr Y.u„.. mNM*N• 1 WmawNM+wry.swNY .Rm..Yq Psml. A w. n N N N' wlUe�'ri .ti.n Ir.nwl s. 6W.. M cull[ w.uN s Nw{w..wF el P� 0. Ruv. Nxn. NvbYn 4 aW" W.nr PvuR ..uT l.�. 141>:n wiry .F IAp NMA .1 W ]W v]rJ0 M N W [eM.nl �'"nl..lp ° �{ wl%szm I`FY'..':rleu swYn..m.IRmi:N lr. u.Nn Yluwu s W PY J N. Wp.M Mn.1. p0)r W.hW®P M W WN.xI mnY N w .Mn [.vqa =1 IMn e.n, IG..1 �Iw.w m Wlnl pl I�gIm.F�. M .ti.Mil. nM.Y 1. u'MI I.': Nw mYw. 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N.s CERTIFICATE OF SURVEY NvSR FOR SCOTT ALLEN er 10/'N/1J KIA JBIP.01 9av OYI wm'um. melp.0 ris ee PERMANENT DRAINGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Paul Wolfe and Kristi Wolfe, husband and wife (collectively referred to herein as "Grantors"), hereby grant, sell, and convey to the CITY OF ANDOVER, a Minnesota municipal corporation, (herein referred to as "Grantee"), a permanent easement for drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incidental thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: See Exhibit A attached hereto and made a part hereof. Said easement is further described and identified on the Easement Exhibit B attached hereto and made a part hereof. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary, and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easements. Grantors covenant that they are the owners of the easement area and have the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in any way appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2016. By: Paul Wolfe By: Kristi Wolfe Total Consideration: One and 00/100 Dollars ($1.00) State Deed Tax Due: None STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2016, by Paul Wolfe and Kristi Wolfe, husband and wife, who have caused these presents to be executed or have set their hands the day and year first written above. Notary Public NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2016, the above described easement in this document. CITY OF ANDOVER Dated: 12016 By: 2 EXHIBIT A A perpetual easement for drainage & utility purposes over, under, and across a strip of land 5.00 feet in width, the North line of which is the North line of the following described property: That part of the East 310.00 feet of the West 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the West and South lines of said Southwest Quarter of the Southeast Quarter described as follows. Commencing at the Southeast corner of the above described property; thence on an assumed bearing of North 88 degrees 46 minutes 01 seconds West, along the South line of said above described property, a distance of 140.00 feet to the point of beginning of the land to be described; thence continue North 88 degrees 46 minutes 01 seconds West, along said South line of the above described property, a distance of 170.00 feet to the West line of said above described property; thence North 00 degrees 38 minutes 38 seconds East, along said West line of the above described property, a distance of 82.50 feet; thence South 88 degrees 46 minutes 01 seconds East, parallel with said South line of the above described property, a distance of 170.00 feet to the intersection with a line drawn parallel with the East line of said above described property, extended Northerly from said point of beginning; thence South 00 degrees 38 minutes 38 seconds West, along said last described parallel line, a distance of 82.50 feet to the point of beginning. Said strip of land is to extend by its full width from the East line of the West 40.00 feet of said above described property to the West line of the East 10.00 feet of said above described property. That part of the West 8.00 feet of the East 18.00 feet of said above described property, which lies Southerly of the South line of the North 5.00 feet of said above described property, and which lies Northerly of the North line of the South 10.00 feet of said above described property. 3 \ r4- rx n >r\In I n 11\VIV ;\IU VL_ L_________ ___ r _lT P Li AI I I Certificate of Survey r le SCOTT ALLEN YY� t2.A..� m� M� I.cY N.1 mn mreYr'rntl4 IG mrY re, rY.r 1 rNNer r^�� r.•Y.M rwl. x W e u Y mune naer�N...,.�p YY.y. na .Nnr •n.+.r .. �r Pe Ertl MP .•.nL MM.n rs slpuy .ip..y p.wp y.qi )�M.rM �.Iwn'TIOM 6.runllWvl {onP rnvM paF� . ppreFlrry mvn pT1Yl _ l frpW wl q N. Mn um 1.r .1)FmpnMya'yN,vl w ]aM %I.0 M1 er N. S.uUrl s1WiMu. 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Vnt tlW Nv r�rrwYax ° wrr...nwm r.r u ..Nnr 1. n I,..wn. m.... u . •r.Fl ny N.r tl••wF•NMM•mFr. °�Nnaa °f lAmuM N w 1�Y.1 M vl WMW nU' vd O�..rgYp1 eqw Y mFulx Y.si.. rrt Vnp xY Vnl M N u. wn .rF.. ..YM .. rl.... N Yb I.q N.r pnN Y wI•� .. M.In 01 ..rue 4.1. pYN u w ren M .r W r...x.ar vr.Mx •nxM xru.Y Ym n4 .Nn :wIM YM1 x, Nnn M1x m I.FN. Y ..asI.N G�.I N mwa � mxrm rete ruY..r aN .¢wr 2rN w.y. Gq p.ptl NN .Y iuN F. .1 w .I.n MeN� .m.et.pv, �a �Ywn .r�lx>fm rM 1. W L.1 M N N..t.n ..erpN .rY.r1v P.N[ q M.mP Y.rN. YM rnp .Nr rsl Ya. bl....Nnyp]Inl r.w Iq 4.F'.i vgnYY u..�e.r°P.Mq. 4Mi1 r66 iM .11�.Ni.W.4v4.�nm+rn W••••• IM o ...y m. °wh u.t ml. YYomrvy• Plep er n .p. vrvy a q. r rAer r drect vpennion one uw� om euy uceMea Pmieeel.n.l Len Surveyor under 0m lens of Nye SI.I. of Mnn.apt.. lo/98/13 R. 4 YN Iluy N4 15.20 py. P.Pf1L P PMWrre[n MA - 35 f¢] WE (PRINgt muemm; to f¢T .E (cuu0S1: a ti2i RW: 30 RE] P�la>_ n .. ropcN M .I wN^,n Jrmor P�W • ppp r..r µp S.iu w.v M .I N. Sw 1 0.vlr �1 w buNMi�l pMw. yNM 1; ).nV{ y' nnp f.. U'mrtl°rr44 N5rvuv bvrr..eU•W IMS W WP rn.r.n. bvNn.l G..nnrM N UY. LuunN � q W Jen ..rM pq.rx .Mrw N IwN mYul. P ..rW 1wt rbq w Sxwx �ritlxi •'W v •ros u mom.. N.rr., q nom ml u W nen M.r M. •..=:i tle`r � IbN m e.v... >. m� v . �a �t a.va mmae'P� u u:`"I•"'"': Me :°la :i ww°rr�le "n:. nr.,..:r MI n rpFWm'pn" PYnnxn bRxluxT k mm �Y IM F.r.rLL w WrNw phi. Y wN Y N.�'N 'rorty tl N �uY..y °prupNW •I Imo FF GN NNw2M tl0.op rM nu. v.n lmom rM lMp x.Ngws.N WrL rM M Y. 4uu.�yµµ wW sl W ]MxM Ww. Snuan ry )mub .w Y MGM �wlri °sl MnIA°n. aeaO.rmC n ItlW� W Saiu wn N pamm�•M n U. 'a.us.l aan. eFw Yw.ln N.n. w '.' r meiWp .4 .rtl.I.ex�lYm rut lYNii.vh el . w.w N rW°"e.rrer:w N .rFNn Nwr^Y.N m MyorL nw'n nt Jrq ..nN M.114. N W Oen .ry ry...�1 61]4°1..5 wx. (yN Y. J n 4 nYvrn N qty. [ut .! N qN .Y _ •..^ �m.nx . N•wu N Imm Inr b w nr...W. NFyNF.�y(N M N.N w...yMr.F.. PMp .nyN.. r. °°Vw1°4�Nr. ]w.i Ma. rl w..MniW Wrni'•W MINu w.+ NrNYN.rW FUMNN ..n N. [glWnwNF qW W.r .ry+rn M•• P•Mp U w.r.N M N W ray rYm IM .f W N....nVF.r l�Nr.y .l w 1M {m UN .r M fM I0.m rM n�..Nx N> ...nw n.2rYM•Xr MN uN. wx.ux.MN Loo, wqW. r.r WrMNwM l NN m n lAnddererson � ,,.Ason m® sale vtt] LEGEND qN ere. W iMr4 MP Merq mlet� mm CERTIFICATE OF SURVEY m'er FOR SCOTT ALLEN 10/98/1J Rfo 3529.01 s1Rrs Oml rm x.uw my.R Ic u low 'V eL0 rdA 4 2_01 ZCa 3Lj �jvu� rn © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R095-13 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R-4 SINGLE FAMILY URBAN DISTRICT FOR THE PROPERTY LOCATED AT 15873 LINNET STREET, PIN 15-32-24-43-0115 NW LEGALLY DESCRIBED AS: The East 310 feet of the West 1010 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. WHEREAS, Scott Allen has requested approval of a lot split to subdivide property located at 15873 Linnet Street NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; 0 WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the Iot split, and; NOW,. THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $2,650 and a trail fee in the amount of $703. 2. The applicant shall provide 5 -foot easement along northern side of the newly created urban lot and 5 -foot easement on the southern lot line of the existing parcel. 3. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor; 18 -feet rear lot line, 5 -feet side yard, and I0 -foot front yard. 4. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. S 5. The existing individual septic treatment system shall remain in use until the well and/or Qseptic system fails. At which time connection to the municipal water and sewer system shall be required. 6. The new urban lot shall be required to connect to municipal sewer and water and pay all related fees and assessments as required. 7. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adapted by the City Council of the City of Andover on this 15th day of October, 2013. CITY OF ANDOVER ATTEST: IKhael R. G ache, Mayor 910' M ?elle. Hartner, Deputy City Clerk H H Y O F O TV E 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 \\v Jim Dickinson, City Administrator Vr David L. Carlberg, Community Develo Director Stephanie L. Hanson, City Planner 0 Accept Trail Easement and Vehicle Maintenance Access Easements—1Hickory Meadows 2nd Addition — Mark Smith - Planning May 3, 2016 DISCUSSION On November 17, 2015, City Council approved the final plat for Hickory Meadows 2nd Addition. Resolution 098-15 is attached for your review. Condition #3 requires a Vehicle Maintenance Access on Lot 1, Block 4 of Catcher's Creek. This Quit Claim Deed was recorded at Anoka County on April 1, 2016. The recorded deed is attached for your review. The developer is also required to provide vehicle maintenance access' within the Hickory Meadows 2nd Addition plat and a 100 foot trail easement along Coon Creek. ACTION REQUIRED The City Council is requested to approve the attached Quit Claim Deeds. Attachments Location Map Quit Claim Deeds Resolution 098-15 Final Plat Resp ectfull Submitted, Steph ie L. Hanson City Planner Cc: Mark Smith, 2170 Otter Lake Drive, Lino Lakes, MN 55110 1,4424 C= 0 1396 0- 0 1370 a) 0 0 l< U 237 609 "L / 37 5 i lF 4212 L 3: ANDOVER BLVD NW 4LI30 1 1 HIA n, 4-427 1 15 4 D41 5 143,78 14315 141911 N 38 0 ,35 6 2 . � k F1'4 14 437�6 3616 14. 34�5 L43:67 374 1 14293 0 a 14275 ' I li 34 4220 III I I ,CR16,' ANDOVERBIAll'', t- 215 1191 1443 9 1.451 1443 192 1442 2`10 57 39 T 14-384 14,438; .3.2 2091 2:1 > 0 z A, \ �179 9 is 41 trop 3 Irmho T"med for mcof ft dA4 QUIT CLAIM DEED Indhrldu"s) to Sushum Entity e v number, DEED TAX COE $1.65 POR Y&UA%R SWC NiSDEWOR Merle F. faith and MtIeW A. Wh. hwband ad wde ('Graftirl, hereby mevsys-aw qultcleims b Qty of Andover ("Grantor), real proparty ih Anoka Cmh+wmata, " dt--zribed as flows SM ATTA(;HED EMI9;T.A `This daW L=andera real prr. WYln exchange for $SW or less of gns�rvtlon Ouh* hem ieM arpert at the dowbad retl pmpetp is Ngtstored (rte) ❑ [Kowr wm am hemdlt3"ivuft and appidermces bsldngirg there c4NN* alb box; El The WW cer6fes ihat the SdW dies not knowot any wells on thoddaarlbad real pwc fty. C7 A well duWure wbka a aeconrW es thtsdoeurriant or has bin Rett mnl my i bd, (lf eledmicagy 15W, ir:sed WDC numt .. n l am farnaw wm 6o property dwrbod In w ioslnrment aw, I off* that ms s.atus and number of rd3 on Ike described real p(op" ha" not ohwod s4m the Lost prevlausly JW wadl &Selmre wwwo. 10.3q Gfat W hark P, SRO Kaftean A Sftth State of mfmmsata, C=ty at Ra s FnF 1ws4went was a*vk d betre rta a+ Kathfam A. Smtm, husbrd and wee. tit THIS WSTRL]MEW WAS DRAFTED BY: S, Smi7h 2120 OW LAO tem Mite hex Lie; M!# 56110 LT Fae Hq $1312 Fiimr 10.3? {�t}f3) . by htar� R, Smtm end (W=tn or r T;W taric Fwx). My oomn TAX STIATMENTSFOR THE REAL. PROPERTY DESCRIBEC1 W THIS WSTtTt MENT SHOULD BE SENT Tp> Mai S. Sailh Mrd KgWaon A. SrIF 2129 Gtr L9w Dom me Bear Lake, %q W. lo LT File No. 513126 EXHIB(T-A Easement for Maintenance Vehicle Access; The Northeasterly lo:feet of the 5outheastteriy 120 feet of lot 3; B[Ock 1, Hickory Meadows 2nd Addition, Anoka County, Minnesota. Mgintenanee Vehicle Access; The Ngrthessterfy 10 feet of the Southeasterly 120 sept at Lot 3, Black 1, HICKORY MEADOWS 2ND ADDITION. iV„-• l k R l i A N7.1 , i �� � i �s M1♦ t � �.t ,30� tx ntO» "IMPFURN HICKORY MEADOWS 2ND ADDITION B Omarcs lac • 51's Maintenance Vehicle Access Easement acte 4*wwdpC% !n =01 m—m-,su rc* �� aa�r Sj j15 (Too 3 1000 Wwr"ftrMoiding dab) OVIT CLAIM DEW Indtvidual(s) to Business £nNty eCRVnwber DEM TAX OUE; $1,55 DATE: FOR VALUABLE CONVOERATICfd, Mork R &rO and Kai6 A »mitts, husband and wk arantorl, Nreby conveys aw qu4cisims to City of Andovff rGrantee-1, rnzi property in Arnica County, train y daw%W.as roEtows-. SEE ATTACHED EIS#fIO! T A 'This deW transfers rear p(oparty n exchange for 55tt0 or"Im Ur cccW Otfon ' ChaOhem Iratlirpad vtOwdww6edn-Apmpeojisf lerd(To>tansjR together 5wiilh al tmred tAr " nents and ilrtonsam b0ol pnp therelo.. aw appk" box, 0 The Baur diet the Seiler don not know of any weir on the deavibed real property, Ll A wait dfsetmte doatrn t of has h_w efftt� fged: (If eleyron�stty Ind, idsart VYE71r' nurn6er; ,} Q IBM fa#Rl2r With the property deed in fhis Insttment and l C�f* that the status acid rsunow of wells an swdmibm rem prao y hm not cr+etrtied shtae the last tarovisiy aw weir dkdosura cuffiats. Fom W2 (2013) Grantor Mark R. Srnith State of Fdlnaewta, County at Ramsray Kathleen A Sdth > -4 and W i8tam1 THIS 10TRUMENT WAS DRAFTED $Y: Mai S smim 2120 OW laks Orm viw B e Li*ei ION 9110 LrfiW to. 513126 Fain soupot3) 20 by mask R. Smith and �dma�wo TIN (wd Dank#: TAX STATEMENTS FCR THE RV -1 PROPM 1 Y MSCR19ELI Its THIS INSTRUMENT VCIUtb BE SENT 0 - Alk S SrAh and K*Iesn A SOM 212D Oft Wa Drina "Ib Ow E t MN 55110 LT File No, 513176 D(HIBfT A Easement far Maintenance Vehicle Access: The Northeasterly. 10 feet of the Northerly 148 feet of Lot 3, Black 2, and the Southwesterly kQ feet ofthe NorthWesteriy 148 feet of Lot 4, $lock 2, Hickory Meadows 2"d Addition', Anoka County, Minnesota. Maintenance Vehicle Ag cess: The Norilheas-terly 10 'feet of the Northerly 148 feet of Lot 3, Stuck 2, cmd the Southwesterly 10 feet of 'the Norilhwesterly 148 feet _of Lot 4, Block 2. HICKMY MLADOWS 2ND AbblTION. MEADOWS X 2 ADDITION 3C HICKORY MEADOWS 2ND ADD111ONC Maintenance Vehicle Access E-asemeht DO --- 5/4/1 55 {raplllactu.tas vedf"Nc0rd'rrg"1) MIT CLAIM D IndHrkfnaf�sj � 8uainasa £nE�y eCRV nun -Ow CEM TAX DUE. $1.65 DAM FOR VALUABLE CONS1E MTiON, Mark R. Saft and Kahiw A Snubs, husband and .00 ( Grsntc ), heraby conveys and quWaims to City of Andom ('Gra> , MW property to Anoka County, Mmes* legally desorftd as frdlavrs: SEEA7rACKD El H4ITA `This deed trart:fers real p:`s1pay h exchange farUW or low of mWeleratlntt,' Ctmck hers it all erpad of No dwi� reaf pmpwty is Re$Wared f Tamers) f7 tcgethier m1h ail Wed-Wnenls and appirfenanom bung theiela,. Chad *#kabrebox., ® The Viler OKOW that Lhe Seller does net know or anyvistss on thediad mS property. Q A well closure cel kets scoonvanrfea this domment cr has been .e sdronWally W (ff bliXtrontally W hswtWDG'rrufttberi ) [j l am famler vft the prcparty dew&W in this lnstsmmi. end i cet* thal t Te idatu and number of web 60 fie dasabW rani prapErty have not dowd slnc d the bet pwllo isly ped well 66mra asrafmata. F=14;3:2 j) f3wm;ar Matt R. smm Kati>lm A Sift ON$; of Minnes* Cocmly of Ramsey This Ittsirijts,9tllvus l> me an dq of 24 : by M" R. S AIA and KatMesn A Smb. husband afid Wd , 7lda (mdRAOJs mt=wisslpn exFaes t THS INSTRUMENT WAS DWTED BY: TAX STATEMENTS FOR THE REAL PROPERTY #SES IRIBED I N THIS INS o HENT SHOPLO SE SENT TD, S. aratb 2121MeLake I VAAS SSTri taniKthla"A,Sft wAl5 E t.ah#— mN 66110 2120 Ctw Lake brNe I ,MN 5611 LY flltHa.'S131Fo FoEm Mimi 3) LT Kc No: -213325 EXHIBIT A Trait Easement: An easement for trail purposes over and across that part of Lots 1, 2, 3.4, 5 and 7, Stock 2, Hickory Meadows to Addition, Anoka County, Minnesota, which lies Southeasterly of a line. drawn parallel with and distant i0o feet Northwesterly of the fbilowing described One. Segiinning at the most -Southerly corner of said Lot 1; them Northeasterly along the Southeasterly lime of sold Lots 1,, 3, 4 and 7 to the East line of said Lot 7 and there terminating. An 9010TWIt W bvi PurPQPVP Ovw Ond *van. lhot part of Lots 1. Z 3, h 5. and 7. 916* 2. NWM7 Moodo", 2rW Adlftkn. Mow count -A u*litowto, ~ 1w swowowy of a Ikke *MM PwdW with and &stcnt 100 foot northworwy of the "Owkg dwwrbW INW Bo*nbg at the most ow#mly oomor of add Lot I- thencenorthojotw�y *tang the - pw#mdwty lkw of MW Lou I 41 and 7 to the evert ekes of ;z Lot 7 ow ow# wM*wth3q. 'MHICK w 'ORY FrIqlEADOWS rr ti 4 'JCS 1 1 Z� M CA -i CHERT CREEK in 100* - II ,VF1#1 ` HICKORY MEADOWS 2ND ADD1110N Trail Easement 9 �C; Record ID 3$46299 2'1 33372.003 tToa 3 tt IM Mwvgd for mcordh+$ data} QUfr CLA19 DEED Business Erstity to $asilam Entity OM r:umber nin DEEO TAX DUE- $155 DATE' March 31, 2015 FCR t+NWAHLECON$IDERATION. M -A of Exci*nm HmW, Inc , s tdtttngw a t'Gratstot j; hereby tx�nxeysand 4uhd to Ctty at var ('Grantee`, in Anoka Gounty, fttmne ta, legaMy MsmW as (tf 4w- Easw*nl lar `,J*ntertanse Vehicle kCm aver Tf* South 18 feet 01 the i.sast 32ieet of lot 1, 8*4 4, Catchers Creek £TPri ds-x1transfer.twit propeVinexchargewfar$540orless ofcrrass raWfy (;h mk hate d aN ar. of the dnccnbed f881 PAYi$ Halg and (Tcrmp*) ❑ t05ethar with all 1wvt tanttlnls rid 3pptgrenancesbe-m&ng thereto, Gftaclt aytp+ir.�tl$box The Seiler Ceroms tha Ole; dries not know of any w0ls. on the d6s6nbW red PMP", 0 A I disdasura cetWirl Aix lhs dacom?n! of has Gen ekectminksRy fled. (it-tronkatlyturd, insets WDC number: 1 atn f-,m'hw vAlh the pnVwty described in ;tris insttumew araf I c fy t+tal the status and number of wells can thecr. b rent prtatserty have not c err slice the I651 yxe+Y Ou$Ir Red hvll dAsr�aswe �Eut�ae: Farm to )'a !3t Grantor Mark of E %m& #ice ptaftt Smith. Ptesl�ffint 1 0.I State of fdreriswrta, O wnty of Anka TtA mstramem was amkrwfedod before m ca 3151 day of Ma<mh. 2416, by M -A Smith, Preskiol of Mark of Exofteme Homes, tiw , a W}n7sm Wim. �'fi�. h ri'I�Y �'t. le[?RtST�A h'S V:I 1l�f�fQ iWFA�: f MyNymC+'nRiS:sioengtt w.w.tiswt.�.ka.nsxt"�+.�r�v.�tav ■ i W31NSMOMENT WAS CRAFiM BY'. TAX STATEMWTS FOR THE REAL PROPMY DESS_ SED IN THIS INSTf#t WENT SHOULD BE SEN3 TO Lord TWO. #x- YVI qwn Rmp& Blvd NW City cf kdom CCM Rte, MN 54Z254 %G " LTI'llsNo- 5!1166 A r.