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HomeMy WebLinkAboutCC - November 15, 20161685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, November 15, 2016 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/18/16 Regular; 10/25/16 Workshop; 11/1/16 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Removal of 3 Way Stop Sign/143`a Avenue NW & Xenia Street NW - Engineering 4. Approve Removal of 3 Way Stop Sign/140th Avenue NW & Underclift Street NW - Engineering 5. Approve Removal of 4 Way Stop Sign/1381h Lane NW & Underclift Street NW- Engineering 6. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/16-42/14317 Crosstown Blvd. NW/SS — Engineering 7. Accept Resignation/Park and Recreation Commission Member — Engineering 8. Approve Appointment to Park and Recreation Commission —Engineering 9. Approve Installation of Street Light/149`h Avenue NW & Crosstown Boulevard NW —Engineering 10. Declare Surplus Equipment — Finance 11. Approve Amended Snow Removal and Ice Control Policy — Public Works 12. Approve Cleaning Services Contracts/CMT Diversified & First Impressions Building Services LLC - Finance 13. Approve LMCIT Liability Coverage —Administration Discussion Items 14. Anoka County Sheriff s Office Monthly Report — Sheri 15. Discuss/Approve Resolution for the Sale of Bonds - Administration 16. Discuss/Approve Ordinance Granting a Franchise to CenturyLink - Administration 17. Interim Use Permit Amendment/Mining/Mark Smith - Planning 18. Andover Pollinator Awareness Project (APAP) Update — Engineering 19. Review of Fox Meadows Park Layout/14-15 - Engineering Staff Items 20. Canvass Results/General Election —Administration 21. Schedule December EDA Meeting —Administration 22. Administrator'sReport —Administration Mayor/Council Input Adjournment t C I T Y 0 F �- 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 Administn FROM: Michelle Harmer, Deputy City SUBJECT: Approval of Minutes DATE: November 15, 2016 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: October 18, 2016 Regular October 25, 2016 Workshop November 1, 2016 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. submitted, e Hartner City Clerk Attach: Minutes REGULAR ANDOVER CITY COUNCIL MEETING — OCTOBER 18, 2016 MINUTES 9 10 The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie 11 Trude, October 18, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich 15 Councilmember absent: None 16 Also present: City Administrator, Jim Dickinson 17 Director of Public Works/City Engineer, David Berkowitz 18 City Attorney, Scott Baumgartner 19 Others 20 21 22 PLEDGE OFALLEGIANCE 23 24 SPECIAL PRESENTATION— MINNESOTA HEARTSAFEANDOVER 25 26 Officer Brian Platz, police officer for Coon Rapids and Heart Safe Director for that community, 27 and Paul Mendoza, representing the Minnesota Heart Safe Advisory Committee came to the 28 meeting to present the Council and the City with the highway signs designating Andover as a 29 Heart Safe; Community. The program started up in February and the City has earned above and 30 beyond what is needed to claimtheHeart Safe Community designation. There are 855 cities in 31 the State and Andover is the 40th City to receive the designation. The Mayor thanked all of 32 those who have participated in a variety of ways to achieve this designation. 33 34 RESIDENT FORUM 35 36 No one wished to address the Council. 37 38 AGENDAAPPROVAL 39 40 Motion by Holthus, Seconded by Bukkila, to approve the Agenda as presented. Motion carried 41 unanimously. 42 43 APPROVAL OF MINUTES 44 45 September 27, 2016, Workshop Meeting: Correct as written. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 2 Motion by Knight, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. October 4, 2016, Regular Meeting: Correct as written. Motion by Goodrich, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENTITEMS Item 2 Approve Payment of Claims Item 3 Approve Health Insurance Contract and Employer Contribution Item 4 Accept Contribution/North Metro Soccer Association/Andover Community Center (See Resolution R Item 5 Approve Amended Personnel Policy to include Christmas Eve as Official City Holiday Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T Commander Brian Podany gave the monthly Sheriff's Report. Councilmember Knight asked if there is any indication of why there had been an increase in vandalism. Commander Podany stated that there are different individuals and groups involved. Mayor Trude asked community members to be vigilant, especially after dark as this is when the vandalism activity has been happening. Commander Podany indicating that after getting some leads there has been a decrease in the activity. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL116-2/2016 STREET RECONSTRUCTION Mr. Berkowitz reviewed the plans for the reconstruction for Prairie Meadows. During the summer of 2016 the streets in the Prairie Meadows development were reconstructed. In accordance with the Roadway Reconstruction Assessment Policy, twenty-five percent (25%) of the total project costs for a standard street section are being assessed to the benefiting properties. It was noted that there is one property that could be split at a future date. That property will have the assessment amount for the potential lot deferred until a future date, if and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 3 when it is split. The assessment roll has been prepared and is on file in the City Clerk's office for review. Seventy-five percent (75%) of the total project costs will be funded from the City's Road & Bridge Fund. The remaining 25% of the total project costs will be assessed to the benefiting properties. Based upon current market conditions the finance department is recommending these assessments be extended over a 10 -year period at a 4.5% interest rate. The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 16-2, 2016 Street Reconstruction. Mr. Berkowitz explained the final project costs are $423,077.90, with the final cost to the City of $317,308.42 (75%) and cost to the residents of $105,769.48 (25%). Improvements were made to the curb, new bituminous and improvements to storm sewers for better drainage. $7,051.30 will be assessed to each resident and can be paid over a 10 -year period. The amount certified each year is estimated to be $891.13 per year payment. The assessment can be paid with no interest within one month after the assessment hearing. Councilmember Bukkila referred to the notice that had been received from a resident about the catch basin and why it was not in the original design. Mr. Berkowitz reviewed the original plans and explained the challenges of the grading in the intersection where the cross street meets Poppy Street. The repair work was actually done by City staff to save money and the only part of that that was charged to residents were the construction materials themselves, meaning no labor was charged. Councilmember Bukkila asked if there was anything that could have been done to avoid this after - the -fact work. Mr. Berkowitz indicated that anything in the pre -design would have been the same cost or more. Councilmember Bukkila followed up by asking what the life expectancy is of the storm drain that was installed. Mr. Berkowitz responded that it should last at least 20 years. Motion by Bukkila, Seconded by Knight, to open the public hearing at 7:31 p.m. Motion carried unanimously. Mayor Trude noted there was correspondence received from Mr. Knealing. Mr. Knealing spoke to the Council and indicated that Mr. Berkowitz was very helpful. His main concern is about the low spot in the road. He stated he understood that no more dirt could be taken out at the low spot, but it could have had dirt added to the area. A resident asked if $7,051.30 is the cost to the residents and if the percentage charged was 4.5% in interest. Mr. Dickinson noted the City uses internal financing and these are the set rates early in the project schedule. The resident stated their belief that 4.5 % interest is a little high and asked who is "getting the kick -back." The resident confirmed they live on 168th Lane and not in this project. Mayor Trude restated that this project does not affect the resident. She noted for the record the resident chose not to identify himself. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 4 A resident, of 168th Lane, who lives out of the area as well raised questions about the street being a main thoroughfare and the school buses going down the road. Mayor Trude stated they had heard that comment previously and directed the residents to come to the community meetings where future road reconstruction will be discussed. Mayor Trude stated this is not the time to discuss future work on another street. Mr. Berkowitz announced the meeting on future projects will be in the middle of November. The resident was reassured that there will be a chance to be heard and that there are several factors involved in setting the assessment. Paul Berquist, of 169'' Lane, commented the road looked great. He expressed his concern about the way that residents are being assessed. He stated the road is amain throughway and that the majority of people that drive on the road do not live on the road. He asserted the deterioration that led to replacing the road was because of the high usage. He asked why the residents should pay 25% of the cost of the road repair when 80% of the traffic is from folks traveling from outside of 1691h Lane. Mayor Trude explained that the 25% policy has been in place since the early 2000s and stated this meeting is not for the purpose of reviewing of the City policy. Joel Feigum, of 3239 169th Lane, asked the Council to consider the impact of the decision on resident taxes of a 25% increase. He expressed that many are on a fixed income and asked the Council to consider going forward having a cap that could be set. Secondly, He also indicated that all had done a great job on the project. He noted he had been having problems with standing water in the driveway and he has considered that he may need to repair it sooner, rather than later. He also stated there is standing water when there is a heavy rain, and it is now coming back up toward the yard. Mr. Berkowitz indicated that City staff are looking into it. Motion by Holthus, Seconded by Bukkila, to close the public hearing at 7:44 p.m. Motion carried unanimously. Motion by Holthus noting the appeal and resident comments, Seconded by Bukkila, to approve the assessment for street reconstruction in Prairie Meadows. Motion carried unanimously. (See Resolution R091-16) 32 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/16-11/17311D LANE NW 33 RECONSTRUCTION 34 35 During the summer of 2016 173rd Lane NW from Round Lake Boulevard NW to Tulip Street 36 NW was reconstructed. In accordance with the Roadway Reconstruction Assessment Policy 25% 37 of the total project costs for a standard street section are being assessed to the benefiting 38 properties. 39 40 The project has been funded from the City's Road & Bridge Fund with 25% of the total project 41 costs (minus extra pavement depth cost over the 3" standard street section) were assessed to 42 those benefiting. The remaining costs will be funded through the City's Road and Bridge Regular Andover City Council Meeting Minutes — October 18, 2016 Page 5 Fund, and in turn reimbursed through the City's Municipal State Aid funds. Based upon current market conditions, the Finance Department is recommending these assessments be extended over an 8 -year period at a 4.5% interest rate. The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 16-11, 173rd Lane NW Reconstruction. 8 Mr. Berkowitz explained this project was simpler with less impact than the previous project just 9 discussed. 10 11 Final project costs were $187,186.33, with the final city cost of $145,417.68. The final assessment 12 cost was $41,768.65, with final assessment/per lot of $1,670.75. The costs are to be split between 25 13 units. Original cost estimates were $2,200. Traffic calming will be provided to address resident 14 concerns about the speed of the traffic. The entire assessment can be paid with no interest within one 15 month after the assessment hearing, otherwise assessments will be $253.30 per year beginning in 16 2017. 17 18 Councilmember Bukkila inquired about the size of the lots, the number of lots and if the concrete 19 curb increased the costs of the project. Mr. Berkowitz replied it does help with drainage and can last 20 much longer and helps to preserve the roadway. 21 22 Motion by Bukkila, Seconded by Knight, to open the public hearing at 7:51 p.m. Motion carried 23 unanimously. 24 25 Tim Walker, of 3211 173`d Lane stated his main concern is that 18 residents use that street, and that a 26 "drag strip" has been created and that he gets 2-3 cars every year in his ditch from Round Lake 27 Boulevard. He asked if there would be more that could be done like having a stop sign half way 28 down the street. He indicated his kids are grown now, but there are autistic kids that live on that 29 street and he has concerns for their safety. 30 31 Mayor Trude responded to the resident by saying there is not much else the City could do. Mr. 32 Berkowitz stated the City does not install speed bumps and on that particular street the average daily 33 traffic does not meet the guidelines for a stop sign. He concluded by saying they could go out and 34 study it, but the current data does not meet the criteria and there is not enough volume on Poppy 35 Street to warrant a 3 -way stop. 36 37 Al Jensen, of 3329 173`d Lane, is concerned at the thought that residents "do not deserve a stop sign 38 at Poppy Street." He asked why the City could not make it a 3 -way stop when cars are driving 40-50 39 mph. Mayor Trude asked if he would be willing to speak to Mr. Berkowitz during the week. Mayor 40 Trude asked if some directed patrol could be placed in the area. 41 42 Motion by Holthus, Seconded by Knight, to close the public hearing at 7:57 p.m. Motion carried 43 unanimously. Regular Andover City Council Meeting Minutes — October 18, 2016 Page 6 1 Motion by Bukkila, Seconded by Knight, to approve resolution to adopt the assessment roll for 2 173`d Lane NW reconstruction. Motion carried unanimously. (See Resolution R092-16) 4 Mayor Trude encouraged residents to speak to City staff if they had concerns about traffic. HOLD PUBLIC HEARING 2017-2021 CAPITAL IMPROVEMENT PLAN 8 Mr. Dickinson explained in preparation for this meeting, the meeting was publicized in the 9 Anoka Union Herald giving notice of a public hearing being conducted by the City Council of 10 the City of Andover, Minnesota on Tuesday, October 18, 2015 at 7:00 p.m. Mr. Dickinson also 11 indicated there were numerous staff meetings and 7 workshops with the City Council that 12 occurred over the past months. 13 14 Mr. Dickinson explained the purpose is to review the CIP. The draft sent in the pre -meeting packet 15 has all of the projects/summary and the cash flow analysis. The CIP is a result of several meetings 16 and many workshops leading up to this meeting. The Council is not required to have a public 17 hearing on these matters, but it does allow opportunities for financing, transparency and is good 18 planning. The next step is feasibility study analysis, neighborhood meetings for input, a commission 19 meeting as applicable, and a meeting of the Council, bidding of the projects, and then coming back to 20 the Council for final approval. The total for the CIP is $6,021,000, but that does not mean that the 21 improvement will definitely happen. 22 23 The primary focus of the CIP is streets and highways (54%). Mr. Dickinson continued by 24 highlighting the percentages of the costs in the budget including building improvement and 25 equipment purchases. Of particular note is money for parks projects (8.8%) for 2017 and $7M for 26 the Community Center expansion in 2019. Spurred on by the City Center Master Plan budget are 27 dollars identified in the CIP for 2017 is $75,000 for a study to determine what type of space is 28 needed for the community, this would include a preliminary design, a high-level cost estimation and 29 other information needed to make a decision about whether to move forward with a decision to 30 expand. There is also $50,000 set aside to do a study to determine what type of space is needed and 31 to make a decision regarding the relocation of the Public Works facility. Phase 2 of that project is 32 yet to be determined as to the timing. Also, there are comments that have been received by residents 33 regarding the importance of support for trails and prioritization of the projects, Mr. Dickinson 34 entered into the record comments from the September Council Workshop meeting. 35 36 The City Council is requested to hold a Public Hearing to give the public the opportunity to 37 comment on the proposed 2017-2021 Capital Improvement Plan (CIP). 38 39 Motion by Knight, Seconded by Bukkila, to open the public hearing at 8:09 p.m. Motion carried 40 unanimously. 41 42 Blair Buccicone stated he came to the meeting to speak as a prosecutor, citizen, and dad. He lives on 43 140`x' Lane in Andover, west of Prairie Road, and he prosecutes violent crimes as an attorney. He Regular Andover City Council Meeting Minutes — October 18, 2016 Page 7 1 stated he sees teenagers every day on the wrong path. He sees the pot smoking from his back yard, 2 and commented that idle hands are the "devil's workshop." As a prosecutor, he believes that the 3 City needs a bigger Community Center because he does not want to be talking to those teenagers 4 some day. Speaking as a citizen, he continued, we [the City] does almost nothing for the kids in 5 Andover. He indicated he spends $10,000/year at Target and restaurants in Blaine, etc., because they 6 are in other communities for their children's activities such as swimming, dance, soccer, hockey, and 7 music. He described their family's typical week as one that includes going everywhere, for swim 8 lessons, soccer in Oak Grove, and hockey practice indoors in Andover only two times during the 9 whole season last year. He stated they were going to the Super Rink in Blaine all of the time, outside 10 of the Andover community. He stated Andover needs a bigger Community Center so that his 11 daughter can grow up in this community and their family can spend their money here. Mr. 12 Buccicone thanked the Mayor and Councilmembers for their time. 13 14 Mayor Trude commented that Mr. Buccicone's statements are very personal and asked if there were 15 others who would like to address the Council. 16 17 Joy Orvis introduced herself as a member of the Andover community for 15 years and having 18 worked with the Council during that time. She stated she came from the city [Minneapolis] and 19 moved to Andover to be closer to family. She went on to say that Andover was the community 20 where she wanted to be, but the YMCA had not been built yet, but the schools were a highlight in the 21 community and she knew about plans for the YMCA. Since then she has become a baseball mom, 22 soccer mom, Awana mom, hockey mom, and still serves as treasurer for the girls and boys track team 23 even though her son has graduated. When she came, she was a single mom and now she is a mom of 24 5 children. With all of the activities [her older son was in] she had never been challenged to be 25 outside of Andover, but now it is challenging to find time to play their sports. Ms. Orvis has 2 in 26 mites hockey this year and states that they spend most of their time in Blaine, which she considers to 27 be unacceptable for kids that age. She stated that 95% of ice time and court time is used at the 28 Community Center. She believes that there are other areas for business development to consider and 29 that the City should look for other opportunities for revenue. She noted that $7 million dollars had 30 been planned for the expansion. She asked, after it was approved, how quickly could the City move 31 ahead with plans? 32 33 Mr. Dickinson indicated that question would be up to the Council and that they had targeted 2019 for 34 a Community Center project. He explained that to expand, the building would have to go to the 35 west, and that space is currently used by Public Works, and that the additional property to the west is 36 not available until December 2018. He went on to state that the Council could make a directive to 37 change the timeline to sooner, cost could rise. If they targeted a 2019 date there would be some 38 restrictions on bonding and earlier would require a tax increase. It is about space availability and the 39 City will not own all of the land until late 2018 and the best -case scenario is 2019. Ms. Orvis asked 40 if 2019 is when buildout could happen. Mayor Trude stated the preliminary design would happen in 41 2017 and if approved, followed by hiring of contractors in 2018 and then a shovel could be put in the 42 ground in 2019. Ms. Orvis asked what obstacles prevent the City from moving this project up. 43 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 8 1 Councilmember Bukkila stated that Ms. Orvis could be in contact with Mr. Dickinson about future 2 meetings where it will be discussed. Mr. Dickinson gave the example of it taking 3-4 years to make 3 the YMCA project happen from inception of the idea with the Andover High School coming to 4 breaking ground. 6 Ms. Orvis pointed out that there was potential for a multi-purpose building to serve many partners. 7 8 James Stiller, stated he and his wife sell a lot of real estate in the Andover community, and that one 9 of the major drives for why they moved here was because of what the City campus has to offer. He 10 commented that Andover does not have a main street and that 80% of those in the market for homes 11 are young families. Those families see the nice facilities that are now bursting at the seams. He 12 encouraged the Council to invest in the community and to grow the City to the next level, with more 13 houses and more businesses, and less of residents driving down to Blaine. Also, having a child in 14 sports, he commented that his child's team was lucky to get home games at Andover, feeling that 15 home games should be at your own rink. He also stated the importance of going to local 16 establishments in your own community. He also asserted that "putting money into this would do 17 more than investing in Public Works." He expressed sports team success is a deciding factor in 18 where families want to move and they come from every direction and that driving to Blaine is taking 19 a toll on parents. Andover's great trails are a significant asset in the community as well. He 20 expressed his belief that it [Community Center expansion] would pay for itself in the long run by 21 investing in our own community. Ten people raised their hands saying that they felt similarly. 22 23 Mike Johnson, a chiropractor in the community, stated that as a business owner it is hard to own a 24 business in Andover because it is a bedroom community. He reiterated that everyone is going to 25 Blaine and spending so much money there and the importance of attracting more businesses to the 26 community. Another resident expressed agreement with the speaker. 27 28 Joy Orvis, spoke again regarding the Woodland Estates neighborhood, and their opinions about 29 moving Public Works closer to them. She stated it did not sound like that was going to change, but 30 she hoped that measures would be taken so there was less visibility to the neighborhood. 31 32 Mayor Trude reminded those in attendance that the current plan is considered to be more of a 33 concept and that she saw it more as "areas" what would be set aside for facilities rather than the 34 exact location. The roads, however, are pretty close to what she would expect to see as plans are 35 finalized. Mr. Dickinson spoke in agreement of the plan being a concept and that buffering was 36 something that the City would do because the City also expects this of businesses in the community. 37 38 Councilmember Knight noted that parking has to also be considered if the YMCA grows. 39 40 Mayor Trude stated it is a priority to keep the pedestrians separate and that pedestrian safety will be a 41 key consideration. She reminded the audience there is still a home on the corner and that the City 42 does not own that property. 43 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 9 1 Joy Orvis inquired if there is still time for input on the concept drawing. Mr. Dickinson confirmed 2 that the CIP has specifies and identifies the plans to hold neighborhood meetings. 4 Mayor Trude asked the kids in the audience what sports they played. Sports indicated were: hockey, 5 soccer, baseball, lacrosse and football. 7 Steve Gerowski, 15842 Linnet Street, stated he has lived in Andover for 8.5 years and wanted to 8 express thanks, the schools are outstanding, the Community Center is nice, the layout of the City is 9 outstanding. He asserted that people come to live in Andover for the school and comradery, and stay 10 for the facilities and what we have to offer. 11 12 Motion by Bukkila, Seconded by Holthus, to close the public hearing at 8:41 p.m. Motion carried 13 unanimously. 14 15 Councilmember Goodrich asked to make two points: 1) the plan to approve at the evening's meeting 16 has a lot of options, and the study, costing close to $125,000, will give us a lot of information; and, 17 2) he wanted to thank those that participated in the 9 meetings that had been held thus far with more 18 to come. 19 20 Councilmember Holthus stated her priority is a new Public Works maintenance building in 2019. 21 She asked if the CIP is adopted, will this prohibit the City from moving on an expansion to the 22 YMCA. Mr. Dickinson stated the study would be next year and then decisions could be made going 23 forward. He continued by stating the CIP does not tell you that you cannot do anything, but it does 24 say what the City is going to do in 2017. Budget performance is planned out for 10 years. If the 25 YMCA came to the City and wanted us to start expanding earlier than planned, the question would 26 be would we be able to accomplish that. Mr. Dickinson had talked to the leaders at the YMCA in 27 recent months and he did not know if that would possibly happen, but they are targeting for 2019. 28 He also noted the name for the YMCA organization is YMCA Twin Cities. 29 30 Councilmember Knight stated he would like to see the City move ahead with a Community Center 31 expansion, noting that the City's relationship with the YMCA is very unique. He would like to see 32 the expansion happen as fast as possible. 33 34 Mayor Trude stated she has met people that have relocated here and that they have pointed out the 35 YMCA and the schools and she acknowledged that people are moving to Andover from neighboring 36 communities. She went on to say that the YMCA has worked with the City on the Heart Safe 37 Communities project and that they also believe in a healthy community and offer community 38 activities 9 times each year and that it is more like a team effort. Many seniors are active all day 39 long, every day at the YMCA, and that there is a dynamic change from older to younger at the 40 facility. 41 42 Councilmember Bukkila reminded those in attendance that the community has been working on this 43 for several years and there are more years yet to come. The proj ect will need $12M and the City will Regular Andover City Council Meeting Minutes — October 18, 2016 Page 10 1 not have that until 2019. There is also a desire to try not to spike the taxes. She encouraged working 2 together to see how "we can make this tolerable." The project has been on the Council's "radar" for 3 4-5 years and she discouraged rushing forward, desiring to do the project `right." This time around 4 there would be a focus on making up for lost things. In order to do that, it will be essential to go 5 through the planning process. 7 Mayor Trude commented there is some flexibility with financing, when it comes to bonding. There 8 are also questions that Councilmembers will need to have with the community and specifically to 9 find out what is the tax tolerance. People were willing to tolerate a $50 tax increase for the original 10 Community Center building. 11 12 Councilmember Holthus expressed agreement with Councilmember Knight and encouraged moving 13 as quickly as we can. She said that she was also a hockey mom and agreed that the City needs more 14 ice among other things. 15 16 Motion by Bukkila, Seconded by Goodrich, to approve the 2017-2021 Capital Improvement 17 Plan. Motion carried unanimously. (See Resolution R093-16) 18 19 CALL FOR SALE OF BONDS/EHLERSAND ASSOCIATES 20 21 During the review of past debt issuances for potential long term debt service savings, the General 22 Obligation Water Revenue Refunding Bonds, Series 2007B may meet the state minimum 23 requirement for present value savings of 3%. 24 25 Ehlers and Associates, the City's fiscal advisor, discussed pre -sale reports for the refunding of the 26 2007B GO Water Revenue Refunding Bonds. The refunding issuance is an opportunity to save 27 longterm debt service expense. 28 29 The City Council will be asked to approve the resolution for the sale of refunding revenue bonds. 30 31 Todd Hagen of Ehlers and Associates reviewed the information with the Council. Their job is to 32 look for ways for the City to save money on bonds. This action would save the city $335,000 over 3 33 year and can only occur one time. He stated the most efficient way to refinance itis a 6 -year bond 34 ' issue. It will be at the lowest possible interest cost to the City. On November 15`h, they will be back 35 with the tabulation. 