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CC - May 17, 2016
TT Y TO F )OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 17, 2016 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (4/26/16 Workshop; 5/3/16 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Trail Easements from State of Minnesota - Crosstown Blvd. NW and WDE Site - Planning 4. Approve Conveyance of Land to the State of Minnesota — WDE Site — Planning S. Accept Vehicle Maintenance Access Easement — B and D Estates Second Addition — Povlitzki Properties, LLP - Planning 6. Declare Cost/Order & Adopt Assessment Roll/16-29/3160 Bunker Lake Blvd. NW/WM — Engineering 7. Approve Hold Harmless & Easement Encroachment Agreement/2074 Veterans Memorial Blvd. NW - Engineering 8. Accept Petition/Waive Public Hearing/Order & Adopt Assessment Roll/16-34/14607 Drake St. NW/SS & WM - Engineering 9. Approve Refuse/Recycler Hauler Licenses —Administration 10. Approve Application for Exempt Permit/Andover Lions Club —Administration 11. Approve Temporary 3.2% Liquor License/Andover Lions Club/Fun Fest —Administration 12. Approve On -Sale Intoxicating Liquor & Sunday Licenses/Acapulco Mexican Restaurant —Administration 13. Approve Paving of Park Parking Lot/Country Oaks North 2nd Addition — Engineering 14. Approve Request from Neighborhood/Hickory Meadows Park — Engineering 15. Approve Used Vehicle Sales Business License/3138-162nd Lane NW —Administration 16. Approve Appointment — Parks Maintenance Supervisor—Administration 17. Approve Resolution - Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies —Administration 18. Approve Funds Transfer & Budget Amendments/Trail & Transportation Capital Projects Fund (CPF) — Finance 19. Fee Schedule Changes/Solar PV Installation Electrical Inspection Fees - Finance Discussion Items 20. Anoka County Sheriff's Office Monthly Report — Sheriff 21. Presentation - 2015 Audit Report — Administration 22. Public Hearing — Vacation of Drainage and Utility Easement - 2323 149th Avenue NW — Chris and Lisa Scott — Planning 22a. Accept Dedication of Drainage and Utility Easement — 2323 149th Avenue NW — Chris and Lisa Scott - Planning 23. Public Hearing - Consider Declaring a Nuisance Dog/2045-142nd Lane NW -Administration 24. Consider Interim Use Permit — Land Reclamation — Winslow Woods 2nd Addition —BL Holdings, LLC — Planning 25. Consider Classifying a "dangerous dog"/1815 Andover Boulevard NW —Administration Staff Items 26. Schedule June EDA Meeting—Administration 27. Schedule June Council Workshop Meeting—Administration 28. Administrator's Report —Administration Mayor/Council Input Adjournment C I T Y O F 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 Administi FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: May 17, 2016 INTRODUCTION The following minutes were provided by Staff and TimeSaver, reviewed by Administration and submitted for City Council approval: April 26, 2016 Workshop May 3, 3016 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, L ' 1, Michelle �Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER CITY COUNCIL WORKSHOP MEETING —APRIL 26, 2016 MINUTES The Workshop Meeting of the Andover City Council was April 26, 2016, 6:00 p.m., at the Andover City Hall, 1685 Minnesota. Councilmembers present: Councilmember absent: Also present: Mike Knight, Sheri Bukkila, Valer None City Administrator, Jim Dickinson Community Center Advisory Com; Kellogg, Joy Orvis, Ted Butler, To Recreational Facilities Manager, E JOINT MEETING WITH C( The Andover Community`` Manager, along with the A Council. They reviewed r community at large with p be served or offered due to the facility were also prese7 to order by Mayor Julie Trude, town Boulevard NW, Andover, and James Goodrich Allison Boes 1 Frank Howard lvisory Commission, Andover Community Center Facility ✓ICA, collaborated on a presentation to share with the City Andover YMCA/Community Center reaches out to the id services. Underserved groups and programs that cannot availability issues were shared. The future possibilities for ling how it may relate to the City campus plan. Mr. Sutherland and Ms. Boes reviewed the PowerPoint presentation with the Council including a video on senior programing. They thanked the Council for the opportunity to attend a meeting. They review the demographics of groups served, provided a financial review, presented future needs, both long and short term.' The facilities provide social, educational and recreational activities. The recreational programs continue to grow. There are 12,000 members of the Andover YMCA with 50% being Andover residents. Recreational activities include: skate school, swim lessons, and the indoor soccer program. The YMCA has 25 full-time staff, plus 220 part-time staff and about 80 seasonal staff. There are about 1 million visits per year at the facility. The Andover YMCA is the second largest in the Twin Cities. Fifty percent of the Andover YMCA members have family memberships. There are 246 youth in the after school program that creates a safe place to go for middle schoolers. They recently developed a leadership program for high school students that want to come back to serve. There are 1,257 silver sneakers/silver fit participants with many being YMCA members as well. The YMCA has partnered with the Senior Center and invited the seniors there to participate in programs and activities at the YMCA location. YMCA senior programing is done at the activity center during the summer because of the large number of kids at the YMCA site during the summer. There are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes—April 26, 2016 Page 2 400 "Tot Time" families, there have been 7,578 open basketball visits (open gym), the childcare program serves about 604 kids in the summer, plus about 180 children receive before and after school care. The YMCA sports programs serve about 2,000 kids with youth sports each year, with a focus on core sports and skill development, plus league opportunities. A relationship with the Girl Scouts organization is being developed which could bring a significant amount of potential revenue to the site. The YMCA budget was reviewed. It was noted that $36,000 will be needed in the CIP budget to replace rubber matting in the arena area and the parking lot needs repair. Mr. Kellogg stated in 2016 the organization needs to do something with programing or something to generate more income to meet the budget. The group is looking for revenue to close that gap and he feels that they are on a good track. Mr. Sutherland indicated they are reaching out to groups, like the River Valley Girl Scouts, where they have scheduled 5 bigger events for the fall with a price tag of $2,000/day. Ms. Joy Orvis was thanked for bringing in this prospective client with a lot of income potential. The facility is selling more non -prime hours for the hockey arena. Actual revenues has exceeded budgeted in the last 5 years. Mr. Kellogg stated fiscal responsibility was promised to the community. He stated he believes they can tell constituents that we have found the fine line between fiscal responsibility and meeting the needs of the local community. There is not another facility like the YMCA in the City or a nearby community. Field house revenue is being supported by the explosion of pickleball in popularity. It is a $15,000 a year program and is primarily taking place during the day in off peak hours. There is a 3 -day pickleball tournament coming up this next weekend. The facility will also begin to rent racquets for pickleball. Mayor Trude noted that KARE11 is covering the National Mayor's Water Challenge and she wondered if they might also be interested in covering the tournament as well. The Ice Arena exceeded its revenue budget in the last couple of years and demand is growing for ice time. The ice is going out for about a month this year due to the replacement of the floor matting. Mr. Sutherland explained the concrete needs to warm up to provide proper application of the material. The Financial Performa shows that the facility should charge $221/hour, but it is more than the market will bear and current prices are already at the higher end compared to other arenas in the area and when you look at the actual usage, it is running parallel with the Performa. The arena is meeting the need for gross revenue. Mr. Dickinson added the "key" is how well the facility can sell non -prime ice time. He continued by stating that the ice arena is strong, but reaching the point where it is "capped out" and ice time is filling up. Mr. Dickinson reminded the group that the kickoff fundraising effort for the facility was to help the start up of the facility. They did not raise as much money as was hoped, so funding was provided by the City to assist with early debt service and paid back to the City over the life of the lease. He continued by stating it was now time to reinvest and build up funds in the account for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 3 replacement items. Councilmember Knight stated residents really appreciate the library services. Mr. Kellogg stated the YMCA had begun making full payments in year 5. Now the community is seeing the outcome which is growth and long-term investment. Mr. Kellogg noted if the Community Center was built today, it would cost about $40M, as opposed to the cost of just under $20M, 12 years ago. Ms. Boes stated the organization has given away $750,000 in memberships over the past years. Youth homelessness is an area of concern and attention. There are about 60 staff at the YMCA that work one-on-one with kids. Crisis workers come out and meet with them. Mr. Sutherland stated about 900 hours of free community room space is donated, so much so that they have had to cut back on potential revenue because the rooms are booked solid with community events. Hold times for books are down to 48 hours, instead of 3-4 days, because demand is so high. Mr. Sutherland and Ms. Boes outlined current unmet community needs as follows: adult & senior programs, family programs, meeting room space, open basketball & open skate, youth/teen center (with longer hours), youth/teen program — large and small groups and better serving athletic associations within Andover such as volleyball, hockey, baseball, football, basketball, lacrosse, soccer. All of these groups want field house time. Ms. Orvis stated the high school was originally built with one less gym than what was needed. As a result, sports groups have to go elsewhere and there continues to be space needed for the track and field program. There is no space at all in Andover for adult sports programming. Mr. Kellogg stated the current population growth is projected to continue to rise at a steady rate, as estimated by the Metropolitan Council. Mr. Kellogg referred to the City Campus Master plan, as it related to the future of the Community Center facility. At the time the facility was built, the median age in the community was 32 and the population age 15 and under, was more than age 15 and over. In summary, he said the organization has a great infrastructure with unmet needs. The Andover YMCA is one of the largest employers in the community. There has been discussion about potential build out of space for quite some time, but not specific to what would be done in each "box." There would need to be a lot of discussion, if expansion were to occur, and the focus would be on how to serve more people in the community or better differentiation in programming during a season. Mr. Kellogg stated as a Commission they are not "sold" on expansion. In addition, they want to really understand what the community and others really want to commit to. Some may not agree with a plan for expansion. He indicated he would like to see more numbers, what it could look like and the potential economies of scale. Mayor Trude stated a major consideration would be the impact to the bottom line and tax payers, and posed the question, what are residents tolerant to pay for. Surveys have been done in years past relative to tax sensitivity. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes—April 26, 2016 Page 4 Mr. Kellogg noted there were 3 public meetings in the months prior to the decision being made to build the Community Center originally. Councilmember Holthus commented that the survey asked how much residents would be willing to pay for a membership, and what would programs they might use and what amenities they would utilize. Mayor Trude noted most schools have closed their swimming pools. Councilmember Knight commented once the Open Space referendum is done, then it could possibly be replaced with one to expand facilities. Mayor Trude indicated it could include both indoor and outdoor improvements. Ms. Orvis inquired as to whether or not Public Works expansion would come under that designation. Councilmember Buikkila stated it is important to separate wants and needs and that a community survey may be appropriate to "take the temperature" of the community. Mr. Kellogg stated the Commission will continue to make recommendations and acknowledged that the Council ultimately makes the decisions in this regard. Mayor Trude expressed the importance of hearing from the Commission. Mr. Kellogg stated it would be approximately $40-$50,000 for a feasibility study, which would provide additional data by which to make future decisions. For that price, a 30% design would be completed, along with a general layout and elevations. They would put programs into spaces and demonstrate how to attach new space to the current structure and illustrate what the elevation would look like. Councilmember Knight stated projections for the population (age groups) will determine what the demand is. Mr. Kellogg stated cost estimates could be developed as part of the feasibility work. The dollar amount would be plus or minus 5 — 10%. Mayor Trude stated programming space needs is part of what is needed, noting that the high school is more open to meeting with the city than they were when the building was originally built. Councilmember Holthus commented if time goes by, programs will change and then the design will change and then numbers will change. Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 5 1 Mr. Dickinson noted it cost close to $40,000 for the master plan design for the City Campus, that 2 is similar to a feasibility design. 3 4 Mayor Trude stated the facility seemed to draw young families, noting that the growth is in the 5 City's urban area. She expressed the need for more information and resident input. 6 7 Councilmember Goodrich expressed concerns for sensitivity to tax increases. 8 9 Councilmember Bukkila raised concerns about considering too many City projects at the same 10 time, confirming a focus in 2017 on Public Works. She did not believe it was reasonable to 11 manage too major public building projects at one time. In addition, she had concerns about 12 getting data too early in advance of an actual building project because that would lessen the 13 reliability of the data. 14 15 Mayor Trude asked Councilmember Bukkila what information would be needed and helpful. 16 17 Councilmember Bukkila stated she did not want to grow too big, too fast, like the school district. 18 She acknowledged the programs are growing but there are no hard numbers. Mr. Kellogg stated 19 they would like to provide that additional information, including anticipating what the growth 20 would be in the next few years and what new costumers could be brought forward. 21 22 Councilmember Bukkila expressed a desire to know more about infrastructure, not just 23 additional costs. 24 25 Mayor Trude commented the tax base has grown since the original building project, with close to 26 1,000 additional homes and businesses. 27 28 Mr. Dickinson stated staff could study the issue over the summer, and consider when might be a 29 good time to do this project, based on land take downs and when it could actually take place. He 30 pointed out the decision is not one for today. The City is currently considering equipment and 31 road requests, such as Hanson Boulevard, and new things happen all the time. The information 32 presented will be integrated into the CIP process. The public hearing on that will be in 33 October/November and information can be gathered between now and then. 34 35 Councilmember Goodrich stated Public Works serves everyone and that he did not want to spend 36 money to get data that may not be reliable. 37 38 Councilmember Holthus confirmed her support for Public Works expressing concern for unsafe 39 situations in and around the current facilities. 40 41 Mayor Trude asked the Commission and Councilmembers what information they felt they 42 needed next. 43 44 Councilmember Holthus indicated having additional data would be helpful to set priorities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 6 Councilmember Bukkila stated there is time to figure out and brainstorm about needs and to work with the City staff through the CIP process. Ms. Orvis stated her neighborhood has a Facebook group specific to Woodland Estates. She expressed that many of the neighbors were upset about the Public Works building moving closer to their neighborhood and are disenfranchised right now. Mayor Trude stated a few of the neighbors came to the presentation of the Master Plan. Councilmember Bukkila commented there is still decision-making to come and that there has been conversation occurring regarding starting some tree growth to prepare a barrier in preparation for the building plan. Mayor Trude also noted there will not be truck traffic exiting directly onto Nightingale Street. Councilmember Holthus confirmed truck routes were discussed at the meeting and studied by outside consultants and the school was involved in the preparation of the plan for the City Campus. Mr. Dickinson stated he had been in contact with the YMCA of the Twin Cities, and they have a couple of studies that could be helpful including a nationwide study by the YMCA that is being conducted and to be complete this summer. Each branch is being scoped and studied and there are plans to start fundraising for improvements late in 2017, with a full-fledged campaign in 2018. His thought is that overall expansion would be in 2019 in Andover. Concerns that have been brought to him most frequently are gym space and day care facilities. Mr. Dickinson stated the need to get more information for this fall as the City begins its planning for 2017 and beyond. Mayor Trude stated the timeline for Public Works is still in development and these projects can take years. Mr. Dickinson confirmed a significant number of things need to happen and the City will need to wait until the land is available for a full Public Works expansion. Councilmember Knight confirmed the "age factor" is really important to him in determining how to expand the Community Center. He also has concerns about the Crosstown Boulevard round - a -bout. Mr. Kellogg stated they would like to prioritize needs and clarify what populations they are servicing and what they are unable to service. They would meet with their biggest customers and discover how to meet more needs and what the next steps would be for them. Councilmember Bukkila stated she did not see it on her immediate list of projects to fund. Mr. Kellogg stated they wouldn't want to "spin our wheels" if it's not as important now. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 7 Mayor Trude inquired if research might move forward while a timeline is being sorted out because the current Community Center project took years to plan. She encouraged moving ahead, but not so much so that the resources are wasted. Ms. Orvis offered that volunteers could help collect information from different partners. She supported doing a space needs study and having a professional consultant come in and help the Commission put together the information for the Council. Mayor Trude suggested further analysis to keep the work moving work. Mr. Dickinson stated there could be a budget amendment made for Council review and approval if this was to be done immediately. It could also be discussed as part of the CIP process that would provide for a budget and consultants to start in January if that was the direction. He noted the CIP has a public hearing in October. Mr. Sutherland indicated the facility is a busy place every day, day in and day out this time of year. He asked if they should consider waiting for 6 months or keep working on it now. Mr. Dickinson noted the CIP is reviewed each month with the Council and recommended gathering and solidifying partner information. He stated the better the data is, the better the work consultants can do. Councilmember Goodrich encouraged the Commission to keep working on product to give to a consultant. Mr. Dickinson stated he could advise on some of the research that would be needed that could help a consultant. Mayor Trude stated something could be considered in budget for next year for a consultant, while projects are still being shuffled. Councilmembers Holthus and Goodrich thanked the Commission for the good job on their presentation. RECESS Mayor Trude recessed the City Council Workshop meeting at 8:14 p.m. RECONVENE The City Council reconvened at 8:27 p.m. 2017-2021 CIP DISCUSSION & 2016 CIP PROGRESS REPORT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes—April 26, 2016 Page 8 To assist with the 2017 -2021 CIP discussion, Mr. Dickinson provided a progress report on the 2016 Capital Improvement Plan projects. Throughout the summer it is anticipated that a significant amount of time will be spent on evaluating utility infrastructure, transportation improvements, trail improvements, building maintenance, equipment and park and recreation needs. Each of these items will be supported by a detailed fund balance analysis of funding sources (based on various assumptions and estimates) that will be presented to the Council for review at future workshops. At that time the staff will secure the Council's priorities to assure that those priorities are taken into consideration for inclusion in a draft 2017-2021 CIP. Staff also discussed, with the Council, the Vehicle/Equipment Purchasing Committee's review of City vehicles/equipment and the preliminary recommendations. Staff requested that the Council provide direction to staff on Council priorities for the 2017-2021 CIP. Mr. Dickinson reviewed a staff report with the Council, highlighting equipment vehicle purchasing and usage and a review of low usage equipment (e.g. generator, Polaris UTV). The Timber Trails Park budget was amended reflecting increases in costs on the well. Fox Meadows is going to cost more, also because of the well. One specific vehicle that will need to be considered for replacement is the jet/vac truck that cleans sanitary and storm sewer pipes. That particular item has multiple supporting revenue sources. Councilmember Holthus asked how many vehicles are in cold storage. Mr. Dickinson stated close to 30% of the City's vehicles are parked outside. Mr. Dickinson reviewed the City Council's procedure for consideration in the 2017-2021 CIP. 2017 BUDGET DEVELOPMENT DISCUSSION City Administration is beginning to focus on the 2017 Annual Operating Budget Development process. Mr. Dickinson reviewed the staff report and requested that the Council provide direction to staff. Mr. Dickinson's remarks focused on the review of budget development guidelines. He is expecting requests for additional staffing, but they may not be recommended for inclusion by Administration. Right now staffing is at a bare minimum and there has been some stress on staff due to staff being out on leave. An additional part-time individual has been hired to work 16/hours week. Staff has been floating to other departments in the building where they have skills to offer. An intern program for the building department has been initiated and they would do the easier inspections. There are also a couple of retirements being anticipated. Mayor Trude reminded the Council that Administration has permission to hire temporary staff. Mr. Dickinson also brought the following budget matters to the attention of the Council: • Staff succession planning • Development projects getting more complex and contract negotiations taking longer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 9 • No need to negotiate on bargaining unit salaries this year • Sheriff's contract will need to address an increased prevalence of drugs in the community • 2.5% increase in Road and Bridge Fund funding • Levy for pedestrian trail maintenance • Park improvements, with an emphasis on scoping projects properly to avoid increases at the end of projects • Contracting out more work • Tax levy estimates are anticipated at an increase of about 2.48% Mayor Trude noted Open Space "falls off' in the coming years. Mr. Dickinson stated the year ended in such a way that even with the transfer, the City could make good with their commitment of $450,000 to the Trail Fund, $250,000 was transferred in 2015, the remaining $200,000 could be done now. Councilmember Bukkila asked if there is a rush to transfer the dollars. Mr. Dickinson replied that it helps the CIP process to go better if the Commissions and staff know how much funds are available to plan for a trails in the coming years. Councilmember Holthus asked about the results of the audit. Mr. Dickinson indicated the audit presentation would be in May. Mr. Dickinson had nothing additional to report relative to a budget update. MARCH 2016 BUDGET PROGRESS REPORT/MARCH 2016 CITY INVESTMENTS REVIEW Mr. Dickinson had nothing additional to report. OTHER BUSINESS Mayor Trude recommended inviting members of the Commission to discuss the Kelsey Round Lake Park to a future workshop meeting to discuss the project. Specifically, the idea would be to invite the chair and others may attend. There was also discussion about putting the senior center on the agenda. Councilmember Holthus wondered if there could be more flexibility for more use by the programs at the YMCA. Mr. Dickinson stated that the YMCA is using the location a lot for classes for seniors, but that it is underutilized within the community. Mayor Trude stated her keys do not even work for the facility. Councilmember Holthus stated a crafting senior lady could not get her group in to the facility to use it and wondered if they could identify a leader of their group that could have a key. 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 Andover City Council Workshop Meeting Minutes —April 26, 2016 Page 10 Councilmember Knight asked about the amenities at the facility. Mayor Trude indicated there are tables, chairs and a commercial kitchen. The structure is federal grant money and the City is paying for some of the facility. Councilmember Knight stated he did not know if residents really appreciate the relationship that the City has with the YMCA. Mr. Dickinson stated there is potential to re -open the Oakview Middle School pool. The YMCA is interested in having swim lessons there and could be a key component as to how they plan to move forward with aquatic activities. The school district would like to use for the high school swim team. There will be more to come. Mayor Trude indicated the school board appointed a group to look at overall facilities. Blaine schools may get an elementary school as well as artificial turf on their football field. ADJOURNMENT Motion by Goodrich, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting adjourned at 9:10 p.m. Respectfully submitted, Marlene White, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —MAY 3, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover City Trude, May 3, 2016, 7:03 p.m., at the Andover City Hal Minnesota. Councilmembers present: Mike Knight, Sheri Councilmember absent: None Also present: City Administrator Community Develo City Attorney Scott PLEDGE OF called to order by Mayor Julie town Boulevard NW, Andover, Valerie Holthus and James Goodrich , Dave Mayor Trude read, the proclamation naming May; Arbor month in the City of Andover. No one wished to address AGENDA There were supplemental_ materials submitted for item agenda # 15, Consider Classifying Dangerous Dog. Motion by Holthus, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES April 14, 2016, Special Meeting: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — May 3, 2016 Page 2 April 18, 2016, Board of Review: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried 4 ayes, 1 present (Trude). April 19, 2016, Regular: Correct as written. Motion by Goodrich, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements (See Resolution R044-16) Item 4 Approve Hold Harmless & Easement Encroachment Agreement/1432-141St Lane NW Item 5 Accept Drainage and Utility Easement — Country Oaks North -SW Land, LLC Item 6 Accept Drainage and Utility Easement —15847 and 15873 Linnet Street NW Item 7 Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2 d Addition — Mark Smith Item 8 Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program (See Ordinance 461) Item 9 Accept Retirement Streets Maintenance Worker Item 10 Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOME Programs Item 11 Declare Surplus Equipment Item 12 Authorize RFP-Agent/Broker of Record City's Employee Benefits Program Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING — VACTION OF DRAINAGE AND UTILITY EASEMENT —1189162ND AVE NW—ANTHONYPETERSON Mr. Carlberg explained 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 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 an in -ground pool that will be constructed this spring. There is an existing 10 foot rear yard drainage and utility easement. This met the Andover 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 — May 3, 2016 Page 3 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. The Council is asked to hold a public hearing and consider the proposed vacation of drainage and utility easement. Motion by Bukkila, Seconded by Goodrich, to open the public hearing at 7:12 p.m. Motion carried unanimously. There was no public comment. Motion by Holthus, Seconded by Bukkila, to close the public hearing at 7:13 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to approve vacation of easement. Motion carried unanimously. (See Resolution R045-16) PUBLIC HEARING — VACATION OF VEHICLE MAINTENANCE ACCESS EASEMENT — COUNTRY OAKS NORTH— SW LAND, LLC Mr. Carlberg explained 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. 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. It was 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. The Council is asked to hold a public hearing and consider the proposed vacation of vehicle maintenance access easement. Motion by Knight, Seconded by Holthus, to open the public hearing at 7:15 p.m. Motion carried unanimously. There was no public comment. 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 — May 3, 2016 Page 4 Motion by Bukkila, Seconded by Knight, to close the public hearing at 7:16 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Goodrich, to approve the vacation of vehicle maintenance access easement. Motion carried unanimously. (See Resolution R046-16) CONSIDER CLASSIFYING DANGEROUS DOG12045-142ND LANE Mr. Dickinson stated the City Council is asked to consider adopting a resolution declaring a Rottweiler, Chloe, a dangerous dog and provide direction on whether a hearing should be scheduled to declare the dog a "nuisance" and also consider the option to require abatement of the dog. Mr. Dickinson stated in his opinion, it appears that the owner of the dog is not making reasonable attempts to properly control/restrain a "potentially dangerous dog" and based on the April 24, 2016 incident administration has requested, at a minimum, a "dangerous dog" declaration that would require the dog owner to comply with the dangerous dog provisions be done. By declaring the dog "dangerous," if the dog is removed from the City, the dog must be registered as a dangerous dog in its new jurisdiction. If the Council concurs with wanting to consider the dog a "nuisance", a public hearing could be scheduled for the May 17`" City Council Meeting. The history of complaints against the dog and its owners was reviewed, by date. Mr. Dickinson stated Ms. Langmade had been informed of the time and place of this Council meeting where the dangerous dog matter would be discussed. The nuisance and dangerous dog issues were raised due to concerns for the safety of both humans and animals in the neighborhood. Mr. Dickinson reviewed the staff report with the Council, identifying 17 points of contact. Mayor Trude recounted there were 3 incidents of injury when the dog was off of the property and 8 incidents where the police were called. And there seems to be evidence that the dog is displaying more aggressive behavior. Once in the classification, of "potentially dangerous," the burden is on the owner to keep the dog properly controlled and restrained on one's property. Mayor Trude referenced the written testimony in the packet and the supplemental materials added this evening. Mr. Dickinson stated his opinion is that the dog should be declared a dangerous dog due to the fact that the dog's behavior is escalating. Due to timing, Mayor Trude stated the proper notification couldn't happen in time for a nuisance hearing, so the code would require that the nuisance matter be considered at the next Council meeting. Councilmember Knight asked if the dog had ever bitten a human. Mr. Dickinson replied the dog had bitten another dog. 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 — May 3, 2016 Page 5 Mayor Trude noted the dog had knocked a child down in the street. Mr. Dickinson stated that incident meets the criteria for public safety. Councilmember Holthus asked if all of the aggressive acts happened in the street. Mr. Dickinson confirmed that was the case and the incidents did not occur on the owners property. Councilmember Goodrich stated there is a voluminous record of irresponsible dog ownership. Mayor Trude stated the Council considered a matter regarding a German Shepherd in January, and that the Council was unanimous about not wanting dogs in the City that would cause harm to residents or animals. Councilmember Bukkila expressed her view that the action needed to be taken was clear and that the Council should go ahead and schedule the second hearing regarding nuisance for the next City Council meeting. Motion by Bukkila, Seconded by Goodrich, to move forward to consider declaring the dog a nuisance in the community at a public hearing in two weeks. Motion carried unanimously. Mr. Dickinson will provide the proper notice. Councilmember Knight inquired if the residents in the neighborhood where the dog resides will be notified of the hearing. Mr. Dickinson stated it is not in the code, but that could be done. Ryan Van Slooten, 2117 142nd Lane, stated he filed the most recent complaint on the 24th of April. He recounted when walking out front of the resident's house, and on the other side of the street to keep the distance between them and the dog, Chloe got lose, again. He stated the owner says that it is never their fault, but it occurs because the dog is not properly restrained, due to the fact that it is a large, strong dog. He continued by saying that Chloe jumped on the back of his dog and was more aggressive than ever before. He indicated he had to use his foot in the dog's face to get the dog to back off so that the owner could remove it. He testified in the past the owner had an electric fence that never worked. The dog used to stop at the edge of the yard when the owner or even the neighbor would tell it to stop, but she has gotten progressively more aggressive. He stated Chloe has aggressively charged his dog 3 times. He indicated the first two incidences were quick, but now he cannot get the dog to stop. If the owner had gotten hurt in the attempt to stop the dog, Mr. Van Slooten stated he was not confident that he could have stopped the dog from harming his dog or himself. Mayor Trude asked Mr. Van Slooten if he saw this dog as a dangerous dog. He replied, "yes." Mayor Trude then asked if the owner could control the dog on their property, as required. Mr. Van Slooten replied the dog has left its property several times. He continued by saying the dog does not listen when you yell at her to go back to its yard. Chloe responds with a very low guttural growl. 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 — May 3, 2016 Page 6 Councilmember Holthus asked how old his daughters are. Mr. Van Slooten replied they are 8 and 5 years old. Mr. Van Slooten also stated there are a lot of younger children in the neighborhood. Mayor Trude inquired if their neighborhood was near a park. Mr. Van Slooten indicated children go past the home to go to the park. Mr. Dickinson stated he had visited the area and would attest that there are a lot of kids in the area. Councilmember Knight asked if the dog was current on rabies shots. Mr. Dickinson responded that to be licensed, the owner must show the tags. Wade Young, of 2126 142nd Lane, stated that he has seen Chloe '/a of a mile away from the owner's property. Mr. Young stated he walks by the bus stop every day and took his handgun with him because the dog is scary. He continued by stating he just did not know if this time would be the time that Chloe would get aggressive and scary and adults and children do not want to walk by there. He believes it should not take 17 points of contact to make a decision about this dog and compared it to what would be done if it was a wild bear. He continued by stating it was not the dogs fault and that the Council would have to make the decision for the owner. Mayor Trude asked Mr. Young if the dog had been seen off of the property since last September. Mr. Young replied he has seen her off the property at least 3 times. His daughter has seen the dog elsewhere. He said it would not take much for his daughter to be injured by the dog and that he doesn't want to wait until after something happens to do something. Mayor Trude acknowledged the letters that had been received by residents and the police reports that were included in the meeting materials. Mayor Trude asked if the dog's owner was present, she noted the dog's owner was not present at the meeting. Motion by Goodrich, Seconded by Knight, approving the resolution to declare Chloe, the Rottweiler, a dangerous dog. Motion carried unanimously. (See Resolution R047-16) Councilmember Bukkila indicated residents should let the Sheriff s Office do their work if they see Chloe unrestrained. Mayor Trude asked for additional direction by the City Attorney. Mr. Dickinson stated the dog will have to be in a proper enclosure and he believed that the current City Code was adequate. Councilmember Bukkila reminded residents that if they see a violation, then they should call the Sheriffs Office and the dog would be impounded. 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 — May 3, 2016 Page 7 City Attorney Baumgartner recommended taking a photo of the violation, if they felt it was safe to do so. Mr. Dickinson indicated the notification of the meeting would be delivered to the owner's door by a Community Service Officer from the Sheriff s Office. The notification also will be sent via certified mail so it can be signed for and a phone call will be made to the residence to make sure the owner understands the provisions. He continued by saying they have made attempts, in multiple letters, to share the City Code and the reasons and the basis for the decision that was brought before the Council this evening. Councilmember Holthus inquired as to what would happen if the owner removes the dog from the City before the hearing occurs. Mr. Baumgartner stated if the dog is put down, it would need to be verified by a veterinarian's clinic. By State law, the City has the right to know where the dog was moved to and would need verification. Councilmember Goodrich inquired if the hearing would still be held if the dog was out of the City. Mr. Baumgartner stated verification would still need to occur if the dog has been put down or was located in another city, and in addition, that city would need to be notified. The decision could be made at that hearing, that if the dog were to be returned to the City, the City could abate. Mayor Trude stated it is not uncommon in these situations to have retaliation or threats made. If that occurs, Mr. Dickinson stated the residents should please call 911 and request dispatch. If it is not an emergency, residents can call City Hall and ask for Mr. Dickinson or Ms. Hartner. Residents can also email Mr. Dickinson as his email address is posted on the City's website. Mayor Trude stated residents have the right to feel safe in their homes and enjoy the outdoors. Councilmember Goodrich indicated the residents should not hesitate calling the Sheriff s Office. Mr. Baumgartner stated if they call 911 it would be helpful to state that the dog has been declared a dangerous dog. Mayor Trude indicated if the dispatchers know that information, they could send someone with additional training to respond. ADMINISTRATOR'S REPORT City staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Legislative Update) Mr. Dickinson updated the Council on the proposed Met Council Regular Andover City Council Meeting Minutes — May 3, 2016 Page 8 1 governance reform bills. This legislation is still in committee with the House and Senate bills 2 still being different from one another. The proposed legislation regarding Drop Houses, 3 temporary structures for the care or caregiver of an individual, now has a provision where the 4 cities would have the ability to opt out. Mr. Dickinson expressed a preference for cities to opt in. 5 Councilmembers expressed various viewpoints on the topic. On the matter of tax increment 6 financing, this does not affect TIF districts the City has because they are pre -1990 districts, so it 7 is not much of an impact, and the City work can continue on our redevelopment plans. Franchise 8 fees are also being discussed in the legislature, such as gas, electric, and utilities, with a 9 percentage of the bill being turned over to cities. The matter goes to transparency. The City of 10 Andover does not have franchise fees. Using a franchise fee to fund city staff is what is seen as 11 the problem. It was originally intended for use with something in the right-of-way. The funding 12 in the bonding bill to remove the hazardous waste pit at the WDE Site is not listed in the Senate 13 bonding bill. Mr. Dickinson has been sending out emails to representatives requesting that it be 14 included in the House bill, and is working specifically with Representative Scott. She has 15 identified the clean-up of the WDE site as very important. The funding request is simply to 16 remove the hazardous waste pit, that is just a small part of the 122 acre site, only 2-3 acres for 17 $12M. 18 19 (Financial) Mr. Dickinson updated the Council on the audit. There will be a presentation at the 20 next meeting. He reported that the City got a clean report. QTCV also received a clean audit 21 report. Budgeting and CIP work has begun. 22 23 (Recycling Day) Mr. Dickinson reported that 10,000 pounds of paper was shredded, 250 tires 24 were disposed of, 5 tons of electronic equipment was recycled along with fluorescent bulbs, 25 mattresses and more. 26 27 Councilmember Goodrich asked if Mr. Dickinson had talked to Senator Abler about the 28 hazardous waste pit. Mr. Dickinson responded he had sent communication as well as to others. 