-44. s P, � ` •/ PPM I0;15GvIt «- 0 Ikx:►ntt4nt \o., 21,11-372(913ARSTFL-k ], 11tr� t�'+rtifi 14ud 14 tadlliu istslnttttt ►tux 4ikd in this otflcc fist poctird t+ij:, (14 01 2016 10-:3130) ;AM t rtii Tlkws 41f ItIc .-ltttttuttt of 546,00 It 1 4;4.4, `t1. SS: LITER xftoka c„ ottin VfoperlM 'a%, Ndmittisitatur R,;cordcr Ragirirttr• 1)rl'i;Ws \It-Ak . IX puts btuord ID- .1846'_99 i i 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-15 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 2"d Addition'; and WHEREAS, the Developer has presented a final plat of Hickory Meadows 2` d 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: between Lots 3 and 4, Block 2; east 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 Lot 1, Block 4, Catcher's Creek, for access to the shared pond between the Catcher's Creek and Hickory Meadows 2"' 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, 5 and 7, 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 17th day of November, 2015. S :� Mic elle Hartner, City Ck ~ CITY OF ANDOVER Jie rude, Mayor Hickory Meadows 2nd Add Final Plat uiu �t� 154.16 77.61 � i I rn I.I ' -T -T' t0, %S o'w 0 oy 0 =_y U ii Easement Locations i.. ` *Denotes 1/2 inch by 14 Inch Iran pips f monument found and marked as shown. L� l 589'23'22"E uAll"E. 90.00 11-x•- - 69�562a 1 56g, 1 011 . r Drainage and Utility Easements are shown thus: ill In width and adjoining ss otharwisa shown, n width and adjoining Ness otherwise shown on the plat L I Webcnd delineated by Kjolhoug 60 0 60 Environmental in December, 2004 and July, 2005. For the purposes of this plat, Scale jr the West line of Outlot A. Scale: 1 Inch HICKORY MEADOWS is assumed ;` _ LND0b 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 Administratorhnician David D. Berkowitz, Director of PEngineer�� From: Kameron Kytonen,. Natural Resou Subject: Approve Updated Diseased Tree Ordinance, Diseased Tree Removal/Sanitation Enforcement Policy and Emerald Ash Borer Management Plan/Program/15-28 - Engineering Date: May 3, 2016 INTRODUCTION The Emerald Ash Borer (EAB) is a devastating insect that attacks all species of ash trees. Hazardous trees are those that have structural defects and may be dangerous to people, animals and property. It's necessary to plan for the eventual appearance of EAB in Andover and to include hazardous trees in the ordinance as a public nuisance. Thus, staff has updated its tree ordinance, Diseased Tree Removal/Sanitation Enforcement Policy and EAB Management Plan/Program accordingly. DISCUSSION EAB was found in Ham Lake in March 2015, which was the first find in Anoka County. Since first being found near Detroit, Michigan in 2002, this insect has killed millions of ash trees in Minnesota, Michigan, Ohio, Indiana, Wisconsin and some Canadian provinces. Hazardous trees may or may not be prone to spreading an insect or disease problem, but have one or more structural defects, which make them more prone to failing. They also may hurt visual appeal. Some examples include trees with large cracks in them or trees that have been dead for a substantial period of time. With more insects and diseases (such as EAB) threatening our urban and community forest, more trees may end up dead in our landscape. Thus, the above documents were updated to include the removal and proper treatment of EAB infested and hazardous trees. ACTION REQUESTED The City Council is requested to approve the updated diseased tree ordinance, attached Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy and EAB Management Plan/Program. Respectfully subm ed, K e�dne Natural Resources Technician Attach: Ordinance Summary ✓ Draft City Code 4-3 ✓ Draft City of Andover EAB Management Plan/Program ✓ ✓ Draft Diseased Tree Removal/Sanitation Enforcement Policy Draft City of Andover Ash Injection Program vol' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX SUMMARY AN ORDINANCE AMENDING THE ANDOVER CITY CODE, TITLE 4, CHAPTER 3 TO MODIFY NUISANCE TREE ABATEMENT STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed modifications add in language on Emerald Ash Borer and Hazardous Trees. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 3`d day of May, 2016. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Julie Trude, Mayor SECTION: 4-3-1: 4-3-2: 4-3-3: 4-3-4: 4-3-5: 4-3-6: 4-3-7: 4-3-8: 4-3-9: 4-3-10: 4-3-11: 4-3-12: 4-3-13: CHAPTER 3 NUISANCE TREE ABATEMENT Declaration Of Policy Natural Resources Technician (NRT) Tree Commission (Rep. By Ord. 305, 2-24-2005) Tree Contractors Epidemic Disease Program Nuisances Declared Nuisances Prohibited Inspections And Investigations Abatement By City Of Epidemic Tree Disease Nuisances Procedure For Abatement Of Infected Trees And Wood Spraying Trees Transporting Epidemic Diseased Wood Violation; Penalty 4-3-1: DECLARATION OF POLICY: The City Council has determined that the health of elm, oak, pine, ash and pine eek trees within the city is threatened by fatal diseases known as Dutch elm disease, oak wilt, emerald ash borer and pine bark beetle. It has further determined that the loss of elm, oak, ash, and pine and other species of trees growing upon public and private property would substantially depreciate the value of property within the city, and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City Council to preserve shade trees as well as to control and prevent the spread of these diseases, and other epidemic diseases of shade trees and hazardous trees by enacting this chapter in conjunction with the Tree Preservation Policy, Diseased Tree Removal/Sanitation Enforcement Policy and Emerald Ash Borer Management Plan/Program. (Ord. 305, 2-24-2005) 4-3-2: NATURAL RESOURCES TECHNICIAN (NRT): A. Positions Created: The position of Natural Resources Technician is hereby created within the city. The Natural Resources Technician must be a Certified Tree Inspector (CTI) as determined by the Minnesota Department Gemmiss+aner of Agriculture and/or Minnesota Department of Natural Resources. B. Duties: It is the duty of the Natural Resources Technician to coordinate, under the direction and control of the Council, all activities of the city relating to the control and prevention of Dutch elm disease, aad oak wilt, emerald ash borer, the spFe d e Oho pine bark beetle, aad other epidemic diseases of shade trees and hazardous trees. The Natural Resources Technician will be responsible for establishing and prioritizing control areas, promulgate rules, regulations, standards and specifications to be approved by the City Council, and advise the City Council of appropriate actions. Interference Prohibited: It is unlawful for any person to prevent, delay or interfere with the Natural Resources Technician or their designee while engaged in the performance of the duties imposed by this chapter. (Ord. 305, 2-24-2005) 4-3-3: TREE COMMISSION: (Rep. by Ord. 305, 2-24-2005) 4-3-4: TREE CONTRACTORS: A. License Required: It shall be unlawful for any individual, partnership or corporation to conduct, as a business for profit, the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the city without first having secured a license from the city to conduct such business. B. Application For License: Application for a license under this chapter shall be made at the office of the City Clerk. The application for a license shall be made on a form approved by the city which shows, among other things, the name and address of the applicant, the number and names of the employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. C. Insurance Requirements: No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk a certificate of insurance evidencing the holding of liability insurance and the limits required by Minnesota Statutes and proof of workers' compensation insurance. The city shall be named and the insurance provided shall include the city as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days' written notice to the city, and if such insurance is so canceled and licensee shall fail to replace the same with another policy conforming to the provisions of this chapter, said license shall be automatically suspended until such insurance shall have been replaced. D. License Fees: Fees shall be in such amounts as set forth by this code'. E. Chemical Treatment Requirements: Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a commercial pesticide applicator for category "E: Turf and Ornamentals" if the chemical and/or type of application warrants it. Such certification shall include knowledge of tree disease chemical treatment. (Ord. 305, 2-24-2005) 1 See section 1-7-3 of this code. 4-3-5: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes Chapter 18G, as amended, directed at the control and elimination of Dutch elm disease, oak wilt disease, and pine bark beetle, and elimination of other tree diseases, and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. (Ord. 305, 2-24-2005) 4-3-6: NUISANCES DECLARED: The following are public nuisances: A. Any elm tree or part thereof infected to any degree with either of two (2) species of Dutch elm disease fungi, Ophiostoma ulmi and Ophiostoma novo-ulmi, or which harbors any of the elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes. B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material not properly covered and sealed from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide; except, that the stockpiling of uncovered bark bearing elm wood shall be permitted during the period from September 15 to April 1 of any year. C. Any northern red oak (Quercus rubra), northern pin oak (Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak (Quercus coccinea), or part thereof, infected to any degree with the oak wilt disease, Ceratocystis fagacearum. D. Any'iviRg e standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease to other trees of the same species through interconnected root systems. E. Any diseased material of the red oak group that is potentially spore producing (PSP). F. Any ash tree (Fraxinus spp.) or part thereof, infected to any degree with emerald ash borer, Agrilus planipennis. G. F—. Any standing pine tree infected with the pine bark beetles, Ips pini, Ips perroti or Ips grandicollis. H. G-. Any standing dead pine tree that has been dead under one and one-half (1 1/2) years. I. #. Any exposed pine tree slash or logs cut from live trees or from trees that have been dead under one and one-half (1 1/2) years. (Ord. 305, 2-24-2005) Any tree deemed by the Natural Resources Technician as "hazardous." This is a tree that has structural defects in the roots, stem and/or branches, that may cause the tree to fail; where if it fell, would land within a public right-of-way or property owned by another person or entity. 4-3-7: NUISANCES PROHIBITED: It is unlawful for any person to permit the spread of a public nuisance as defined in this chapter across his or her property lines and in any specified control areas as established by the city. Such nuisances shall be abated in the manner prescribed in Section 4-3-10 of this chapter. (Ord. 305, 2-24-2005) 4-3-8: INSPECTIONS AND INVESTIGATIONS: A. Annual Inspections And Investigations Required: 1. The Natural Resources Technician shall inspect all premises and places within the city as often as practicable to determine whether any condition described in Section 4-3-6 of this chapter exists thereon. 2. The Natural Resources Technician shall investigate all reported incidents of infestation of Dutch elm disease, oak wilt, emerald ash borer, pine bark beetle, or other diseases of shade trees and hazardous trees as necessary to determine whether any condition described in section 4-3-6 of this chapter exists. B. Entry Powers: The Natural Resources Technician or their designee may enter upon private properties during standard working hours promises of ,n„ Feasonable + mo for the purpose of carrying out any of the duties assigned to them under this chapter. C. Diagnoses: 1. The Natural Resources Technician shall make the initial identification of an infected area whenever possible. 2. The Natural Resources Technician may send appropriate specimens or samples to the Minnesota Department G^^ one of Agriculture, University of Minnesota or any state certified testing lab for analysis. 3. A property owner or contractor who becomes aware of any condition described in Section 4-3-6 of this chapter shall notify the Natural Resources Technician within seven (7) days. (Ord. 305, 2-24-2005) 4-3-9: ABATEMENT BY CITY OF EPIDEMIC TREE DISEASE AND HAZARDOUS TREE NUISANCES: A. No person shall allow, permit the spread of, or fail to abate a public nuisance as defined in this chapter. Such nuisances shall be abated in the manner prescribed in this chapter. B. The Natural Resources Technician shall enforce the treatment of nuisances by requiring the performance of one or more of the following tasks in order to destroy and prevent the spread of epidemic diseases of shade trees, including, but not limited to Dutch elm disease, oak wilt, emerald ash borer, disease, pine bark beetle and those trees deemed as hazardous. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Minnesota Department Gernmissionef of Agriculture, Department of Natural Resources or the University of Minnesota. Abatement procedures include are as fellows: 1. Root graft barrier installation (vibratory plowing or trenching) at least forty eight inches (48") deep in the soil to isolate the diseased trees; 2. Removal of trees; 3. Stump grinding; 4. Burning, chipping, debarking or properly covering and sealing the potentially hazardous wood and/or stumps; 5. Fungicide injections into healthy and/or infected oaks, ash or elms with the appropriate chemical to avoid or minimize the effects of oak wilt, emerald ash borer or Dutch elm disease,- 6. isease; 6. Spraying the infected trees and/or all nearby high value trees with an effective disease destroying concentrate. - - L4110- 4-3-10: PROCEDURE FOR ABATEMENT OF INFECTED AND HAZARDOUS TREES AND WOOD: A. Nuisance Declared; Notice; Appeal: Upon the determination of conditions constituting a nuisance as described in Section 4-3-6 of this chapter located on property within the City of Andover, excluding city property, the Natural Resources Technician shall declare the existence of a public nuisance and order abatement thereof. The process used is outlined in the Diseased Tree Removal/Sanitation Enforcement Policy. The Natural Resources Technician shall send written notification to the owner of the nuisance declaration and the necessary abatement procedures. A property owner who disagrees with the determination of the NRT may appeal the determination to the City Council. Such appeal must be filed in writing with the City Clerk and within ten (10) days of receipt of notice of the determination by the Natural Resources Technician. The City Council shall consider the appeal at the next scheduled regular City Council meeting. The City Council shall affirm, reverse or modify the determination. B. Failure To Abate; Contract For Abatement; Costs: Should a property owner fail to abate the nuisance, or be unwilling or unable to abate the nuisance, as prescribed by the Natural Resources Technician, the Natural Resources Technician or their designee shall then proceed to contract for the prescribed abatement procedure as soon as possible and shall report to the City Clerk all charges resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges along with a city administrative cost against each separate lot or parcel by September 1 of each year as special assessments to be collected commencing with the following year's taxes. Administrative costs as set by City Council ordinance shall be assessed for each parcel and shall be added to each assessment. All assessments levied for the repayment of tree disease abatement cost may be repaid over a five (5) year period. Such assessments shall be levied under authority granted by Minnesota Statutes Section 429.101. C. Imminent Danger Of Infestation: If the Natural Resources Technician finds that danger of infestation of epidemic diseases in shade trees is imminent, the Natural Resources Technician shall notify the abutting property owners by mail that the nuisance shall be abated within a specified time. (Ord. 305, 2-24-2005) 4-3-11: SPRAYING TREES: Whenever the Natural Resources Technician determines that any tree or wood within the city is infected with disease, the Natural Resources Technician may require spraying of all nearby high value trees, as determined by the Natural Resources Technician, with an effective disease destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the University of Minnesota or the Minnesota Department Commission of Agriculture and under the supervision of the University of Minnesota or the Minnesota Department Serissfeaef of Agriculture, or agents thereof, whenever possible. (Ord. 305, 2-24-2005) 4-3-12: TRANSPORTING EPIDEMIC DISEASED WOOD: It is unlawful for any person to transport within the city any diseased wood that is determined to be hazardous, as described in, but not limited to, Section 4-3-6 of this chapter, without taking the appropriate precautions. All county, state and federal quarantines shall be respected, and regulated articles may not be brought into or out of the City without an approved compliance agreement with the Minnesota Department of Agriculture. (Ord. 305, 2-24-2005) 4-3-13: VIOLATION; PENALTY: Any person, firm or corporation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a misdemeanor penalty as then defined by Minnesota law. Additionally, the city may exercise any civil remedy available under Minnesota law for the enforcement of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. (Ord. 305, 2-24-2005) City of Andover Emerald Ash