36 37 Motion by Goodrich, Seconded by Knight, to approve the resolution approving the sale of 38 refunding revenue bonds. Motion carried unanimously. (See Resolution R094-16) 39 40 ADMINISTRATOR'S REPORT 41 42 City Staff updated the Council on the Administration and City Department Activities, legislative 43 updates, updates on development/CIP projects, and meeting reminders/community events. Regular Andover City Council Meeting Minutes — October 18, 2016 Page 11 (Meetings) Mr. Dickinson has had several meetings on behalf of the Council, including: QCTV to work on budget items, North Metro Mayors related to budget, and interviews for the Community Development Director position. The goal is to have someone in the Community Development Director position by the end of the year. He stated it has been good to work with Community Development staff and learn their skills and to share with the staff some of his skills. 8 (Dangerous Dogs) Mr. Dickinson stated the City does not tolerate dangerous dogs in the 9 community and that he understands that it is challenging in a neighborhood. There are efforts to 10 be aggressive in the enforcement and there is also a need to follow the law. 11 12 Mayor Trude commented that the Rottweiler that was removed from the City had come back and 13 has now been impounded. 14 15 (Homes) New homes for the year are at 102, and may exceed 175 because of the new units at the 16 Estates at Arbor Oaks. 17 18 (Street Maintenance) Mr. Berkowitz stated street patching would be finishing up this week and 19 then staff would transition from pot hole patching to street sweeping. 20 21 Councilmember Holthus acknowledged an email that was received in appreciation for street 22 sweeping. 23 24 Councilmember Goodrich stated neighbors really appreciated how the road turned out and that 25 the staff did a really good job and were pleased with the final costs being lower than the estimate. 26 27 Mayor Trade expressed the customer service given by staff is very good. She encouraged 28 residents to attend the upcoming meetings related to projects planned. Mr. Berkowitz reminded 29 residents if they do not attend meetings, communication can be a challenge. The time to be heard 30 is at those meetings and residents can always contact the City Council. 31 32 ADJOURNMENT 33 34 Motion by Knight, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting 35 adjourned at 9:10 p.m. 36 37 Respectfully submitted, 38 39 Marlene White, Recording Secretary 40 41 Regular Andover City Council Meeting Minutes — October 18, 2016 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 18, 2016 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 SPECIAL PRESENTATION — MINNESOTA HEART SAFE ANDOVER ................................. 1 RESIDENTFORUM...................................................................................................................... 1 AGENDA APPROVAL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve Health Insurance Contract and Employer Contribution ................................. 2 Item 4 Accept Contribution/North Metro Soccer Association/Andover Community Center (R090-16)............................................................................................................................ 2 Item 5 Approve Amended Personnel Policy to include Christmas Eve as Official City 11 Holiday................................................................................................................................ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/16-2/2016 STREET RECONSTRUCTION (R091-16).............................................................................................. 2 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/16-11/173`m LANE NW RECONSTRUCTION (R092-16).............................................................................................. 4 HOLD PUBLIC HEARING 2017-2021 CAPITAL IMPROVEMENT PLAN (R093-16) ............ 6 CALL FOR SALE OF BONDS/EHLERS AND ASSOCIATES (R094-16) ............................... 10 ADMINISTRATOR'S REPORT.................................................................................................. 10 (Meetings)................................................................................................................................. 11 (Dangerous Dogs)..................................................................................................................... 11 (Homes)....................................................................................................11 (Street Maintenance)................................................................................................................. 11 ADJOURNMENT......................................................................................................................... 11 ANDOVER CITY COUNCIL WORKSHOP MEETING —OCTOBER 25, 2016 MINUTES 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, 11 October 25, 2016, 6:00 p.m., at the Andover City Hall, '1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich 15 Councilmember absent: None 16 Also present: City Administrator, Jim Dickinson 17 City Planner, Stephanie Hanson 18 Public Works Director/City Engineer, David Berkowitz 19 Others 20 21 22 COMPREHENSIVE PLANAMENDMENTDISCUSSION` 23 24 Ms. Hanson explained the City, Council is requested to discuss and provide direction to staff on 25 the City Council's desire to proceed with a Comprehensive Plan Amendment (CPA) and Zoning 26 Code text amendment to address future development within the rural reserve area. 27 28 Ms. Hanson reviewed the staff report with the Council. 29 30 Mayor Trude thought the Packer children wanted to build on the grandma's property but it 31 sounds like they want to subdivide the property within the estate so each child gets a portion of 32 it. Ms. Hanson indicated that is correct. 33 34 Ms. Hanson stated there are two children that want to have houses and everyone in the family is 35 in agreement that if they can split the property and each get their share then the two children can 36 build homes on their portion. She stated at this time the Comprehensive Plan does not allow a 37 split of the land so the City's hands are tied and Met Council does not support that kind of 38 subdivision in this area. 39 40 Ms. Hanson stated she has been working with Met Council on a flexible development policy to 41 see how it all works. She found out that there are 28 communities in the metro area that are 42 similar to Andover where they have a rural reserve area and out of the 28 communities, 22 do 43 allow development in these rural areas. Andover does not at this time. There are a lot examples 44 of ordinances out there that communities are using. She indicated she has not reviewed all of the 45 ordinances in depth. 46 47 Mayor Trude thought the process would be simpler than it actually is. Councilmember Bukkila Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 2 1 asked if Ms. Hanson knew which areas the children wanted to split and build on. Ms. Hanson 2 showed on the map where the proposed building would occur. Councilmember Bukkila 3 indicated she did not have a problem supporting it. 4 5 Councilmember Holthus asked how many acres are the lots to the west of the subject parcel. Ms. 6 Hanson stated they are five acre properties. 7 8 Ms. Hanson stated in the rural reserve at this time property owners cannot split the land into 9 eight acre parcels as requested by the Packers because that is not provided for in the 10 Comprehensive Plan. The best that they could do is one unit per ten acres and would be a pretty 11 quick comprehensive plan amendment. Mayor Trude stated it would be nice if the family could 12 work something out together. 13 14 There was discussion between the Councilmembers on how the Rural Reserve will develop over 15 time. 16 17 Councilmember Bukkila asked if the Rural Reserve as a designation is it locked in as a chunk or 18 can pieces be pulled out of the Rural Reserve and then it meets a different standard. Mr. 19 Dickinson explained the reason why the Met Council wants to keep this area as a Rural Reserve 20 area. He stated the Met Council is trying to be a good steward to the sanitary sewer pipe in the 21 ground and they want to make the sewer operation efficient throughout all the cities served. 22 23 Mr. Berkowitz reviewed with the City Council the Rural Reserve and all the challenges for 24 development. 25 26 Mayor Trude stated she is not against this but thought further review needed to be done. 27 28 Consensus of the Council was for staff to challenge the family for alternatives and if that does 29 not work then to look at flexible zoning for the area in order to meet the family's needs but not to 30 open up development to everyone at this time. 31 32 Councilmember Holthus wondered if the Met Council would be open to rezoning just this area 33 and not the entire Rural Reserve. Ms. Hanson stated if this area would be developed it would 34 need to be replaced somewhere else in the community and there really is not any other area 35 where replacement is available. 36 37 DISCUSS WETLAND RESTORATIONPROJECTACCESS/12-23 38 39 Mr. Berkowitz explained the City Council is requested to discuss a possible access location and 40 estimated cost for an access on the south side of the Wetland Restoration project (Old Woodland 41 Creek Golf Course). 42 43 Mr. Berkowitz reviewed the staff report with the Council. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 3 Councilmember Holthus asked if any other access opportunity along the street were examined. Mr. Berkowitz stated the direction was to start with the piece the City owned and if the decision was not to pursue it because of the cost then letters would be sent out to the residents to see if there was interest. Councilmember Holthus indicated there were a couple of residents that were interested in an additional access point but they did not live on that street. Councilmember Holthus thought it would be nice to have access on the south side of the wetland. Mr. Berkowitz indicated staff was looking for direction from the Council on this item. He stated as far as funding, part of the funding could be from the sale of the land and easement. There may need to be some money that comes from the trail fund. Mr. Dickinson reviewed the process of turning the land from a golf course into a wetland. He indicated they have approximately $50,000 to use towards the project but the cost is around $68,000 plus the additional easement amount. Councilmember Goodrich thought they should bid this out and also see if there is any resident on the south side that would be willing to sell some land for an easement. Mr. Berkowitz stated they could do this and have a pretty detailed plan but would need to put some substantial time into this to put the plan together. Councilmember Goodrich asked if something on the south side would be less expensive for an easement. Mr. Berkowitz stated it would be less expensive from the standpoint of construction but the easement would be more expensive. Councilmember Holthus stated she would like to see access on the south side. Mayor Trude did not think any of the residents would be willing to sell their land for easement access because these are nice, executive homes. Councilmember Holthus did not think it would hurt to send out a letter to the residents. Consensus was to send out letters to the residents and to firm up the access costs on the City owned access. DISCUSS MEMORIAL PROPOSAL Mr. Berkowitz explained friends of the late Mr. Tony Emmerich have been discussing with staff a memorial for him and have proposed the location in Shadowbrook West Park in which Mr. Emmerich was the developer. The location proposed is at the trail intersection of the Shadowbrook West Park trail and the trail along Bunker Lake Boulevard. The memorial improvements would not be installed until after the Bunker Lake Boulevard reconstruction project is complete. Mr. Berkowitz reviewed the information with the Council. Mayor Trude thought Mr. Emmerich was proud of this aspect of this area in the park. Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 4 1 Councilmember Goodrich asked what the budget impact will be on this. Mr. Berkowitz stated it 2 would only be long term maintenance. 3 4 Consensus of the Council was to allow the memorial to be developed along the trail in 5 Shadowbrook West Park. 6 7 2017 PROPOSED ROAD RECONSTRUCTION PROJECT SCOPING DISCUSSION 17-2 4 8 l7 -ll 9 10 Mr. Berkowitz explained the City Council is requested to review and discuss the project scopin 11 for the proposed 2017 Street Reconstruction project and the proposed reconstruction of 168A 12 Lane. 13 14 Mr. Bob Whitney a resident in the project area was at the meeting. 15 16 Mr. Berkowitz reviewed 1681" Lane with the Council. 17 18 Mr. Berkowitz stated the corner house fronts Round Lake Boulevard and the policy states that 19 fronting will be assessed. He stated the driveway to the house has never been on Round Lake 20 Boulevard, all of its access is on 168`' Lane. 21 22 Councilmember Goodrich asked if the County does anything on Round Lake Boulevard would 23 they assess the resident. Mr. Berkowitz stated County roads are not assessed. He felt this home 24 should be included in the assessment because the only access to the property is from 168`h Lane 25 even though the house fronts Round Lake Boulevard. 26 27 Councilmember Goodrich felt if the assessment is consistent and what they have been doing and 28 it will not get assessed if Round Lake Boulevard is reconstructed. Councilmember Holthus 29 thought because this is their only access they should be assessed. Councilmember Knight 30 agreed. 31 32 Mr. Berkowitz stated on another segment they are proposing to continue the 33 feet through the 33 entire segment and to stripe the shoulders. He wondered if they should continue with the 33 feet 34 segment because they are going to have concrete curb and gutter or do they go with a 26.67 -foot - 35 wide section. He noted the City would be paying for the widening of the road in this segment if 36 the Council would like a wider roadway. 37 38 Mayor Trude stated she is concerned the City will be using a lot of money for something the 39 residents along there do not want. Mr. Berkowitz stated they need Council direction on the road 40 width before the neighborhood meeting. 41 42 Mayor Trude wondered if it is difficult to maintain a road with two different widths. Mr. 43 Berkowitz stated it is not. If the direction is to go 33 feet, then the entire section would be that 44 width and if the direction is to narrow it the entire section would be 26.67 feet wide. Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 5 Trude felt they needed the extra shoulder. Mr. Berkowitz noted they would use State Aid money for the additional road width. Mayor Trude and the Council felt they needed the wider road for safety. Council consensus was to widen the section of road to 33 feet. Student and pedestrian safety would be the reason for the wider road width. Mr. Berkowitz stated the green segment is a rural section. He reviewed the area with the Council. 16518 Crocus Street is an exception because there is no ditch. They are proposing on this property to bring the curb and gutter around to the end of this property. The difference is, and states in the policy if there is no defined ditch system then concrete curb and gutter is part of the improvement. He stated there will be a significant difference in assessment for this home of a couple thousand dollars. Councilmember Bukkila asked Mr. Berkowitz if it was looked at how the residents land drains. Mr. Berkowitz stated they have and the land is high with no ditches so the water works its way around the grass to the corner and shoots some of the water out of the property. Councilmember Bukkila asked if there is a way to put ditches back in or offer that in lieu of curb and gutter to keep the assessment cost down. Mr. Berkowitz did not think the owner would be happy with ditches and thought it would cost more to put the ditches in than curb and gutter. Mayor Trude asked if they curb this property and channel the water, where will the water go. Mr. Berkowitz indicated it will go where the water is now flowing to. He stated the grass berm is acting like a curb right now and when they go in and reconstruct the road the grass will be disturbed and wash away and it will become a continuous battle to try to maintain the area like it is now. Mr. Berkowitz reviewed the blue area and stated this area is straight forward. He noted they could consider the green and red areas as one development area because they are very similar and could be assessed the same rate or if separated the red area would be a significantly higher cost. Mayor Trude stated the red and green areas will pay for the 26.67 -foot street width with concrete curb and gutter and the City will pay for the widening of the road to 33 feet. She thought the two areas were comparable. Councilmember Bukkila did not think it was right to assess the same amounts to both the red and the green areas. Councilmember Bukkila asked besides road and curb are there any issues with water drainage that will be addressed. Mr. Berkowitz stated there is not, the only difference would be the removal of the concrete curb and gutter and lot size. If they were to remove the concrete curb Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 6 1 and gutter from the assessment the City would need to raise their assessment percentage from 2 25% to something higher. 3 4 Mayor Trude thought they needed to treat this as one project area where there is one assessment 5 rate for the people without ditches and one assessment rate for the people with ditches. 6 7 Councilmember Bukkila asked if all the area has curb that will be replaced. Mr. Berkowitz 8 indicated in the green area the bituminous curb will be ground up and replaced with concrete 9 curb and gutter. 10 11 Councilmember Goodrich stated he is leaning towards paying for what you get and the area you 12 live in. He did not think the green area should pay the same as the red area. 13 14 Mr. Whitney stated when this issue was brought up before, the road was ok and was just starting 15 to alligator crack but now he agreed that it was time for the road to be replaced. He stated the 16 reason he was at the meeting is he is in the blue area with no curbs and pretty deep ditches and 17 he does not want to pay for someone else's curb that he cannot even see. He thought what the 18 Council was doing was spot on and allocating based on benefit. 19 20 Mr. Whitney wondered if it would make sense to increase the tax rate and put it all into the City 21 budget so the residents don't pay anything which would get the residents a nominal 20 percent 22 discount on this deal because the Federal Government subsidizes State and local taxes. 23 Councilmember Goodrich thought that would be moving toward a communal type of assessment. 24 25 Mayor Trude wondered how that would work. Mr. Dickinson stated Mr. Whitney is suggesting 26 raising property taxes to cover the cost. 27 28 Councilmember Bukkila asked if it was required to go with the full curb versus the ribbon curb. 29 Mr. Berkowitz stated the way the surrounding area is it is set up for the full curb and if they go 30 away from that there are added expenses. He stated they will look at the curb and put in the best 31 feasible. 32 33 Consensus of the Council was to split up the assessment between areas because of the cost 34 issues. 35 36 DISCUSS STREET LIGHTS ON CROSSTOWN BLVD. NW BY THE WDE SITE 37 38 Mr. Berkowitz stated the City Council is requested to discuss and direct staff on how to proceed 39 with a request to add street lighting on the east side of Crosstown Boulevard from Andover 40 Boulevard to Partridge Court. 41 42 Mr. Berkowitz reviewed the information with the Council. 43 44 Mayor Trude thought this would be a good item to get done. Mr. Berkowitz stated they could 2 El 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 7 take the funds out of the Road and Bridge Fund. Mayor Trude wondered if staff could also look at the crossing further up by Sunshine Park to see if lighting is needed. She indicated she has had residents comment about how dark it is. Consensus of the Council was to have both areas evaluated for lighting. 2017 SPECIAL REVENUE, DEBT SERVICE, CAPITAL PROJECTS, ENTERPRISE & INTERNAL SERVICE FUNDS BUDGET DISCUSSION Mr. Dickinson explained the Council has had several reviews of the 2017 Proposed General Fund Budget that will be supported by the 2017 Tax Levy. The Council did adopt at the September 6`h regular Council meeting a Preliminary 2017 General Fund Levy & Budget. The Preliminary 2017 Levy & Budget proposes a total property tax levy of $11,938,555. Mr. Dickinson briefly reviewed all of the funds with the Council. 2016 BUDGET PROGRESS REPORT Mr. Dickinson explained the City of Andover 2016 General Fund Budget contains total revenues of $10,390,411 and total expenditures of $11,003,788, a decrease in fund balance is planned. Mr. Dickinson reviewed the information with the Council. 2016 INVESTMENTS REVIEW Mr. Dickinson explained summary reporting of the City Investments Portfolio to the Governing body is a recommended financial practice and often viewed positively by rating agencies. Furthermore, the City of Andover Investment Policy recommends the Finance Director presents to the City Council at least quarterly the type of investments held by the City. Mr. Dickinson reviewed the information with the Council. OTHER TOPICS Mr. Dickinson updated the Council on the interviews for the Community Development Director Position. He stated he plans on making a recommendation on Thursday after talking to each finalist's current supervisor. Mr. Berkowitz stated there are a bunch of Cedar trees in Fox Meadows Park where they are going to construct a soccer field and the Anoka Conservation District uses the Cedar trees for erosion bank stabilization and would like to take the trees. Mayor Trude asked if the City is going to remove the trees in order to put in the field. Mr. Berkowitz stated they would. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Andover City Council Workshop Meeting Minutes — October 25, 2016 Page 8 Council consensus was to allow the Anoka Conservation District to come in and remove the trees. ADJOURNMENT Motion by Bukkila, Seconded by Goodrich, to adjourn. Motion carried unanimously. The meeting adjourned at 8:23 p.m. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 REGULAR ANDOVER CITY COUNCIL MEETING — NOVEMBER 1, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Acting Mayor Mike Knight, November 1, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Valerie$olthus and James Goodrich Councilmember absent: Mayor, Julie Trude Also present: City Administrator, Jim Dickinson Others PLEDGE OFALLEGIANCE Mayor Trude prepared a statement that was read by Mr. Dickinson expressing her regrets for missing the evening's meeting. She is with family right now as her father is on hospice and she thanked everyone for their thoughts and prayers at this difficult time. RESIDENT FORUM No one wished to address the Council AGENDA APPROVAL There were two supplemental items. Item 6A — Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Roll/16-42/14317 Crosstown Boulevard NW/SS Item 6B — Approve Appointment/New Community Development Director Motion by Bukkila, Seconded by Goodrich, to approve the Agenda as amended above. Motion carried unanimously. None. Regular Andover City Council Meeting Minutes —November 1, 2016 Page 2 1 CONSENTITEMS 2 3 Item 2 Approve Payment of Claims 4 Item 3 Accept Tree Donation/Andover Lions Park 5 Item 4 Authorizing 2017 Equipment Proposals 6 Item 5 Approve Funds Transfers/Advance/Pilot Project/Developer Installed 7 Improvements/Fee Collection 8 Item 6 Accept Contribution/MN Premier Volleyball/Andover Community Center (See 9 Resolution R095-16) 10 Item 6A Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment 11 Rolls 16-42/14317 Crosstown Boulevard (See Resolution R096-16) 12 Item 6B Approve Appointment/Community Development Director 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 Motion by Bukkila, Seconded by Holthus, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING — DELINQUENT UTILITIES Mr. Dickinson explained that City Code Title 10 Chapter 3, 10-3- 31; City Code Title 10 Chapter 1, 10- 1- 917; and City Code Title 8 Chapter 5, 8-5- 3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting, service charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. The assessment procedures directed by State Statute 429 is being followed by holding a public hearing to act upon the proposed assessment. The total delinquent service charges were $302,806.75 as of September 21, 2016, when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 25th have been applied to the delinquent accounts, reducing the delinquent balance to $249,637.12. Delinquent balances as of October 25, 2016 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2017 taxes. Therefore, the total assessment for delinquent sewer, water, storm sewer, street lighting services, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees is $307,053.66. This request will assist in reducing outstanding receivables for the City. The Andover City Council is requested to approve the resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. 40 Mr. Dickinson reviewed the information with the Council and noted that there was a 3-4% 41 delinquency rate overall. 42 43 Motion by Holthus, Seconded by Bukkila, to open the public hearing at 7:06 p.m. Motion carried Regular Andover City Council Meeting Minutes — November 1, 2016 Page 3 unanimously. No one desired to make a public comment. Motion by Holthus, Seconded by Goodrich, to close the public hearing at 7:07 p.m. Motion carried unanimously. 8 Motion by Bukkila, Seconded by Holthus, to approve Resolution No. R097-16 Providing for the 9 adoption of the assessment roll. Motion carried unanimously. 10 11 SET DATE TO CANVASS ELECTION RESULTS 12 13 Mr. Dickinson requested the Council schedule a date to canvass the election results as detailed in 14 the staff report. He stated it could be handled during a regular Council meeting. 15 16 The Council discussed the available dates. 17 18 Motion by Goodrich, Seconded by Holthus, to canvass General Election results on November 15, 19 2016, at 7:00 p.m. as part of the regular Council meeting. Motion carried unanimously. 20 21 ADMINISTRATOR'S REPORT 22 23 City Staff updated the Council on the Administration and City Department Activities, legislative 24 updates, updates on development/CIP projects, and meeting reminders/community events. 25 26 (Community Development) Mr. Dickinson stated Joe Janish who has worked previously in 27 Benton County and the City of Jordan, has been hired to be the new Community Development 28 Director. He comes highly recommended. He is originally from Ham Lake, went to Blaine High 29 School, and is a St. Cloud State graduate and Master Degrees from Hamline. A start date has not 30 yet been set. 31 32 (Estates atArbor Oaks) Mr. Dickinson acknowledged the ground -breaking of the Estates at 33 Arbor Oaks. The underground parking super structure is now being put into place. 34 35 (City/County/School District) The City/County/School District meeting was held at Pizza 36 Ranch. Several topics were discussed. The primary purpose is to update on activities of mutual 37 interest. 38 39 (Nuisance dog) Mr. Dickinson confirmed that the nuisance dog issue discussed at the last 40 meeting has come to a close. 41 42 (Cable Franchise) A franchise agreement will be presented at a future Council meeting for 43 CenturyLink to enter into the cable television market in Andover to compete with Comcast. Regular Andover City Council Meeting Minutes —November 1. 2016 (Woodland Creek Restoration Project) The Woodland Creek Golf Course restoration project is having difficulty moving forward due to water levels being higher than they have ever been. Excavation work will need to be postponed until the ground freezes. (New Homes) Homes permitted are at 102 for the year, plus 66 at the Estates at Arbor Oaks. There is a new permit technician in the building department as of this week. Her name is Jennifer Bailey. She is originally from Andover. Grey Oaks 4`" Addition has 4 new detachef (Commercial Construction) The ReMax building is near completion. They will receive their certificate of occupancy in a few weeks. Residents have commented that the final product is more impressive upon completion. Andover Veterinary Hospital is nearing completion and landscaping is in progress. The AT & T store is now open and there will be a ribbon cutting on November 15`h. Dunkin Donuts and Joy's Kitchen are yet to be under construction. An 8 -unit townhome building, to complete the Parkside at Andover Station development is now under Acting Mayor, Mike Knight, asked how this year's new home count was compared to previous years. Mr. Dickinson called this year an anomaly, noting we target 50 -75 homes. Motion by Holthus, Seconded by adjourned at 7:17 p.m. Respectfully submitted, White, Recording Secretary Motion carried unanimously 1 Regular Andover City Council Meeting Minutes —November 1, 2016 Page 5 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 1, 2016 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES.........................................................................................................1. 