29 He inquired who citizens could call if they are concerned. Mr. Dickinson replied residents could 30 contact Gretta Gauthier, Legislative Director with the Pollution Control Agency via phone at 31 651-757-2031. 32 33 MAYOR/COUNCIL INPUT 34 35 (Groundbreaking) Councilmember Bukkila stated she had attended the ground breaking 36 ceremony at the ReMax property. She commented it will be a beautiful building. 37 38 (City -Wide Garage Sale) Councilmember Bukkila reminded residents the City -Wide garage sale 39 is coming up May 12th— 101. Residents should be mindful of the traffic and keep their garages 40 closed if they are not having a sale for safety. Maps will be available at City Hall. 41 42 (Ribbon -Cutting) Mayor Trude mentioned the ribbon cutting for Rose Park earlier that evening. 43 There are now 2 new baseball fields for younger children, along with a playground, and bigger Regular Andover City Council Meeting Minutes — May 3, 2016 Page 9 1 parking lot. 2 3 (National Water Challenge) Mayor Trade stated Andover was still number 1 when she checked 4 last. When the challenged ended, the website changed and the cities will be notified if they are a 5 winning city in each population category. Mayor Trade praised the Andover High School 6 students who really advocated for this effort. 7 8 (Minnesota Mayors Conference) At the conference there was discussion about the success of 9 the Minnesota economy. The reasons given were related to the Fortune 500 companies and the 10 variety of industry in Minnesota. 11 12 (Heart Safe Communities) Mayor Trude reported that on April 27`" 78 people were trained in 13 AED use. All of the Councilmembers have now attended a program. The Lions Club will be 14 sponsoring a booth at the Family Fun Fest as well. The effort has to reach 5% of the population 15 to be considered a Heart Safe Community. 16 17 ADJOURNMENT 18 19 Motion by Holthus, Seconded by Goodrich, to adjourn. Motion carried unanimously. The 20 meeting adjourned at 8:08 p.m. 21 22 Respectfully submitted, 23 24 Marlene White, Recording Secretary 25 Regular Andover City Council Meeting Minutes — May 3, 2016 Page 10 REGULAR ANDOVER CITY CO UNCIL MEETING MINUTES — MAY 3, 2016 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 PROCLAMATION — ARBOR MONTH........................................................................................ 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims.........................................................................................2 Item 3 Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements(R044-16)..................................................................................... 2 Item 4 Approve Hold Harmless & Easement Encroachment Agreement/1432-141St Lane NW ...................................................................................................................................... 2 Item 5 Accept Drainage and Utility Easement — Country Oaks North -S W Land, LLC .......... 2 Item 6 Accept Drainage and Utility Easement —15847 and 15873 Linnet Street NW............ 2 Item 7 Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2°d Addition — Mark Smith........................................................................... 2 Item 8 Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program (Ord. 461).............................................................................................. 2 Item 9 Accept Retirement Streets Maintenance Worker......................................................... 2 Item 10 Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOMEPrograms............................................................................................................... 2 Item 11 Declare Surplus Equipment........................................................................................... 2 Item 12 Authorize RFP-Agent/Broker of Record City's Employee Benefits Program .............. 2 PUBLIC HEARING — VACATION OF DRAINAGE AND UTILITY EASEMENT — 1189 162ND AVE NW — ANTHONY PETERSON(R045-16)........................................................... 2 PUBLIC HEARING — VACATION OF VEHICLE MAINTENANCE ACCESS EASEMENT — COUNTRY OAKS NORTH — SW LAND, LLC(R046-16)..................................................... 3 CONSIDER CLASSIFYING DANGEROUS DOG/2045-142ND LANE (R047-16) ..................... 4 ADMINISTRATOR'S REPORT.................................................................................................... 7 MAYOR/COUNCIL INPUT.......................................................................................................... 8 (Groundbreaking)........................................................................................................................ 8 (City -Wide Garage Sale)............................................................................................................. 8 (Ribbon-Cutting)......................................................................................................................... 8 (National Water Challenge)........................................................................................................ 9 (Heart Safe Communities).......................................................................................................... 9 ADJOURNMENT........................................................................................................................... 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator/ Finance Director Lee Brezinka, Assistant Finance Director Payment of Claims May 17, 2016 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $241,724.93 on disbursement edit lists 91 - 2 from 05/06/16 to 05/12/16 have been issued and released. Claims totaling $475,545.12 on disbursement edit list #3 dated 05/17/16 will be issued and released upon approval. BUDGETIMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $717,270.05. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 05/06/2016 - 11:35AM Batch: 00402.05.2016 W, ri,A ' ; I<: Invoice No Description Amount Payment Date Acct Number Reference Vendor: AbleHose Able Hose And Rubber Check Sequence: 1 ACH Enabled: False 1-873786 Misc. supplies 141.86 05/06/2016 0101-45000-61020 05/06/2016 0101-42200-61020 59875 Check Total: 141.86 05/06/2016 0101-42200-61020 Vendor: ,Activ911 Active911, Inc. Vendor: AndFunFe Check Sequence: 2 - ACH Enabled: False 7269 Check Sequence: 6 ACH Enabled: False Device upgrade(Order #7269) 22.56 05/06/2016 0101-42200-63010 0101-41100-61320 Check Total: Check Total: 22.56 Vendor: AnkCOlO Anoka Co Highway Vendor: AFLAC AFLAC Fun Fest 2016 AFFF Special Event Permit Check Sequence: 3 ACH Enabled: False 145811 April 2016 Premiums 338.16 05/06/2016 0101-00000-21209 Check Total: 338.16 Vendor: APA American Planning Association Check Sequence: 4 ACH Enabled: False 140090-1643 APA Membership - Stephanie Hanson 320.00 05/06/2016 0101-41500-61320 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 1 Check Total: 320.00 Vendor: AncomTec Ancom Technical Center Check Sequence: 5 ACH Enabled: False 59874 Repair of Pager 108.00 05/06/2016 0101-42200-61020 59875 Repair of Pager 108.00 05/06/2016 0101-42200-61020 Check Total: 216.00 Vendor: AndFunFe Andover Fun Fest Check Sequence: 6 ACH Enabled: False 2 Community Booths 130.00 05/06/2016 0101-41100-61320 Check Total: 130.00 Vendor: AnkCOlO Anoka Co Highway Check Sequence: 7 ACH Enabled: False Fun Fest 2016 AFFF Special Event Permit 50.00 05/06/2016 0101-49100-63905 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 50.00 Vendor: AnkCo20 Anoka Co Parks Check Sequence: 8 ACH Enabled: False 2016-001 Bunker Hills Dog Park - 2015 0 & M Expenses 3,478.00 05/06/2016 0101-45000-63010 Check Total: 3,478.00 Vendor: ArchwyCo Archway Contracting, Inc. Check Sequence: 9 ACH Enabled: False Settlement Payment 2,500.00 05/06/2016 6200-48900-63010 Check Total: 2,500.00 Vendor: AspenMil Aspen Mills Check Sequence: 10 ACH Enabled: False 180445 Embroidery - KristyW. 9.85 05/06/2016 0101-42200-61305 Check Total: 9.85 Vendor: B1akeDri Blake Drilling Company, In Check Sequence: 11 ACH Enabled: False 17827 Wellpoint dewatering system installed 2,824.00 05/06/2016 5100-48100-63100 17828 Wellpoint dewatering system installed 2,824.00 05/06/2016 5100-48100-63100 Check Total: 5,648.00 Vendor: Boyerl Boyer Truck Parts Check Sequence: 12 ACH Enabled: False 1053600 Supplies for Unit #171 209.63 05/06/2016 6100-48800-61115 Check Total: 209.63 Vendor: CCPIND CCP Industries Inc Check Sequence: 13 ACH Enabled: False IN01674304 Mise Supplies 173.46 05/06/2016 6100-48800-61020 Check Total: 173.46 Vendor: CentWood Central Wood Products - Rivard Companies Check Sequence: 14 ACH Enabled: False 203286 2203 Rec-Step Cert. Playground 1,615.00 05/06/2016 010145000-61105 203287 2203 Rec-Step Cert. Playground 1,615.00 05/06/2016 010145000-61105 Check Total: 3,230.00 Vendor: CintasCo Cintas Corporation Check Sequence: 15 ACH Enabled: False 5004958974 Misc. Supplies - CC 19.17 05/06/2016 2130-44000-61020 Check Total: 19.17 AP -Computer Check Proof List by Vendor (05/06/2016 -11:35 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: CityAndo City of Andover Check Sequence: 16 ACH Enabled: False Slyzuk Property - 9.36 05/06/2016 0101-41930-62025 214132 Public Works - Storm Water 333.98 05/06/2016 0101-41930-62025 204320 2nd Parcel PW - Storm Water 256.05 05/06/2016 0101-41930-62025 204320 1st Parcel PW - Storm Water 318.48 05/06/2016 0101-41930-62025 204320 Sunshine Park - Storm Water 9.36 05/06/2016 0101-45000-62025 204322 City Hall/Sr Ctr - Storm Water 254.46 05/06/2016 0101-41910-62025 204323 Strip Along Hanson Blvd 42.94 05/06/2016 2130-44000-62025 204323 CH Park Lights - Storm Water 9.36 05/06/2016 0101-45000-62025 204323 Pumphouse #4 9.36 05/06/2016 5100-48100-62025 204323 Pumphouse #6 -Storm Water 9.36 05/06/2016 5100-48100-62025 204324 Pumphouse #7 - Storm Water 9.36 05/06/2016 5100-48100-62025 204325 Hidden Creek N - Storm Water 9.36 05/06/2016 0101-45000-62025 204326 Shadowbrook E PK - Storm Water 9.36 05/06/2016 0101-45000-62025 204327 Water Treatment Plant - Storm 89.06 05/06/2016 5100-48100-62025 204328 Fire Station #3 - Storm Water 9.36 05/06/2016 0101-41920-62025 204329 Community Center - Storm Water 425.83 05/06/2016 2130-44000-62025 204330 Country Oaks Pk - Storm Water 9.36 05/06/2016 0101-45000-62025 204332 Hickory Meadows Pk - Storm War 9.36 05/06/2016 0101-45000-62025 204348 Fire Station #1 - Storm Water 9.36 05/06/2016 0101-41920-62025 204349 Crooked Lake Boat Landing 9.36 05/06/2016 0101-45000-62025 212987 Eveland Fields - Storm Water 9.36 05/06/2016 0101-45000-62025 212988 Fox Meadow Park - Storm Water 9.36 05/06/2016 0101-45000-62025 212989 Hawkridge Park - Storm Water 9.36 05/06/2016 0101-45000-62025 212990 Hidden Creek E Pk - Storm Wat 9.36 05/06/2016 0101-45000-62025 212991 Hills Of Bunker Lk W Park 9.36 05/06/2016 0101-45000-62025 212992 Northwoods East Park - Storm 9.36 05/06/2016 0101-45000-62025 212993 Northwoods West Park - Storm 9.36 05/06/2016 0101-45000-62025 212994 Oak Bluff Park - Storm Water 9.36 05/06/2016 0101-45000-62025 212995 Pine Hills Park - Storm Water 9.36 05/06/2016 0101-45000-62025 212996 Pleasant Oaks Park - Storm Wat 9.36 05/06/2016 0101-45000-62025 212997 Prairie Knoll Park- Storm 9.36 05/06/2016 010145000-62025 212998 Water Tower #1 - Storm Water 9.36 05/06/2016 5100-48100-62025 212999 Pumphouse #8 -Storm Water 9.36 05/06/2016 5100-48100-62025 213000 Red Oaks W Pk - Storm Water 9.36 05/06/2016 0101-45000-62025 213001 Terrace Park - Storm Water 9.36 05/06/2016 0101-45000-62025 213002 Timber Trails Park - Storm Wat 9.36 05/06/2016 0101-45000-62025 213003 Wild Iris Park - Storm Water 9.36 05/06/2016 010145000-62025 213004 Pumphouse #1 - Storm Water 9.36 05/06/2016 5100-48100-62025 213005 Pumphouse 92 - Storm Water 9.36 05/06/2016 5100-48100-62025 213006 Pumphouse #3 -Storm Water 9.36 05/06/2016 5100-48100-62025 213007 Pumphouse 45 - Storm Water 9.36 05/06/2016 5100-48100-62025 213008 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Langsethpark - Storm Water 9.36 05/06/2016 0101-45000-62025 213009 Chesterton Commons Park 9.36 05/06/2016 0101-45000-62025 213012 NordeensPark - Storm Water 9.36 05/06/2016 0101-45000-62025 213013 Creekview Crossing Park 9.36 05/06/2016 0101-45000-62025 213014 Kelsey Round Lk Park 9.36 05/06/2016 0101-45000-62025 213015 Strootman Park - Storm Water 9.36 05/06/2016 0101-45000-62025 213016 Fire Station #2 9.36 05/06/2016 0101-41920-62025 213076 Shady Knoll Park - Storm Water 9,36 05/06/2016 0101-45000-62025 213078 Oak Bluff Park 16.16 05/06/2016 0101-45000-62010 212995 Rose Park - Irrigation 16.16 05/06/2016 0101-45000-62010 214132 Public Works 720.69 05/06/2016 0101-41930-62010 204320 1929 Crosstown Blvd 9.36 05/06/2016 0101-41930-62025 204321 Sunshine Park 229.41 05/06/2016 0101-41970-62010 204322 City Hall/Senior Center 608.95 05/06/2016 0101-41910-62010 204323 Pumphouse#6 16.16 05/06/2016 5100-48100-62010 204324 Pumphouse#7 16.16 05/06/2016 5100-48100-62010 204325 Hidden Creek North Park 16.16 05/06/2016 0101-45000-62010 204326 Shadowbrook East Park 16.16 05/06/2016 0101-45000-62010 204327 Water Treatment Plant 1,403.55 05/06/2016 5100-48100-62010 204328 Fire Station #3 240.01 05/06/2016 0101-41920-62010 204329 Community Center 3,520.93 05/06/2016 2130-44000-62010 204330 Community Center 108.89 05/06/2016 2130-44100-62010 204330 County Oaks Park 16.16 05/06/2016 0101-45000-62010 204332 Jay St Sprinkler House 16.16 05/06/2016 2110-00000-11310 204333 ASN Ballfields 164.59 05/06/2016 0101-45000-62010 204334 ASN Sprinkler House 16.16 05/06/2016 0101-45000-62010 204335 Community Garden Plots 16.16 05/06/2016 4180-49300-62010 204339 Woodland Estates Park 16.16 05/06/2016 0101-45000-62010 204340 Stop -N -Shop 46.10 05/06/2016 4501-49300-62010 212986 Hickory Meadow Park 16.16 05/06/2016 0101-45000-62010 204348 Fire Station #1 147.25 05/06/2016 0101-41920-62010 204349 2600 138th Ave NW 12.57 05/06/2016 4501-49300-62010 204350 Pumphouse93 16.16 05/06/2016 5100-48100-62010 213007 Check Total: 9,536.30 Vendor: StPaulCi City of St. Paul Check Sequence: 17 ACH Enabled: False IN00015318 Asphalt Mix 906.12 05/06/2016 0101-43100-61125 Check Total: 906.12 Vendor: Clareys Clarey's Safety Equipment Check Sequence: 18 ACH Enabled: False 166019 Eyeglass holder kit (8) 410.31 05/06/2016 0101-42200-61020 AP -Computer Check Proof List by Vendor (05/06/2016 -11:35 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 5 Check Total: 410.31 Vendor: CollinsS Steve Collins Check Sequence: 19 ACH Enabled: False LTS Program Learn to Skate (4/14,4/21,4/28) 90.00 05/06/2016 2130-44300-63005 LTS Program Learn to Skate (3/8-5/1) 800.00 05/06/2016 2130-44300-63005 Check Total: 890.00 Vendor: Comcast5 Comcast Check Sequence: 20 ACH Enabled: False 8772107890001086 City Hall -Internet 99.98 05/06/2016 0101-41910-62030 8772107890001086 Fire Station #2 66.85 05/06/2016 0101-41920-62030 763-421-9426 8772107890001086 Fire Station #3 91.80 05/06/2016 0101-41920-62030 763-434-6173 8772107890001086 Public Works 26.94 05/06/2016 0101-41930-62030 763-755-8118 8772107890001086 Public Works 107.76 05/06/2016 5100-48100-62030 763-755-8118 8772107890001086 Water Treatment Plant 116.75 05/06/2016 5100-48100-62030 763-862-8874 8772107890001086 Community Center 216.55 05/06/2016 2130-44000-62030 763-755-2129 8772107890001086 Sunshine Park 20.95 05/06/2016 0101-41975-62030 763-755-9189 8772107890001086 Sunshine Park 20.95 05/06/2016 0101-41970-62030 763-755-9189 8772107890001086 City Hall 169.69 05/06/2016 0101-41910-62030 763-755-5100 8772107890001086 Fire Station #1 109.80 05/06/2016 0101-41920-62030 763-755-9825 8772107890001086 Andover Station N Ballfields 41.90 05/06/2016 0101-41980-62030 763-767-2547 8772107890001086 Public Works - Internet 99.98 05/06/2016 0101-41930-62030 Check Total: 1,189.90 Vendor: Connexl Connexus Energy Check Sequence: 21 ACH Enabled: False Litt Station #6 56.87 05/06/2016 5200-48200-62005 386026-275284 Litt Station #7 40.20 05/06/2016 5200-48200-62005 386026-276742 TImber Trail Park Security Lights 10.14 05/06/2016 0101-45000-62005 386026-277955 Fire Station #3 396.98 05/06/2016 0101-41920-62005 386026-279236 Community Center 13,485.73 05/06/2016 2130-44000-62005 386026-281212 Lift Station #8 69.81- 05/06/2016 5200-48200-62005 386026-281840 13914 Prairie Rd Traffic Sign 18.40 05/06/2016 0101-43500-62005 386026-282927 Altitude Control Vault 17.11 05/06/2016 5100-48100-62005 386026-303716 EDA Reader Board 17.68 05/06/2016 2110-46500-62005 386026-303870 Hills Bunker Lk W Pk Sec Light 8.41 05/06/2016 0101-45000-62005 386026-294591 13711 Crosstown Blvd NW 56.74 05/06/2016 2110-46500-62005 386026-303295 Sports Complex -3535 161st Ave 246.62 05/06/2016 0101-45000-62005 386026-304108 Martin & Commercial- Lights 233.60 05/06/2016 2110-00000-11310 386026-255963 13914 Prairie Road - Signal 30.52 05/06/2016 0101-43400-62005 386026-282927 Pumphouse#8 1,051.95 05/06/2016 5100-48100-62005 386026-273808 Pleasant Oaks -Security Light 12.70 05/06/2016 0101-45000-62005 386026-238968 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Prairie Knoll Park 234.41 05/06/2016 .0101-45000-62005 386026-275569 Creekview Crossing Park 12.70 05/06/2016 0101-45000-62005 386026-175877 County Rd Intersect Lights 2,562.69 05/06/2016 0101-43500-62005 386026-176059 Fox Meadows Park 12.70 05/06/2016 0101-45000-62005 386026-175264 Nordeens Park 8.00 05/06/2016 0101-45000-62005 386026-175703 Electric Service 18.40 05/06/2016 0101-43500-62005 386026-230276 Wayside Horn - 1000 Crosstown Blvd, 23.27 05/06/2016 0101-43400-62005 386026-299229 Control Valve Vault 20.50 05/06/2016 5100-48100-62005 386026-201816 Signal -14298 Round Lake 14.77 05/06/2016 0101-43500-62005 386026-279219 Andover Blvd & Hanson - Signal 39.83 05/06/2016 0101-43400-62005 386026-284894 Pine Hills Park 12.70 05/06/2016 0101-45000-62005 386026-256788 Hidden Creek North Park 13.50 05/06/2016 0101-45000-62005 386026-261455 Shadowbrook East Park 21.91 05/06/2016 0101-45000-62005 386026-267140 City Hall Park Lighting 30.32 05/06/2016 0101-45000-62005 386026-268970 1600 Crosstown Blvd - Signal 43.22 05/06/2016 0101-43400-62005 386026-269010 2139 Bunker Lake -Signal 73.47 05/06/2016 0101-00000-11310 386026-269011 Terrace Park -Security Lights 8.41 05/06/2016 0101-45000-62005 386026-270409 Eveland Field -Security Lights 8.41 05/06/2016 010145000-62005 386026-270410 Wild IrisPark-SecurityLights 8.41 05/06/2016 0101-45000-62005 386026-270411 Strootman Park -Security Lights 8.41 05/06/2016 0101-45000-62005 386026-270412 Water Treatment Plant 4,143.77 05/06/2016 5100-48100-62005 386026-271472 SunshinePark- Electric 136.06 05/06/2016 0101-45000-62005 386026-273153 Signal & Lights -16119 Hanson 79.82 05/06/2016 0101-43400-62005 386026-305951 Recycling Center 39.75 05/06/2016 0101-46000-62005 386026-304690 Round Lake & 136th 4.60 05/06/2016 0101-43500-62005 386026-201283 Round Lake & 135th 4.60 05/06/2016 0101-43500-62005 386026-201284 County Road 9 & 116 20.69 05/06/2016 0101-43500-62005 386026-201749 Round Lake & 138th 14.77 05/06/2016 0101-43500-62005 386026-201751 Bunker & Hanson 18.40 05/06/2016 0101-43500-62005 386026-203068 Round Lake 140th 18.40 05/06/2016 0101-43500-62005 386026-201777 Bunker Lake & Heather 22.16 05/06/2016 0101-43500-62005 386026-251490 Bunker Lake & Rose St 14.77 05/06/2016 0101-43500-62005 386026-251491 Bunker Lake & Jay 29.54 05/06/2016 0101-43500-62005 386026-251653 Signal Bunker & Crosstown 29.54 05/06/2016 0101-43500-62005 386026-251654 Signal Andover & Crosstown 29.54 05/06/2016 0101-43500-62005 386026-266238 Signal 1600 Crosstown 29.54 05/06/2016 0101-43500-62005 386026-269010 Signal- Crosstown & Andover Blvd. 44.03 05/06/2016 0101-43400-62005 386026-266238 Andover Station II - Lights 249.75 05/06/2016 2110-00000-11310 386026-295855 1019 Andover Blvd- Wayside Hom 22.83 05/06/2016 0101-43400-62005 386026-297583 Crooked Lake Boat Shelter 14.67 05/06/2016 0101-45000-62005 386026-298796 Signal -13976 Hanson Blvd. NW 37.75 05/06/2016 0101-43400-62005 386026-298781 Oak BluffPark-SecurityLight 21.91 05/06/2016 010145000-62005 386026-299378 Bus Sign -1721 Bunker Lk Blvd 19.08 05/06/2016 2110-00000-11310 386026-299532 AP -Computer Check Proof List by Vendor (05/06/2016 -11:35 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Bus Sign -13980 Hanson Blvd 35.65 05/06/2016 2110-00000-11310 386026-299533 ASN.Street Lights 226.42 05/06/2016 2110-00000-11310 386026-299989 Siren #5-2748161st Ave NW 5.00 05/06/2016 0101-42400-62005 386026-300397 Siren #12 - Bunker & Marigold St. NW 5.00 05/06/2016 0101-42400-62005 386026-300398 Siren #10 -145th & Vintage St. NW 5.00 05/06/2016 0101-42400-62005 386026-300399 Siren #11 - 138th Lane & Drake St. NW 5.00 05/06/2016 0101-42400-62005 386026-300400 Kelsey/Rd Lk Pk -Security Light 12.70 05/06/2016 0101-45000-62005 386026-246004 Round Lake & 161st -Signal 36.82 05/06/2016 0101-43400-62005 386026-230276 Hawkridge Park -Security Light 44.61 05/06/2016 0101-45000-62005 386026-230286 Sunshine Park 343.25 05/06/2016 0101-45000-62005 386026-230685 City Hall- Light 1,367.68 05/06/2016 0101-41910-62005 386026-231135 Round Lake & 138th -Signal 39.85 05/06/2016 0101-43400-62005 386026-201751 Pumphouse#1 61.65 05/06/2016 5100-48100-62005 386026-201767 Round Lake & 140th -Signal 39.15 05/06/2016 0101-43400-62005 386026-201777 North Woods West Park 21.66 05/06/2016 0101-45000-62005 386026-201868 Hanson & 138th Lane 13.50 05/06/2016 5300-48300-62005 386026-202678 Bunker & Hanson -Signal 53.12 05/06/2016 0101-43400-62005 386026-203068 Pumphouse#3 46.38 05/06/2016 5100-48100-62005 386026-203069 Prairie Knoll Park 34.96 05/06/2016 0101-45000-62005 386026-175813 15700 7th Ave- Signal 35.65 05/06/2016 0101-43400-62005 386026-275108 Fire Station #1 660.37 05/06/2016 0101-41920-62005 386026-68989 Lift Station #5 40.31 05/06/2016 5200-48200-62005 386026-273019 Community Center Concession Stand 417.08 05/06/2016 2130-44100-62005 386026-281212 Red Oaks W Pk -Security Light 12.70 05/06/2016 0101-45000-62005 386026-246005 Lift Station #2 49.53 05/06/2016 5200-48200-62005 386026-250066 Lift Station #3 56.64 05/06/2016 5200-48200-62005 386026-250421 Northwood E Pk -Security Light 8.41 05/06/2016 0101-45000-62005 386026-250587 Bunker Lake & HeatherSt- Signal 47.99 05/06/2016 0101-43400-62005 386026-251490 Bunker Lake & Rose St - Signal 45.91 05/06/2016 0101-43400-62005 386026-251491 Bunker Lake & Jay St - Signal 50.32 05/06/2016 0101-43400-62005 386026-251653 Signal 15390 Hanson Blvd 38.43 05/06/2016 0101-43400-62005 386026-287969 1157 Andover Blvd- Well#9 2,301.48 05/06/2016 5100-48100-62005 386026-286880 Subdivision Interior Street Lt 14,664.42 05/06/2016 0101-43600-62005 386026-176201 Tower#1 159.34 05/06/2016 5100-48100-62005 386026-178452 Fire Station #2 462.34 05/06/2016 0101-41920-62005 386026-178835 Lift Station #1 142.91 05/06/2016 5200-48200-62005 386026-178836 Pumphouse 02 223.85 05/06/2016 5100-48100-62005 386026-201125 Round Lake & 136th -Signal 20.39 05/06/2016 0101-43400-62005 386026-201283 14298 Round Lake -Signal 32.39 05/06/2016 0101-43400-62005 386026-279219 Andover Station North Ballfld 217.37 05/06/2016 0101-45000-62005 386026-292904 Andover St Ballfield Lights 28.46 05/06/2016 0101-45000-62005 386026-292904 Andover StN Ballfield Lights 42.68 05/06/2016 0101-43500-62005 386026-292034 Public Works 2,042.45 05/06/2016 0101-41930-62005 386026-159276 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Langseth Park 12.70 05/06/2016 0101-45000-62005 386026-174273 Hidden Creek North Park 25.40 05/06/2016 0101-45000-62005 386026-174280 Bunker Lake & Crosstown -Signal 55.58 05/06/2016 0101-43400-62005 386026-251654 Lift Station #4 206.91 05/06/2016 5200-48200-62005 386026-251905 Signal 1594 Andover Blvd 18.40 05/06/2016 0101-43500-62005 386026-284894 Pumphouse #7 68.39 05/06/2016 5100-48100-62005 386026-255064 13551 Jay Street- Lights 175.31 05/06/2016 2110-00000-11310 386026-255962 Signal 15390 Hanson Blvd 18.40 05/06/2016 0101-43500-62005 386026-287969 Signal 15698 Round Lake Blvd 18.40 05/06/2016 0101-43500-62005 386026-290712 Signal 13976 Hanson BLvd 18.40 .05/06/2016 0101-43500-62005 386026-298781 Shady Knoll Pk -Security Light 12.70 05/06/2016 0101-45000-62005 386026-304218 Crooked Lk Elementary Rink 41.50 05/06/2016 010145000-62005 386026-306807 Siren 46 - 16050 Constance Blvd. NW 5.00 05/06/2016 0101-42400-62005 386026-300401 Siren #8-1685 Crosstown Blvd. NW 5.00 05/06/2016 0101-42400-62005 386026-300402 Siren #2 -174th & Round Lake Blvd. NW 5.00 05/06/2016 0101-42400-62005 386026-300403 Siren #9 -139th & Crosstown Blvd. NW 5.00 05/06/2016 0101-42400-62005 386026-300404 Siren #7- Andover Blvd. & Prairie Road 5.00 05/06/2016 0101-42400-62005 386026-300405 Siren #1 -176th & Ward Lake Drive NW 5.00 05/06/2016 0101-42400-62005 386026-300406 Siren #3-16860 Roanoke St. NW 5.00 05/06/2016 0101-42400-62005 386026-300407 Siren #4 - 158th & Dakota St. NW 5.00 05/06/2016 0101-42400-62005 386026-300408 Hawkridge Park -Service #2 36.82 05/06/2016 0101-45000-62005 386026-301889 Chesterton Commons Pk -Security 8.41 05/06/2016 0101-45000-62005 386026-301899 Country Oaks W Pk -Security 8.41 05/06/2016 0101-45000-62005 386026-301901 CH Campus Outdoor Hockey Rinks 26.32 05/06/2016 0101-45000-62005 386026-302015 15700 7th St, - Traffic Signal 18.40 05/06/2016 0101-43500-62005 386026-275108 Signal 15698 Rd Lk Blvd 31.34 05/06/2016 0101-43400-62005 386026-290712 Lift Station #9 34.72 05/06/2016 5200-48200-62005 386026-287602 Country Oaks Park 5.00 05/06/2016 0101-45000-62005 386026-289790 Round Lake & 136th -Signal 24.99 05/06/2016 0101-00000-13201 386026-201283 Round Lake & 135th -Signal 20.15 05/06/2016 0101-43400-62005 386026-201284 Round Lake & 135th -Signal 24.76 05/06/2016 0101-00000-13201 386026-201284 County Road 9 & 116 -Signal 36.62 05/06/2016 0101-43400-62005 386026-201749 County Road 9 & 116 -Signal 19.11 05/06/2016 0101-00000-13201 386026-201749 Pumphouse#4 230.56 05/06/2016 5100-48100-62005 386026-231280 City Hall Garage 18.16 05/06/2016 0101-41960-62005 386026-231281 Tower#2 28.66 05/06/2016 5100-48100-62005 386026-231282 Pumphouse #5 140.98 05/06/2016 5100-48100-62005 386026-237118 Hidden Creek E Pk -Sec Lightl 12.70 05/06/2016 0101-45000-62005 386026-238967 Pumphouse#6 51.31 05/06/2016 5100-48100-62005 386026-245409 Check Total: 49,663.79 Vendor: Connex2 Connexus Energy Check Sequence: 22 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 Alva Page 8 Invoice No Description Amount Payment Date Acct Number Reference Escrow Refund Planning Dept. Fees -95.51 05/06/2016 0101-41500-54290 Escrow Refund Connexus Capacitor Bank 833.24 05/06/2016 7200-00000-24214 Check Total: 737.73 Vendor: Cottens Cottens', Inc 195504 Air Filter - Unit #4807 Check Total: Vendor: DehnOil Dehn Oil Company 47907 Unleaded Fuel 47908 Diesel Fuel Check Total: Vendor: Earthben Earthbend 63532 EBTEKPSDCENGSR - 8 Hours Check Total: Vendor: EFES Eastern Fire Equipment Services 3269740 Supplies for Stock & Unit #4821-01 Vendor: ECM 336540 339204 339777 342263 342264 342265 342266 342267 Vendor: EliteSan 23107 23107 23107 23112 Check Total ECM Publishers, Inc. VAC Cty Oaks N - PH Ordinance 459 Spring Recycling Day Oaks West Easement PH Oaks North PH Ordinance No. 460 Eggen Property Sketch Plan Winslow Woods Check Total: Elite Sanitation April 2016 Porta Potties-NMSA April 2016 Porta Potties -ABA April 2016 Porta Potties -Parks Recycle Day 11M 11.13 586.50 1,955.00 2,541.50 1,200.00 1,200.00 537.07 537.07 96.75 69.88 336.00 86.00 96.75 75.25 43.00 43.00 846.63 232.19 392.74 857.16 92.00 Check Sequence: 23 05/06/2016 6100-48800-61115 Check Sequence: 24 05/06/2016 6100-48800-61045 05/06/2016 6100-48800-61050 Check Sequence: 25 05/06/2016 0101-41420-63005 Check Sequence: 26 05/06/2016 6100-48800-61115 Check Sequence: 27 05/06/2016 0101-41500-63025 05/06/2016 0101-41500-63025 05/06/2016 0101-46000-63025 05/06/2016 0101-41500-63025 05/06/2016 0101-41500-63025 05/06/2016 0101-41500.63025 05/06/2016 0101-41500-63025 05/06/2016 0101-41500-63025' Check Sequence: 28 05/06/2016 0101-00000-24201 05/06/2016 0101-00000-24201 05/06/2016 0101-45000-62200 05/06/2016 0101-46000-62200 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 1,574.09 Vendor: EnvEquip Environmental Equipment Check Sequence: 29 ACH Enabled: False 12637 Credit - Parts for Unit#171 -87.00 05/06/2016 6100-48800-61115 12662 Parts for Unit #173 50.23 05/06/2016 6100-48800-61115 12706 Steel Gutter Brooms 2,000.00 05/06/2016 0101-43100-61020 12744 Supplies for Unit#172 47.13 05/06/2016 6100-48800-61115 Check Total: 2,010.36 Vendor: EvergRee Evergreen Recycling LLC Check Sequence: 30 ACH Enabled: False 1867 Recycle Day 4/23/2016 1,162.00 05/06/2016 - 0101-46000-63010 Check Total: 1,162.00 Vendor: Fastenal Fastenal Company Check Sequence: 31 ACH Enabled: False MNTC8139964 Misc Supplies - Parks 145.16 05/06/2016 0101-45000-61020 Check Total: 145.16 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 32 ACH Enabled: False 0187551 Misc Supplies - Water Dept. 2,865.80 05/06/2016 5100-48100-61135 Check Total: 2,865.80 Vendor: FirstStT First State Tire Recycling Check Sequence: 33 ACH Enabled: False Recycle Day Recycling Day Services 379.25 05/06/2016 0101-46000-63010 Check Total: 379.25 Vendor: Frattalo Frattallone's Hardware Sto Check Sequence: 34 ACH Enabled: False 025905/7 Mise. Supplies 30.10 05/06/2016 6100-48800-61020 026100/7 Plug Sq Head 1/2" Black 1.29 05/06/2016 5100-48100-61135 Check Total: 31.39 Vendor: FreedFen Freedom Fence Inc. Check Sequence: 35 ACH Enabled: False 14527 Fence Installation - 1389 156th Lane 450.00 05/06/2016 0101-45000-63100 Check Total: 450.00 Vendor: G&K G&K Services Inc Check Sequence: 36 ACH Enabled: False 1182675111 Uniform Cleaning 62.36 05/06/2016 0101-45000-61020 1182675111 Uniform Cleaning 20.79 05/06/2016 0101-43300-61020 AP -Computer Check Proof List by Vendor (05/06/2016 -11:35 AM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 1182675111 Uniform Cleaning 145.52 05/06/2016 0101-43100-61020 1182675111 Uniform Cleaning 41.56 05/06/2016 5200-48200-61005 1182675111 Uniform Cleaning 20.77 05/06/2016 6100-48800-61020 1182675111 Uniform Cleaning 20.80 05/06/2016 5100-48100-61005 Check Total: 311.80 Vendor: GovConn GovConnection, Inc. Check Sequence: 37 ACH Enabled: False 53712470 Stock Items 337.88 05/06/2016 0101-41420-61225 Check Total: 337.88 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 38 ACH Enabled: False 201608 Electrical Inspections 2,258.25 05/06/2016 0101-42300-63005 Check Total: 2,258.25 Vendor: Henrys Henry's Waterworks, Inc. Check Sequence: 39 - ACH Enabled: False 18403 Red Flexstake Hydrant Markers (1 00) 2,388.50 05/06/2016 5100-48100-61110 Check Total: 2,388.50 Vendor: HolmesMi Michelle Holmes Check Sequence: 40 ACH Enabled: False LTS Program Learn to Skate (3/8-5/1) 160.00 05/06/2016 2130-44300-63005 Check Total: 160.00 Vendor: HomComtr HOM Commercial Flooring Check Sequence: 41 ACH Enabled: False 87-4999 Carpet Replacement/Install - FS#1 8,681.86 05/06/2016 0101-41920-63105 Check Total: 8,681.86 Vendor: JessoLuk Luke Jesso Check Sequence: 42 ACH Enabled: False Pickleball Pickleball Trainer- 3 Sessions 120.00 05/06/2016 2130-44400-63005 Check Total: 120.00 Vendor: JRAdvanc JR's Advanced Recyclers Check Sequence: 43 ACH Enabled: False 89120 Recycling 853.50 05/06/2016 0101-46000-63010 89165 Recycling 605.70 05/06/2016 0101-46000-63010 89170 Recycling 7,060.00 05/06/2016 0101-46000-63010 Check Total: 8,519.20 Vendor: KinnTayl Taylor Kinn Check Sequence: 44 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference LTS Program Learn to Skate (3/8-5/1) 240.00 05/06/2016 2130-44300-63005 Check Total: 240.00 Vendor: Kriss Kriss Premium Products Inc Check Sequence: 45 ACH Enabled: False 144979 Misc. Supplies 1,216.24 05/06/2016 2130-44300-61020 Check Total: 1,216.24 Vendor: LeeCarls Lee Carlson Center Check Sequence: 46 ACH Enabled: False Drop-in Center Lee Carlson Center/Bridgeview 1,500.00 05/06/2016 0101-49100-63900 Check Total: 1,500.00 Vendor: Menards Menards Check Sequence: 47 ACH Enabled: False 14900 Misc. Supplies - Cedartone 2x10-16' 589.25 05/06/2016 0101-45000-61105 14941 Old Gardner Warren Hoe 9.78 05/06/2016 010143100-61205 15037 Batteries 71.70 05/06/2016 5100-48100-61005 15193 Measuring Wheel & Brace Band 62.39 05/06/2016 010145000-61020 15432 Parts for Unit#4800 4.99 05/06/2016 6100-48800-61115 15559 Misc. Supplies - Fire Dept. 132.16 05/06/2016 0101-42200-61005 15659 Misc. Supplies - Fire Dept 38.95 05/06/2016 0101-42200-61005 15727 Truck Paint 22.28 05/06/2016 0101-43100-61020 Check Total: 931.50 Vendor: MctSales Metro Sales Incorporated Check Sequence: 48 ACH Enabled: False INVS14947 PW Ricoh Copier Rental 104.00 05/06/2016 0101-41930-62200 INV520070 2016 Maintenance Contract- CH 470.50 05/06/2016 0101-41420-62305 INV520070 2016 Maintenance Contract -Color Printer 495.00 05/06/2016 0101-41420-62305 INV520070 2016 Maintenance Contract - PW 82.00 05/06/2016 0101-41930-62305 RW520070 2016 Maintenance Contract - BLDG DEPT 118.00 05/06/2016 0101-42300-62305 INV520070 2016 Maintenance Contract - CC 221.00 05/06/2016 213044000-62305 INV520070 2016 Maintenance Contract - FS 42.00 05/06/2016 010142200-62305 INV520070 2016 Maintenance Contract- Overages 152.15 05/06/2016 0101-41420-62305 INV520070 2016 Maintenance Contract- WTP 7.00 05/06/2016 5100.48100-62305 Check Total: 1,691.65 Vendor: MNEquipn Minnesota Equipment Check Sequence: 49 ACH Enabled: False P04007 Parts for Unit#576 146.34 05/06/2016 6100-48800-61115 P45817 Chain Spro - Stock & Unit #10604 71.82 05/06/2016 6100-48800-61115 Check Total: 218.16 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MTIDist MTI Distributing Inc 5200-48200-61005 39.16 Check Sequence: 50 ACH Enabled: False 1056756-02 Terrace Pk Irrig & Water Srvc 526.18 05/06/2016 4150-49300-61020 1056756-03 Terrace Pk Irrig & Water Srvc 23.64 05/06/2016 4150-49300-61020 1056756-04 Terrace Pk Irrig & Water Srvc 124.86 05/06/2016 4150-49300-61020 1056756-05 Terrace Pk Irrig & Water Srvc 1,565.77 05/06/2016 4150-49300-61020 1056756-06 Terrace Pk Irrig & Water Srvc 457.93 05/06/2016 4150-49300-61020 1059504-00 Misc Supplies - Parks 1,729.93 05/06/2016 0101-45000-61020 1059541-00 Terrace Pk Irrig & Water Srvc 64.35 05/06/2016 4150-49300-61020 Check Total: Vendor: MunEmerg Municipal Emergency Services, Inc. IN1023392 Nozzle'Itvister Check Total: Vendor: NCPERS NCPERS Group Life Ins.- Mi 3120516 05/2016 Monthly Premiums 3120516 05/2016 Monthly Premiums Check Total: Vendor: NoStSign North Star Signs & Engraving 17891 Name Plate - Jeremy Johnson Check Total: Vendor: OReiAuto O'Reilly Auto Parts 3253-191011 Wiper Blades - Stock & Unit #371 3253-191867 Air & Fuel Filter - Unit #4817 3253-191883 Battery - Unit #4817 Check Total: Vendor: OffDepot Office Depot 835572513001 PW Office Depot Supplies 835572513001 PW Office Depot Supplies 835572513001 PW Office Depot Supplies 835572513001 PW Office Depot Supplies 835572513001 PW Office Depot Supplies 835572513001 PW Office Depot Supplies Check Total: 4,492.66 253.80 253.80 16.00 144.00 160.00 36.00 36.00 Check Sequence: 51 05/06/2016 0101-42200-61020 Check Sequence: 52 05/06/2016 7100-00000-21218 05/06/2016 0101-00000-21205 Check Sequence: 53 05/06/2016 0101-45000-61020 Check Sequence: 54 55.96 05/06/2016 6100-48800-61115 12.28 05/06/2016 6100-48800-61115 68.41 05/06/2016 6100-48800-61115 136.65 Check Sequence: 55 75.17 05/06/2016 5200-48200-61005 39.16 05/06/2016 5100-48100-61005 10.96 05/06/2016 0101-46000-61005 54.81 05/06/2016 0101-45000-61005 15.65 05/06/2016 0101-43200-61005 23.48 05/06/2016 0101-43100-61005 219.23 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference Vendor: PeterMck McKenzie Peterson Check Sequence: 56 ACH Enabled: False LTS Program Learn to Skate (3/8-5/1) 384.00 05/06/2016 2130-44300-63005 Check Total: 384.00 Vendor: Plunkett Plunketfs Pest Control, Inc. Check Sequence: 57 ACH Enabled: False 5414397 Pest Control -FS#2 156.00 05/06/2016 0101-41920-63010 5415205 Pest Control -FS#3 156.00 05/06/2016 0101-41920-63010 5415206 Pest Control - CC -5.00 05/06/2016 2130-00000-20301 5415206 Pest Control - CC 74.74 05/06/2016 2130-44000-63010 5428743 Pest Control - CH 156.00 05/06/2016 0101-41910-63010 5428744 Pest Control -FS#1 156.00 05/06/2016 0101-41920-63010 5428745 Pest Control - PW 156.00 05/06/2016 0101-41930-63010 Check Total: 849.74 Vendor: PortnerS Sidney Former Check Sequence: 58 ACH Enabled: False US Program Learn to Skate (3/8-5/1) 120.00 05/06/2016 2130-44300-63005 Check Total: 120.00 Vendor: RCMSpeci RCM Specialties Inc _ Check Sequence: 59 ACH Enabled: False 5413 Emulsion 890.72 05/06/2016 0101-43100-61125 Check Total: 890.72 Vendor: Reinders Reinders Check Sequence: 60 ACH Enabled: False 3035641-01 Mise Supplies - Parks 5,040.00 05/06/2016 0101-45000-61130 3035641-02 Misc Supplies - Parks 4,900.00 05/06/2016 0101-45000-61130 Check Total: 9,940.00 Vendor: RepSvees Republic Services #899 Check Sequence: 61 ACH Enabled: False 0899-002849211 May 2016 Recycling Service 1,753.65 05/06/2016 0101-46000-63010 Check Total: 1,753.65 Vendor: SeibureC Comfort Seibure Check Sequence: 62 ACH Enabled: False Refund Refund of Electrical Permit #2016-00718 1.00 05/06/2016 0101-00000-23201 Refund Refund of Electrical Permit #2016-00718 90.00 05/06/2016 0101-42300-52230 Check Total: 91.00 Vendor: Simplex SimplexCrrinnell LP Check Sequence: 63 ACH Enabled: False 78585890 2016 Monitoring Services - PW 420.00 05/06/2016 0101-41930-62300 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference 78585893 2016 Monitoring Services - FS#3 420.00 05/06/2016 0101-41920-62300 Check Total: 840.00 Vendor: SPOK SPOK, INC. Check Sequence: 64 ACH Enabled: False Z3754342D PW Pagers - May 2016 30.57 05/06/2016 5100-48100-62030 Check Total: 30.57 Vendor: StarTri2 Star Tribune Check Sequence: 65 ACH Enabled: False 10962115 Ipad Monthly Subscription 16.96 05/06/2016 0101-41200-61320 Check Total: 16.96 Vendor: SupSolut Supply Solutions LLC Check Sequence: 66 ACH Enabled: False 9653 Misc Cleaning Supplies 197.08 05/06/2016 0101-41910-61025 Check Total: 197.08 Vendor: SutherEr Erick Sutherland Check Sequence: 67 ACH Enabled: False 2016 Day Care Flex Acct 577.60 05/06/2016 0101-00000-21211 Check Total: 577.60 Vendor: Timesave Timesaver Check Sequence: 68 ACH Enabled: False M22064 City Council Mtg 136.00 05/06/2016 0101-41100-63005 M22064 Planning & Zoning Mtg 186.00 05/06/2016 0101-41500-63005 Check Total: 322.00 _ Vendor: TotalCon Total Control Systems, Inc Check Sequence: 69 ACH Enabled: False 7534 30MM Red Pilot Light (4) 147.51 05/06/2016 5100-48100-61135 Check Total: 147.51 Vendor: WasMgmt2 Waste Management - Blaine Check Sequence: 70 ACH Enabled: False 7374743-0500-7 April 2016 Waste Services- FS#2 81.55 05/06/2016 0101-41920-62020 7374744-0500-5 April 2016 Waste Services - FS#1 81.36 05/06/2016 0101-41920-62020 7374745-0500-2 May 2016 Waste Services -FS#3 136.59 05/06/2016 0101-41920-62020 7374746-0500-0 April 2016 Waste Services- CH 110.88 05/06/2016 0101-41910-62020 Check Total: 410.38 Vendor: WilliamT Tessa Williams Check Sequence: 71 ACH Enabled: False LTS Program Learn to Skate Coach (3/8-5/1) 264.00 05/06/2016 2130-44300-63005 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 15 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 264.00 Vendor: WitmerAs Witmer Public Safety Group, Inc. - Check Sequence: 72 ACH Enabled: False E1465239 Scotchlite Helmet Crescents (20) 99.80 05/06/2016 0101-42200-61305 Check Total: 99.80 Vendor: WSB WSB & Associates, Inc. Check Sequence: 73 ACH Enabled: False 2 Timber Trails Park Recon 2,648.00 05/06/2016 4150-49300-63005 9 Kelsey Round Lk Pk Plan 156.00 05/06/2016 4150-49300-63005 Check Total: 2,804.00 Vendor: ZahlPet Zahl-Petroleum Maintenance Check Sequence: 74 ACH Enabled: False 0216464 -IN 1x10 Curb Pump Hose 134.95 05/06/2016 6100-48800-61115 Check Total: 134.95 Total for Check Run: 147,322.56 Total of Number of Checks: 74 AP -Computer Check Proof List by Vendor (05/06/2016 - 11:35 AM) Page 16 Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 05/12/2016 - 9:39AM Batch: 00410.05.2016 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AbleHose Able Hose And Rubber Check Sequence: 1 ACH Enabled: False 1-874015 Misc. Supplies 334.24 05/12/2016 0101-45000-61020 1-874115 Parts for Unit#171 & #172 71.80 05/12/2016 6100-48800-61115 Check Total: 406.04 Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 2 ACH Enabled: False 1757866/94679 5/2016 Comm. & Recycling Services 355.20 05/12/2016 2130-44100-62020 1757866/94679 5/2016 Comm. & Recycling Services 355.19 05/12/2016 2130-44000-62020 Check Total: 710.39 Vendor: Aircon Aircon Electric Corporation Check Sequence: 3 ACI I Enabled: False 10823-2016-1 Repair- Sunshine Pk Field Lights 120.00 05/12/2016 0101-45000-63100 Check Total: 120.00 Vendor: AnkCity City orAnoka Check Sequence: 4 ACH Enabled: False 201605024086 Traffic Signal- Bunker/7th Ave 21.80 05/12/2016 0101-43400-63100 Check Total: 21.80 Vendor: AnkCo06 Anoka Co Elections Check Sequence: 5 ACH Enabled: False 2016-03 2016 Annual Fee JPA #2012-0362 6,934.01 05/12/2016 0101-41310-63010 Check Total: 6,934.01 Vendor: AnkCo02 Anoka Cc Property Tax Div Check Sequence: 6 ACH Enabled: False 520 Recording Fee - Crosstown Blvd Trail I nproverr 138.00 05/12/2016 4170-49300-63215 520 Recording Fee - 14327 7th Ave NW (WM Ext) 46.00 05/12/2016 4110-49300-63215 Check Total: 184.00 Vendor: AssuSecu Assured Security Inc. Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page I Invoice No Description Amount Payment Date Acct Number Reference 74352 Repair - PW Garage 915.25 05/12/2016 0101-41930-63105 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 2 Check Total: 915.25 Vendor: BanKoe Ban-Koe Systems, Inc. Check Sequence: 8 ACH Enabled: False 81244 Repair to Fire Alarm - CC/YMCA 625.97 05/12/2016 2130-44000-63100 Check Total: 625.97 Vendor: Beacon Beacon Athletics Check Sequence: 9 ACH Enabled: False 0457632 -IN Chalk & Drying Agent - ABA 924.16 05/12/2016 0101-00000-24201 0457761 -IN Chalk - AAA 342.16 05/12/2016 0101-00000-24201 Check Total: 1,266.32 Vendor: BjorkCom Bjorklund Companies LLC Check Sequence: 10 ACH Enabled: False 22893 Class Gravel 622.38 05/12/2016 0101-43100-63300 22951 Class 5 Gravel/1 1/2 Washed Rock 1,288.68 05/12/2016 5100-48100-61125 22979 Black Dirt 990.00 05/12/2016 0101-43100-63300 Check Total: 2,901.06 Vendor: Bro-Tex Bro-Tex, Inc. Check Sequence: 11 ACM Enabled: False 477458 PCC Drop off Charge 376.10 05/12/2016 0101-46000-63010 Check Total: 376.10 Vendor: Cenlerpl CenterPoint Energy Check Sequence: 12 ACH Enabled: False 5825952 Equipment Building 79.54 05/12/2016 0101-41950-62015 5825952 5840270 Water Treatment Plant 1,009.10 05/12/2016 5100-48100-62015 5840270 5840341 Prairie Knoll Park 38.36 05/12/2016 0101-41990-62015 5840341 5841153 Fire Station #1 330.22 05/12/2016 0101-41920-62015 5841153 5841451 Fire Station #2 259.28 05/12/2016 0101-41920-62015 5841451 5852601 Fire Station #3 355.34 05/12/2016 0101-41920-62015 5852601 5864630 Pumphouse#4 16.93 05/12/2016 5100-48100-62015 5864630 5883191 Sunshine Park 89.48 05/12/2016 0101-41970-62015 5883191 5893307 well 41 55.80 05/12/2016 5100-48100-62015 5893307 5907226 Pumphouse#6 36.18 05/12/2016 5100-48100-62015 5907226 5927939 Pumphouse #7 53.75 05/12/2016 5100-48100-62015 5927939 5945463 Well#3 40.57 05/12/2016 5100-48100-62015 5945463 5950580 City Hall/Senior Center 395.87 05/12/2016 0101-41910-62015 5950580 6122874 Lift Station #4 17.49 05/12/2016 5200-48200-62015 6122874 7575198 ASN Ballfields 143.31 05/12/2016 0101-41980-62015 7575198 7725077 Lift Station #1 17.48 05/12/2016 5200-48200-62015 7725077 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 8743371 Warming House 27.92 05/12/2016 0101-45000-62015 8743371 Check Total: 2,966.62 Vendor: CollinsS Steve Collins Check Sequence: 13 ACH Enabled: False LTS Program Learn to Skate (4/30 & 5/7) 40.00 05/12/2016 2130-44300-63005 Vendor: CommRefr 43866 Vendor: CoonRapi 11561 11561 Vendor: CorvalCo 823671 823799 Vendor: CrowRive 177930 177930 178023 178299 178299 178328 178328 178382 178438 Check Total: Commercial Refrigeration Repaired leak on oil float piping Check Total: City of Coon Rapids 2016 1 st Qtr Sewer Service 2016 1st Qtr Water Service Check Total: Corval Constructors, Inc Repair - Public Works Repair - Prairie Knoll Pk Check Total Crow River Farm Equipment Misc. Supplies Mise. Supplies Misc. Supplies Mise. Supplies Misc. Supplies Misc. Supplies Mise. Supplies Misc. Supplies Misc. Supplies 40.00 600.00 600.00 7,701.33 34.20 7,735.53 224.91 902.89 1,127.80 142.72 142.71 24.05 856.84 856.85 307.94 307.94 112.70 206.77 Check Sequence: 14 05/12/2016 2130-44300-63100 Check Sequence: 15 05/12/2016 5200-48200-55210 05/12/2016 5100-48100-55110 Check Sequence: 16 05/12/2016 0101-41930-63105 05/12/2016 0101-41970-63105 Check Sequence: 17 05/12/2016 5200-48200-61140 05/12/2016 5100-48100-61135 05/12/2016 6100-48800-61115 05/12/2016 5100-48100-61135 05/12/2016 5200-48200-61140 05/12/2016 5200-48200-61140 05/12/2016 5100-48100-61135 05/12/2016 5200-48200-61140 05/12/2016 5200-48200-61140 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False Check Total: 2,958.52 Vendor: Dalco Dalco Check Sequence: 18 ACH Enabled: False 3019590 Misc. Supplies 206.94 05/12/2016 2130-44000-61020 Check Total: 206.94 Vendor: DeptLabo Department of Labor & Industry Check Sequence: 19 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 24877003004 4/2016 Surcharge Report -56.07 05/12/2016 0101-42300-54325 24877003004 4/2016 Surcharge Report 2,803.67 05/12/2016 0101-00000-23201 Check Total: 2,747.60 Vendor: EganSery Egan Service Check Sequence: 20 ACH Enabled: False JC 10136928 April 2016 Maint. Andover/Crosstown RR Cross 750.75 05/12/2016 0101-43400-62300 Check Total: 750.75 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 21 ACH Enabled: False 85633 Labor for Unit#4820 325.00 05/12/2016 6100-48800-63135 85633 Part for Unit #4920 6.01 05/12/2016 6100-48800-61115 85634 Labor for Unit #4821 325.00 05/12/2016 6100-48800-63135 85634 Parts for Unit #4821 38.72 05/12/2016 6100-48800-61115 85635 Parts for Unit#4884 58.08 05/12/2016 6100-48800-61115 85635 Labor for Unit #4894 325.00 05/12/2016 6100-48800-63135 85636 Parts for Unit #4900 58.08 05/12/2016 6100-48800-61115 85636 Labor for Unit #4800 325.00 05/12/2016 6100-48800-63135 85637 Labor for Unit #4886 1,555.25 05/12/2016 6100-48800-63135 85637 Parts for Unit 44886 307.85 05/12/2016 6100-48800-61115 85638 Parts for Unit#4806 19.36 05/12/2016 6100-48800-61115 85638 Labor for Unit #4806 325.00 05/12/2016 6100-48800-63135 86590 Repair to Ladder 11 129.50 05/12/2016 6100-48800-63135 86657 Parts for Unit #4884 705.16 05/12/2016 6100-48800-61115 86657 Labor for Unit#4884 777.00 05/12/2016 6100-48800-63135 86755 Parts for Unit #4800 40.00 05/12/2016 6100-48800-61115 Check Total: 5,320.01 Vendor: Fastenal Fastenal Company Check Sequence: 22 ACH Enabled: False MNTC9139814 Misc. Supplies 132.34 05/12/2016 6100-48800-61020 Check Total: 132.34 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 23 ACH Enabled: False 0188054 Misc. Supplies 172.94 05/12/2016 5300-48300-61145 0188635 Misc. Supplies 59.03 05/12/2016 5100-48100-61135 Check Total: 231.97 Vendor: ForceAm Force America Distributing LLC Check Sequence: 24 ACH Enabled: False IN001-1049694 Parts for Unit#4812 17.17 05/12/2016 6100-48800-61115 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: GovConn Check Total: 17.17 Check Sequence: 28 ACH Enabled: False Vendor: Frattalo Frattallone's Hardware Sto 150.40 05/12/2016 Check Sequence: 25 ACH Enabled: False 026078/J Misc Supplies - Fire 15.77 05/12/2016 0101-42200-61005 026082/J Misc Supplies - Fire 45.74 05/12/2016 0101-42200-61005 026278/J Misc.Supplies- Water 14.58 05/12/2016 5100-48100-61135 026279/) Pipe Cutter 14.99 05/12/2016 5100-48100-61205 Check Total: 91.08 Vendor: G&K G&K Services Inc Check Sequence: 26 ACH Enabled: False 1182526154 Floor Mat Rentals - WTP -108.78 05/12/2016 5100-48100-62200 1182640796 Uniform Cleaning 19.25 05/12/2016 6100-48800-61020 1182640796 Uniform Cleaning 19.28 05/12/2016 5100-48100-61005 1182640796 Uniform Cleaning 57.80 05/12/2016 0101-45000-61020 1182640796 Uniform Cleaning 19.27 05/12/2016 0101-43300-61020 1182640796 Uniform Cleaning 134.88 05/12/2016 0101-43100-61020 1182640796 Uniform Cleaning 38.52 05/12/2016 5200-48200-61005 1182640797 Floor Mat Rentals - PW 54.70 05/12/2016 0101-41930-62200 1182640798 Floor Mat Rentals - CH 33.60 05/12/2016 0101-41910-62200 1182686492 Uniform Cleaning 57.96 05/12/2016 0101-45000-61020 1182686492 Uniform Cleaning 19.33 05/12/2016 5100-48100-61005 1182686492 Uniform Cleaning 19.33 05/12/2016 0101-43300-61020 1182686492 Uniform Cleaning 135.25 05/12/2016 0101-43100-61020 1182686492 Uniform Cleaning 38.63 05/12/2016 5200-48200-61005 1182686492 Utriform Cleaning 19.30 05/12/2016 6100-48800-61020 1182686493 Floor Mat Rentals - PW 54.70 05/12/2016 0101-41930-62200 1182686494 Floor Mat Rentals - CH 33.60 05/12/2016 0101-41910-62200 Check Total: 646.62 Vendor: GopherSt Gopher State One -Call Inc Check Sequence: 27 ACH Enabled: False 6040151 Billable Locates 262.45 05/12/2016 5200-48200-63040 6040151 Billable Locates 262.45 05/12/2016 5100-48100-63040 Check Total: 524.90 Vendor: GovConn GovConnection, Inc. Check Sequence: 28 ACH Enabled: False 53720967 Smart Printer Labels 150.40 05/12/2016 0101-41420-61005 53724847 Returned (2) 8 GB DDR4-2133 -83.90 05/12/2016 0101-41420-61225 53725099 Display Port (4) -PW & Stock 79.84 05/12/2016 0101-41420-61225 53725358 HP 45 Black Ink Cartridge- Sewer Trailer 36.10 05/12/2016 5200-48200-61005 53725358 HP color Ink Cartridge- WTP 40.70 05/12/2016 5100-48100-61005 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 53733459 HP Bright White Inkjet Paper 21.00 05/12/2016 0101-42300-61005 53733459 HP Bright White Inkjet Paper 60.87 05/12/2016 2210-41600-61005 53733459 HP Bright White Inkjet Paper 21.00 05/12/2016 0101-41600-61005 53733459 HP Bright White Inkjet Paper 21.00 05/12/2016 0101-41500-61005 Check Total: 347.01 Vendor: Grainger Grainger Check Sequence: 29 ACH Enabled: False 9095039997 Misc. Supplies 146.15 05/12/2016 0101-41910-61120 Check Total: 146.15 Vendor: GreeneDo Donovan Greene Check Sequence: 30 ACI -I Enabled: False US Program Learn to Skate (3/5-5/7) 192.50 05/12/2016 2130-44300-63005 Check Total: 192.50 Vendor: Hawkins2 Hawkins Inc Check Sequence: 31 ACH Enabled: False 3874711 Misc. Chemical Supplies 4,875.70 05/12/2016 5100-48100-61040 Check Total: 4,875.70 Vendor: HDSuppW, HD Supply Waterworks, LTD. Check Sequence: 32 ACII Enabled: False F430186 Terrace Pk Irrig & Water Srvc 1,414.96 05/12/2016 4150-49300-61020 Check Total: 1,414.96 Vendor: InstrRes Instrumental Research, Inc Check Sequence: 33 ACH Enabled: False 10025 Colfiorm - WTP 180.00 05/12/2016 5100-48100-63005 Check Total: 180.00 Vendor: JNJohnSS J.N. Johnson Fire & Safety Check Sequence: 34 ACH Enabled: False SOI.119215 Sr Center Kitchen 123.00 05/12/2016 0101-41910-63010 S0I.119215 Community Center Concessions 201.25 05/12/2016 2130-44100-63010 Check Total: 324.25 Vendor: KalmesAs Ashley Kalmes Check Sequence: 35 ACH Enabled: False LTS Program Learn to Skate Coach (3/5-5/7) 612.50 05/12/2016 2130-44300-63005 Check Total: 612.50 Vendor: KensTree Ken's Tree Service Check Sequence: 36 ACH Enabled: False 126 Diseased Tree Supp Program 375.00 05/12/2016 0101-43100-63010 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: Vendor: LenartSa Samantha Lenart LTS Program Learn to Skate (3/5-5/7) Check Total: Vendor: LubrTech Lubrication Technologies, Inc. 774024 Misc Supplies - Stock Check Total: Vendor: MacQueen MacQueen Equipment Inc. 2163254 Parts for Unit #99 2163264 Part for Unit #99 Check Total: Vendor: MartMCAI Martin -McAllister 10381 Public Safety Assessments Check Total Vendor: MetSales Check Total: Vendor: Menards Menards 15014 3-1/4" Planer Kit 16065 Misc. Supplies 16156 Misc. Supplies 16258 Misc. Supplies Check Total Vendor: MetSales Metro Sales Incorporated INV522521 May 2016 RICOH Wide Format Lease INV522521 May 2016 RICOH Wide Format Lease INV522521 May 2016 RICOH Wide Format Lease 1NV522521 May 2016 RICOH Wide Format Lease INV525853 May 2016 RICOH Wide Format Supplies INV525853 May 2016 RICOH Wide Format Supplies INV525853 May 2016 RICOH Wide Format Supplies INV525853 May 2016 RICOH Wide Format Supplies 375.00 198.50 198.50 1,695.91 1,695.91 473.35 78.04 551.39 1,800.00 Check Sequence: 37 05/12/2016 2130-44300-63005 Check Sequence: 38 05/12/2016 6100-48800-61115 Check Sequence: 39 05/12/2016 6100-48800-61115 05/12/2016 6100-48800-61115 Check Sequence: 40 05/12/2016 0101-42200-63010 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False 1,800.00 05/12/2016 0101-41500-62200 293.00 05/12/2016 Check Sequence: 41 ACI4 Enabled: False 149.00 05/12/2016 0101-41930-61205 58.75 05/12/2016 0101-45000-61020 128.94 05/12/2016 2130-44000-61120 48.32 05/12/2016 5100-48100-61135 385.01 Check Sequence: 42 100.00 05/12/2016 0101-41500-62200 293.00 05/12/2016 2210-41600-62200 100.00 05/12/2016 0101-42300-62200 100.00 05/12/2016 0101-41600-62200 36.00 05/12/2016 0101-41600-61005 110.50 05/12/2016 2210-41600-61005 36.00 05/12/2016 0101-41500-61005 36.00 05/12/2016 0101-42300-61005 ACH Enabled: False Check Total: 811.50 Vendor: MetCounE Metropolitan Council Environmental Services Check Sequence: 43 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference April 2016 April 2016 SAC Report -323.05 05/12/2016 0101-41400-58100 April 2016 April 2016 SAC Report 32,305.00 05/12/2016 0101-00000-23201 Check Total: 31,981.95 Vendor: MTIDist MTI Distributing Inc Check Sequence: 44 ACH Enabled: False 1062075-00 Parts for Unit#11582 387.99 05/12/2016 6100-48800-61115 Check Total: 387.99 Vendor: MCFOA Municipal Clerk & Finance Officers Association Check Sequence: 45 ACH Enabled: False MCFOA Renewal MCFOA Renewal - Michelle Harmer 35.00 05/12/2016 0101-41300-61320 Check Total: 35.00 Vendor: NLSCProd NLSC Products, Inc. Check Sequence: 46 ACH Enabled: False 95982 Misc. Supplies 132.50 05/12/2016 0101-41910-61120 Check Total: 132.50 Vendor: NowackiJ Jessica Nowacki Check Sequence: 47 ACH Enabled: False LTS Program Learn to Skate (4/2-4/23) 96.00 05/12/2016 2130-44300-63005 Check Total: 96.00 Vendor: OsterAbb Abbie Oster Check Sequence: 48 ACH Enabled: False LTS Program Learn to Skate (3/5-4/23) 164.00 05/12/2016 2130-44300-63005 Check Total: 164.00 Vendor: PionSecu Pioneer SecureShred Check Sequence: 49 ACH Enabled: False 27813 Paper Shredding Services 325.00 05/12/2016 0101-46000-63010 Check Total: 325.00 Vendor: PormerS Sidney Former Check Sequence: 50 ACH Enabled: False LTS Program Learn to Skate (3/12-4/30) 137.50 05/12/2016 2130-44300-63005 Check Total: 137.50 Vendor: PralutsD Danielle Pralutsky Check Sequence: 51 ACH Enabled: False LTS Program Learn to Skate (3/5-5/7) 235.00 05/12/2016 2130-44300-63005 Check Total: 245 On AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor: PremWate Premium Waters, Inc. Check Sequence: 52 ACH Enabled: False 600003-04-16 May 2016 Water Cooler Rental - PW 45.00 05/12/2016 0101-41930-62200 618221-04-16 May 2016 Water Cooler Rental- CH 45.00 05/12/2016 0101-41910-62200 Check Total: 90.00 Vendor: PrintSer Printers Service, Inc. Check Sequence: 53 ACH Enabled: False 277405 77"Ice Knife Sharp 100.00 05/12/2016 2130-44300-63100 Check Total: 100.00 Vendor: R&R R&R Specialties of Wisconsin Check Sequence: 54 ACH Enabled: False 0059680 -IN Parts for Unit#452 101.08 05/12/2016 6100-48800-61115 Check Total: 101.08 Vendor: RCMSpeci RCM Specialties Inc Check Sequence: 55 ACH Enabled: False 5443 Emulsion 954.56 05/12/2016 0101-43100-61125 Check Total: 954.56 Vendor: RedPwrDi Red Power Diesel Service, Inc. Check Sequence: 56 ACH Enabled: False 10017MN Parts for Unit#4884 106.12 05/12/2016 6100-48800-61115 Check Total: 106.12 Vendor: RIJFFRI Ruffridge- Johnson Equipment Check Sequence: 57 ACH Enabled: False IA03483 Parts for Unit t/07191 177.21 05/12/2016 6100-48800-61115 Check Total: 177.21 Vendor: Spartan Spartan Promotional Group, Inc Check Sequence: 58 ACH Enabled: False 495178 Water Bottles (150) 288.19 05/12/2016 0101-00000-24210 Check Total: 288.19 Vendor: StaggerM Madison Staggert Check Sequence: 59 ACH Enabled: False LTS Program Learn to Skate (3/5-4/2) 125.00 05/12/2016 2130-44300-63005 Check Total: 125.00 Vendor: TalbLawn Talberg Lawn & Landscape, Inc Check Sequence: 60 ACH Enabled: False 200733 May 2016 Lawn Maintenance Agreement - CH 373.00 05/12/2016 0101-41910-63010 200734 May 2016 Lawn Maintenance Agreement - CC 624.00 05/12/2016 2130-44000-63010 200735 May 2016 Lawn Maintenance Agreement - FS 1 368.00 05/12/2016 0101-41920-63010 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference 200736 May 2016 Lawn Maintenance Agreement - FS2 271.00 05/12/2016 0101-41920-63010 200737 May 2016 Lawn Maintenance Agreement - FS3 242.00 05/12/2016 0101-41920-63010 200738 May 2016 Lawn Maintenance Agreement - Cres: 223.00 05/12/2016 0101-45000-63010 200739 May 2016 Lawn Maintenance Agreement - Narc 79.00 05/12/2016 0101-43100-63010 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 10 Check Total: 2,180.00 Vendor: TheVendC Theisen Vending Company Check Sequence: 61 ACH Enabled: False 52883 Beverages- Concessions 922.50 05/12/2016 0101-41975-61245 Check Total: 922.50 Vendor: Towmaste Towmaster Check Sequence: 62 ACH Enabled: False 380133 Misc. Supplies 34.90 05/12/2016 6100-48800-61115 Check Total: 34.90 Vendor: Ziegler Ziegler, Inc. Check Sequence: 63 ACH Enabled: False E8643936 May 2016 Maintenance Contract 553.72 05/12/2016 5100-48100-62300 E8861329 May 2016 Maint.Contract LS#1 & #4 742.95 05/12/2016 5200-48200-63100 E8888429 May 2016 Maintenance Contract 62.03 05/12/2016 5100-48100-62300 Check Total: 1,358.70 Total for Check Run: 94,402.37 Total of Number of Checks: 63 AP -Computer Check Proof List by Vendor (05/12/2016 - 9:39 AM) Page 10 Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 05/12/2016 - 11:31AM Batch: 00417.05.2016 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AndFire Andover Firefighters Check Sequence: I ACH Enabled: False AFRA Andover Firefighters Relief Association 55,000.00 05/17/2016 0101-42200-60540 Check Total: 55,000.00 Vendor: Connex2 Connexus Energy Check Sequence: 2 ACH Enabled: False LGT0000233 Bunker from Crane to Jefferson 242,805.00 05/17/2016 4140-49300-63010 Check Total: 242,805.00 Vendor: Hawkinsl Hawkins & Baumgartner, P.A. Check Sequence: 3 ACH Enabled: False April 2016 April 2016 Legal Services 15,345.21 05/17/2016 0101-41240-63015 April 2016 Hickory Meadows 2nd Addition 220.50 05/17/2016 7200-00000-24202 April 2016 Country Oaks N 2nd Addition 220.50 05/17/2016 7200-00000-24202 April 2016 T -Mobile Twr #2 Lease Renewal 643.50 05/17/2016 7200-00000-24214 Check Total: 16,429.71 Vendor: MetCouMk Metro Council Wastewater Check Sequence: 4 ACH Enabled: False 0001054952 June 2016 Sewer Service 94,380.15 05/17/2016 5200-48200-63230 Check Total: 94,380.15 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 5 ACH Enabled: False IN1023366 Compressors - Fire Dept. 44,695.84 05/17/2016 4213-49300-65600 IN1025666 Honeywell EVI Helmet (12) 3,066.42 05/17/2016 0101-42200-61305 Check Total: 47,762.26 Vendor: PerkCont Dave Perkins Contracting, Inc. Check Sequence: 6 ACH Enabled: False 25916 Emergency Water Main Repair 19,168.00 05/17/2016 5100-48100-63100 Check Total: 19,168.00 AP -Computer Check Proof List by Vendor (05/12/2016 - 11:31 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 475,545.12 Total of Number of Checks: AP -Computer Check Proof List by Vendor (05/12/2016 - 11:31 AM) Page 2 • F . .` LAL d 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: City Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Develo nt Director SUBJECT: Accept Trail Easements from State of Minnesota — Crosstown Blvd. NW and WDE Site DATE: May 17, 2016 REQUEST The City Council is requested to accept trail easements from the State of Minnesota for the existing trail located along the east side of Crosstown Boulevard NW and a proposed trail located across the southwest portion of land near the Waste Disposal Engineering (WDE) Site. BACKGROUND City Staff has been working with the staff of the Minnesota Pollution Control Agency (MPGA) to have the State of Minnesota dedicate to the City of Andover a trail easement for. the existing City trail along Crosstown Boulevard NW as depicted on the attached Trail Easement Agreement. City Staff has also been working with the MPCA Staff to have the - State of Minnesota dedicate a trail easement to the City of Andover for a future trail that will connect the Osage Street NW cul-de-sac to the Andover Station North ball field area as depicted on the attached aerial photo and Trail Easement Agreement. ACTION REQUIRED The City Council is requested to accept the trail easements as presented. Respectfully submitted, D David L. Carlberg Attachments Trail Easement Agreement A f„,cGstown Trail Easement from State Date Created: May 04, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. AN, 0 ER WDE Trail Easement from State Date Created: May 04, 2016 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT ("Trail Easement') is made and entered into this day of , 2016 by the State of Minnesota, a sovereign body, by and through its Commissioner of the Minnesota Pollution Control Agency ("Grantor"), and the City of Andover, a municipal corporation under the laws of the State of Minnesota ("Grantee"). RECITALS: WHEREAS, Grantor, pursuant, to the Landfill Cleanup Act, Minn. Stat. §§ 115B.39 - 115B.445, entered into that certain Landfill Cleanup Agreement related to the Waste Disposal Engineering Landfill ("Landfill'), effective October 27, 1995, recorded in the Office of the Anoka County Recorder on February 6, 1996 as Document No. 1203355; and WHEREAS, under the terms of the Landfill Cleanup Agreement, and after the issuance of a Notice of Compliance, the MPCA assumed the responsibility and authority to take environmental response actions deemed appropriate at or related to the Landfill•, WHEREAS, the MPCA acquired real property for purposes of environmental response actions related to the Landfill, which real property is legally described as follows: See the attached Exhibit A (the "Property"); WHEREAS, Grantee wishes to acquire a perpetual easement for trail purposes, across a portion of the Property, depicted on the attached Exhibit B and legally described on the attached Exhibit C (the "Easement Area I"); WHEREAS, Grantee wishes to acquire a perpetual easement for trail purposes, across an additional portion of the Property, depicted on the attached Exhibit D and legally described on the attached Exhibit E (the "Easement Area 2"); 1 NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein, the rights and obligations contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows: 1. GRANT OF EASEMENT Grantor hereby grants and conveys to Grantee a perpetual easement for trail purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto, over and across Easement Area 1 and Easement Area 2. This Trail Easement and the covenants contained herein shall run with the land and shall be binding on all persons and entities who shall come into ownership or. possession of the Property. 2. PURPOSE OF THE EASEMENT This Trail Easement shall be for use as a pedestrian and non -motorized recreational trail for activities • such as walking, running, biking, skiing, in-line skating, roller skating, skateboarding, the walking of household pets and other forms of similar non -motorized pedestrian use. In addition, the Trail Easement may be used by public emergency motorized vehicles and motorized vehicles for the construction, maintenance, repair or replacement of the trail. The Trail Easement shall not be used by other motorized vehicles, by all terrain vehicles, or by snowmobiles, and the easement shall not be used for horseback riding. No structures, obstructions or fences shall be allowed within Easement Area 1 or Easement Area 2 without Grantor's prior written approval unless required by an emergency to protect public health or welfare or the environment as Grantor deems reasonable and necessary under the provisions of the Landfill Cleanup Act, Minn. Stat. §§115B.39 -115B.445 or other authority. 3. RIGHTS AND RESPONSIBILITIES OF THE GRANTEE The Grantee shall be responsible for all construction and maintenance of the Trail. The Grantee, or its agent or contractor, shall notify the Commissioner within twelve (12) hours of any release or threatened release of any hazardous substance, hazardous waste, pollutant, contaminant, solid waste, or decomposition gases, as these terms are defined in law, encountered in the course of the construction or maintenance within the Trail Easement, and, as it relates to the construction or maintenance of the trail, shall bear all responsibility to properly address and dispose of any such release or threatened release or solid waste in consultation with the Commissioner. Grantee agrees to indemnify and forever hold Grantor harmless from any loss, damage, injury or death arising from any act or omission of Grantee, its invitees, licensees, employees or agents caused to any person or property while on or near the trail. Nothing contained herein shall be deemed a waiver by the Grantee of any governmental 2 immunity defenses, statutory or otherwise. Further, any and all claims brought by Grantor, its successors or assigns, shall be subject to any governmental immunity defenses of the Grantee and the maximum liability limits provided in Minnesota Statutes Chapter 466. 4. CONSTRUCTION AND MAINTENANCE The right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from Easement Area 1 and Easement Area 2 and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the Trail Easement as Grantee may find necessary and as approved by Grantor. Upon project completion Grantee will provide Grantor with an as -built set. of plans including a GIS shapefile showing the as -built location of the trail within Easement Area 1 and Easement Area 2 granted herein. Grantee shall use reasonable efforts to maintain the Trail Easement in a safe, clean and sanitary condition, free from waste or litter and any condition that is offensive to the public health, safety or welfare or that constitutes a nuisance. Grantee shall discourage littering and other acts that would encroach upon the natural features of the area or diminish its attractiveness. 5. TERMINATION/MODIFICATION This Trail Easement may only be terminated, modified or amended by written instrument duly signed and fully acknowledged by both the Grantor and the Grantee, or their successors or assigns, and recorded in the Office of the Anoka County Recorder. 6. GRANTOR'S REPRESENTATION Grantor covenants that it is the owner of the Property and has the right, title, and capacity to grant the easement granted hereby, subject to existing easements of record. Grantor grants this Trail Easement under the provisions of Minn. Stat. § 115B.412, subd. 3 (incorporating the provisions of Minn. Stat. § I I5B.17, subd. 16(c). 7. RIGHTS OF GRANTOR RESERVED The MPCA may use Easement Area 1 and Easement Area 2 in order to access the Landfill or implement environmental response actions and may use motorized vehicles within Easement Area 1 and Easement Area 2, The MPCA shall not be responsible for any wear or maintenance of the trail associated with its use of motorized vehicles. Nothing in this Trail Easement shall be construed to limit or diminish the right of the MPCA to take any action authorized under the Minnesota Landfill Cleanup Program, Minn. Stat. §§ 115B.39 -115B.445, or other law with respect to any release or threatened release of a hazardous substance or pollutant or contaminant. 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 the purposes stated herein. 3 IN WITNESS WHEREOF, the Grantor and Grantee have caused this Trail Easement to be executed on the day of 12016. GRANTOR: The State of Minnesota, a sovereign body, by its Commissioner of the Minnesota Pollution Control Agency By: Its: And Delegate of the Commissioner STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me on the day of , 2016, by , the and delegate of the Commissioner of the Minnesota Pollution Control Agency on behalf of the Commissioner and the State of Minnesota, a sovereign body, Grantor. Notary Public NOTARIAL STANIP OR SEAL (OR OTHERTME OR RANK) GRANTEE: City of Andover By: Its: Mayor And Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on the day of , 2016, by and Mayor and City Administrator on behalf of the City of Andover, a municipal Grantee. THIS INSTRUMENT WAS DRAFTED BY: David J. Stellmach Staff Attorney Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55115 E Notary Public the corporation, NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) Exhibit A MPCA Property Legal Description That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota that is described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southwest Quarter; thence West along the North line thereof for 58.6 feet and to the center line of County State Aid Highway No. 18; thence South 32 degrees 55 minutes West for 550.17 feet along said center line; thence South 44 degrees I 1 minutes West for 342.85 feet along said center line; thence South 45 degrees 26 minutes East for 872 feet and to the Southeast corner of said Northeast Quarter of the Southwest Quarter; thence North along the East line of said Northeast Quarter of the Southwest Quarter and to the point of commencement; (Parcel A) o All that part of the Northwest Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, lying South of the centerline of Coon Creek; (Parcel B) AND That part of Lot 29, Block 1, NATURES RUN, CIC No. 96, Anoka County, Minnesota, described as: Beginning at the southwest corner of said Lot 29, said corner being also the southwest corner of Northeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24; thence on a assumed bearing of North 00 degrees 07 minutes 18 seconds West along the most westerly line of said Lot 29 a distance of 688.72; thence South 79 degrees 45 minutes 19 seconds East a distance of 40.89 feet; thence South 60 degrees 04 minutes 12 seconds East a distance of 43.45 feet; thence South 43 degrees 56 minutes 49 seconds East a distance of 46.73 feet; thence South 39 degrees 44 minutes 38 seconds East a distance of 88.10 feet; thence South 40 degrees 48 minutes 57 seconds East a distance of 91.31 feet; thence South 43 degrees 00 minutes 57 seconds East a distance of 36.65 feet; thence South 29 degrees 03 minutes 59 seconds East a distance of 49.60 feet; thence South 39 degrees 08 minutes 25 seconds East a distance of 60.74 feet; thence South 53 degrees 25 minutes00 East a distance of 3.7.89 feet; thence South 47 degrees 52 minutes 34 seconds East a distance of 42.64 feet; thence South 41 degrees 09 minutes 22 seconds East a distance of 51.36 feet; thence South 35 degrees 56 minutes 48 seconds East a distance of 40.54 feet; thence South 27 degrees 39 minutes 19 seconds East a distance of 35.77 feet; thence South 40 degrees 14 minutes 42 seconds East a distance of 54.12 feet; thence South 47 degrees 16 minutes 27 seconds East a distance of 32.39 feet; thence South 37 degrees 37 minutes 40 seconds East a distance of 59.79 feet; thence South 34 degrees 27 minutes 40 seconds East a distance of 43.18 feet; thence South 31 degrees 05 minutes 02 seconds East a distance of 54.84 feet; thence South 48 degrees 22 minutes 53 seconds East a distance of 53.40 feet to the most southerly line of said Lot 29; thence North 89 degrees 04 minutes 22 seconds West along the most southerly line of said Lot 29 a distance of 635.88 feet.to the POINT OF BEGINNING; (Parcel C) AND The South Half of the Southeast Quarter of Section 27, Township 32, Range 24; (Parcels D & G); AND All that part of the North Half of the Northeast Quarter of Section 34, Township 32, Range 24, described as follows: Beginning at the northeast corner of said North Half; thence North 89 degrees 08 minutes 39 seconds West along North line of said North Half 1316.94 feet to the northwest corner of said Northeast Quarter of the Northeast Quarter and Point A; thence continuing North 89 degrees 08 minutes 39 seconds west along North line of said North Half 1078.71 feet; thence South 68 degrees 56 minutes 31 seconds East 402.99 feet; thence South 81 degrees 03 minutes 01 seconds East 109.56 feet; thence North 70 degrees 32 minutes 11 seconds East 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East 411.73 feet, more or less, to a point on the west line; thence South 89 degrees 08 minutes 39 seconds East 180.52 feet; thence South 75 degrees 30 minutes 33 seconds East 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East 111.64 feet; thence South 89 degrees 08 minutes 39 seconds East 373.94 feet; more or less, to a point on the east line of said North Half; thence North 0 degrees 15 minutes 45 seconds East along said east line 15.00 feet to the point of beginning; (Parcels E & F); Outlot A, Kensington Estates 4'h Addition (Parcel H); Exhibit B Depiction of Easement Area 1 [On Next Page] NORTHEAST CORNER--, 1 NE 1/4, SW 1/4 �'�� 28/1,7 NORTH LINE NE 1/4, SW 1/4 SEC. 27 a_- — - N88'27'46"W 2258.50 -- 1 N88'27'46"W 378.11 / I / � PROPOSED TRAIL EASEMENT LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4, SW 1/4), SECTION 27, TOWNSHIP 32N, RANGE 24W, ANOKA I �. �/ 1L COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: _x,\ COMMENCING AT THE NORTHEAST CORNER OF I� -z ' I SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4, SW 1/4) OF SAID SECTION 27; THENCE ON AN ASSUMED BEARING OF NORTH 88 DEGREES 27 MINUTES 46 SECONDS WEST, 378.11 FEET, ALONG THE NORTHERLY LINE P OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE 1/4, SW 1/4); THENCE SOUTH, 517.51 FEET TO THE EASTERLY RIGHT -.OF -WAY OF ANOKA COUNTY HIGHWAY NO. 18, AND THE POINT OF BEGINNING OF THE / EASEMENT TO BE DESCRIBED; THENCE SOUTH 38 DEGREES 40 MINUTES 17 SECONDS WEST, 97.99 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES / 21 SECONDS WEST, 201.46 FEET; THENCE NORTH I O\ 43 DEGREES 48 MINUTES 39 SECONDS WEST, MINNESOTA POLLUTION 12.00 FEET TO THE EASTERLY RIGHT-OF-WAY 1 / �� / CONTROL AGENCY (MPGA) Z OF SAID ANOKA COUNTY HIGHWAY NO. 18; / Q / WDE LANDFILL-- w THENCE NORTH 45 DEGREES 42 MINUTES 21 SECONDS EAST, 298.60 FEET, ALONG SAID RIGHT-OF-WAY, TO THE POINT OF BEGINNING. I ' � w� -'-EASTERLY R/W 8 FT. WIDE / / ANOKA CO. HWY NO. 18 BITUMINOUS TRAIL—/ ----- -- I ci, Q, NE 1/4 ' ''� t ��� 10o D SW 1/4 SCALE IN FEET N SEC.. 27 / MPCA '-BOUNDARY 12.00—" LINE N43'48'39"W ; TRAIL EASEMENT am TWP.32 RGE.24 (MINNESOTA DEPARTMENT OF NATURAL RESOURCES se �eY i/os/1s MINNESOTA POLLUTION CONTROL AGENCY 1/21/15 - I EASEMENT EXHIBIT AHNKE NK Checked: 1/21/15 W.A. LUKACHEK Horz Denim: WDE LANDFILL Sec. 27 CITY OF ANDOVER, ANOKA COUNTY Req. File File SF T. 32 N. R. 24 W. 2052 PCA00013.00.00.01 1 1 Exhibit C Easement Area 1 Legal Description That part of the Northeast Quarter of the Southwest Quarter (NE 1/4, SW 1/4), Section 27, Township 32N, Range 24W, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southwest Quarter (NE 1/4, SW 1/4) of said Section 27; thence on an assumed bearing of North 88 degrees 27 minutes 46 seconds West, 378.11 feet, along the northerly line of said Northeast Quarter of the Southwest Quarter (NE 1/4, SW 1/4); thence SOUTH, 517.51 feet to the easterly right-of-way of Anoka County Highway No. 18, and the POINT OF BEGINNING of the easement to be described; thence South 38 degrees 40 minutes 17 seconds West, 97.99 feet; thence South 45 degrees 42 minutes 21 seconds West, 201.46 feet; thence North 43 degrees 48 minutes 39 seconds West, 12.00 feet to the easterly right-of-way of said Anoka County Highway No. 18; thence North 45 degrees 42 minutes 21 seconds East, 298.60 feet, along said right-of-way, to the point of beginning. ?(1 Armon- T --Al .: IiC AI^AI/. /IAI T fJ 1() f�VVlll',1 I s I H =A Ry 2 M F ?(1 Armon- T --Al .: IiC AI^AI/. /IAI T fJ 1() f�VVlll',1 I s I H =A Ry 2 M g" I a i I I I i — � "PARCEL A" 4665 S9.F1. a 0.204 A°r.z W.w NOJ]XIJ'E vnw+wsy.+ssrn+.«ax -$ o nJ-sx-a-u-oom wlxaou m°unw cmx"w .cwn (;) 1{;Jsti/^si� aA°Qm 35 S7 f -INN S93a3 $ a wC5 �'!/./''i .. I a '=� 9: x'"s�'�� f $�: gNx�r.a d° d$ sN•8Y� �.: .a I '�/ /� �� o ° I o ) a• r - g • ��$ f3�s'$s 3 a e=� "� as .a szs#= . !--a ;'E -e ;Y -as' sit Chi 1 /� A8 ddb ifs s ; € 1t, g - C, / € 63, 5 ¢. _ g as 1 a- ,§-°g¢, I c Y n g R_j �. q$ asV5Yfy 8 p0 es ae $ :a$ a a b $ b a lea $" 3 a, ss�fSg { -F Ssp83'< E; ^ -aVB. s 8p o 3q` mp 9 tg .3 a �'. -jg., sE fl$ ° Ppa -S. a 3 n n� ! R 5 pgp9 la iYysevj f'au - �M1 F° H F K Sri! $� Fein s. - $ 8 5 Fp�b" _a s3�"a= i =? / u a Y _ p }Z }s - /r S g �; ^- Ya W.- i q; °i aS .E 8 rZ k G Fj Via' LRpB V as Ru¢�31 Y ee °i"e' a 8>sa.f $r ¢ "}--� .§�.� „ 6 ay� 3 X�'"; sf " s gglop s I +rp 3Ff a F if f2ss pe gg s 5 Property E Part of w n u%dam wx( fi SON uw om Wy Exhibit Hakanson _ ^- for Anoka Co, ty, aria, H Anderson f Anoka County, Minnesota City of Andover Exhibit E Easement area 2 Legal Description A perpetual easement for trail purposes over, under, and across a strip of land 20.00 feet in width over the Southwest Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota. The centerline of said 20.00 foot strip is described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 28 minutes 13 seconds East, assumed bearing along the West line of said Southwest Quarter of the Southeast Quarter, a distance of 192.65 feet to the point of beginning of the centerline to be described; thence South 12 degrees 40 minutes 04 seconds East, a distance of 154.32 feet; thence South 71 degrees 09 minutes 15 seconds East, a distance of 143.17 feet to the intersection with the South line of said Southwest Quarter of the Southeast Quarter and said centerline there terminating. The sidelines of said strip of land are to be prolonged or shortened to terminate on said West line of the Southwest Quarter of the Southeast Quarter and said South line of the Southwest Quarter of the Southeast Quarter. Area of Proposed Trail Easement = 5,950 Sq.Ft. or 0.137 Acres 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: City Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Conveyance of Land to the State of Minnesota — WDE Site DATE: May 17, 2016 delft ylY The City Council is requested to approve the conveyance of City owned land to the State of Minnesota as depicted on the attached aerial map and conveyance exhibits located near the southwest portion of the Waste Disposal Engineering (WDE) Site. BACKGROUND City Staff has been working with the staff of the Minnesota Pollution Control Agency (MPCA) to have the City of Andover convey a portion of a City owned parcel to the State of Minnesota as depicted on the attached aerial map and conveyance exhibits. The conveyance is being requested by the MPCA as this portion of land lies within the fenced area of the WDE Site and has landfill debris on it. It is in the best interest of the City to convey the property to the State to allow the MPCA to manage it as a part of the WDE closed landfill program. ACTION REQUIRED The City Council is requested to approve the conveyance of the land to the State of Minnesota as presented. Respectfully submitted, David L. Carlberg Attachments Conveyance Documents (Top 3 inches reserved for recording data) WARRANTY DEED DEED TAX DUE: $ 1.65 Date: (month/day/year) FOR VALUABLE CONSIDERATION, the City of Andover, a municipal corporation under the laws of the State of Minnesota ("Grantor"), hereby conveys and warrants to the STATE OF MINNESOTA, a sovereign entity, acting by and through its Commissioner of the Minnesota Pollution Control Agency ("Grantee"), real property in Anoka County, Minnesota, legally described as follows: All the part of the southerly 500.00 feet of the easterly 500.00 feet of the Southeast Quarter of Southwest Quarter of Section 27, Township 32, Range 24, Anoka County Minnesota, described as follows: Beginning at the northeast corner of said southerly 500.00 feet of the easterly 500.00 feet, said northeast corner also being the southeast corner of Outlot A, Kensington Estates 4h Addition, according to the recorded plat thereof; thence on an assumed bearing of North 89 degrees 06 minutes 16 seconds West along the northerly line of said southerly 500.00 feet of the easterly 500.00 feet and the southerly line of said Outlot A of 87.07 feet to southwest corner of said Outlot A; thence South 15 degrees 15 minutes 57 seconds East for 331.50 feet to the easterly line of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 02 minutes 26 seconds West along said easterly line for 318.44 feet to the point of beginning. Check here ifpart or all ofthe land is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: mineral reservations, covenants, conditions, restrictions, easements, ordinances, and declarations of record, if any. The consideration for this conveyance is $500 or less. Grantee is acquiring the real property under Minn. Stat. § 11513.412, subd. 3 (incorporating the provisions of Minn. Stat. § I I5B.17, subd. 15), of the Minnesota Landfill Cleanup Program, Minn. Stat. §§ 115B.39 -115B.445 (2014). Grantee's Certificate of Acceptance is attached to this Warranty Deed. Check applicable box. ❑ The Grantor certifies that the Grantor does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. STATE OF MINNESOTA ) ) ss. COUNTY OF 1 1;7.101KC-9. CITY OF ANDOVER (name of Grantor) This instrument was acknowledged before me on By: (signature) Its: Mayor (type of authority) By: (signature) Its: City Administrator/Clerk (type of authority) 2015 (month/day) by as Mayor (name of authorized signer) (type of authority) and by as City Administrator/Clerk (name of authorized signer) (type of authority) of the City of Andover, a municipal corporation under the laws of the State of Minnesota Grantor. (name of Grantor) (Notarial stamp or seal (or other title or rank) THIS INSTRUMENT WAS DRAFTED BY: David J. Stellmach Staff Attorney Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 (signature of notarial officer) My commission expires: (month/day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: State of Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 ATTN: Closed Landfill Program Unit CERTIFICATE OF ACCEPTANCE I, Douglas N. Day, Supervisor, Closed Landfill Unit, Remediation Division, Minnesota Pollution Control Agency, and Delegate of the Commissioner of the Minnesota Pollution Control Agency ("Commissioner"), pursuant to the authority vested in me by law, do hereby, on behalf of the State of Minnesota and the Commissioner, accept the Warranty Deed to which this Certificate of Acceptance is attached, having determined that acceptance is reasonably necessary for environmental response actions at or related to the following qualified facility: Waste Disposal Engineering Landfill and is in the best interest of the State of Minnesota under the provisions of Minn. Stat. § 115B.412, subd. 3 (incorporating the provisions of Minn. Stat. § 115B.17, subd. 15), of the Minnesota Landfill Cleanup Program, Minn. Stat. §§ 115B.39 -115B.445 (2014). Dated at Minnesota, this day of , 2015. In STATE OF MINNESOTA ) )ss. COUNTY OF ) (Signature) Douglas N. Day (Print Name) Its: Supervisor, Closed Landfill Unit and delegate of the Commissioner of the MPCA The foregoing Certificate of Acceptance was acknowledged before me this day of , 2015, by Douglas N. Day, the Supervisor of the Closed Landfill Unit, Remediation Division, Minnesota Pollution Control Agency, and Delegate of the Commissioner of the Minnesota Pollution Control Agency on behalf of the Commissioner and the State of Minnesota. Notary Public R1 A;o„vER WDE Land Conveyance to State Date Created: May 04, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. I. ., I,'�nl^nvTr,nl r-.Tn T_;- ro In Jlfl vvlllvly fVLI Y.i11 V\JI VIV L�:I111�� / �� TI NOY1p'IY[ \ i'IUP o" °! P, [u� atm cul Sl w Ory.Imry wSw.iY vx. 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Hanson, City Planner Accept Vehicle Maintenance Access (VMA) Easements — B and D Estates Second Addition — Povlitzki Properties, LLP - Planning May 17, 2016 DISCUSSION On April 5, 2016, City Council approved the final plat for B and D Estates Second Addition. As part of the final plat approval, the developer is to dedicate VMA easements over, under, and across Block 1 Lots 9, 10 and 11; and Block 1 Lots 13 and 14A. The City Council is requested to accept the dedication of the VMA easements as described in the attached conveyance document. Attachments Location Map Location of VMA's Conveyance of Vehicle Maintenance Access Easements Res ectfully Submi ed, Stephanie L. Hanson City Planner Cc: Povlitzki Properties LLP, 13643 Jefferson St NW, Ham Lake, MN 55304 ANP GORation of B and D Estates Second Addition 2113 2061 — 1 1 1 , 38111 AW Nw 2120 7 7,8-L 1378 1737713 376 —)2L:j ,�L 1375' 1 2134 2121 ;13959 „..,, „w ,13949 1936 1750 �I ,13939 X13929 1889 I _ 13919 1917 D 13908 1890 13839 13829 I 1 13817 13809 13901 14002 x i 1508 13819 13814 13829 13802' 1145% 13809 1657 147 1851 0 f 1.460 143 13797 rn `—Y1 13727 13779 1777 13753 C." 1485 3 0 .BUNKER LAKE BLVD NW 1635j ,,,.. „ BUNKER LAKE BLVD NW BUNKER LAK` BLVD NW - f BLVD N m 1966 c N BUNKER LAKE BLVD NW n 1 7 56 W Z BUNKER LAKE BUNKER LAN Q `1716 1714 13650 13655 2000 13633 183G o 1530 13625 13624 i D Date Created: May 11, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 1426'1 p D6WP9YP1BAND $� x INA sx n } DETAIL e . b.nD a..me.a Ixro.lx B AND D ESTATES SECOND ADDITION N�uw A ma a e AND D mA,rs MRn Ammw, Mw. Idlq. 