Borer Management Plan/Program PURPOSE The City of Andover supports a proactive approach to identifying and planning for Emerald Ash Borer (EAB) infestations to help spread the costs over a manageable time period and limit the detrimental effect on property value, quality of life and the environment. APPLICABILITY This management plan is applicable to all public and private properties within the City. EAB COORDINATOR The Natural Resources Technician (NRT) shall be responsible for implementing and overseeing this program. HISTORY OF EAB EAB (Agrilus planipennis) is an introduced pest that has been confirmed in fourteen (14) states, including Minnesota, and two (2) Canadian provinces. It was first discovered near Detroit, Michigan in July 2002. Since its initial finding, millions of ash trees have died and it's cost states, municipalities, nurseries, forest industries and property owners millions of dollars. EAB attacks all species of ash trees (Fraxinus spp.) found in Minnesota, which include green ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra) and white ash (Fraxinus americana). Minnesota is home to more than 900 million ash trees statewide. Mountain ash are not of the Fraxinus genus, so are unaffected by EAB. By the end of 2010, EAB has had been confirmed in three (3) Minnesota counties: Hennepin, Ramsey and Houston. As of July 2015, it's also been found in Anoka County, as it was found in Ham Lake in March of 2015. It is uncertain when EAB will move beyond the known infestation sites and impact Andover. While the adult beetles feed on ash leaves and do little damage, the larvae feed on the inner bark of trees, disrupting its ability to transport water and nutrients up to the canopy. As the number of larvae in a tree increases, less water and nutrients reach the canopy, resulting in dieback in the canopy. Initial attacks tend to be in the upper portions of the canopy. By the time visible symptoms are obvious, the population of EAB has grown and likely spread to other ash trees in the area. RECOGNITION OF EAB Signs/symptoms of EAB that can help detect an infestation include: • Increased woodpecker activity/damage • Bark splitting (vertical slits) • Canopy dieback • D -shaped exit holes created by adult insects as they emerge from the tree • Epicormic branching/shoots near base of tree • Serpentine (s -shaped) larval galleries that are packed with frass EDUCATION The City will continue to educate residents and elected officials concerning EAB using newsletter articles, segments on QCTV, the website and public and group presentations. TRAINING The NRT will stay informed about EAB outbreaks and research, including outcomes of the pilot programs with wasps. City staff will be trained by the NRT to aid in City planning, responsible tree removal and disposal and coordination of City response. INVENTORY A local ash tree inventory will allow the City to determine what is at stake, help determine which areas should rank as priority management areas and help with overall planning efforts. Currently, the NRT has begun recording GPS locations of ash trees while in the field. Data collected includes number, size, condition and management recommendations. Conducting a broader sample survey or complete inventory provides these benefits: • Provide the percentage of public and private trees that consist of ash species • Help plan for budget impacts for removal and replacement of trees • Locate priority areas for tree management plans • To forecast potential impacts of infected trees on private property • Estimate volume of wood potentially requiring disposal • Identify homeowner associations that may benefit from education and planning DETECTION AND MONITORING Staff will continue to inspect public and private properties, both on request and during routine inspections. Suspect trees will be carefully analyzed. Sampling mechanisms to be used will be consistent with Minnesota Department of Agriculture (MDA) guidelines and will include but not be limited to visually looking at all parts of the tree, branch removal and bark shaving with a drawknife. Staff from the MDA will be contacted if EAB is suspected or confirmed in a tree. If staff detects an early infection which is limited to a few trees, the City may encourage tree removal to slow the rate of spread. As in the past, the City will volunteer to allow MDA to set up purple traps in trees on public and private properties (with permission), to determine a presence of beetles in the City. The traps use a sticky substance to trap the beetles. ORDINANCE REVISION The City will revise its diseased tree ordinance to include EAB as a threat to the urban and community forest. The ordinance amendment will specify requirements for proper management of EAB infested trees. Select trees infected with EAB that if dead, would be constituted as "hazardous," will be required to be removed and properly treated or chemically treated. ASH TREE REMOVAL • Public trees (as authorized by the EAB Coordinator): o Any boulevard tree found to be positively infected with EAB will be removed o Any park tree in a landscape setting infected with EAB will be removed o Trees in wooded areas in a park that are positively infected with EAB and deemed a safety hazard will be removed. All other cases will be looked at on a case by case basis o Any stressed tree may be removed o Any tree may be removed, if determined appropriate; reasons may include under power line, safety hazard, near infection center, etc. • Private trees: o EAB Coordinator will advise property owners of available options. Details on removal requirements will be specified in approved diseased tree ordinance. TREE DISPOSAL AND UTILIZATION Approved options for proper disposal of wood positively infected with EAB: • Transporting the wood to an approved disposal site • Chipping the wood to dimensions no greater than I" x 1" x 1" • Burning • De -barking (removing all bark and at least 0.5" of outer wood) • Treatment (including heat treating, kiln drying, fumigating, seasoning or another method approved by the MDA) The NRT will continue to seek creative, cost effective ways to utilize ash trees. Examples may include finding a small scale logger who has a special market for ash or a property owner with a sawmill who makes unique products out of ash. PLANTING Ash will no longer be planted on public properties or recommended to be planted on private properties. Ash trees have been removed from the "City of Andover Tree Planting Recommendations" handout. Staff will encourage planting other species. Native species found from common seed sources are highly recommended. The City will also plant a variety of species, as diverse plantings reduce impacts of insect or disease outbreaks. CHEMICAL TREATMENTS Currently, there are no cost-effective treatments for widespread city consideration. The EAB Coordinator will provide consultation and information to help property owners devise treatment plans, as requested. Information will include the handout "Homeowner Guide to Insecticide Selection, Use and Environmental Protection." Staff will advocate for responsible application of chemicals that can be done by a nen lieensed per -sen. For chemicals that require professional application, only Certified Pesticide Applicators shall be recommended. BUDGET The City Forestry Fund will include a new category called "EAB Fund" and will may fund this plan beginning in 241-2 2016 with a $5,000 allotment. Each year, an additional $5,000 may be added. The NRT will continue to seek grant opportunities to fund this plan. PARTNERSHIPS/CURRENT ACTIVITIES The City will continue to work with the MDA, DNR, Minnesota Shade Tree Advisory Committee (MnSTAC) and neighboring communities. The NRT is was a board member of MnSTAC and as eaFrent chairman of the Forest Health Committee in 2011, is werking an hosting hosted a discussion on EAB for communities around the state. The City held a meeting with neighboring communities in August 2009, and plans to hold more meetings in the future. Included local units of government include the Cities of Blaine, Coon Rapids, Ham Lake, Ramsey and Anoka County Parks. Regular meetings will allow for idea and resource sharing and a regional EAB program that is consistent and cost effective. SUMMARY EAB poses a serious threat to Andover's urban and community forest. The City will implement this EAB Management Plan/Program to the extent feasible. This management plan is dynamic and subject to revision(s) as new information about EAB becomes available and/or as new treatment options are identified. Furthermore, this plan is also subject to revision should state and/or federal policies necessitate plan updates. 2044 2015/2016 TASKS/GOALS • Present plan to and train City staff about EAB 11V YVLVII 41Lµ 1JIV Send in V1.. a4iµ.on LAB to Andeyer T esed Tree Care Companies • Meet with neighboring communities (Ramsey, Ham Lake, Blaine, Coon Rapids and Anoka County Parks) • Continue inventory • Remove stressed ash trees in boulevards and parks • Prepare education materials on EAB for public events, newsletter & website • Have booth and/or presentation at Home Show • Establish Budget to be included in the City 241-2 2016 Annual Budget CONTACTS EAB Coordinator: Kameron Kytonen, Natural Resources Technician: 763-767-5137 k.kytonengandovermn.gov www.andovermn.gov MDA Arrest the Pest Hotline: 651-201-6684 NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV City of Andover Diseased Tree Removal/Sanitation Enforcement Policy Summer 2007 Revised Winter 2016 Table of Contents Section I. General Policy Statement Section II. Diseased Tree Enforcement Process Section III. Hiring City Contractor Section IV. Abatement and Assessment Process Page 3 4 67 -78 Diseased Tree Removal/Sanitation Enforcement Policy Section I. General Policy Statement The City of Andover is home to many specimen trees and woodlands of valuable trees including but not limited to oak, maple, ash and pine. Each year, the future of these resources is under increased pressure due to factors including development and insect and disease problems. The City considers diseased and hazardous trees to be public nuisances. This policy outlines the strategies that will be used to ensure that diseased trees will be properly treated. This will help save more trees in the community and offset the effects of all insect and disease problems in our urban and community forests. Currently, oak wilt and Dutch elm disease are two diseases that have wreaked havoc on each species of trees respectively. Each year, hundreds of trees die from these aggressive diseases. Because of the nature of how the diseases spread, proper sanitation of the diseased trees is an important step in preventing further spread to healthy trees. In general terms, sanitation refers to removing and properly treating the wood of the trees, which can be done in one or more of many different ways. Other insect and disease problems, such as the emerald ash borer (EAB), offer additional long-term concerns. This particular insect kills all species of ash trees and has killed millions of ash trees in the Detroit area; it has now been found in several counties in Minnesota including Anoka County. is flh-ea4eni fi . to into Wise,., sin a 1J 1I11 l.CLLV Minnesota. Because of the large populations of ash in Minnesota and the difficulty in controlling this insect, its anival continued spread in this state could be devastating. Due to these ever-growing concerns, it is critical that local units of government insert policies and work with property owners to increase awareness of these current and potential threats. It is equally important that local units of government take a proactive approach to ensure that diseased trees are properly treated by established deadlines. Finally, this document is subject to modifications and edits as suggested by staff and brought to the City Council for formal approval. 3 Diseased Tree Removal/Sanitation Enforcement Policy Section Il. Diseased Tree Enforcement Process Overview: The following outlines the general process of how the Natural Resources Technician (NRT) or designee will handle typical situations as a result of a suspected or positive diagnosis of diseased or hazardous trees on private properties in the City of Andover. These practices are governed by Minnesota Statutes 18G.13. The specific actions taken are based on tree diseases or hazardous trees that are considered through Andover City Code and State Law to be public nuisances. How Property Inspections of Diseased or Hazardous Trees are Initiated. There are generally three different scenarios that trigger an initial property inspection. They are: 1. A property owner (PO) requests the City to perform an inspection on their own property; 2. A complaint is made from another source that requests the City to perform an inspection on a given property; and 3. Diseased or hazardous tree(s) noticed in the field by the City. General Enforcement Process: A general process shall be followed based on how the first inspection was initiated. Under each scenario that triggers the first inspection, a series of steps to be taken by the City will be listed. 1. PO Requests Inspection on Their Property: a. NRT or designee shall visit site, evaluate property and mark tree(s); will consult with PO and explain findings; b. NRT or designee shall send Declaration of Nuisance (see "attachment 1") to PO; and c. Compliance check done by NRT or designee. i. If found to be in compliance: no further action taken at this time ii. If found to be out of compliance: refer to Section IV. 2. An Inspection on a Given Property Stemming From Complaint: a. NRT or designee shall visit site from a public location or private property with permission from owner and evaluate epee ., frs*; will leave notice (see "attachment 2") or send initial letter (see "attachment 3") to PO if nuisance(s) deteeted suspected; i. Call back (from PO): 1. NRT or designee will consult with PO and e*gjahfindings ask for permission to enter property; if granted, will evaluate property, mark tree(s) and explain findings; 2. NRT or designee shall send Declaration of Nuisance to PO; and 11 ii. 3. Compliance check done by NRT or designee a. If found to be in compliance: no further action taken at this time b. If found to be out of compliance: refer to Section IV. No call back (from PO): 1. NRT or designee shall send second letter (see "attachment 4") a. Call back (from PO): 1. NRT or designee will consult with PO and ask for permission to enter property; if granted, will evaluate property, mark tree(s) and explain findings; 2. NRT or designee shall send Declaration of Nuisance to PO; and 3. Compliance check done by NRT or designee 1. If found to be in compliance: no further action taken at this time 2. If found to be out of compliance: refer to Section IV. b. No call back (from PO): 1. NRT or designee shall send third letter (see "attachment 5) and Declaration of Nuisance to PO; 2. Whether the property owner calls back or not, the NRT or designee will contact an _ Anoka County Sheriff Deputy, evaluate property, mark tree(s) and explain findings (if applicable); and 3. Compliance check done by NRT or designee -_- 1. If found to be in compliance: no further action taken at this time 2. If found to be out of compliance: refer to Section IV. 3. Diseased or Hazardous Trees Noticed in Field by the City: a. NRT or designee shall follow all the same steps as scenario #2 above. 5 Additional details: • "In compliance" refers to property owners who remove the tree(s) and take all of the measures listed in "attachment 6 7;" • NRT or designee may mark diseased or Hazardous trees with tree marking paint, ribbons, etc. and/or map them at any time; • NRT or designee shall promptly notify potentially affected, adjacent property owners of disease existence in area (see "attachment -5 6"); • NRT or designee will provide adequate literature or indicate where this literature can be found online including, but not limited to, information on the disease(s) present, a list of licensed Andover tree care companies and a handout on proper disposal and treatment of diseased wood (see attachment g 7"); • NRT or designee will may send a reminder letter no later than January 15 to property owners who have diseased trees that are considered public nuisances, which will indicate intentions to inspect (perform compliance check); • If NRT or designee encounters property where there are no trespassing signs and/or there is resistance from a property owner, the accompaniment of a sheriff will be requested prior to inspection; Standard compliance checks will begin no earlier than February 1 of each year and will go until all recorded properties have been addressed; Special compliance checks will begin no earlier than the date on the Declaration of Nuisance for that particular property. Cel Diseased Tree Removal/Sanitation Enforcement Policy Section III. Hiring City Contractor Option A Each year, the City shad may hire one contractor to perform removals and/or treatments of trees considered by the City to be public nuisances. This contractor will be utilized by the City when property owners have failed to meet the deadline set forth in the Declaration of Nuisance. Additional details on this are as follows: 1. The City will set up a bid opening, inviting all Andover licensed tree care companies to submit sealed bids on removal and proper treatment of diseased trees; 2. Interested contractors will provide bids on tree removal and treatment requirements as specified by the NRT or designee including but not limited to the following: a. Cutting down the tree and leaving the stump no higher than 2 inches above the finished grade; b. Hauling away and properly treating all of the wood and brush 3. The City will formulate a formal contract with the hired contractor, which will outline all of the pertinent details describing expectations, responsibilities, timeframes, penalties, etc.; and 4. The length of the contract will be for one year starting the date of the agreement. There may be situations that have special circumstances. A situation involving a property containing a large volume of diseased trees may be encountered. This may occur on land of a large property owner, such as a farmer. In these instances, the NRT or designee will decide whether or not it's feasible to use the City contractor for the work. These cases may render the need to hire a logger or land - clearing company to perform the work. If this situation occurs, the NRT or designee will have the right to get at least two bids from contractors of this sort and hire it out. If the bid from a contractor exceeds 10% of the land value or a maximum of $5,000, the nuisance abatement will be subject to City Council approval. 