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Accept Tree Donation/Andover Lions Park................................................................. 2 Item 4 Authorizing 2017 Equipment Proposals....................................................................... 2 Item 5 Approve Funds Transfers/Advance/Pilot Project/Developer Installed Improvements/Fee Collection............................................................................................. 2 Item 6 Accept Contribution/MN Premier Volleyball/Andover Community Center (R095-16) ...................................................................................................................................... 2 Item 6A Accept Petition/Accept Feasibility Report/Waive Public Hearing/Order Assessment Rolls 16-42/14317 Crosstown Boulevard (R096 -16) ......................................................... 2 Item 6B Approve Appointment/Community Development Director .......................................... 2 PUBLIC HEARING — DELINQUENT UTILITIES (R097 -16) ..................................................... 2 SET DATE TO CANVASS ELECTION RESULTS..................................................................... 3 ADMINISTRATOR'S REPORT.................................................................................................... 3 (Community Development)........................................................................................................ 3 (Estates at Arbor Oaks)............................................................................................................... 3 (City/County/School District)..................................................................................................... 3 (Nuisance dog)............................................................................................................................3 (Cable Franchise)........................................................................................................................ 3 (Woodland Creek Restoration Project)....................................................................................... 4 (New Homes).............................................................................................................................. 4 (Commercial Construction)........................................................................................................ 4 ADJOURNMENT........................................................................................................................... 4 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: November 15, 2016 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $208,026.81 on disbursement edit lists #1- 3 from 11/03/16 to 11/10/16 have been issued and released. Claims totaling $384,627.93 on disbursement edit list #4 dated 11/15/16 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $592,654.74. 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: brendaf Printed: 11/02/2016 - 3:05PM Batch: 00402.11.2016 Invoice No Description Vendor: AndAnhnF Andover Animal Hospital 106642 Dog Charges Check Total Vendor: CityAndo City of Andover 215680 Utility Bill Cash Pymt - Acct. #215680 Check Total: Vendor: DoverKen I Dover Kennels 794 Boarding -Dangerous Dog Check Total: Vendor: HagforsT Ted Hogfors Inc. 201617 2016 Electrical Inspections Check Total Vendor: WellsFar Wells Fargo Bank Misc. Supplies Misc. Supplies Inif isms Bunkers Hills Pavilion 3 Rental Woodland Creek Wetland Bank Hydrocad Software Pop Subscription Computer Upgrades Vending Machine Council Meeting Ad for Building Supervisors Misc. Supplies AP -Computer Check Proof List by Vendor (11/022016 - 3:05 PM) Amount Payment Date Acct Number 133.00 133.00 1,030.00 1,030.00 392.00 392.00 1,834.12 1,834.12 99.00 32.95 39.41 110.00 400.00 694.00 31.71 35.00 128.42 123.74 123.19 289.44 33.22 Check Sequence: 1 11/03/2016 0101-42500-63005 Check Sequence: 2 11/03/2016 0101-00000-10301 Check Sequence: 3 11/03/2016 0101-42500-63010 Check Sequence: 4 11/03/2016 0101-42300-63005 Check Sequence: 5 11/03/2016 0101-43100-61020 11/03/2016 0101-42200-61020 11/03/2016 0101-42200-61305 11/03/2016 010142200-61005 11/03/2016 4140-49300-63010 11/03/2016 0101-41600-61220 11/03/2016 7100-00000-24208 11/03/2016 0101-43200-61325 11/03/2016 0101-41420-61225 11/03/2016 7100-00000-24208 11/03/2016 0101-41100-61310 11/03/2016 2130-44300-63025 11/03/2016 0101-41230-61005 1D€}ER �. Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False Page 1 Invoice No Description Amount Payment Date Acct Number Reference Meals for Scott & Steve 33.09 11/03/2016 5100-48100-61310 Plumbing Illustrated Manual 388.87 11/03/2016 0101-42300-61325 Membership Dues 200.00 11/03/2016 2130-44000-61320 Misc. Supplies 521.22 11/03/2016 0101-42200-61020 CPAReuewal 26.50 11/03/2016 010141200-61320 IPad Cords 48.19 11/03/2016 0101-41200-61005 Parts for Units #07-191 & #325 668.05 11/03/2016 6100-48800-61115 Parts for Units #16-209 & #07-191 46.34 11/03/2016 610048800-61115 Unleaded Fuel for Fire Deptartment 15.00 11/03/2016 6100-48800-61045 Unleaded Fuel for Fire Deptartment 18.70 11/03/2016 6100-48800-61045 Tools 41.89 11/03/2016 0101-43100-61205 Check Total: Total for Check Run: Total of Number of Checks: 4,147.93 7,537.05 5 AP -Computer Check Proof List by Vendor (11/02/2016 - 3:05 PM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 11/09/2016 - 1:57PM Batch: 00410.11.2016 41:�� ;�- Invoice No Description Amount Payment Date Acct Number Vendor: OptumBan Optum Bank HSA Check Sequence: 1 2016 Employee Contribution D, Winkel 11000.00 11/10/2016 7100-00000-21218 Check Total: 1,000.00 Total for Check Run: 1,000.00 Total of Number of Checks: 1 f 6MR Reference ACH Enabled: False AP -Computer Check Proof List by Vendor (11/09/2016 - 1:57 PM) Page 1 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 11/10/2016 - 12:14PM Batch: 00407.11.2016 Invoice No Description C I T Dr� Amount Payment Date Acct Number Reference Vendor: 3M 3M Check Sequence: I ACH Enabled: False SS35191 Materials for Street Signs 2,700.00 11/10/2016 0101-43300-61030 SS35192 Materials for Street Signs 765.00 11/10/2016 0101-43300-61030 SS35193 Materials for Street Signs 972.00 11/10/2016 0101-43300-61030 Check Total: 4,437.00 Vendor: AbleHose Able Hose And Rubber Check Sequence: 2 ACH Enabled: False 1-877648 Fire Hose, Fittings & Clamps 507.57 11/10/2016 0101-43100-61020 Check Total: 507.57 Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 3 ACH Enabled: False 94679/2249277 11/16 Commercial Waste & Recycling 355.19 11/10/2016 2130-44000-62020 94679/2249277 11/16 Commercial Waste & Recycling 355.20 11/10/2016 2130-44100-62020 Check Total: 710.39 Vendor: AnderEar Earl F. Andersen, Inc. Check Sequence: 4 ACH Enabled: False 0112750 -IN Brackets 2,264.50 11/10/2016 0101-43300-61030 Check Total: 2,264.50 Vendor: AnkCity City of Anoka Check Sequence: 5 ACH Enabled: False 201611014364 Traffic Signal-Bunker/7th Ave 23.24 11/10/2016 0101-43400-62005 Check Total: 2324 Vendor: AnkCol4 Anoka Co Recorder Check Sequence: 6 ACH Enabled: False 520 Recording Fees 46.00 11/10/2016 0101-41500-63215 Check Total: 46.00 Vendor: AnkCoOI Anoka Co Treasurer - Check Sequence: 7 ACH Enabled: False. AP -Computer Check Proof List by Vendor (11/10/2016 -12:14 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 130856 Signal Bunker & Quinn 845.10 11/10/2016 0101-00000-11310 130856 Signal Andover&Crosstown 780.86 11/10/2016 0101-43400-63100 Check Total: 1,625.96 Vendor: BarrEngi Barr Engineering Company Check Sequence: 8 ACH Enabled: False 23021026.01-6 Wellhead Prot Plan Phase H 173.50 11/10/2016 5100-48100-63005 Check Total: 173.50 Vendor: BerkoDav David Berkowitz Check Sequence: 9 ACH Enabled: False 2016 Medical Flex Acet 2,500.00 11/10/2016 0101-00000-21211 - Check Total: 2,500.00 Vendor: BjorkCom Bjorklund Companies LLC Check Sequence: 10 ACH Enabled: False 24839 Class 5 Gravel 654.55 11/10/2016 0101-43100-63300 Check Total: 654.55 Vendor: BlamBro -Blaine Brothers Inc. Check Sequence: 11 ACH Enabled: False 0104160446 Ride on Led Smart Cap 924.00 11/10/2016 6100-48800-61115 0104160678 Bolt Flange Mount 127.49 11/10/2016 6100-48800-61115 Check Total: 1,051.49 Vendor: BoeltExc Boettcher Excavating & Septic Check Sequence: 12 ACH Enabled: False 2016-02802 Job Cancelled -Refund Permit 60.00 11/10/2016 0101-42300-52200 Check Total: 60.00 Vendor: Boyerl Boyer Truck Parts Check Sequence: 13 ACH Enabled: False 1100792 Parts for Unit 098 41.30 11/10/2016 6100-48800-61115 Check Total: 41.30 Vendor: BrockWhi Brock White Company, LLC Check Sequence: 14 ACH Enabled: False 12736209-00 Curing Blanket 174.36 11/10/2016 51004810061135 Check Total: 174.36 Vendor: Centerpt CenterPoint Energy Check Sequence: IS ACH Enabled: False City Hall/Senior Center 57.07 11/10/2016 0101-41910-62015 5950580 5825952 Equipment Building 22.19 11/10/2016 01014195062015 5825952 5840270 Water Treatment Plant 627.28 11/10/2016 5100-48100-62015 5840270 AP -Computer Check Proof List by Vendor (11/10/2016 -12:14 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 5840341 Prairie Knoll Park 15.85 11/10/2016 0101-41990-62015 5840341 5841153 Fire Station #1 69.41 11/10/2016 11/10/2016 0101-41920-62015 5841153 5841451 Fire Station #2 45.82 5100-48100-61005 11/10/2016 0101-41920-62015 5841451 5852601 Fire Station#3 66.41 S14556 11/10/2016 0101-41920-62015 5852601 5864630 Pumphouse#4 24.99 Safety Boots - Matt Cmmton 11/10/2016 5100-48100-62015 5864630 5883191 Sunshine Park 15.85 87.50 11/10/2016 0101-41970-62015 5883191 5893307 well #1 17.68 11/10/2016 5100-48100-62015 - 5893307 5907226 Pumphouse #6 15.85 11/10/2016 11/10/2016 5100-48100-62015 5907226 5927939 Purnphouse #7 15.85 0101-43100-61005 11/10/2016 5100-48100-62015 5927939 5945463 Well#3 15.85 S14556 11/10/2016 5100-48100-62015 5945463 6122874 Lift Station #4 15.85 Safety Boots - Tyler Jost 11/10/2016 5200-48200-62015 6122874 7575198 ASN Ballfields 22.19 123.00 11/10M16 0101-41980-62015 7575198 7725077 Lift Station #1 16.47 11/10/2016 5200-48200-62015 7725077 8743371 Waring House 15.85 11/10/2016 11/10/2016 0101-45000-62015 8743371 Check Total: 1,080.46 Vendor: ChetsSho Chefs Shoes, Inc. Check Sequence: 16 ACH Enabled: False 34301 Safety Boots - Micky Grant 169.98 11/10/2016 0101-43100-61005 514556 Safety Boots - Wayne Goodrich 70.00 11/10/2016 5100-48100-61005 514556 Safety Boots - Wayne Goodrich 70.00 11/10/2016 5200-48200-61005 S14556 Safety Boots - Mark Becker 175.00 11/10/2016 0101-43100-61005 514556 Safety Boots - Matt Cmmton 87.50 11/10/2016 5100-48100-61005 S14556 Safety Boots - Matt Cramton 87.50 11/10/2016 5200-48200-61005 514556 Safety Boots - Tim Green 87.50 11/10/2016 5200-48200-61005 S14556 Safety Boots - Ryan Eggink 175.00 11/10/2016 0101-43100-61005 514556 Safety Boots - Darrin Hansen 112.00 11/10/2016 0101-43100-61005 S14556 Safety Boots - Jeremy Johnson 169.99 11/10/2016 0101-45000-61020 S14556 Safety Boots - Tom Johnson 170.00 11/10/2016 0101-4500061020 514556 Safety Boots - Tyler Jost 175.00 11/10/2016 0101-45000-61020 514556 Safety Boots - Al Koester 123.00 11/10/2016 0101-41600-61005 514556 Safety Boots - Jerry Kroll 175.00 11/10/2016 0101-43100-61005 514556 Safety Boots - Kameron Kytonen 127.00 11/10/2016 0101-41600-61005 514556 Safety Boots - Jason Law 119.00 11/10/2016 0101-41600-61005 S14556 Safety Boots - JeffOkerstrom 132.00 11/10/2016 0101-45000-61020 514556 Safety Boots- Scott Protivinsky 87.50 11/10/2016- 5100-48100-61005 S14556 Safety Boots - Scott Protvinsky 87.50 11/10/2016 5200-48200-61005 514556 Safety Boots - Jerry Schander 175.00 11/10/2016 0101-45000-61020 S14556 Safety Boots - Terry Seeger 175.00 11/10/2016 0101-45000-61020 514556 Safety Boots - Jim Smith 87.50 11/10/2016 5100-48100-61005 514556 Safety Boots - Jim Smith 87.50 11/10/2016 5200-48200-61005 S14556 Safety Boots - Steve Thran 175.00 11/10/2016 0101-45000-61020 S14556 Safety Boots - John Wallace 160.94 11/10/2016 6100-48800-61020 AP -Computer Check Proof List by Vendor (11/10/2016 -12:14 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference S14556 Safety Boots - Steve Weinhold 87.50 11/10/2016 5100-48100-61005 S14556 Safety Boots - Steve Weinhold 87.50 11/10/2016 5200-48200-61005 514556 Safety Boots - Tim Green 87.50 11/10/2016 5100-48100-61005 Check Total 3,523.91 Vendor: CityAndo City of Andover Check Sequence: 17 ACH Enabled: False CH Park Lights - Storm Water 9.36 11/10/2016 010145000-62025 204323 Pumphouse #4 9.36 11/10/2016 5100-48100-62025 204323 Public Works - Storm Water 333.98 11/10/2016 0101-41930-62025 204320 2nd Parcel PW - Storm Water 256.05 11/10/2016 0101-41930-62025 204320 let Parcel PW - Storm Water 318.48 11/10/2016 0101-41930-62025 204320 Sunshine Park - Storm Water 9.36 11/10/2016 0101-45000-62025 204322 City Hall/Sr Ctr - Storm Water 254.46 11/10/2016 0101-41910-62025 204323 Strip Along Hanson Blvd 42.94 11/10/2016 2130-44000-62025 204323 Pumphouse #6 - Storm Water 9.36 11/10/2016 5100-48100-62025 204324 Pumphouse #7 - Storm Water 9.36 11/10/2016 5100-48100-62025 204325 Hidden Creek N - Storm Water 9.36 11/10/2016 0101-45000-62025 204326 Shadowbrook E PK - Storm Water 9.36 11/10/2016 0101-45000-62025 204327 Water Treatment Plant- Storm 89.06 11/10/2016 5100-48100-62025 204328 Fire Station 43 - Stonn Water 9.36 11/10/2016 0101-41920-62025 204329 Community Center - Storm Water 425.83 11/10/2016 2130-44000-62025 204330 Country Oaks Pk -Storm Water 9.36 11/10/2016 0101-45000-62025 204332 Hickory Meadows Pk - Stonn Wat 9.36 11/10/2016 0101-45000-62025 204348 Fire Station #1 - Storm Water 9.36 11/10/2016 0101-41920-62025 204349 Crooked Lake Boat Landing 9.36 11/10/2016 0101-45000-62025 212987 Eveland Fields - Stonn Water 9.36 11/10/2016 0101-45000-62025 212988 Fou Meadow Park - Storm Water 9.36 11/10/2016 0101-45000-62025 212989 Hawkridge Park - Storm Water 9.36 11/10/2016 0101-45000-62025 212990 Hidden Creek E Pk - Storm Wat 9.36 11/10/2016 0101-45000-62025 212991 Hills Of Bunker Lk W Park 9.36 11/10/2016 0101-45000-62025 212992 Northwoods East Park - Storm 9.36 11/10/2016 0101-45000-62025 212993 Northwoods West Park - Storm 9.36 11/10/2016 0101-45000-62025 212994 Oak Bluff Park - Storm Water 9.36 11/10/2016 0101-45000-62025 212995 Pine hills Park - Storm Water 9.36 11/10/2016 0101-45000-62025 212996 Pleasant Oaks Park - Storm Wat 9.36 11/10/2016 0101-45000-62025 212997 Prairie Knoll Park - Stonn 9.36 11/10/2016 0101-45000-62025 212998 Water Tower #1 -Storm Water 9.36 11/10/2016 5100-48100-62025 212999 Pumphouse #8 - Storm Water 9.36 11/10/2016 5100-48100-62025 213000 Red Oaks W Pk - Storm Water 9.36 11/10/2016 0101-45000-62025 213001 Terrace Park - Storm Water 9.36 11/10/2016 0101-45000-62025 213002 Timber Trails Park - Storm Wat 9.36 11/10/2016 0101-45000-62025 213003 Wild Iris Park - Storm Water 9.36 11/10/2016 0101-45000-62025 213004 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Pumphouse #1 - Storm Water 936 11/10/2016 5100-48100-62025 213005 Pumphouse #2 -Storm Water 9.36 11/10/2016 5100-48100-62025 213006 Pumphouse #3 - Storm Water 9.36 11/10/2016 5100-48100-62025 213007 Pumphouse #5 - Storm Water 9.36 11/10/2016 5100-48100-62025 213008 Langseth park - Storm Water 9.36 11/10/2016 0101-45000-62025 213009 Chesterton Commons Park 9.36 11/10/2016 0101-45000-62025 213012 Nordeens Park - Storm Water 9.36 11/10/2016 0101-45000-62025 213013 Creekview Crossing Park 9.36 11/10/2016 0101-45000-62025 213014 Kelsey Round Lk Park 9.36 11/10/2016 0101-45000-62025 213015 Strootman Park - Storm Water 936 11/10/2016 0101-45000-62025 213016 Fire Station #2 9.36 11/10/2016 0101-41920-62025 213076 Shady Knoll Park- Storm Water 9.36 11/10/2016 0101-45000-62025 213078 Oak Bluff Park 1,358.54 11/10/2016 0101-45000-62010 212995 Rose Park - Irrigation 2,572.94 11/10/2016 0101-45000-62010 214132 Public Works 4,129.08 11/10/2016 0101-41930-62010 204320 1929 Crosstown Blvd 9.36 11/10/2016 0101-41930-62025 204321 Sunshine Park 286.69 11/10/2016 0101-41970-62010 204322 City Hall/Senior Center 608.95 11/10/2016 0101-41910-62010 204323 Pumphouse #6 533.99 11/10/2016 5100-48100-62010 204324 Pumphouse #7 344.24 11/10/2016 5100-48100-62010 204325 Hidden Creek North Park 1,972.64 11/10/2016 0101-45000-62010 204326 Shadowbrook East Park 1,900,19 11/10/2016 0101-45000-62010 204327 Water Treatment Plant 3,149.58 11/10/2016 5100-48100-62010 204328 Fire Station #3 655.54 11/10/2016 0101-41920-62010 204329 Community Center 7,572.14 11/10/2016 2130-44000-62010 204330 Community Center 234.19 11/10/2016 2130-44100-62010 204330 County Oaks Park 174.29 11/10/2016 0101-45000-62010 204332 Jay St Sprinkler House 2,531.54 11/10/2016 2110-00000-11310 204333 ASN Ballfields 178.52 11/10/2016 0101-45000-62010 204334 ASN Sprinkler House - 5,922.89 11/10/2016 0101-45000-62010 204335 Woodland Estates Park 97.29 11/10/2016 0101-45000-62010 204340 Hickory Meadow Park 144.59 11/10/2016 0101-45000-62010 204348 Fire Station#1 919.75 11/10/2016 0101-41920-62010 204349 2600138th Ave NW 12.57 il/10/2016 4501-49300-62010 204350 Pumphouse#3 502.94 11/10/2016 5100-48100-62010 213007 Community Garden Plot 268.34 11/10/2016 - 4180-49300-62010 204323 Terrace Park - Imgation 16.16 11/10/2016 0101-45000-61020 204323 Slyzuk Property 9.36 11/10/2016 0101-41930-62025 204323 Check Total: 38,210.87 Vendor: StPaulCi City of St. Paul IN00018643 Asphalt Mix Check Sequence: IS 1,673.40 11/10/2016 0101-43100-61125 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference IN00018726 Asphalt Mix 1,947.71 11/10/2016 0101-43100-61125 Check Total: 3,621.11 Vendor: CMTDiver CMT Diversified Janitorial Svc Check Sequence: 19 ACH Enabled: False 3239 Monthly Cleaning Service 1,248.75 11/10/2016 0101-41930-63010 3239 Monthly Cleaning Service 1,417.50 11/10/2016 0101-41910-63010 3239 Monthly Cleaning Service 708.75 11/102016 0101-41920-63010 . Check Total: 3,375.00 Vendor: Colonial Colonial Life & Accident Check Sequence: 20 ACH Enabled: False 7156706-1101260 November 2016 Premium -E7156706 9.60 11/10/2016 7100-00000-21218 7156706-1101260 November 2016 Premium -E7156706 217.41 11/10/2016 0101-00000-21210 Check Total: 227.01 Vendor: Comcast4 Comcast Check Sequence: 21 ACH Enabled: False 900524839 Community Center - PRI T1 Loop 18.47 11/10/2016 2130-44000-62030 900524839 Fire Station #1 - PRI Tl Loop 23.09 11/10/2016 0101-41920-62030 900524839 City Hall - PRI T1 Loop (57%) 131.63 11/10/2016 0101-41910-62030 900524839 Water Treatment Plant - PRI TI 16.17 11/10/2016 5100-48100-62030 900524839 Public Works -PRI Tl Loop (18 41.57 11/10/2016 0101-41930-62030 Check Total: 230.93 Vendor: Comcast5 Comcast Check Sequence: 22 ACH Enabled: False 8772107890001086 Andover Station N Ballfields 46.90 11/10/2016 0101-41980-62030 763-767-2547 8772107890001086 Fire Station #2 46.90 11/10/2016 0101-41920-62030 763-421-9426 8772107890001086 Fire Station #1 84.85 11/10/2016 0101-41920-62030 763-755-9825 8772107890001086 _ Public Works - Internet 99.98 11/10/2016 0101-41930-62030 8772107890001086 Public Works 22.95 11/10/2016 0101-41930-62030 763-755-8118 8772107890001086 Public Works 91.80 11/10/2016 5100-48100-62030 763-755-8118 8772107890001086 Water Treatment Plant 121.75 11/10/2016 5100-48100-62030 763-862-8874 8772107890001086 Community Center 218.74 11/10/2016 2130-44000-62030 763-755-2129 8772107890001086 Sunshine Park 20.95 11/10/2016 0101-41975-62030 763-755-9189 8772107890001086 Sunshine Park 20.95 11/10/2016 0101-41970-62030 763-755-9189 8772107890001086 City Hall 169.69 11/10/2016 0101-41910-62030 763-755-5100 8772107890001086 City Hall - Internet 99.98 11/10/2016 0101-41910-62030 8772107890001086 Fire Station #3 71.85 11/10/2016 0101-41920-62030 763-434-6173 Check Total: 1,117.29 Vendor: ComraAspl Commercial Asphalt Co. Check Sequence: 23 ACH Enabled: False AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 161031 Dura Drive (42A) 6.0%/5.1%, B 50.81 11/10/2016 0101-43100-61125 Check Total: 50.81 Vendor: Connex! Connexus Energy Check Sequence: 24 ACH Enabled: False Andover St Ballfield Lights 28.29 11/10/2016 0101-45000-62005 386026-292904 Andover St N Ballfield Lights 42.44 _ 11/10/2016 0101-43500-62005 386026-292034 Public Works 1,534.44 11/10/2016 0101-41930-62005 386026-159276 Langseth Park 12.67 11/10/2016 0101-45000-62005 386026-174273 Hidden Creek North Park 25.33 11/10/2016 0101-45000-62005 386026-174280 Fox Meadows Park 12.67 11/10/2016 0101-45000-62005 386026-175264 Nordeens Park 7.99 11/10/2016 0101-45000-62005 386026-175703 Electric Service 18.23 11/10/2016 0101-43500-62005 386026-230276 Wayside Horn - 1000 Crosstown Blvd. 22.19 11/10/2016 0101-43400-62005 386026-299229 Control Valve Vault 22.77 11/10/2016 5100-48100-62005 386026-201816 Signal - Crosstown & Andover Blvd. 39.79 11/10/2016 0101-43400-62005 386026-266238 1019 Andover Blvd - Wayside Horn, 21.37 11/10/2016 0101-43400-62005 386026-297583 Crooked Lake Boat Shelter 15.01 11/10/2016 0101-45000-62005 386026-298796 Signal- 13976 Hanson Blvd. NW 35.51 11/10/2016 0101-43400-62005 386026-298781 Oak Bluff Park -Security Light 24.61 11/10/2016 0101-45000-62005 386026-299378 Bus Sign - 1721 Bunker Lk Blvd 19.29 11/10/2016 2110-00000-11310 386026-299532 Bus Sign - 13980 Hanson Blvd 27.17 11/10/2016 2110-00000-11310 386026-299533 ASN Street Lights 253.47 11/10/2016 2110-00000-11310 386026-299989 Siren #5.2748161st Ave NW 5.00 11/10/2016 0101-42400-62005 386026-300397 Siren #12 - Bunker & Marigold St. NW 5.00 11/10/2016 0101-42400-62005 386026-300398 Siren #10- 145th & Vintage St. NW 5.00 11/10/2016 0101-42400-62005 386026-300399 Siren #I l - 138th Lane & Drake St. NW 5.00 11/10/2016 010142400-62005 386026-300400 Siren #6 - 16050 Constance Blvd. NW 5.00 11/10/2016 010142400-62005 386026-300401 Siren #8 - 1685 Crosstown Blvd. NW 5.00 11/10/2016 0101-42400-62005 386026-300402 Siren #2 - 174th & Round Lake Blvd. NW 5.00 11/10/2016 0101-42400-62005 386026-300403 Siren #9 - 139th & Crosstown Blvd. NW 5.00 11/10/2016 0101-42400-62005 386026-300404 Siren #7 - Andover Blvd. & Prairie Road 5.00 11/10/2016 0101-42400-62005 386026-300405 Siren #1 - 176th & Ward Lake Drive NW 5.00 11/10/2016 010142400-62005 386026-300406 Siren #3 - 16860 Roanoke St. NW 5.00 11/10/2016 0101-42400-62005 386026-300407 Siren #4 - 158th & Dakota St. NW 5.00 11/10/2016 0101-42400-62005 386026-300408 Hawkridge Park - Service #2 48.25 11/10/2016 010145000-62005 386026-301889 Chesterton Commons Pk -Security 8.38 11/10/2016 0101-45000-62005 386026-301899 Country Oaks W Pk -Security 8.38 11/10/2016 0101-45000-62005 386026-301901 CH Campus Outdoor Hockey Rinks 29.14 11/10/2016 010145000-62005 386026-302015 15700 7th St. - Traffic Signal 18.23 11/10/2016 0101-43500-62005 386026-275108 13914 Prairie Rd Traffic Sign 18.23 11/10/2016 0101-43500-62005 386026-282927 Altitude Control Vault 16.98 11/10/2016 5100-48100-62005 386026-303716 EDAReader Board 17.43 11/10/2016 2110-46500-62005 386026-303870 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Pagel Invoice No Description Amount Payment Date Acct Number Reference Hills Bunker Lk W Pk See Light 8.38 11/10/2016 0101-45000-62005 386026-294591 13711 Crosstown Blvd NW 49.53 11/10/2016 2110-46500-62005 386026-303295 Sports Complex -3535161st Ave 939.36 11/10/2016 0101-45000-62005 386026-304108 Signal & Lights - 16119 Hanson 73.38 11/10/2016 0101-43400-62005 386026-305951 Recycling Center 40.42 11/10/2016 0101-46000-62005 386026-304690 Round Lake & 136th 4.56 11/10/2016 0101-43500-62005 386026-201283 Round Lake & 135th - 4.56 11/10/2016 0101-43500-62005 386026-201284 County Road 9 & 116 20.51 11/10/2016 0101-43500-62005 386026-201749 Round Lake & 138th 14.64 11/10/2016 0101-43500-62005 386026-201751 Bunker & Hanson 18.23 11/10/2016 0101-43500-62005 386026-203068 Round Lake 140th 18.23 11/10/2016 0101-43500-62005 386026-201777 Bunker Lake & Heather 21.96 11/10/2016 0101-43500-62005 386026-251490 Bunker Lake & Rose St 14.64 11/10/2016 0101-43500-62005 386026-251491 Bunker Lake & Jay 29.27 11/10/2016 0101-43500-62005 386026-251653 Signal Bunker & Crosstown 29.27 11/10/2016 0101-43500-62005 386026-251654 Signal Andover & Crosstown 29.27 11/10/2016 0101-43500-62005 386026-266238 Signal 1600 Crosstown 29.27 11/10/2016 0101-43500-62005 386026-269010 Signal - 14298 Round Lake 14.64 11/10/2016 0101-43500-62005 386026-279219 Signal 15390 Hanson Blvd 18.23 11/10/2016 0101-43500-62005 386026-287969 Signal 15698 Round Lake Blvd 18.23 11/10/2016 0101-43500-62005 386026-290712 Signal 13976 Hanson BLvd 18.23 11/10/2016 0101-43500-62005 386026-298781 Andover Station II - Lights 249.75 11/10/2016 2110-00000-11310 386026-295855 Crooked Lk Elementary Rink 41.50 11/10/2016 0101-45000-62005 386026-306807 Wash Station - Public Works 59.60 11/10/2016 0101-41930-62005 386026-308646 Bunker Lake & Crosstown - Signal 50.10 11/10/2016 0101-43400-62005 386026-251654 Lift Station #4 211.94 11/10/2016 5200-48200-62005 386026-251905 Signal 1594 Andover Blvd 18.23 11/10/2016 0101-43500-62005 386026-284894 Pumphouse 47 787.51 11/10/2016 5100-48100-62005 386026-255064 13551 Jay Street -Lights 153.10 11/10/2016 2110-00000-11310 386026-255962 Martin&Commercial- Lights 204.99 11/10/2016 2110-00000-11310 386026-255963 Lift Station #6 44.43 11/10/2016 5200-48200-62005 386026-275284 Prairie Knoll Park 558.06 11/10/2016 0101-45000-62005 386026-275569 Lift Station #7 34.81 11/10/2016 5200-48200-62005 386026-276742 Timber Trail Park Security Lights 10.08 11/10/2016 0101-45000-62005 386026-277955 Fire Station #3 403.02 11/10/2016 0101-41920-62005 386026-279236 Community Center 15,995.17 11/10/2016 2130-44000-62005 - 386026-281212 Lift Station 48 51.49 11/10/2016 5200148200-62005 386026-281840 13914 Prairie Road - Signal 30.99 11/10/2016 0101-43400-62005 386026-282927 Andover Blvd & Hanson - Signal 39.33 11/10/2016 0101-43400-62005 386026-284894 Pine Hills Park 12.67 11/10/2016 0101-45000-62005 386026-256788 Hidden Creek North Park 15.82 11/10/2016 0101-45000-62005 386026-261455 Shadowbrook East Park 23.04 11/10/2016 0101-45000-62005 386026-267140 _ City Hall Park Lighting 30.25 11/10/2016 0101-45000-62005 386026-268970 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 1600 Crosstown Blvd - Signal 39.91 11/10/2016 0101-43400-62005 386026-269010 2139 Bunker Lake - Signal 70.11 11/10/2016 0101-00000-11310 386026-269011 Terrace Park -Security Lights 8.38 11/10/2016 0101-45000-62005 386026-270409 Eveland Field -Security Lights 8.38 11/10/2016 0101-45000-62005 386026-270410 Wild Iris Park -Security Lights 8.38 11/10/2016 0101-45000-62005 386026-270411 Strootman Park -Security Lights 8.38 11/10/2016 0101-45000-62005 386026-270412 Water Treatment Plant 6,496.58 11/10/2016 510048100-62005 386026-271472 Sunshine Park - Electric 628.47 11/10/2016 0101-45000-62005 386026-273153 Pumphouse#8 1,146.87 11/10/2016 5100-48100-62005 386026-273808 157007th Ave - Signal 36.67 11/10/2016 0101-43400-62005 386026-275108 Fire Station#1 661.80 11/10/2016 0101-41920-62005 386026-68989 Lift Station#5 32.03 11/10/2016 5200-48200-62005 386026-273019 Cmmnunity Center Concession Stand 494.70 11/10/2016 2130-44100-62005 386026-281212 Red Oaks W Pk -Security Light 12.67 11/10/2016 0101-45000-62005 386026-246005 Lift Station #2 45.13 11/10/2016 5200-48200-62005 386026-250066 Lift Station#3 53.12 11/10/2016 5200-48200-62005 386026-250421 Northwood E Pk -Security Light 8.38 11/10/2016 0101-45000-62005 386026-250587 Bunker Lake & Heather St- Signal 44.42 11/10/2016 0101-43400-62005 386026-251490 Bunker Lake & Rose St - Signal 51.96 11/10/2016 0101-43400-62005 386026-251491 Bunker Lake & Jay St - Signal 46.86 11/10/2016 0101-43400-62005 386026-251653 Signal 15390 Hanson Blvd 36.31 11/10/2016 0101-43400-62005 386026-287969 1157 Andover Blvd - Well #9 2,573.14 11/10/2016 5100-48100-62005 386026-286880 Signal 15698 Rd Lk Blvd 35.51 11/10/2016 0101-43400-62005 386026-290712 Lift Station 49 33.43 11/10/2016 5200-08200-62005 386026-287602 Country Oaks Park 5.00 11/10/2016 0101-45000-62005 386026-289790 Round Lake & 136th - Signal 24.81 11/10/2016 0101-00000-13201 386026-201283 Round Lake & 135th -Signal 19.49 11/10/2016 0101-43400-62005 386026-201284 Round Lake & 135th - Signal 24.06 11/10/2016 0101-00000-13201 386026-201284 County Road 9 & 116 - Signal 34.46 11/10/2016 0101-43400-62005 386026-201749 County Road 9 & 116 - Signal 18.32 11/10/2016 0101-00000-13201 386026-201749 Pumphouse #4 329.23 11/10/2016 5100-48100-62005 386026-231280 City Hall Garage 19.29 11/10/2016 0101-41960-62005 386026-231281 Tower#2 25.08 11/10/2016 5100-48100-62005 386026-231282 Pumphouse#5 434.85 11/10/2016 5100-48100-62005 386026-237118 Hidden Creek E Pk -Sec Lightl 12.67 11/10/2016 0101-45000-62005 386026-238967 Pleasant Oaks -Security Light 12.67 11/10/2016 0101-45000-62005 386026-238968 Pumphouse #6 867.45 11/10/2016 5100-48100-62005 386026-245409 Kelsey/Rd Lk Pk -Security Light 12.67 11/10/2016 0101-45000-62005 386026-246004 Round Lake &161st -Signal 38.87 11/10/2016 0101-43400-62005 386026-230276 Hawkridge Park -Security Light 44.55 11/10/2016 0101-45000-62005 386026-230286 Sunshine Park 1,433.41 11/10/2016 010145000-62005 386026-230685 City Hall - Light 1,469.13 11/10/2016 0101-41910-62005 386026-231135 _ - Round Lake & 138th - Signal 33.54 11/10/2016 0101-43400-62005 386026-201751 AP -Computer Check Proof List by Vendor (11/10/2016 -12:14 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Pumphouse #1 47.09 Check Total: 11/10/2016 510048100-62005 386026-201767 Round Lake &140th -Signal 34.46 11/10/2016 0101-43400-62005 386026-201777 North Woods West Pak 22.77 11/10/2016 0101-45000-62005 386026-201868 Hanson & 138th Lane 13.50 3,733.00 11/10/2016 5300-48300-62005 386026-202678 Bunker & Hanson - Signal 46.86 11/10/2016 0101-43400-62005 386026-203068 Pumphouse #3 41.54 11/10/2016 5100-48100-62005 386026-203069 Prairie Knoll Park 34.82 11/10/2016 0101-45000-62005 386026-175813 Creekview, Crossing Park 12.67 11705 11/10/2016 0101-45000-62005 386026-175877 County Rd Intersect Lights 2,495.89 0101-43400-62005 11/10/2016 0101-43500-62005 386026-176059 Subdivision Interior Street Lt 14,655.90 24.59 11/10/2016 0101-43600-62005 386026-176201 Tower#1 19.75 11707 11/10/2016 5100-48100-62005 386026-178452 Fire Station 42 359.87 5200-48200-55210 11/10/2016 0101-41920-62005 386026-178835 Lift Station #I 115.44 91.18 11/10/2016 5200-48200-62005 386026-178836 Pumphouse, #2 68.35 11/10/2016 5100-48100-62005 386026-201125 Round Lake &136th -Signal 20.24 11/10/2016 0101-43400-62005 386026-201283 14298 Round Lake - Signal 34.46 11/10/2016 0101-43400-62005 386026-279219 Timber Trails Park - Irrigation 50.81 8859 - 11/10/2016 0101-45000-62005 386026-295855 Andover Station North Ballfld 681.28 0101-43200-61105 11/10/2016 0101-45000-62005 , 386026-292904 Shady Knoll Pk -Security Light 12.67 411.97 11/10/2016 0101-45000-62005 386026-304218 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 10 Check Total: 59,038.46 Vendor: Connex2 Connexus Energy Check Sequence: 25 ACH Enabled: False LGT0000289 Light Fixture - Crosstown Blvd, 3 Lights 3,733.00 11/10/2016 4140-49300-63010 Check Total: 3,733.00 Vendor: CoonRapi City of Coon Rapids Check Sequence: 26 ACH Enabled: False 11705 Traffic Signal- Hanson/133rd 34.24 11/10/2016 0101-43400-62005 11705 Traffic Signal- Crosstown/133rd 24.59 11/10/2016 0101-43400-62005 11707 2016 3rd Qtr Sewer Services 7,406.80 11/10/2016 5200-48200-55210 11707 2016 3rd Qtr Water Services 91.18 11/10/2016 5100-48100-55110 Check Total: 7,556.81 Vendor: CoumSSv Country Side Services of MN, Inc Check Sequence: 27 ACH Enabled: False 8859 Cutting Edge Kit 411.97 11/10/2016 0101-43200-61105 Check Total: 411.97 Vendor: CrowRive Crow River Farm Equipment Check Sequence: 28 ACH Enabled: False 180850 Misc. Supplies 20.90 11/10/2016 0101-43300-61020 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 11 Check Total: 20.90 Vendor: DehnOil Dehn Oil Company Check Sequence: 29 ACH Enabled: False 49885 Unleaded Fuel 646.88 11/10/2016 6100-48800-61045 49886 Diesel Fuel 2,574.00 11/10/2016 6100-48800-61050 Check Total: 3,220.88 Vendor: DeptLabo Department of Labor & Industry Check Sequence: 30 ACH Enabled: False 25940003004 October 2016 Surcharge Report -39.40 11/10/2016 -0101-42300-54325 25940003004 October 2016 Surcharge Report 1,97022 11/10/2016 0101-00000-23201 Check Total: 1,930.82 Vendor: DoverKen Dover Kennels Check Sequence: 31 ACH Enabled: False 804 Boarding for Cat 196.00 11/10/2016 0101-42500-63010 Check Total: 196.