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Ad 16®ID MIN D)1MIXw 'y N.m eIRlte'— % 10 o,i?ri \q`i__X_eew'i_x____i�• J/ B I'• �x � EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, Povlitzki Properties, LLP, a Minnesota limited liability partnership, Grantor, does hereby grant, bargain, sell and convey to the City of Andover, a Minnesota municipal corporation, grantee, and to its successors and assigns, easements over, on and upon and across the land hereinafter described, all of said land lying and being in Anoka County, Minnesota. Said land being described as follows: A maintenance vehicle access easement over and across the northerly 10 feet of Lot 9, Block 1, B AND D ESTATES SECOND ADDITION, Anoka County, Minnesota. and That part of Lots 10 and 11, Block 1, said B AND D ESTATES SECOND ADDITION, described as follows: Beginning at the southeast corner of said Lot 11, Block 1; thence North 00 degrees 46 minutes 58 seconds East along the east line of said Lot 11 a distance of 2.43 feet; thence North 76 degrees 24 minutes 12 seconds West a distance of 30.90 feet; thence North 64 degrees 32 minutes 21 seconds West a distance of 35.01 feet; thence South 25 degrees 27 minutes 39 seconds West a distance of 20.00 feet; thence South 64 degrees 32 minutes 21 seconds East a distance of 40.16 feet; thence South 52 degrees 46 minutes 01 seconds West a distance of 93.40 feet; thence North 78 degrees 06 minutes 59 seconds West a distance of 130.24 feet to the west line of said Lot 10; thence southwesterly along said west line a distance of 10.05 feet to the southwest corner of said Lot 10, Block 1; thence South 78 degrees 06 minutes 59 seconds East along the southerly line of said Lot 10 a distance of 147.20 feet to the southeasterly corner of said Lot 10; thence North 52 degrees 46 minutes 01 second East along the southeasterly line of said Lot 10 a distance of 116.59 feet to an angle point on the east line of said Lot 10; thence North 00 degrees 46 minutes 58 seconds East along the easterly line of said Lot 10 a distance of 10.00 feet to the point of beginning. and That part of Lot 13, Block 1, said B AND D ESTATES SECOND ADDITION, described as follows: Beginning at the northwest corner of said Lot 13; thence South 88 degrees 34 minutes 22 seconds East along the north line of said Lot 13 a distance of 100.00 feet to the southeast corner of Lot 14A, said Block 1; thence South 84 degrees 38 minutes 25 seconds East along a northerly line of said Lot 13 a distance of 16.10 feet; thence South 46 degrees 14 minutes 04 seconds East a distance of 47.94 feet; thence South 43 degrees 45 minutes 56 seconds West a distance of 20.00 feet; thence North 46 degrees 14 minutes 04 seconds West a distance of 56.68 feet; thence North 88 degrees 34 minutes 22 seconds West a distance of 96.13 feet to the west line of said Lot 13; thence North 01 degree 25 minutes 38 seconds East along said west line 10.00 feet to the point of beginning. and The south 10 feet of Lot 14A, Block 1, said B AND D ESTATES SECOND ADDITION. No one other than Grantor possesses any right, title or interest in the property above described. This easement will be unlimited in duration, without being re-recorded. IN WITNESS WHEREOF, we have hereunto set our hands this _ day of 2016. POVLITZKI PROPERTIES, LLP, a Minnesota limited liability partnership By: Bradley T. Povlitzki Its: Partner STATE OF MINNESOTA ) ) ss. COUNTY OFANOKA ) The foregoing instrument was acknowledged before me this _ day of 2016, by Bradley T. Povlitzki, as Partner of Povlitzki Properties, LLP, a Minnesota limited liability partnership, on behalf of the partnership. This document was drafted by: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 (763) 780-8500 (CMS) 681908-v1 Pei ril%"Irl 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Pu orks/City Engineer SUBJECT: Declare Cost/Order & Adopt Assessment RoIV16-29/3160 Bunker Lake Blvd. NW/WM - Engineering DATE: May 17, 2016 INTRODUCTION The City Council is requested to declare cost, order and adopt assessment the assessment roll, for Project 16-29, 3160 Bunker Lake Boulevard NW for water main. DISCUSSION The property owner has requested through petition to connect to the City's water system. The water main was previously constructed with City Project 98-17 and was not assessed to the property at that time. The cost identified in the feasibility analysis is as follows: - Water Main Lateral Fee: 120LF X $47.00/LF = $5,640.00 - Water Main Area Charge: $4,258/acre x 0.416 acres = $1,771.33 - Water Main Connection Charge: $4,647/unit x 1 unit = $4,647.00 Total Assessable Costs $129058.33 BUDGET IMPACT The cost of the improvement will be assessed to the property owner over a 5 year period at 4.5% interest if they elect not to pay in full within 30 days of the assessment roll approval. ACTION REQUIRED The City Council is requested to approve the resolution, declaring cost, ordering assessment roll and adopting assessment roll for Project 16-29, 3160 Bunker Lake Boulevard NW for water main. Respectfully submitted, (a,.a O David D. Berkowitz Attachments: Resolution & Assessment Roll cc: Josh Squier, 3160 Bunker Lake Blvd NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST, ORDERING ASSESSMENT ROLL & ADOPTING THE ASSESSMENT ROLL FOR PROJECT NO. 16-29, 3160 BUNKER LAKE BOUELVARD NW. WHEREAS, the property owner has waived their right to a public hearing (assessment hearing). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2017 and shall bear interest at the rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year in which such prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17'h day of May , 2016, with Councilm favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk voting in voting CITY OF ANDOVER Special Assessment Roll DATE: May 17, 2016 PROJECT: PIN: 33-32-24-32-0035 LOT: BLOCK: Address: 3160 Bunker Lake Blvd NW Note: Interest for 2016 will be included in 2017 interest. Water Main Total Lateral Connection Area $ 12,058.33 $ 5,640.00 $ 4,647.00 $ 1,771.33 Interest Rate: 4.50% Number of Payments: 5 Annual Payment: $ 2,746.79 2017 2018 2019 2020 2021 TOTAL Principal $ 2,204.17 $ 2,303.35 $ 2,407.00 $ 2,515.32 $ 2,628.49 $ 12,058.33 Interest 542.62 443.44 339.79 231.47 118.30 1,675.62 Total $ 2,746.79 $ 2,746.79 $ 2,746.79 $ 2,746.79 $ 2,746.79 $ 13,733.95 Principal Balance: $ 9,854.16 $ 7,550.81 $ 5,143.81 $ 2,628.49 $ - Note: Interest for 2016 will be included in 2017 interest. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer/Dire r of Public Works SUBJECT: Approve Hold Harmless & Easement Encroachment Agreement/2074 Veterans Memorial Boulevard NW - Engineering DATE: May, 17, 2016 INTRODUCTION The City Council is requested to approve the attached Hold Harmless & Easement Encroachment Agreement for 2074 Veterans Memorial Boulevard NW. DISCUSSION The property owners, Douglas & Kimberly Gale at 2074 Veterans Memorial Boulevard would like to extend their existing deck as identified on the attached Hold Harmless & Encroachment Agreement which includes Exhibit A showing the proposed extension. To do so the posts of the deck 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 approximately 96 feet. The current platting requirements are to have 110 feet from right-of-way to any easement which would allow enough room for such an improvement in today's standards. 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, Q,-�(Z). David D. Berkowitz Attachments: Hold Harmless & Easement Encroachment Agreement cc: Douglas & Kimberly Gale, 2074 Veterans Memorial Blvd. NW, Andover HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 17th day of May, 2016, by and between Douglas P. Gale and Kimberly A. Gale, 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 2074 Veterans Memorial Boulevard NW (PIN 22 32 24 31 0034; Lot 5, Block 1, Woodland Estates 4th Addition), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, Grantor desires to install an extension to the existing deck (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 Douglas P. Gale Kimberly A. Gale 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 day of May 2016, before me, a notary public within and for said county, personally appeared for Douglas P. Gale and Kimberly A. Gale. Notary 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 Coon Rapids Office IONEERengzneering 20185th AveaueN.W. CNII. MendotaHei�llts OtHoe Coon Ra pid9,MN55433 E`�S LAMPLANNPRS LANDSURVEYORS LANDSCAPHARCInnEcTS 2422 Hoterprue Drive 063)783-1880 Fax:783-1883 Coon Rapids Mendota HeiBhts,MN55120 P (651)681-1914 Pax:681-9488 Certificate of Survey for: NASSAU BUILDERS lNC. House Address. Veterans ernor;al 84ulevet*r; House Model: Mo as Else AP -PPO dEO STAMPED SURVEY GARAGE FLOOR SHALL BE MINIMUM 18" MUST BE ON JOB SITE ABOVE EXISTING STREET GRADE WITH FOR FOOTING INSPECTION. MAXIMUM SLOPE OF 8 PERCENT VETERANS MEMORIAL .BLVD. B9fl0 89fl0 Tc 1C (S X80 8980 898.9 BENCHMARK 81$ Z.ZN' /i't3,9 lap OF PIPE . 898.1 0 89$6 99, EL >• 900,78 .ts o 899,7 F - - ,_ - - SRV BENCHMARK n - - - - - -1 TOP OF PIPE y r� nI SIDEWALK � TO Im ELr cd �4VlJ I n 510 DRIVEWAY 1 ' 800.8' v20.00 0 -- 1200 Lv eT 1200 901.0 --l'{ DATE INSPECTOR I i I 9ozo h 1 g GARAGE I .. i - r-. _ n 14.57 900.7 900.8 PORCH 900.9 16 n I 1 900.2 14.33 N33 900.91mnATOP OF eLocK . 9023 i t 1 1 yj Vq' I `F 905.8 13, � sl• I TOP OF BLOCK r• 8ROPOSED Cas. CF BSMT.T. $ ,_ r J z 11 B WALKOUT I Z 897.4 11 1 893.6 0,01L.. _ - 18.00 o p 29.50 I . arD pO xp 5I 893.8 894. 11.5 PROP. 1A34 895.4 1 _ _-Be5.' '1 RECEIVED ZmPw�tvrlc„t { - 8926 O Jjfr _ J5 892.5 x gt�x/� •. x894.1 JUL 0 72006 x B93. 894.4 DRAINAGE AND U71L1y EASEMT `„'a,�� 893' CITY OF ANDOVER 891.8 x {/ r , iJ F 891.9 8920 95.6 95.00 b9S7 ^"/4 [-4 N8843'02"W L.vrr rn1Ln NWL . 689.4 it x001 4 a'O /-. ,r 4 ,-r-� HOUSE E PLACEMENT PER w"N V//L.nfYl/ L._: I r-, / L..i LL{ OIr/YER 1 YR MY,L =889,8 _ 10 YR HWL . 890.4 �C ri v, vt✓ 4 nn'' /^A / HO: COUloo YR HWL . 891.2 nuuf / / /v SET GARAGE 1 COURSE DOWN 1-.1 O, Min. Lowest Floor Elevation. 12%2 .0 Denotes Emergency Overflow PROPOSgDA AING tffA_V= ./ Lowest Floor Elevation. 89� rff x 000.0 Denotes Existing Elevation Top of Foundation Elevation. 903.3 I/ x Denotes Proposed. Elevation Garage Slab Elevation: 29LA4,� (at door) Denotes Drainage Flow Direction NO7E Prapsaed ba9Ang site grading h N accordance with the -' Denotes Drainage k Utility Easement grad„a Plans revised It= PL , pared by Hakaneon Anderson Aoc, IM, last (Per recorded plat) - NOTF- Contractor Mgt verity 10 hones dknansiona d: drhewoY daelgn. �- Denotes Offset Iron NOTE Driveways are ahown for graphia Purpwee only, Rnal dnnaway Bearings shown are assumed design and location w91 be deleRMned by eentooter. LOT 5 BLOCK 1 WOODLAND ESTATES FOURTH ADD. ANOKA COUNTY, MINNESOTA I 1 hereby Certify to NASSAU RUII DERc that this ,, of, pion or report was prepared by me or uRdar my direct euperWslon and that 100 a duly licensed Land Surveyor under the laws or the State of Minnesota. Dated this 2 Rb A.D., 2006. 3- day of.�V1JE Signed: PIONEER ENGINEERING, P.A. Scale: 1 ah-30eet By. eer:138 206168.000 JFW Terrence E. Rothenba Thomas R. Bolluff, L.S. Reg. No. 40361 Extfi'aIr A n v. rT Coon Rapids Office PIth E.Rengtneering , 2018 Ra AveaueN.W. CIVRRNt+RiF'PRs Mcnduta Heights Office Cam Rapids, MN55433 IANDPLANNERS LAMDSURVEYORS *LANDSCAPRARCIV1Em 2422Faterprueso i (763)783-1880 paa;783-1888 Coon Rapids Office Mendota Heighh,MN55120 P (651)681-1914 Fu:681-9485 Certificate of survey for• NASSAU BUILDERS INC. House Address: Veteran tiro*.,,.,;°, o___a_ rd JL House Model. _ Mogan F'hse GARAGE FLOOR SHALL BE MINIMUM 18' ABOVE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 8 PERCENT VETERANS MC898.0 8g80 ® TC cew f P � �J V i -1 -010 DATE TOP OF BLOCK - 9023 r- 899.4 PP3?£IVEO STAMPED S°.IRVEY MUST BE ON JOB SITE FOR FOOTING INSPECTION. MEMORIAL BLVD. r-- � 4 TOP OF BLOCK - 805.0 I 897.4 E xttat Ir A 95.00 - �7 — [, N88'43'02eW HVA. - es914 I YR L - -889.8 �ivvui.riiv'ei '-^ra +'r-^ HOUSE PLACEMENT PER OWNER 10 YR HwL . 89014 loo YR HwL - 89L2 ::L w/iV nn/rrne/ '• SET GARAGE 1 COURSE DOWN (T6 ) up. Min- Lowest Floor Elevation: 895.2 Denotes Emergency Overflow PROP09SD BRUT nNG irTremrn ,a ���"x COO ■ 000.0 Donates Existing Elevation Lowest Floor Elevation: 895.2 V fifl/ - a® Denotes Proposed. Elevation Top of Foundation Elevation: 903.3 i/ — Denotes Drainage Flow Direction Garage Slab Elevation: 0 (at door) NOTE: PmPcsed busdmg etre grading le m Denotes Drainage dt Utility Easement accordance with the gmdk' 11oirN a'ed by Hokonson Mderaon Auoc, Inc last revised(per recorded plat) Denotes Offset Iron NOTE Cantructar. must wry au house danemtone h dd wwy dealg, NOTE Odwewoya ors shown for grophIc Bearings LOT 5 BLOCK purpoeea any final Airway shown are assumed design and l000tlon wBl be determined by mnirmtor. _ 1 WOODLAND ESTATES FOURTH ADD. ANOKA COUNTY, MINNESOTA I I hereby certify to NASSAUB I DERINCthat this survey, plon ar report was prepared by me or ul)der my direct euperWslon and that 1 am a duly licensed Land Surveyor under the lawn of the State RO A.D., 2006. of Minnesota. Dated this Z'S-- day of MriAd_ Ems__ Signed: PIONEER ENGINEERING, P.A. Seale: 1 = 30 eel BY f38 206168.000 JFW Terrence E Rothenbaeho, t_S. Reg. Nb 20595 Thomas R. ealluff, L.S. Reg. No. 40361 E xttat Ir A Y O F O TT1 E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City AdministraY'rctor FROM: David D. Berkowitz, City Engif Public Works SUBJECT: Accept Petition/Waive Public Hearing/Order and Adopt Assessment Roll/ 16-34/14607 Drake St. NW/SS & WM - Engineering DATE: May 17, 2016 INTRODUCTION The City has received a petition from the property owner of 14607 Drake Street NW requesting to hook up to City sanitary sewer and water main, Project 16-34. DISCUSSION The property owner has requested through a petition to connect to the City's sanitary sewer and water system. The sanitary sewer and water main was previously constructed with City Project 94-6 (Hartfiel's Estates) and the assessment for these improvements was deferred until the property is connected to the City sewer and water systems. Attached for your information is the deferred assessment and resolution from the Hartfiel's Estates project. The approved deferred assessment identifies an interest rate of 7% amortized over a period of 10 years. The assessment can also be paid in full upon approval of the assessment roll. The property owner has waived the right to a public hearing. BUDGETIMPACT The cost of the improvement is assessed to the property owner over a 10 year period at 7% interest if they elect not to pay in full after the assessment roll is approved. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition, waiving the public hearing, ordering and adopting the assessment roll for the improvement of sanitary sewer and water main, Project 16-34, 14607 Drake Street NW. Respectfully submitted, David D. Berkowitz Attachments: Resolution Petition, Deferred Assessment Information & Special Assessment Roll`/ cc: Robert & Nancy Pettit, 14607 Drake St. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT FOR SANITARY SEWER & WATER MAIN PROJECT NO. 16-34 IN THE AREA OF_ 14607 DRAKE STREET NW. WHEREAS, the City Council has received a petition, dated May 9, 2016 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The City Council of the City of Andover hereby accepts petition, waives public hearing, orders assessment roll and adopts assessment. 2. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2017 and shall bear interest at the rate of 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2026. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owners, of any property so assessed may, pay the whole of the assessment on such property on May 18, 2016. If not paid at that time, the assessment shall accrue interest. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17th day of May, 2016, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk voting in voting Date "��� t zo lto Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of water main and sanitary sewer with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over an Xyear period. Si l __ II 0 (�S' a-Pte'eA0.S �r'k 01- 'G p.C. 1Crr� Q SSCSS WIC�'1 T cerey, � 0 Property Owner Address \'-Un c'Z� cake ` • UUJ City, State, Zip rdDv2Ct �fln SSUioq Phone (Home) (Wofk) -IL's kgSd y H:\Engineering\Miscellaneous\Templates\PETITION SINGLE.DOC MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-95 Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS PROJECT NO. HARTFIEL`S ESTATES WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or efore the first Monday in January, 1996 and shall bear interest at a rate of 7 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. 4. The deferred assessments for sanitary sewer and water will carry no interest until hook up, and once assessed, it will be at 7 percent. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day of November 1 9 , with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (d. E. McKelvey - Myor Victoria Vo - City clerk PIN 26-32-24-23-0038 OWNER CURRENT OWNER LOT 11 RESOLUTION DATE 11 07 95 PROJECT RARTFIEL'S ESTATES (94-6) DEFER BLE 2 TBU, NOV 09 1995 ADD BARTFI£L'S ESTATES IMPROVEMENT AN SEWER LATATERMAIN LATTORM SEW LAT STREETS WATER CONN WATER AREA SE CONN SS AREA/UID/ FOT AREA ASSESSABLE UNIT 1.0000 1.0000 0.0000 0.0000 1.0000 1.0000 1.0000 1.0000 0.0000 RATE 2985.6500 2412.3600 0.0000 0.0000 1190.0000 541.2600 285.0000 509.2800 0.0000 AMOUNT $ 2985.65 2412.35 0.00 0.00 1190.00 541.26 285.00 509.28 0.00 TOTAL ASSESSED AMOUNT $ 7923.54 q+1 1996 1997 1996 1999 2000 2001 2002 U'V, 2003 9 2004 2005 PAIN $ 573.95 $ 613.58 $ 656.54 $ 702.49 $ 751.67 $ 809.28 $ JJJ 860.58 $ 920.82 $ 985.29 $ 1054.82 INT 636.69 514.51 471.55 425.60 376.42 323.81 267.51 207.27 142.80 73.83 TOT 1210.14 1128.09 1128.09 1128.09 1128.09 1128.09 1128.09 1128.09 1128.09 1128.65 NOTES 1. INTEREST FOR 1995 ($ 82.05( IS INCLUDED IN 1996 INTEREST I CITY OF ANDOVER ) COUNTY OF ANOKA ) STATE OF MINNESOTA ) 1191266 CERTIFICATE OF DEFERRED ASSESSMENTS I, Victoria Volk, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby state that pursuant to Statute 429.061 there are deferred assessments against certain properties situated in the City of Andover more fully described on Exhibit A attached hereto and further that the amount of such assessment and commencement of payment are further set forth on Exhibit A. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 9th day of November :�(-3-.;z.�4.a3-no-� ///O2- 1995. CITY OF ANDOVER Victoria Volk - City Clerk Exhibit A Lot 11, Block 2, Hartfiel's Estates, City of Andover, Anoka County, Minnesota. PIN 26 32 24 23 0038. Assessments are deferred until the property is connected to the City Sewer and Water. Deferred Assessment Amount: $7,923.54. CITY OF ANDOVER Special Assessment Roll DATE: May 17, 2016 PROJECT: 94-04 PIN: 26-32-24-23.0038 LOT: 11 BLOCK: 2 Address: 14607 Drake St NW Note: Interest for 2016 ($345.52) is included in 2017 interest. Water Main Sanitary Sewer Total Lateral Connection Area Lateral Connection Area $ 7,923.54 $ 2,412.35 $ 1,190.00 $ 541.26 $ 2,985.65 $ 285.00 $ 509.28 Interest Rate: 7.00% Number of Payments: 10 Annual Payment: $ 1,128.13 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 TOTAL Principal $ 573.48 $ 613.63 $ 656.58 $ 702.54 $ 751.72 $ 804.34 $ 860.64 $ 920.89 $ 985.35 $ 1,054.37 $ 7,923.54 Interest 900.17 514.50 471.55 425.59 376.41 323.79 267.49 207.24 142.78 73.76 3,703.28 Total $ 1,473.65 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 1,128.13 $ 11,626.82 Principal Balance: $ 7,350.06 $ 6,736.43 $ 6,079.85 $ 5,377.31 $ 4,625.59 $ 3,821.25 $ 2,960.61 $ 2,039.72 $ 1,054.37 $ - Note: Interest for 2016 ($345.52) is included in 2017 interest. NDOVE: 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: Approve Refuse/Recycler Hauler Licenses DATE: May 17, 2016 INTRODUCTION Refuse/recycle hauler licenses expire on May 31, 2016. DISCUSSION The following licensed haulers in the City have applied for renewal of their licenses. ACE Solid Waste Aspen Waste Systems Lepage & Sons Loe's Oil Co. Inc. Randy's Sanitation Inc. Republic Services (Allied Waste) Waste Management of MN ACTION REQUIRED The City Council is requested to approve residential and commercial licenses for the haulers listed above, contingent upon payment of appropriate fees and their trucks passing inspections performed by our mechanics. The license period will be from June 1, 2016 through May 31, 2017. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Applications 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name ACE <,-Y-J(d WQSte. lnc . 2. Address of Business: Pw-y, m� 55�o3 street City State Zip 3. Business Phone Numberb3 _;2 1_ f E mail Address 4. Owner of the collection service: Wbst. Connr-c-I--ton 5 -7(3-q c 7 - 311 o Name (Please print) Phone Number 3 Wxhr!t)" Sq,uaC�P, f�c c� ,lT�e c1 �o; (arils, fix -1 -� Sgc Streef Addr f to City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of DisposaUProcessing/Recychng Garbage Tires Used Oil Appliances 3gi<, U%IWCe R A + 2X' ~ 11 fav ��JS Name & Location of Disposal/Processing/Recycling Corrugated Ronver-Mdss I Po--VTCnfl Edible Food Waste Scrap Metal Yard Waste )-Nalr)c Demolition/Construction Debris Paper/Paper Products X Plastics J Newsl Ashes �v Tree L ^ Office XGlass t�`��la���l A Other - specify 10. License(s) Requested: AResidential X Commercial 11. Number of trucks proposed to be licensed 1� Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply at all times with the provisions of said ordinance. Signatur Date U 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100_ FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name 11- rl VWA & A STQ/jVls t i n 2. Address of Business: , 11, 1, Street City I Slate Zip 3. Business Phone NurmberW--�E-mail Address _ 4. Owner of the collection service: Namea (Please pr d..- — Street Address 11 L - Phone Number City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name `& VLoocation of Disposal/Processing/Recycling Garbage JNuOjz' 04il ic" I�I,(��il Tires �Pr Used Oil �1K Appliances Name & Location of Disposal/Processing/Recycling Corrugated jD Q Edible Food Waste re Scrap Metal n IfT 0 Yard Waste Demolition/Construction Debris � %j �,��>Tf LA P/1 Paper/R +� Plastics Newspaper Ashes dl Tree Debris O [j Tf,�h Office Paper Y(�% Glassa–`�14fl" MIA �– �I�aKWi�{6i Other - specify 10. License(s) Requested: Residential Commercial 11. Number of trucks proposed to be licensed -_ Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply at all times the provisions of said ordinance. Signature Date Y OF O 1' %E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name LePage & Sons, Inc. 23602 University Ave NW 2. Address of Business: Bethel, IVIN 55005 street City State Zip 3. Business Phone Number -15-1 --If 00 E-mail Address 4. Owner of the collection service Clint LePage Name (Please print) Street Address City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling Garbage �k 0 , o, :u— C K -cd Tires Used Oil Appliances Name & Location of Disposal/Processing/Recychng Corrugated ) 4 -Q _ A--rr to o d Edible Food Waste _ Scrap Metal _ Yard Waste Demolition/Construction Debris Paper/Paper Products Plastics Newspaper Ashes Tree Debris Office Paper Glass Other - specify 10. License(s) Requested: Residential V _ Commercial 11. Number of trucks proposed to be licensed 1 0 Applicant aclwwledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply es the provisions of said ordinance. L4 _ e Date Y O F OVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS Business Name I _lt9 U 1 2. Address of Business: L b5L,- - -� ,_, ��- 94 State 3. Business Phone Number IL -x,25'- E-mail Address 4. Owner of the collection service: Name (Please print) Phone Number Street Address City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident, and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling Garbage Tires f/USed Oil LD,c� Lw Gpo,,�� / ";titL, Appliances Name & Location of Disposal/Processing/Recycling _ Corrugated Edible Food Waste _ Scrap Metal _ Yard Waste Demolition/Construction Debris Paper/Paper Products Plastics Newspaper Ashes Tree Debris Office Paper Glass Other - specify 10. License(s) Requested: Residential Commercial 11. Number of trucks proposed to be licensed Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to cioY at all times with provisions of said ordinance. Signature Date 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name 2. Address of Business: 4351 U,S. Nwy la, SE [fieloino Mn SS3�� street city f State zip Wq 3. Business Phone N(umbe7d -3 33 �� E-mail Address 4. Owner of the collection service: Ra dodl Rusou)jcz'K x`263) 97J,-3335 Name (Please print) Phone Number 140 la -SE- be lckro Mn S53 Street Ad rens city State I zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling Garbage a J'd Tires Used Oil Appliances _IR S Rpv k aA� 'e 1 `no 4--n Gf� 5 . Name & Location of Disposal/Processing/Recycling ✓ CorrugatedRomdq's T,Uad R 'ode- b6t MI). Edible Food Waste I✓ Scrap, Metal R mef, ica,^ ZR U N Yard Waste Demolition/Construction Debris p yj Paper/Paper Products 5 rams Plastics e (alto ✓Newspaper Ashes Tree Debris Office Glass 'L Other - specify `J euh-m i c: Ruwa tt q — oa 44^ i`u is P") &e ssi f? J �9 10. License(s) Requested: Residential ✓ Commercial 11. Number of trucks proposed to be licensed Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply at all times with the provisions of said ordinance. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV 1. Business Name 2. Address of Street LICENSE APPLICATION REFUSE/RECYCLE HAULERS 3. Business Phone Number , W E-mail Address State Zip 4. Owner of the collection se vic Name (Ple e print) Phone Number Street Address — ` City " State I Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling ,�-Garbage lzl_ A4e� Ay, Tires Used Oil ,s tippliances ��F 4/ Kl'o'w ,�l,�WO:%tG Name & Location of DisposatTrocessing/Recycling Corrugated _`%j„rp. IPZo' Edible Food Waste Scrap Metal —Z Yard WasteJ•Jo=eo�� w Demolition/Consiruction Debris w/Paper/Paper Products 111j11VAI Plastics Newspaper Ashes Tree Debris Office Paper /yZav, Glass Other - specify 10. License(s) Requested: 11 Residential ✓ Commercial Number of trucks proposed to be licensed Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply at all times with the provisions of said ordinances. Signature Date FWP ;,tillWNMI �'y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS Business Name 2. Address of Business: 1060 114$ S+ 10u me, uv, it) 55qqG Street City State Zip 3. Business Phone NumbeA50 E-mail Address 4. Owner of the collection Phone Number g610- uo 1606 TOES �A llr LGilo<yw No 55 HLA Street Address City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling �( Garbage 0,3(tcL IQ V() (y fir` e V)11) t'J Tires Used Oil ,k Appliances WM - Mc) 1 N t'1jlVi 11�5 1p (n 3q - 2cl"y) Acv,,- V\ Name & Location of Disposal/Processing/Recycling )_ Corrugated L+ • J W R -f- 12 b ca ' ne) rvv)1 , Edible Food Waste VScrap Metal W � A Nj?_- 12po rr���U�¢� �1 V1e yvtpls __ Yard Waste 5" U 31i jMaA C, 0 M &X-1 4 n } 5 J x Demolition/Construction Debris �� e t 0100 - f In 5-m �kw_ Y1 W C 1 K- i1v-e.v- X Paper/Paper ProductsWI'YN �,,:�,C',l�s }Ylit� i26Pirnerlu:ruiS4 �L Mpis J� Plastics k 7k, Newspaper `° Ashes '�_ Tree Debris v° ori _Office Paper W1 c"L;{e5! )MV -F 1 w S{ 11C-Yltipis Y, Glass r °° Other - specify 10. License(s) Requested: 3 Residential Commercial 11. Number -of trucks proposed to be licensed Applicant acknowledges receipt of a copv of Citv Code Title 4_ Chanter ?. and aorPas to • • NDOVE Cr^}.'1.^. �. 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 Harmer, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/Andover Lions Club DATE: May 17, 2016 INTRODUCTION The Andover Lions Club has submitted an application for a raffle at the Andover Family Fun Fest on July 9, 2016. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. ` Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Application Page 1 of 2 2110 !nnnneauld Lawrar taanrrvrruy Application fee for each event LG220 Application for Exempt Permit Ifo lication msftn2rkedorreceived: less than 30 days morethan 30 days before the event Before the event An exempt permit nay be issued to a nonprofit organization that conducts lawfulfgambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. X50 ORGANIZATION INFORMATION Check# $ Organ at on na�me /l Previous gambling permit n bar �ia�►s ncfiuv� /�� CJ a S7 Type of nonprofit organization. Check one. Fraternal Religious Veterans Other nonprofit organization Mailing address City /� State Zip Code County /&/�S_ 1 � ' i`v t S� /� gdj a fir" A 5 -s --?o y' W4oA r, Name of chief executive otfioer (CEO) Daytime phone number Email address Attach a copy of PNIE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. EJNonprofit Articles of incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St Paul, MN 55155 Phone: 651-296-2803 ElIRS income tax exemption 1301 (c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877.8295500. IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of troth of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or tetter from your parent organization recognizing your organization as a subordinate. IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name f pre "sea where gambling activity will be conducted (for as, list the site where the drawing will take place) �r� U V I? 0 ck /✓1 / / �r 6 i Address(do not use PO box)City Zip Code County /) J CO�J �d e%SS r✓tC�� �!1 7`f 1iC4U'ey-, Dam{s) of a 'vity (fo raffles, indicate the data of the drawing) heck the box r boxes that indicate the type of gambling activity your organization will conduct Bingo" Raffles F�Paddiewheeis* ❑PuIFTabe QTipboarde * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor lice -sad by the Gambling Control Board, EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from anodw r organization authorized to conduct bingo. Fja i Form To find a licensed distributor, go to www.gcb.state.mn.us and click on List Form,. of Licensed Distributors, or call 651-639-4076. LG220 Application for Exempt Permit Page 2 of 2 1/10 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling promises is within city iimits, U the game?Ing premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with no waiting period. period, and allows the Board to issue a permit after 30 _The application is acknowledged with a 30 day waiting days (60 days for a let class city), period, and allows the Board to issue a permit after 30 _The application is denied. days. The application is denied. Print city name Print county name On behalf of the city, k acknowledge this application. On behalf of the county, t acknowledge this application. Signature of county official receiving application Signature of crit)' official receiving application Title (Optional) TOWNSHIP: on behalf of the township, I Titre Date_/ / acknowledge that the organization is applying for exempted gambling activity within township limits, [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date UTIVE OFFICER'S SIGNATURE frovidedin this application is complete and accurate to the best of my knowledge. t acknowledge that the E ll be completed and retugred to the Booard within 30 days of the date of our gambling activity. fficer's signature, /{ r iJ �Date Complete a separate application for each gambing activity: u Financial report and recordkeeping required - one day of gambling activity, -two or more consecutive days of gambling activity, financial report form and instructions Will be sent with - each day a raffle drawing is held your permit, use the online fill-in form available at y www.gcb.stat9te.mn.us. Within 30 days of the activity data, Send application with; complete and return the financial report form to the -a copy of your proof of nonprofit status, and Gambling Control Board. -application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control To: Gambling Control Board Board at 651-839-4076. 1711 West Courtly Road B, Suite 300 South Roseville, MN 55113 Print Form Reset Form This form WIN be made available in alternative format (i.e. large print, Braille) upon request. Cate privacy notice:The Inrormation requested on this form (and any atiechments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be Involved in lawful gambling activtties in Minnesota. Your organization has the right to refuse to supply the Information requested; however, If your organization refuses to supply this infornaBon, the Board may not be able to determine your organizations qualifications and, as a consequence, may refuse to issue a Permit. If you supply the information requested, ane ooara war Be aims to process your organization's application. Your organization's name and address will be public information when received blithe Board. AN other information provided will be private data unto the Board issues the permit. When the Board issues the permit, all information provided WE become public. If the Board does not Issue a permit, all information provided remains private, with the exception of your organizatior's name and address which will remain pubic. Private data are available to: Board members, Board staff whose work requires access to the intormatlon; Minnesota's Departmentof Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order, other individuals and agencies specifically authorized by state or federal law to have access to the Inrormation; indlviduab and agencies forwhich law or legal order authorizes a now use or sharing of Information after this Notice was given; and anyone with your written consent. 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 City Cou Jim Dickinson, City Michelle Hartner, Deputy City Clerk Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest May 17, 2016 INTRODUCTION The Andover Lions have applied for a 3.2% malt liquor license for the Fun Fest. DISCUSSION Each year the Lions Club sells 3.2% malt liquor during the Fun Fest, which will be held on July 8th and 9th, 2016. They will be selling on Friday, July 8th from 6:00 p.m. until 11:00 p.m. and on Saturday, July 91h from 10:00 a.m. until midnight. ACTION REQUIRED The City Council is requested to approve a temporary 3.2% malt liquor license for the Andover Lions Club for July 81h and 9th, 2016. Respectfully submitted, `-�f ' � , t tlyr 1� Michelle Hartner Deputy City Clerk Attach: Application ANL661YRI 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TEMPORARY COMBINATION APPLICATION FOR RETAILERS (ON -SALE) (OFF - SALE) 3.2 % MALT LIQUOR LICENSE f To the City o ndo er, County of Anoka I, ar 6Us'O 0 \O / of the City of 4 q U Ili?r" , County of n©k q hereby make application for the following license(s): (Off -Sale) (On -Sale) established pursuant to an Ordinance passed by the Andover City Council. For the past five years my residence has been as follows: i• r K v V *rr v 1 I was born at (month, day, year) (City, V' lage, or Town) I am the �e_gselre r of 1T71e10V'ei" Z,U els (Title, Officer) (Name of Organization) located at the following address _ _ - - %_ � , I I - _ _ - y The date the organization was incorporated /9 7U The name and addresss o, the officers are as follows: -------------- Name of Business: '4'1/ZS Business Address: Store Manager: Store Phone Number: _ , 11 9 1 'szf:i>G�1 I agree, as part of this application, to furnish a list of all other persons, firms, or corporations having an interest in the licensed organization. I will notify the City of Andover of any change in legal ownership or beneficial interest in such organization. I am am not ngaged in the retail sale of intoxicating liquor. I have have not had an application for licenses rejected previously. I have have not been convicted of a felony or of violating any national or state liquor law or local ordinance relating to the manufacture, sale or transportation of intoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises. I have no intention or agreement to transfer this license to another person. I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. 'Signature of Applicant Date NDOVEDmz 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 Clerk SUBJECT: Approve On -Sale Intoxicating Liquor & Sunday Licenses/Acapulco Mexican Restaurant DATE: May 17, 2016 INTRODUCTION Samuel Leon has applied for an On -Sale Intoxicating Liquor license and Sunday license for Acapulco Mexican Restaurant located at 13753 Ibis Street NW. DISCUSSION Samuel'Leon, owner of Acapulco Mexican Restaurant has applied for On -Sale Intoxicating Liquor and Sunday licenses and paid the appropriate fees. The licenses would also include the patio area located in the general area of the south side of the building. The Sheriff's Office has completed their background investigation. ACTION REQUIRED The City Council is requested to consider approval of the On -Sale Intoxicating and Sunday licenses for Samuel Leon, owner of Acapulco Mexican Restaurant. The City Council is requested to approve the above licenses for the period of July 1, 2016 through December 31, 2016. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Application DOVE N 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and' -stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED as�y.�)� First Middle -Last for and on behalf ofAcL�O,,%r1 W A41PAA f/)• hereby apply for an On -Sale Intoxicating Liquol*License to a located C4- fit , City of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter340, commencing 20 and ending ' 3 , 20�. 2. Applicant's date of birth Birthdates of Partners or , Officers of Corporation SG rvt /_ 66 n 3. Applicant's Phone Number -.S.- 4. .S., 4. The residence for each of the applicants named herein for the past five years is as follows: _ 1 5. Is the applicant a citizen of the United States?— Vlj*" - If naturalized, state date and place of naturalization: I If a corporation or partnership, state citizenship of all officers or partners 6. The person who executes this application shall give spouse's full name and address. No 7 E601 What occupations have applicant and associates in this application followed in the past five years? If a partnership, state name and address of each member of partnership. If a corporation: Date of incorporation: State in which incorporated t 4 l og�,- Amount of authorized capitalization: 4 Amount of paid capital: ,4,15 iCndw If a subsidiary of another corporation, so state: Name and address of all officers, directors, and stockholders, and the number of shares held by each: If incorporated under the laws of another state, is corporation authorized to do business in this state: Number of certificate of authority: 9. On what floor is the establishment located, or to be located? 10. Describe the premises to be licensed. AfW 4Adouelr` r1 sy3 o I 11. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? Na State approximate distance of the establishment from such school or church: 4 12. Give name and address of owner of building establishment is to be located in. , Has owner of building any connection, directly or indirectly, with applicant? 13. Are the taxes on the above mentioned property delinquent? Al 1 In accordance with City Code Title 3, no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 14. State whether applicant or any of his associates in this application have ever had an applic tion for a liquor license rejected by any municipality or state authority. If so, give date and details: 15. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor,Control Act revoked for any violation of such laws or local ordinances? n, � v If so, give date and details: 16. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal Laws. If so, give date and details: 17. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: nl � 18. Is the applicant or any of his associates in this application a member of the City Council in the municipality where this license is be issued? If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 19. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? Giverl mean d addr s of such establishment -t. 4a njbkh (I 20.uF rnist t e d ema5d'aKakdress of at least three business references, 4 ,& lig 21. What is tJs�e_ating capacity of this establishrriment? 22. During what hours will food be available? r Mnn —T (yrs ��/V - /�12r,1 ril .g 1—C44-11 P i! 1117n- er a o 23. State the name of the person who will operate the restaurant. 24. State the name of the person who will operate the bar. r 25. State t1hh number of people the restaurant will employ. 26. Will food service be the principal business of this establishment? 27. Stto trade name to be used. c n .,)n,AI P M /7�i�� Il /7 i /i) M, i/i•-� 28. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. �f �9 29. How many years has this business been in operation under this ownership? �)Q 30. Does applicant intend to sell intoxicating liquor to other than the consumer? AZC)_ 31. How many months of the year will this establishment be open? 32. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. 33. Prior t nsideration of the application an investigation shall be made by theXbunft sheriff's department of all persons listed on the license Signature Da e REPORT ON APPLICANT OR APPLICANTS BY SHERIFF'S OFFICE This is to certify that to the best of my knowledge, the applicant, phis �- „ar hArin have not been convicted within the past five years of any violation of the laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non -intoxicating liquors except as hereinafter stated. Date: 5-67 Anoka County Sheriff's Alcohol & Gambling EnlamemeM Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 222, St. Paul, MN 55101-5133 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License, 3.2% Liquor Iicense or Sunday Liquor License Cities and Counties: You are required by law. to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor License A a do V ge- License Period From: 'r 0%To: Circle One: N icense License Transfer Suspension Revocatin Cancel former licensee name) (Give dates) License type: (circle all that apply) On Sale Intoxicatin unday Liquor .2% On sale 3.2% Off Sale Fee(s): On Sale License fee:$ Sunday License fee: .2% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name:cD1Ie 0G�'+ 10 ink -5 TJ0C-DOB_ Social Security # (corpotation`partne sr lnp, LLC, or (Individual) Business Trade Name IODI J." A A,91 �� o,t �II ess Address 137 1 , l City r Zip Code r 157AY CountyAAWr4 Business Phone Home Phone Home Address; City Licensee's MN Tax ID #_ „?fjj-7 Licensee's Federal Tax 1D Co Apply call 651-296-6181) # �//— %rF�O�%1�-� (fo applycall1RS 800-829-433) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: �lli/a� 4 a I I- - Partner/Officer Name (First Middle Last) DOB Social Security # -Dine Address t :d.S - V .10W, � .4,e1 - , (Partner/Officer Name (First Middle Last) 'DOB Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes No) During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name:�r i„�/ ���F In nG Policy # I Certify that this license(s) has been approved in an official meeting by -the governing body of the city or county. City Clerk or County Auditor Signature Date (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7504, or visit our website at www.dps.state.mn.us. (Form 9011-12/09) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of P Qcorks/City Engineer�3 FROM: Todd J. Haas, Assistant Public Works Director/Parks Coordinator SUBJECT: Approve Paving Park Parking Lot/Country Oaks North 2°d Addition - Engineering DATE: May 17, 2016 INTRODUCTION The City Council is requested to approve paving of the park parking lot in the Country Oaks North 2n1 Addition. DISCUSSION As part of the development of Country Oaks North 2"d Addition a park will be dedicated in the first phase of the development which will be recorded at Anoka County Recorder's Office within the next couple months. The proposed plan as of right now is to construct the parking lot (class 5) and driveway apron. The developer has expressed interest to staff and to the Park and Recreation Commission that they would like to see the parking lot paved since it is located near an urban area. The estimated cost to construct concrete curb and gutter and pave the remainder of the parking lot (8 parking stalls) is $8,657 with the understanding that Public Works would stripe the parking lot and install the necessary handicapped sign for one of the parking stalls. The Park and Recreation Commission have reviewed the request and are recommending approval of the request with the understanding that the paving of the parking lot will not exceed $11,000. BUDGETIMPACT The funding for paving the parking lot would come from the Park Improvement Fund. ACTION REQUIRED The City Council is requested -to approve paving of the park parking lot in the Country Oaks North 2"d Addition. Respectfully submitted, Todd J. aas Cc: Shane Stenzel, Park and Recreation Commission Chair Shawn Weinand, SW Land, LLC. (Developer) Attachments: Parking lot plan; Estimated costs to pave the parking lot; Preliminary plat identifying location of park's Todd Haas From: Dave Berkowitz Sent: Monday, May 09, 2016 11:16 AM To: Todd Haas Subject: FW: CON2 Parking lot pavement and curb From: Jake Knutson Sent: Friday, May 06, 2016 2:29 PM To: Dave Berkowitz Subject: CON2 Parking lot pavement and curb Dave, The additional quantities and costs for putting curb around the parking lot and paving.it after the changes to reduce the size of the parking lot are as follows: 8612 curb: 245 LF x $11.40/1-F (8618 price) = $2793 Base course: 1.5" Type SP 12.5 Wearing course mixture (3,C) 40T x $70/TN = $2800 Wearing course: 1.5" Type SP 9.5 Wearing course mixture (3,C) 40T $76.60/TN = $3064 Total = $8657 Thanks, Jake PARK IE,NNnRMN M,MRpfIpN. 