7 Option B The City may also operate on a case -by case basis, where three or more contractors are asked to give bids for each situation where a property owner has failed to meet the deadline set forth. In this case, the lowest bid will be accepted. There will be no formal contract set up, but the hired contractor for each job will be held to the same treatment requirements criteria. Diseased Tree Removal/Sanitation Enforcement Policy Section IV. Abatement and Assessment Process For those property owners who fail to abate the public nuisance(s) noted on their property, the City will abate the public nuisance(s) and assess the property as follows: 1. The NRT or designee will quantify the number and sum up the total diameter of all of the trees to be condemned (Option A only); 2. The City contractor will be notified to review the property and will submit a proposal to the City within the timeframe established under the contract; 3. The NRT or designee will provide written authorization to the City contractor (or lowest bidding contractor if working under Option B) to perform the work; 4. Upon completion, the NRT or designee will evaluate the property to ensure conformance to standards and pay the contractor for services provided; and 5. The NRT or designee will send a letter to the property owner summarizing the charges to be paid, and shall report the same to the City Clerk. 6. If the property owner fails to pay the City within the designated time period, the City Clerk shall list all such charges, along with a City administrative cost, against each separate lot or parcel by September 1St of each year as special assessments under Minnesota Statutes Section 429.101, and other pertinent statutes. These special assessments are to be collected commencing with the following year's taxes, unless provided for otherwise by consent and action of the City Council. All assessments levied for the repayment of tree disease abatement costs shall be pursuant to Minnesota Statutes Section 429.101, Subd. 2. 8 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Citv of Andover Ash Iniection Proaram Emerald Ash Borer (EAB) has been found in Anoka County and threatens to move into the City of Andover. Thus, the City has gotten bids and has awarded a contract to for injecting eligible ash trees for property owners at a city=wide bulk discount. These are trees determined by the contractor and/or City staff to be acceptable candidates based on but not limited to the following parameters: size, structure, healthcondition and location. In addition, the trees shall not have more than 25% canopy loss as a result of EAB infestation. Below is a list of other important program guidelines: • The company is licensed and bot • The trees shall be treated W!" Treatments • Treatments will last up to 3 year: • The company offers a money bA< while under the company's prote • The price is based offthe DBH (. • BONUS CITY DISCOUNT: In hired contractor. the Citi will co: the o Yleasi and antee if your treated tree(s) die from EAB Ian (details available upon request); .er at breast height) of trees in inches; )n to the bulk discount found with the a maximum of 20% of the total cost of ium contribution of $75; er or not tree(s) are eligible for treatment >. city discount; ;low and provide a copy of the estimate of the trees from the company. Email to: OCity staff wilLieview the application and if it's approved, will sign it, contact you li ;phone or email and send back the final form. Upon receipt, YOU m4y schedule treatment; and ,a c Treat, eiits are not retroactive and the application shall be approved by the City prior, to work commencing to be eligible for the bonus city discount. City of Andover Ash Injection Program "Bonus City Discount" Application DATE WC I T Y 0 F N D6 06 VWE 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: James Dickinson City Administrator FROM: Dana Makinen, Human Resources Mana SUBJECT: Accept Resignation/Retirement of Merl Prochniak, Maintenance Worker DATE: May 3, 2016 INTRODUCTION This item is to acknowledge the resigriation/retirment of Merlyn (Merl) Prochniak, Maintenance Worker, effective May 31, 2016. DISCUSSION Merl has worked full-time for the City as a Maintenance Worker in the Streets Department since 1998. He was a seasonal employee for 3 seasons prior to 1998. In April 2000, Merl was hired as the Streets Department Leadman. The Human Resources department would like to advertise and recruit candidates for this position BUDGETIMPACT None. ACTION REQUESTED The City Council is requested to acknowledge the resignation of Merl Prochniak and authorize Human Resources to begin recruitment for a new Maintenance Worker. Respectfully submitted, ) Dana Makinen 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2017-2019 Urban County Requalification for participation in CDBG and HOME Programs DATE: May 3, 2016 INTRODUCTION Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG (Community Development Block Grant) and HOME (HOME Investment Partnership) programs. Part of that process includes communicating with participating communities of their option to be excluded from the Anoka County "Urban County" qualification. DISCUSSION Currently the City of Andover participates in the Anoka County "Urban County" program and has been successful over the past years in receiving funding from the CDBG program and has benefited significantly from the County's HOME neighborhood stabilization program. Attached to this staff report is a letter from Anoka County explaining the requalification process and what the City of Andover needs to do to remain as an opt -in community. Staff is recommending that the City Council continue as a participating community. To opt -out and qualify for the programs as an "urban community" the City would need to have a population of over 55,000 otherwise the City would roll into the state-wide program managed by the State of Minnesota Department of Employment and Economic Development (DEED). ACTION REQUESTED Approve the current opt -in status that allows the City to participate in the Anoka County CDBG and HOME programs. ted, A Anoka County COUNTY ADMINISTRATION Community & Governmental Relations Renee Sande Community Development Manager Phone: 763.323.5714 E-mail: renee.sande(fto.anoka.mmus April 11, 2016 City of Andover ATTN: Jim Dickinson 1685 Crosstown Boulevard NW Andover, MN 55304 RE: 2017-2019 Urban County Requalification for participation in the following HUD Programs: -CDBG (Community Development Block Grant Program); and -HOME (HOME Investment Partnerships Program) Dear Mr. Dickinson: 0 Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG and HOME programs. We are currently preparing our requalification for federal fiscal years 2017 through 2019. As part of this requalification process, the county is required to notify participating communities of their option to be excluded from the Anoka County "Urban County" qualification for these funding years. Action is required from your city as part of this process. IF YOU CHOOSE TO REMAIN A PARTICIPATING COMMUNITY (OPT -IN): The following will continue to apply: • The grant process for your city will remain the same as it is now for CDBG and HOME programs, and; • Your city will continue to be ineligible to apply for individual grants through the HUD Small Cities or State CDBG and HOME programs; • The Cooperation Agreement will automatically renew for another three-year period of time. IF YOU CHOOSE NOT TO REMAIN A PARTICIPATING COMMUNITY (OPT -OUT): • Your city will be able to apply for grants individually through the HUD Small Cities or State CDBG and HOME programs, but you will not be eligible to receive funds through Anoka County for federal fiscal years 2017 through 2019 il -7 7 Jim Dickinson April 11, 2016 Page Two You are required to notify Anoka County in writing by May 11, 2016, of your intent to terminate the agreement at the end of the current qualification period. The notification of intent should be sent to: Anoka County Community and Government Relations ATTN: Renee Sande West Courthouse 325 East Main Street, Suite W-250 Anoka, MN 55303 Thank you for your prompt attention to this matter. If you have any questions or need additional information, please feel free to contact me at 763-323-5714 or renee.sandegco.anoka.mn.us S' erely, Renee Sande Community Development Manager C I T Y O F ' 11 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 Directot FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Surplus Equipment DATE: May 3, 2016 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the sale of these items through a State of Minnesota authorized process. • Four (4) wheels & tires, 26 x 12.00-12, 8 ply. • 1991 Advance Tiger Cat 4500 floor sweeper/scrubber #324, model #462000, propane powered • Two (2) Mack bumpers w/ hardware (2011 & 2016) • 1997 Jari 4ft sickle mower #79 • Sweepster 68" pto driven broom, model #HFAC6H • Eight (8) light fixtures, 15" wide x 12.5" high x 7.5" deep w/ four galvanized mounting brackets • Seven (7) wood light poles, 30' long • Philadelphia mixer w/ 1-1/4" by 7' stainless steel shaft w/ two propellers • Six (6) Watson Marlow Bredel Pumps SP/15,'/4 hp motors — five used and one new • Two (2) Watson Marlow Bredel Pumps SP/10,'/4 hp motors — two used DISCUSSION These items no longer in use, outdated, and/or have been replaced and no longer needed by staff. BUDGETIMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUESTED Staff is recommending that the City Council declare all items as surplus property and authorize the sale through a State of Minnesota authorized process. Respectfully submitted, /e- -; Lee Brezinka NDOVE101 � C�j 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CLANDOVER. MN. US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Makinen, Human Resources Manage SUBJECT: Authorize RFP-Agent/Broker of Record City's Employee Benefits Program DATE: May 3, 2016 The City currently uses a Broker/Agent of Record to assist the City in working with/negotiating with various Insurance agencies for the City's employee benefit programs. DISCUSSION The City of Andover currently is using Johnson McCann Benefits, LLC in St. Paul as its Agent/Broker of Record for the City's Employee Benefits program. The City of Andover has not requested proposals for Agent/Broker of Record services since 2011. It is generally a good practice to request proposals for services from time to time and due to the length of time of reviewing other agencies, requesting proposals for Agent/Broker of Record would be appropriate. BUDGET IMPACT The annual insurance budget for 2016 is $516,129.36. The commissions for Agent/Broker of Record are part of the premiums paid. The Andover City Council is requested to authorize staff to request proposals for Agent/Broker of Record services for the City's Employee Benefits Program. Respectfully submitted, Dana Makinen • F:..;. ! C I T Y LNDOVEW �i - I 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 �� y David L. Carlberg, Community Devo`oNnent Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Public Hearing - Vacation of Drainage and Utility Easement —1189 162"d Avenue NW — Tony Peterson - Planning DATE: May 3, 2016 INTRODUCTION The property owner is seeking to vacate five (5) feet of the existing rear yard drainage and utility easement across parts of his residential lot located within the Country Oaks West development. The location of the vacation is attached for your review. DISCUSSION The property owner is requesting the vacation of easement to increase the usable area in the rear yard for the installation of fencing and concrete patio area for the in -ground pool that will be constructed this spring. There is an existing ten (10) foot rear yard drainage and utility easement. This met the Andover City Code requirement at the time the subdivision was platted. In January 2013, City Code 11 - 1 General Subdivision Provisions was amended to require a five (5) foot rear yard drainage and utility easement. Therefore, the requested vacation of easement will comply with the current regulations in City Code. Engineering staff reviewed the request and find the request acceptable. ACTION REQUESTED The Council is asked to hold a public hearing and approve the proposed vacation of drainage and utility easement. Attachments Resolution Location Maps City Code 11-1-5 Easements to be Dedicated ectyu tted, Stephanso City Planner Cc: Tony Peterson, 1189 162nd Ave NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 1189 162nd AVENUE NW, LOT 18, BLOCK 6, COUNTRY OAKS WEST, SHOWN IN EXHIBIT A AND LEGALLY DESCRIBED AS: The South 5 feet of the North 10 feet, except the East 10 feet thereof and except the West 5 feet thereof WHEREAS, the property owner has requested to vacate the described drainage and utility easement; 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 drainage and utility easement. Adopted by the City Council of the City of Andover on this 3rd day of May, 2016 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. ATTEST Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor EXHIBIT A HY-LAND SURVEYING, P.A. LAND SURVEYORS 11947 Idaho Ave. N. Champlin, Minnesota 55316 INVOICE NO. 33854 PHONE (763) 323-1300 F.B. NO. SCALE 1"= --301— N FAX (763) 323-7035 hylan dsu rvey0q we stoffice. n e t Surveyors Certificate W�' E O Denotes Iron Monument Set NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR S TONY PETERSON N 88'06'47" W 84.25 N 5 EASEMENT TO&BE VACATrn� 10 EXISTING RESIDENCE �3 67.28' S 89'41'18" E Concrete Curb 162ND AVE. NW a 0 DRAINAGE AND UTII ITY EASEMENT TO BE VA A D That part of the Drainage and Utility Easement over, under and amass the following described property. The South 5 feet of the North 10 feet of Lot 18, Block 6, COUNTRY OAKS WEST, according to the duly recorded plat thereof, except the East 10 feet thereof and except the West 5 feet thereof. Lot 18, Black 6, COUNTRY OAKS WEST in survey Is certified only to the above named person or persons �d not to subsequent owners, mortgages or fill, Insurers e onlyy ea.ament. shown are from plate of «card of Information provided by client bugCing dineneims and floor elevotlans must be vadried by client hereby certify that this survey wasprepared by me or under ly direct supervision, and that I am a duly Registered Land arveyor under the laws of the State of Minnesota. Signed urveyed by us this 18TM day of APRIL 2016 Milton E. Hyland, Minn. Reg. No. 20262 AN,OVER 1189 162nd Avenue NW Location Ma 1657 161STAVENW 161STAVENW 15943 16 125 162119 16231 16347 16176[1617 1363 16157 1487 1'6164 167 461.41 16138 i �; 16129 1376 1'6118 161'17 161 STAVE NW /61ST AVE NW L 16157 1374 1 1326 Date Created: April 26, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 6 5 01YNDLN N W 1664 1LO6I5 a 162NDAVENW 162ND AVf NW ~ I I 111 /liT�i llCcl 116132 b16127 � l � 1177 1612416119 1055 161 ST AVE NW[A]0 161ST AVE NW 4 16093 16082 16066 = 4 16063 16050 4 16034 1127 15991 8 1.255 ��-1091 ANP, ,OVER Date Created: April 28, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. +, 11-1-5: EASEMENTS TO BE DEDICATED: Dedication Of Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights-of-way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties.Lots served by municipal services shall have a minimum 5 -foot drainane and utility PasPmantc alnnn tha drip Tront and rear lot lines. Lots without municipal services shall have 10 -foot drainage and utility easements along all property lines. Easements for trails and vehicle maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355; Amended Ord. 426, 1/2/13) B. Submission To City Council: Prior to the submission of a final plat, Registered Land Survey or land subdivision to the City Council for approval, the subdivider shall furnish the City with all easements for trails maintenance access, and such other public uses as shall be found to be necessary, convenient or desirable by the City. Said easements shall be inproper form for recording in the office of the County Recorder. Duplicate certificates of title shall be made available for the filing of easements on registered land. No final plat shall be approved by the City l Council until there has been full compliance with this section. (Amended 9/18/07, Ord. 355) C. Necessity of Easement Determined: In the case where the land subdivision is to be approved administratively and the city determines that an easement is necessary as stated in this section, the City Council shall act on the subdivision to determine the need and extent of the easement to be dedicated. The subdivider shall furnish the City with all easements found to be necessary by the City Council. (Amended Ord. 10, 2-15-1972; Amended 9/18/07, Ord 355) 11-1-6:. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES: A. Restrictions On Filing And Recording: 1. No conveyance of land to which these regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds ''Or by reference to an unapproved Registered Land Survey made after April 21, 1961, or to an unapproved plat made after such regulations became effective. This provision does not apply to a conveyance if the land described: a. Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, C I T Y O F ND. 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: FROM: SUBJECT: DATE: Jim Dickinson, City Administra David L. Carlberg, Community Stephanie L. Hanson, City Planner ;tor Public Hearing - Vacation of Vehicle Maintenance Access Easement - Country Oaks North — SW Land, LLC -Planning May 3, 2016 INTRODUCTION SW Land, LLC is seeking to vacate a Vehicle Maintenance Access (VMA) Easement over, under, and across a portion of Lot 13, Block 2, Country Oaks North as depicted on the attached easement vacation exhibit. DISCUSSION The original Country Oaks North plat Lot 13, Block 2 has a twenty (20) foot VMA. As part of the grading plan for Country Oaks North 2nd Addition, the developer also revised the grading plan for Country Oaks North. The revised grading plan provides a combined storm water pond for both developments. Therefore, it has been determined that a ten (10) foot VMA for Lot 13, Block 2, Country Oaks North and a ten (10) foot VMA for the lot directly to the north, located within the Country Oaks North 2nd Addition will meet the access requirements. As part of the platting process of Country Oaks North 2nd Addition, the developer will be required to dedicate a ten (10) foot VMA for this particular lot. The Engineering Department has reviewed and approved the revised grading plan. ACTION REQUESTED The Council is asked to hold a public hearing and approve the proposed vacation of easement. Attachments Resolution Easement Vacation Exhibit Location Map Country Oaks North Plat Respectful) sub 'fled, Stephanie L. Hanson City Planner Cc: SW Land LLC, 4065 Chelsea Rd W, Monticello, MN 55362 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF EASEMENT FOR VEHICLE MAINTENANCE ACCESS ON COUNTRY OAKS NORTH, LOT 13, BLOCK 2 LEGALLY DESCRIBED AS: A perpetual easement for maintenance vehicle access over, under and across the south 10 feet of the north 20 feet as shown on Exhibit A WHEREAS, SW LAND, LLC has requested to vacate the vehicle maintenance access easement legally described above; and WHEREAS, a public hearing was held and there was no opposition to said 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 vehicle maintenance access easement. Adopted by the City Council of the City of Andover on this 3rd day of May, 2016 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. A new vehicle maintenance access easement shall be dedicated as part of the Country Oaks North 2"d Addition plat. The ten (10) foot easement will be located on the most southern property line on the proposed lot located directly north of Lot 13, Block 2 Country Oaks North. The vehicle maintenance access easement shall be recorded at Anoka County. ATTEST Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor EXHIBIT A COUNTRY OAKS NORTH MAINTENANCE VEHICLE ACCESS EASEMENT AGREEMENT PROPOSED VACATION EXHIBIT CITY OF ANDOVER, MINNESOTA rl iTi r. i—Ir ��i i A ^r -- N. LINE OF THE SW 1/4 OF THE SE 1/4 _ /---N. SEC. 11, TWP. 32N, RGE 24W DRAINAGE &UTILITY & 1 0 VMA EASEMENT IN82°20't� `l " L_128.06, R-800.0 1 59.89 t,=9°1017" 11167TH 1i " L_86_65^`/ � o av 10 C 104. 10 NW w 101.13 /I / L_ Z 33 33 _?0.00 NI w1Z1 N W DESCRIPTION OF MAINTENANCE VEHICLE ACCESS EASEMENT, COUNTRY OAKS NORTH TO BE VACATED: A perpetual easement for maintenance vehicle access over, under and across the south 10.00 feet of the north 20.00 feet of Lot 13, Block 2, COUNTRY OAKS NORTH, Anoka County, Minnesota 'Affects Exhibit signed 7/14/14 N LEGEND Ras.I.d MmM n.. V.hid. Axes Easement ® MONln Vehicle E T° Be VacateE JUtf NU.: 2013-048 I SCALE: 1"=80' 180.0 I� r; co L 180.00 1, to0 m 1 0 0 L m L — 180.01 ENGINEERING SURVEYING ENVIRONMENTAL PLANNING I HEREBY CERTIFY THAT THIS PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL SURVEYOR UNDER THE LAWS DATEDATE l02 POl2016 LS 02/06/2016 REGISTRATION NUMBER 41076 DRAWN BY. LCC rl ANT ,�„o„vER Location Map 0 + a a 3 z 0 z O 167TH AJE W �4 3 2 O O 2 Q_ z 2 O 2 O Q JIP 2 4P N A STAVE NW 161ST AVE NW 161ST AVE NW 161St AVE 4l:' 161ST AVE p 171 3 z z 0 i a 0 fVF mt Date Created: April 28, 2016 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. rvrow Alr_rnRWnsar mPs¢pflE9FN16.TnnIRw.Iwna.Ltp,.xmnx.mmnka MemtlromPnm,mnecrol NnmLmmoaxxm.a pwpenr. lAaeeWmeN W WI nl W cougrW puEllXd9eMn II.TermNOss,pmpEll.MeVa PuwY,MYwvda AL90 xaMnn WIWa�,paan�Wmi.egN.selMunryvle.dsuvon LE,rennwPEV E.nnullpvwr,uM.11nsw.wnel,t.l wu 6,eeleu,mlpm 4xJ W, Mek 4Mly, AMnewY. Hx uvaea Nvemvlep..ulurva ugpvtlMu WIIpIgYpANerypglry ygyu rygobYa[dnnlo to Nopuhk lorpuhkuxlAepupb'xew ena Pe GaX.pe ene uLYIY aemellle a dcnn EY we pS4 InrAtnne nM1xq rw 9,w. 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COUNTRY OAKS NORTH IKVIIY % `t VI JL I /4 bCv` i \'a vA I<J \ i CITY OF ANDOVER COUNTY OF ANOKA SEC. 11, TWP. 32, ROE. 24 49 Eli,01'EI 4n.i YIV IL'JI LMWObeEMa110.HkNp ANDOVEA T Y O F 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Consider Classifying Dangerous Dog/2045-142"d Lane NW DATE: May 3, 2016 ACTION REQUESTED The City Council is requested to consider adopting the attached resolution declaring the Rottweiler, Chloe a dangerous dog and provide direction on whether a hearing should be scheduled to declare a "nuisance" and also the option to require abatement. INTRODUCTION The following is a chronology leading to this request: June 30, 2013 — police report stated a dog from 2045-142"d Lane was at large. The Deputy spoke with the dog owner Shellie Langmade. September 11, 2014 —police report stated a Rottweiler at large. Deputy witnessed the dog at 2045-142"d Lane run into the street barking aggressively at him and his squad. A citation was issued to Ms. Langmade. October 18, 2014 — police report stated an aggressive dog running at large. When the Deputy arrived the dog was back in its yard. The dog lives at 2045 -142nd Lane. Deputy spoke with dog owner Ms. Langmade. May 1, 2015 — the Deputy City Clerk received a complaint regarding a dog at large, the dog lives at 2045 -142nd Lane. May 4, 2015 — the Deputy City Clerk sent a letter to the dog owner regarding a running at large complaint and the dog not having a current city dog license. June 8, 2015 — Ms. Langmade obtained a city dog license for her Rottweiler, Chloe. September 9, 2015 — police report stating the dog from 2045 -142nd Lane ran out of its yard, into the street and attacked a dog walking by with its owner. September 17, 2015 — a notice of "potentially dangerous" dog was issued by the Anoka County Sheriff's Office. September 17, 2015 —police report dog at large from 2045-142"d Lane. Deputy drove through the neighborhood twice, did not see any dog. September 18, 2015 — the Deputy City Clerk received two separate complaints regarding the dog at 2045 -142nd Lane running at large and knocking down a 13 year old girl who was walking her Beagle. September 18, 2015 — the Deputy City Clerk sent another letter to Ms. Langmade regarding her dog running at large. September 21, 2015 — the Deputy City Clerk sent a letter to dog owner Ms. Langmade deeming her Rottweiler. Chloe as "potentially dangerous" due to an incident on September 9, 2015 where Chloe bit another dog. September 26, 2015 — received a complaint that Chloe was running at large in the neighborhood. September 29, 2015 — the Deputy City Clerk sent a letter to Ms. Langmade regarding her Rottweiler, Chloe running at large. This complaint was received after Chloe had been declared "potentially dangerous" September 21, 2016. April 24, 2016 —the Deputy City Clerk received a complaint on the Rottweiler, Chloe who lives at 2045-142° Lane. Chloe attacked a dog walking by. April 24, 2016 — police report, Rottweiler, Chloe who lives at 2045 -142nd Lane attacked a dog walking with its owner. Citation was issued. April 26, 2016 — a notice of the hearing was delivered by a CSO to Ms. Langmade. It should also be noted; Chloe's city dog license is current. DISCUSSION Attached are police reports and correspondence explaining the circumstances of various incidents with this dog. In the City Administrator's opinion, it appears that the owner of the dog is not taking reasonable attempts to properly control/restraint a "potentially dangerous dog" and based on the April 24, 2016 incident has requested at a minimum a "dangerous dog" declaration and requires the dog owner to comply with the dangerous dog provisions. By declaring the dog "dangerous", if the dog is removed from the City, it must be registered as a dangerous dog in its new jurisdiction. Administration also recommends the Council consider the option to declare the dog a "nuisance" since based on the history the dog meets the definition and possibly require abatement. If the Council concurs a public hearing will be scheduled for the May 17"' City Council Meeting. Ms. Langmade had been informed of the time and place of this meeting and may appear to provide testimony. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Police reports, "Potentially Dangerous" Letter, Correspondences, City Code, Resolution CC: Shellie Langmade, 2045-142❑d Lane NW, Andover MN 55304 TCR for Case 13143493 Page 1 of 1 ANOKA COUNTY SHERIFF'S OFFICE J2-1 E NUMBER 13301 HANSON BLVD NW, ANDOVER MN 55304 ADD'LPAGEME CLASSIFICATION CODE DISP CLASSFWAT70N CODE DISP ANIMAL COMPLAINT- DOG ON LOO 99573 S CLASSIFICATION CODE 'OSP CLASSff1CAMON CODE DISP CLASSIFOTION CODE LISP CLASSIFICATION CODE DISP REPORTING OFFICER($) C8014 ARTHUR, MICHAEL DATEREPORTED ASSIGNED ARRIVED CLEARS EARUESTOATElTI EOCCURRED LA ESTDAMTIMEOCCURRED 6130/2013 1160 1256 1303 LOCATION OF OFFENSFANCIDENT APT d GRID VALUE STCLEN VALUE DAMAGED VALUE RECOVERED 2045'142 LN NW, ANDOVER, MN A50 $ $ $ AIJREPORTINGpARTY3NAME DATEOFBIRTH SEX RACE HOME PHONE A KRIS KARN0W5KI F ADDRESS APT OTY STATE 9P WORKPHONE 2114142 LN NW ANDOVER MN 65304 - NARRATIVE I WAS DISPATCHED AN ANIMAL COMPLAINTIDOG OFF LEASH. I MADE CONTACT SY PHONE WITH KRIS KARNOWSKI WHOSTATED THAT A NE{GHBORS DOG KEPS COMING OVER TO HER PROPERTY AND RUNNING DOWN THE STREET. KARNOWSKI ADVISED ME OF THE ADDRESS OF THE OWNER OF THE DOG, I ARRIVED AT 2045142 LN NW AND MADE CONTACT WITH SHELLIE LANGM40E WHO ADVISED ME THAT SHE KNOWS OF THE ISSUE AND IS GETTING AN UNDERGROUND FENCE PUT IN NEXT WEEK. I ADIVISED LANGMADE OF THE ANDOVER CITY ORDINANCES. LANGMADE'S DOG 18 A ONE YEAR OLD ROTTMELER, BLACK WITH A BROWN FRONT STRIPE, NFA. CLEAR. CSO ARTHUR 7/2113 W AM CM IDG8 SEX RACE HGT WGT HAIR EYES A 0 SHELLIELANGMADE F I I I ADDRESS APT CITY STATE ZIP 2045142 LN NW I ANDOVER I MN 55304 - ALIAS HOME/ BUS PHONE WORK12NORUSPHONE CELLfPAGER.IFAX AIJIU CODE NAME DOB SEX I RAGE HOT .WOT I HAIR EYES ADDRESS" APT ally STATE ZAP ALIAS HOME/BUSPHONE WOW12ND BUS PHONE GELLIPAGERIFAX AVID I CODE NAME DOS SEX RACEHOT WGT I MR I EYES ADDRESS I STATE ZIP AUA3 HOMEIRUSPHONE WORKI2NDBUS PHONE CELLIPAGER/FAX AWL) I CCDE NAME DOB SEX I RACE NGT I WOT I HAIR EYES ADDRESS APT CITY STATE ZIP ALIAS NOMEIBUSPHONE WORKV2ND BUS PHONE CELLIPAGERIFAX ENTRY 1 ENTRY ENTRY$ I ENTRY4 SUPERVfSOR COPYTO RELATEDOASE.NUMBERS https:llaccr,ci.coon-rapids.mn,uslier.asp?Case Number-131A3493&jurisdiction=MN002... 09/28/2015 IC17 for Case 14197470 Page 1 of 1 ANOKA COUNTY SHERIFF'S OFFICE I 13301 HANSON BLVD NW, ANDOVER MN 55304 1 jcq CASE NUMBER 14197470 ADDL PAGE CLASSIFICAnON ANIMAL COMPLAINT- DOG ON LOO CODE DISP 09573 T UASSINCATION CODE COP CLASSIFIGATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP 40VMIFMTION CODE 78P REPORRNG CFF CER(S) 19042 QUINN, SHANE D'ATEREPORTED 9!1112014 ASSIGNED ARRIVED 0911 0930 CLFM EA14 0933 [ESTDATEalME OCCURRED LATEST DATERIMEOCCURRED LOCATION OFOFFENSONCIDENT AFT# 2100 BLOCK 142 LN NW, ANDOVER, MN GRID A50 VALLESTOLEN $ VALUEDAMAGED $ VALUERECUYERED $ A/J REPORTINGPARTY'8NAME DATEOFORMH SFX RACE HOMEPHONE ADDRESS APi CITY STATE ZIP WOWPHONE NARFATNE I RESPONDED TO THE ABOVE AREA REGARDING A ROTTWEILER AT LARGE. I ARRIVED AND LOCATED A ROTTWEILER IN THE FRONT DRIVEWAY OF 2045142ND. ALTHOUGH IT DIDN'T HAVE A SHOCK COLLAR ON, IT APPEARED AS THOUGH HE WAS STAYING IN ITS YARD"AS IF IT WAS WEARING AN INVISIBLE FENCE COLLAR. I STAYED IN THE AREA AND WATCHED THE DOG. EVEN AS ANOTHER DOG WAS BARKING ACROSS THE STREET, THE ROTTWEILER STAYED IN ITS YARD, HOWEVER, WHEN I DROVE PAST THE HOUSE, THE RDTTWEILER CAME OUT OF ITS YARD INTO THE STREET AGGRESSIVELY BARKING AT ME AND MY SQUAD, I RESPONDED TO ANOTHER CALL AND MAILED SHELLIE A CITATION 0020014032266. _ UEP_UTY QUINN :KH 9117114 CC: CLERK OF COURT ANAL I CODE NAME DOB SEX RACE H4T WGT MM2 EYES S SHELLIE LEE LANGMADE W 508 160 8LU ADDRESS JAPT CfTY STATE ZIP 2045142 LN NW ANDOVER MN 55304 - ALIAS HOME13USPHONE WORKf2NDBUSPHONE CELLJPAGERIFAX AlJlU CODE NAME DOB I SEX I RACE HGT WOT HAIR S ADDRESS APT I CITY I STATE I ZIP ALIAS HOMEIBUSPHONE WORK 2ND WS PHONE CELLIPAGERIFAX AEYU CODE NAME DOB SEX RACE HOT I WOT I HAIR I EYES ADDRESS APT GTY STATE IIP ALIAS HOMEIBUSPHONE" WORKI2NDBUS PHONE CELLIPAGERlFAX All CODE NAME DOS SEX I RACE HGT I WGT I HAIR I EYES ADDRESS APT Litt STATE I ZIP ALIAS HOMEIBLISPHONE 7121DSUSPHONE CELLI.PA=IFAX ENTRYI I ENTRY2 ENTRY3 EHR{Y4 SUPERVI80R CDPYTO REIATEDCASE N'IMAERS: htips.ilaccr.ci.coon-rapids.mt>.us/ior.asp?Case Numbu--14197470&furisdiction=MN002... 09/2812015 ICR. for Case 14227808 Page 1 of 1 ANOKACOUNTY SHERIFFS OFFICE I 13301 HANSON BLVD NW, ANDOVER MN 55304 1 J I CASE NUMBER 14227808 ADD'L PAGE CLASSIFICATION CODE ANIMAL COMPLAINT- DOG ON LOO 09573 DISP CIASSIRCATION S I CODE 015P CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE OW CLASSIFICATION CODE DISP REPORTING OFFICrR(S) CS019 HALLBERG, RYAN DATE REPORTED ASSIGNED ARRIVED CLEARED 10/1812014 0830 0905 0917 EARIJESTDATEMMEOCCURRED LATEST DATE ME-OCOLIRRED LOCATION OF OFFENSFANCIDENT 2069142 LN NW, ANDOVER, MN 55304- APT I GRIDYALUESTOLEN A00 VALUE $ DAMAGED VALUE RECOVERED $ $ NJ REPORTING PARlYS NN+IE DATE OF BIRTH SEX RACE H011E PHONE ADDRESS APT GTY STATE ZIP WORKPHONE NARRATIVE ANONYMOUS RIP REPORTED A LOOSE, AGGRESSIVE DOG IN THE AREA OF L01. ARRIVED AND LOCATED THE DOG IN THE FRONT YARD OF 2045142 LN NW. THE DOG WAS VERY FRIENDLY. I SPOKETO THE DOG OWNER REGARDING THE COMPLAINT. DOG OWNERADVISED THAT HER DOG MAY HAVE BROKEN OFF THE CHAIN. BECAUSE I DIDN'T SEE THE DOG RUNNING OFF PROPERTY, I ADVISED THE DOG OWNER TO KEEP AN EYE ON THE DOG WHILE THE DOG' IS OUTSIDE, DOG OWNER COMPLIED. CLEAR. DOG: FEMALE ROTIWEILER, CHROME CHOKE COLLAR, VET TAGS. CSO HALLBERG W 10/20/14 AM I CODE I NAIME IDW SEX RACE HGF WGT I HAIR I EPEE A 0 SHELLIE LEE LANGMADE F W 508 160 BLU ADDRESS APT CITY I STATE ZIP 2045142 LN NW ANDOVER MN 55304 - ALIAS HOME/BLFSPHONE WORK12ND BUS PHONE CELLIPAGERIFAX AWU I CODE I NAME DOB SEX RACE I HGT WGi I HAIR I EYES ADDRESS APT GTY STATE ZIP ALIAS H EISUSPHONE WORK12NDBUSMONE CELLIPAGERIFAX AfJN CODE NAME DOB SEX I RACE HGT WGi I HAIR I EYES ADDRESS APT CITY STATE ZIP ALIAS HOMEIBUSPHONE WORK12ND BUS PHONE CELLIPAGERIPAX AJ&U 1 CODE NAME 000 SEX I RACE HGT IMT I HAIR I EYES ADDRESS APT I CITY STATE 7JP ALIAS HOMEIBUSPHONE W=12ND BUS PHONE CELLIPAGERIFAX ENTRYI ENTRY2 ENTRY3 ENTRY4 SUPERVISOR COPYTO RELATED•CASENUMBERS: https://acer.ei.coon-rapids.rnn.us/ior.asp?Case Nwnber14227808&Jinisdi.ctioa—MN002... 09/281201.5 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Date Address of Type of Is dog licensed? NO Name of complainant Telephone Number_ DOGICAT COMPLAINT `-- /�lg/V U 6AEllie 1a,�44a� Description of dogicat _ r Notes d, :r .r. 1.f ANLb Y O F ova A. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVE RMN.GOV May 4, 2015 Shellie Langmade 2045-142`d Lane NW Andover, MN 55304 Dear Ms. Langmade: We have received a complaint that your dog is being allowed to run at large. As stated in the City of Andover Code 5-1 A, this behavior is considered a nuisance. I have enclosed a copy of the code for your review. All dogs in the City must be licensed with the city. Our records indicate that your dog is not city licensed. If your dog is not Iicensed within 7 business days from the date of this letter, you will be issued a citation by the Sheriff's Office. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please contact me at 755-5100. Sincerely, Michelle Hartner Deputy City Clerk Enclosure ICR for Case 15193843 Page 2 of 3 SUPPLEMENT OFFICER: 17182 SABO, JUSTIN ON 09-10.15 AT 1844 HOURS I, DEPUTY J. SABO #211 WAS DISPATCHED TO CALL REGARDING FOLLOW UP TO THIS CASE. LYNN HELENE BURNS' WIFE OF THE ORIGINAL RP, STATES HER DOG WAS FAVORING HIS RIGHT HIND LEG TODAY, AND UPON CHECKING, THEY DID NOTE A VISIBLE BITE MARK. HER HUSBAND THOUGHT HE HAD PICKED UP THEIR DOG, "VINNIE' (4 YEAR OLD MALE JACK RUSSELL) IN TIME BEFORE THE OTHER INVOLVED DOG BIT HIM, BUT APPARENTLY HE WAS NOT QUICK ENOUGH. IT IS MY INTENT TO COMPLETE A POTENTIALLY DANGEROUS DOG FORM AND SEND IT TO THE CITY. THE ORIGINAL REPORT WAS NOT AVAILABLE IN VISIONS FOR ME TO REVIEW FOR THE PERTINENT INFORMATION NEEDED FOR THE DOG FORM, NOR COULD I MAKE CONTACT WITH SHELLIE BY PHONE. A MESSAGE WAS LEFT FOR HER TO CONTACT ME AS OF THE TIME OF THIS REPORT. I WILL CONDUCT FOLLOW UPON MY NEXT SET OF DAYS ON (STARTING NEXT WEDNESDAY) TO GET THE APPROPRIATE INFORMATION TO COMPLETE AN SUBMIT THE FORM. SHELLIE HAD STATED TO ME THE DOG WAS LICENSED AND HAD CURRENT SHOT RECORDS. CLEAR, NFAT. DEPUTY SABO KW: 09.15-15 CC, CITY OF ANDOVER SUPPLEMENT OFFICER: 17182 SABQ JUSTIN 09/17/2015 AT 2155 HOURS I, DEPUTY J_ SABO #211, COMPLETED A NOTICE OF POTENTIALLY DANGEROUS DOG IN REGARDS THIS CASE AND SUBMITTED IT AT THE OFFICE TO BE ENTERED AND FORWARDED TO THE CITY AND DOG OWNER. CLEAR, NFAT. DEPUTY SABO KW: 09-18-15 CC: CITY OF ANDOVER AWU A I CODENAME R DO6 DONALD CHARDS BURNS SEX M RACE W HOT WGT HAIR EYES ADDRESS 2151 142 AVE NW APT CITY ANDOVER STATE I MN LP 55304 - ALIAS HOMEIBUSPHONE WOW12ND BUS PHONE CELL I PAGER I FAX AM I A-10 CODE I NAME DOB SEX RACE SHELLIE LEE LANGMADE F W HOT 508 WG7 164 HAIR BLK EYES BLU ADDRESS APTCIN 2045142 LN NW ANDOVER STATE nP MN 55304- ALM HOMEIBUSPHONE WORKMOSUSPHONE CELLIPAGERIFAX AUVU I CODE NAME DOB SEX RACE HOT WGT HAIR EYES ADDRESS APT CITY STATE I ZIP https://accr.ci.coon-rapids.mn.us/icr.asp?Ca--c-Number--1 5193 843&Jurisdiction--MN002... 