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 32 ACH Enabled: False 424231 Recycling Center Brochure 2,198.00 11/10/2016 0101-46000-63025 424492 Notice of Election 215.00 11/10/2016 0101-41310-63030 424493 Delq. Utility Assessment 46.58 11/10/2016 5100-48100-63025 424493 Delq. Utility Assessment 46.58, 11/10/2016 5200.48200-63025 424493 Delq. Utility Assessment 46.59 11/10/2016 5300-48300-63025 424494 Sample Ballot 32.25 11/10/2016 0101-41310-63030 424495 Public Accuracy Test 26.88 11/10/2016 0101-41310-63030 424496 IUPAmendment 59.13 11/10/2016 0101-41500-63025 Check Total: 2,671.01 Vendor: EganSery Egan Service Check Sequence: 33 ACH Enabled: False JC10145925 October 2016 Maint Andover/Crosstown 750.75 11/10/2016 0101-43400-62300 Check Total: 750.75 Vendor: ElderJon Elder -Jones Building Check Sequence: 34 ACH Enabled: False 2016-02713 Refund Window Installation Permit 60.00 11/10/2016 0101-42300-52185 Check Total: 60.00 Vendor: EmerAppa Emergency Apparatus Maim Check Sequence: 35 ACH Enabled: False 86658 Labor for Unit#WT31 2,816.62 11/10/2016 6100-48800-63135 86658 Freon for Unit 9WT31 129.48 11/10/2016 6100-48800-61115 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 12 Check Total: 2,946.10 Vendor: EmerMedi Emergency Medical Products, Inc Check Sequence: 36 ACH Enabled: False 1862200 Test Strips 75.58 11/10/2016 0101-42200-61020 Check Total: 75.58 Vendor: EvergRec Evergreen Recycling LLC Check Sequence: 37 ACH Enabled: False 1947 Recycling Mattresses on Recycling Day 1,442.00 11/10/2016 0101-46000-63010 Check Total: 1,442.00 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 38 ACH Enabled: False 128-Z00500 Batteries 315.06 11/10/2016 6100-48800-61115 Check Total: 315.06 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 39 ACH Enabled: False 0222623 MT-202SC Locator W/Soft Case 299.50 11/10/2016 5100-48100-61005 0222623 MT-202SC Locator W/Soft Case 299.50 11/10/2016 5200-48200-61005 Check Total: 599.00 Vendor: FilowicS Shawn Filowich Check Sequence: 40 ACH Enabled: False 2016-02289 Refund Trip Charge for Electrical 45.00 11/10/2016 0101-42300-52230 Check Total: 45.00 Vendor: Firshnpr First Impressions Building Services LLC Check Sequence: 41 ACH Enabled: False 26 Autoscrub Tiles @ Sunshine 467.50 11/10/2016 0101-41970-63010 26 Autoscrub Tiles @ Andover Station N 467.50 11/10/2016 0101-41980-63010 Check Total: 935.00 Vendor: ForceAm Force America Distributing LLC Check Sequence: 42 ACH Enabled: False IN001-1092929 Parts for Unit #199 72.35 11/10/2016 6100-48800-61115 Check Total: 72.35 Vendor: Frattato Frattallone's Hardware Ste Check Sequence: 43 ACH Enabled: False 27909 Misc. Supplies 27.96 11/102016 010142200-61020 27936 Spray Paint 9.98 11/10/2016 0101-43300-61020 27975 Air Tank Valve 3.99 11/102016 0101-42200-61020 28037 Cord Adapters 13.29 11/102016 0101-42200-61020 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference 28055 Tape Measure 5.99 - 11/10/2016 0101-43100-61205 28076 Parts for Unit #4888 15.27 11/10/2016 6100-48800-61115 28093 Lawn/Garden Sprayer 9.99 11/10/2016 5100-48100-61005 Check Total: 86.47 Vendor: G&K G&K Services Inc Check Sequence: 44 ACH Enabled: False 1182168588 Uniform Cleaning 27.93 11/10/2016 5100-48100-61005 1182168588 Uniform Cleaning 55.82 11/10/2016 5200-08200-61005 1182168588 Uniform Cleaning 27.89 11/10/2016 6100-48800-61020 1182168588 Uniform Cleaning 83.74 11/10/2016 0101-45000-61020 1182168588 Uniform Cleaning 27.93 11/10/2016 0101-43300-61020 1182168588 Uniform Cleaning 195.43 11/10/2016 0101-43100-61020 1182179773 Uniform Cleaning 23.53 11/10/2016 510048100-61005 1182179773 Uniform Cleaning 47.02 11/102016 5200-48200-61005 1182179773 Uniform Cleaning 164.62 11/10/2016 0101-43100-61020 1182179773 Uniform Cleaning 23.53 11/10/2016 0101-43300-61020 1182179773 Uniform Cleaning 70.55 11/10/2016 0101-45000-61020 1182179773 Uniform Cleaning 23.49 11/10/2016 6100-48800-61020 1182179774 Floor Mat Rental 61.25 11/10/2016 010141930-62200 1182179776 Floor Mat Rental 39.90 11/102016 0101-41910-62200 Check Total 872.63 Vendor: GaryCarl Gary Carlson Equipment Check Sequence: 45 ACH Enabled: False 01-29283-0 Misc. Supplies 259.39 11/10/2016 530048300-61145 Check Total: 259.39 Vendor: GopherSt Gopher State One -Call Inc Check Sequence: 46 ACH Enabled: False 6100155 Billable Locates 213.97 11/10/2016 5100-48100-63040 6100155 Billable Locates 213.98 11/10/2016 520048200-63040" Check Total: 427.95 Vendor: GovConn GovConnection, Inc. - Check Sequence: 47 ACH Enabled: False 54233439 Monitors 630.72 11/102016 0101-41420-61225 54249233 Computer Upgrades 20.36 11/10/2016 010141420-61225 54249383 Labels for Elections 150.40 11/10/2016 0101-41310-61005 Check Total: 801.48 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 48 ACH Enabled: False 201618 - 2016 Electrical Inspections 2,616.00 11/10/2016 010142300-63005 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PK Page 13 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 14 Check Total: 2,616.00 Vendor: Hawkms2 Hawkins Inc Check Sequence: 49 ACE Enabled: False 3971112 Chemicals for Water Treatment Plant 2,424.94 11/10/2016 5100-48100-61040 Check Total: - 2,424.94 Vendor: HydraPlu Hydraulics Plus & Consulting Check Sequence: 50 ACE Enabled: False 8279 Motor for Unit #11-207 300.00 11/10/2016 6100-48800-61115 Check Total: 300.00 Vendor: IDEAL Ideal Advertising, Inc Check Sequence: 51 ACH Enabled: False 7719 Stainless Steel Mugs 576.00 11/102016 0101-46000-61020 Check Total: 576.00 Vendor: InstrRes Instrumental Research, Inc Check Sequence: 52 ACH Enabled: False 10638 October 2016 Total Coliform Testing 279.00 11/102016 5100-48100-63005 Check Total: 279.00 Vendor: IsantiRe Isanti Ready -Mix, Inc. Check Sequence: 53 ACH Enabled: False 81696 Timber Trails Park Reconstruction 307.00 11/102016 4150-49300-63010 Check Total: 307.00 Vendor: Knox Knox Company Check Sequence: 54 ACH Enabled: False INV00850178 Lock Core & KeySecure Box 2,894.00 11/10/2016 010142200-61020 Check Total: 2,894.00 Vendor: LegShiel Legal Shield Check Sequence: 55 ACH Enabled: False 31833 November 2016 Premium 92.70. 11/10/2016 0101-00000-21219 Check Total: 92.70 Vendor: MetSales Metro Sales Incorporated Check Sequence: 56 ACH Enabled: False INV647570 Maintenance Contract 7.00 11/10/2016 5100-48300-62305 INV647570 Color Maintenance 495.00 11/10/2016 0101-41420-62305 INV647570 Maintenance Contract 221.00 11/10/2016 2130-44000-62305 - INV647570 Maintenance Contract 42.00 11/10/2016 0101-41420-62305 INV647570 Misc. Supplies 76.12 11/10/2016 0101-41420-61020 INV647570 Maintenance Contract 118.00. 11/10/2016 0101-42300-62305 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference INV647570 Maintenance Contract INV647570 Maintenance Contract INV650807 Ricoh Copier Lease @ Public Works Check Total: Vendor: MNFire3 MN State Fire Chiefs Assoc 235 Great Lakes Luncheon - Jerry S. Check Total: Vendor: NLSCPmd NLSC Products, Inc. 97734 Bulbs Check Total: Vendor: NoTechno Northern Technologies, LLC 19183 Grey Oaks 4th Addition 82.00 Check Total: Vendor: OfiDepot Office Depot 873519205001 Office Supplies 873519205001 Office Supplies 873519205001 Office Supplies 873519205001 Copy Paper 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519205001 CH Office Depot Supplies 873519318001 Office Supplies 876029156001 CC Office Depot Supplies 876029156001 CC Office Depot Supplies 876029156001 Office Supplies 82.00 Check Total: Vendor: OPUS21 OPUS 21 160951 September 2016 Utility Billing 160951 September 2016 Utility Billing 160951 September 2016 Utility Billing 82.00 Check Sequence: 61 11/10/2016 0101-41930-62305 470.50 11/10/2016 0101-43600-63010 11/10/2016 0101-41420-62305 104.00 11/10/2016 010141930-62200 1,615.62 Check Sequence: 57 25.00 11/10/2016 0101-42200-61310 25.00 Check Sequence: 58 66.25 11/10/2016 0101-41920-61120 66.25 Check Sequence: 59 873.00 11/10/2016 7200-00000-24202 873.00 1,199.24 Check Sequence: 61 2,427.33 Check Sequence: 60 104.53 11/10/2016 0101-43600-63010 11/10/2016 0101-42300-61005 99.99 11/10/2016 0101-41400-61005 6.07 11/10/2016 010141230-61005 629.55 11/10/2016 0101-41420-61005 23.39 11/10/2016 0101-41200-61005 31.19 11/10/2016 0101-41500-61005 23.39 11/10/2016 0101-41600-61005 7.80 11/10/2016 0101-41300-61005 15.59 11/10/2016 0101-41400-61005 38.98 11/10/2016 0101-42300-61005 15.59 11/10/2016 0101-41230-61005 4.89 11/10/2016 0101-41600-61005 106.14 11/10/2016 2130-44300-61005 106.14 11/10/2016 2130-44000-61005 -14.00 11/10/2016 2130-00000-20301 1,199.24 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (11/102016 - 12:14 PM) _ Page 15 Check Sequence: 61 2,427.33 11/102016 5300-48300-63010 1,665.03 11/10/2016 0101-43600-63010 1,716.08 11/10/2016 5200-48200-63010 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (11/102016 - 12:14 PM) _ Page 15 Invoice No Description Amount Payment Date Acct Number Reference 160951 September 2016 Utility Billing 5100-48100-63010 Check Total: Vendor: Plunkett Plunketfs Pest Control, Inc. 5556325 Pest Control 5556325 Pest Control 5564741 Pest Control 5564742 Pest Control 5564743 Pest Control 5564744 Pest Control 5564866 Pest Control 124.80 Check Total: Vendor: PremWate Premimn Waters, Inc. 600003-10-16 Water Cooler Rental @ Public Works 618221-10-16 Water Cooler Rental @ City Hall 124.80 Check Total: Vendor: RepSvices Republic Services #899 0899-002943834 November 2016 Recycling Service 0101-41930-63010 Check Total: Vendor: RMRServi RMR Services LLC 2016-369 September 2016 Meter Reading 2016-370 October 2016 Meter Reading Check Total: Vendor: SharperH Sharper Homes 1088 -Escrow 1088166th Ave NW _ 1088-Insp Fee 1088166th Ave NW. 735 -Escrow 735158th Ave NW 735-Insp Fee 735158th AveNW 735 158th Clean Storm Sewer 735 158th Clean Storm Sewer Check Total: Vendor: SignStat Sign Station, Inc. 10796 Maple View Park Inprovements 1,515.35 11/10/2016 5100-48100-63010 7,323.79 Check Sequence: 62 ACH Enabled: False -5.00 11/10/2016 2130-00000-20301 74.74 11/10/2016 2130-44000-63010 124.80 11/10/2016 010141910{3010 124.80 11/10/2016 0101-41920-63010 124.80 11/10/2016 0101-41920-63010 124.80 11/10/2016 0101-41930-63010 124.80 11/10/2016 0101-41920-63010 693.74 Check Sequence: 63 ACH Enabled: False 45.00 11/10/2016 0101-41930-62200 45.00 11/10/2016 0101-41910-62200 90.00 Check Sequence: 64 ACH Enabled: False 1,660.65 11/10/2016 0101-46000-63010 1,660.65 Check Sequence: 65 ACH Enabled: False 1,688.14 11/10/2016 5100-48100-63010 3,034.08 11/10/2016 5100-48100-63010 4,722.22 Check Sequence: 66 ACH Enabled: False 2,000.00 11/10/2016 7200-00000-24204 -50.00 11/10/2016 0101-41600-54180 7,250.00 11/10/2016 7200-00000-24204 -50.00 11/10/2016 0101-41600-54180 -211.28 11/10/2016 5200-48200-58100 -31.70 11/10/2016 0101-41400-54285 8,907.02 Check Sequence: 67 ACH Enabled: False 465.73 11/10/2016 4150-49300-63010 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 16 Invoice No Description - Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 17 Check Total: 465.73 Vendor: StarTri2 Star Tribune Check Sequence: 68 ACH Enabled: False 10962115 Nov 2016 Monthly IPad Subscription 16.96 11/10/2016 0101-41200-61320 Check Total: 16.96 Vendor: SutherEr Erick Sutherland Check Sequence: 69 ACH Enabled: False 2016 Day Care Flex Account 440.80 11/10/2016 0101-00000-21211 2016 Day Care Flex Account 562.40 11/10/2016 0101-00000-21211 Check Total: 1,003.20 Vendor: WasMgmt2 Waste Management- Blaine Check Sequence: 70 ACH Enabled: False 7497903-0500-9 October 2016 Garbage Service 89.80 11/10/2016 010141920-62020 7497904-0500-7 October 2016 Garbage Service 82.81 11/10/2016 010141920-62020 7497905-0500-4 November 2016 Garbage Service 150.40 11/10/2016 0101-41920-62020 74.97906-0500-2 October 2016 Garbage Service 112.85 11/10/2016 0101-41910-62020 7501107-0500-1 PW Garbage Disposal 542.07 11/10/2016 0101-41930-62020 7501107-0500-1 PW Garbage Disposal 712.44 11/10/2016 010145000-62020 7501107-0500-1 PW Garbage Disposal 294.27 11/10/2016 0101-46000-62020 Check Total: 1,984.64 Vendor: WHSecud WH Security Check Sequence: 71 ACH Enabled: False 150-1681-3487 Security System @ Sunshine Park 31.95 11/10/2016 010141970-63010 - 150-1682-7288 Security System@ Andover Station N 42.95 11/10/2016 0101-41980-63010 150-1689-0246 Security System @ Recycling Center 90.00 11/10/2016 0101-46000-63010 Check Total: 164.90 Vendor: WitmerAs Witmer Public Safety Group, Inc. Check Sequence: 72 ACH Enabled: False E1517620 Safety Towelette Wipes 128.35 11/10/2016 0101-42200-61020 Check Total: 128.35 Vendor: WoldSW SW Wold Construction, Inc. Check Sequence: 73 ACH Enabled: False 1126 -Escrow 1126166th Ave NW 1,500.00 11/10/2016 7200-00000-24204 1126-Insp Fee 1126166th Ave NW -50.00 11/10/2016 010141600-54180 Check Total: 1,450.00 Vendor: WSB WSB & Associates, Inc. Check Sequence: 74 ACH Enabled: False 2 2016 Seal Coating 100.00 11/102016 4140-49300-63005 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:14 PM) Page 17 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: Total of Number of Checks: 384,627.93 AP -Computer Check Proof List by Vendor (11/10/2016 - 12:33 PM) Page 2 ANL66WA- 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, City Engineer/Di for of Public Works�� FROM: Todd J. Haas, Assistant Public Works ' ector SUBJECT: Approve Removal of 3 Way Stop Sign/143`d Avenue NW & Xenia Street NW — Engineering DATE: November 15, 2016 INTRODUCTION The City Council is requested to approve the removal of the existing stop signs for westbound and eastbound traffic on 143`d Avenue NW at Xenia Street NW. DISCUSSION This intersection is currently a multiway (3 -Way) stop that was installed a number of years ago. This multiway stop does not meet the criteria identified in the MN Manuel on Uniform Traffic Control Devices in which the City follows for proper standards and rules to be utilized for placement of such signs. Please refer to the attached section of the manual, section 213.7 Multiway Stop Applications, for the placement criteria. Following the manual provides the City with consistency throughout the City on when and where signs are placed. Staff did contact the Anoka County Sheriff s Department and no report of accidents occurred at the intersection. In addition, vehicles counts were also taken and the amount of vehicles that were counted does not warrant the intersection to be all way stop situation. Attached is a copy of the letter that was sent to residents notifying them of the removal of the all way stop. Staff did not receive any calls from residents concerned about the removal of the stop signs. Vehicle speed was the primary reason the stop signs were originally installed for the eastbound and westbound traffic along 143rd Avenue NW. All streets in the neighborhood are 30 MPH and are posted at the entrances to the development from the county roads. If the stop signs are approved to be removed, staff will evaluate to ensure "Watch for Children" signs are installed coming into the general area of the neighborhood. Note: This intersection is one that the City Council reviewed during the September Bus Tour ACTION REQUIRED The City Council is requested to approve the removal of the existing stop signs for the westbound and eastbound traffic on 143`d Avenue NW at Xenia Street NW. Respectfully submitted, Z 0K Todd J. Haas Attachments: Sec.213.7 MN Manual on Uniform Traffic Control Devices, Letter to residents & Location map � EXCEPT RIGHT TURN R1 -10P OPTION: An EXCEPT RIGHT TURN (RI -10P) plaque may be mounted below the STOP sign if an engineering study determines that a special combination of geometry and traffic volumes is present that makes it possible for right - turning traffic on the approach to be permitted to enter the intersection without stopping. SUPPORT: The design and application of Stop Beacons are described in Section 4L.5. 2B.6 STOP Sign Applications GUIDANCE: At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs (see Sections 2B.8 and 2B.9). The use of STOP signs on the minor -street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12 -month period, or that five or more such. crashes have been reported within a 2 -year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street or highway. SUPPORT'. In many low volume situations with no unusual history of intersection crashes, no control at the intersections is a cost effective strategy. Research suggests that at most locations, increasing the level of intersection control will not improve safety (see FHWA-RD-81-084 Stop, Yield and No Control at Intersections). The use of STOP signs at grade crossings is described in Sections 8B.4 and 8B.5. 2B.7 Multi -Way Stop Applications SUPPORT: Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi -way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi -way stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.4 also apply to multi -way stop applications. GUIDANCE: The decision to install multi -way stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi -way STOP sign installation: A. Where traffic control signals are justified, the multi - way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B.Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop installation. Such crashes include rigbt-tum and left - tum collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th-per6entile approach speed of the major - street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, CA, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. 2B-9 December, 2011 oP1iON: Other criteria that may be considered in an engineering study include: A. The need to control left -tum conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D.An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi -way stop control would improve traffic operational characteris- tics of the intersection. 25.8 YIELD Sign (RI -2) Rt -2 1 ! The YIELD (RI -2) sign shall be a downward -pointing equilateral triangle with a wide red border and the legend YIELD in red on a white background. SIIPPORT. The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need to slow down to a speed that is reasonable for the existing conditions or stop when necessary to avoid interfering with conflicting traffic. 25.9 YIELD Sign Applications OPYTON: YIELD signs may be installed: A. On the approaches to a through street or highway where conditions are such that a full stop is not always required B. At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater. In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. C. For a channelized tum lane that is separated from the adjacent travel lanes by an island, even if the adjacent December, 2011 213-10 lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign. D.At an intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. E. Facing an entrance ramp onto a roadway, if engineering judgment indicates that control is needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation. 1 '1 AYIELD (RI -2) sign shall be used to assign right-of-way at the entrance to a roundabout. YIELD signs at roundabouts shall be used to control the approach roadways and shall not be used to control the circulatory roadway. Other than for all of the approaches to a roundabout, YIELD signs shall not be placed on all of the approaches to an intersection. When a YIELD sign is used at an intersec- tion other than a roundabout, at least one other approach to an intersection shall remain uncontrolled. 213.10 STOP Sign or YIELD Sign Placement 1 'B The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of the approach to which it applies. When the STOP or YIELD sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.36) shall be installed in advance of the STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign. The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. STOP signs and YIELD signs shall not be mounted on the same post. No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign. No items other than official traffic control signs, inventory stickers, sign installation dates, anti -vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs. No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be mounted on the fronts or backs of STOP or YIELD signs supports. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV June 20, 2016 Re: Removal of Existing Stop Signs/143rd Avenue NW and Xenia Street NW Dear Owner/Occupant: Over the past few years the City of Andover has been updating traffic sign throughout the City. Nine zones (9) are identified throughout the City in which signs are being removed, replaced or relocated along with potentially new signs being placed. Zone 2 in which you preside is completed except for the removal of unwarranted stop signs that are located at the intersection of 143rd Avenue NW and Xenia Street NW. The reason for this letter is to notify you that the existing 3 way stop sign at the intersection of 143rd Avenue NW and Xenia Street NW will be removed. Only the north leg for southbound traffic approaching Xenia Street NW will a stop sign remain in place. The reason the City will be removing the stop signs for the westbound and eastbound traffic along 143`d Avenue NW is due to a couple factors that have come into play. First, the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) mandates local authorities to place and maintain traffic control devices, as they deem necessary to carry out the provisions of Chapter 169 or local traffic ordinances, or to regulate, warn or guide traffic. Based on the engineering review of the guidelines in the MMUTCD, the existing all -way stop does not meet the guidelines as outlined. Second, stops signs are not a good use for speed control. Research suggests that at most locations, increasing the level of intersection control will not improve safety and also can provide a false sense of security as some motorist's tend to roll through stops signs or in some cases not even stop at all. If you have any questions or concerns, please contact me at (763) 767-5131 or Dave Berkowitz, Director of Public Works/City Engineer at (763) 767-5133 by Friday, July 15, 2016. Sincerely, / /�- _ �.7 l i Todd J. aas Asst. Public Works Director TJH:tjh 143rd Avenue NW and Xenia Street NW Intersection Q — 14324 Z 14319 14318 Z X 14316 -------------- 1755) 3737 14308 2 F - Q 2 w � XO 143RD AVE NW 0 143RD A 3822 11298 :1740 3810 11288 11289 J O m 15 to? s,8h 1 o be rcove� Date Created: November 09, 2016 • — 6+0P fEwia�✓\ , Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. ANDOVE 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 Council Members Jim Dickinson, City Administrator David D. Berkowitz, City Engineei Todd J. Haas, Assistant Public Works of Public Works�� Approve Removal of 3 Way Stop Sign/140'" Avenue NW & Underelift Street NW — Engineering November 15, 2016 INTRODUCTION The City Council is requested to approve the removal of the existing stop signs for northbound and southbound traffic on Underclift Street NW at 140'h Avenue NW. DISCUSSION This intersection is currently a multiway (3 -Way) stop that was installed a number of years ago. This multiway stop does not meet the criteria identified in the MN Manuel on Uniform Traffic Control Devices in which the City follows for proper standards and rules to be utilized for placement of such signs. Please refer to the attached section of the manual, section 213.7 Multiway Stop Applications, for the placement criteria. Following the manual provides the City with consistency throughout the City on when and where signs are placed. Staff did contact the Anoka County Sheriff's Department and no report of accidents occurred at the intersection. In addition, vehicles counts were also taken and the amount of vehicles that were counted does not warrant the intersection to be all way stop situation. Attached is a copy of the letter that was sent to residents notifying them of the removal of the all way stop. Staff did not receive any calls from residents concerned about the removal of the stop signs. Vehicle speed was the primary reason the stop signs were originally installed for the northbound and southbound traffic along Underclift Street NW. All streets in the neighborhood are 30 MPH and are posted at the entrances to the development from the county roads. If the stop signs are approved to be removed, staff will evaluate to ensure "Watch for Children" signs are installed coming into the general area of the neighborhood. Note: This intersection is one that the City Council reviewed during the September Bus Tour. ACTION REQUIRED The City Council is requested to approve the removal of the existing stop signs for the northbound and southbound traffic on Underclift Street NW at 140`s Avenue NW Respectfully submitted, Todd J. Haas `/ Attachments: Sec.2B.7 MN Manual on Uniform Traffic Control Devices, to resident & Location map ✓ R1 -10P OPTdON: An EXCEPT RIGHT TURN (RI -10P) plaque may be mounted below the STOP sign if an engineering study determines that a special combination of geometry and traffic volumes is present that makes it possible for right - turning traffic on the approach to be permitted to enter the intersection without stopping. SUPPORT: The design and application of Stop Beacons are described in Section 4L.5. 213.6 SWOP Sign Applications GUIDANCE: At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs (see Sections 2B.8 and 213:9). The use of STOP signs on the minor -street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12 -month period, or that five or more such crashes have been reported within a 2 -year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street or highway. suPPoxr. In many low volume situations with no unusual history of intersection crashes, no control at the intersections is a cost effective strategy. Research suggests that at most locations, increasing the level of intersection control will not improve safety (see FHWA-RD-81-084 Stop, Yield and No Control at Intersections). The use of STOP signs at grade crossings is described in Sections 8BA and 8B.5. 1- 2B.7 213.7 Multi -Way Stop Applications SUPPORT: Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi -way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi -way stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 213.4 also apply to multi -way stop applications. GUIDANCE: ' The decision to install multi -way stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi -way STOP sign installation: A. Where traffic control signals are justified, the multi - way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop installation. Such crashes include right -tum and left - tum collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th -percentile approach speed of the major - street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. 2B-9 December, 20H OPTLON: Other criteria that may be considered in an engineering study include: A. The need to control left -turn conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D.An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi -way stop control would improve traffic operational characteris- tics of the intersection. 21B.8 YIELD Sign (RI -2) Rt -2 The YIELD (Rl-2) sign shall be a downward -pointing equilateral triangle with a wide red border and the legend YIELD in red on a white background. suPPo_�¢l: The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need to slow down to a speed that is reasonable for the existing conditions or stop when necessary to avoid interfering with conflicting traffic. 