1[app m uR MOM uCn LNCMMe"IMd fXVIROMMVfNiH. RW RIM. m�an�,airei nw RaIIMIRaCI PIaI SW land LLC ,--A- CannlryOaks Nddh Second AddlUan And., MN IIrwJ FdUED OCT 5 2015 CITY Or ANDOVER R nn. NMM n WN�a" w a a01H12.1.d LYf]Ola 6.1 nN®i C202 - 4�,J, TO: CC: 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755-5100 FAX (763) 755-8923 - WWW.ANDOVERMN.GOV FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of PA Todd J. Haas, Assistant Public Works/City EngineerD Coordinator Approve Request from Neighborhood/Hickory Meadows Park - Engineering May 17, 2016 INTRODUCTION The City Council is requested to approve a request from Hickory Meadows Park neighborhood to make some improvements to the park so that the youth have an open area to play various activities and authorize the City Administrator to execute the attached Right of Entry Agreement on behalf of the City Council. Attached is the request from Sheila Tollefson and Rachelle Fitzhenry who are representing the neighborhood. Also attached are photos of the park identifying the existing trees the neighborhood would like to remove to allow the youth to run, play baseball, football, and just to have wide open area to other neighborhood games or activities. Staff has also attached the 2010 Existing and Future Park Facilities Chart so the City Council has idea of what the planned future improvements have been identified (irrigation, 1/2 basketball court, picnic shelter) for the park. i" As far as the removal of the trees, the City has allowed the residents to remove trees on City owned property in the past as long as they sign a waiver. Since grading of the site will be done by a private individual, it is a requirement that an agreement be executed to allow the individual, Wade Tollberg of Tollberg Homes, LLC to remove the trees and grade the site. It has been common practice not to allow residents to use their own equipment on city owned property to make improvements but since the Parks Maintenance Department is very busy building and maintaining parks, staff is recommending approving the agreement. Staff will monitor the work being done and set the grades. The City will provide the topsoil and seed. No irrigation will be installed at this time. Mayor and Council Members May 17, 2016 Page 2 of 2 The Park and Recreation Commission have reviewed the request and are recommending approval. BUDGETIMPACT The will be no budget impact since the clearing of trees and grading will be done by Tollberg Homes, LLC and the topsoil and seed will be provided which is already available from Public Works. ACTION REQUIRED The City Council is requested to approve the improvements in Hickory Meadows Park and direct the City Administrator to execute the agreement on behalf of the City Council. Respectfully submitted, Todd J. Haas Cc: Sheila Tollefson, Resident of Hickory Meadows (copy sent by e- mail) Wade Tollberg, Tollberg Homes, LLC (copy sent by e- mail) Attachments: Agreety�ent between th City and To erg Homes JLLC E-mail from Hickory Meadows residents;✓3 photos of par Z: acilities Chart; Map of area RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement"), is made and entered into this _ day of , 2016, by and between the City of Andover, a municipal corporation, located at 1685 Crosstown Blvd., Andover, Minnesota 55304 ("Grantor"), and Tollberg Homes, LLC, a limited liability company under the laws of the State of Minnesota, 1428 5th Avenue, Anoka, Minnesota 55303 ("Grantee"). WHEREAS, Grantee wishes to enter in and upon certain real property owned by Grantor for the limited purpose stated below. WHEREAS, Grantor wishes to grant to Grantee a temporary license to enter in and upon its real property, subject to the conditions below. NOW THEREFORE, the parties agree as follows: I LICENSE TO ENTER. Grantor hereby grants to Grantee a temporary license to enter in and upon Grantor's property commonly known as Hickory Meadows Park, located at 300 144th Avenue NW, Andover, Minnesota 55304 (PIN: 25-32-24-42-0041) ("Property") for the limited purpose stated herein. 2. TERM. The term of this Agreement shall commence upon completion of the grading plan by the Grantor and notification of the same to Grantee ("Commencement Date"), and expire within three (3) weeks from the Commencement Date ("Term") unless otherwise terminated as provided herein. 3. USE OF THE PREMISES. Grantee agrees that its use of the Property will be for the purpose of removing trees and stumps, and regrading the Property, all under the direction of the Andover City Engineering Department ("Site Work"). Upon completion of the Site Work, Grantor will provide topsoil for the Property where said Site Work was performed. Grantee shall then provide and spread seed over the Property where said Site Work was performed, with the type of seed to be first determined and approved by Grantor. Grantee agrees to keep the Property in a neat and clean condition. 4. PROHIBITED USES OF THE PREMISES. Grantee shall not have the right to use the Property for any other purposes without the express written consent of the Grantor. Grantee shall abide by all applicable federal, state and local laws and ordinances. 5. HAZARDOUS WASTES. Grantee covenants that it shall not, at any time during the Term of this Agreement place, store, install upon, discharge, release or generate on, in or under the Property, or allow to escape from the Property, any pollutants or other toxic or hazardous substances, or containers or storage or processing facilities thereof (hereinafter collectively referred to as the "Hazardous Wastes"). 6. IMPROVEMENTS AND ALTERATIONS. Other than as outlined in this Agreement, Grantee will not make or permit anyone to make any alterations, decorations, additions or improvements, structural or otherwise, in or to the Property, without the prior written consent of Grantor. 7. ASSIGNMENT AND SUBLETTING. Grantee will not assign, transfer, mortgage or encumber this Agreement or permit occupancy or use of the Property, or any part thereof by any third party, without obtaining the prior written consent of Grantor; nor shall any assignment or transfer of this Agreement be effectuated by operation of law or otherwise without the prior written consent of Grantor. The consent by Grantor to any assignment shall not be construed as a waiver or release of Grantee from the terms of any covenant or obligation under this Agreement, nor shall any such assignment be construed to relieve Grantee from obtaining the consent in writing of Grantor to any further assignment or subletting. 8. INSURANCE. Prior to entering the Property, and during the term of this Agreement, Grantee shall, at its own expense, take out and keep in full force and effect such insurance as Grantor may from time to time request, including but not limited to, comprehensive general liability, motor vehicle liability, and environmental impairment. The policies shall have coverages in such amounts and be in such form as Grantor shall approve, shall name Grantor as an additional insured and may not be cancelled, terminated or materially changed without at least thirty (30) days prior notice to Grantor. Failure to obtain or maintain insurance as requested by Grantor is cause for immediate termination of this Agreement. 9. ASSUMPTION OF RISK. Grantee is fully aware of any and all potential dangers of working on and about the Property and knowingly and willingly assumes all risk of harm (e.g., injury to or death of persons and damage to or destruction of Grantee's property) that may occur while on and about the Property. 10. INDEMNIFIACTION. To the maximum extent permitted by law, Grantee shall save, hold harmless, indemnify and defend Grantor against all claims, demands, actions, suits, judgments, losses, damages (including, but not limited to, actual, compensatory, direct, consequential, punitive, and exemplary damages), expenses, penalties, fines, sanctions, court costs, litigation costs, and attorneys' fees (the "Claims") arising out of or relating to any destruction of or damage to any property or natural resource, any injury to or death of any person, or any environmental pollution or contamination whatsoever, where such destruction, damage, injury, death, pollution, or contamination actually or allegedly arises in whole or part from any action or omission of Grantee while on or about the Property. Grantor shall not be liable to Grantee, its agents, employees, representatives, customers, or invitees for any personal injury, death, or damage to property for any cause occurring on or about the Property. All property kept, stored, or maintained on the Property shall be so kept, stored, or maintained at the sole risk of Grantee and in a neat, clean and safe manner. Grantee's obligations hereunder shall survive the termination or expiration of this Agreement. 2 11. SURRENDER. On the last day of the Term of this Agreement, or on the sooner termination thereof, Grantee shall peaceably surrender the Premises in good condition and repair, reasonable wear and tear excepted. On or before the last day of the Term of this Agreement, or the sooner termination thereof, Grantee shall at its expense remove all of its property from the Premises, and any property not removed shall be deemed abandoned. The provisions of this section shall survive the termination of this Agreement. 12. DEFAULT. In the event Grantee violates or fails to perform any of the conditions, covenants or agreements herein made by Grantor, or shall violate or fail to obey any reasonable rules from time to time promulgated by Grantor, Grantor may, ten (10) days after written notice thereof to Grantee by Grantor, at the option of Grantor, terminate this Agreement and said notice shall operate as a notice to Grantee to quit (any further notice to quit, or of Grantor's intention to re-enter being hereby expressly waived) and Grantee shall immediately vacate the Property. 13. NON -WAIVER. The failure of the Grantor to insist, in any one or more instances, upon a strict performance of any of the terms, convents and conditions of this Agreement, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant or condition, but the same shall continue and remain in full force and effect. 14. WAIVER OF SUBROGATION. Grantor and Grantee hereby mutually waive, as against each other, any claim or cause of action for any loss, cost, damage, or expense as a result of the occurrence of perils covered by any applicable insurance policy then in effect and covering the Premises, and extended coverage endorsements. 15. MECHANIC'S LIENS. Grantee agrees to pay promptly for any authorized improvements made by Grantee to the Property. Grantee hereby covenants and agrees that Grantee will not permit or allow any mechanic or materialman's liens to be placed on the Property. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Property, Grantee shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 16. NO PARTNERSHIP, JOINT VENTURE, OR FIDUCIARY RELATIONSHIP CREATED HEREBY. Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between Grantor and Grantee. 17. MERE LICENSE. The license granted by this Agreement is a mere license to enter onto the Property for the specified purpose and does not create any estate or interest in the Property. 18. NOTICES. All communications, demands, notices, or objections permitted or required to be given or served under this Agreement shall be in writing and shall be deemed to have been duly given or served if delivered in person to the other party or its duly authorized agent or if deposited in the United States mail, postage prepaid, for mailing by 3 certified or registered mail, return receipt requested, and addressed to the other party to this Agreement, to the address set forth at the beginning of this Agreement, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change their address by giving notice in writing, stating their new address, to any other party as provided in the foregoing manner. Commencing on the tenth (10th) day after the giving of notice, the newly designated address shall be that party's address for the purpose of all cornmhnigations, demands, notices, or objections permitted or required to be given or served under this Agreement. 19. HEADINGS. Headings or title of the paragraphs and subparagraphs are inserted solely for the convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. Words of any gender used in this Agreement shall be held to include any other gender and words in the singular number shall be held to include the plural when the sense requires. 20. AMENDMENT, MODIFICATION OR WAIVER. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. 21. APPLICABLE LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 22. AUTHORITY. Grantor and Grantee each acknowledge and represent that it is duly organized, validly existing and in good standing and has all rights, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. If requested by Grantor, Grantee agrees to provide a signed and notarized Acknowledgment of Authorized Signature as a part of this Agreement, indicating that the person signing the Agreement is authorized by Tollberg Homes, LLC to bind said entity to this Agreement. 23. TERMINATION. This Agreement may be terminated by Grantor upon giving thirty (30) days written notice to Grantee. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. C! IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. GRANTOR: GRANTEE: City of Andover Tollberg Homes, LLC By: By: Its: Its: Dated: Dated: w From: Sheila Tollefson <sheilatollefson(c botmail com> Date: April 25, 2016 at 10:50:59 AM CDT To: "t.haas@andovermn.gov" <t.haas@andovennn ¢ov> Subject: Hickory Meadows To whom this may concern: N i *01ry 'Meadows Pattie i We are homeowners in the Hickory Meadows Development off of Prairie Road and Andover Blvd and we are looking to make an improvement to our park area. As of right now, we have a wonderful playground structure and a small patch of wooded area next to it. That area was mapped out for a basketball court and pavilion area and we were told its on the 5-10 year plan. In the past two years our development has become fully developed and we also have had it opened up to Catchers Creek Development. While it has been great having more families move in, it also has created a lot more traffic then anticipated. We have met with most of the families in our neighborhood and they all are in agreement on this proposal. We would like to make the future pavilion area useable now if possible. It would be the perfect place for the kids to run, play baseball, football and just have a nice wide open area! This would rr uq e trees to be removed and the area cleaned out and also seed/irrigation for area after WUaillIK a c,uL. rvrny nusnana ownsa home building company and would be appy o supply the bobcat work/hours needed to level out the area. This change would make the most use out of the land for the park, help the park be more visible to traffic and also not give the new homeowners reasons to believe that the trees would be there for the future as they were going to come down soon anyways. Our neighborhood already did a lot clean out last weekend and removed all the trash and tons of debris and fallen trees. Please consider doing this for our neighborhood as it will really make the most use of our park area!! Sincerely, Sheila Tollefson & Rachelle Fitzhenry Wade & Sheila Tollefson 290 144th Avenue NW Andover Andy & Rachelle Fitzhenry 14468 Evergreen Street Andover Sent from my iPhone t -rc f. 1 Rol f, •� •6 Fri 'moi i 1 1 j�. oil l9�AL i_.n/1 lit r., • � � i� +gid '�� •. �� f �;', ' �, .vl �_ + , , J 1L. SSSS�II i . i K � TW City of ANDOVER 2010 Existing and Future Park, Facilities Chart yrs .fes d= rAqage A95 !am QTY. DESCRIPTION UNIT PRICE TOTAL PRICE FUTURE FACILITIES TOTAL PRICE 85 'A DOVER.S 'TION NORTH BA` IfFIEVID FACI a M. Bellfield DeveloP979,075.63� 7-,� nn� ment & Construction w/ Irrigation $ 979,07 .82 Landscaping $ 5.000.00 Building w/ Restrooms, storage, concessions, etc.. 275.874.98 1 $ 2--.8 .98 Ballfield Lighting (east field) $ 76.000.00 Lighting of 2 Fields 273.463.31 $ 273,463.31 Medium Picnic Sheller wt Picnic Table and Grill $ 20,000.00 Bleachers 29.098.00 $ 29,098.00 Small Picnic Shelter w] Picnic Table and Grill $ 10,000.00 6 15' Players Bench Aluminum $ 1.800.00 Netting - Around Concession Area $ 10,000.00 T Pitching Rubbers — $ 165.00 Park Benches (6) $ 1.020.00 6 Foul Posts w/Flags $ 750-00 Dugout (3) $ 30.000.00 I Park Sign w/retaining wall block 1 $ 1.800.00 1/2 Basketball Court $ 15.000.00 Sign - Adopt -A -Park 4 Picnic Tables $ 25.00 FUTURE EQUIPMENT TOTAL $ 166.020.00 12' Concrete $ 3,600.00 13 Trash Cans $ 2,080.00 — 1 12' x 12' Irrigation Shad $ 7,500.00 I Sign - Handicap Parking $ 25.00 4 Sign - No Parking $ 100.00 I Sign - Overflow Parking $ 25.00 16 Bluebird Houses $ 320.00 1 266 lin ft 4' Fence for Sliding Hill $ 1.80 .00 2 Saddlemates $ 1.400.00 1 Swingset - 4 Place $ 1,800.00 1 6' Bench $ 260.00 I Spring Pad $ 1,200.00 I Tilted Sky Wheel $ 3.600.00 1 280 cu yds engineered wood fiber $ 5,400.00 1 38 fln ft 1' Concrete Border $ 900.00 1 145 lin ft 2' Concrete Border $ 700.00 1 9011n ft 3' Concrete Border $ 475.00 I GameTime Play Equip - MN]a �round $ 53,539.95 I Fence around playground $ 11,747.57 Scoreboards $ 7,600.00 1665,914.63 No Current Facilities Future Pa ans on $ 25,000.00 Iff l9ation 1/2 basketball court Small Picnic Shelter w/ Picnic Table & grill $ $ $ 5.000.00 15,000.00 10,000.00 FUTURE EQUIPMENT TOTAL $ 55,000.00 V7:"C- JIT N W -P 2 5 21 a c re s.kf 2 rink w/ fencing and lights 1 warming House $ 20, 00 00 .001 , Landscaelng — 1'$ , "" —2,500.00 1 $ 147.00 .001 167.00 .00 1 FUTURE EQUIPMENT 1 TOTAL 1 $ 2.500.0 3� EXHIBIT D Hickory Meadows Park * 14732 147 329 14744 14717 _ - 5 M 14704 95 ;.r m H�4'rw taoTe LN ^1:... _-..:1asiH iN 580 480 430 380 330 280 230 172 134 A O 541 14547 425 375 325 275 225 155 137 121 59 VER SLVO NW '-ANDOVER BLVD - --- -— - � <p t6 -- 11NOOVER BLVO N'N 477 453 429 393 369 345 144647215 191 14 /� 459 74 14153 14462 14424 14450 432 408 384 348 614 14427 i 423 399 375 1'4415 14396 38.0` 448 422 14378 14376 14366 14 14370 1-4346 3 444114438 192 14416 '4433 1'4'424 205 144Td A„Fw �320:�290 14393 _ =T4383 1436 1 65 14390 w 1'4365 3 190 ^R 14328 Q' 14367 17 14293 A. 14275 14315 1 334 `1'42M33 9 179 159 83- 09 579 199 -- - 14220 209 135 iJ^NM1 100 14212 219 14191 172 4279 239 , 269 14190 14183 83 114169 174157 14180 155 Date Created: April 27, 2016 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. ANDOVEA� 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 Administr, FROM: Michelle Hartner, Deputy City SUBJECT: Approve Used Vehicle Sales Business Licenses/3138-162nd Lane NW DATE: May 17, 2016 INTRODUCTION The following have applied for a Used Vehicle Sales Business License: Randy Christensen, Redline Automotive LLC DISCUSSION The applicant will be a tenant at the subject property and will operate a used vehicle sales business. The applicant is a state licensed used vehicle sales dealer. The appropriate application fee has been paid. A Condition Use Permit was approved at 3138 -162nd Lane NW on September 16, 2014. (See attached resolution R073-14) There is currently four other city licensed tenants at this property. ACTION REQUIRED The City Council is requested to approve the above license for the period May 18, 2016 through December 31, 2016. �Reses}peect�fu�llyy submitted, Michelle Hartner Deputy City Clerk Attach: License application Approved Resolution /DOVE"r6 ` ' ~r`a`t 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US Used Vehicle Sales Business License Application Required Documents: • Completed Application Form • Vehicle Sales License Fee: $105.00 • Copy of Current Photo Identification • Copy of State Dealers License Workers Compensation Form Completed Minnesota Vehicle Dealer License Commercial Location Checklist Property Lease Verification Person Applying For License: First Name Rrd J� Y Middle Name filan Last Name w � Home Address , v - - - -• •-� Home Phony _ ;usiness Phone %s9 -24 --al? Fax • w � Date of Birth. i _ �► Drivers License No. Property Owner Information: First Name Home Address Middle Name Last Name Home Phone Business Phone Fax Signature of Property Owner Date % If there are multiple prope owners attach complete information for each owner. If Business Information: ,. Business Name RG LWr jl� Irl �D i�'jo �1 �/rG L-44- Business .4GBusiness Address ?! 3 d 1624 leiy MV linhi 6& SS 3d b/ Minnesota Business ID No. 1 "1 % )-b��G�j State of Minnesota Dealership License No. 9T 3 �77 C% I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. The foregoing statements are true and correct to the best of my knowledge and belief and I understand that providing false, incomplete or inaccurate information may be cause for denial of my license. In addition, I understand the following: Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31St of each year. Payment of annual licensing fee shall be sufficient to renew license unless other action under the City Code is taken by the City. Lack of payment of annual licensing fee shall because for revocation of license. I understand that a background check will be conducted as a part of the application process. 2 o=/0/ Signature of/Applicant Date 4°F P� Driver and Vehicle Services 445 Minnesota Street, St. Paul, Minnesota 55101 s1goTTY: 651/282-6555 Webste:dv.dps.mn 3/17/2016 TEMPORARY DEALER LICENSE CERTIFICATE Dealer #: DT38779 Type: USED Expires: 6/17/2016 Owners/ WILLIAM LIND Officers RANDY CHRISTENSEN REDLINE AUTOMOTIVE LLC 3138 162ND LN NW STE 2 ANDOVER, MN 55304 Invalid without stare seal Makes: Bond Co: AUTO OWNERS INS CO Bond number: 66219570 Term: CONTIN ... .. .r+r..nx.r. ..*.... n ... nrr...r... ia. n .• .. .. n_ _... in wn wn. � REDLINE AUTOMOTIVE LLC AREA SP Alcohol 3138 162ND LN NW STE 2 Contact: RANDY and Gambling ANDOVER, MN 55304 Phone: 952-228-1298 Enforcement DT38779 Type: USED Bureau of Criminal Apprehension NOTICE: LICENSE CERTIFICATE ATTACHED BELOW Driver and Vehicle Services Dear Dealer: Emergency Communication You have been issued a temporary motor vehicle dealer license number DT38779. The temporary Networks license is valid for 90 days from the date of application; until 6/17/2016. We will need the following Homeland documents and/or information by 3/31/2016: NONE. Failure to submit the missing items) may Security and result in denial of the license application. Emergency Management Before the temporary license expires, a dealer examiner will call on you at your place of business Minnesota State Patrol during normal business hours. An inspection must occur prior to an approval of a license. The examiner will verify information provided by you on your license application forms, inspect your Office of Communications records and provide basic training in the areas of dealer licensing, vehicle transfer and registration procedures. After completion of the period of investigation and inspection the examiner will Office of Justice Programs recommend either granting or denial of a permanent license. False statements on an application or a gran g P PP � .f state business license are cause for immediate denial of the license. Office of Pipeline Safety Sincerely, Office Office / Traffic Safety C ' State Fire Marshall Dealer Licensing and Inspections Phone: (651) 201-7800 Fax: (651) 297-1480 MN STATUTES DO NOT PROVIDE FOR REFUNDS ON LICENSE AND PLATE FEES: ..........................Detach at Dotted Line ........................... TEMPORARY DEALER LICENSE CERTIFICATE Dealer #: DT38779 Type: USED Expires: 6/17/2016 Owners/ WILLIAM LIND Officers RANDY CHRISTENSEN REDLINE AUTOMOTIVE LLC 3138 162ND LN NW STE 2 ANDOVER, MN 55304 Invalid without stare seal Makes: Bond Co: AUTO OWNERS INS CO Bond number: 66219570 Term: CONTIN ... .. .r+r..nx.r. ..*.... n ... nrr...r... ia. n .• .. .. n_ _... in wn wn. � P4aEM.o.P� s MINNESOTA DEPARTMENT OF PUBLIC SAFETY WP � DRIVER AND VEHICLE SERVICES 445 Minnesota Street, Suite 186 OF YC�.�so Saint Paul, MN 55101-5186 Phone: (651) 201-7800 Fax: (651) 297-1480 Web: dvs.dps.mn.gov Email: DVS.DealerQuestion@state.mn.us DEALER NUMBER: DATE RECEIVED: COUNTY: AREA: INITIALS: Certification of Compliance with Minnesota Worker's Compensation Law This certification must accompany an application for a Minnesota Motor Vehicle Dealer's License Minnesota Statutes, section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant certifies that they are in compliance with the workers' compensation coverage requirements outlined in section 176. Failure to provide the following information or reporting false information will result in the denial of your license application. Providing false information may result in a $2,000 penalty. Insurance Information Name of Insurance Company (not Agent) Policy Number: Dates of Coverage: m / m / m to m / W / m Exemption I am not required to have workers' compensation liability coverage because (please check one): )!� have no employees f7 I am self-insured (attach permit to self insure) ( I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children) I certify that the information provided above is accurate and complete. I understand that if I have employees (who are not a spouse, parent, or child), valid workers' compensation policy will be kept in effect at all times as required by law Dealership Name: L,n� ✓>Ltnh LL li Street � / 3 ? /6Z//?J L /V City 41� (/t? y� State�Y-2/ Zip ®L Phone 15 Z 2-9" – 2'P— Print name of signer: G G�,r.r (signature of Owner/Officer) Date IF �,/�-- aEP OFPyQ,k MINNESOTA DEPARTMENT OF PUBLIC SAFETY DRIVER AND VEHICLE SERVICES 445 Minnesota Street, Suite 186 Saint Paul, MN 551015186 °Fp Phone: (651) 201-7800 Fax: (651) 297-1480 Web: dvs.dps.mn.gov Email: DVS.DealerQuestion@state.mn.us Minnesota Vehicle Dealer License — Commercial Location Checklist OFFICE USE ONLY print Form DEALER NUMBER: DATE RECEIVED: COUNTY: AREA: INITIALS: This checklist describes (check one): K Primary Location ❑ Additional Location (Attach a separate checklist for each location) Dealer Name: it G tLYJJ, j4/^ fQ1; 4 ?, L Dealer Number: R % 7j R'17 9 Street: ) I '� 1 I4 ) y?A 4141 �iA%ii � 2 -- City: State: r—— Zip Code: r r)3 County: 4 Commercial Building Requirement: New, Used, Salvage Pool, and Auctioneer Dealers must have a Commercial Building, which means a permanent, enclosed building that is on a permanent foundation and is connected to local sewer and water facilities or otherwise complies with local sanitation codes, is adapted to commercial use, and conforms to local government zoning requirements. (Minnesota Statutes, section 168.27 subdivision 1). Commercial Office Space Requirement: Lessors, Wholesalers, and Brokers must have at least a Commercial Office Space, which means a space occupying all or part of a commercial building. (Minnesota Statutes, section 168.27 subdivision 1). Instructions • Check the type of dealer's license that applies. • Answer T (True) or F (False) to each statement that applies to the license type you checked. • Dealership owner or officer must sign on reverse side of form. Check the license type that applies to you: ❑ NEW VUSED ❑ SALVAGE POOL ❑ ADDITIONAL LOCATION ❑ DSB T/F ❑ DISPLAY LOT - respond to statements 2, 7 & 8 only 1. The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. 2f . The dealer owns the above location or leases the location (minimum one-year lease required). Please attach proof of _7 ownership or Verification of Property Lease Form (PS2407)_ The dealership has a separate and identifiable entrance that leads to the outdoors (See definition of commercial building 3 above). May include a strip mall or commercial garage building. Other entrances that lead from other areas of the building must be closed and lockable (Commercial office space within a commercial building does not meet the statutory license requirement). 4 The public cannot access the dealership by entering through any other business or residence that is located in the same building as the dealership. 5 i The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance, and is designated for exclusive use of the dealership. 6• The dealership location has an address that is separate from any other address in the building. 7 The dealership has a display area, either indoors or outdoors, large enough to display at least 5 vehicles. This display area is designated for the exclusive use of the dealership and is distinguished from any other business' inventory. The dealership has a sign outside of the commercial building, in a public area that identifies the dealership. • The sign must be in letters that contrast sharply in color with the sign background. 8. • If the sign is on a commercial building or a display area, it must be readily legible during daylight hours from the (/! nearest road or street. • If the dealers display area is not adjacent to the dealer's commercial building, the sign at the display area must also indicate where the commercial building is located. 9. The dealership's normal business hours are conspicuously posted and readily viewable by the public. 10. Personnel or automatic telephone answering service is available during normal business hours. 11. –T The above location meets all local zoning requirements as indicated on the Zoning Verification Form (PS2421) Commercial Location Checklist Check the license type that applies to you: ❑ WHOLESALE LICENSE FJ LESSOR n BROKER TIF n AUCTIONEER TIF The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. The dealer owns the above location or leases the location (minimum one-year lease required). Please attach proof of ownership or Verification of Property Lease Form (PS2407). The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance and is designated for exclusive use of the dealership. Personnel or automatic telephone answering service is available during normal business hours. The above location meets all local zoning requirements as indicated on the Zoning Verification Form (PS2421). (Broker Only) The dealership has a sign, clearly identifying the broker by name and listing the business hours. The sign is posted in a location readily viewable by the public. (Lessor Only) The dealership's normal business hours are conspicuously posted and readily viewable by the public. n AUCTIONEER TIF LIMITED USED VEHICLE LICENSE T/F The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. The dealer owns the above location or leases the location (minimum one-year lease required). Please attach proof of ownership or Verification of Property Lease Form (PS2407). The dealership has a separate and identifiable entrance that leads to the outdoors or to a public area. The dealer may maintain other entrances to the dealership. Other entrances that lead from a commercial or residential space in the same building must be lockable and close the entire entrance. Shared office space, such as a reception area or secretary, does not qualify as a public area. The public cannot access the dealership by entering through any other business or residence that is located in the same building as the dealership. The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance and is designated for exclusive use of the dealership. The dealership location has an address that is separate from any other address in the building. The dealership's normal business hours are conspicuously posted and readily viewable by the public. Personnel or automatic telephone answering service is available during normal business hours. The above location meets all local zoning requirements as indicated on the Zoning Verification Form (PS2421). LIMITED USED VEHICLE LICENSE T/F This place of business meets all standards outlined above. I understand that any incorrect statement constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal. The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. The dealer owns the above location or leases the location (minimum one-year lease required). Please attach proof of ownership or Verification of Property Lease Form (PS2407). The dealership's normal business hours are conspicuously posted and readily viewable by the public. Personnel or automatic telephone answering service is available during normal business hours. This place of business meets all standards outlined above. I understand that any incorrect statement constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal. a MINNESOTA DEPARTMENT OF PUBLIC SAFETY DRIVER AND VEHICLE SERVICES 445 Minnesota Street, Suite 186 Saint Paul, MN 55101-5186 Phone: (651) 201-7800 Fax: (651) 297-1480 Web: dvs.dps.mn.gov Email: DVS.DealerQuestion@state.mn.us Verification of Property Lease OFFICE USE ONLY DEALER NUMBER: DATE RECEIVED: INITIALS: According to Minnesota Statue 168.27, Subd.10 -Place of Business, all licensees under this section (New, Used, Lessor, Wholesaler, Auction, Used Limited, DSB) shall have an established place of business, which shall include owned or a minimum lease term of one year by the licensee. Note. if Owned - Proof of Property Ownership is required. Example: Property Tax Statement. Name of Dealership: Ad Woe o e Ou b Ap k l e, State of Minnesota County of: (Owner of Property) that I am the owner of the property located at being first duly sworn, depose and say . _. , /� tin (Street Address) (City) and certify that I have leased the above property to 4�/_C /� Name of thtLOessee/Dealer Owr r o / ,? v from � � S`" (;;�i((,,,, (Ei adva pate) (Termination ate) X j W/- Signatur o Property wner t Date qMV:,Exft=31,2020 ELLE k HARTNER Notary' Public Minnesota Subscrjbed and sworn to before me this day of 20 %L. R NOTARY PU COUNTY: _A-AJ6 t<_, A— MY COMISSION EXPIRES: MICHELLE Notary PUM Mines"'. rrxrtfs t Exdr : ; , A- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R073-14 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AN INCREASE IN THE NUMBER OF USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has received approval of a conditional use permit to allow used vehicle sales on the subject property; and WHEREAS, Resolution R055-11 limited the number of used vehicle sales licenses to one license and limited the number of vehicles that could be displayed on the subject property to five vehicles; and WHEREAS, Resolution R042-12 limited the number of used vehicle sales licenses to five licenses and limited the number of vehicles that could be displayed on the subject property to twenty-five vehicles; and WHEREAS, the applicant has requested an amendment to the approved conditional use permit to allow for an additional two used vehicle sales licenses to be issued for the subject property; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall obtain approval of all additional vehicle sales licenses from the City Council as required by City Code 3-8. 2. There shall be no more than seven used vehicle dealer licenses allowed for the property. 3. All vehicle sales dealers licensed to operate on the subject property shall comply with all state requirements for motor vehicle dealers and must maintain current state and city licenses. ® 4. Each vehicle sales dealer shall be required to have at least five parking stalls for display, either indoors or outdoors. The display area is designated for the exclusive use of each dealership and shall be distinguished from any other business' inventory. XJ x H 5. The hours of operation shall be limited to Monday through Saturday between the hours of 6:00 am and 9:00 pm. 6. Any sign that no longer identifies a current business on the property must be removed within one month of the business vacating the property. Any vehicle that is not operable shall not be visible from public streets and shall not be stored outdoors for more than 48 hours. 8. Trash containers shall be screened, stored within an enclosure or stored inside a building as required by the City Code. 9. This resolution supersedes Resolution No. R042-12 adopted by the City Council on April 17, 2012. 10. The applicant shall provide or arrange for City access to the property for purposes of inspection upon request during normal business hours, and without unreasonable delay. 11. Customer parking on the site plan shall be the parking stalls along the west boundary along the westerly entrance. 12. Signage will be added that is visible from 162nd Lane that will meet with state dealer licensing requirements. Sign request will be made through a regular city sign permit request. 13. Warehouse building and entrances will be painted within one year from the date of Conditional Use Permit Approval. Adopted by the City Council of the City of Andover on this 16a' day of September, 2014. CITY OF ANDOVER ATTEST: chael R. Ga ache, Mayor Michelle Hartner, Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Appointment — Parks Maintenance Supervisor DATE: May 17, 2016 Due to the retirement of Kevin Starr on February 29h, the Public Works Parks department had an opening for a Parks Maintenance Supervisor. The Human Resources Department completed and offered the position to Jeremy Johnson, Parks Maintenance Leadman on April 6, 2016. On May 3, 2016, Jeremy requested to return to his previous position, in accordance with City policies. Human Resources is now requesting to hire the other finalist for the Parks Maintenance Supervisor position. DISCUSSION The initial interview team consisted of the City Administrator, the Director of Public Works/Engineering, and the Human Resources Manager. There were 32 applications submitted and 6 applicants were interviewed. The finalists then met one on one with the City Administrator and the Director of Public Works/Engineering. The interview team recommends hiring the other finalist for the position, Jason Grode. Jason has a 4 year degree in Agriculture Production Systems with a major in Social Science (Turf Management Specialization) from the University of Wisconsin -Madison. In addition, Jason has a Master's of Science degree in Infrastructure Systems Engineering. Jason has been working in golf course maintenance and landcare maintenance for the past 14 years, most recently as a Landcare Supervisor at the University of Minnesota — Twin Cities Campus BUDGETIMPACT Mr. Grode has been offered $67,645 annually, which is the 2016 Step 2 salary, and then would be eligible for any general increases and annual Step Increases after successful completion of his 6 -month probationary period. ACTION REQUESTED The Council is requested to appoint Jason Grode as the new Parks Maintenance Supervisor in the Parks Department. Respectfully submitted, Dana Makinen °`•,--.. ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Resolution Authorizing the City of Andover to enter into a Master Subscriber Agreement for Minnesota Court Data Services DATE: May 17, 2016 INTRODUCTION The City Attorney, through the City of Andover, is eligible to use systems and tools available through Minnesota Court Data Services promoting a more efficient court process with the Minnesota Judicial Branch. The State requires that the City enter into a Master Agreement for Minnesota Court Services. DISCUSSION Historically the City Administrator has signed off on the authorization for the City Attorney, this year after submitting the Master Subscriber Agreement signed by the City Administrator authorizing the City Attorney to have access to court documents for prosecution services, we were informed that the State is now requiring a Resolution that authorizes the City Administrator to sign the Master Subscriber Agreement documents on behalf of the City. Attached, please find a Resolution approving, authorizing and ratifying the City Administrator's signature on the Master Subscriber Agreement from April 251h City Administration and the City Attorney are recommending approval of the attached resolution and JPA. ACTION REQUESTED The City Council is requested to approve the attached Resolution Authorizing the City of Andover to enter into a Master Subscriber Agreement for Minnesota Court Data Services. )miffed, Zesolution & Master Subscriber Agreement CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. AUTHORIZING THE CITY OF ANDOVER TO ENTERINTO AMASTERAGREEMENT FOR MINNESOTA COURT DATA SERVICES WHEREAS, the City of Andover desires to improve efficiencies through participating in more efficient court process with the Minnesota Judicial Branch; and, WHEREAS, as the Minnesota Judicial Branch moves towards a more efficient court process, the eCourtMN initiative is committed to ensuring that non -court governmental agencies have appropriate access to court records and documents; and, WHEREAS, the City of Andover desires to subscribe to Minnesota Court Data Services Program. NOW, THEREFORE, BE IT RESOLVED that the Members of the City Council of the City of Andover approve, authorize, and ratify the signing of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies by James Dickinson, City Administrator, signed on April 25, 2016. Adopted by the Andover City Council on the 17th day of May 2016. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between The City of Andover (Government Subscriber Name) of 1685 Crosstwon Blvd., Andover, MN 55304 (Government Subscriber Address) (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's "Legitimate Governmental Business Need" as defined herein. Amement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 1 of 14 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Agency Account Manager" means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber's Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber's Individual Users and steps taken to remedy violations to the Court. 2.2 "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.nmeourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein. 2.2.2 "Court Integration Services" means pre -defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre -determined events, as described in applicable Policies & Notices and materials referenced therein. 2.2.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 2 of 14 Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. 2.3 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 "Court Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.1 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.2 "Court Confidential Case Information" means any information in the Court Records (including Court Documents) that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.3 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.4 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.5.5 "Court Documents" means electronic images of documents that are part of or included in a court file. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 3 of 14 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement (Exhibit A). 