09/18/2015 ICR for Case 15193843 Page 1 of 3 ANOKA COUNTY SHERIFF'S OFFICE 1 JC CASE NUMBER 13301 HANSON BLVD NW, ANDOVER MN 55304 15193843 1 AQIYLPAGE4 CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP ANIMAL COMPLAINT - DOG ON L00 09573 S `= CLASSIFICATION CODE DISP OLASSIFICATKRJ =ODE ISP COVE DISP CLASSIFICATION CODE DISP REPORTING OFFICERISI 17182 SAGO, JUSTIN DATE REPORTED ASSIGNED ARRIVED CLEARED EARUEST DATEITIME OCCURRED LATEST DATERIME OCCURRED 91912015 1828 1859 LOCATION OF OFFENSEIINCIDENT APT# GRID VALUE570LEN VALUE DAMAGED VALUERECCVEREO 2045142 LN NW, ANDOVER, MN 55304- A50 $ $ $ AN REPORTING PARTY'S NAME I DATE OF BIRTH SEX RACE HOME PHONE A LYNN HELENE BURNS I F W 5 ADDRESS APTCITY STATE ZIP WORK PHONE 2151142 AVE NW ANDOVER MN 55304 - NARRATIVE PHONE CALL REPORT REGARDING AN AGGRESSIVE DOG AT LARGE. CALLED AND SPOKE WITH DONALD CHARLES BURNS I ; WHO UVESAT 2151 142 AVE NW, HE STATES THAT AT APPROXIMATELY 1740 HOURS HE WAS WALKING HIS DOG DOWN THE STREET, ACROSS FROM THE LOL THE 3 YEAR OLD FEMALE ROTTWEILER (BLACK WITH A BROWN FRONT STRIPE) NAMED CHLOE FROM THE L01 RAN OUT FROM THE YARD INTO THE STREET BARKING LOUDLY, TRYING TO BITE THE CALLER'S DOG. HE PICKED UP HIS DOG AND AVOIDED CONFRONTATION, HE LATER ARGUED WITH THE DOG OWNER, IUD AS 'SHELLIE' ABOUT KEEPING THE DOG ON A LEASH. DONALD STATES THIS IS A CONTINUOUS PROBLEM, AND HE HAS TALKED WITH SEVERAL OTHER NEIGHBORS WHO HAVE HAD SIMILAR PROBLEMS WITH CHLOE. HE WANTS SOMETHING TO BE DONE BEFORE SOMEONE GETS SIT BY THIS DOG. I ADVISED HIM I WOULD MAKE CONTACT WITH THE OWNER AND ADVISE THE CITY OF MY FINDINGS. I CALLED AND SPOKE WITH SHELLIE LEE LANGMADE - '_ _. SHE STATES HER GRAND -DAUGHTER ACCIDENTLY LET CHLOE GET OUT AND THAT SHE HAD INDEED GOTTEN INTO AN ARGUEMENT WITH ONE OF HER NEIGHBORS ABOUT THE INCIDENT. SHE STATES CHLOE IS LICENSED WITH THE CITY AND HAS ALL HER SHOT RECORDS. I NOTED IN OUR RECORDS SYSTEM THAT SHELLIE HAS HAD 3 CONTACTS WITH OUR OFFICE REGARDING THE SAME ISSUE SINCE 2013. IN 2014 SHE WAS CITED FOR THE DOG AT LARGE AFTER IT CHASED A SQUAD DOWN THE STREET, SHE WAS ADVISED THAT SHE WOULD BE CITED UNTIL SHE LEARNED TO CONTROL HER DOG, GIVEN THAT THIS IS A CONSISTENTLY DOCUMENTED ISSUE. RP WAS ADVISED 1 COULD NOT CITE FOR AN OFFENSE OF THIS NATURE WITHOUT HAVING PERSONALLY WITNESSED THE VIOLATION. HE WAS ADVISED TO TALK WITH HIS NEIGHBORSAND TO ALL REPORT EACH INCIDENT AS IT IS OCCURRING SO THAT L.E. CAN PROMPTLY RESPOND AND ADDRESS THE ISSUE AS IT IS HAPPENING. FORWARD TO THE CITY FOR THEIR INFO. CITY TO ADVISE IF THEY WISH A POTENTIALLY DANGEROUS DOG FOR TO BE COMPLETED, OR IFA LICENSE DOES NOT EXIST FOR THE DOG. CLEAR, NFAT. DEPUTY SABO KW 0944-15 GC: CITY OF ANDOVER https://accr.ei,coon-rapids.mn.uslier.asp?Case Number=15193843&Jurisdiction=MN002... 09/18/2015 NOTICE OF "POTENTIALLY DANGEROUS DOG" Date of Notification: 09/17!2015 ICR: 15193843 Name ofOwner: SHELLIE LEE I,ANGMADE Date of Birth: Address: 2045 142 LN NW, ANDOVER Click here to enter text. Home Phone: Cell Phone: Natne,afDog: CHLOE Breed: ROTTWEILER Color: BLA:C•1{.WITH A BROWN FRONT STRIPE Sex: M ❑ F /A8e: 3 YEARS Nidtered/Spayed:..0.. Yes Mtom+"�lUN Cl No or domestic animal was bAlen by above (log Gerson or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack- without provocation /The above said do has on the following dates in the as g g past attacked persons or other domestic animals w}'thout provocation: �(j bL M� Ay����� Date: Cluj;, here t enter1. a date.Time: Click- ether text ICR: Click,here to,enter text_, Date: Click here to -enter a date. Time. Click; here to enter text.ICR: Click to enter text. i 4r WIAI ' rW d Dated: 09/17!2015 Signed BY: Click litre to enter teat. a ut Name Title cc: City of Choose an item. ��(f� cc: Dog Owner Anoka County Sheriffs Office ICR for Case 15200459 Page 1 of 1 ANOKA COUNTY SHERIFFS OFFICE 13301 HANSON BLVD NW, ANDOVER MN 55304 JG CASENUMSER 15200459 ADD'LPAGE CLMIFICATION ANIMAL COMPLAINT - DOG ON LOO CODE 09573 DISP G CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DIST REPORTING OFFICER(S) 14639LARSON,SREK DATE REPORTED ASSIGNEDARRIVED 9117/2015 98.19 1829 CLEARED EARLIEST 1841 DATEITIME OCCURRED LATEST DATMIME OCCURRED LOCATION OFOFFENSEIINCIDENT APT# 2045142 LN NW, ANDOVER, MN 55304- GRID A50 VALUESTOLEN I VALUE DAMAGED $ $ VALUE RECOVERED $ AIJ RfPCRTING PARTY'S NAME DATE OF BIRTH SEX I RACE HOME PHONE ADDRESS APT I CIN STATE ZIP WORKPHONE NARRATNE ANONYMOUS REPORT OFA DOG OFF ITS LEASH AT THE ADDRESS. I DROVE THROUGH THE NEIGHBORHOOD TWICE DURING MY SHIFT AND.DIDN'T SEE ANY DOG. CLEAR, DEPUTY B.A. LARSON 1.14/1 R A/JN I A CODE 0 I NAME SHELLIE LEE LANGMADE DOB SEX F RACE W HGT WGT 508 160 HAIR BLX EYES BLU ADDRESS APT 2045142 LN NW CITY STATE I ANDOVER MN FJP 55304 - ALIAS NOME I BUS PHONE WORKI 2ND BUS PHONE CELLIPAGERIFAX AIJN 1 CODE NAME IDOB SEX I RACE HGT WDi I HAIR I EYES ADDRESS APT CITY STATE r ALIAS HOMEfBUSPHONE WORK/2ND BUS PHONE CELLIPAGERIFAX AIJN I CODE NAME DOB -SEX I RAPE HGT I WGT I HAIR I EYES ADDRESS APT I CITY I STATE 7JP ALIAS HOMEIBUSPHONE WORKI2NDBUS PHONE CELLIPAGEWAX AIJN I CODE I NAME I 009 SEX RACE HGT WGT HAIR I EYES ADDRESS APT I CITY STATE ZIP ALIAS HOMEIBUSPHONE us PHONE CeLLPPAGERIFAX ENTRY1 I EN7RY2 ENTRY3 ENTRY4 SUPERVISOR COPYTO RELATEDCASENUMBERS: https:llaccr.ci.coon-rapids.mn-uslior.asp?Case_Number=15200459&Jurisdiction=MN002,., 09/28/2015 CN66V9^ 9 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923. WWW.ANDOVERMN.GCV DOG/CAT COMPLAINT Date Address of dog/cat `a-04 c - Type of complaint Plnw% Is dog licensed?� Name of complainant Telephone Number_ Description of dog/cat Tj-II1� Notes }�(,t i 1 Vrk) L.d-A c,Dj 1 Qit AC I T Y * ~'i+" NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVE RMN.GOV DOG/CAT COMPLAINT Date "t- dau Address of daglcat V�R Type of Is dog licensed?. Name of complainant_ Telephone Number. Description of dog/cat w, 1 Y K - 1111111w, !,INA CITE OF DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-882-3 • WWW -AN DOVER MN.GOV September 18, 2015 Shellie Langmade 2045 -142nd Lane NW Andover, MN 55304 Dear Ms. Langmade: We have received a complaint that your dog Chloe is being allowed to run at large. According to the police report your dog is running into the street and is perceived aggressive towards people and dogs. As stated in the City of Andover Code 5 -IA, this behavior is considered a nuisance. I have enclosed a copy of the code for your review. If this continues to be an issue, as documented with the City and the Anoka County Sheriff's Office, 3 or more established nuisance violations could result in abatement. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please contact me at 755-5100. Sincerely, L Michelle Hartner Deputy City Clerk Enclosure A• ` o/bwr LN6 `;s 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755-5100 FAX (763) 755-8923 - WWW.ANDOVERMN.GOV September 21, 2015 Shellie Langmade 2045-142`d Lane NW Andover, MN 55304 Dear Ms. Langmade: Your Rottweiler, Chloe has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where the dog bit another dog on September 9, 2015. In the event your dog again aggressively attacks, bites or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, possibly including abatement. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, Michelle Hartner Deputy City Clerk Enclosure Michelle Hartner From: Sent: Saturday, September 26, 2015 10:49 AM To: Michelle Hartner Subject: 2045142nd Lane NW Attachments: image1.JPG; ATT00001.txt Hi Michelle, I'm sure you remember me, we talked about a week ago about the Rottweiler across the street from me (Shellie at 2045). I got a picture of her wondering around just now. + . Thanks! 1 n r f� .Mr � C i 'V ■ 5o b�' a�, aoi5 I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US September 29, 2015 Shellie Langmade 2045 -142nd Lane NW Andover, MN 55304 Dear Ms. Langmade: We received another complaint that your Rottweiler Chloe was running at large on September 26, 2015. As indicated in previous communication, attached Ietters dated May 4, 2015 and September 16, 2015, you were informed that complaints and police reports were received regarding your Rottweiler Chloe as being allowed to run at large. As stated in the City of Andover Code 5 -IA, this behavior is considered a nuisance. On September 21, 2015, Chloe was deemed a "potentially dangerous dog" in the City of Andover due to an incident where Chloe ran into the street and bit another dog. This will be your final warning, one more nuisance violation and City Council will be requested to approve abatement. If you have any questions, please contact me at 763-755-5100. Sincerely, Michelle Hartner Deputy City Clerk Enclosure Michelle Hartner From: Ryan Van Slooten Sent: Sunday, April 24, 2016 5:30 PM To: Michelle Hartner Subject: Dog Attack My name is Ryan Van Slooten and I would like to report an incident that I had with my dog being attacked today. I live at 2117 142nd Ln NW, and the dog in question is named Chloe who lives at the 2045 address on our block. I got your contact info from who lives across the street from Shellie and Vince (Chloe's owners), and she tells me you are familiar with Chloe already. So, here's what happened. I walk my dog that way almost every day and have had altercations with Chloe before. It has been awhile since the last one, but never has it been as bad as it was today. Luckily, there are no injuries to report, but it was intense. Shellie did not properly secure Chloe, using one of those screw in the ground type leashes. Chloe is a Rottweiler and is way too strong for something like that, and she should know that, as she's pulled them out before. As we walked past, Shellie couldn't get control of her in time and she barreled across the street at us, jumping on my dogs back, aggressively biting at her neck and shoulder areas. My dog, Bailey, is a German Shepard/Rottweiler/Border Collie mix, about 60 pounds. The only reason she didn't get hurt may very well be because of her elusive tactics. Unlike other times, where yelling directly at Chloe gets her attention enough to back off, today she was more aggressive, and not more unrelenting. The only way I got her to stop was by essentially kicking her in the face, which in the fracas, I wasn't able to get good contact, but just enough to get her attention and for Shellie to get over there to secure her. When the fight was over, a large tuft of Bailey's hair fell from Chloe's mouth. To my complete surprise, I could find no evidence of injury or blood on Bailey. In the ensuing conversation with Shellie, she initially tried to blame me, by suggesting that I should just walk a different way. That didn't get her anywhere with me, to say the least, so she made her usual excuses of Chloe being in heat, that she's such a good girl, the ground was wet so the tie -out came loose, etc., etc. I've heard all of this before. I did call the cops and they did come over, get my story, and they talked to them as well. He is filing a "potentially dangerous dog" report and may be sending them a citation in the mail. Several neighbors witnessed the attack, like so many others before it, and were terrified watching it go down. We are a pretty tight knit group around here and are all really tired of their irresponsibility with their dog, and many other things. I couldn't, in good conscience, let it go this time. I've not seen Chloe quite that aggressive before. Not that it was ever acceptable, but the other altercations were quick, easier to control, and I didn't feel as threatened. Today, she was very aggressive, not responsive, and for the first time, I really felt like my dog was being physically harmed and that I may not be able to stop her. Today I worried that I might also get hurt trying to stop her from hurting my dog. And today I realized I can't stay silent about it anymore. Shellie genuinely felt bad about it, but has refused to be responsible with her dog. I feel I had to say something, as I know many people have had similar experiences, and eventually someone is going to get hurt. Today was scary, and I don't want anyone else to have to deal with it anymore. Thank you! Michelle Hartner From: Ryan Van Slooten Sent: Monday, April 25, 2016 2:40 PM To: Michelle Hartner Subject: Re: Dog Attack Thanks for getting back to me, and for looking into this matter, Michelle. As awful of a dog Chloe is, I.would hate for anything bad to happen to her; as'I know her behavior is largely the cause of her owner's inability to properly train her, and their failure to take the necessary measures to ensure everyone's safety. I forgot to mention that I witnessed it firsthand yesterday, as Shellie made a point to show me she was being punished, by yelling in her face and then striking her on the head. By that point, Chloe has no idea what's she's being punished for and only knows the abuse. While I've. never witnessed any other abuse, she truly loves that dog, it's just the.kind of example how conflicting the message is being sent to her. She simply doesn't know any better. I would rather see them punished for not being responsible owners then see the dog be put down. So far, she's only been aggressive to other dogs, but who knows how far she'll go, should a situation get even more out of control than it did yesterday. It should be well within their means to keep her contained, but so far, it has been their failure to do so, in spite of repeated incidents and complaints. Please do let me. know about that meeting. Myself and other neighbors would be very interested in participating in it, as we are all fed up. Thanks again! Ryan Van Slooten ADDITIONALICONTINUATION NARRATIVE I REPORT NUMBER] ZA16009495 Anoka County Sheriffs Office ORi N1Nooz0000 NARRATIVE TITLE Original Officer Narrative Van Slooten reported a ongoing issue with Langrnade.%dog chasing and biting neighborhood dogs.lran Slooten advised that prior to calling he was walking his dog Baily on 142 LN NW in frontcf Langmade's residence. Van Slacten advised that he walked on the opposite side ofthe street to avoid Langmade's dog. Van Slooten advised that Langmade was working in her yard and her dog was tethered by an inadequate screw in leash holder. Van Slooten advised Langmade'sdog chased after Bailyand pulled the leash out of the wetground. Van Slooten advised that Langmade's dog jumped on the back of his dog and began to bite Pailds neck Van Slooten advised that when he was able to separate the dogs Langmade's dog had Baily's hair in her mouth. Van Slooted advised that Langmade attempted to control the leash prior to the attack and was unable to hold the dog back. Van Slooten advised that due to it being spring and raining he believed Langmade should have known the screw in leash holder was inadequate to secure her dog. Van Slooten described Langmade's dog as a large Rottweiler named Chloe. lspoke to Langraude. Langmade admitted thatthe leash was pulled from the ground and sheattempted to stop the dog but was unsuccessful. Langmade advised that Van Slooten's dog is the only dog €hat Ch loe chases. Langmade advised that Chloe chases Van Slooten's dog because it is a Collie. Langn-kade denied thatthere were reports of Chloe chasing other neighborhood dogs. The area Langmade advised she had Chloeteathered was the west side of her driveway that +nes cnmpletelydug up and was covered in softwetscil. Looking attha size and strength of Chloe itwas clear that screw in tether is completely inadequate to contain Chloe. F reviewed the ordinance and determined no quarantine was necessary. I reviewed records and found multiple repots of dog issues at Langmade's residence. On 99-17-2015 Deputy Larson took an anonymous reportofan ongoing issue of an aggressive dog that runs outof its 9 yard at other dogs and people at Langmade's address. Deputy Larson did not locate the dog. Case r`# 15-200459 F= On 09-09-2015 Deputy Sabo handled a similar cc Mlaintto this complaint Case 915-193843, involving a different complainant No citation issued. ZOn 10-18-2014 CSO Hallberg took a similaranonomous report of Langmade's dog running loose and being aggressive, Case# 14-227$08. Anonymous complainant. No citation issued. On 09-11-14 Langmade's dog chased Deputy Quinn's squad when. he was responding to a similar dog complaint Case #14-197470. Anonymous complainant Citation issued. On 06-30-13 CSO Arthur took a similar complaint about Langmade's dog, involving a different complainant. Case # 13- 14.3493. Since 06-30-13 I located five other reported incidents with two named complainants other than Van Slooten and three anonymous complaints. There is a clear pattem of Langmade failing to contain Chloe and failing to keep other dogs and people safe in her neighborhood. Notice of potentially dangerous dog completed and citation #020018081430 personally delivered to Langmade. Forward to City of Andover. Depute Leri.nser .KH 4126116 cc: Clerk of Court Andover City Hall LOCATION: 2117142ND IN NW ANDOVER MN 55304 - - - -... _... _.,,. _� �.,.,, TYPE OF INCIDENT ANIMAL COMPLAINT - PRIORII'Y FORWARD unc.V3:DJ rrvi OFFENSE TRACT CASE STATUS: DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE HOWRECEIVED: DOB AGE TOAGE Juvenile RACE TIMEASSIGNED TIMEARRIVED TIME CLEARED RELATED TO OCA CLOTHING cr2 1553 1557 1614 SMTS REPORTING OFFICER ASSISTING OFFICER EMPLOYER RELATED OFFENSES: ZPDO0149 Lorimer, Ross P ZPDO0149 REVIEWING OFFICER ISN STATUTE OFFENSE DESCRIPTION 1 ANIMBITEDOG ANIMAL -DOG BITES UCR/IBR STATUS COUNTS DEGREE 9000 ASSMED/ADVISEDI, 1 I BIAS MOTIVATION P REMISETYPE N NONE ATTEPTEO ALCPHOL DRUGS COMPUTER zUj FORCEEDENTRY UNITS ENTEREDLiu CRIMINAL ACTIVITY �' LCL '—' 2. .. JMrLtmtNI U6tu TYPE ENTRY METHOD OF ENTRY TYPE EXIT 7. 