2B.9 YIELD Sign Applications OPT10N: YIELD signs may be installed: A. On the approaches to a through street or highway where conditions are such that a full stop is not always required B. At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater. In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. C. For a channelized tum lane that is separated from the adjacent travel lanes by an island, even if the adjacent December, 2011 2B-10 lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign. D.At an intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. B. Facing an entrance ramp onto a roadway, if engineering judgment indicates that control is needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation. B •B AYIELD CRI -2) sign shall be used to assign right-of-way at the entrance to a roundabout. YIELD signs at roundabouts shall be used to control the approach roadways and shall not be used to control the circulatory roadway. Other than for all of the approaches to a roundabout, YIELD signs shall not be placed on all of the approaches to an intersection. When a YIELD sign is used at an intersec- tion other than a roundabout, at least one other approach to an intersection shall remain uncontrolled. 28.10 STOP Sign or YIELD Sign Placement _ B B The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of the approach to which it applies. When the STOP or YIELD sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.36) shall be installed in advance of the STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign. The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. STOP signs and YIELD signs shall not be mounted on the same post No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign No items other than official traffic control signs, inventory stickers, sign installation dates, anti -vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs. No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be mounted on the fronts or backs of STOP or YIELD signs supports. AC I T Y 0 F N6DOVER^ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV June 20, 2016 Re: Removal of Existing Stop Signs/140th Avenue NW and Underclift Street NW Dear Owner/Occupant: Over the past few years the City of Andover has been updating traffic sign throughout the City. Nine zones (9) are identified throughout the City in which signs are being removed, replaced or relocated along with potentially new signs being placed: Zone 2 in which you preside is completed except for the removal of unwarranted stop signs that are located at the intersection of 140th Avenue NW and Underclift Street NW. The reason for this letter is to notify you that the existing 3 way stop sign at the intersection of 140th Avenue NW and Underclift Street NW will be removed. Only the west leg for eastbound traffic approaching Underclift Street NW will a stop sign remain in place. The reason the City will be removing the stop signs for the northbound and southbound traffic along Underclift street NW is due to a couple factors that have come into play. First, the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) mandates local authorities to place and maintain traffic control devices, as they deem necessary to carry out the provisions of Chapter 169 or local traffic ordinances, or to regulate, warn or guide traffic. Based on the engineering review of the guidelines in the MMUTCD, the existing all -way stop does not meet the guidelines as outlined. Second, stops signs are not a good use for speed control. Research suggests that at most locations, increasing the level of intersection control will not improve safety and also can provide a false sense of security as some motorist's tend to roll through stops signs or in some cases not even stop at all. If you have any questions or concerns, please contact me at (763) 767-5131 or Dave Berkowitz, Director of Public Works/City Engineer at (763) 767-5133 by Friday, July 15, 2016. Sincerely, / Todd J' Haas Asst. Public Works Director TJH:tjh 140th Avenue NW and Underclift Street NW Intersection 14042 14036 14049 3628 3616 14030 14027 14021 14024 14015 14018 prop *- be revwiove,) Date Created: November 09, 2016 • —+cp S i� 1 fewta to Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 14023 "w 14012 14009 14015 14012 3747 3735 3723 14006 14003 14003 14002 • 0 F 13999 13993 13994 f 3746 3734 3722 3710 3696 1 13989 13979 13980 4 13977 3741 3729 3717 3703 3691 3667 3649 13967 a I39IH LN NW 1397H LN NW � N� 1391N LN 13961 3746 3732 3718 3706 3692 3666 3654 3640 prop *- be revwiove,) Date Created: November 09, 2016 • —+cp S i� 1 fewta to Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. ANL6 6Yo F • 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 Council Members Jim Dickinson, City Administrator David D. Berkowitz, City Engineer Todd J. Haas, Assistant Public Works of Public Works�D Approve Removal of 4 Way Stop Sign/138`" Lane NW & Underclift Street NW — Engineering November 15, 2016 INTRODUCTION The City Council is requested to approve the removal of the existing stop signs for northbound and southbound traffic on Underclift Street NW at 138h Lane NW. This intersection is currently a multiway (4 -Way) stop that was installed a number of years ago. This multiway stop does not meet the criteria identified in the MN Manuel on Uniform Traffic Control Devices in which the City follows for proper standards and rules to be utilized for placement of such signs. Please refer to the attached section of the manual, section 213.7 Multiway Stop Applications, for the placement criteria. Following the manual provides the City with consistency throughout the City on when and where signs are placed. Staff did contact the Anoka County Sheriff's Department and no report of accidents occurred at the intersection. In addition, vehicles counts were also taken and the amount of vehicles that were counted does not warrant the intersection to be all way stop situation. Attached is a copy of the letter that was sent to residents notifying them of the removal of the all way stop. The City Council did receive feedback by the neighborhood not to remove the 4 -way stop sign. Vehicle speed was the primary reason the stop signs were originally installed for the eastbound and westbound traffic along Underclift Street NW. All streets in the neighborhood are 30 MPH and are posted at the entrances to the development from the county roads. If the stop signs are approved to be removed, staff will evaluate to ensure "Watch for Children" signs are installed coming into the general area of the neighborhood. Note: This intersection is one that the City Council reviewed during the September Bus Tour. ACTION REQUIRED The City Council is requested to approve the removal of the existing stop signs for the northbound and southbound traffic on Underclift Street NW at 138`h Lane NW Respectfully submitted, i` 5 Todd J. Haas Attachments: Sec.213.7 MN Manual on Uniform Traffic Control Devices, Letter to residents & Location map./ oPTaox: An EXCEPT RIGHT TURN (R1 -10P) plaque may be mounted below the STOP sign if an engineering study determines that a special combination of geometry and traffic volumes is present that makes it possible for light - turning traffic on the approach to be permitted to enter the intersection without stopping. _ SIIPPORT: The design and application of Stop Beacons are described in Section 4L.5. 213.6 STOP Sign Applications GUIDANCE: At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs (see Sections 2B.8 and 2B.9). The use of STOP signs on the minor -street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12 -month period, or that five or more such crashes have been reported within a 2 -year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street or highway. SUPPORT: In many low volume situations with no unusual history of intersection crashes, no control at the intersections is a cost effective strategy. Research suggests that at most locations, increasing the level of intersection control will not improve safety (see FHWA-RD-81-084 Stop, Yield and No Control at Intersections). The use of STOP signs at grade crossings is described in Sections 8B.4 and 8B.5. 213.7 Multi -Way Stop Applications SUPPORT. Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi -way stops. include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi -way stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.4 also apply to multi -way stop applications. GUIDANCE: ' The decision to install multi -way stop control should be based on an engineering study. The following criteria should be considered in'the engineering study for a multi -way STOP sign installation: A. Where traffic control signals are justified, the multi - way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop installation. Such crashes include right -tum and left - tum collisions as well as right-angle collisions. C. Minimum volumes: I. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular; pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th -percentile approach speed of the major - street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. D. Where no single criterion is satisfied, but where Criteria B, CA, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. 2E-9 December, 20ll OPTION: Other criteria that may be considered in an engineering study include: A. The need to control left -tum conflicts; B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D.An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi -way stop control would improve traffic operational characteris- tics of the intersection. 2B.8 YIELD Sign (121-2) Rt -2 The YIELD (RI -2) sign shall be a downward -pointing equilateral triangle with a wide red border and the legend YIELD in red on a white background. SIDPPOBT: The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need to slow down to a speed that is reasonable for the existing conditions or stop when necessary to avoid interfering with conflicting traffic. 2B.9 YIELD Sign Applications OPTION: YIELD signs may be installed: A. On the approaches to a through street or highway where conditions are such that a full stop is not always required B. At the second crossroad of a divided highway, where the median width at the intersection is 30 feet or greater. In this case, a STOP or YIELD sign may be installed at the entrance to the first roadway of a divided highway, and a YIELD sign may be installed at the entrance to the second roadway. C. For a channelized tum lane that is separated from the adjacent travel lanes by an island, even if the adjacent December, 2011 2B-10 lanes at the intersection are controlled by a highway traffic control signal or by a STOP sign. D.At an intersection where a special problem exists and where engineering judgment indicates the problem to be susceptible to correction by the use of the YIELD sign. E. Facing an entrance ramp onto a roadway, if engineering judgment indicates that control is needed because acceleration geometry and/or sight distance is not adequate for merging traffic operation. o • o AYIELD (RI -2) sign shall be used to assign right-of-way at the entrance to a roundabout. YIELD signs at roundabouts shall be used to control the approach roadways and shall not be used to control the circulatory roadway. Other than for all of the approaches to a roundabout, YIELD signs shall not be placed on all of the approaches to an intersection. When a YIELD sign is used at an intersec- tion other than a roundabout, at least one other approach to an intersection shall remain uncontrolled. 2B.10 STOP Sign or YIELD Sign Placement < e••e The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of the approach to which it applies. When the STOP or YIELD sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.36) shall be installed in advance of the STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign. The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. STOP signs and YIELD signs shall not be mounted on the same post. No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign. No items other than official traffic control signs, inventory stickers, sign installation dates, anti -vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs. No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be mounted on the fronts or backs of STOP or YIELD signs supports. TT Y 0 F )O`E 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV June 20, 2016 Re: Removal of Existing Stop Signs/138th Lane NW and Undercliff Street NW Dear Owner/Occupant: Over the past few years the City of Andover has been updating traffic sign throughout the City. Nine zones (9) are identified throughout the City in which signs are being removed, replaced or relocated along with potentially new signs being placed. Zone 2 in which you preside is completed except for the removal of unwarranted stop signs that are located at the intersection of 138th Lane NW and Underclift Street NW. The reason for this letter is to notify you that the existing 4 way stop sign at the intersection of 138th Lane NW and Underclift Street NW will be removed. Only the west leg for eastbound traffic and the east leg for westbound traffic approaching Undercliff Street NW will the stop signs remain in place. The reason the City will be removing the stop signs for the northbound and southbound traffic along Underclift street NW is due to a couple factors that have come into play. First, the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) mandates local authorities to place and maintain traffic control devices, as they deem necessary to carry out the provisions of Chapter 169 or local traffic ordinances, or to regulate, warn or guide traffic. Based on the engineering review of the guidelines in the MMUTCD, the existing all -way stop does not meet the guidelines as outlined. Second, stops signs are not a good use for speed control. Research suggests that at most locations, increasing the level of intersection control will not improve safety and also can provide a false sense of security as some motorist's tend to roll through stops signs or in some cases not even stop at all. If you have any questions or concerns, please contact me at (763) 767-5131 or Dave Berkowitz, Director of Public Works/City Engineer at (763) 767-5133 by Friday, July 15, 2016. Sincerely, Todd J. aas Asst. Public Works Director TJH:tjh 138th Lane NW and Underclift Street NW Intersection 758 I .3722 1369 1 -377 I - 3733 I -3717 13691 13YIH IN NW 139TH LN NW 3788 3O 377 0 a .3918 i \ 13961 4 3732 3706 3692 3654 3640 5 3747 3719 13693 13857 13852 F 139 (H gVCNW 13oiH 0.vf VW 13973 13973 , 39TH AVE NW 13857 13892 13880 13999 3762 3734 13993 13994 f 13045 13844 13989 13979 13980 m 13977 3 13835 13836 0 3667 3649 13868 'o 13967 Nu+ 39TH LN a \ 13961 4 3732 3706 3692 3654 3640 5 3747 3719 13693 13857 13852 F 139 (H gVCNW 13oiH 0.vf VW 13973 13973 , 39TH AVE NW 13857 13892 13880 F 0 3762 3734 3708 3694 f 13045 13844 ' - 13835 13836 Y 13868 z f a 3773 3731 37053689 13823 13827 13828 0 13856 ,38TH IN NW �MT. In T:YIH l4 NW 3792 • 3778 13820 = 13819 13818 ' 13803 13808 a 3 13804 f 13803 13802 - 13747 13758 > 13786 g 13788 13785 13737 13752 13772 13770 0 13735 3719 13727 13748 3 13756 0 13742 5 _ 13728 3657 3633 0 0 13731 13714 F 8`&kll'4"L" NW cv na .......................... i E o U s+off $19N tJ be rewro✓ed Date Created: November 09, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Pu lic rks/City Engineer SUBJECT: Receive Assessment Roll/Waive Public earing/Adopt Assessment Roll/ 16-42/14317 Crosstown Boulevard NW/SS - Engineering DATE: November 15, 2016 INTRODUCTION The City Council is requested to receive the assessment roll, waive public hearing (assessment hearing) and adopt the assessment roll for Project 16-42, 14317 Crosstown Boulevard NW for sanitary sewer. DISCUSSION To expedite the process so that the property owner could pull a permit to connect the sanitary sewer for the subject property the petition and feasibility report along with waiving of public hearing and ordering the assessment roll was approved on November 1, 2016 at the regular scheduled City Council meeting. To complete the assessment process and to be able to certify the assessment the final steps are to receive the assessment roll, waive public hearing (assessment hearing) and adopt the assessment roll. BUDGETIMPACT The entire improvement cost will be assessed to the benefitting property over a 5 year period at 4.5% interest. ACTION REQUIRED The City Council is requested to receive the assessment roll, waive public hearing (assessment hearing) and adopt the assessment roll for Project 16-42, 14317 Crosstown Boulevard NW for sanitary sewer. Respectfully Submitted, David D. Berkowitz Attachments: Resolution & Assessment Roll cc: D. Andre Chouinard, Majestic Custom Electric Inc, 8800 Royal Ct NW, Ramsey, MN 55303 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING ASSESSMENT ROLL, WAIVING PUBLIC HEARING AND ADOPTING ASSESSMENT ROLL FOR PROJECT NO. 16-42,14317 CROSSTOWN BOULEVARD 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, 2018 and shall bear interest at the rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. To thefirst installment shall be added interest on the entire assessment from the date of this resolution until December 16, 2016. 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 15th day of November 2016, with Councilmembers, voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Special Assessment Roll DATE: November 15, 2016 PROJECT: 16-42 14317 Crosstown Blvd NW - Sanitary Sewer PIN: 27-32-24-31-0057 LOT: BLOCK: Address: 14317 Crosstown Blvd NW Sanitary Sewer Total Lateral Area Connection $ 5,135.00 $ 4,700.00 pd under#87-3 $ 435.00 Interest Rate: 4.50% Number of Payments: 5 Annual Payment: $ 1,169.71 Note: Actual front footage is 182 feet, the additional 82 feet would be assessed if ever subdivided. (Lateral Charge: $47/front foot x 100 feet = $4,700; 82 ft to be assessed if subdivided) 2017 2018 2019 2020 2021 TOTAL Principal $ 938.63 $ 980.87 $ 1,025.01 $ 1,071.14 $ 1,119.35 $ 5,135.00 Interest 231.08 188.84 144.70 98.57 50.36 713.55 Total $ 1,169.71 $ 1,169.71 $ 1,169.71 $ 1,169.71 $ 1,169.71 $ 5;848.55 Principal Balance: $ 4,196.37 $ 3,215.50 $ 2,190.49 $ 1,119.35 $ - Note: Actual front footage is 182 feet, the additional 82 feet would be assessed if ever subdivided. (Lateral Charge: $47/front foot x 100 feet = $4,700; 82 ft to be assessed if subdivided) 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 David Berkowitz, Citv Eneineer/Dir Public Works FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Accept Resignation/Park & Recreation Commission Member Elstrom- Engineering DATE: November 15, 2016 INTRODUCTION The City Council is requested to accept the resignation of Sarah Elstrom, Park and Recreation Commission member. DISCUSSION Sarah Elstrom gave her resignation at the last Park and Recreation Commission meeting due to her increasing responsibility and frequent travel with her job. Ms. Elstrom's term expires at the end of the year 2017. The next item on the agenda is to appoint the current alternate to serve the remaining term of Ms. Elstrom's. ACTION REQUESTED The City Council is requested to accept the resignation of Sarah Elstrom, Park and Recreation Commission member. Respectfully submitted, Todd J. Haas cc: Shane Stenzel, Park and Recreation Commission Chair (copy sent by e-mail) Attachment: Sarah Elstrom's Resignation letter 2282 133rd Lane NW Andover MN, 55304 Email: jddsaeCa)live.com Phone: 763-607-2533 To: Todd Haas Assistant Public Works Director CC: Andover City Council Dear Mr. Haas: Please accept this letter as my notice of resignation from the Park and Recreation Commission, effective November 4th 2016. After much consideration, I have decided that it is in the best interest of my family to resign my seat. With increasing responsibility and frequent travel with my day job, it has become harder for me to keep up with the Park Commission. This was not an easy decision to make, as I've really enjoyed my 3 years on the commission. I'm very grateful for the rewarding employment I've had with the city of Andover. Thank you for giving me this amazing opportunity to serve the community. Sincerely, Sarah Elstrom ECEIVE NOV 0 3 2016 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 City Council Jim Dickinson, City Administrator David Berkowitz, City Engineer/Dir or Public Works Todd J. Haas, Assistant Public Works Approve Appointment/Park & Recreation Commission -Engineering November 15, 2016 INTRODUCTION The City Council is requested to approve appointing Jon Angell to complete the term of Sarah Elstrom on the Park and Recreation Commission. DISCUSSION Jon Angell is the alternate that was selected during the last interviews for the Park and Recreation Commission vacancies. Mr. Angell has indicated to staff that he is willing to serve the remaining term of Sarah Elstrom's. The term expires on December 31, 2017. ACTION REQUESTED The City Council is requested to appoint Jon Angell to serve the remaining term of Sarah Elstrom on the Park and Recreation Commission. Respectfully submitted, 101r lloso•✓ Todd J. Haas cc: Shane Stenzel, Park and Recreation Commission Chair (copy sent by e-mail) ANA6W^___ "'� 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 Council Members Jim Dickinson, City Administrator David D. Berkowitz, City Engineer trek r of Public Works D➢a Todd J. Haas, Assistant Public Approve Installation of Street Light/149'h Avenue NW & Crosstown Boulevard NW — Engineering November 15, 2016 INTRODUCTION The City Council is requested to approve the installation of a street light at the intersection of 149`h Avenue NW and Crosstown Boulevard NW. The City Council had expressed interest in installing a second street light to provide additional light at the crosswalk at 149`h Avenue NW. Attached is the proposed location. BUDGETIMPACT Connexus Energy has provided a cost to install light at $3,316.00. This would be funded from the Road and Bridge Fund. ACTION REQUIRED The City Council is requested to approve the installation of a street light at the intersection of 149`h Avenue NW and Crosstown Boulevard NW Respectfully submitted, � Todd J. Haas Attachment: Location map 00116 Connems Enemy • 1-. I ; Oil , I 30-22-F2-2 wI I I Do _,.,... ,.,. 25.2-2__ AN 5a -t j. �.�---_ - 1 r T20958/ 1 QI I ,p 10 1 2414" 1 (n I W 253075 Z d I2 D122 -D24.3 25 kva r 1 I I T208630 j a I Z : ® - — ® I I ' �� 1 243176 D 1 241494 0 I 1 N A N Un ! 1 I N I i I I__._._...._.___.___._._ ....__.,__._......._.._____ d' i 243174 j R 33022SE QS 0226VW 02L ''� • .,.._, � I Proposed La�a.�ov1 1 Ar AND0859 149TH AVE j 30-22-D2D-1 ^i / �1 • 1 m15 kva I �6`egg 204 301 1 T25240 046838 11,2046' s ^+. �OLLAND0860k�s .- 30'22-R3 25 kva 1 I ' I / 242368 T20953 1 20'3 1 I � 243109 g 1 I 1 243115 I ,veCONNEXUS' 14601 Ramsey Blvd. ,;f; -ENERGY Ramsey, MN 55303 CITY OF ANDOVER -STREET LIGHT FOR CROSSTOWN AND 149TH Addr: ANOKA, ANDOVER, RAMSEY CTY/ANOKA CO. If WO#: W1633765 Date: 10/27/2016 S AS OF I THE INPIR TED SENTS DATE TO THETHE CBEIST ON OF OUROF TKNOWLEDGRICAL LEIETHIS City: ANDOVER Designer: DAN JOHNSON INFORMATION IS INTENDED FOR GENERAL USE ONLY AND IS NOT TO BE U8ED FOR EXCAVATION PURPOSES. STATE LAW REQUIRES ANYONE T/R/S: T32 R24 S22 763.323.4265 OIGOIN600-Z5y1168.O, BRAOING OR EXCAVATING TO OBTAIN A FIELD LOCATION OF ALLUTILITIEB. CALL OOPHERSTATEONECALLFORAFIELDLOCATIONAT 1- Job: OS3022SE - NTS page 1 of 1 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Finance Manager SUBJECT: Declare Surplus Equipment DATE: November 15, 2016 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the sale of these items through a State of Minnesota authorized process. • 1996 Ford LT8000 single axle truck with 57,729 miles with hook body, front plow, under body scraper and rear wing plow. • 1994 Chevrolet S 10 Blazer 4x4 with 90,273 miles. • 1997 Dodge 2500 4x4 regular cab with 116,969 miles. • 1998 Dodge 2500 4x4 regular cab with 51,680 miles with 9 ft. snow plow. • ABS Model AFP 1040.1 M28/4-21.60EX Submersible Pumps. 230 volt, 1 phase, 3.7 HP Motor, Designed to deliver 263 GPM @ Specified 25' TDH (6 total) DISCUSSION These items no longer in use, outdated, and/or have been replaced and no longer needed by staff. BUDGETIMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUESTED Staff is recommending that the City Council declare all items as surplus property and authorize the sale through a State of Minnesota authorized process. Respectfully submitted, Lee Brezinka (2) ND OVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City FROM: David D. Berkowitz, Director of PuNb cJWorks/City Engineer SUBJECT: Approve Amended Snow Removal and Ice Control Policy —Public Works DATE: November 15, 2016 INTRODUCTION The City Council is requested to approve the attached amended Snow Removal and Ice Control Policy. DISCUSSION Amendments are identified in red on the attached Snow Removal and Ice Control Policy. There is clean up language to match the operations with the critical change is the availability of snowplow operators between November 15`h and March 315` of any given snow removal season. To provide public safety and adequate service it is extremely important that there is personnel available to complete such work in an efficient and timely manner. ACTION REQUIRED The City Council is requested to approve the attached amended Snow Removal and Ice Control Policy. Respectfully submitted, k--t— David D. Berkowitz Attachments: Amended Snow Removal and Ice Control Policy's City of Andover Snow Removal and Ice Control Policy 1. Purpose and Need For Policy The City of Andover, being a growing City needs to annually review and adopt a policy regarding efficient and timely removal of snow and control of ice in order to best provide safe travel for the greatest number of persons. This policy outlines the responsibility within the Public Works Division in order to accomplish this goal. 2. Policy Each year the Public Works Division prepares a map of the City showing public streets, trails, and sidewalk system. The map is then divided into routes for the purpose of snow and ice control. Within Wit. o fthese c._ _.. .n .e FBI..:ca on all no en ...!l Snow removal routes will be plowed in the most efficient and cost effective manner. Operators will concentrate on higher volume streets within their routes to ensure they have provided access for emergency fire, police and medical services. The City, however, does not guarantee bare, dry pavement after each snowfall or that streets will be totally free of ice and snow or driving hazards common to Minnesota winter weather. City streets will generally be plowed within 24 hours from the start of a 2" or more snowfall. This requires 10 — 12 hours of plow operations for a normal snowfall of 2" to 6". Delays may occur due to equipment breakdowns and/or extreme weather conditions. 3. Procedures The Public Works Division along with the assistance of the Anoka County Sheriffs Department monitor street conditions. If conditions warrant attention, the Street Supervisor or designee will notify Public Works personnel in accordance with Public Works schedule for emergency call ins. 4. Commencement of Snow and Ice Operations a. Snow accumulations of 2" or more will warrant full snowplowing operations. b. Exception to this may be if the forecasted temperature for the day of the snowfall event is 50° F or above and the date is between March l" and April 30s' of that given year. C. Drifting of snow may warrant commencement of full snowplowing operations depending upon conditions. d. Icing of pavements may warrant full salting or sanding operations depending upon extent and conditions. Snow and ice control operations are expensive and involves the use of limited personnel and equipment. Consequently snowplowing operations will not generally be conducted for snowfall of less than 2 inches, unless conditions from the snow and/or icine event e€ sne+whas createed hazardous travel conditions. Updated: 4/07, 11/08, 11/15 5. How Snow Will Be Plowed Snow shall be plowed in a manner as to minimize any traffic obstructions. The center of the roadway will be plowed first. The snow shall be pushed from left to right, with the discharge going onto the boulevard area of the right-of-way. It is the departmental goal to have the entire street system cleaned after a "typical" snowfall in approximately 10 —12 hours. Depending on snowfall conditions, duration of the storm and equipment breakdowns, clean up operations can fluctuate. Snowplow operators are allowed to roll through stop signs to perform the snow removal operation. Snow at times may pile up in intersections causing site problems for vehicles. The City will come back when time permits to remove snow in these situations. This could be as long as two (2) weeks after the snow event. High volume intersections will take first priority. 