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart, which is posted on the Policies & Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 4 of 14 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services and Court Records (including Court Documents) necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non -official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non -official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 5 of 14 Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the User Acknowledgment Form (Exhibit A) before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 6 of 14 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services and Court Records (including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6. 1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 7 of 14 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." 8.4 Restrictions on Duplication, Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 8 of 14 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies — Revised September 29, 2015 Page 9 of 14 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 10 of 14 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber's failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 11 of 14 funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 12 of 14 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Page 13 of 14 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity ("Master Subscriber Agreement Signing Authority"), suc as a council resolution, board auth n or legally binding decision a attach same as Exhibit B. By By (SIGNATURE) (SIGNATURE) Date S _ [ (, Date Name (typed) James Dickinson Title City Administrator Title CIO/Director Information Technology Division of State Court Office City of Andover Office Administration 3 Form and execution approved for Court by: By: (SIGNATURE) Title: Staff Attorney - Legal Counsel Division Date: Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies — Revised September 29, 2015 Page 14 of 14 User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the "Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. 1, . as an employee/student attorney/contractor of following: ("the Agency"), state the 1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2. I understand that I am not to share my login and password information. 3. I shall access and use the Court Records and Court Documents provided for only "legitimate governmental business needs." I understand a "legitimate governmental business need" is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4. I shall not access or use Court Records or Court Documents for personal or non -official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5. I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6. I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7. I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8. I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: IM Employee/Student Attorney/Contractor for Agency Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015 Exhibit A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director �6 SUBJECT: Approve Funds Transfer and Budget Amendments — Trail and Transportation Capital Projects Fund (CPF) DATE: May 17, 2016 INTRODUCTION At the October 27`h and November 24`h workshops, Council discussed transferring $450,000 from the General Fund to the Trail and Transportation CPF for the construction of trail segments. DISCUSSION During the 2016 budget development process, an emphasis was placed on trail segments and connections. City Council had been investigating other ways to fund trail projects since there is a shortage of funds in the Trail and Transportation CPF. The first transfer was approved on December 1, 2015 in the amount of $200,000. This subsequent transfer request will allocate the remaining $250,000 from the General Fund to the Trail and Transportation CPF to provide a one-time infusion of funds for the construction of trail segments and connections. The General Fund is able to allocate these funds due to revenues exceeding expenditures over the past few years. BUDGETIMPACT This transfer will expedite the construction of trail segments and connections. Budget amendments will also be made to the adopted budgets of the General Fund making the transfer and the Trail and Transportation CPF receiving the funds. ACTION REQUESTED The. Andover City Council is requested to approve the aforementioned transfer and corresponding budget amendments. Respectfully submitted, Lee Brezinka C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Fee Schedule Changes — Solar PV Installation Electrical Inspection Fees DATE: May 17, 2016 INTRODUCTION The State Board of Electricity has implemented a new fee schedule for installation of photovoltaic [PV] electrical systems. That fee schedule is rather coincidental to City adoption of zoning code amendments providing for PV systems. The City has previously adopted an electrical permit fee schedule that parallels the State fee schedule for electrical permits, and this amendment is to match the State fee schedule for PV system permits and inspections. DISCUSSION With technological advances in PV power generation and storage, it is expected that the number of installations will significantly increase. Installations may be either roof or ground mounted. The fee schedule is based on the total estimated A/C energy output of the system. Most systems will be residential and will be around 20,000 watts, with a corresponding permit fee between $150 and $200. The typical system will require three inspections at $45.00 per inspection plus administrative costs, so the State PV fee schedule appears to be fair and commensurate to services. BUDGETIMPACT Rather than calculating PV permit and inspection fees by the number of components, circuits, panels, etc., this recommended fee schedule covers the entire installation with a single flat fee. Any increase in revenue will likely be negligible and thre are no expenditure increases expected. ACTION REQUESTED The Andover City Council is requested to approve this amendment to the City Fee Schedule to include electrical permit and inspection fees for Photovoltaic [PV] systems. Respectfully submitted, Lee Brezinka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINACE AMENDING THE CITY CODE TITLE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1-7-3 is hereby amended as follows: Electrical Permit Fee Schedule: Solar PV Installation Electrical Inspection Fees The following electrical inspection fees are applicable to solar PV systems and installations: (a) The inspection fee for the installation of solar PV systems, is (1) 0 watts to and including 5,000 watts $60 (2) 5,001 watts to and including 10,000 watts $100 (3) 10,001 watts to and including 20,000 watts $150 (4) 20,001 watts to and including 30,000 watts $200 (5) 30,001 watts to and including 40,000 watts $250 (6) 40,001 watts to and including 1,000,000 watts $250 and $25 for each additional 10,000 watts over 40,000 watts (7) 1,000,000 watts to 5,000,000 watts $2,650 and $15 for each additional 10,000 watts over 1,000,000 watts (8) 5,000,000 watts and larger $8,650 and $10 for each additional 10,000 watts over 5,000,000 watts. (b) For the purpose of paragraph (a), the watt rating is the total estimated alternating current (ac) energy output of the solar system. The total do energy output is not used. (c) The solar PV inspection fees shall include inverters, modules, panels, combiners, converters, charge controllers, disconnecting means and electrical conductors between the inverter and the ac panelboard for stand-alone solar PV systems, or the conductors between the inverter and the service equipment or other power production, distribution and utilization system, such as a utility system and its connected loads, that is external to and not controlled by the solar PV power system. (d) In addition to the inspection fees in (a), additional inspection fees may be applicable on large-scale projects for the inspection of additional electrical infrastructure between the inverter output circuit and the electrical production and distribution network. The inspection fees shall be calculated according to Minnesota Statutes 326B.37,subdivisions 2, 3, 4, and 6, paragraphs (d), (f), (j), and (k). (e) When a plan review is required or performed the plan review fee is $80 per hour. Adopted by the City Council of the City of Andover on this Attest: CITY OF ANDOVER Michelle Hartner-Deputy City Clerk Julie Trude -Mayor 1685 C TO: CC: FROM: SUBJECT: DATE: Y 0 F O j= 1 L, F� BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Mayor and Councilmembers Jim Dickinson, City Administrat Commander Kevin Halweg - Anoka County Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff May 17, 2016 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office CITY OF ANDOVER APRIL 2016 no I Ma I.- p .�� .p3 Calls For Service * 1,082 1,150 4,328 NA** Burglaries 0 2 6 14 Thefts 19 37 101 149 Crim Sex Conduct 2 1 7 10 Assault 6 3 12 11 Drugs** - Citations - Arrests 9 9 34 134 8 1 0 9 14 20 -- Damage to Property 8 5 20 48 Harass Comm 2 2 12 22 Felony Arrests 2 8 20 19 Gross Misd Arrests 1 0 2 8 Misd Arrests 24 27 79 126 DUI Arrests 4 **** 4**** 17 16*** Domestic Arrests 3 2 9 7 Warrant Arrests 14 5 35 17 Traffic Arrests NA*** NA*** NA*** 761 * Calls for Service are not available for 2015 ** Addition of Drug item July 2015. *** Traffic Arrests are not downloading into the RMS database at this time. ****Indicates at least 1 Underage Drinking & Driving arrest. ni ii CIFFFNCFC• DAY OF I Sunday Monday Tuesday Wednesday Thursday Friday Saturday 11 WEEK: TIME 01:50**** 23:55 01:03**** 11:55 CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS APRIL 2016 AMN WENNEVEMNEW t A� rl; =6; Zh-= =6 p tM Calls For Service 87 104 344 352 Accident Assist 4 7 36 29 Vehicle Lock Out 9 13 46 73 Extra Patrol 332 112 641 579 House Check 0 0 0 0 Business Check 0 17 28 32 Animal Complaints 23 30 76 77 Traffic Assist 4 2 13 13 Aids: Agency 49 47 163 147 Aids: Public 34 36 117 87 Paper Service 0 0 0 1 Inspections 1 0 1 0 Ordinance Violations 3 6 23 14 Laura Landes 763-767-4664 Iaura.landes@co.anoka.mn.us www.anokacounly.us/crimewatch Andover Activity - April Friday Updates: Investigator Insight Topics Thefts by Guests During Parties Counterfeit Scam Thefts from Boats Craig's List Incidents US Bank Scam • Andover Resident Car Seat Checks —11 • Vacation Check Requests — 4 • 2"d Quarter Andover Park Report Training: Webinar: Transporting Kids Safely in RV's/2016 Car Seat Technical Issues Projects: Mayor's Prayer Breakfast, Safety Camp, Night to Unite, Minnesota Crime Prevention Twins Trading Cards, Andover Cars Seat Clinic, Heart Safe Articles: Garage Sale Car Seats, Safety Camp, Bike Helmet Clinics, Andover Community Resource Guide 2016-2017 04.01.16 Attended Youth First Community of Promise: Mayor's Prayer Breakfast 04.01.16 Resident Request: Concerns over Suspicious Activity 04.01.16 Resident Request: Reckless Neighborhood Driver 04.04.16 Resident Request: Bow Fishing Question 04.05.16 Associate Planner: Ordinance Violation/Semi Parked Illegally 04.05.16 Resident Request: Contacted a Peddler over a Resident Concern 04.16.16 Attended the Anoka County Detectives Meeting 04.11.16 Resident Request: Dispelled Safety Concerns regarding a Robbery Suspect x10 04.11.16 Contacted County Highway with Andover Fun Fest Traffic Detours 04.12.16 Hosted the Andover Car Seat Clinic 04.12.16 Resident Request: Resourced a Car Seat for a Special Needs resident 04.12.16 Attended the Heart Safe Training at Andover High School 04.13.16 Resident Request: Problem/Go-Carts in the Neighborhood 04.14.16 Hosted the Night to Unite Kick -Off Breakfast for the MN Crime Prevention Association 04.15.16 Resident Request: Resourced free Bike Helmets for Family Laura Landes 763-767-4664 Iaura.landes0co.anoka.mn.us www.anokacounty.us/crimewatch 04.15.16 Associate Planner: License checks for Expired Registrations 04.15.16 Resident Request: Scholarships for Safety Camp 04.18.16 Resident Request: Community Service Officer 04.18.16 Associate Planner: RV License Checks 04.25.16 Resident Request: Assistance with a US Bank Scam 04.25.16 Neighborhood Crime Watch Group: Soliciting for a New Block Captain due to a Move 04.27.16 Heart Safe Presentation: Andover High School 04.28.16 Andover PTO: Assistance with Bringing Internet Safety/App Education Training 04.29.16 Resident Request: Inquiry on suspicious IRS calls 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: 2015 Audit Presentation — Redpath and Company, Ltd. DATE: May 17, 2016 INTRODUCTION Peggy Moeller, CPA, an Audit Partner with the City's auditing firm, Redpath and.Company, Ltd., will be providing a presentation to the City Council related to the City of Andover Comprehensive Annual Financial Report (CAFR) as of December 31, 2015 and the corresponding Management Report. A December 31, 2015 CAFR, the corresponding Management Report, report on internal controls, independent auditor's report, report on legal compliance and a communication with those charged with governance will be handed out prior to the meeting and will be the basis of Ms. Moeller's presentation. DISCUSSION The City is required to have an independent audit conducted annually. The 2015 Audit was conducted throughout the months of January, February, March and April. The Finance Staff was very involved in the audit process and enjoyed our excellent working relationship with Redpath and Company, Ltd. Ms. Moeller's presentation will touch on the highlights of the City's finances and provide suggestions for improvement on reporting and internal controls. Of significant importance to the Council is that the City received an "unqualified opinion". BUDGETIMPACT No budget impact; the presentation, financial report, corresponding management report, report on internal controls, independent auditor's report, report on legal compliance and a communication with those charged with governance are provided as informational ACTION REQUIRED The Andover City Council is requested to receive a presentation from Redpath and Company, Ltd. and receive the City of Andover CAFR as of December 31, 2015, the corresponding Management Report, report on internal controls, independent auditor's report, report on legal compliance and a communication with those charged with governance. Respectfully submitted, � Lee Brezinka 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 L. Carlberg, Community Deve p ent Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Public Hearing - Vacation of Drainage and Utility Easement — 2323 1491h Avenue NW — Chris and Lisa Scott - Planning DATE: May 17, 2016 INTRODUCTION The property owner is seeking to vacate twenty (20) feet of the existing rear yard drainage and utility easement across parts of the residential lot located within the Woodland Estates subdivision. The location of the vacation is attached as Exhibit B in the resolution. DISCUSSION The property owner is requesting the vacation of easement to increase the usable area in the rear yard for the installation of an in -ground pool that will be constructed this spring. There is an existing storm sewer pipe within the easement area that will be vacated. The property owner proposes to relocate and construct the storm sewer pipe and add a manhole where the pipe will angle to the north of the existing pipe (Exhibit D). A new twenty (20) foot easement will be dedicated over the new pipe location (Exhibit Q. The property owner and engineering staff have been working together on the proposal. Engineering staff determined the relocation of the pipe will not hinder storm water runoff and there will be no changes to the pre to post runoff; therefore, finds the proposal 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 Map Res ectfull sue d, Stepan L. City Planner Cc: Chris & Lisa Scott, 2323 149th Avenue 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 2323 149" AVENUE NW, LOT 9, BLOCK 3, WOODLAND ESTATES, LEGALLY DESCRIBED IN EXHIBIT A AND SHOWN IN EXHIBIT B. 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 17th day of May, 2016 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. The property owner shall dedicate to the City a twenty (20) foot drainage and utility easement over the proposed location of the storm water pipe and manhole as depicted on Exhibit C. 3. The property owner shall retain a contractor to remove the existing storm sewer pipe and install a new storm sewer pipe and manhole as depicted on Exhibit D. The storm sewer pipe and manhole shall be installed in accordance with City of Andover specifications and regulations, and be inspected and approved by City Staff. CITY OF ANDOVER Julie Trude, Mayor Michelle Harmer, Deputy City Clerk EXHIBIT A That utility and drainage easement that encumbers Lot 9, Block 3, WOODLAND ESTATES, Anoka County, Minnesota, according to the recorded plat thereof, which lies northerly of the following described "Line C"; lying southerly of a line 10.00 feet south of and parallel with the following described "Line B"; lying west of the east 58.81 feet of said Lot 9; east of the west 5.00 feet of said Lot 9 and southeasterly and southerly of the following described line and its extensions. Commencing at the southeast corner of said Lot 9; thence North 72 degrees 44 minutes 39 seconds East, assumed bearing along the southerly line of said Lot 8, Block 3, a distance of 30.35 feet; thence North 01 degrees 03 degrees 53 minutes West a distance of 64.50 feet; thence North 40 degrees I 1 minutes 19 seconds West, a distance of 100.05 feet to the point of beginning of the line to be described; thence South 36 degrees 26 minutes 16 seconds West a distance of 59.45 feet; thence North 63 degrees 25 minutes 03 seconds West a distance of 18.73 to the intersection with a line 10.00 feet south of and parallel with said "Line B" and said line there terminating. "Line C" is described as follows: Commencing at the southwest corner of said Lot 9; thence North 14 degrees 34 minutes 34 seconds East, assumed bearing along the west line of said Lot 9 a distance of 131.59 feet to a point hereinafter referred to as "Point A" and the point of beginning of said "Line C", thence South 63 degrees 25 minutes 03 seconds East a distance of 50.20 feet; thence South 36 degrees 31 minutes 51 seconds East a distance of 72.27 feet and said "Line C" there terminating. "Line B" is described as follows: Commencing at said "Point A"; thence North 14 degrees 34 minutes 34 seconds East along said west line of Lot 9 a distance of 14.03 feet to the point of beginning of said "Line B"; thence North 88 degrees 31 minutes 11 seconds East a distance of 63.29 feet and said "Line B" there terminating. GAPLANNING\Vacation of Easement\2016\2323 149th Ave NW\4019 01 Easement Vacation Description.docx Denotes Utility and Drainage Easement to be vacated Area of utility and drainage Easement to be vacated = 1,159 sq. ft. or 0.027 acres ADDRESS OF PROPERTY: 2323 149th Avenue NW PID: 22-32-24-33-0031 30 \ Southwest corner of Lot 9 sal. r- ao' ,NestPain( A.. fine of Lot \\ 131.59 \\ 1 10 0 Drainage & Utility Easement ry/n rye Par plat of WOODLAND ASTATES I � 9 z I sC �\ / 1 6��y ti9 S� I � / West line of the / East 56.81 feet \\ /' of Lot 9 f` m m Drainage & Utility Easement -n per plat of WOODLAND ESTATES T VA 1 /,V __—Southeast corner of Lot 9 5 ,p0 % Z •\ Z / V / S�-6— N01'03' — 255.73 East line of Lot 9 S03'21'22"E I '-IHakanson Easement Vacation Exhibit a ndersan for Chris & Lisa Scott 1 Easement Vacation Exhibit PROPOSED DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED' That utility and drainage easement that encumbers Lot 9, Block 3, WOODLAND ESTATES, Anoka County, Minnesota, according to the recorded plot thereof, which lies northerly of the following described 'Line C'; lying southerly of a line 10.00 feet south of and parallel with the following described 'Line B^, lying west of the east 58.81 feat of said Lot 9: east of the west 5.00 feet of sold Lot 9 and southeasterly and southerly of the following described line and its extensions. Commencing at the southeast corner of said Lot 9; thence North 72 degrees 44 minutes 39 seconds East, assumed bearing along the southerly line of sold Lot 8, Block 3, a distance of 30.35 feet; thence North 01 degrees 03 degrees 53 minutes West a distance of 64.50 feet; thence North 40 degrees 11 minutes 19 seconds West, a distance of 100.05 feet to the point of beginning of the line to be described; thence South 36 degrees 26 minutes 16 seconds West a distance of 59.45 feet; thence North 63 degrees 25 minutes 03 seconds West a distance of 18.73 to the intersection with a line 10.00 feet south of and parallel with said 'Line B" and said line there terminating. 'Line C" is described as follows: / Commencing at the southwest corner of said Lot 9; thence North 14 degrees 34 minutes 34 seconds East, assumed bearing / along the west line of said Lot 9 a distance of 131.59 feel to a point hereinafter referred to as 'Point A" and the point of beginning of said 'Line C", thence South 63 degrees 25 minutes 03 seconds East a distance of 50.20 feet; thence South 36 degrees 31 minutes 51 seconds East a distance of 72.27 feet and sold 'Line C" there terminating. 'Line B" is described as follows: Commencing at said 'Point A'; thence North 14 degrees 34 minutes 34 seconds East along said west line of Lot 9 o his 14:3q'3q of 14.03 feet to the paint of beginning of said 'Line B'; thence North 88 degrees 31 minutes 11 seconds East a distan / ., E 29,3 63.29 feet and said 'Line B" there terminating. 44 \ 10 10 N63'25'03"W ii I 10 8.73 I so Drainage & Utility Easement �5 5 per Go plat of WOODLAND ESTATESI py Go qL; \`` 1 I Oj j n 10 \ ,9� _ _ -------_ 5 ,p0 % Z •\ Z / V / S�-6— N01'03' — 255.73 East line of Lot 9 S03'21'22"E I '-IHakanson Easement Vacation Exhibit a ndersan for Chris & Lisa Scott 1 ►` Easement Exhibit Denotes Utility and Drainage ry Ease' nt—F-I-�� PROPOSED EASEMENT DESCRIPTION' $eok Area of utility and drainage Easement A 20.00 foot wide permanent easement for utility and drainage purposes, over, under and across that part of Let = 1,162 sq. ft. or 0.027 acres 9, Block 3, WOODLAND ESTATES, Anoka County Minnesota. The centerline of said easement Is described as follows: Commencing at the southwest corner of sold Lot 9; thence North 14 degrees 34 minutes 34 seconds East, ADDRESS OF PROPERTY: 2323 149th Avenue NW assumed bearing along the west line of said Lot 9 a distance of 145.62 feet to the point of beginning of the PID: 22-32-24-33-0031 centerline to be described; thence North 88 degrees 31 minutes 11 seconds East a distance of 63.29 feet to the intersection with 'Line D" and said centerline there terminating. EXCEPT 0 --Southwest corner of Lot 9 I / � \ The west 5.00 feet of said Lo[ 9. 30 _q 9 / 'Line D" is described as follows: ii Of Let `����` lng said thence North seconds East, 430.35 minutes 3t 75e6211ne y o Ir g-�\ / / alongsoutheast beaMgthe assumed southerly line ofsaid Lot 8, Block 3. a7distancedegrees of feet; thence Nort 0l i\ I degrees 03 minutes 53 seconds West a distance of 64.50 feet; thence North 40 degrees 11 minutes 19 seconds I� ` � ` I / It IV West, distance feet to the point of beginning sold 'Line D" be described; thence South 36 16 10 I � \ ` / / s es sec degrees 26 minutes 16 seconds West a distance of 59.45 feet and said 'Line D" there terminating. feet 'tine _ ` ` / N7434, The sidelines of said easement are to be prolonged or shortened to terminale on said 'Line D" and the east line 2934 3.44 of the west 5.00 feet of said Lot 9. mo Drainage &Utility Easement on--Drainage 20 \ plat of WOODLAND ASTATES / It It n / 11 70 I Q D ;; I to 10 Drainage & Utility Easement I W 1 \ / E° lig I �`s2 e3, per plat of WOODLAND ESTATES a1 0 aj °"goo" \ / O 1 �pr-�1 G '°a `v� It M it `\ `I`` y 0009 0l �i�v N I96110 N Southeast comer of L. 9 _ 255.73 East line of Let 9 S03'21'22E I 3D g m / � = baso Noro3's3"w _yr Rewi- roreey [aN" uel II,'s -1. °nn °r ,In w wew. Easement Exhibit yQr a hHakanson ,,,Anderson I for t 0lie. anrne ° w� i -NW iu�if Chris & Lisa Scott 1 v1p:15 Cbne° R. Lnrb1°{I,gon. 11H V nu Na. IM30 aM° MW 04/27/16 IR XP g19.a1 e. 2011 - ►` Site Survey 1 TDA 2 i aeo.52 890.47 S83'50'08"E 69.39 Chris Hca Lisa Scott o"&2°a ;- / 88860 X 809.71 1 5/ NOTES: iv v 03 f / 9a ad f 5 �` B86.04 XI X 885.9) 1. In providing this survey no attempt has been Xaee.72�,� made to obtain or show data concerning existence, siie, depth, a8X ��.IE-�p Q1 Q7 30" X879.38 condition, capacity or location of any utility existing on the site, whether private, municipal or / xeee.a9 public owned. 2. Easements depicted per record plat of WOODLAND ESTATES. The professional surveyor has made investigation X898.25 / 885.19X 884.23X no or Independent search for additional easements of record, encumbrance, restrictive / covenants, ownership title evidence, or any other facts that an8e7.67X accurate and current title search may disclose. / / Xee7.z1 Xeea.D6 w 3. Square footage of lot is 31,150 sq. it or 0.72 acres. X 879.T! 4. This lot is In Section 22 Township 32 Range 24 ;`7 r•'j /Ln Ed f d :� INCH = 30 FEET GOPHER, STATE ONE cALL cuL BEFORE you DIG a+,ewwe�m.9.,lai..,w a ... area Cq o Proposed Manhole �� , ��' `� 1 eeeaox t \ ee8.J3X 887.74 n %9e:e5 \ / S6J2 / B88.04X X 887.4 f a BBJ.28 X / 886.02 *- fi Rock Wall ' 1 ,.n 7 ILa =/ 98.96: 1/ %- 9 m 0 0� / / f 895.29 879.94„ .. 878.8. 16 y. 63 881.60 Propo5ed Location o x X 979.44 680.86 X Ba5.28 862'68 676.62 ABY+ I 98592 ry �.�..y� Deck (abeva) �is6ng Location age & utility Easement-' -- NAz 44�39'E vE N w L=113.90 R=240.00 A=27'11'27° LEGEND w = n-4so es4 -u- u Cn 0 CD W CL. W O O _9 O .85 {9a"E51" \ 88 4, 87896 b8a4t4p\Xt`I c883.23 83.00� Rok WNL a8X ��.IE-�p Q1 Q7 30" X879.38 83.09 9tC 881.95 881.90 876.91X X \ 878.18 ng nce X 891.51 X 879.T! F \ 878.78 X 891 .94 883.50 15' RCP IE -879.97 X 88Z 4 X 878.94 \ A XSS%e0 a 9 884.14 \ e 883.02 lir v BB5. � �8B-X\ , i 868.65X y � O 6Be.84 age & utility Easement-' -- NAz 44�39'E vE N w L=113.90 R=240.00 A=27'11'27° LEGEND w = n-4so es4 -u- u Cn 0 CD W CL. W O O _9 O AN� ER Location Ma - 2323 149th Ave NW �rts,«e,.tr�fr 15200 a,F 15210 i 15205 M° ° A,q� OlV° N W 1519.7 15183 1'5229 2236 2208 2162 2118 2088.2060 2032 15211 N 15193 2349 2307 2279 2251 2223 _2179 2135 2105 20175.2047 2019 15211 178_i, 15186,P115f60 z 2354 15143 2236 72144---�72151.402 2363 2273 2237 15130 2I A _ _ 15127 1901 .1853 233\12272 2236 31'5089 1'507x9 2239 2169 2119 2063'2035 15074 15048 _ �P 15058'^ cafe._ nc 15056 15055150T LN NW SOTN IN6� -15035 31'5043 ; 15042 2162 2126 15040 2038 15020-26.. 15024`; 1'503 1,5026 2333' 2289 '15021 2119 15072 15026 >15014 21155 1.4995 14986- 'sutNnvENw N p 1'4974 2342 2304 2266 2226VE"I° 1501"AV,NW 2100 1'4970 1900 1.49G2 2156 O 1'4955 1494814941 2291 2255 2215 2097 y'4939.0 14936 2323 2121 14925 14921 L3149 I3 14926 9 ,VfNW 2244 1�J1z 14916 2338 2288 ^ 1A9TNNVf 2094 N 2178 2142 2058 gVENW 2034 014905 C 0 2575 2115 1969 1919 1900 2560 2275 IBili qVE Nw Date Created: May 11, 2016 Disclaimer. • The provider makes no representation or warranties with respect to the reuse of this data. C I T Y O F *Q ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Councilmembers CC: FROM: SUBJECT DATE: Jim Dickinson, City Administra David L. Carlberg, Community Stephanie L. Hanson, City Plam actor Accept Dedication of Drainage and Utility Easement — 2323 149th Avenue NW — Chris and Lisa Scott- Planning May 17, 2016 DISCUSSION As part of the vacation of easement, the property owner is required to convey a twenty (20) foot drainage and utility easement in the location of the proposed storm sewer pipe and manhole. The Engineering Department reviewed and approved the location of the proposed drainage and utility easement. ACTION REQUIRED The City Council is requested to accept the dedication of the drainage and utility easement as described in the attached conveyance document. Attachments Location Map Conveyance of Permanent Drainage and Utility Easement Respectfully Subm Stephanie L. Hanson City Planner Cc: Chris and Lisa Scott, 2323 1491h Ave NW, Andover, MN 55304 AN,T,DJVE R Location Map - 2323 149th Ave NW 15210 115200 15205 yFM�PLAL BLVD NW C 1519.7 1 L 15229 2236 N � � 5183 2208 2162 2118 2088 2060 2032 15211 1'5193 15211 178.,1 2349 2307 2279 22512 2174 2135 2105 2075 2047 2019 15180 15160 r �15159 1'5 T43 W � 2354 2236 2182 2144 351'40 2363 2273 2237 L21'69 15130 a4 2284 15127 1901 '113:1:3 235$ 2332 2272 2236]—]f2174 ;1'5089 15079 J 2239 2169206T2033 - 507,j 2035 15074 15048 2119 2063 ' �= 15058 15056 15055 DT✓ • • ISOTH LN NW ,iOTHIHry- 15042 115040 2038 15035 15043 ; 15032: 2162 2126 11 501 26 15020 15024; 15026 2333' 2289 -1'5021 2119 15012 �" 31501'1 2155 14995 14986 2342 ,80TH AVE NW N soT a HOVE ryW ,50TH AVE NW 1.4970 0 1900 1'49714 2304 2266 2226 2108 m 1.4962 I 2156 14956 z 14948 34941 2291 2255 2215 21212097 14939° 1.4936 =_14925¢ 14921 ' m �93I3 1 14916 2338 A9TN 2288 2244 2178 1a91" 2094 2058 �14� W 2034 014905 0 2575 2115 1969 1919 1900 2560 2275 '+8TH AVF NW Date Created: May 11, 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, Chris Scott and Lisa Scott, husband and wife (collectively referred to herein as "Grantor"), hereby grant, sell, and convey 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: See Easement Exhibit A 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 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. By: Chris Scott By: Lisa Scott Total Consideration of this transaction is less than $500 State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of , 2016, by Chris Scott and Lisa Scott, husband and wife, who have caused these presents to be executed or have set their hand the day and year first above written. 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 IC THIS INSTRUMENT WAS DRAFTED BY: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: 763-427-8877 EASEMENT EXHIBIT A A 20.00 foot wide permanent easement for utility and drainage purposes, over, under and across that part of Lot 9, Block 3, WOODLAND EASTATES, Anoka County Minnesota. The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 9; thence North 14 degrees 34 minutes 34 seconds East, assumed bearing along the west line of said Lot 9 a distance of 145.62 feet to the point of beginning of the centerline to be described; thence North 88 degrees 31 minutes 11 seconds East a distance of 63.29 feet to the intersection with "Line D" and said centerline there terminating. EXCEPT The west 5.00 feet of said Lot 9. "Line D" is described as follows: Commencing at the southeast corner of said Lot 9; thence North 72 degrees 44 minutes 39 seconds East, assumed bearing along the southerly line of said Lot 8, Block 3, a distance of 30.35 feet; thence North 01 degrees 03 minutes 53 seconds West a distance of 64.50 feet; thence North 40 degrees 11 minutes 19 seconds West, a distance of 100.05 feet to the point of beginning of "Line D" to be described; thence South 36 degrees 26 minutes 16 seconds West a distance of 59.45 feet and said "Line D" there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said "Line D" and the east line of the west 5.00 feet of said Lot 9. Drainage &Utility Easement = 1,162 sq. ft. or 0.027 acres. Denotes Easement Exhibit Utility and Drainage Easement �— PROPOSED EASEMENT DESCRIPTION xnle I Jg A 20.00 foot wide permanent easement for utility and drainage purposes, over, under and across that part of Lot Area of utility and drainage Easement y 1,162 sq. ft. or °.027 acres 9. Block 3, WOODLAND ESTATES. Anoka Count Minnesota. The centerline of said easement Is described as follows: = Commencing at the southwest corner of said Lot 9; thence North 14 degrees 34 minutes 34 seconds East, ADDRESS OF PROPERTY: 2323 149th Avenue NW assumed bearing along the west line of said Lot 9 a distance of 145.62 feel to the point of beginning of the PID: 22-32-24-33-0031 centerline to be described; thence North 88 degrees 31 minutes 11 seconds East o distance of 63.29 feet to the intersection with 'Line 0" and said centerline there terminating. EXCEPT 30 ' --Southwest corner of lot 9 / �� \ The west 5.00 feet of said Lot 9. 30 c. / / "Line D" is described as follows: `\` west IIne of is / / Commencing at the southeast corner of said Lot 9; thence North 72 degrees 44 minutes 39 seconds East, h 0'6 I 145,62 1 9 / / assumed bearing along the southerly line of said Lot 8, Block 3, a distance of 30.35 feet; thence North 01 degrees 03 minutes 53 seconds West a distance of 64.50 feet; thence North 40 degrees 11 minutes 19 seconds I`\ f0 I — ` 'I V West. a distance of 100.05 feet to the point of beginning of said 'Line D" to be described; thence South 36 I \ ` ` ` ` / / degrees 26 minutes 16 seconds West a distance of 59.45 feet and said 'Line D" there terminating. N74.343,The sidelines of said easement are to be prolonged or shortened to terminate on said 'Line D" and the east line 2 l 4 "E of the west 5.00 feet of said Lot 9. / 93.44 \ m_y Drainage & Utility Easement l M1 `r I per plot of WOODLAND ASTATES / 20 1 10IP: ` 11 It Of I I 11 9 / I IQ '� Ir L9 ° // Ito —A10 Drainage & Utility Easement I W F,os 6`'SP I36�y p3, per plat of WOODLAND ESTATES I 0 ro 9 j < / �CdpPO I \,�` s76,\`��. pe< I ,,/ II G >_ A / n ✓ I N /,---Southeast corner of Lot 9 oy / 255.73 East tine of Lot 9-' I 503'21'22"E \W 0 \ 1 S L 6— NOl03' — _ / a°b a.n MTe I] 1B"� '"" '°° "°I °"''�Hakanson Easement Exhibit mea ^� nderson for » Chris & Lisa Scott n i w Is r.. w .wmoi s,lms •�r Iz. vacs - a. A—.Wrvunn u 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 - FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US TO: Mayor and City Council i CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Public Hearing/Consider Declaring a Nuisance Dog/2045-142"d Lane NW DATE: May 17, 2016 ACTION REQUESTED The City Council is requested to conduct a public hearing and abatement consideration for a Rottweiler, Chloe at 2045-142"d Lane. After the public hearing the City Council is then requested to consider adopting the attached resolution declaring Rottweiler, Chloe a "nuisance" dog and require abatement. 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 what is now a "dangerous dog" and based on the history the dog meets the nuisance definition (below). Administration recommends the Council consider the option to declare the dog a "nuisance" and require abatement. 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. Emphasis added to A, B, & D. Ms. Langmade had been informed of the time and place of this meeting and may appear to provide testimony. 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. The following is a chronology leading to this request: June 30, 2013 —police report stated a dog from 2045 -142nd 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 -142nd 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 2045-142"d 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. May 3, 2016 — The City Council deemed Rottweiler, Chloe as a "dangerous dog" (meeting minutes May 3, 2016). May 3, 2016 — The City Council requested a public hearing for May 17, 2016 to consider Chloe as a "nuisance" dog and possibly abatement. May 4, 2016 — The Deputy City Clerk notified Ms. Langmade that her Rottweiler Chloe was deemed a "dangerous dog" and a notice of the "nuisance" public hearing was delivered by a CSO and sent by certified mail. It should also be noted; Chloe's city dog license is current. Respectfully submitted, � Michelle Hartner Deputy City Clerk Attach: Police reports, "potentially Dangerous" Letter, "Dangerous Dog" letter, Correspondences, Draft Council Minutes, City Code, Resolution CC: Shellie Langmade, 2045 -142nd Lane NW, Andover MN 55304 TCR for Case 13143493 Page 1 of I ANOM COUNTYSHERIFF'S OFFICE 1 1 J21 IMEWIVISER 13301 HANSON BLVD NW, ANDOVER MN 55304 1 AWLFAG9 13143493 CIASSIFICA17 CODEMIS CIASSFICATION CODE DISP ANIMAL COMPLAINT- DOG ON LOO 118573 5 CLASSIFICATION CODE DISP CLASSIFICATION CODE OISP CLASSIFICATION CODE CISP CLAPSIF&MON CODE mw QSP REPORTMG OFFICER(S) , CSa14ARTHUR, MICHAEL DATE RE EO ASSKYJFA RRRNED OL£AREM EMLIESTDATEIT EOCCURREO LA STDATETMM'c 0/3012013 1150 1256 1308 LOCATION OFOFFENBMNCIOENT AIT9 GRID VALUESTOLEN VALUEOWCM VALUEREOUVEREM LN NW, ANCONE MN A50 $ $ $ I2045.142 AM REPORTINGPART'('S A DATE OHRTH SEX FACF HOMEPHONF A KRIS KARNOWSKI I F ADORE AFT QTY STATE WP riORKPHONE 2114142 LN NW ANDOVER MN 55304• NARRATIVE I WAS DISPATCHED AN ANIMAL COMPLAINT/DOG OFF LEASH, I MADE CONTACT BY PHONE WITH KRIS KARNOWSKI WHOSTATED THAT A NEIGHBORS DOG KEPS COMING OVER TO HER PROPERTY AND RUNNING DOWN THE STREET. KARNOWSKI ADVISED ME OF THE ADDRESS OF THE OWNEROF THE DOG. I ARRIVED AT 2095142 LN NW AND MADE CONTACT WITH SHELLIE LANGIVADE WHO ADVISED ME THAT SHE KNOWS OF THE ISSUE AND IS GETTING AN UNDERGROUND FENCE PUP IN NEXT WEEK. I ADFVISED LANGMADE OF THE ANDOVER CITY ORDINANCES. LANGMADE'S DOG ISA ONE YEAR OLD ROTTWIELER, BLACK WITH BROWN FRONT STRIPE, NFA. CLEAR. CSO ARTHUR 712113 W MW COOE NAME I DOB 6EX RACE HOT HAIR EYES A 0 SHS -LIE LANGMADE F IWGT I I ADMT bb APL CITY STATE MP M142 LN NW ANDOVER I MN 5=4- AWAS HOMEIBUSPHMNE WORK"NOBU PHONE CELLIPAG,ERIFAX AM COOFINAW DOB SEX RAGE HGT lWgr I HAIR ADDRESS- APT CXiY STATE I WP HOMEIBUSPHONE YJOfg ME) BUS PHONE GEL.L/PAGERLFAX A111 CAME NAME DOD 89x I RADE HET 17 1 wR I EYES ADMRESS APL CITY STATE I WP ALIAS HOMEPSUSP ONE wowwwSPHONE CEtL1PAGERIPAX AkW CODE NAME DOB SEX I FACE W MT I MR1 EYES ADORES5 JAIII CITY STATE WP ALM HOMEISLISP ONE WORK12NDBUSPHONE MAXCELLlPAOER ENTRYI £NTRY2 EMS ENM4 SUPERVISOR COPY TO FELATED CARE .NUMBiRS https://accr.ci.won-rapids.mn,udier,asp?Case lel=be>--13143493& misdietion=MN002... 09/2$/2015 ICR for Case 14197470 13301 HANSON BLVD NW, ANDOVER MN 55304 i AW PAGE 14197470 ANIMAL COMPLAINT- DOG ON L00 19042 09il A50 Page 1 of 1 HAWK 1 RESPONDED TO THEABOVEAREA REGARDINGA ROTTWEILERAT LARGE. I ARRIVEDAND LOCATEDA ROTTWEILER IN THE FRONT DRfVEWAY-OF 2045 142ND. ALTHOUGH IT DfDNT HAVE ASHOCK COLLAR ON, IT APPEARED AS THOUGH HE WAS STAYING IN ITSYARYAS IF IT WAS WEARING AN INVISIBLE FENCE COLLAR. I STAYED IN THI- AREA AND WATCHED THE DOG. EVEN AS ANOTHER DOG WAS BARKING ACROSS THE STREET, THE ROTTWEILER STAYED IN ITS YARD; HOWEVER, WHEN I MOVE PAST THE HOUSE, THE ROTTWEILER CAME OUT OF ITS YARD INTO THE STREET AGGRESSIVELY BARKING AT ME AND MY SQUAD, I RESPONDED TO ANOTHER CALL AND MAILED SHE€LIEA CITATION #020014032268. :KH 9117114 moIi19:vi Mips://accr.cLcoon-rapidsx=us/icr.asp?Case Numba--l4W470&fudaction=MN002... 09/28/2015 IC.R for Case 14227808 14227808 Page I of I I ANIMAL OOMPLAINT-DOG ON LOO 1-0-9-5-73 IT I"" m I"W I CS019 HALLBERG, RYAN DATE REPORTED ASSIGNED ARRIVED CLEAR® EMESTDAW MEDCCURRM LATESTDATFJFME'OCDURRED 10/1812014 0830 0905 0@17 DDB LOCATN)NOFOFFENSEfi D EvaA APT.# GRID VALUESFOLEN VALUEDAMAGEDVALUERECOVEFED LN NW, ANDQVER, MN 55304- F w 1508 1 180 I I BLU A90 $ $ . $ I2069142 AM REPORTINGPARTrsNMi 1EOFBIR3 SEX I HALE I KOM PHONE ADDRESS APT CFn STATE ?JP WORK ONE NARRATIVE ANONYMOUS RIP REPORTED A LOOSE, AGGRESSIVE DOG IN THE AREA1OF LOI. ARRIVED AND LOCATED THE DOG IN THE FRONT YARD OF 2046142 LN NW. THE DOG WAS VERY FRIENDLY. f SPOKE ToTHE DOG OWNERREGARDINGTHE COMPLAINT, DOG OWNERADVISED THAT HER DOG MAY HAVE BROKEN OFF THE CHAIN. BECAUSE I DIDN'T SEE THE IDOG RUNMNG OFF PROPERTY, I ADVISED THE DOG OWNER. To KEEP AN EYE ON THE DOG WHILE THE DOG IS OUTSIDE, DOGOWNERCOMPLIED. CLEAR. DOG: FEMALE ROTTWEILER, CHROME CHOKE COLLAR, VET TAGS, CSO HALLBERG LJ 100114 OODE NME WAN 0 SHELLIE LEE LANGMADE DDB SEX RACE HGF WDF mR EvaA F w 1508 1 180 I I BLU ADDRESS APT CIN STATE ZIP 2045142 LN NW kNDOVER MN 55304 - ALM HDNE/EUSPHONE WORK12ND BUS PHONE . CELLIPAGERIFAX AtJN CODE NAME DOS SEX I RACE HGF JWW I HAIR I EYES ADDRESS APT GTY I 17ATE ZAMS IP HOME/SUS PHONE WORKI2NDBUSPHONE CELLIPA /FAX AIJAI CODE INAMF DOB SEX RACE Hf3T WGi I HART I EYE, ADDRESS AP 7 CITY _ I STATE ZIP AM HOMEIEUBPHME WOW12NDBUS MONE CFLLIPAGERIPAX A1JA7 CODE NAME DOB 5IX I RACE HGT RGT I HAIR ETES ADDRESS IADi CRY STATEP LIAS HOMEIDUSPHONE IK120BUSPHONE CE1.UlPAGERIFA% E f ENTRY2 E 3 ENTRY4 SUPERVISOR COPY TO RELATED.OASENUMBNe ht[ps://acer.ei.coon-rapi&.Mn.UWior asp?Case Ni mber1422780ff&JTZTisdictioa-hN4(}2.., 4962812015 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDDVERMN.GOV DOG(CAT COMPLAINT Date Address of dog/cat �(� J " 1 ��-Y � �% ' �l ,'SAellie YtaA Type of complatut Is dog licensed?O Name of complainant Telephone Number Description of dog/cat r lNotes I E 1885 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.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 CCR for Case 15193843 Page 2 of 3 SUPPLEMENT OFFICER: 17182 SABO, JUSTIN ON 09-10.15 AT 1804 HOURS I, DEPUTY J. SA50 0211 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 IT IS MY INTENTTO COMPLETEA POTENTIALLY DANGEROUS DOG FORM AND SEND 1TTO 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 SHELVE BY PHONE. A MESSAGE WAS LEFT FOR HER TO CONTACT ME AS OF THE TIME OF THIS REPORT. I WILL CONDUCT FOLLOW UP ON 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 000 WAS LICENSED AND HAD CURREN? SHOT RECORDS, CLEAR NFAT, DEPUTY SABO KW: 09-1545 CC: CITY OF ANDOVER OFFICER: 17182 SABO, JUSTIN ON 09117/2015 AT 2155 HOURS 1, DEPUTY L SAGO#211, COMPLETED A NOTICE OF POTENTIALLY DANGEROUS DOG IN REGARDS TO 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 NA I coul RAMS A R DONALD CHARLES 1DORESS 2151142AVE NW WAS VA I CODE I NAME R 0 SHELUE LEE LANGI ,DORE$$ !045142 LN NW W 5081160 hitps:llaccr.ci.coon rapids.mn.uslicr.asp?Case Number=15193843&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 ADIX PAGE CLASSIFTCATION CODE DISP OASSFTCAMON CODE I DISP ANIMAL COMPLAINT -DOG ON LOO 09573 S CLASSIFICATXIN CODE I DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CIASSFCATION CODE DISP REPORTING OFFICEUSI 17182 SABO, JUSTIN DATE REPORTED ASSIGNED ARRIYEO ClFAREp E4RLIESTDAWIMEOCCIJRRED LATEST DATEffIME OCCURRED 91912i?15 1828 1859 LOCATION OF OFFENSFANCIOENT APTR GRIP YALUESTOLEN VALUE DAMAGED VALUE RECOVERED 2045142 LN NW, ANDOVER, MN 55304- A50 $ $ $ AN REPORTING PARTY'S NAME JDATEOF&FITH X RACE HOME PHONE A LYNN HELENE BURNS I F I W 5 ADDRESS APT STATE IMPWORKPHOM 2151142AVENW ICITY ANDOVER MN 55304- NARRATIVE PHONE CALL REPORT REGARDING AN AGGRESSIVE DOG AT LARGE. CALLED AND SPOKE WITH DONALD CHARLES BURNS I i WHO LIVESAT 2151142 AVE NW. HE STATES THAT AT APPROXIMATELY 1740 HOURS HE WAS WALING HIS DOG DOWN THE STREET, ACROSS FROM THE LOI. THE 3 YEAR OLD FEMALE ROTTWEILER (BLACK WITH A BROWN FRONT STRIPE) NAMED CHLOE FROM THE LOI 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, IIYD AS'SHEWE" 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 BIT 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 iANGMADE - ';_. 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 SHELLI£ HAS HAD 3 CONTACTS WITH OUR OFFICE REGALING 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 WAS ADVISED 1 COULD NOT CITE FOR AN OFFENSE OF THIS NATURE WITHOUT HAVING PERSONALLY WITNESSED THE LATION. HE WAS ADVISED TO TALK WITH HIS NEIGH13ORSAND TO ALL REPORT EACH INCIDENT AS IT IS OCCURRING SO J 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 ©9-14-15 CC. CITY OF ANDOVER bftps://accr.ci,coon-rapids.mn.usliar.asp?Case Number-15193843&Jurisdiction=N O02... 09/18/2015 NOTICE OF "POTENTIALLY DANGEROUS DOG" Date of Notification: 09/17/2015 ICR: 15193843 Name ofOvmer: SHELLiE LEE LAItiGM ADE Date of Birth - Address: 2045 142 LN MAI, .ANDOVER Click here to et[t+zr text. Home Phone: Cell Phone: Name,csfDog: CHLQE Breed: ROTTWEILER Color: BLq. r 4u,F A BRO�b'N FRONT' STRIPE Sex: Ivo ❑ F i`'J Age: 3 YEARS d: .0. Yes WOW 11 No COY Person or domestic arthrul was bivzen by above dog "P Oil or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack- INWhout provocation /lie above said do has on the following g ll tng dates to the past, attacked persons or other domestic ammalsw'thout provocation: ���� Date: Cli, ,here t zttter,a ciatz.l'ime: Gli.......... litre to_enter tzxt.ICR: Click -he . ......................._...I................, Date: Click herd to. ent. r a date.Tiine: �C'lick-Dere to_ entertextlCR: Click hereto enter text. .......