2. 3. WEAPON USED 1. 2. —.. 3. Dog bite report. Citation #02001608430 mailed and potentially dangerous dog form completed. See narrative. Deputy Lorinser :KH 4/26/16 NAME LANGMADE, SHELLIE LEE ADDRESS 2045142ND LN NW ANDOVER MN 55304 DOB AGE TOAGE Juvenile RACE HEIGHT WEIGHT EYE COLOR HAIR COLOR CLOTHING SMTS EMPLOYER RELATED OFFENSES: HOME ICELL WORK EMAIL SEX RESIDENT ETHNICITY F HAIR LENGTH HAIR STYLE DLN AFFILIATION EMPLOYER ADDRESS 2. 3. 4, 6. T 8. SUSPECT ARREST DATElTIME OISPOSfTION ARRESTED JUVENILE DISPOSITION LOCATION ARREST LOCATION SAMEAS INCIDENT COUNTY AREA LOCATION NAME CHARGES .... -- ....•,., 1. 2. 3. 4. 5. 6. 7. SSN STATE 6. ADDITIONAL OFFENSES REPORT NUMBER: ZA16008495 Anoka County Sheriffs Office ORl# MN0020000 ISN STATUTE OFFENSE DESCRIPTION I UCR/IBR STATUS COUNTS DEGREE 2 AND 5 -1A -4(A) NUISANCE DOG PROHIBITED 9000 OTHERT 1 MISDEMEAI N BIAS MOTIVATION PREMISE TYPE NONE ATTEMPTED ALCOHOL DRUGS COMPUTER ❑ ❑ ❑ ❑ FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY TzL7 ❑ LL 2. 3. �j' IMPLEMENTUSED TYPE ENTRY METHOD OF ENTRY TYPE EXIT 1. WEAPON USED 1. 2 3. ISNSTATUTE OFFENSE DESCRIPTION UCRIIBR STATUS COUMS DEGREE 1l1 BIAS MOTIVATION PREMISE TYPE ATTEMPTED ALCOHOL DRUGS COMPUTER � i FORCED ENTRY UNITS ENTERED CRIMINAL ACTNITY LLAJ LL ❑ 2. 3. IMPLEMENTUSED TYPE ENTRY METHOD OF ENTRY TYPE EXIT 1. 2. 3. WEAPON USED 1. 2. 3. ADDITIONAL PERSONS REPORT NUMB ER: ZA16008495 Anoka County Sheriffs Office ORINW0020000 INVOLVEMENT TYPE NAME REPORTEE VAN SLOOTEN, RYAN JOHN HOME CELL ADDRESS 2117142ND LN NW ANDOVER MN 55304 WORK EMAIL DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN rL M IL EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL Z ADDRESS Q WORK EMAIL WDOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN til �y EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENTTYPE NAME HOME CELL Z ADDRESS E4 WORK EMAIL DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY $SN LU CL EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENTTYPE NAME HOME CELL ADDRESS Q WORK EMAIL DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL Z��•y ADDRESS 0 WORK EMAIL DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN L, a CL EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE OlN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENTTYPE NAME HOME CELL ADDRESS V WORK EMAIL 0) DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN iii EYE COLOR HAIR COLOR HEIGHT WEIGHT NAIR LENGTH HAIRSTYLE DLN STATE EMPLOYER EMPLOYER ADDRESS NOTICE OF "POTENTIALLY DANGEROUS DOG" Date of Notification: 04/24/2016 ICR: ZA-160084Y q,.5 Name of Owner: Shellie Lee Langmade Date of Birth: Address: 2045 142 LN NW Andover, MN 55304 Home Phone: Cell Phone: Name of Dog: Chloe Breed: Rottweiler Color: Black Sex: ❑ M ® F ❑ Yes Neutered/Spayed: ® No Age: 4 ® Person or domestic animal was bitten by above dog. ® Person or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack without provocation. ® The above said dog has on the following dates in the past, attacked persons or other domestic animals without provocation. Date: 5 Previous - See Report Time: ICR: Date: Time: ICR: Dated: 4/25/2016 Signed By: R. P. Lorinser #213 Deputy Name Title cc: CityofAndover cc: Dog Owner Anoka County Sheriffs Office NO DVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV April 26, 2016 Shellie Langmade 2045 -142nd Lane NW Andover, MN 55304 Dear Ms. Langmade: This notice is to inform you a hearing has been scheduled for May 3, 2016 at 7:00 p.m. at Andover City Hall to consider classifying your Rottweiler, Chloe as a "Dangerous Dog". The City Council shall hear such facts, as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify your dog as a dangerous dog. I I have enclosed a copy of City Code 5-1 for your review. If you have any questions, please feel free to call me at 763-755-5100. Sincerely, Michelle Hartner Deputy City Clerk Enclosure Michelle Hartner From: Lynn Burns Sent: Wednesday, April 27, 2016 11:29 AM To: Michelle Hartner Subject: Lynn Burns - Andover resident - Bad dog My husband passed along your email last night with the request that I contact you regarding a dog in our neighborhood that we, and the surrounding neighborhood residents, feel is a threat to the safety of our children, our pets and ourselves. There have been at least three occasions that my husband and I have encountered an unleashed, unrestrained, and unsupervised dog at the end of our street that has charged at us while walking our dog, Vinnie. Speaking for myself, I had walked Vinnie around the block and when we came to that particular home, a large brown dog charged from across the street, barking and before he could make it to us, he slammed into the back of a minivan passing between us. The dog was hit (the van was hit by the dog head on) and rolled several times before coming to a stop. The dog was urinating and crying as he was rolling. He then ran to the back of the house at which time his owners went to look for him. I shudder at the thought of what may have happened that evening had that van not crossed in front of us. My husband has come back from his five mile walk with Vinnie on several occasions stating that the dog is unleashed, unrestrained and unsupervised. He has chosen, at times, to take another path to avoid the confrontation with this dog. This has happened after the dog has lunged at Vinnie several times. My husband has had to pick Vinnie up to avoid him being bitten. Vinnie did sustain bite scratches from this dog as my husband was pulling him away from the dogs' mouth. The owners have come to speak with us more than once proclaiming their love and devotion to their dog which is understandable but we have also spoken with them about the parents of small school children who are in fear of the dog as there is a bus stop in the immediate area and the street itself is filled with little people. We have reported this to the police as well as our neighbors doing the same. We feel that enough time and enough incidents have occurred that make this more than a dangerous situation for all people on the street. With all'due respect, I ask you that something be done. It is long overdue. Sincerely, 1 CHAPTER 1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS SECTION: 5-1A-1: Definitions 5-1A-2: Dog Licensing Requirements; Exemptions 5-1A-3: Number Of Dogs And Cats Restricted 5-1A-4: Violations 5-1A-5: Control Of Animal; Excrement Removal Required 5-1A-6: Obligation To Prevent Nuisances 5-1A-7: Impoundment And Redemption Provisions 5-1A-8: Permissible Return Of Unrestrained Dogs And Cats 5-1A-9: Improper Care And Treatment Prohibited 5-1A-10: Muzzling Proclamation 5-1A-11: Dangerous And Potentially Dangerous Dogs And Cats 5-1A-12: Summary Destruction Of Certain Dogs 5-1A-13: Dog Kennels 5-1A-14: Dog Enclosures 5-1A-15: Enforcement Officials 5-1A-16: Citations 5-1A-17: Abatement Of Nuisance Conditions 5-1A-18: Violation; Penalty 5-1A-1: DEFINITIONS: ANIMAL SHELTER: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. BITING DOG: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner. DANGEROUS DOG/CAT: Any dog/cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. DOG ENCLOSURE: An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6) in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4") in thickness shall be present that covers the inside and perimeter of the enclosure. FREQUENT BARKING: Barking intermittently for 30 minutes or more. (Amend. 9/18/07; Ord. 354) HABITUAL BARKING: Barking for repeated intervals of at least five minutes with less than one minute of interruption. (Amend. 9/18/07; Ord. 354) KENNEL; Any place where a person accepts dogs from the COMMERCIAL: general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2. KENNEL; PRIVATE 3 : A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which See also section 12-2-2 of this code, definition of "dog kennel, commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein4. NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, partnership or corporation owning, harboring, or keeping dogs or cats. POTENTIALLY DANGEROUS DOG/CAT: Any dog/cat that: A. When unprovoked inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the 4 See title 12, chapter 7 of this code for fence requirements and restrictions. streets, sidewalks, or any public or private property, other than the dog/cat owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. (Amend. 12-2-2008; Ord. 376) RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) UNPROVOKED: The condition in which an animal is not purposely excited, stimulated, agitated, or disturbed. (Amend. 9/18/07; Ord. 354) 5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. (Amended Ord. 233, 11-4-1997) D. License Fee; Expiration Of License: The license fee shall be in such amount as set forth by ordinance' and shall expire in accordance with the date shown on the license receipt. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) E. Nonresidents Exempt: This section shall not apply to nonresidents of the city; provided, that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. (Amended Ord. 233, 11-4-1997) 1 See subsection 1-7-3A of this code. 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in any one -family residence unit or place of business except pursuant to Section 5-1A-13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one - family residence unit or place of business that is located on a parcel of land three (3) acres or less. (Amended Ord. 233, 11-4-1997) 5-1A-4: VIOLATIONS: A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance within the limits of the city. Any person who owns, keeps, harbors or is in physical control of a dog/cat that is a nuisance shall be in violation of this article. (Amended Ord. 233, 11-4-1997) B. Revoked Licenses: Any person who owns, keeps or harbors or is in physical custody of any dog within the city, for any period of time, which dog has had its license revoked, shall be in violation of this article. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) 5-1A-5: CONTROL OF ANIMAL; EXCREMENT REMOVAL REQUIRED: A. Control Required: 1. The restriction imposed by Section 5-1A-4 of this article shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by an individual or accompanied by and under the control and direction of an individual so as to be as effectively restrained by command as by leash. 2. Dogs or cats that are on or directly adjacent to all athletic fields must be leashed. B. Removal Of Excrement: Owners are required to clean up and dispose of their pet's excrement. (Amended Ord. 233, 11-4- 1997; amd. 2003 Code) 5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the obligation and responsibility of the owner or custodian of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4-1997) 5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any "officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog/cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog/cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that any human being has been bitten by any dog/cat within the city, he/she shall ascertain the identity of such dog/cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such dog/cat as required herein. If in the opinion of such peace officer, dog/cat catcher, or other authorized person, the owner of such a dog/cat cannot or will not so impound the dog/cat, such peace officer, dog/cat catcher, or other authorized person shall transport such dog/cat to the pound under contract to the city. Any dog/cat so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog/cat bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog/cat, if such owner can be found, which costs shall be as stated for impounding and confinement elsewhere in this article. b. Upon learning that a dog/cat has bitten a human being, the peace officer, dog/cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him/her of the place where the dog/cat is impounded. It shall be the duty of the City Health Officer to inspect said dog/cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog/cat may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog/cat is kept at all reasonable hours, and may take possession of the dog/cat and confine it at such place as he/she deems appropriate at the expense of the owner. c. If an owner has impounded a dog/cat pursuant to the request of a peace officer, dog/cat catcher, or other authorized person, the owner shall promptly transport said dog/cat to the pound under contract to the city for the purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog/cat catcher or other authorized person to transport the dog/cat to the contract pound, the owner shall be in violation of this article. B. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CAT.- Date 20 To whom it may concern: We have this day taken up and impounded in the pound of the city at a dog/cat answering the following description: sex color breed approximate age name of owner (if known) Notice is hereby given that unless said dog/cat is claimed and redeemed on or before o'clock—. M., on the day of 20 , the same will be sold or humanely destroyed as provided by ordinance. Signed: Animal control officer/city official 2. Written Notice: If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. 3. Effect Of Notices: The date of sale or humane destruction of the dog or cat shall be the sixth day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case, it shall be the following day. (Amended Ord. 233, 11-4-1997) C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by contract with the city's animal control officer. Notwithstanding this subsection, the owner shall remain subject to all penalties contained in this article. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) D. Disposition Of Unclaimed Dogs And Cats: 1. Sale: Any dog or cat which is not claimed as provided in Subsection B of this section, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota state law. All sums received from the sale of dogs or cats under this subsection shall be deposited into the general fund of the city. 2. Destruction: Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the animal control officer. (Amended Ord. 233, 11-4-1997) 5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND CATS: Notwithstanding the provisions of Subsection 5 -1A -7A of this article, if an animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings may be taken against the owner for violation of this article. (Amended Ord. 233, 11-4- 1997) 5-1A-9: REQUIRED BASIC CARE AND PROHIBITED TREATMENT: (Amend. 9/18/07; Ord. 354) A. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. B. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat fight. No owner of a dog or cat shall abandon such animal. (Amended Ord. 233, 11-4-199.7) 5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. (Amended Ord. 233, 11-4-1997) 5-1A-11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND CATS: A. Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a dangerous dog/cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog/cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a dangerous dog/cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1A-1 of this article, definition of the term "dangerous dog/cat", have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog/cat is classified as a dangerous dog/cat, the following shall apply: 1. The owner of the dog/cat shall be notified in writing and by certified mail or personal service, that the dog/cat has been classified as a dangerous dog/cat and shall be furnished with a copy of the resolution. 2. If the dog/cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shall be notified that the dog/cat license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog/cat, or makes the dog/cat available for the taking of photographs by city staff for insertion in the permanent files. 3. The City Clerk shall maintain a permanent file of all dogs/cats classified as dangerous dogs/cats indexed under the owner's name. 4. No person may own a dangerous dog/cat in the city unless the owner complies with this section. The animal control authority of the city may charge the owner an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration for a dangerous dog/cat under this section. A dangerous dog/cat registered under this section must have a standardized, easily identifiable tag identifying the dog/cat as dangerous and containing the uniform dangerous dog symbol, affixed to the dog/cat's collar at all times. The owner of the dangerous dog/cat must comply with the following provisions and present sufficient evidence of compliance with them: (Amended 12-2-08; Ord. 376) a. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearly visible warning sign that there is a dangerous dog/cat on the property, including a warning symbol to inform children; and (Amended 12-2-08; Ord. 376) b. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. (Amended Ord. 233, 11-4-1997; Amended 12-2-08; Ord. 376) c. The owner has paid an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration from the city for a dangerous dog/cat. (Amended 12-2-08; Ord. 376) d. The owner has had microchip identification implanted in the dangerous dog/cat as required under Minnesota Statues Section 347.515. (Amended 12-2-08; Ord. 376) e. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. If the dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. (Amended 12-2-08; Ord. 376) f. The animal control authority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog/cat is not maintained in the proper enclosure; 4) the dog/cat is outside the proper enclosure and not under physical restraint of a responsible individual; 5) the dog is not sterilized within 30 days, pursuant to city code section 5-1A-11 A 4.j. If the owner of a dog/cat is convicted of a crime for which the dog/cat was originally seized, they may order that the dog/cat be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog/cat. (Amended Ord. 233, 11-4-1997; amd. 2003 Code; Amended 12-2-08; Ord. 376) g. If the animal control authority for the city issues a certificate of registration to the owner of a dangerous dog/cat pursuant to section 5-1A-11 a. 4., the animal control authority requires posting of the owner's property with a warning symbol to inform children that there is a dangerous dog/cat on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. (Amended 12-2-08; Ord. 376) h. An owner of a dangerous dog/cat must renew the registration of the dangerous dog/cat annually until the dog/cat is deceased. If the dog/cat is removed from the city, it must be registered as a dangerous dog/cat in its new jurisdiction. (Amended 12-2-08; Ord. 376) i. An owner of a dangerous dog/cat must notify the animal control authority of the city in writing of the death of the dog/cat or its transfer to a new location where the dog/cat will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog/cat's death or disposition or the complete name, address, and telephone number of the person to whom the dog/cat has been transferred or the address where the dog/cat has been relocated. (Amended 12-2-08; Ord. 376) j. The animal control authority of the city shall require a dangerous dog/cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may seize the dog/cat and have it sterilized at the owner's expense. (Amended 12-2-08; Ord. 376) k. A person who owns a dangerous dog/cat and who rents property from another where the dog/cat will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog/cat that will reside at the property. (Amended 12-2-08; Ord. 376) I. A person who transfers ownership of a dangerous dog/cat must notify the new owner that the animal control authority has identified the dog/cat as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number. (Amended 12-2-08; Ord. 376) 5. All provisions of Minnesota State Statute Sections 347.54, 347.541, 347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure, disposition of seized animals, restrictions on dog ownership, penalties, and destruction of dogs. in certain circumstances. (Amended 12-2-08; Ord. 376) 6. The following are exceptions to the dangerous dog/cat classification: a. The provisions of this section do not apply to dangerous dogs/cats used by law enforcement officials for official work. b. Dogs/cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. (Amended 12-2-08; Ord. 376) 7. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. (Amended Ord. 233, 11-4- 1997; Amended 12-2-08; Ord. 376) B. Potentially Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriffs Deputy, animal control officer, or other duly authorized person, occurred under circumstances which would justify the classification of the dog/cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog/cat, in writing, that the dog/cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the city may declare the dog/cat to be a dangerous dog/cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog/cat to the City Clerk. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) 5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. (Amended Ord. 233, 11-4-1997) 5-1A-13: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this article and/or the zoning ordinance' . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs 2 . See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. (6) Method to be used in keeping the premises in a sanitary condition. (7) Method to be used in keeping dogs quiet (8) An agreement by the applicant that the premises may be inspected by the city at all reasonable times. b. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed in Subsection A2a of this section to protect the health, safety, general welfare and morals of the general public. (Amended Ord. 233, 11-4-1997) c. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee that shall be as set in Subsection 1-7-3A of this code. 3. Approval Or Denial Of Licenses: The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in. the zoning ordinance. In both cases, the City Council may grant or deny the license. 4. Renewal Of Licenses: All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee, which annual license fee shall be in such amount as set forth by ordinance. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private/Commercial Kennel Licenses: A minimum of two and one-half (2.5) acres in a residentially zoned district is required for a private/commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private/commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. Amended Ord. 233, 11-4-1997; amd. 2003 Code) 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. See subsection 1-7-3A of this code. a. Private Kennel License: Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. b. Commercial Kennel License: A commercial kennel license may be revoked by the City Council by the procedure established and defined in the zoning ordinance. B. Kennel Regulations: Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this article, or any health or sanitary regulation of the city, at all reasonable times. (Amended Ord. 233, 11-4-1997) 5-1A-14: DOG ENCLOSURES: A. Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. B. Screening: Dog enclosures must be screened from view of adjacent property. C. Location: A dog enclosure shall not be placed closer than forty feet (40') from an adjacent residential dwelling or principal structure and at least ten feet (10') from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4 single-family urban district, no dog enclosure shall be placed in the side yard. D. Sanitation Requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. E. Applicability And Effect Of Provisions: This section shall be applicable to all dog enclosures constructed after July 18, 1995. Any preexisting dog enclosure for which the city receives a complaint that it is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this section by a notice of compliance being given by the City Administrator or his/her duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be a violation of this article. (Amended Ord. 233, 11-4- 1997) 5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4- 1997) 5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this article. (Amended Ord. 233, 11-4-1997) 5-1A-17: ABATEMENT OF NUISANCE CONDITIONS: A. Nuisances Subject To Abatement: The following are declared nuisances subject to immediate abatement by resolution of the City Council: 1. Any dog/cat that has, without provocation, inflicted "substantial bodily harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a, on any person; or 2. Any dog/cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as "established" by the City Council, or which results in a conviction in a court of competent jurisdiction; or 3. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon a prior incident, that the dog/cat is a "dangerous dog/cat" as defined by this article. B. Placement On Council Agenda; Notice Requirements: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. C. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. D. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: 1. The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty -(30) days of the order shall be assessed against the owner's property. (Amended Ord. 233, 11-4-1997) 2. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. 3. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive relief and may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order. (Amended Ord. 233, 11- 4-1997; amd. 2003 Code) 5-1A-18: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4- 1997) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RXXX-16 A RESOLUTION DECLARING A DOG OWNED BY SHELLIE LANGMADE, 2045- 142' LANE NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, a Rottweiler named Chloe owned by Shellie Langmade, 2045-142❑d Lane NW, Andover has been allowed to run at large numerous times; and WHEREAS, on May 1, 2015, said dog running at large; and WHEREAS, on September 9, 2015, said dog left its property and attacked a dog; and WHEREAS, on September 18, 2015, said dog running at large; and WHEREAS, on September 21, 2015, a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on September 26, 2015, said dog running at large; and WHEREAS, on April 24, 2016, said dog running at large and attacked a dog. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare a Rottweiler owned by Shellie Langmade, 2045-142❑d Lane NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5-1A-11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Shellie Langmade a copy of the resolution. Adopted by the City Council of the City of Andover this 3`d day of May, 2016. CITY OF ANDOVER Attest: Julie Trude — Mayor Michelle Hartner — Deputy City Clerk 9 LNIDOVEA- T Y O F k The10 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVE RMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: May 3, 2016 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. Legislative updates 4. 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, Ji LNDOVEA, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for May 3, 2016 City Council Meeting DATE: May 3, 2016 The City Council is requested to receive the following supplemental information. Discussion Items Item #15. Consider Classifying Dangerous Dog/2045-142°a Lane (Supplemental) —Administration submitted, Administrator NDO: 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: DISCUSSION Mayor and City Cou Jim Dickinson, City Michelle Hartner, Deputy City Clerk Declare Dangerous Dog (Supplemental) May 3, 2016 Attached are supplemental letters from residents of the neighborhood where the Rottweiler lives. Respectfully submitted, '-(�`�ttD✓ehw-� Michelle Hartner Deputy City Clerk Attach: Letters �5. Dear City Council Members, My name is Andrea Stevens and I live at 2038 142"d Lane NW, directly across the street from Shellie Langmade. My husband, Tyler, and I have lived in our home since 2013. In the three years we have lived in our home I have witnessed several attacks by Ms. Langmade's dog, a Rottweiler named Chloe. My first encounter with Chloe was shortly after we moved into our home. Chloe ran into our garage and jumped on me, almost knocking me over. I was seven months pregnant at the time. At one time Ms. Langmade had an invisible fence to keep Chloe in her front yard, but the cables that should be underground are above ground and have been cut. I would estimate that Chloe is tied up with rope only 50% of the time she is outside in her front yard. Chloe has not yet attacked a child, but it is a big fear of mine. Many children live on our street, constantly walking by our house — and on our end of the street alone lives seven children ranging in ages 1 year to 5 years. l have witnessed three attacks by Chloe: First, Summer 2014: Chloe came into our driveway and jumped on our small dog, a Dachshund. I had to punch Chloe in the ribs to get her off my dog. After the attack I went into the house upset and in tears. I told my husband I was going to call the police, but instead he immediately when to her house and talked to her. Second, Spring 2015: A child who lives four houses down from us was walking his leased dog in front of Ms. Langmade's home. Chloe, unprovoked, ran into the street and attacked the small dog. Ms. Langmade was nowhere to be seen. Police were not called. Third, Fall 2015: A teenager, who lives directly next door to Ms. Langmade, was walking her leashed dog. Chloe, unprovoked, ran into the street and attacked the small dog. In the process, the teenager was knocked to the ground. I called the police, but the girl's parents did not submit a police report. However, I did give a statement to the sheriff and expressed my concern to him about the safety of our neighborhood. It is my opinion that Chloe is a potentially dangerous dog and should be deemed as such. Sincerely, Andrea Stevens Michelle Hartner From: Sent: Tuesday, May 03, 2016 11:06 AM To: Michelle Hartner Subject: Chole- 142nd Lane Dangerous Dog Classification Issue Michelle, I am unable to make it to the City Hall meeting tonight to speak on this issue so I have written my statement below: I am a resident of Andover and live on 142nd lane 2 houses down from the dog Chloe and her owners. We have lived in our house since 2011. 1 am writing in support of classifying Chloe as a dangerous dog. There have been many incidents with her over the years in the neighborhood and her owners do not take any of them seriously and do not have her properly restrained when she is outside in their yard. In September of 2012, we were having a birthday party for my husband outside in our garage. She was outside with her owner Shellie. Shellie was doing some gardening with Chloe running around and not on a leash. We had lots of family and friends over including our nephews who were 4 and 2 at the time, as well as my niece who was 5. Chloe was wandering around the yards and houses nearby and soon made her way over to our yard during the party. The kids were running and playing in our front yard at the time. She came over and ran and jumped on my 4 year old nephew, knocking him to the ground. My father immediately ran over and grabbed Chloe's collar and restrained her so she could not get at my nephew. He was not injured, but shaken up and started crying. I went over immediately and took Chloe from my father and walked her back over to her yard and Shellie who hadn't even noticed that she wasn't in their yard anymore. When I told her that Chloe jumped on and knocked over my nephew, she brushed it off and just said "she was just playing". That rubbed me the wrong way since she could have really hurt my nephew and Shellie showed no concern at all that her dog may have hurt someone. As I was trying to hand Chloe over to her, another person walked by with their dog and Chloe started to get all riled up. I kept asking Shellie to take her,from me and she would not. Only telling me "Hold on to her! Don't let her go!". So I had to hold on as best I could to make sure she didn't go after the other dog and their owner. In the summer of 2013, 1 witnessed Chloe trying to go after another dog that lives across the street. The neighbors have a dachshund named Howie. Chloe was outside, not on a leash and Howie was brought outside with his owners to go to the bathroom. As soon as Howie started walking about his yard, Chloe started barking at him and started running across the street towards Howie. Vince, Chloe's other owner, ran after Chloe knowing that she was going after the smaller dog. Just as Chloe got to Howie, Vince caught up and had to jump on Chloe and pin her to the ground to keep her from hurting the smaller dog. Howie's owner was close behind as well and scooped him up towards the bottom of the driveway just in time. It was very scary to witness and I was very concerned that Chloe would hurt Howie or possibly kill him as I have seen her go for the throats of other dogs that she comes into too close of contact with. There have also been many occasions when I have come home and driven past their house and Chloe is our roaming around in the road and sometimes is just laying out there. I have almost hit her a number of times and it takes a few minutes of honking my car horn to get her to move or someone to come out and get her. I do not want to get out my car because she has tried to jump in my car before when I open the door and I am worried about what she would do if I tried to restrain her and bring her home. Shellie and Vince have shown blatant disregard for others and their families and animals time and time again when confronted with Chloe's aggression towards other dogs and people.She is a large and strong dog and can do a lot of damage and harm to dogs and people alike. Whenever someone tries to talk to them about Chloe, they blame the issues on others and still do not restrain or leash Chloe when they are outside. I have an 18 month old son who likes to play outside and take walks. We do not like to walk down the street past their house when Chloe is our for fear of our safety. She has not been on a leash in her yard that I have seen and is routinely seen wandering around the neighborhood in other people's yards and garages. I strongly encourage the city to classify Chloe as a dangerous dog and to encourage and enforce her owners to properly restrain her in their yard. There have been too many incidents and near misses with Chloe and her owners refuse to take proper precautions even though they are well aware of the issue at hand. There are many small children as well as other dogs in the neighborhood that are at risk from the constant lack of restraint and supervision of Chloe. We should not have to fear for our animals and children in our own yards and walking down our own street. Thank you for your time and consideration in this matter. Sincerely, Nicole Rutt-Livgard Resident at 2021 142nd Lane NW Andover I]