6. Use of Salt Brine and Granular Salt The City is concerned about the effect salt has on the environment and will limit its use for that reason. Therefore, it is City policy to scrape the street surface with underkedy plows and then utilizes liquid salt brine sprayed onto the street surface along with granular salt. This provides for traction, but is not intended to provide bare pavement during winter driving conditions. The salt application is generally spread down the centerline of the roadway and limited amounts in cul-de-sacs with larger concentrations at intersections, curves, steep grades and high volume roadways. The City cannot be responsible for damage to grass caused by the salt mixture and therefore will not make repairs or compensate residents for salt damage to turf, plantings or trees in the street right-of-way. 7. Suspension of Operations Generally, operations shall continue until all roads are passable. Widening and clean up operations may continue immediately or on the following workieg day depending upon conditions and circumstances. Safety of employees and the public is important; therefore, plowing operations may be halted once employees have worked 14 — 16 hour shifts. Employees will be encouraged to take a 15 -minute break for every 4 — 5 hours worked. Employees will be required to meet with a supervisor after 14 hours to determine if the employee can continue or if the employee should have a minimum of eight hours of off duty rest time at an appropriate location. Depending on the extent of the storm employees from all Public Works Departments, City Hall and Community Center may be called upon to help clean up the affects of the storm. Non-union supervisory staff may also assist in the storm clean up effort in an attempt to lend a "helping hand" and to work together with union staff as a "team". Operations may be suspended during periods of limited visibility. Any decision to suspend operations shall be made by the Public Works Management staff and shall be based on the conditions of the storm. The City will continue to provide access for emergency fire, police and medical services during a major snow or ice storm. Updated: 4/07, 11/0811115 if the damage was caused by physical contact of a plow blade, wing or other piece of equipment. Mailboxes should be constructed sturdy enough to withstand snow rolling off a plow or wing; therefore, damage resulting from snow is the responsibility of the resident. Damage to fences, irrigation systems, trees or other private improvements will not be repaired or replaced by the City if they are in the right-of-way. Lawns that are scraped or gouged by City equipment will be repaired by top dressing and seeding the following spring. Residents are responsible to assist by watering these areas after being repaired. In instances where there is disagreement as to the source of the damage and responsibility, the City shall determine the responsibility. 13. Driveways One of the most frequent and biggest problems in snow removal from public streets is the snow deposited in driveways during plowing operations. Snow being accumulated on a plow blade has no place to go but into driveways. Plow operators make every attempt to minimize the amount of snow deposited in driveways, but amounts can still be significant. Based on priorities and staffing levels, City personnel do not provide driveway clean up. Possible exceptions are at the discretion of department management in emergency situations. 14. How to Keep Your Driveway Entrance from Filling with Snow Throughout the winter months, State, County and City snowplow crews will be out clearing highways, roads and streets during and after each snowfall. Homeowners and other property owners will be clearing their driveways at this same time. Many times while property owners are clearing their driveway a snowplow will go by and fill in the end of the freshly cleared driveway with snow from the street. This is not intentional, but there are ways this inconvenience can be minimized. The diagram below shows how you can clear snow around the end of your driveway opening to reduce the possibility you will have to do more re -clearing after the snowplow goes by on the road next to your driveway. The idea is to place as much snow as possible when clearing your driveway, in the direction of travel downstream on your side of the roadway. Next is to clear an area upstream from your driveway opening to form a "pocket" for the snow from the roadway to go into instead of at the end of your driveway. The result is more of the snow accumulation from clearing the roadway will go into this open pocket area and less at the end of your driveway. A note of caution is in order; please be extremely careful when working next to the roadway especially when snowplowing operations are in progress. Updated: 4/07, 11/0811/I5 15. 16. 17 18. Place original snow from end of drivcwa% on this s Clear this area of snow I at end of drivewav to form an opening for snow from road to go into Mail Delivery Clear this arca of sno%% at end of driveway to form an opening for snm% from road to go into cllv*� Place original snow from end of drivrvvav on this s Snowplow operators make every effort to remove snow as close to the curb line as practical and to provide access to mailboxes for mail delivery. However, it is not possible to provide perfect conditions and minimize damage to mailboxes with the size and type of equipment the City operates. Therefore, the final cleaning adjacent to mailboxes is the responsibility of each resident. Residents are encouraged to check with the Postmaster for correct installation procedures for mailboxes. Fire Hydrants Fire hydrants are critical to minimize the potential losses involved in any fire. Residents are encouraged to assist the City by clearing hydrants near their property. If possible, they should be cleared five (5) feet on each side to allow Fire Department access. Garbage/Recycling Efficient snowplowing requires that garbage and recycling containers be accessible for pick up and be placed off the street to allow for snow removal. The containers may have to be placed in the driveway to meet both of these requirements. It is the responsibility of the resident to see that containers are not in the way of the snowplow and is also in a spot accessible for garbage and recycling trucks. Sidewalk and Trails The City is responsible for plowing snow from designated sidewalk and trail systems. This however does not include all sidewalks. Sidewalks and trails that are adjacent to public buildings will be cleared before the beginning of business hours. The remaining City sidewalks and trails will be plowed as soon as possible after all City streets have been plowed. Sidewalk and trail plowing will occasionally not be started until the following workday. This will be determined by the severity of the weather, personnel and equipment. Sidewalks and Updated: 4/07, 11/0811/15 trails are cleared of accumulated snow but will not be maintained to a "clean pavement" condition. 19. Parking Lots The City is responsible for snow and ice removal of City facility parking lots. These facilities include: • City Hall/Senior Center Complex • All three Fire Stations • Water Treatment Plant • Andover Community Center/YMCA • Public Works Facility • City Park parking lots as listed: Hawkridge Park, Pleasant Oaks Park, Hidden Creek North Park, Prairie Knoll Park, Fox Meadows Park, Kelsey Round Lake Park, Andover Station North Park, Crooked Lake Boat Landing, Lions Park, Shadowbrook Park, Wild Iris Park, City Hall North Park. • Driveways for 9 Sanitary Sewer Lift Stations • Driveways for 9 City Well House Locations • Water Tower Driveways (2) The City does not guarantee these parking lots and driveways will be free from driving and walking hazards common to Minnesota winter weather and may be partially covered with snow and/or ice. 20. Complaints Complaints regarding snow and ice control or damage shall be taken during normal working hours and handled in accordance with normal City operating procedures. Complaints involve access to property or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed 24 -hours for most complaints. It should be understood that complaint responses are to ensure that provisions of this policy have been fulfilled and all residents of the City have been treated uniformly. It is the City's intention to log all complaints and upgrade this policy as necessary in consideration of the constraints of our resources. Please call the Public Works Division at 763-767-5178795 5100 or fill out an on-line comment at www.ci.andover.mn.us to register a complaint. Complaints shall be sent to the Streets Maintenance Supervisor or Streets Maintenance Leadperson. The complaint shall be documented and a determination of fault and correction plan shall also be documented. The Supervisor or Leadperson will respond by e-mail or telephone on how the issue will be addressed. Updated: 4/07, 11/0811-115 A *6W ((2LOq) 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 Administnl FROM: Lee Brezinka, Finance Manage SUBJECT: Approve Cleaning Services Services, LLC DATE: November 15, 2016 rsified & First Impressions Building INTRODUCTION The City has a cleaning service that cleans City Hall, Public Works, and the fire stations. City Hall and Public Works is cleaned three times a week and the fire stations and Senior Center is cleaned once per week. The contract for cleaning services through CMT Diversified and First Impressions Building Services, LLC expires on December 31, 2016. The weekly cleaning services is done by CMT Diversified and the semi- annual tile floor scrubbing and the strip/wax of the linoleum floors, window cleaning, kaivac restrooms and carpet cleaning are done by First Impressions Buildings Services, LLC. Both are owned by the same individual and in the past were done under CMT Diversified. DISCUSSION Finance is recommending that the City renew the contract with CMT Diversified and First Impressions Building Services, LLC. The City has had an excellent working relationship with these companies, and is very pleased with the quality of their cleaning services. CMT Diversified and First Impressions Building Services, LLC are instrumental in maintaining the appearance and cleanliness of Andover's facilities. BUDGETIMPACT The fee will be $33,240 for weekly cleaning services for 2017 and $9,557 for the semi-annual cleaning jobs for 2017. This is a slight increase over the last three year contract but additional buildings have been added to the semi-annual cleaning schedule. ACTION REQUESTED The Andover City Council is requested to approve the attached Cleaning Service Contract with CMT Diversified and First Impressions Building Services, LLC. Respectfully submitted, Lee Brezinka Attachment s CONTRACT This is a one (1) year contract and will expire on December 31, 2017. Thirty (30) days prior to the anniversary date we will be in contact for a renewal and to discuss any new potential cleaning duties, terms, etc. A thirty (30) day written notice is needed to end this contract. With the proper thirty (30) day notice, this Agreement will end at midnight on the anniversary date. Otherwise, this contract may be terminated for non-performance. Either City of Andover or CMT Diversified may end this contract for non-performance by following these steps: The party who wishes to end this contract must give the other party a written notice detail the "nonperformance" which is causing the claimant to consider ending the contract. 2. The party in fault will have thirty (30) days to fix the problem to the satisfaction of the claimant. If the "nonperformance" is corrected to the satisfaction of the claimant, this contract will remain in effect. 4. If the "nonperformance" is not corrected to the satisfaction of the claimant, the claimant must then give the defendant a written notice detailing why they feel that their needs are not being fairly met. This contract will then terminate thirty (30) days after the party has received this second notice. These steps can be waived, and this contract can be terminated immediately if both City of Andover and CMT Diversified agree to this. The signature of the City of Andover representative who has authority to form this agreement with CMT Diversified and the company they represent indicates that City of Andover understands and agrees with all of the terms of this contract. ❑ Commercial Cleaning Janitorial services for City of Andover at outlined on the attached at a monthly rate of $2,770.00 Please indicate the following start date: January 1, 2017 Date Marcia Arlt Date City of Andover CMT Diversified CLEANING BID PROPOSAL (roundedsto;the nearest dollar) PROPOSED 1 YR CONTRACT JAN CURRENT 2017 THRU DEC 20V7 >-> Cleaning per month- this price reflects addl duties added to Sr Ctr from past year and includes a Detail deep clean of door frames, chairs, top to bottom Cleaning per month $2,63800 S ring/Pali cleaning $2,770.00 ""Increase on the cleaning is clue to additional duties added in 5r Ctr, wage variances since 2011,.insurance and supply cost increases CONTRACT This is a one (1) year contract which will expire December 31, 2017. Thirty (30) days prior to the anniversary date we will be in contact for a renewal and to discuss any new potential cleaning duties, terms, etc. A thirty (30) day written notice is needed to end this contract. With the proper thirty (30) day notice, this Agreement will end at midnight on the anniversary date. Otherwise, this contract may be terminated for non-performance. Either City of Andover or First Impressions Bldg Services, LLC, may end this contract for non- performance by following these steps: The party who wishes to end this contract must give the other party a written notice detail the "nonperformance" which is causing the claimant to consider ending the contract. 2. The party in fault will have thirty (30) days to fix the problem to the satisfaction of the claimant. 3. If the "nonperformance" is corrected to the satisfaction of the claimant, this contract will remain in effect. 4. If the "nonperformance" is not corrected to the satisfaction of the claimant, the claimant must then give the defendant a written notice detailing why they feel that their needs are not being fairly met. This contract will then terminate thirty (30) days after the party has received this second notice. These steps can be waived, and this contract can be terminated immediately if both City of Andover and First Impressions Bldg Services, LLC agree to this. The signature of the City of Andover representative who has authority to form this agreement with First Impressions Bldg Services, LLC, and the company they represent indicates that City of Andover understands and agrees with all of the terms of this contract. City of Andover Floor Services outlined on the attached exhibits (you can take off any services that may not be needed in Spring and/or Fall and the price would adjust) Spring — Green Highlighted services for total pkg of $4752.00 Fall — Green Highlighted services for a total pkg of $4800.00 Please indicate the following start date: January 1, 2017 Date Marcia Arlt Date City of Andover First Impressions Bldg Svcs, LLC CITY OF ANDOVER -SPRING AUTOSCRUB NAME OF ACCOUNT FLOORS STRIP/WAX KAIVAC CARPET CLEAN FLOORS EXT/INT WINDOWS RESTROOMS TOTAL FOR ALL GREEN HIGHLIGHTED WORK TO BE PERFORMED $4752.00 City Andover billed +tax CITY HALL Copy Room CITY HALL Girlscoul Room PUBLIC WORKS Kitchen - PUBLIC WORKS Small Shop Ofc SENIOR CENTER FIRE DEPT 1 Kitchen FIRE DEPT 2 FIRE DEPT Hallway Only WATER TREATMENT Ext only CITY OF ANDOVER - FALL AUTOSCRUB NAME OF ACCOUNT FLOORS CARPET CLEAN STRIP/WAX FLOORS EXT/INTWINDOWS KAIVAC RESTROOMS TOTAL FOR ALL GREEN HIGHLIGHTED WORK TO BE PERFORMED $9800.D0 City Andover billed + tax CITY HALL Co Room incl scrub of walls/Floors PUBLIC WORKS Kitchen incl scrub of walls/floors SENIOR CENTER incl scrub of walls/floors FIRE DEPT 1 incl scrub of walls/floors FIRE DEPT 2 inc I scrub of walls/floors FIRE DEPT 3 incl scrub of walls/floors incl scrub of walls/floors SUNSHINE PARK BLDG A ITY OF I3. ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve LMCIT Liability DATE: November 15, 2016 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION Attached is the "LMCIT Liability Coverage — Waiver Form" provided by the LMCIT, which provides a description of the options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGETIMPACT No budget impact if the City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. submitted, Attachment II CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@lmc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signature 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN SS103-2044 TOLL FREE: (800) 92S-1122 WEB: WWWLMC.ORO 1685 CRO TO: CC: FROM: SUBJECT: DATE: me 'BOULEVARD N.W.. ANDOVER, MINNESOTA 55 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Mayor and Councilmembers Jim Dickinson, City • (763) 755-5100 Commander Brian Podany - Anoka Counfy Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff November 15, 2016 1U. INTRODUCTION Commander Brian Podany 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 Brian Podany Anoka County Sheriff's Office CITY OF ANDOVER SEPTEMBER 2016 ITEMS Septe` TberAl6 � August 16 = U 2016 Calls For Service * 1,317 1,436 11,009 NA* Burglaries 4 5 22 43 Thefts 39 46 290 353 Crim Sex Conduct 2 6 20 18 Assault 3 2 36 25 Drugs ** - Citations - Arrests 17 14 87 134 8 9 8 3 37 46 -- Damage to Property 18 12 81 106 Harass Comm 5 1 25 44 Felony Arrests 8 4 48 40 Gross Misd Arrests 0 0 11 12 Misd Arrests 48 30 215 260 DUI Arrests 7 6 40 38 Domestic Arrests 2 7 28 19 Warrant Arrests 4 5 81 57 Traffic Arrests 115 101 NA*** 1,688 * Calls for Service are not available for 2015 "Addition of Drug item July 2015. *** YTD Traffic Arrests will be available for October 2016. DUI OFFENSES: DAY OF WEEK: Sunday Monday Tuesday Wednesday Thursday Friday Saturday TIME: 22:23 17:11 00:46 22:43 10:56 23:23 22:17 CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS SEPTEMBER 2016 ITESepternber b �Y. i 16 , q §' r+W F August`�16 � s 4i3j;(>Si�'S+ YTD?20016 AE W �,: . - n.�pi Xwrin 2015 , Calls For Service NA* 104 171 968 Accident Assist NA* 10 75 71 Vehicle Lock Out NA* 19 113 155 Extra Patrol NA* 100 1,491 2,408 House Check NA* 0 0 2 Business Check NA* 0 34 63 Animal Complaints NA* 29 187 244 Traffic Assist NA* 9 37 47 Aids: Agency NA* 30 292 406 Aids: Public NA* 26 271 251 Paper Service NA* 0 1 1 Inspections NA* 0 1 6 Ordinance Violations NA* 4 41 72 * CommunityService Officers'stats are not available for September at this time due to a computer upgrade which removed the program for their log activity. AN bD 60 VWE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administratc FROM: Lee Brezinka, Finance Manager SUBJECT: Award Bond Sale — Ehlers & Associates DATE: November 15, 2016 INTRODUCTION Todd Hagen from Ehlers & Associates, the City's Financial Advisor, will be in attendance to present the results of the City's sale of the following bonds authorized at the October 18, 2015 council meeting: $4,030,000 General Obligation (G.O.) Water Revenue Refunding Bonds, Series 2016B The sale opening will be at 10:00 a.m. on November 15' with consideration of the award of bid to be forwarded to the Andover City Council at approximately 7:00 p.m. that evening. DISCUSSION The City Council authorized at the October 18, 2016 council meeting to provide for the sale of the aforementioned bonds based on the following justification: $4,030,000 G.O. Water Revenue Refunding Bonds, Series 2016B These bonds are proposed to be issued to current refund the City's outstanding 2007B G.O. Water Revenue Refunding Bonds for interest rate savings. BUDGETIMPACT The $4,030,000 G.O. Water Revenue Refunding Bonds, Series 2016B are funded by net revenues of the water system. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution accepting the proposals on the sale of bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. Respectfully submitted, Veeclezmkav Attachments: Resolution EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: November 15, 2016 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on November 15, 2016, at 7:00 P.M., for the purpose in part of awarding the sale of $4,030,000 General Obligation Water Revenue Refunding Bonds, Series 2016B. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,030,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2016B AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Andover, Minnesota (the "City") owns and operates a municipal water system (the "System") as a separate revenue producing public utility and net revenues of the System are pledged to the payment of the City's outstanding $6,570,000 original principal amount of General Obligation Water Revenue Refunding Bonds, Series 2007B, dated March 13, 2007 (the "Prior Bonds"); and B. WHEREAS, other than the Prior Bonds, there is currently outstanding $2,365,000 original principal amount of General Obligation Bonds, Series 2009A, dated March 26, 2009, designated as the "System Improvements Portion" (the "Outstanding Bonds") of the City, the interest and principal of which constitute a prior lien upon the net revenues of the System; and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to provide moneys for a current refunding of $3,935,000 principal amount of the Prior Bonds which mature on and after February 1, 2018 (the "Refunded Bonds), by calling them for redemption and prepayment on February 1, 2017 (the "Call Date"), all in accordance with the provisions of the resolution of the City Council adopted on February 20, 2007, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and D. WHEREAS, the refunding of the Refunded Bonds is necessary and desirable for the reduction of debt service cost to the City; and E. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $4,030,000 General Obligation Water Revenue Refunding Bonds, Series 2016B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapters 444 and 475 to provide moneys to provide for a current refunding of the Refunded Bonds on the Call Date; and 79794141 F. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Finance Manager, or designee, at the offices of Ehlers at 10:00 A.M. on the date hereof, pursuant to the Preliminary Official Statement, dated November 3, 2016, established for the Bonds; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer. The proposal of (the 'Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Manager is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. , 2. Terms of Bonds. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated December 7, 2016, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount 2018 2019 2020 2021 2022 2023 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 2 79794141 (b) Book Entry OnlySystem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. vL'➢L•ZIEIriI (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry OnlySystem. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 4 7979414v1 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the 'Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2018 2019 2020 2021 2022 2023 5. No Optional Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the 'Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is 79794141 duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 9 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER GENERAL OBLIGATION WATER REVENUE REFUNDING BOND, SERIES 2016B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, December 7, 2016 034313 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and 7979414v1 interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Optional Redemption. All Bonds of this issue (the "Bond") shall not be subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,030,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on November 15, 2016 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Water Revenue Refunding Bonds, Series 2007B, dated March 13, 2007. This Bond is payable out of the Debt Service Account of the Issuer's General Obligation Water Revenue Refunding Bonds, Series 2016B Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file with the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as 7 7979414v1 herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exert Obli ag tion. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water system (the "System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 79794141 IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Deputy City Clerk. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION December 7, 2016 Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, This Bond is one of the ANOKA COUNTY, Bonds described in the MINNESOTA Resolution mentioned within. U.S. BANK NATIONAL /s/ facsimile ASSOCIATION, Mayor St. Paul, Minnesota Bond Registrar /s/ facsimile By Deputy City Clerk Authorized Signature 9 7979414v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cost) underthe (State) (Minor) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 10 79794141 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Deputy City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of December 7, 2016. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11 79794141 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment, Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery, Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Manager to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Water Revenue Refunding Bonds, Series 2016B Fund" (the "Fund") to be administered and maintained by the Finance Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall 12 79794141 be maintained in the manner herein specified until all of the Bonds herein authorized and the interest thereon shall have been fully paid. The Operation and Maintenance Account for the System (the "Operation and Maintenance Account") heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute and are referred to as "net revenues" until the Bonds have been paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all net revenues of the System as hereinafter set forth. The Finance Manager and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established and maintained accounts of the Fund for the purposes as follows: (a) Payment Account. The proceeds of the Bonds shall be deposited in the Payment Account. On or prior to the Call Date, the Finance Manager shall transfer $ of the proceeds of the Bonds from the Payment Account to the paying agent for the Prior Bonds. The sums are sufficient, together with other funds on deposit in debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all funds paid for the Bonds in excess of the minimum bid; (ii) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (iii) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (iv) any balance remaining after the Call Date, in the Prior Bonds General Obligation Water Revenue Refunding Bonds, Series 2007B Fund established by the Prior Resolution; (v) all investment earnings on funds in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations 13 7979414v1 may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Coverage Test; Pledge of Net Revenues and Excess Net Revenues. It is hereby found, determined and declared that the net revenues of the System, are sufficient in an amount to pay when due the principal and interest on the Bonds and the Outstanding Bonds and a sum at least five percent in excess thereof. The net revenues of the System are hereby pledged on a parity lien with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the Bonds. As used herein the term net revenues means the gross revenues derived by the City from the operation of the System, including all charges for service, use, availability, and connection to the System, and all monies received from the sale of any facilities or equipment of the System or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the System. Excess net revenues of the System in excess of those required for the foregoing may be used for any proper purpose. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient, in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 17. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues (together with other funds herein pledged) adequate to pay all principal and interest when due on the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". 18. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the net revenues of the System appropriated and pledged to the payment of the principal and interest on the Bonds, together with other funds irrevocably appropriated to the Payment Account or the Debt Service Account, shall at any time be insufficient to pay the principal and interest when due, the City 14 79794141 covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Payment Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Payment Account or Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds; Security and Prepayment. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 21. Certificate of Registration. The Deputy City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain a County Auditor's Certificate that the Bonds have been entered in the Bond Register. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the six month expenditure exemption from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor and or Deputy City Clerk are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or 15 79794141 desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2016 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 16 7979414v1 28. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Deputy City Clerk or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers. 30. Severability. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 31. Headings. Headings in this Resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: 17 7979414v1 and the following voted against the same: Whereupon the Resolution was declared duly passed and adopted. 