�._.. . -- Dated: 09/17/2015 Signed By: QEek bare to eater text e u Name Title cc: City of Choose an item, �(f- oc: Dog Owner Anoka County Sheriffs office TCR for Case 15200459 Page 1 of 1 ANOKACOUNTY SHRRIFF`SOFFICE I 18301 HANSON BLVD NW, ANDOVER MN 55304 1 Jol CASENUMBER ADDIFAGEJ 15200459 CLASSIRCATION CODE DSP ANIMAL COMPLAINT -DOG ON LOO 09573 G CLAS101AT101 CODE DISP CIASSIFtCATION CODE MP CLASSIFlCAPON CODE WSP OLASSIMATION CODE DISP REPORTING QFFICERIS) 14639 LARSON' BREK TS OAREPORTED 9!1712015 ASSIGNED 98.19 ARRVED 4AEARED EARLIESTOArenm5000UPo¢ED 1829 1844 LATESTDAI'ElTIMEOCCURRED LOCATION OFOFFENSEWIDENT APT# 2046142 LN NW, ANDOVER, MN 55304- I GRIDVALUEBraLBN 050 VALUEDAMAGED $ $ Is VALUE RECOVERED Alf REPORTSIGPARTMI ME DATEOFBIRTH SEX BALE HOMEPHONE ADDRESS APT CITY STATE ZIP W PHONE NARMWE ANONYMOUS REPORT OF A DOG OFF ITS LEASH AT THE ADDRESS. I DROVE THROUGH THE NEIGHBORHOOD TWICE DURING MY SHIFT ANDDIDN"T SEE ANY DOG, CLEAR DEPUTY BA LARSON A/JA1 I CODE NAME A 0 ISHELLIELEELANGMADE fX>$ SEx F RADE HGT w 508 MT 160 I HAR BLK I EYES BLU ADDRESS APT 2045142 LN NW GTi ANDOVER STATE I MN 21F 55304- ALIAS HOMEIBUSF4i0NE WORK12NDBUSPHONE. CELLIPAGER9FAx 71 CODE NAME DOB SEX RAGE HGT WGi HAIR EYES ADDRESS APT CITY STATE ZF ALNB HOMEfBUSPHONE WORKT2NDBUS PHONE CELLIPAGER{FAX �� GODE NAME DOB SIX I RACE HGT MT HAift I EYES ADDRESS APT CDY STATE 7JP ALIAS HOWBUSPHONE INCRKI2NOBUS PHONE OELLIRAGEM FAX ANYU CODE NAME i L)(7B I SEX RACE HGT rGr HAIR EYES ADDRESS APT I CITY STATE ZIP ALIAS HOMEiB PHQNE WORKI2NDBUSPHONE CELLtPACERtFAX ENTRYI I ENTRY2 ENTRY3 ENTRY= BUPERVi80R COPY TO REATEDCASENUMBERS: h4s:llaccr.ci.coon rapicls.mn.us/ior.asp2Case_Number-15200459&7urisdickion=MN002... 09/28/2015 1885. CROSSTOWN BOULEVARD M.W.. ANDOVER. MINNESOTA 56304 • (783) 755-5100 FAX (783) 755.8923 . WWW.AND0VERMN.GOV DOG/CAT COMPLAINT Date Q- a— 1& Address of dog/cat�r} Type of camplaiutLAAJ ttY� �, {e C� QIl DMI1 SCJ Is dog licensed? Name of complainant Telephone Number_ Description of dogicat Tj -111—�S— Notes faA 4+rb L.d..f�D I W ' , �t ►lr 9685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5ioi3 FAX (763) 755-8923 . WWW.ANDOVE RMN,GOV DOG/CAT COMPLAINT Date Address of dogteat_p1(7 t� `t�dA^) Type of Is dog Name of complainant Telephone Number Description of dog/cat q34-� dill s♦ • irow" 1 C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 56304 . (763) 766-5100 FAX (763) 765-882-3 • WWW -AN DOVER MN. GOV September IB 2015 Shellie Langtnade 2045-142` 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 considerer) 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, Michelle Hartaer Deputy City Clerk Enclosure C I T Y O ND OV 1685 CROSSTOWN BQVLEVARD N.W. • ANDOVER, MINNESOTA 55304 + (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV September 21, 2015 Shellie Langmade 2045-142"a 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, 201510:49 AM To: Michelle Hartner Subject: 2045142nd Lane NW Attachments: imagel.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! {/ i �F• -#i.'. 1lt�k• rA � 3� r t L• •F' �s r r - • •i• a :a r : R Yom. NDOVE- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US September 29, 2015 ShelIie Langmade 2045-142'd LaneN5V 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 5-1A, 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 1 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 Aitack' Thanks for getting back to me, and for looking into this matter, Michelle. As awful of a dog Chloe is, T.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 meknow 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 ADD1TiONAL/CONTINUATION NARRATIVE REPORT NUMBER' ZA16008495 Anoka County Sheriffs Office I ORIO MN0020000 1 NARRATIVE TITLE Original Officer Narrative Iran Slooten reported a ongoing issue with Langmades dog chasing and biting neighborhood dogs. Van Slooten advised that prior fo calling he was walking his dog Raily on 142 LN NW in frontof Langmade's residence. Van Slooten advised that he walked on the opposite side of the streetto 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 Langmades dog chased after Baily -and pulled the leash out of the v etgroun& Van Sloaten advised that Langmadss dog jumped on the back of his dog and began to bite Bailvs neck Van Slooten advised that when he was able to separate the dogs Langmades dog had %ilys hair in her mouth. Van Sioofed 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 inadequater to secure her dog. Van Slooten desedbed Langmade's dog .as a large Rottweiler named Chloe, tspoke fa Langmade. Langmade a-dmitted thatthe leash was pulled frarn the ground and she attempted to stop the dog but was unsuccessful. Langmade advised that Van Slooten's dog ie the only dog €hat Ch loe chases, Langmade advised that Chloe chases Van Slooten's dog because itis a Collie. Langmade denied thatthere vaere reports of Chloe chasing other neighborhood dogs. The area Langmade advised she had Chloe teathered was the westsideoff her driveway that was complatefy dug up and was covered in soft vret sail, Looking atthe size and strength of Chloe itwas clear that a scre-v in tether is completely inadequate to contain Chloe. I reviewed the ordinance and deten:eined no quarantine was necessary. I reviewed records and found multiple reports of dog issuesat Langmade's residence. On 99-17-2015 Deputy Larson took an anonymous repottofan ongoing issueof an aggressive dog that runs outof its yard at other dogs and people at I angmade's address. Deputy Larson did net locate the dog. Case it 15-26t1459 On 09-09-2fl15 Deputy Sabo handled a sin-ilar complaintto this complaint Case #15-193843, involving a different complainant No citation issued. On 117-18-2014 CSO Hallberg took a similar anoniumous reportof Lanamade'sdog running loose and being aggressive, Case# 14-22789$.AnanymouscoT:mplainant No citation issued. On 09-11-14 Langmadesdog chased Deputy Quinn's squad when, he was responding to a sirnilardog complaint Case #14-197470.Anonymauscomplainant Citation issued. On 06-3U-13 CSO Arthur took a similar complaintabout Langmade's dog, involving a differentcomplainant Case # 13- 14.3493. Since i)6-30-131 located fire other reported incidents with two named complainants other than Van Slooten and three anonymous convlaints. There is a clear pattern 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 4020016D81430 personally delivered to Langmade. Forward fo Cfif ofAndover. Deputy Larinser :ISH 426116 co: -Clerk of Court Andover City [-calf ►NC►DENTIARREST REPORT 4NUMBIER: llAnoka County Sheriffs Office RZA16008495 020000 -2016 TIME:03:45pM TIME: REPORTIME:03:53 PM LocArloN: 2117142ND LNNW OVER MN 55304 TYPE OF INCIDENT OFFENSE TRACT ANIMAL COMPLnCODE PRIORTTY FORWARD CASE STATUS: � DISPOSITION EXCEPTIONAL CLEARA FxC CLEAR DATE HOW RECEIVED: iTIME rrq SIGNED TIMEARRIVED TIME CLEARED 1$53 RELATED TO OCA Dog bite report. Citation #02001608430 mailed and potentially dangerous dog form completed. See narrative. Deputy Lorinser :KH 4/26/16 NAME I ANGMADE, SHELLIE LEE ADDRESS 2045142ND LN NW ANDOVER MN 55304 DOS AGE TO AGE Juy¢�ile RACE HEIGHT I WEIGHT I EYE COLOR I HAIR COLOR SM7S EMPLOYER RELATED OFFENSES: 1. 2 S. SUSPECT ARRESTDATElrIME 17 OISPOSRION ARRESTED i•"' LOCATION ARREST LOCATION SAMEAS INCIDENT LOCATION NAME CHARGES �- 2. HOME i CELL WORK EMAIL SEX RESIDENT ETHNICITY F HAIR LENGTH HAIR STYLE DLN AFFILIATION EMPLOYERADDRESS 3. 4, 7. S. JUVENILE DISPOSITION AREA 3. 4. 5. 6. 7. 55N STATE a. 1557 1644 REPORTING OFFICER .ZPD00149 Lorimer, Ross P ZFDOO149 ASSISTING OFFICER REVIEWING OFFICER ISN STATUTE OFFENSE DESCRIPTION 1 ANIMBITEDOG ANIMAL - DOG R= STATUS COUNTS DEGREE 9000BR 9000 ASSISTED/ADVISE 1 BIAS MOTIVATION NONE PREMISE TYPE nrr�TED A o� co FORCEDENTRY I! QoL UNfTSENTEREDCRIMINALACTNRY 71C 2. IMPLEMENT USED 3. 1. TYPE ENTRY METHOD OF ENTRY iypE EXTT 2. 3. WEAPON USED 7. _ 3. Dog bite report. Citation #02001608430 mailed and potentially dangerous dog form completed. See narrative. Deputy Lorinser :KH 4/26/16 NAME I ANGMADE, SHELLIE LEE ADDRESS 2045142ND LN NW ANDOVER MN 55304 DOS AGE TO AGE Juy¢�ile RACE HEIGHT I WEIGHT I EYE COLOR I HAIR COLOR SM7S EMPLOYER RELATED OFFENSES: 1. 2 S. SUSPECT ARRESTDATElrIME 17 OISPOSRION ARRESTED i•"' LOCATION ARREST LOCATION SAMEAS INCIDENT LOCATION NAME CHARGES �- 2. HOME i CELL WORK EMAIL SEX RESIDENT ETHNICITY F HAIR LENGTH HAIR STYLE DLN AFFILIATION EMPLOYERADDRESS 3. 4, 7. S. JUVENILE DISPOSITION AREA 3. 4. 5. 6. 7. 55N STATE a. ADDITIONAL PERSONS ! REPORT NUMBER' ZA16008495 Anoka Cnunfv Rhnriffm 1 —.11 ---------- INVOLVEMENTTYPE NAME v,. � GVVVV REPORTEE VAN SLOOTBN,RYAN JOHN HOME CELL Z ADDRESS 008 q0y 2117142ND LN NW ANDOVER MN 55304 WORK EMAIL �j DOB AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN ilI ^_` HAIR LENGTH W M (� EYE COLOR EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRN DW STATE EMPLOYER STATE EMPLOYER STATE EMPLOYERADDRESS INVOLVEMENTTYPE NAME EMPLOYERADDRESS INVOLVEMENTTYPE NAME HOME CELL ADDRESS WORK EMAIL DOB AGE TOAGE RACE SIX RESIDENT ETHNICITY SSN CELL Q� EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE DLN DOB AGE TOAGE RACE SEX RESIDENT ETHNICITY SSN iu (L EYE COLOR HAIR COLOR STATE EMPLOYER HAIR LENGTH HAIRSTYLE EMPLOYERADDRESS WVOLVEMENTTYPE NAME HOME CELL i ADDRESS EMPLOYER INVOLVEMENTTYPE NAME ADDRESS0WORKDOBAGE 008 AGE TO AGE RACE SEX RESIDENT ETHNICITY SSN HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTY (� EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR SME DW STATE EMPLOYER STATE EMPLOYER EMPLOYERADDRESS INVOLVEMENTTYPE NAME HOME CELL Z ADDRESS WORK EMAIL Q DOB AGE TOAGE RACE SEX RESIDENT ETHNICITY SSN iu (L EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTYLE DW STATE EMPLOYER I ..... _..- INVOLVEMENTTYPE NAME ADDRESS0WORKDOBAGE TCELL..DTZ REMAJL TO AGE RACE SEX RESIDENT Lu IL EYECOLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTY STATE EMPLOYER ..... .. -- --I INVOLVEMENTTYPE NAME HOME ADDRESS WORK EMAIL M DOB AGE TO AGE I RACE SEX RESIDENT ETHNICITY gL EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTYLE DLN EMPLOYER EMPLOYER ADDRESS SSN CELL STATE NOTICE OF "POTENTIALLY DANGEROUS DOG" Date of Notification: 04/24/2016 ICR: ZA-160084$ 4„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 Calor: 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 Name cc: CityofAndover cc: Dog Owner Anoka County Sheriffs Office Title C IT Y OF NDOVE: 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. t 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, !r1• I Michelle Hartner Deputy City Clerk Enclosure Michelle Hartner From: Lynn Burns Sent: Wednesday, April 27, 201611:29 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 2 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, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER. MN. US May 4, 2016 Shellie Langmade 2045-142 d Lane NW Andover, MN 55304 Dear Ms. Langmade: The City Council at their May 3, 2016 meeting declared your Rottweiler Chloe as a "dangerous dog". I have enclosed a copy of the resolution and City Code highlighting your responsibilities as the dog owner. You will have 14 days from the date of this letter to comply with City Code 5-1A-11. If you choose to have Chloe euthanized, please provide the city with a copy of the paperwork from the vet. If you choose to relocate Chloe to another jurisdiction, please provide the city with a notarized letter indicating the name, address and phone number of where she was relocated. If you have any questions, please call me at 763-767-5107. ( Sincerely, , Michelle Hartner Deputy City Clerk Enclosure CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R047-16 A RESOLUTION DECLARING A DOG OWNED BY SHELLIE LANGMADE, 2045- 1421`'D 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 -142nd 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 -142nd Lane NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5 -IA -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 3rd day of May, 2016. CITY OF ANDOVER Attest: Juli de Mayor FichHarmer4ep2��y City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV May 4, 2016 Shellie Langmade 2045 -142nd Lane NW Andover, MN 55304 Dear Ms. Langmade: This notice is to inform you a public hearing has been scheduled for May 17, 2016 at 7:00 p.m. at Andover City Hall to consider your Rottweiler, Chloe as a "nuisance" and may require abatement. 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 nuisance dog and require abatement. 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. (j Sincerely, �'] Y ljoll--� Michelle Hartner Deputy City Clerk Enclosure 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 — May 3, 2016 Page 4 Motion by Bukkila, Seconde fight, to close the public unanimously. Motion by Bukkila, Seconded byGoo to appro e t1 easement. Motion carried imously. (See Resolution CONSIDER CLASSIFYING DANGEROUS DOG/2045-142ND Mr. Dickinson stated the City Council is asked to cons Rottweiler, Chloe, a dangerous dog and provide direct. scheduled to declare the dog a "nuisance" and also con the dog. Mr. Dickinson stated in his opinion, it attempts to properly control/restrain a 2016 incident administration has regw would require the dog owner to compl the dog "dangerous," if the dog is rem dangerous dog in its new jurisdiction. If the Council coi scheduled for the at 7:16 p.m. Motion carried of vehicle maintenance access a resolution declaring a r a hearing should be )n to require abatement of irs that the owner of the dog is not making reasonable itially dangerous dog" and based on the April 24, at a minimum, a "dangerous dog" declaration that i the dangerous dog provisions be done. By declaring rom,the City, the dog must be registered as a to consider the dog a "nuisance" a public hearing could be The history of complaints against the dog and its owners was reviewed, by date. Mr. Dickinson stated Ms. Langmade had been>iuformed'of the time and place of this Council meeting where the dangerous dog matterwould be discussed. The nuisance and dangerous dog issues were raised due to concerns for the safety of both humans and animals in the neighborhood. Mr. Dickinson reviewed the staff report with the Council, identifying 17 points of contact. Mayor Trude recounted there were incidents of injury when the dog was off of the property and 8 incidents where the police were called. And there seems to be evidence that the dog is displaying more aggressive behavior. Once in the classification, of "potentially dangerous," the burden is on the owner to keep the dog properly controlled and restrained on one's property. Mayor Trude referenced the written testimony in the packet and the supplemental materials added this evening. Mr. Dickinson stated his opinion is that the dog should be declared a dangerous dog due to the fact that the dog's behavior is escalating. Due to timing, Mayor Trude stated the proper notification couldn't happen in time for a nuisance hearing, so the code would require that the nuisance matter be considered at the next Council meeting. Councilmember Knight asked if the dog had ever bitten a human. Mr. Dickinson replied the dog had bitten another dog. 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 — May 3, 2016 Page 5 Mayor Trude noted the dog had knocked a child down in the street. Mr. Dickinson stated that incident meets the criteria for public safety. Councilmember Holthus asked if all of the aggressive acts happened in the street. Mr. Dickinson confirmed that was the case and the incidents did not occur on the owners property. Councilmember Goodrich stated there is a voluminous record Mayor Trude stated the Council considered a matter re; and that the Council was unanimous about not wanting residents or animals. Councilmember Bukkila expressed her view that the the Council should go ahead and schedule the second City Council meeting. Motion by Bukkila, Seconded by Goodrich,, to move nuisance in the community at a public hearing in two Dickinson will provide the proper notice'. dog ownership. German Shepherd in January, �e City that would cause harm to action needed to be taken was clear and that hearing regarding nuisance for the next to consider declaring the dog a Motion carried unanimously. Mr. Councilmember Knight inquired.; if the residents in the neighborhood where the dog resides will be notified of the hearing. Mr. Dickinson stated itis not in the code, but that could be done. Ryan Van Slooten, 2117142" Lane, stated he filed the most recent complaint on the 24th of April. He recounted when walking out front of the resident's house, and on the other side of the street to keep the distance between them and the dog, Chloe got lose, again. He stated the owner says that it is never their -faun, buf it occurs because the dog is not properly restrained; due to the fact that it is a large, strong dog. He continued by saying that Chloe jumped on the back of his dog and was more aggressive than ever before. He indicated he had to use his foot in the dog's ff face to get the dog to back oso that the owner could remove it. He testified in the past the owner had an electric fence that never worked. The dog used to stop at the edge of the yard when the owner or even the neighbor would tell it to stop, but she has gotten progressively more aggressive. He stated Chloe has aggressively charged his dog 3 times. He indicated the first two incidences were quick, but now he cannot get the dog to stop. If the owner had gotten hurt in the attempt to stop the dog, Mr. Van Slooten stated he was not confident that he could have stopped the dog from harming his dog or himself. Mayor Trude asked Mr. Van Slooten if he saw this dog as a dangerous dog. He replied, "yes." Mayor Trude then asked if the owner could control the dog on their property, as required. Mr. Van Slooten replied the dog has left its property several times. He continued by saying the dog does not listen when you yell at her to go back to its yard. Chloe responds with a very low guttural growl. 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 — May 3, 2016 Page 6 Councilmember Holthus asked how old his daughters are. Mr. Van Slooten replied they are 8 and 5 years old. Mr. Van Slooten also stated there are a lot of younger children in the neighborhood. Mayor Trude inquired if their neighborhood was near a park. Mr. Van Slooten indicated children go past the home to go to the park. Mr. Dickinson stated he had visited the area and would attest that there are a lot of kids in the area. ....._......._.... Councilmember Knight asked if the dog was current on rabies shots. Mr. Dickinson responded that to be licensed, the owner must show the tags. Wade Young, of 2126 142 d Lane, stated that he has seen Chloe '/a of a mile away from the owner's property. Mr. Young stated he walks by the bus stop every day and took his handgun with him because the dog is scary. He continued by stating he just did not know if this time would be the time that Chloe would get aggressive and scary and adults and children do not want to walk by there. He believes it should not take 17 points of contact to make a decision about this dog and compared it to what would be done if it was a wild bear. He continued by stating it was not the dogs fault and that the Council would have to make the decision for the owner. Mayor Trude asked Mr. Young if the dog had been seen off of the property since last September. Mr. Young replied he has seen her off the property at least 3 times. His daughter has seen the dog elsewhere. -He said it Would=not take much for his daughter to be injured by the dog and that he doesn't want to wait until after something happens to do something. Mayor Trude acknowledged the letters that had been received by residents and the police reports that were included in the meeting materials. Mayor Trude asked if the dog's owner was present, she noted the dog's owner was not present at the meeting. Motion by Goocb a dangerous dog. approving the resolution to declare Chloe, the Rottweiler, usly. (See Resolution R047-16) Councilmember Bukkila indicated residents should let the Sheriff's Office do their work if they see Chloe unrestrained. Mayor Trude asked for additional direction by the City Attorney. Mr. Dickinson stated the dog will have to be in a proper enclosure and he believed that the current City Code was adequate. Councilmember Bukkila reminded residents that if they see a violation, then they should call the Sheriff's Office and the dog would be impounded. 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 — May 3, 2016 Page 7 City Attorney Baumgartner recommended taking a photo of the violation, if they felt it was safe to do so. Mr. Dickinson indicated the notification of the meeting would be delivered to the owner's door by a Community Service Officer from the Sheriff's Office. The notification also will be sent via certified mail so it can be signed for and a phone call will be made to the residence to make sure the owner understands the provisions. He continued by saying they have made attempts, in multiple letters, to share the City Code and the reasons and the basis for the decision that was brought before the Council this evening. Councilmember Holthus inquired as to what the City before the hearing occurs. Mr. Baumgartner stated if the dog is put dow clinic. By State law, the City has the right to verification. Councilmember Goodrich inquired City. Mr. Baumgartner stated' was located in another c could be made at thath6., Mayor Trude stated residents Councilmember if the jowner removes the dog from would need to be verified by a veterinarian's w where the dog was movedto and would need would still be held if the dog was out of the Id still need to occur if the dog has been put down or )n, that city would need to be notified. The decision dog were to be returned to the City, the City could abate. i in these situations to have retaliation or threats made. If ,sidents should please call 911 and request dispatch. If it City Hall and ask for Mr. Dickinson or Ms. Hartner. n as his email address is posted on the City's website. the right to feel safe in their homes and enjoy the outdoors. the residents should not hesitate calling the Sheriffs Office. Mr. Baumgartner stated if they call 911 it would be helpful to state that the dog has been declared a dangerous dog. Mayor Trude indicated if the dispatchers know that information, they could send someone with additional training to respond. ADMINISTRATbR�S REPORT City staff updated the Council on�-a inistratio department activities, legislative updates, updates on development/CIP s, 3 eeting reminders/community events. (Legislative Update) ickinson updated the Council on t roposed Met Council 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 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 1 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" 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 1 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, doglcat 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 120 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, shalt 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 i I 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. s 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 REQUIRING ABATEMENT OF A DOG OWNED BY SHELLIE LANGMADE, 2045 -142ND LANE NW, PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-17. WHEREAS, a Rottweiler named Chloe owned by Shellie Langmade, 2045 -142nd Lane NW, Andover has been allowed to run at large numerous times; and WMI 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; 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; and WHEREAS, on May 3, 2016, said dog was deemed a "dangerous dog" by the Andover City Council. 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 require abatement of a Rottweiler owned by Shellie Langmade, 2045-142°d Lane NW pursuant to City Code Title 5, Chapter, 1 Section 5-1A-17. 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 17th day of May, 2016. CITY OF ANDOVER Attest: Julie Trude — Mayor Michelle Hartner — Deputy City Clerk I 001"I ffyj� 3 L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrator David Carlberg, Community Develo nt Director FROM: Brett Angell, Associate Planner SUBJECT: Consider Interim Use Permit (16-02) — Land Reclamation — 1159 Andover Blvd NW — BL Holdings, LLC DATE: May 10, 2016 DISCUSSION BL Holdings, LLC is seeking an IUP to store up to 5,300 cubic yards of soil. The storage area is shown on the attached map. The soil is excess dirt from the Winslow Woods 2nd Addition development, which is planned to be used in future additions of Winslow Woods. The stockpile of dirt is existing and there are no changes that would be made to the existing pile, except for minor subtractions and additions of dirt with the development of the lots of Winslow Woods 2nd Addition. The stockpile of dirt has been reviewed by the Coon Creek Watershed District and will not require a watershed permit. Silt Fencing and Vegetation Silt fencing has been installed around the stockpile excluding the south side. Property owners have requested that the silt fencing not be placed on the south side of the stockpile, as this may be counterproductive to farming activities. Silt fence must stay installed until vegetation occurs. Dormant seed was placed on the stockpile prior to the previous winter season. If the dormant seed does not lead to vegetation, the applicant will be required to ensure vegetation occurs by other measures. Any areas of the stockpile which are disturbed will be required to be re -seeded. Trucking Route If the pile is to be removed, trucks will utilize Yellow Pine St. to access Crosstown Boulevard. The trucking route is shown on the attached map. Engineering Department Review The Engineering Department completed a review of the request. Although BL Holdings, LLC have requested a four (4) year IUP, the city Engineering Department is recommending the IUP expires on November 1, 2019. This will ensure the removal of the excess soil prior to the winter freeze. Otherwise the excess soil would not be moved until the spring thaw in 2020. The stockpile has been graded to acceptable slopes reviewed by the City of Andover Engineering Department. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: Will not create an excess burden on parks, streets, and other public facilities; Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; Will not have a negative effect on the values of property and scenic views; Will not impose additional unreasonable costs on the public; Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Planning and Zoning Commission Recommendation On May 10, 2016, the Planning and Zoning Commission held a public hearing regarding the IUP request in which there was no public comment. A draft of the meeting minutes have been attached for your review. The Commission recommended approval on a 5-0 (2 absent) vote. ACTION REQUESTED The City Council is asked to review the Interim Use Permit request and consider the recommendation of approval by the Planning and Zoning Commission. Respectfu ly submitted, Brett Angell Associate Planner Attachments Resolution Location Map Aerial Photograph Site Photograph Stockpile Volume Exhibit Trucking Route Map Draft Minutes of the May 10, 2016 Planning and Zoning Commission Meeting. Cc: Larry Olson, BL Holdings, LLC, 1875 Station Parkway NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR STORAGE OF SOIL FOR THE PROPERTY LOCATED AT 1159 ANDOVER BLVD NW, LEGALLY DESCRIBED AS: UNPLATTED GROW TOWNSHIP WEST 283 FEET OF S 250 FEET OF SOUTHEAST QUARTER OF SECTION 12-32-24 EXCLUDING THE WEST 33 FEET FOR PUBLIC ROAD PURPOSES WHEREAS, BL Holdings, LLC requested an interim use permit for the storage of up to 5,300 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on May 10, 2016; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 5,300 cubic yards of soil on said property with the following conditions: 1. Soil must be stored in the area shown on the Stockpile Volume Exhibit. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile, excluding the south side of the pile, until vegetation occurs. 3. All material shall be utilized in compliance with the City requirements. 4. Hours of hauling soil to and from the site are limited to Monday thru Friday 7:00 am — 6:00 pm, Saturday from 8:00 am —1:00 pm, no operations on Sunday. 5. The applicant will be responsible for any cleaning of roadways if they are affected by the hauling of dirt to or from this stockpile. 6. The soil must be removed from the site no later than November 1, 2019. Adopted by the City Council of the City of Andover on this 17th day of May, 2016. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Location Map 1425 1414 1261 �m�Q 5346 15365 15356 15373L15300 N °15296 l 1157 1 1047 L53L�` 1424 1296 dao`'` 1195 1123 1081 1434 °`15290 152911-f34 L206 1146 1046 �. 1080 1048 �o °S CQ 1409 1385 357 15223 15240 15193 14" 11 15204 1382f,TO 15165 1424 1'51861517.9 4= 15149 15187 15167 1 15179 15176 + 15137 15371 1367 1339 X15145 % 15131 15155151'50 15144 5130 15125 1190 15121 of 5 AYENw °fe 151.40 8 1204 15143 , 15109 "' °a 15127 ° 1511 :15101 15108 15097 1512215120 15098 1/01 ys 15107 1'5088 15092 15089 A 1'5080 1'5080 15084 15081 15089 1 1'5070 15076 15073 15080 15076 1'5072„ I 15064 150612 1.5064 J 15060 ~ 1200 1158 1102 '5011iH LN NW. 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A\� .. �-'" i tai+ -roe e y� t t __ w +� ate. �. _ .'�"'-`..•- Potential Winslow Woods Stockpile Trucking Route 1296 1409 15179Y /15176 1261 N15282- 3� bd°a 5t° 1'525 �R°5^ \ L5153j13150 15144 n" ' /� 15121/ ��151'40 15143 8 1510 27 ° 15119 1510 15120 L2222 7L 15107 1 �\1508� 15080 1 i 5080 15072= 1'5076 50614 150 1 15064; 1. JI5 isary EN NW )Q32OTH IN NW._ W - - �15030I1502 i 1286 1' T5O17� '15015 ;00 )004 0 1500211'499 1 _49716 -498' 1'4934'1348 1423 14853�% 1371/'347 15137 15131 15125 � 11 1 15097 5092 15089 5084 15081 5076 15073 1159 6 1 IStockpile Location II Date Created: April 06, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 978 952 15380 1400 945 0 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 DRAFT PLANNING AND ZONING COMMISSIONMEETING — MAY 10, 2016 The Regular Bi -Monthly Meeting of the Andover Planning and Zoni Commission was called to order by Acting Chairperson, Kyle Nemeth, on May 10, 16, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, esota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. April 12, 2016 Commissioners Timothy Peterson, and Jeff Sims. Chairperson Community City Planner Associate Others Bert Koehler IV, Steve Commissioner Scott Hudson. Director Dave Carlberg ephanie Hanson Planner Brett Angell Commissioner Clev9drequested that the Workshop minutes be edited on page 3, line 43, by deleting the WA "to" and adding the word "make" and on page 4, line 30, eliminating they6cond instance of "that" in the sentence. Acting Ch rperson Nemeth requested that the Workshop minutes be edited on page 3, line 30,X correct the spelling of "siting" to "citing." by Koehler, seconded by Cleven, to approve both the Workshop and Regular as amended. Motion carried on a 4 -ayes, 0 -nays, 1 -present (Sims), 2 -absent 39 40 AL, ;: PUBLIC HEARING.-- Interim Use Permit — Land Reclamation — Winslow Woods 2"d 42 Addition —BL Holdings, LLC, 43 44 Associate City Planner Angell noted the purpose of this item is to hold a public hearing 45 and take input on an IUP to store up to 5,300 cubic yards of soil. The soil is excess dirt 46 from the Winslow Woods 2"d Addition development which is planned to be used in future Regular Andover Planning and Zoning Commission Meeting Minutes — May 10, 2015 RAFT Page 2 1 additions of Winslow Woods. The stockpile of dirt is existing and there are no changes 2 that would be made to the existing pile except for minor subtractions and additions of dirt 3 with the development of the lots of Winslow Woods 2nd Addition. The stockpile has been 4 graded to acceptable slopes reviewed by the City of Andover Engineering Department. 5 6 Associate City Planner Angell further reviewed the proposed details of the IUP in the 7 staff report with the Commission. 8 9 Mr. Angell stated that Mr. Berkowitz had been to the site and noted that silt fencing had 10 already been installed except on the south side of the stockpile because it would be a 11 hardship when turning around the farming equipment. Mr. Berkowitz also confirmed that 12 the grass seed was starting to take hold. Mr. Angell confirmed that if the seed does not 13 grow, the applicant will need to remediate that by re -seeding. He also pointed out that 14 the plan is only to be trucking soil from the area if it is needed as the intent is to keep it 15 on site for use as lots are developed. If trucking of the soil occurs, the route is noted on 16 the map provided in the packet. The IUP would expire on November 1, 2019, according 17 to the proposed resolution. Mr. Angell noted that the applicant was unable to attend the 18 public hearing. Mr. Angell offered to take questions. 19 20 Commissioner Koehler asked if City staff would be doing a review of vegetation growth 21 in the future. Mr. Angell confirmed that staff will monitor the stockpile for growth of 22 vegetation. 23 24 Commissioner Sims inquired if the stockpile would be gone or would it be permanent 25 once the development was complete. Mr. Angell stated the stockpile would be removed 26 when the IUP expires if it was not already removed. It is anticipated that it would be 27 utilized during the development of the lots. 28 29 Commissioner Cleven inquired where the soil would go if it was removed. Mr. Angell 30 did not know. If it was in Andover an IUP would be needed. He continued by asking if 31 soil was removed or added to the stock pile would there be plans to clean and maintain 32 roadways. Mr. Angell confirmed that if the soil is shipped out, the applicant would be 33 required to clean the roadway. 34 35 Commissioner Peterson inquired if that should be in the conditions [cleaning of the 36 roadways]. Mr. Angell reiterated that shipping the soil out would be the last resort and it 37 could be added as a condition. Mr. Peterson also stated that days and times of hauling 38 have sometimes been an issue on other sites. He asked for clarification as to whether 39 there would be hauling within the site or between the site and the lots (referring to 40 condition #4). Mr. Angell indicated that it referred to from and to the site and the lots. 41 42 Commissioner Koehler asked if condition #4 could be worded to state "to or from the 43 site." Mr. Angell confirmed that it could be restated. 44 Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — May 10, 2015 Page 3 1 Acting Chairperson Nemeth inquired if staff was comfortable with there being no silt 2 fencing on the south side of the stockpile. Mr. Angell noted that Mr. Berkowitz approved 3 of it. He also noted that any runoff from that area of the stockpile would go into the 4 farmland, not a drainage pond or wetland. 5 6 Acting Chairperson Nemeth asked for confirmation of the hauling directions and eventual 7 destination of the soil. Mr. Angell stated that there are no plans for a specific 8 development to ship the soil to that may remain. Mr. Carlberg reiterated that the proposal 9 included a map indicating the preferred hauling route through the neighborhood if soil 10 was to be removed from the site prior to the expiration of the IUP. I1 12 Acting Chairperson Nemeth asked if.the IUP could be a 2 -year time frame, instead of 3 13 years. Mr. Angell stated that there had been a lengthy discussion and that the staff was 14 comfortable with 3 years, due to it not being a large pile and it was already seeded and 15 the silt fencing was in place. 16 17 Motion by Koehler, seconded by Cleven, to open the public hearing at 7:12 p.m. Motion 18 carried on a 5 -ayes, 0 -nays, 2 -absent vote. 19 20 There was no public input. 21 22 Motion by Peterson, seconded by Koehler, to close the public hearing at 7:13 p.m. 23 Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote. 24 25 Commissioner Cleven inquired when the anticipated completion date was expected. Mr. 26 Angell indicated that there were 4 homes under construction and there are 18 total lots. 27 He estimated that it would be two years. He continued by asking if the construction 28 could be done in 2 years, why the IUP would be for an additional year. Mr. Angell stated 29 that there is no certainty that the lots will be sold in that time frame. Mr. Angell 3o reiterated that as the homes are built, dirt will come and go from the stockpile. 31 32 Commissioner Koehler noted that the developer asked for 4 years and the City 33 compromised at 3 years. 34 35 Summarizing, Commissioner Koehler stated that the recommended changes to the IUP 36 should include adding language indicating "to or from" on condition #4 and cleaning 37 roads where dirt is being hauled as a new condition. The exact language used will be left 38 up to staff to determine. 39 40 Motion by Koehler, seconded by Peterson, to recommend to the City Council approval of 41 the Interim Use Permit with the above recommended changes. Motion carried on a 5- 42 ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote. 43 44 Mr. Angell stated that this item would be before the Council at the May 17, 2016 City 45 Council meeting. AC I T Y 0 F aP NL6 6 W A 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 Clerk SUBJECT: Consider Classifying Dangerous Dog/1815 Andover Boulevard NW DATE: May 17, 2016 ACTION REQUESTED The City Council is requested to consider adopting the attached resolution declaring the Pitbull Terrier, C/zar (Cesear) a dangerous dog. The Council may also request a public hearing for the June 7, 2016 Council meeting to declare said dog a "nuisance" and require abatement. DISCUSSION Attached are police reports and correspondence explaining the circumstances of 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 May 9, 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. Definition: 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. Emphasis added to C. Administration also recommends the Council consider the option to declare the dog a "nuisance" since based on the history (3 incidents) the dog meets the definition (below) and require abatement. If the Council concurs a public hearing will be scheduled for the June 7 City Council Meeting. 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. Emphasis added to A & B. It should be noted, C/zar (Cesear) does have a current City dog license. It should also be noted staff confirmed with the veterinary clinic C/zar & Cesear is the same dog. Ms. Hoffer has been informed of the time and place of this meeting and may appear to provide testimony. The following is a chronology leading to this request: June 16, 2011 — police report stating a man was chased down the street and nearly bitten by two black Pitbull Terriers (Bella and Cesear). A citation was issued "for dog at large." August 7, 2011— police report stating a man used two black Pitbull Terriers in a fight at a party. Two men at the party were bitten by the dogs. August 10, 2011 — classifying Cesear as a "potentially dangerous" dog and hearing notification letters were mailed to Ms. Hoffer. August 23, 2011 — Ms. Hoffer chose to have Bella euthanized at the Coon Rapids Humane Society. September 6, 2011 — "dangerous dog" hearing, the Council did not pursue declaring Cesear a "dangerous dog" (9/6/11 meeting minutes attached). May 9, 2016 — police report stating two Pitbulls (C/zar and KoKo) dug under the fence and attacked a Springer Spaniel in its own fenced in yard, causing injury to her right ear. May 11, 2016 — "potentially dangerous" dog notification for KoKo was delivered by a CSO to Ms. Hoffer. May 11, 2016 — "dangerous dog" hearing notification for C/zar (Cesear) was delivered by a CSO to Ms. Hoffer. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Police reports, "Potentially Dangerous" Letter, "Dangerous Dog" letter, Council Meeting Minutes, City Code, Resolution Cc: Jamie Hoffer, 1815 Andover Boulevard NW ADDITIONALICONTINUATION NARRATIVE I REPORT NUMBER: ZA16009602 Anoka County Sheriffs Office ORI MN0020000 NARRATIVE TITLE !Fills advised that his fermle Springer Spa niel, Bristol, was on their !sack deck, in their fenced yard, when the neighbor's Pit.Bullsdugunder the fence and:attackedBristol.Willsadvisedthetwodogs were playing 'tugofwarwithher' ' ills advised he separated tie dogs and one ran back under the fence and the other+was contained by Aurnan. Wills shomfed me that Bristol was bleeding around her rig lit ear, V4IIs advised the owner "Doug" was notif ed. Wills advised that this has not been the first incident with the pit bullas. I spoke to Airman who advised she is the live in daycare provider for Burke and Hoffer_ Aurran advised she letthe dogs out and tTeydug under the fiance. Aunnan provided recentvacci nation record.;. The vaccination records indicated Burke was the owner. Aur-an advised the homeowner Hoffer is the actual owner, The two dogsare C-lar, a CS year old Pit Bull and KoKo,a i year old Pit Bull. f advised that [would L-a completing a potentially dangerous dog fonn and fbrwardin:g the report to the City of Andover. t advised Wills thatAu sTan provided proof afvaccinations.. Forward to Andover City Hall. Deputy Lori nser kw: 05-04-116 Cc.. Andover City Hall u� i= d z INCIDENVARREST REPORT REPORTNUMBER: ZA16009602 Anoka County Sheriffs Office OR14 MN0020000 DATE FROM: 05-09-2016 TIME: 11:03 AM DATE TO: TIME: REPORT DATE: 5-09-2016 TIME:11:03AM LOCATION: TYPE OF INCIDENT OFFENSE TRACT 1805 ANDOVER BLVD NW Andover MN 55304 DOG BITE CASE STATUS:DISPOSITION EXCEPTIONAL CLEARANCE CODE EXC CLEAR DATE HOWRECEIVED: TIME ASSIGNED TIME ARRIVED TIME CLEARED RELATEDTOOCA 1105 1120 1149 REPORTING OFFICER ASSISTING OFFICER REVIEWING OFFICER ZPDO0149 Lorinser, Ross P ZPDO0149 ISN STATUTEOFFENSE DESCRIPTION UCR/IBR STATUS COUNTS DEGREE 1 ANIMBITEDOG ANIMAL-DOG BITES 9000 ASSISTED/ADVISED 1 ILLI BIAS MOTIVATION PREMISE TYPE ATTEMPTED ALCOHOL DRUGS COMPUTER NONE ❑ ❑ ❑ El FORCED ENTRY UNITS ENTERED CRIMINAL ACTIVITY Liu I LL LL 1. 2. 3. 0 IMPLEMENT USED TYPE ENTRY METHOD OF ENTRY TYPE EXIT 1. 2. 3. WEAPON USED 1. 2. 3. Dog bite report. See narrative. Deputy Lorinser kw: 05-09-16 Cc: City of Andover NAME HOME CELL ADDRESS WORK EMAIL DOB AGE TOAGE Juvenile RACE SEX RESIDENT ETHNICITY SSN Pte- HEIGHT WEIGHT EYE COLOR HAIR COLOR HAIR LENGTH HAIRSTYLE DLN STATE E¢3' Ei 4�% CLOTHING AFFlLIATION Sfi SMTS EMPLOYER EMPLOYER ADDRESS RELATED OFFENSES: 2. 3. 4. 5. 8. 7. 8. SUSPECT❑ ARREST DATE/TIME DISPOSITION JUVENILE DISPOSITION ARRESTED LOCATION ❑ ARREST LOCATION COUNTY AREA SAMEAS LLJ INCIDENT LOCATION NAME CHARGES 1. 2. 3. 4. 5. e. 7. e. ARRESTING OFFICER ASSISTING OFFlCER ADDITIONAL PERSONS REPORT NUMBER: ZA16009602 Anoka County Sheriffs Office ORi MN0020000 INVOLVEMENT TYPE NAME REPORTEE WILLS, PAUL JOSEPH ZI ADDRESS WORK EMAIL 0 1805 ANDOVER BLVD NW ANDOVER MN 55304 0 DOB AGE TO AGE RACE civ RESIDENT ETHNICITY SSN LU EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE DLN STATE EMPLOYER - EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL MENTIONED ADMAN, BOBBIE JO Z ADDRESS WORK EMAIL Q 1815 ANDOVER BLVD NW ANDOVER MN 55304 0D013 `^` TOAGE RACE SEX RESIDENT ETHNICITY SSN [13 F • _�� ^^' _ \ HAIR COLOR HEIGHT F'^"' HAIR LENGTH HAIR STYLE DLN FSTATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL MENTIONED BURKE, DOUGLAS DONALD Z ADDRESS WORK EMAIL 1815 ANDOVER BLVD NW ANDOVER MN 55304 DOB AGE TO AGE "^^ SEX RESIDENT ETHNICITY SSN NI LU FVF 0n1 nn I HAIR COLOR HEIGHT � �'HT HAIR LENGTH HAIR STYLE �� u STATE PR p �9 EMPLOYER EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL OWNER HOPPER, JAM E NADINE Z ADDRESS WORK EMAIL 1815 ANDOVER BLVD NW ANDOVER MN 55304 DOB nrr TO AGE RACE SEX RESIDENT ETHNICITY SSN LU F _ F`/. ^^' ]a HAIR COLOR HEIGHT ""— HAIR LENGTH HAIR STYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENTTYPE NAME HOME CELL Z ADDRESS WORK EMAIL IDOS AGE TOAGE RACE SEX RESIDENT ETHNICITY SSN Fii EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIRSTYLE DLN STATE EMPLOYER EMPLOYER ADDRESS INVOLVEMENT TYPE NAME HOME CELL ADDRESS WORK EMAIL DOB AGE TOAGE RACE SEX RESIDENT ETHNICITY SSN EYE COLOR HAIR COLOR HEIGHT WEIGHT HAIR LENGTH HAIR STYLE DLN STATE EMPLOYER EMPLOYERADDRESS © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 3 q tes were received. She clarified the City would be able to authorize a repayme cess for reside in this neighborhood with an acceptable interest rate and a term of threars. This would he l ose residents that may not be able to cover the cost of this pro' ct at this time. She further explain the residents are in favor of this project and she has received any negative comments in reg ar it. City Administrator Dickinson ted the Council could a ove the repayment process. This would be similar to an invoice pro sand would no a assessed to the property unless payments were not made. The resident 'll be ed to sign a promissory note. Motion by Councilrnember Trude, Sec ed by uncilmember Knight, to approve the Woodland Estates Drainage Resolu ' n Proposal an ect staff to solicit quotes and obtain resident approval of quotes and receive either prep a t or repayment agreements for all residents in the project. T otion carried unanimously. Councilmember T e asked how long it would be before the quotes uld be received and the project could © City gineer Berkowitz stated quotes could be received and reviewed with the re ' ents in the couple of weeks and construction could potentially start the end of September. CONSIDER DECLARING DANGEROUS DOG11 815 ANDOVER BO ULEVARD City Administrator Dickinson stated staff is requesting the City to approve a resolution to declare a dog owned by Ms. Jamie Hoffer as a dangerous dog pursuant to City Code Title 5, Chapter 1, Section 5-1A-11. He reviewed the information with the Council and provided a chronological outline of the events that have lead staff to make this request. He stated the dog is currently labeled potentially dangerous. If it is found to be dangerous it will have to be muzzled while out for walks and kept under control at all times. If there is an additional incident the City may pursue abatement options. Ms. Jamie Hoffer, 1815 Andover Boulevard, provided information to the Council in regard to an incident, which led the dogs to biting another person. She explained the dogs were under stress and were protecting the person they were with. She also explained when the dogs were reported "running at large" the dogs had been locked in her home. There is a home in this neighborhood that fosters Pitbulis and the dogs may have come from there. She explained one of her dogs, Bella, has been euthanized because she has demonstrated aggression. Bella had caused problems with her other dog, Cesear, and would get him excited. Cesear has never attacked anyone and does not know any attack commands. She provided copies of letters signed by neighbors that stated Cesear was not a threat Mayor Gamache asked where the dogs were when the June 16, 2011 "running at large" incident Q Regular Andover City Council Meeting Minutes — September 6, 2011 Page 4 occurred. Ms. Hoffer stated the dogs had been locked in her home until she returned from the store at the same time the police officer had come to talk to her about the dogs. She explained the home down the street also has Pitbulls and they are different colors than hers. Her dogs are chocolate and black in color and the report was for 2 black Pitbulls. Councilmember Bukkila asked if the incident that resulted in a person being bitten had occurred at her residence or in another location. Ms. Hoffer explained the incident had occurred at another location but it involved her car. There were three men that were attacking the car and the dogs were defending it and the person driving the car. Councilmember Knight asked if the dogs would attack on command as the report stated. Ms. Hoffer explained the dogs do not know attack commands and do not respond to them. Cesear is the dog being discussed at this time and he has always been a gentle companion dog. © Bella would get him worked up and this is one of the reasons she was euthanized. She has a one year old and thirteen year old child in the home and Cesear is good with them. Councilmember Trude asked if the person who had the car and dogs when the incident happened lived in the home and would be considered an owner by the dogs. Ms. Hoffer explained the person who had the dogs does not live with her permanently and would not be an owner of the dogs. She explained Cesear sleeps with her and her one-year old child and does not show aggression around the family. Councilmember Trude asked if Cesear was leashed or kept in a fence when he was outside. Ms. Hoffer stated she has a line that she has Cesear tied to outside that runs from the door to a tree. She is with the dog when he is outside. There is a sidewalk in front of her house and there are school -aged kids that walk on it and Cesear has not bothered or chased them in the past. Councilmember Knight asked how big the dogs are. Ms. Hoffer stated Cesear is 70 pounds and Bella was 50 pounds. Mr. Dickinson stated when the dogs were under quarantine Animal Control reported Bella had shown aggression and after five days Cesear was not aggressive. Councilmember Bukkila stated the situation that resulted in someone getting bit was out of control and she asked where the personal responsibility was for the person who had the dogs. © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 5 She asked if this person would continue to have access to Caesar in the future. Ms. Hoffer stated she would not allow anyone to take her dog again. Mayor Gamache stated the report was unclear which dog had bitten and Cesear is considered a potentially dangerous dog at this time. If the Council does not pursue Cesear as a dangerous dog at this time it is important for Ms. Hoffer to understand how important it is she maintain control of Cesear. Ms. Susan Bender stated Cesear is a good dog and she is personally frightened of Pitbulls. Cesear would not hurt anyone based on her experience with the dog. Councilmember Trade asked if the family could ensure Ms. Hoffer does not allow other individuals to take her dog and expose them to potentially dangerous situations. Ms. Bender stated this would need to be worked out but she does not believe the dog is dangerous. ® Mayor Gamache stated the person who had the dogs was being attacked and this may have had an impact on the dogs attacking. The dog is already considered potentially dangerous and this is acceptable label based on what has been presented and the actions already taken by the owner to take responsibility for the actions of the dogs is positive. Councilmember Trade pointed out Animal Control had Cesear for 14 -days and had reported he was not aggressive. Councilmember Bukkila stated she would support the consensus of the Council and not have Cesear labeled a dangerous dog at this time. She pointed out Ms. Hoffer has taken the proper steps in the right direction to ensure this does not happen in the future. She stated if there is another incident involving Cesear the Council will not hesitate to have him declared a dangerous dog or pursue abatement. Mayor Gamache clarified the consensus of the Council was to not pursue declaring Cesear a dangerous dog at this time. 2012 PRELIMINARY TAX LEVY City Administrator -i stated the 2012 Preliminai certification is the outcome of © numerous budget workshops hel v ' . Council a outlined the preliminary levy and the corresponding operating budget. Councilmember T ated the public would like to know w a peeing with the City's 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: Michelle Hartner, Deputy City Clerk FROM: Jim Dickinson, City Administrator SUBJECT: Consider Declaring Dangerous Dog/1815 Andover Boulevard NW DATE: September 6, 2011 INTRODUCTION The following is a chronology leading to the hearing (pursuant to City Code 5-1A-11, attached Exhibit 10) to request "Cesear" be declared a dangerous dog: June 16, 2011— police report (attached Exhibit 1) stating a man was chased down the street and nearly bitten by two black Pitbull Terriers (Bella and Cesear). A citation was issued "for dog at large." August 7, 2011— police report (attached Exhibit 2) stating a man used two black Pitbull Terriers in a fight at a party. Two men at the party were bitten by the dogs. August 7, 2011— police report (attached Exhibit 3) indicates the Anoka County Sheriff s Office turned the dogs over to Animal Control (Marline Skinner) to quarantine them for 14 days, per City Code (attached Exhibit 9). August 10, 2011 — "potentially dangerous dog" (attached Exhibit 4 & 5) and hearing notification letters (attached Exhibit 6 & 7) were mailed to Ms. Hoffer. August 15, 2011— Ms. Hoffer does City license both Bella and Cesear. August 20, 2011— the quarantine period ended. Ms. Hoffer picked up both dogs from Animal Control paying all boarding and pick up fees. August 23, 2011— Ms. Hoffer chose to have Bella euthanized at the Coon Rapids Humane Society (attached Exhibit 8). DISCUSSION The attached police reports and correspondence explain in detail the circumstances of the incidents involving this dog. STAFF ANALYSIS After reviewing the incidents, it is City Administration's opinion, the primary concern with Cesear is that the dog will attack upon a command from an individual and the dog will inflict bodily harm on another individual. This has happened as documented in the attached police reports. Due to the severity and circumstances of the August 7, 2011 incident and the now known propensity and disposition of Cesear to attack unprovoked or upon command and cause injury to or threaten humans, it is City Administration's recommendation that the label of dangerous dog should be applied to Cesear. It should also be noted, Cesear does now have a current City dog license, but did not at the time of the recent incidents. Ms. Hoffer, the owner of Cesear, has been informed of the time and place of this meeting and may appear to provide testimony. ACTION REQUESTED The City Council is requested to receive a presentation from City Administration, take public testimony, allow the owner of Cesear to provided testimony and ultimately consider adopting the attached resolution (Exhibit 12) declaring the Pitbull Terrier, Cesear a dangerous dog. Attach: Exhibits 1 - 12 Cc: Jamie Hoffer, 1815 Andover Boulevard NW, Andover, MN 55304 Michelle Hartner :� VY'�--P it I Q From: Kevin Halweg X ! Sent: Tuesday, August 09, 2011 11:35 ANI To: Michelle Hartner Subject: Requested Report ANOKA COUNTY SHERIFF'S OFFICE JCF1 325 E MAIN ST, ANOKA MN 55303 1 ADDT PAGES CASENUMBER 11131796 CLASSIFICATION CODE DISP CLASSIFICATION CODE I DfSP ANIMAL COMPLAINT - DOG ON L00 109573 T CLASSIFICATION CODE - DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DIS REPORTING OFFICER(S) CS001ANDERSOHN,RAYCE DATE REPORT ED 16/16/2011 ASSIGNED 1833 ARRIVEDCLEARED 1833 1844 I EARLIEST DATEMME OCCURRED LATEST DATE/TIME OCCURRED LOCATION OF OFFENSEANCIDENT APT# GRID VALUE STOLEN VALUE DAMAGED VALUE RECOVERED 1815 ANDOVER BLVD NW, ANDOVER, MN 55304- A50 $ $ $ k AIJ I REPORTING PARTY'S NAME DATE OF BIRTH SEX I RACE I HOME PHONE (ADDRESS APT I CITY STATE ZIP WORKPHONE NARRATIVE WHILE ON ROUTINE PATROL I WAS TRAVELING SOUTHBOUND ON HANSON BLVD PASSING CROSSTOWN BLVD NW WHEN I WAS FLAGGED DOWN BY TAB. TAB STATED THAT WHILE JOGGING HE WAS CHASED DOWN THE SIDEWALK AND NEARLY BITTEN BY TWO BLACK PITBULLS FROM AN ADDRESS ON ANDOVER BLVD AND WOULD LIKE TO PRESS CHARGES AGAINST THE OWNER FOR DOG AT LARGE. I ADVISED HIM HE WOULD BE REQUIRED TO GO TO COURT AS A WITNESS FOR THE OFFENSE IF HE WANTED A CITATION ISSUED, TAB STATED THAT HE WAS WILLING TO DO SO. I TRANSPORTED TAB TO THE AREA OF THE OFFENSE WHERE HE POINTED OUT 1815 ANDOVER BLVD NW AS THE RESIDENCE THE DOGS RAN OUT FROM. I WENT TO THE RESIDENCE AND MADE CONTACT WITH JNH. I ASKED JNH IF SHE OWNED TWO BLACK PITBULLS AND SHE STATED SHE DID. I ADVISED HER OF THE INCIDENT AND THAT I WOULD BE ISSUING HER A CITATION FOR DOG AT LARGE. I ISSUED CITATION NUMBER 942-280 UNDER ANDOVER ORDINANCE 5-1A-6 AND SENT IT TO JNH VIA US MAIL, NOTHING FURTHER CLEAR CSO R. ANDERSOHN :KH 6/23111 CC: CLERK OF COURT AIJIU I CODE I NAME DOB SEX I RACE HGT WGT I HAIR I EYES11 A C TRAVIS ALAN BURKHEAD I M ADDRESS APT CITY STATE I ZIP MN ALIAS HOME/BUSPHONE WORK/ 2ND BUS PHONE CELL/PAGERIFAX ---� 1 -3- ICR for Case 11177810 W �) ANOKA COUNTY SHERIFF'S OFFICE I _ JCF CASE NUMBER o i� Lk 11177810 1 325 E MAIN ST, ANOKA MN 55303 ADDLPAGES CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP TRAF-AC-GM-3RD DEG DWI -UI ALC JF501 A CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP ACCIDENT -MS -FAIL STOP-DRVR CA J3301 CLASSIFICATION CODE DISP CLASSIFICATION COPE DISP TRAF-AC-GM-2ND DEG DWI-REFUSA JBR01 T REPORTING OFFICER(S) 19322 MCCALL, CHRISTOPHER DATE REPORTED ASSIGNED ARRIVED CLEARED I EARLIEST DATE/TIME OCCURRED LATEST DATE/TIME OCCURRED . 81712011 0159 0203 0453 LOCATION OF OFFENSEIINCIDENT APT GRID VALUE STOLEN VALUE DAMAGED VALUE RECOVERED $ 1159142 LN NW, ANDOVER, MN 55304- A70 $ $ A1J I REPORTING PARTY'S NAME DATE OF BIRTH SEX RACE HOME PHONE ADDRESS APT I CIN STATE I ZIP WORK PHONE NARRATIVE I RECEIVED A CALL OF A FIGHT IN PROGRESS AT LOCATION. AS I WAS ARRIVING IN THE AREA I MONITORED ON MY RADIO THAT THE SUSPECT WAS LEAVING INA VEHICLE. I SAW AVEHICLE DRIVING AWAY FROM THE INCIDENT LOCATION AND I STOPPED IT AT THE INTERSECTION OF XEON ST NW AND 142 LN NW. I IDENTIFIED THE DRIVER AS DOUGLAS DONALD BURKE , WHO WAS ALSO THE SUSPECT IN THE FIGHT. DOUGLAS ADMITTED TO BEING INTOXICATED, HE REFUSED THE FIELD TEST AND HE PBT AT A 0.296.1 PLACED DOUGLAS UNDER ARREST FOR DWI. I TRANSPORTED HIM TO MERCY HOSPITAL SO HE COULD BE TREATED AND THEN DEPUTY TSCHIDA TRANSPORTED HIM TO JAIL WHERE HE WAS BOOKED FOR 3RD DEGREE DWI AND 2ND DEGREE DWI TEST REFUSAL. SEE SUPPLEMENT FOR FULL NARRATIVE. DEPUTY CHRIS MCCALL 246 ACSO KW: 08-08-11 CC: ANDOVER ATTY DVS CLERK OF COURTS SUPPLEMENT OFFICER: 19557 PIPER, JEFFREY SEE SUPPLEMENT. DEPUTY PIPER KW: 08-08-11 A/JN CODE NAME DOB SEX RACE NGT WGT HAIR EYES A A DOUGLAS DONALD BURKE M ADDRESS APT CIN STATE ZIP •MN ALIAS HOMEIBUSPHONE WCRK12NDBUS PHONE CELL/PAGER/FAX A/1111 I CODE NAME DOB SEX RACE I IGT I WGT HAIR I EYES �Lt- httDs://accr.ci.coon-raDids.mn.us/icr.asp?Case. Number=11177810&Jurisdiction=MN002.. 08/09/2011 SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 11-177810,11-177838,11-177839 OFFENSE: DWI es Stp a� COMPLAINANT: ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I RECEIVED A CALL OF A FIGHT IN PROGRESS AT LOCATION. ION. THE CALL SAID THAT THE SUSPECT WAS USING HIS DOGS IN THE FIGHT. AS I ARRIVED IN THE AREA I MONITORED ON THE RADIO THAT THE SUSPECT WAS LEAVING IN A VEHICLE. AT THE SAME TIME I NOTICED A VEHICLE DRIVING AWAY FROM THE INCIDENT LOCATION. I STOPPED THE VEHICLE AT THE INTERSECTION OF XEON ST NW AND 142 LN NW. I WAS FACING THE VEHICLE HEAD ON AND THE DRIVER STEPPED OUT OF THE VEHICLE. I ASKED THE DRIVER IF HE WAS'DOUGIE", THE SUSPECT FROM THE FIGHT. HE SAID YES HE WAS DOUGIE, LATER IDENTIFIED AS DOUGLAS DONALD BURKE , THERE WERE TWO LARGE DOGS INSIDE THE VEHICLE BUT THERE WERE NO OTHER PASSENGERS. DOUGLAS HAD BLOOD ALLOVER HIS SHIRT AND HIS SHORTS. I LOOKED HIM OVER TO DETERMINE THE SERIOUSNESS OF THE WOUNDS. DOUGLAS HAD ONE CUT ON HIS FOREARM, APPROXIMATELY 1 INCH LONG THAT APPEARED AS IF IT MAY NEED STITCHES. I ORDER AN AMBULANCE TO THE SCENE. DOUGLAS SAID THE INJURES WERE FROM THE FIGHT. I ASKED DOUGLAS WHAT WAS GOING ON. HE SAID HE WAS AT THE PARTY AT THE LOCATION AND HE SAW A BOYFRIEND AND A GIRLFRIEND GETTING INTO AN ARGUMENT. DOUGLAS SAID THAT WHEN HE TRIED TO STAND UP FOR THE GIRL, THE GUY AND HIS FRIENDS TRIED TO FIGHT HIM. DOUGLAS WOULD NOT ELABORATE ON HOW THE FIGHT HAPPENED OR WHO ASSAULTED WHO. DEPUTY MOBRATEN AND DEPUTY PIPER WERE ALSO ON SCENE TO ASSIST. V I V Ivy v na�.._.aw.,;,;w.t.�'d-.,.s'w.i....sw.vw:.m,>w�s..-a.,-.«,.�..-.T._... Af�D HIS DOCS, SEE HIS SUPPLEMENT FOR FULL NARRATIVE. DEPUTY MOBRATEN GOT THE VICTIM INFORMATION OF THE INDIVIDUAL WHOSE VEHICLE WAS STRUCK BY DOUGLAS AS HE WAS TRYING TO DRIVE AWAY FROM THE SCENE. SEE DEPUTY MOBRATEN'S SUPPLEMENT FOR FULL NARRATIVE. I CONTACTED SGT HUNT ABOUT THE FIGHT AND HE HAD ME CONTACT DETECTIVE NELSON FROM CID. DETECTIVE NELSON SAID HE WAS UNSURE ABOUT HOW TO CHARGE DOUGLAS FOR USING THE DOGS IN THE FIGHT. HE SAID TO BOOK DOUGLAS INTO JAIL ON THE GROSS MISDEMEANOR DWI AND HE WOU LSD FIGURE OUT HOW TO CHARGE OUT THE ASSAULTS. I ASKED DOUGLAS IF HE HAD BEEN DRINKING AND HE SAID YES. I ASKED HIM TO FACE ME SO THAT I COULD PERFORM THE STANDARD FIELD SOBRIETY TESTS. I STARTED WITH THE HORIZONTAL GAZE NYSTAGMUS. I ASKED DOUGLAS IF HE HAD ANY PROBLEMS WITH HIS EYES AND HE SAID YES BECAUSE HE WAS INTOXICATED. I ASKED IF HE HAD ANY MEDICAL ISSUES WITH HIS EYES AND HE SAID NO. I CHECKED FOR EQUAL TRACKING AND EQUAL PUPIL SIZE. DOUGLAS HAD LACK OF SMOOTH PURSUIT IN BOTH OF HIS EYES. HE HAD NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH OF HIS EYES. HE ALSO HAD NYSTAGMUS IN BOTH OF HIS EYES PRIOR TO 45 DEGREES. THIS OFFENSE IS DECLARED: Unfounded (] SIGNED: DATE' Cleared by Arrest (] Investigating Officer Exceptionally Cleared ( ] Inactive (Not Cleared) (] SIGNED: DATE: Refer to other Aeenov f I Chief or Commanding Officer Tlus Form is Used by Officer Assigned to a Case to Report Progress After Thee and Seven Days and Weekly lhereaner. Also ro AepoT r PAGE 2 CASE #11-177810 DEPUTY MCCALL e� 6� tA I THEN ASKED DOUGLAS TO PERFORM THE ONE LEG STAND TEST. BEFORE I COULD EXPLAIN AND DEMONSTRATE THE TEST DOUGLAS SAID THAT HE WOULD NOT DO THE TEST. I THEN ASKED HIM IF HE WOULD DO THE WALK AND TURN TEST AND HE SAID NO. I ASKED HIM IF HE WOULD SUBMIT TO A PBT AND HE SAID YES. DOUGLAS WAS VERY CONFRONTATIONAL WHEN I TRIED TO ADMINISTER THE PBT. HE REFUSED TO GIVE A SAMPLE. AFTER A SHORT DISCUSSION WITH DOUGLAS HE FINALLY SAID HE WOULD GIVE A PBT SAMPLE. I USED PBT SERIAL NUMBER 1233057. HE GAVE A FAIR SAMPLE AND THE READING WAS 0.296. ALLINA WAS ON SCENE AND I HAD DOUGLAS WALK BACK TO THE AMBULANCE SO THAT THEY COULD TREAT HIS CUTS AND SCRAPES. THE RUN NUMBER FOR THE ALLINA AMBULANCE WAS 110261805. ONE OF THE PARAMEDICS TOLD ME THAT DOUGLAS WOULD HAVE TO GO TO THE HOSPITAL TO GET THE ONE CUT STITCHED UP. THEY PUT BANDAGES ON ALL OF THE CUTS AND SCRAPES. AT THIS POINT I TRIED TO READ DOUGLAS THE MOTOR VEHICLE IMPLIED CONSENT ADVISORY. SINCE I WAS GOING TO SEND DOUGLAS TO THE HOSPITAL IN THE AMBULANCE I DID NOT HAVE HANDCUFFS ON HIM. AS I READ THE IMPLIED CONSENT I ALSO HAD MY DIGITAL RECORDER RUNNING. WHEN I GOT TO THE END OF THE IMPLIED CONSENT I ASKED DOUGLAS IF HE UNDERSTOOD WHAT I JUST EXPLAINED AND HE SAID NO AND THAT HE WASNT PAYING ATTENTION. I TRIED READING THE IMPLIED CONSENT AGAIN AND DOUGLAS KEPT INTERRUPTING ME. HE WAS ASKING IF HE WAS GOING TO GO TO JAIL. I TOLD HIM THAT FIRST HE HAD TO GO TO THE HOSPITAL BUT THEN HE WOULD GO TO JAIL FOR THE DWI. DOUGLAS BECAME VERY AGITATED AT THIS POINT. EVERY TIME I TRIED TO READ DOUGLAS THE IMPLIED CONSENT IN THE AMBULANCE HE REFUSED TO PAY ATTENTION AND HE WOULD INTERRUPT ME BY ASKING THE SAME QUESTIONS AS BEFORE, "AM I GOING TO JAIL". AT THIS POINT IT WAS APPARENT THAT DOUGLAS HAD BECOME UNCOOPERATIVE. I TOLD DOUGLAS TO STAND UP AND THAT HE WAS UNDER ARREST FOR DWI. I PLACED HANDCUFFS ON HIM, DOUBLE LOCKED AND CHECKED FOR TIGHTNESS. I PLACED DOUGLAS IN THE BACK SEAT OF MY SQUAD CAR. I GOT INTO THE DRIVER SEAT OF MY SQUAD CAR AND I TRIED TO READ THE IMPLIED CONSENT MULTIPLE TIMES. AGAIN DOUGLAS WAS UNCOOPERATIVE AND HE REFUSED TO LISTEN TO ME. EVERY TIME I ASKED IF HE UNDERSTOOD WHAT I EXPLAINED HE SAID NO AND FOLLOWED IT UP WITH SOME FOUL LANGUAGE. DOUGLAS DID COMPLAIN ABOUT THE TIGHTNESS OF THE HANDCUFFS. I EXITED THE VEHICLE AND ADJUSTED THE HANDCUFFS SO THAT I COULD FIT MY WHOLE FINGER IN THE SPACE BETWEEN THE CUFFS AND HIS WRISTS. i DOUBLE LOOKED THE HANDCUFFS AGAIN. DOUGLAS HAD PLENTY OF ROOM 1N THE HANDCUFFS. SINCE DOUGLAS REFUSED TO LISTEN TO ME WHEN I READ THE IMPLIED CONSENT, MULTIPLE TIMES, HE WAS CONSIDERED TO HAVE REFUSED THE TEST. I TRANSPORTED DOUGLAS TO MERCY HOSPITAL WHERE HIS CUTS WERE TREATED. ON THE WAY TO THE HOSPITAL DOUGLAS WAS VERY VULGAR AND CONFRONTATIONAL. DOUGLAS ASKED ATONE POINT IF THE VIDEO CAMERA WAS ON AND I SAID YES. HE THEN BEGAN TO SAY THAT HIS HANDCUFFS WERE TOO TIGHT AND IT WAS CUTTING OFF THE CIRCULATION TO HIS HANDS. AGAIN, WHEN I ADJUSTED THE HANDCUFFS BACK AT THE STOP LOCATION I COULD FIT MY WHOLE INDEX FINGER INSIDE THE AREA BETWEEN THE HANDCUFFS AND HIS WRISTS. DOUGLAS HAD PLENTY OF ROOM IN THE HANDCUFFS. SEE SQUAD VIDEO FOR FULL TRANSPORT AUDIO. WHILE AT MERCY THE DOCTOR TREATED HIS CUT AND THEN RELEASED HIM BACK INTO DEPUTY TSCHIDA`S CUSTODY TO BE TRANSPORTED TO THE ANOKA COUNTY JAIL. DOUGLAS WAS BOOKED ON 3RD DEGREE DWI, 2ND DEGREE DWI TEST REFUSAL, AND DRIVING AFTER CANCELED IPS. THIS OFFENSE IS DECLARED: Unfounded SIGNED: DATE: Cleared by Arrest [ l Investigating Officer Exceptionally Cleared [] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer Ms Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. LA_ q PAGE CASE #11-177810. DEPUTY MCCALL THE SQUAD VIDEO STOPPED SOMETIME AFTER MY INITIAL CONTACT AND I STARTED THE VIDEO AGAIN. THERE SHOULD BE TWO SQUAD VIDEOS CLASSIFIED WITH THE DUI. I GAVE DOUGLAS'S COPIES OF HIS NOTICE AND ORDER OF REVOCATION AND HIS LICENSE PLATE REVOCATION TO THE JAIL STAFF TO PUT IT INTO HIS PROPERTY. DOUGLAS PENDING CHARGES SHOULD BE 2ND DEGREE DWI, THE TEST REFUSAL, MULTIPLE ASSAULTS WITH HIS BARE HANDS AND THE LISE OF HIS DOGS, POSSIBLY PIT BULLS, AND HIT AND RUN PROPERTY DAMAGE ACCIDENT. WHILE I WAS AT THE HOSPITAL A NURSE PUT ME INTO CONTACT WITH ANOTHER VICTIM FRO DOUGLAS'S DOGS. I MADE CONTACT WITH ERIC JAMES BECHNER i ERIC SAID THATM AFTER DOUGLAS LEFT THE HOUSE, HE AND HIS FRIEND'S WALKED OUTSIDE. ERIC SAID DOUGLAS WAS OUTSIDE AND HE KNOCKED THE BEER OUT OF ONE OF HIS FRIEND'S HANDS. ERCTHEN-SAW DOUGLAS MOVE TOWARDS HIS VEHICLE ANaD>HE RlD.1�E WASQ1�lTO_S�C HIS DOGS ON EI�I IC SAID TH iaOGS RAN OU�F TH DOUGLAS OPENED THE CAR DQOR AND SSD "SIC. EI1,�" __ E. =t�r�� noir; Ri oN l�riRuinir Anin GROWLING. ERIC„REACHED;OVER TO HELP OIy Q- ..ULS�D S IT HIS ARM. I TOOK PICTURES OF THE IT SHOULD BE NOTED THAT I TOOK PICTURES OF THE HANDCUFFS ON DOUGLAS AT THE HOSPITAL. I ASLO TRIED TO TAKE AS MANY PICTURES OF HIS INJURIES AS I COULD BUT HE BECAME CONFRONTATIONAL AGAIN AND HE WOULD HIDE HIS ARMS SO THAT I COULD NOT GET GOOD PICTURES. NO FURTHER ACTION TAKEN. CLEAR DEPUTY CHRIS MCCALL 246 KW: 08-08-11 THIS OFFENSE IS DECLARED: Unfounded [) SIGNED: DATE: Cleared by Arrest [) Investigating Officer Exceptionally Cleared [ ] . Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by OfficerAssigaed to a Case to Report Progress After Three and Seven Days and Wee3dy Thereafter_ Also to xeport Srgmncant vevelopmencs. pkv'W 3 r 1 6� SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 11-177810,11-177838,11-177839 OFFENSE: '0mes st6aa t COMPLAINANT: �o ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I RESPONDED TO THE AREA OF 1159142 LN NW ON AN ASSAULT. UPON ARRIVAL, DEPUTY MCCALL, 4A57 HAD A VEHICLE STOPPED AT THE INTERSECTION OF 142 LN NW AND XEON ST NW, RELATED TO THE CALL. I SPOKE WITH ADAM ROBERT MAXFIELD , WHO WAS AT A PARTY AT 1159 142 LN NW. ADAM STATED AN INDIVIDUAL, LATER IDENTIFIED WITH MN ID CARD AS DOUGLAS DONALD BURKE WAS AT THE PARTY AND CAUSING PROBLEMS, ADAM STATED DOUGLAS LEFT THE HOUSE AND WALKED TO HIS CAR. ADAM SAID HE AND TWO OTHER PARTY GOERS WALKED OUT TO ADAM'S CAR WHEN DOUGLAS ASKED THEM FOR A CIGARETTE. ADAM SAID NOBODY HAD A CIGARETTE, SO pAoG y11 DOUGLAS GRABBED A BOTTLE OF BEER OUT OF ANOTHER PERSON'S HAND AND THREW IT ON THE 1 GROUND. , AM.4.1,P.�E T1y A� AW.UaL1Gi PS QPE.N�TJJF D_OOR.TO;I�iS CAR ERS HE HAD BWOr€?I.T_ b' _ - Q— 0- .-....... CA , ndnER Tur-c inln Cry OF BOTH ARMS AND I SPOKE TO A SECOND VICTIM, CHRISTOPHER WILLIAM REICHERT CHRISTOPHER STATED HE SAW DOUGLAS ARGUE WITH PEOPLE AT THE PARTY AND LEAVE THE HOUSE. CHRISTOPHER SAID HE NEXT SAW DOUGLAS BY HIS VEHICLE WHEN DOUGLAS ASKED FOR A CIGARETTE. CHRISTOPHER SAID DOUGLAS "SUCKER PUNCHED"HIM IN THE LEFT EYE, USING HIS RIGHT CLOSED HAND.{ CHRISTOPHER'S LEFT EYE WAS BLACK AND BLUE AND SWOLLEN. CHRISTOPHER SAID HE WAS NOT t SURE HOW, B.UZ.HE.ST6ZEDJDD6lGLQS SO:MEHQW,,::CALLE.D_,I!iF-.:DO.GS-O.UTAF.IHE.VEHICI-E. CHRISTOPHER HAD BiT.,�VIARKS ON,:HIS,.LEIZ,LEG PHOTOS WERE TAKEN OF ADAM AND CHRISTOPHER'S INJURIES. BOTH CHRISTOPHER AND ADAM WANTED TO PRESS CHARGES FOR ASSAULT. DOUGLAS WAS TAKEN INTO CUSTODY BY DEPUTY MCCALL. THE DOGS WERE PITBULLS NAMED CEASAR AND BELLA. THE DOGS WERE7UBNED 0 fB—TO ANIMAL rnnl rQnl f1FF1C FR nnnRl FNP- I SPOKE WITH OLVE OF_T.tjEJaOG_OWNERS, JAMIE N?I DINE HOPPER ` NO FURTHER ACTION. CLEAR. ADAM'S CASE NUMBER 11177839 CHRISTOPHER'S CASE NUMBER 11177838 FORWARD TO ANDOVER CITY PROSECUTOR DEPUTY PIPER KW: 08-08-11 THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest 1 ] Investigating Officer Exceptionally Cleared [ ] Inactive (Nat Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Tlsee and Seven Days and Weekly Thereafter. Also to Report Signiflcant Developments —00— C IT Y OO F ,J. �IT l !V3 t RST 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US August 10, 2011 Jamie N. Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: Your Pitbull, Caesar has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it bit two men on August 7, 2011. All dogs in the City must be licensed in the city. Our records indicate that your dog is not licensed. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. Your dog will need to be licensed before you pick it up from Animal Control after the quarantine period. 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 763-755-5100. Sincerely, Michelle Hartner Deputy City Clerk Enclosure -to - NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV May 11, 2016 Jamie Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: This notice is to inform you a hearing has been scheduled for May 17, 2016 at 7:00 p.m. at Andover City Hall to consider classifying your Pitbull, C/zar(Cesear) 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 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, �4� Michelle Hartner Deputy City Clerk Enclosure 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 1 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) 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 120. 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, 11-4-1997) 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 . I 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. 1 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. A RESOLUTION DECLARING A DOG OWNED BY JAMIE HOFFER, 1815 ANDOVER BOULEVARD NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, on June 16, 2011 a Pitbull Terrier named C/zar (Cesear) owned by Jamie Hoffer, 1815 Andover Boulevard NW, Andover has been allowed to run at large; and WHEREAS, on August 7, 2011, said dog was used in a fight at a party and bit two men; and WHEREAS, on August 10, 2011 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on May 9, 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 and testimony at the hearing to hereby declare a Pitbull Terrier, C/zar (Cesear) owned by Jamie Hoffer, 1815 Andover Boulevard 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 Jamie Hoffer a copy of the resolution. Adopted by the City Council of the City of Andover this 17`h day of May, 2016. CITY OF ANDOVER Attest: Julie Trude — Mayor Michelle Hartner — Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule June EDA meeting DATE: May 17, 2016 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the June 7, 2016 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Monument Entrance Signage 3. Depot Pond - Signage 4. Redevelopment Updates 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the June 7, 2016 City Council meeting. itted, 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: Schedule June Council Workshop DATE: May 17, 2016 ACTION REQUESTED Schedule Council workshop for the month of June. Below is a suggested date: 6:00 pm on June 28th; or Another date acceptable to the Council DISCUSSION The Council is requested to schedule a Council Workshop for the month of June for a number of miscellaneous business items identified as follows: 1. Joint CIP meeting with Parks & Recreation Commission -Administration 2. Comprehensive Plan Update Discussion - Planning 3. Planning Topics -Administration 4. 2017-2021 CIP Development Discussion -Administration 5. 2017 Budget Development Discussion -Administration 6. May 2016 Budget Progress Reports -Administration 7. May 2016 City Investments Review -Administration 8. Other Topics Other items may be added upon Council request or operational need. nitted, C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report May 17, 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. nitted, ANDOVEA T Y O F 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 17, 2016 City Council Meeting DATE: May 17, 2016 The City Council is requested to receive the following supplemental information. Discussion Items Item #23. Public Hearing - Consider Declaring a Nuisance Dog/2045-142nd Lane NW (Supplemental) — Administration Item #25. Consider Classifying a "dangerous dog"/1815 Andover Boulevard NW (Supplemental) — Administration ctfully submitted, � C Jim ickinson FA- r a,;, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Harmer, Deputy City Clerk SUBJECT: Nuisance Dog (Supplemental) DATE: May 17, 2016 DISCUSSION Attached is a supplemental letter from a resident of the neighborhood where the Rottweiler lives. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Letter Michelle Hartner From: Tyler Stevens! Sent: Monday, May 16, 2016 4:30 PM To: Michelle Hartner Subject: Upcoming hearing regarding dog named Chloe Hello Michelle, My name is Tyler Stevens and I live at 2038 142nd Ln NW, directly across the street from the house where Chloe's owners (Sheltie and Vince) live. I believe you've already been in contact with my wife Andrea a bit regarding this issue but I thought I would just add my 2 cents. In my opinion this case has gone way further than it ever needed to, but unfortunately Chloe's owners have completely failed to take responsibility for their dog after being constantly asked to keep her under control by a large number of neighbors. I personally have gone over and talked to them at least 5 times... mostly because they allowed Chloe to roam free and she favored our yard as her place to leave droppings. We never called the police for any of this because I figured just talking to them would be enough, but I was proven wrong a number of times ... but still I never called the police, mostly because it was just an annoyance and I didn't feel it warranted me calling. I do however believe that a number of other people did call to report the dog roaming free over the coarse of the last few years. My wife did finally call one time but that was only after Chloe got loose and ran after a girl and her small dog in the street and Chloe jumped all over the dog and the girl was knocked down in the process. Neither was hurt but Andrea had had enough by then and I agreed that they should be notified. The sad thing is that now Chloe's owners blame Andrea and me for getting them in all this trouble with the city ... in fact we've already been yelled at twice by the man that lives there (Vince is his name) stating that we are making him kill his dog and all of this sort of thing. They don't seem to understand that it is an entire neighborhood of people that are tired of their dog running loose and they are 100% at fault for this entire situation. I understand that tomorrow (May 17th) there will be another meeting to determine if Chloe should be found a nuisance and possibly order the owners to either remove the dog from the city or have her put down. I am not sure that I will be able to attend but I felt I could add some perspective. I don't mean to speak for others, however I don't believe that anyone in the neighborhood truly wants the dog to be put down or anything like that ... we just want to be able to walk down the street without worrying if Chloe will get loose is all. That and to not have to pick up her rather large piles of droppings in our yards! As I said before I feel that this has gone way farther than it ever should have, but thanks to the owner's negligence and disregard for the collective wishes of the neighborhood it's gotten to this point. All they need to do (or needed to do) is/was to keep Chloe properly confined to their yard ... why that has been such a challenge is beyond me. I will admit that they did improve their efforts to some degree and Chloe has at least not been just left to run loose anymore, but I believe that she's still managed to get loose a few times while people are walking by with their dog, and that's not a good situation. So, hopefully this gives you some insight as to what has been going on here. It less a situation of a "bad dog", and more a situation of bad pet owners. Please fee free to let me know if you have any questions about anything I've stated here. Thank you, Tyler Stevens 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 Clerk SUBJECT: Declare Dangerous Dog (Supplemental) DATE: May 17, 2016 DISCUSSION Attached is a supplemental letter and photos from the resident whose dog was attacked by Pitbulls C/zar and KOKO. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Letter and photos Michelle Hartner Deputy City Clerk City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 RE: Wills Statement on dangerous dog classification Dear Ms. Hartner: We live at 1805 Andover Blvd N.W. and, this letter is about 2 recent incidences we have with the 2 pit bulls, C-Zar and KoKo, that live next doorto us. A few weeks ago, when coming home from an errand, I let Bristol into the back yard. While in the house 1 noticed movement in the back yard, and saw the neighbors 2 dogs were in our back yard. 1 was able to get Bristol in the house without any interaction with the pit bulls. I went next door and tried several times to contact the neighbors to let them know their dogs were in our yard. After more than 30 minutes, the door was answered by their live in babysitter. She came into our back yard to retrieve the bigger dog (C-Zar) while the smaller one (KoKo) ran back through the hole that was broken in the fence. On Monday, May 9, 2016 while our dog was out in our fenced in back yard, the neighbors dogs were at the fence barking at her. While in the house, we heard a commotion on the deck, and Bristol cry out in pain. When I got to the sliding door, I saw the neighbors pit bulls attacking Bristol. I went outside, yelled at the dogs and kicked KoKo to get her off of Bristol. They got off of Bristol, and yelled at my wife to get her in the house. At the time she was shaking in fear, and blood was coming from her ear. I went next door to inform the neighbors their dogs were in our yard and attacked our dog. KoKo had ran back through the hole they created, and the babysitter retrieved C-Zar. After the dogs were gone from our back yard, we noticed the fence was broken through and a hole dug under it. One of the owners, Doug, was notified of the attack, and the police were called. Bristol was brought to Pine Ridge Animal Hospital, but they were unable to care for her. She was then brought to Affiliated Emergency Vet in Blaine. After an examination, it was found that she had a puncture wound to her ear, a wound on her neck, and puncture wounds on her back end. The neck wound required stitches and a drain, and she was prescribed antibiotics and pain medication. On Thursday, May 12', she was seen at Pine Ridge Animal Hospital for an examination and given a cone to allow her wounds to heal. On Monday, May 16'', she was again seen at Pine Ridge Pet Care for an examination and rar,c I prescribed another antibiotic and a disinfectant solution for the wound on her back end. She has another appointment scheduled for May 24th for removal of the stitches. We are providing this statement because of our concerns about the safety of our dog and our grandchildren that are frequently at our home. We do consider these dogs dangerous. If you have any additional questions, please feel free to contact us. Sincer a Paillsills 18;5 Andover Blvd NW Andover, MN 55304 Mary Doyle Attachments: Affiliated Emergency Veterinary Service Discharge Instructions Pine Ridge Animal Hospital 12May2016 Statement Pine Ridge Animal Hospital 16May2016 Statement Photograph Bristol neck wound Photograph Bristol ear puncture Monday, May 16, 2016 CIient Information: Paul Wills 1805 Andover Blvd Andover, MN 55304 Tentative Diagnosis: Puncture wounds Dispensed Items: ITEM DESCRIPTION Cephalexin 500mg Caps Carprofen (Novox)100mg Tabs 11850 Aberdeen St NE Blaine, MN 55449 (763)754-5000 Patient Information: Bristol (# 307424) Spaniel, English Springer, 3 Yrs. 0 Mos. Spayed Female DISCHARGE INSTRUCTIONS Admission Date: Monday, May 9, 2016, 01:52 PM QUANTITY DIRECTIONS 14.00 Give 1(ONE) capsule by mouth every 12 hours until gone. For Veterinary Use Only. 7.00 Please give 1/2 tablet by mouth every 12 hours until gone to relieve pain/inflammation. If vomiting or black/tarry stool develops, STOP and call your vet Discharge Instructions written by Dr. McCormick, DVM: 1. Medications- Start medications when you get home. 2. Offer food and water as usual when Bristol is fully awake. 3. Keep Bristol quiet until sutures are removed. 4. Wound care- Drainage from the wound will likely occur for the next 24-48 hours. be removed in 10-14 days. 5. See your veterinarian in 2 to 3 days for a progress exam. Keep the neck bandaged. The sutures can 6. Notify us or your veterinarian if swelling increases or Bristol stops eating seems painful, lethargic, or if other signs develop or worsen. Further diagnostics or therapy may be needed. If there is a small bandage on Bristol's leg from a blood draw or IV catheter placement, please remove it when you get home. It need only stay on for 30 minutes. Thank you for allowing us to care for your pet Please feel free to contact our office if you have any questions or concerns. Bristol's medical record can also be accessed online, follow the link at www.aevs.com. Please expect a delay of 1-2 business days for account approval. For more information about your pets health condition and/or medications, go to www.veterinarypartner.com. For more information about Affiliated Emergency Veterinary Service and to complete our online survey, go to www.aevs.com. Visit us on Facebook Affiliated Emergency Vet Service BL Blaine 1 of 4 Initial Medical Exam Mary McCormick, DVM Monday, May 9, 2016 15:24 Affiliated Emergency Vet Service BL Blaine 2 of 4 H;!sko ^ Notes: 2 dogs (Pit Bulls) broke through the wood fence and attacked Bristol. Bristol has no hx problems, no meds, no allergies. Rabies is current The other dogs rabies are current Bristol was taken to Pine Ridge who sent them here for care. They have not started treatment yet F3tam• -- Pain Score (1-5): 1/5 Appearance: BAR Hydration: Adequate Eyes: Normal menace, palpebral, PLR OU Ears: Rightpinnais bleeding Nose: NSF Oral Cavity- No noted ulcers or petechiations Heart/Lungs: No murmur arrh hmia, strong synchronous femoral pulses, lungs auscult clear, eu neic Abdomen: Soft, non-painful, no palpable masses Musculoskeletal: Ambulatory x4, normal gait BCS: 3/S Neurological: Normal mentation, no deficits Urogenital: Smooth, symmetrical kidneys, non-painful urinary bladder Skin: Wounds on neck, right pinna, right hi Lymph Nodes: NSF Rectal Exam: Not Performed Comments: 5!9!2016 2:32 PM Vital Sign 653 Weight 18.4 kilograms Temp 102.8 Pulse 180 Resp 30 M.M. Pink CRT 1 Second Problem list Multiple bite wounds Recommendations Chem10, PCV TP, Temp IV catheter, Hydromorphone, Anes_ Client Election As Recommended. Plan 2mg Hydromorphone IV Temp IV catheter Affiliated Emergency Vet Service BL Blaine 2 of 4 Affiliated Emergency Vet Service BL Blaine 3 of 4 DATE/TIME REFERENCE RANGE RESULT TEST 5/9/2016 = 52.4% PCV 5/9/2016 = 330 PM TIME 5/9/2016 - = 6.6 g/dI TPP Lab Comments: Manually entered. DATE/TIME REFERENCE RANGE RESULT TEST 5/9/2016 74-143 =102 mg/dL GLU 5/9/2016 7-27 =17 mg/dL BUN/UREA 5/9/2016 0.5- 1.8 = 0.4 mg/dL (L) CREA 5/9/2016 =43 SUN/CREA 5/9/2016 5.2 - 8.2 = 6.5 g/dL TP 5/9/2016 2.3-4.0 = 3.5 g/dL ALB 5/9/2016 2.5-4.S = 3.0 g/dL GLOB 5/9/2016 =1.2 ALB/GLOB 5/9/2016 10 -125 = 58 U/L ALT 5/9/2016 23 -212 = 24 U/L ALKP Affiliated Emergency Vet Service BL Blaine 4 of 4 "The Most Comprehensive & Compassionate Pet Health Care Available Anywhere" FOR: Mary Doyle Printed. 05-12-16 at 12:19p 1805 Andover Blvd NW Date: 05-12-16 Andover, MN 55304 Account: 6056 Invoice: 313457 Date For Qty Description Price Discount Net Price Services by Kay Roe, DVM 05-12-16 Bristol 1 Your vet today was Dr. Roe 0.00 05-12-16 1 Your Technician today was Shalene 0.00 05-12-16 1 Problem Focused Re Exam Consul 57.00 05-12-16 1 Custom Care Collar 30#* 32.69 Services by 05-12-16 #SP Visa payment -92.02 Old balance Charges Tax Payments New balance 0.00 89.69 *2.33 92.02 0.00 Reminders for. Bristol (Weight: 40.6 lbs - 4y) Last done 10/16 Rabies 1 Vaccination 05/16 Wellness Examination 2 05/16 Distemper/Parvo Vaccination Next appointment for Bristol Qpy �' 05 1fi-16 At 8 2Ua � W�th� Kay Roe, DVIV("`� ,-a Treatments: Problem Focused Re Exam Consul Thank you for choosing VCA PineRidge Animal Hospital! Where your pet's health is our top priority, and excellent service is our goal! I VV -I JJ-JJL 1 "The Most Comprehensive & Compassionate Pet Health Care Available Anywhere" Printed: 05-16-16 at 8:27a FOR: Mary Doyle Date: 05-16-16 1805 Andover Blvd NW Account: 6056 Andover, MN 55304 Invoice: 313615 Date For Qty Description Price Discount Net Price Services by Kay Roe, DVM 05-16-16 Bristol 1 Nolvasan (Dilute) 4 Oz.* 17.83 05-16-16 1 Problem Focused Re Exam Consul 57.00 05-16-16 10 Simplicef 100mg Tablets* 36.25 05-16-16 1 Your Technician today was Melissa 0.00 05-16-16 1 Your vet today was Dr. Roe 0.00 Services by 05-16-16 #SP Visa payment -114.93 Old balance Charges Tax Payments New balance 0.00 111.08 *3.85 114.93 0.00 Reminders for: Bristol (Weight: 39.2 lbs - 4y) Last done 10/16 Rabies 1 Vaccination 05/16 Wellness Examination 2 05/16 Distemper/Parvo Vaccination Thank you for choosing VCA PineRidge Animal Hospital! Where your pets health is our top priority, and excellent service is our goal! !ll or _.- Pit