18 79794141 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $4,030,000 General Obligation Water Revenue Refunding Bonds, Series 2016B. WITNESS my hand on November 15, 2016. Deputy City Clerk 19 79794141 EXHIBIT A PROPOSALS [To be supplied by Ehlers & Associates, Inc.] A-1 7979414v1 WOMM116.318:I NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2007B CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2017 those outstanding bonds of the City designated as General Obligation Water Revenue Refunding Bonds, Series 2007B, dated as of March 13, 2007, having stated maturity dates in the years 2018 through 2023, inclusive, and totaling $3,935,000 in principal in principal amount and having CUSIP numbers listed below: Year CUSIP AMOUNT 2018 034313 XQ4 $595,000 2019 034313 XR2 615,000 2020 034313 XSO 640,000 2021 034313 XT8 665,000 2022 034313 XU5 695,000 2023 034313 XV3 725,000 The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at the office of U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: November 15, 2016 BY ORDER OF THE CITY COUNCIL /s/ Lee Brezinka, Finance Manager *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. B-1 79794141 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 Discuss/Approve Ordinance Granting a Franchise to CenturyLink November 15, 2016 INTRODUCTION The City Council is asked to discuss and approve an ordinance granting a franchise to CenturyLink. The city is a member of the Quad Cities Cable Communications Commission. The Commission has negotiated the franchise agreement and has passed a resolution recommending approval of the CenturyLink franchise agreement by each member city. Karen George, Executive Director the Quad Cities Cable Communications Commission will be in attendance at the meeting to make a brief presentation. Patrick Haggerty, CenturyLink Government Affairs Director, will also attend the meeting and answer question the Council may have. DISCUSSION Attached are four documents for City Council review that will assist the Council on the requested action: • Commission Resolution • Staff memo outlining the agreement • Legal memo review of franchise application • Franchise Agreement The Quad Cities Cable Communications Commission, on behalf of the member cities Andover, Anoka, Champlin, and Ramsey, has accepted from CenturyLink (parent Company Qwest Broadband Services, Inc.) an application to provide cable television services in the Quad Cities service area. Commission staff and legal counsel have reviewed of the application; legal financial, and technical qualifications; and, completed negotiations with CenturyLink officials securing a franchise agreement that encompasses like features and obligations as the Comcast franchise agreement. The CenturyLink franchise will allow market competition offering cable television services currently serviced by incumbent operator Comcast. The Commission passed a resolution on October 20, 2016, recommending approval of the CenturyLink franchise application and agreement by member cities. ACTION REQUESTED The Council is asked to adopt the attached city ordinance granting a cable television franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink. The Council is also asked to approve the attached summary ordinance for publication purposes. submitted, Attachments QUAD CITIES CABLE COMMUNICATIONS COMMISSION RESOLUTION RECOMMENDING APPROVAL OF CENTURYLINK CABLE FRANCHISE APPLICATION WHEREAS, the cities of Andover, Anoka, Champlin, and Ramsey, Minnesota ("Cities") are members of the Quad Cities Cable Communications Commission ("Commission"), a municipal joint powers entity organized by an agreement pursuant to Minn. Stat. § 471.59, as amended, and; WHEREAS, the Cities enacted substantively identical ordinances granting cable television franchises (collectively, the "Franchise") authorizing the provision of cable television services within the Cities; and WHEREAS, as a result of several transfers, Comcast of Minnesota, Inc. ("Comcast") currently holds the Franchise; and WHEREAS, the Commission administers and enforces the Franchise and provides community programming and certain other cable -related services on behalf of the Cities, and; WHEREAS, the Commission has adopted a policy governing the processing and potential issuance of competitive cable franchises by the Cities, and; WHEREAS, the Commission is responsible for processing initial cable franchising requests and making associated recommendations to the Cities; and WHEREAS, the Cities retain final authority to approve and enact any initial franchise(s), and; WHEREAS, at the request of Qwest Broadband Services, Inc. d/b/a CenturyLink ("CenturyLink"), the Commission initiated the process for considering issuance of initial competitive cable franchises under Minnesota law, Minn. Stat., Ch. 238, and; WHEREAS, the Commission received a timely franchise application from CenturyLink dated June 3, 2015, and; WHEREAS, the application was considered by the Commission at a duly -noticed public hearing on June 18, 2015, and; WHEREAS, at the hearing, CenturyLink gave a presentation regarding the application and its proposed "Prism" video services, and the Commission received Comcast's written comments dated June 17, 2015 concerning the application, and; WHEREAS, federal law (47 U.S.C. § 541(a)(1)) provides that a franchising authority may not grant an exclusive cable franchise and "may not unreasonably refuse to award an 4884570 RJV QU2I0-6 additional competitive franchise," and; WHEREAS, state law (Minn. Stat. § 238.084, subd. 1(d)) also provides that cable franchises must be non-exclusive, and; WHEREAS, state law (Minn. Stat. § 238.08, subd. 1(b)) specifically provides for franchising of a competitive provider within an area already served, and; WHEREAS, state law includes a "level playing field" requirement, providing that grant of "an additional franchise for cable service for an area included in an existing franchise" must not be on "terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees," and; WHEREAS, CenturyLink's application notes that on March 5, 2007, the Federal Communications Commission ("FCC") released a Report and Order in its "Video Franchising" proceeding (MB Docket No. 05-311)("Order") concluding that "level playing field" requirements may result in unreasonable refusals to grant competitive franchises, and; WHEREAS, the Order preempts certain "level playing field" requirements, and; WHEREAS, at the conclusion of the public hearing, the Commission directed staff and legal counsel, Kennedy & Graven, to negotiate franchise terms with CenturyLink and such terms have been negotiated. NOW THEREFORE, BE IT RESOLVED that the Commission recommends that the Cities approve the CenturyLink franchise application based on the following: 1. CenturyLink's application substantially complies with the Commission's application instructions and requirements, and provides the information necessary to make a decision. 2. Minnesota's "level playing field" requirements, Minn. Stat. § 238.08, Subd. 1, are not preempted by the Order. 3. The franchise(s) negotiated with CenturyLink comply with the "level playing field" requirements, and issuance of franchises to CenturyLink will advance the Cities' interests in obtaining competitive cable and telecommunications services. 4. No basis to find CenturyLink legally, technically, or financially unqualified to receive franchises has been identified. The application and publically-available information reflect that: Legal: CenturyLink is authorized to do business in the state of Minnesota. The company represents that it has or will make all appropriate filings and preparations prior to offering cable service. 4884570 RJV QU210-6 Technical: CenturyLink's affiliate is certificated by the Minnesota Public Utilities Commission to provide telephone service in Minnesota. CenturyLink is one of Minnesota's largest incumbent local exchange carriers and currently provides telephone service in a portion of the City. CenturyLink or its affiliates are authorized to operate cable systems in multiple markets in the United State. The application identifies an experienced management team for cable operations, and describes a state-of-the-art delivery platform that will be utilized. Financial: CenturyLink's parent, CenturyLink, Inc., is a large publicly -traded telecommunications company. The application and other SEC filings publicly available on-line indicate that the company had operating revenues in excess of $18B for the fiscal year ended 2013. The application represents that CenturyLink will not require any unique funding sources or borrowing to deploy its cable service. The proposed franchises will also require CenturyLink to: • pay a 5% franchise fee and provide 3% PEG support; • post a $100,000 performance bond and a $25,000 letter of credit and be subject to specified sanctions for various potential franchise violations; • provide insurance of at least $1,500,000 (municipal statutory limit on liability) per person, and $2,000,000 aggregate; • indemnify the Cities from suits or liabilities arising out of cable operations, the franchise, or a franchise breach, and specifically indemnify the Commission and Cities against any claim by Comcast. Finally, CenturyLink's affiliate currently has rights to access rights-of-way and has constructed a telephone system and provides telephone and internet access services in the Cities. BE IT RESOLVED FURTHER that the Commission recommends that the Cities adopt the franchise negotiated by the Commission's staff and legal counsel. Approved and signed this t:,* day of 2016. Attest �..._, 'Ex cutive Director 488457v RIV QU210-6 QCCCC Work Session Item CenturyLink Franchise Summary September 12, 2016 To: Commissioners From: Robert J. V. Vose, Attorney, Kennedy & Graven, Chartered Subject: CenturyLink Franchise Summary The Quad Cities Cable Communications Commission, on behalf of the member cities Andover, Anoka, Champlin, and Ramsey, has accepted from CenturyLink (parent Company Qwest Broadband Services, Inc.) an application to provide cable television services in the Quad Cities service area. Commission staff and legal counsel have engaged in negotiations with CenturyLink officials crafting a draft franchise agreement that encompasses like features and obligations as the Comcast franchise agreement. The proposed CenturyLink franchise will allow market competition offering cable television services currently serviced by incumbent operator Comcast. This memo outlines the terms of the drafted franchise agreement to be presented at the September 15, 2016 commission work session. Level Playing Field Franchise Fees CenturyLink required to pay a franchise fee of 5% of its Gross Revenues. Includes language address "bundling" and interest (10% per annum) on underpayments. Public, Educational, and Governmental Access Requirements Number of Access Channels CenturyLink will provide 7 Access Channels (comparable to number of Access Channels as Comcast). Format of Access Channels CenturyLink will provide all Access Channels in HD if the City sends them HD format (exceeds Comcast's commitment). 48616M QU210-6 Electronic Programming Guide CenturyLink will provide EPG capabilities to each member city (similar to Comcast). Channel Placement CenturyLink will make all Access Channels accessible at Channel 40 through the "Quad Cities Mosaic." PEG Support CenturyLink will pay a PEG Fee in support of the Access Channels of 3% of gross cable revenues (equivalent to the amount of PEG funding Comcast passes through to its subscribers). Area Served The Franchise Area is the entire boundary of each member city. Market success -based expansion. Build -Out Complete Build -Out Goal Goal is to Build -Out each member city entirely over a five (5) year term based on market success, with significant investment targeted to areas below the median income. Initial Minimum Built -Out Commitment 15% of each member city over two years: • Best effort to complete the initial deployment in a shorter period of time. • Equitable deployment to households throughout each member city. • Must include a significant number of households below the median income. • CenturyLink permitted to serve more households. Quarterly Meetings Starting this year, CenturyLink must meet with the Commission and show: • Number of households capable of being served and actually served. • Compliance with anti -redlining requirements. • Maps and documentation showing exactly where within the City the Grantee is currently providing cable service. Additional Build -Out Based on Market Success Build -Out commitment increases if penetration rate is at least 27.5% in the areas that it is offering service. • Example: If offering service to 60% of the member city and CenturyLink has penetration of 30% of that area, then the Build -Out commitment will increase 15% to 7S% of the member city. • Additional Build -Out commitment continues until all households served. 486160v2 QU210-6 Complimentary Internet CenturyLink will provide Internet service to the commission and up to 5 static IP addresses at the highest speed capable at the location. Twin Cities Metro -Wide PEG Interconnect CenturyLink will provide the ability for all cities in the Metro Area to share live programming. For example, if Anoka High School is playing a game against Coon Rapids High School, the Commission will be able to take the live feed being produced in Coon Rapids and play it over the channel in Anoka. Opportunity for collaborative programming, benefiting local and regional subscribers. Complimentary Service All City Halls and all other institutions receiving free Comcast service may receive complimentary Prism TV service. Member cities are responsible for the inside wiring. Will not duplicate Comcast service except at City Hall. Comparison to other terms in Comcast Franchise Substantially Similar CenturyLink Franchise and Comcast Franchise are identical in most respects. Term CenturyLink's Franchise term is 10 years. Comcast's term was 15 years, which has been extended. Customer Service CenturyLink has committed to having a customer service office within the Commission area. All other obligations same as Comcast. Indemnification of the City. CenturyLink has an additional indemnification commitment that Comcast does not have. Access Channel Commitments CenturyLink may provide more channels in HD than Comcast. PEG support may be used in Commission's discretion. PEG support of 3% is expected to equal or exceed Comcast's somewhat differing calculation. Cable Service to Public Buildings CenturyLink will provide service to up to 7 boxes at City Halls and 5 additional "wild card" set top boxes and up to 3 at all other government buildings with service and equipment. Comcast's commitment is more limited. 486I60v2 QU210-6 Penalties/Liquidated Damages CenturyLink Franchise requires $100,000 performance bond and $25,000 letter of credit. Build -Out CenturyLink Franchise has a reasonable build -out commitment based on market success. Comcast service obligation based on housing density. Twin Cities Metro Interconnect The CenturyLink Franchise requires CenturyLink to provide a metro -wide interconnect for the sharing of PEG programming. This is different than Comcast's commitments related to PEG and the Institutional Network. Complimentary Internet Service CenturyLink has also agreed to provide complimentary Internet services to one location. Comcast does not have such a commitment. 486160v2 QU210-6 CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 Robert J.V. Vose (612) 337-9275 telephone (612) 337-9310 fax rvose@kennedy-gaven.com MEMORANDUM DATE: September 9, 2016 TO: Karen George, Quad Cities Cable Communications Commission FROM: Bob Vose RE: CenturyLink Franchise This Memorandum addresses the cable television franchise application submitted by Qwest Broadband Services, Inc. d/b/a CenturyLink ("CenturyLink"). CenturyLink is a wholly-owned subsidiary of CenturyLink, Inc. a publicly -traded, Fortune 500 company headquartered in Louisiana. Background In 2010, CenturyLink, Inc. merged with Qwest Communications International, Inc. ("Qwest") acquiring all of Qwest's subsidiary companies and operations. This included Qwest Communications Services, Inc. and its subsidiary Qwest Corporation, a large local exchange telephone service provider in Minnesota. Qwest Corporation, the applicant's affiliate, owns and operates telephone facilities in the member cities subject to local rights-of-way ordinances in addition to other applicable local, state and federal laws. CenturyLink seeks authorization to provide cable service in the member cities over its affiliate's telephone network. Minnesota Statutes, Chapter 238 ("Chapter 238"), establishes the process for considering issuance of cable franchises. As required by Chapter 238, the Commission published notices of intent on the member cities' behalf to initiate the process for considering issuance of franchises. CenturyLink filed an application dated June 3, 2015. Chapter 238 requires a public hearing affording reasonable notice and an opportunity for all interested parties to be heard regarding any franchise application.' Any franchise that is ultimately issued must include: 'Minn. Stat. § 238.081, Subd. 6. 1 486014v1 QU210-6 a provision that the franchisee's technical ability, financial condition, and legal qualification were considered and approved by the franchising authority in a full public proceeding that afforded reasonable notice and a reasonable opportunity to be heard;2 The public hearing requirement is significant because cable franchising is a "quasi-judicial" process.3 Among other things, the public hearing affords an incumbent cable operator the opportunity to present evidence and argument concerning its existing franchise obligations or an applicant's qualifications to receive a competitive franchise. The Commission gave the required notice and subsequently conducted the statutorily -required public hearing on June 18, 2015. At the hearing, representatives for CenturyLink gave a presentation describing the company's qualifications and plans to offer "Prism" video service. The incumbent cable provider, Comcast, provided written comments dated June 17, 2015 concerning CenturyLink's application. Current Status We have completed review of CenturyLink's application and franchise negotiations with the company. As explained below, CenturyLink's application can be approved and the proposed franchise(s) may be adopted. ANALYSIS 1. Level Playing Field Law CenturyLink's application includes a multi -page discussion about federal preemption of Minnesota's level playing field law, Minn. Stat. § 238.08 ("LPF law"), which provides: [n]o municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. 2 Minn. Stat. § 238.084, Subd. I(I). 'In re Application of Dakota Telecommunications Group, 590 N. W.2d 644,647-8 (Minn. App. 1999) (citing, Hann v. City of Coon Rapids, 313 N.W.2d 409, 414-15 (Minn. 1981). Quasi-judicial proceedings involve an investigation into a disputed claim that weighs evidentiary facts, applies those facts to a prescribed standard, and results in a binding decision. In granting a cable television franchise, the Cable Act requires that franchise proposals contain specific information and a public hearing be held affording reasonable notice and opportunity to be heard. Minn. Stat. § 238.081, subds. 4, 6. This procedure involves testimonial and documentary evidence, and results in a binding decision. Id. (case citations omitted). 4 Minn. Stat. § 238.08, Subd. 1(b). 2 486014v1 QU210-6 CenturyLink suggests that the LPF law was preempted by orders issued by the Federal Communications Commission (FCC). In its responsive comments, Comcast disputes CenturyLink's argument.5 In 2007, the FCC issued an Order and Notice of Proposed Rulemaking addressing competitive cable franchising.6 The 621 Order addresses the implementation of Section 621(a)(1) of the federal Cable Acta Among other things, Section 621 prohibits franchising authorities from unreasonably refusing to award competitive cable franchises.$ The 621 Order was challenged and upheld.9 In January 2015, the FCC reaffirmed the 621 Order on reconsideration. 10 The FCC found that both traditional cable providers and telephone companies wish to offer customers "triple play" services-- voice, high-speed Internet access, and video. When a phone company enters the cable market, the FCC has determined that competition for delivery of bundled services will benefit consumers by driving down prices and improving the quality of services. The FCC has also concluded that the circumstances for competitive entry to the cable market are considerably different than existed when the incumbent cable operators obtained their franchises. Incumbent cable operators were initially the sole providers of cable and gained a high percentage of potential subscribers in the local market. A second entrant is less likely, or even unlikely, to gain the same percentage of subscribers. The competitor faces greater "financial risk" and "uncertainty" than did the incumbent when it entered the market." As a result, the FCC found that level playing field requirements generally, and system build -out requirements specifically, can be an obstacle when phone companies seek to deploy competitive video services. Although phone companies already have facilities deployed, they still must upgrade existing plant to enable the provision of video service which often requires significant investment. 12 Based on this reasoning, the 621 Order restricted local level playing field requirements and prohibited imposition of unreasonable build -out requirements on competitors. The FCC further found that the imposition of "up -front" PEG and I -Net support obligations, or obligations that 5 CenturyLink has received similar franchises from dozens of Minneapolis -St. Paul metro cities in which Comcast is the incumbent cable operator. Comcast made similar comments in many of these cites, however, Comcast has not appealed the grant of such franchises to CenturyLink. The deadline for such litigation has apparently expired. 6In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984, MB Docket No. 05-311, (rel. March 5, 2007) (the "621 Order"). 47 U.S.C. § 541(a)(1). a 47 U.S.C. § 552(a)(2). Federal law also provides that a local franchising authority: "shall allow ... [an] applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area ... " 47 U.S.C. § 541(a)(4). Federal law further prohibits redlining, stating: "[i]n awarding a franchise or franchises, a franchising authority shall ensure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides." 47 U.S.C. § 541(a)(3). 9 Alliance for Community Media v. FCC, 529 F.3d 763 (6th Cir. 2008). 1 ° Order on Reconsideration (rel. Jan. 21, 2015). See generally, 621 Order at ¶ 28. 12 See generally, 621 Order at ¶ 35. 3 4860141 QU210-6 exceed the incumbent's obligations, are unreasonable, while pro rata sharing arrangements are reasonable. However, the 621 Order does not appear to preempt Minnesota's LPF law. The 621 Order did not "preempt state law or state level franchising decisions ..."13 Rather, the FCC "expressly limit[ed] ... [its] findings and regulations in this Order to actions or inactions at the local level where a state has not specifically circumscribed the LFA's authority." 14 Local requirements are preempted to the extent they conflict with the FCC's guidance in the 621 Order and are not "specifically authorized by state law." 15 The LPF law is a "state law or state level franchising decision" under the 621 Order. The LPF law prohibits local action by mandating that municipalities refrain from granting certain more beneficial terms in "an additional franchise" if there is "an existing franchise." CenturyLink has not explained how the LPF law constitutes a "local franchising action" that is preempted rather than a "state law" that is expressly preserved. If, however, Comcast's franchise were to contain independent level playing field obligations, the 621 Order would preempt such provisions as they are not "specifically authorized" by the LPF law or other state law. 2. Compliance with Level Playing Field Law The franchise terms negotiated with CenturyLink comply with the LPF law. 16 The terms regarding: (1) the area served; (2) public, educational, or governmental access requirements; and (3) franchise fees, are as follows: Service Area CenturyLink proposes a "market success" approach to cable service deployment. Specifically, CenturyLink would make service available to at least 15% of each city's households during the first 2 years after issuance of franchises, and make best efforts to complete such deployment faster. CenturyLink will further be required to offer service to any and all households capable of receiving such service initially. System technical information disclosed to commission representatives suggests that the percentage of households able to receive service initially may materially exceed 15% of each member's households. CenturyLink's deployment must be equitable and must include households below the median income. To track compliance, CenturyLink must meet each quarter with the commission to present maps and other information showing: " 621 Order at 1126. 14 Id. at ¶ 1, n. 2. Is Id. at ¶ 126. 6 The LPF law would likely be interpreted to require "similar," not identical, franchise obligations. See, WH Link v. City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003); Cable TV Fund 14A v. City of Naperville, 1997 U.S. Dist. LEXIS 7336, * 37-38 (N.D. IL 1997); Comcast Cablevision of New Haven, Inc. v. Connecticut Department of Public Utility Control, 1996 Conn. Super. LEXIS 2927, *7 (1996); and United Cable Television Corporation v. Connecticut Department of Public Utility Control 1994 Conn. Super. LEXIS 2222 (1994). 4 4860140 QU210-6 • All households in the City; • The number and location of households able to receive service; • The number and location of households actually taking service, and • Comparative information showing the change/increase in service availability from prior quarters. Thereafter, if CenturyLink actually provides service to at least 27.5% of the households it is capable of serving, the service obligation increases to include an additional 15% of the total households which must be activated within 2 years. CenturyLink must try to complete deployment within a shorter period of time. This additional build -out continues until every household is served. CenturyLink's approach is consistent with the 621 Order which suggested that it would be reasonable for a local franchising authority to consider benchmarks requiring a new entrant to increase its build -out after a reasonable time, taking into account the new entrant's market success or market penetration!! Comcast noted that its franchise requires service availability everywhere with sufficient development density (35 homes per cable mile overhead; 40 homes per cable mile buried). Comcast did not indicate what areas this requires be served, what areas it actually serves, or either the locations of homes passed and customers served or the overall percentage of households served. Thus, there is no basis to conclude that CenturyLink's proposed obligations violate the LPF law. In addition to the LPF law, Chapter 238 requires that "initial franchises" include a schedule showing: (3) that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise; 18 CenturyLink's application seemingly asserts that this requirement is also preempted. Comcast's responsive comments do not raise a question or concern about CenturyLink's compliance with the 5 -year substantial completion requirement. Comcast's comments refer only to the LPF law. CenturyLink's proposed franchise provides (4.3.1(1)) that the "Grantee aspires to provide Cable Service to all households in the City within five (5) years of the Effective Date." The Franchise also contains several provisions indicating that it is granted pursuant to applicable law, and that the Grantee must comply with all provisions of applicable law. 19 621 Order, 189. 8 Minn. Stat. § 238.084, Subd. 1(m). 9 See e.g., Section 2.2.1. 486014vl QU210-6 Finally, CenturyLink will be required to indemnify the cities and commission generally, but the company must also enter a separate indemnification agreement covering any claim arising out of the grant of a franchise to CenturyLink. This additional indemnification: includes any claims by the incumbent cable operator against the City that the terms and conditions of this Franchise are less burdensome than the incumbent's franchise, or that this Franchise does not satisfy the requirements of applicable state law(s). Accordingly, the commission and cities are legally protected from claims associated with CenturyLink's "market success" build out obligations. PEG Access In all material respects, CenturyLink has agreed to PEG access requirements that equal or exceed the PEG support provided by Comcast. CenturyLink has agreed to pay PEG support in the amount of 3% of its gross revenues. This arrangement mimics the Comcast's current PEG funding arrangement. Comcast's arrangement is, however, somewhat more complicated. CenturyLink will also provide the same number of PEG channels (7), but will additionally offer such channels in high definition (HD) digital format to the extent the programming is provided in that format. CenturyLink will agree to other appropriate PEG technical quality standards. CenturyLink will also provide fiber connections and facilities to replace or augment I -Net connections previously provided by Comcast, some of which are failing. Franchise Fees CenturyLink will agree to a 5% franchise fee based on language that largely mirrors the language in Comcast's franchise. The definition of "gross revenues" is identical and CenturyLink's franchise will language recently negotiated with Comcast to clarify how franchise fees are calculated where cable service revenues subject to the fee are bundled with telephone or internet access services not subject to the fee at a discount. The language requires that the discount be allocated fairly in proportion to the cost for the services individually. In sum, the franchise terms negotiated with CenturyLink comply with the LPF law. 3. CenturyLink's Qualifications CenturyLink's application includes information addressing the company's financial, technical, and legal qualifications and those of its ultimate corporate parent, CenturyLink, Inc. Chapter 238 does not establish standards for reviewing information submitted in relation to a franchise 6 486014v1 QU210-6 applicant's qualifications. Any franchise issued is simply required to reflect that the franchisee's qualifications have been considered and approved after a public hearing. Municipalities across the country generally review a cable franchise applicant's financial, technical and legal qualifications. In the 621 Order, the FCC indicated that where a local exchange telephone company that has received the required telephone authority from the relevant state agency is seeking a cable franchise, municipalities should not spend a significant effort evaluating the fitness of such applicant to access public rights-of-way to provide cable service. 20 CenturyLink's affiliate has received a certificate of public convenience and necessity from the Minnesota Public Utilities Commission. No challenge to CenturyLink's qualifications was raised by Comcast or any other party. A summary of the company's qualifications follows: Legal CenturyLink is authorized to do business in the state of Minnesota. 21 CenturyLink represents that it will make all appropriate filings and preparations prior to offering cable service. Technical CenturyLink's application indicates that its affiliate, Qwest Corporation d/b/a CenturyLink, is certificated by the Minnesota Public Utilities Commission to provide telephone service, and that such company does provide telephone service in the member cities. The application describes CenturyLink's technical plans for providing video over that telephone infrastructure. The application, Ex. D, represents that CenturyLink or its affiliates are authorized to operate cable systems in several local or statewide markets, and we are aware that since filing of the application CenturyLink has obtained dozens of local franchises in this metropolitan market. The application identifies an experienced management team for CenturyLink's cable operations, and the state-of-the-art IPTV-based delivery platform that will be utilized. Financial CenturyLink and its affiliates employ 3,000 people in Minnesota. CenturyLink's parent, CenturyLink, Inc., is a large publicly -traded telecommunications company. The application refers to the most recent 10-K. This and other SEC filings are publicly available on-line. The application indicates that the company had operating revenues in excess of $1813 for the fiscal year ended 2013. The application further represents that CenturyLink will not require any unique funding sources or borrowing to deploy its cable service. Additionally, the franchise will require CenturyLink to: " See, 621 Order at 123. 2'A summary of CenturyLink's filings with the Minnesota Secretary of State can be viewed at: https://mbisportal.sos.state.mn.usBusiness/SearcbDetails?fllingGuid=6c l5b4Oa-a5d4-e01 I -a886-001 ec94ffe7f. 7 4860140 QU210-6 • pay a 5% franchise fee and provide 3% PEG support; • post a $100,000 performance bond and a $25,000 letter of credit and be subject to specified sanctions for various potential franchise violations; • provide insurance of at least $1,500,000 (the City's statutory limit on liability) per person, and $2,000,000 aggregate; • indemnify the City from suits or liabilities arising out of cable operations, the franchise, or a franchise breach, and specifically indemnify the commission and cities against any claim by Comcast. CenturyLink's affiliate currently has rights to access rights-of-way and has constructed a telephone system and provides telephone and internet access services in the cities. It is difficult to conceive of a scenario in which granting a cable franchise to CenturyLink with the foregoing requirements would increase risks to the commission, cities, or public resources. CONCLUSION As required by Chapter 238, CenturyLink provided a complete franchise application. The application information and franchise terms we have negotiated address CenturyLink's qualifications to receive a cable franchise. We see no legal impediment to approving CenturyLink's application and issuing the franchise. 4860141 QU210-6 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ANDOVER, MINNESOTA FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Andover, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the development of a competitive Cable System, and theoperationof it. Such development can contribute significantly to the communication needs and interests of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the franchise application by Grantee and negotiations related thereto, and as recommended by the Quad Cities Cable Communications Commission and as a result of a public hearing, the City Council makes the following findings: The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, and operating the System were considered and found adequate and feasible; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS 1.1. Short Title. This Franchise Ordinance shall be known and cited as the "CeuturyLink Cable Franchise Ordinance." 1 4M500 RN QU2106 1.2 Definitions. For the purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.3 "Actual Cost" means the lowest legally -permissible incremental cost to the Grantee of materials, capitalized labor, and borrowing necessary to install and construct fiber-optic lines, coaxial cable and/or equipment. 1.4 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.5 "Basic Cable Services" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). 1.6 "Cable Service" or "Service" means (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. Cable Service shall also include any video programming service for which a franchise from a local government is required under state law. 1.7 "Cable System" or "System" means the facilities of the Grantee, which, together with the facilities of an affiliate of the Grantee, consist of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City. A reference to the System in this Franchise refers to any part of such System including, without limitation, Set Top Boxes as defined herein. The definition of "Cable System" or "System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate or franchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as defined herein shall not be inconsistent with the definitions set forth in applicable law. Unless otherwise specified, the term shall refer to the System utilized under this Franchise. 1.8 "City" means City of Andover, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 2 4892500 RN QU210-6 1.9 "City Code" means the Andover City Code, as amended from time to time. 1.10 "City Council' means the governing body of the City. 1.11 "Commission" means the Quad Cities Cable Communications Commission, a municipal joint powers commission comprised of the municipalities of Andover, Anoka, Champlin and Ramsey, Minnesota. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City, and the rights and obligations related thereto shall, where possible, accrue pro rata to the City, pursuant to a transition agreement to be negotiated at such time by and between the City, the Commission and the Grantee. The total burden of Grantee's obligations under this Franchise and the Grantee's Franchise with the other member cities of the Commission shall not be increased as a result of any such withdrawal. 1.12 "Demarcation Point" means the physical point at which the System enters a Subscriber's home or building, or institution building receiving Service under this Franchise. 1.13 "Drop„ means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 1.14 "Educational Access Channel" or "Educational Channel' means any channel on the System set aside by the Grantee, the Commission and/or the City for Noncommercial educational use by educational institutions, as contemplated by applicable law. 1.15 "FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. 1.16 "Franchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. 1.17 "Governmental Access Channel" or "Governmental Channel" means any channel on the System set aside by the Grantee, the Commission and/or the City for Noncommercial use by the City or its delegatee. 1.18 "Grantee" is Qwest Broadband Services, Inc. d/b/a CenturyLink, and its lawful successors, transferees or assignees. 1.19 "Gross Revenue" means any and all revenues arising from or attributable to, or in any way derived directly or indirectly by the Grantee or its Affiliates, subsidiaries, or parent, or by any other entity that owns or operates the System, from the provision of Cable Services (including cash, credits, property or other consideration of any kind or nature). Gross Revenues include, by way of illustration and not limitation, monthly fees charged to 3 4892500 R V QU2106 Subscribers for any basic, optional, premium, per -channel, or per -program service, or other Cable Service as defined under applicable law; Installation, disconnection, reconnection, and change -in-service fees; Lockout Device fees; Leased Access Channel fees; late fees and administrative fees; fees, payments or other consideration received from programmers for carriage of programming on the System and accounted for as revenue under Generally Accepted Accounting Principles (GAAP); revenues from rentals or sales of Set Top Boxes or other equipment; fees related to commercial and institutional usage of the System; net advertising revenues; interest; barter; revenues from program guides; franchise fees; and revenues to the System from home shopping, bank -at-home channels and other revenue sharing arrangements. Gross Revenues shall include revenues received by an entity other than the Grantee, an Affiliate or another entity that operates the System where necessary to prevent evasion or avoidance of the Grantee's obligation under this Franchise to pay the franchise fee. Gross Revenues shall not include: (i) to the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however, that all or part of any such actual bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) any taxes on services furnished by the Grantee imposed by any municipality, state or other governmental unit, provided that franchise fees shall not be regarded as such a tax; (iii) FCC regulatory fees; (iv) Subscriber credits, adjustments or refunds; or (v) refundable Subscriber deposits. 1.20 "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Set Top Box or other terminal equipment. 1.21 "Leased Access Channel" means channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. § 532. 1.22 "Livinz Unit' means a distinct address as tracked in the QC network inventory database, used by Grantee to identify existing or potential Subscribers. This includes, but is not limited to, single family homes, multi -dwelling units (e.g., apartment buildings and condominiums) and business locations. 1.23 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable System. 1.24 "Mosaic Channel" means a channel which displays miniaturized media screens and related information for a particular group of channels with common themes. The Mosaic Channel serves as a navigation tool for Subscribers, and, with respect to PEG Channels, displays the group of access channels on a single channel screen and also provides for easy navigation to a chosen access channel in the group. 1.25 "Remote Terminal' means a facility that is located in a neighborhood, which houses the electronics used to support the provision of Cable Services. 1.26 "Noncommercial" means, in the context of PEG channels, that particular products and services are not promoted or sold. This term shall not be interpreted to prohibit a PEG channel operator or programmer from soliciting and receiving financial support to produce 4 4892500 RN QU2106 and transmit video programming on a PEG channel, or from acknowledging a contribution 1.27 "Normal Operating Conditions" means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, maintenance, or upgrade of the System. Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. 1.28 "PEG" means public, educational, and governmental. 1.29 "Person" means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non -stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such term does not include the City. 1.30 "Public Access Channel(s)" means any channels on the System set aside by the Grantee, the Commission and/or the City for Noncommercial use by the general public, as contemplated by applicable law. 1.31 "OC„ means Qwest Corporation, a wholly owned subsidiary of CenturyLink, Inc. and an Affiliate of Grantee. 1.32 "Quad Cities Franchise Area" means the geographic area consisting of the Minnesota cities of Andover, Anoka, Champlin and Ramsey. 1.33 "Qualified Living Unit" means a Living Unit which meets the minimum technical qualifications defined by Grantee for the provision of Cable Service. A Living Unit capable of receiving a minimum of 25 Mbps downstream will be generally capable of receiving Cable Service subject to Grantee performing certain network grooming and conditioning. 1.34 "Right -of -Way" or "Rights -of -Way" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System. No reference herein to a "Right -of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System. 5 4892500 R1V QU210fi 1.35 "Right -of -Way Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights -of -Way in the City, including registration, fees, and permitting requirements. 1.36 "Set Top Box" means an electronic device which converts signals to a frequency acceptable to the television receiver of a Subscriber, and by an appropriate Channel selector, also permits a Subscriber to view all signals included in the package purchased by the Subscriber. 1.37 "Standard Installation" means any installation to a Qualified Living Unit. 1.38 "State" means the State of Minnesota, its agencies and departments. 1.39 "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.40 "System Upgrade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in this Franchise. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee shall comply with all provisions of this Franchise and applicable laws, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein, may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authority. 2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System along the Rights -of -Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights -of -Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to 4892500 RN QU2106 do so. However, the City and Grantee acknowledge that QC owns and operates facilities in the Rights -of -Way which will be utilized by Grantee to provide Cable Services. So long as QC does not provide Cable Service to Subscribers in the City, QC will not be subject to applicable law and the terms and conditions contained in this Franchise. QC's installation and maintenance of facilities in the Rights-cf- Way is governed by applicable local, state and federal law. To the extent Grantee constructs and installs facilities in the Rights -of -Way, such facilities and operation of such facilities will be subject to the terms and conditions contained in this Franchise. The City and Company agree that to the extent QC violates any applicable federal, state, or local laws, rules, and regulations, the City shall seek compliance directly from QC. In the event, the City cannot resolve these violations or disputes with QC, the City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC's or any other Affiliate's compliance with applicable local, state and federal laws, rules, and regulations shall be deemed a material breach of this Franchise by Grantee. 2.2.2 Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right -of -Way was created or dedicated, or with the present use of the Right -of -Way. 2.2.3 This Franchise and the right it grants to use and occupy the Rights -of -Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. Provided, however, that the City shall not authorize or permit another Person to construct, operate or maintain a Cable System on material terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the Grantee. 2.2.4 This Franchise authorizes only the use of Rights -of -Way. Therefore, the grant of this Franchise and the payment of franchise fees hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights -of -Way; provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory. 2.2.5 Should any other multichannel video programming distributor ("MVPD") over which the City has regulatory jurisdiction provide Cable Service in the current Cable Service area, the City shall not grant more favorable terms, taken as a whole, to such MVPD than are granted to the Grantee. In the event that another Person operates a Cable System authorized by the City on terms and conditions that are, taken as a whole, more favorable or less burdensome than the terms and conditions applicable to the Grantee under this Franchise, the City shall adjust any such terms and conditions in any other Person's authorization or this Franchise so that the terms and conditions under which such Person operates, taken as a whole, are not more favorable or less burdensome than those that are applied to the Grantee. 2.3 Lease or Assianment Prohibited. 489250v3 RN QU2105 No Person may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay franchise fees on such Person's use of the System to provide Cable Services, to the extent there would be such a requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of this Franchise. 2.4 Franchise Term. The Franchise term shall commence on the Effective Date specified in this Franchise. The term of this Franchise shall be ten (10) years from the Effective Date specified in this Franchise. 25 Compliance with Applicable Laws, Resolutions and Ordinances. 2.5.1 The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's the right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights -of -Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of the Grantee as provided in this Franchise. In no event shall the City adopt or amend any City ordinance or regulation so as to modify the build out requirements set forth in Sections 4.3.1(ii) and 4.3.1(iii) herein without the Grantee's consent. 2.5.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of - Way within the City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Right -of - 8 4892500 RN QU2IOfi Way users. In no event shall the City adopt or amend any City ordinance or regulation so as to modify the build out requirements set forth in Sections 4.3.1(ii) and 4.3.1(iii) herein without the Grantee's consent. 2.5.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise and any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this Franchise shall be superseded by such City ordinance or regulation; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Public Rights -of -Way that exceed burdens on similarly situated Right -of -Way users. Section 4 of this Franchise shall not be superceded by any allegedly conflicting provision of a City ordinance or regulation. 2.5.4 In the event any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Rights -of -Way users. Section 4 of this Franchise shall not be superceded by any allegedly conflicting provision of a City ordinance or regulation. 2.5.5 In the event the Grantee cannot determine how to comply with any Right -of -Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee's proposed interpretation, to the City. The City shall provide a written response within ten (10) business days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within thirteen (13) business days of mailing or delivering such written question. 2.6 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions of this Franchise or applicable law. 9 4892500 RN QU2106 2.7 Territorial Area Involved. This Franchise is granted for the corporate boundaries of the City, as they exist from time to time. 2.8 Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City's designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Andover, Minnesota Attn: City Administrator 1685 Crosstown Boulevard NW Andover, MN 55304 With copies to: Executive Director Quad Cities Cable Communications Commission 12254 Ensign Avenue North Champlin, MN 55316 And to: Kennedy & Graven, Chartered Attn: Robert J. V, Vose 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 If to Grantee: Qwest Broadband Services, Inc d/b/a CenturyLink Attn: Public Policy 1801 California Street, 10'l' Floor Denver, Colorado 80202 With copies to: Qwest Broadband Services, Inc d/b/a CenturyLink Attn: Public Policy 200 South Fifth Street, 2151 Floor Minneapolis, MN 55402 Such addresses may be changed by either parry upon notice to the other parry given as provided in this Section. 2.10 Effective Date. This Franchise shall become effective after: (i) all conditions precedent to its effectiveness as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been approved by the City Council in accordance with 10 4892500 RN QU2106 applicable law; and (iv) it has been accepted and executed by the Grantee and the City (the "Effective Date"). SECTION 3. CONSTRUCTION STANDARDS 3.1 Registration, Permits and Construction Codes. 3.1.1 The Grantee shall strictly adhere to all applicable State and local laws, regulations and policies adopted by the City Council applicable to the location, construction, installation, operation or maintenance of the System in the City. The City has the right to supervise all construction or installation work performed in the Rights -of -Way as it shall find necessary to ensure compliance with the terms of this Franchise and other applicable provisions of law and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Restoration of Rights -of -Way and Property. Any Rights -of -Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire alarm, police communication or traffic control facility of the City, or any other public or private property, which is disturbed, damaged or destroyed by Grantee during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to fire and police department facilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commenced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained from the appropriate City agency or department. In all other cases, reconstruction, replacement, restoration or repairs shall be commenced within no more than three (3) days after the damage, disturbance or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights -of -Way, public, or private property back into good condition. In the event City determines that the Grantee is responsible for such disturbance or damage, the Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction and restoration. 11 4892500 RJV QU2106 3.3. Conditions on Right of Way Use. 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right -of -Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 3.3.2 All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights -of -Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights -of -Way and not to interfere with existing public utility installations. 3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights -of -Way construction; street maintenance or repair (including resurfacing or widening); change in Right -of -Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned communications or traffic control system, public work or improvement of government-owned utility; Right -of -Way vacation; or for any other purpose where the convenience of the City would be served thereby. If the Grantee fails, neglects, or refuses to comply with the City's request, the City may protect, support, temporarily disconnect relocate or remove the appropriate portions of the System at the Grantee's expense for any of the City's incremental costs incurred as a result of the Grantee's failure to comply. Except for the City's gross negligence, the City shall not be liable to the Grantee for damages resulting from the City's protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. 3.3.4 The Grantee shall not place poles, conduits, or other fixtures of the System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of the City. 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same (except in the case where the requesting Person 12 4M50v3 RN QU210,6 is the City for the purpose of moving a City -owned building, in which case no payment shall be required). The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System trees or other vegetation in and along or overhanging the Rights -of -Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. This Franchise does not give the Grantee any authority to remove trees on private property in the City. All trimming shall be performed at no cost to the City. 3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights -of -Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance written notice, and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights -of -Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the System creates or is contributing to an imminent danger to health, safety or property, as reasonably determined by the City, the City, after providing notice to the Grantee, if it is reasonably feasible to do so, may remove or relocate any or all parts of the System at no expense to the City, other than the City's costs to act on such determination. 3.4 Use of Existing Poles and Undergrounding of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not make arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wireholding structures if the City determines that the public convenience would be enhanced thereby and the terms available to the Grantee for the use of such poles and structures arejust and reasonable. 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, 13 48925Ov3 R V QU21O-6 equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, similarly move its cables and lines, at no expense to the City, and shall not seek damages from the City for such compliance. 3.5 Installation of Facilities. 3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire -holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. 3.5.2 No placement of any pole or wire holding structure of the Grantee is to be considered a vested fee interest in the Rights -of -Way or in City property. Whenever feasible, all transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 3.6 Safety Requirements. 3.6.1 All applicable safety practices required by law shall be used during Grantee's construction, maintenance and repair of the System. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All structures and all lines, equipment and connections in the Rights -of -Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. 3.6.2 The Grantee's construction, operation or maintenance of the System shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. 3.6.3 The Grantee shall install and maintain such devices as will apprise or warn Persons using the Rights -of -Way of the existence of work being performed on the System in Rights -of -Way. 3.6.4 The Grantee, or its Affiliate, shall be a member of the One Call Notification System (otherwise known as "Gopher State One Call") or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this 14 4892500 RN QU210{ Franchise, the Grantee shall identify the location of its facilities for the City at no charge to the City. 3.7 Removal of Facilities at Expiration of Franchise. At the expiration of the term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at the Grantee's sole expense: (i) to remove all portions of the System System used exclusively for the provision of Cable Service from all Rights -of -Way within the City; and (ii) to restore affected sites to their original condition. Should the Grantee fail, refuse or neglect to comply with the City's directive, any portions of the System used exclusively for the provision of Cable Service may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. SECTION 4. DESIGN PROVISIONS 4.1 System Facilities and Equipment. 4.1.1 The System generally shall have at least the following characteristics: 4.1.1.1 A modern design when built, utilizing an architecture that will permit additional improvements necessary for high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-four hour a day basis without severe material degradation during operating conditions typical to the Minneapolis/St. Paul metropolitan area; 4.1.1.2 Grantee shall maintain standby power generators capable of powering all headend equipment for at least twenty-four (24) hours. The back-up power supplies serving the System shall be capable of providing power to the System for not less than three (3) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable generators to be deployed in the event that the duration of a power disruption is expected to exceed three (3) hours; 4.1.1.3 Facilities of good and durable quality, generally used in high-quality, reliable systems of similar design; 4.1.1.4 A System that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards. End of the line 15 4M50v3 RN QU2106 performance must meet or exceed FCC specifications at the end of the Subscriber Drop; 4.1.1.5 A System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time. 4.1.1.6 Facilities and equipment sufficient to cure violations of applicable FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subsection 4.1.1.5; 4.1.1.7 Such facilities and equipment as necessary to maintain, operate and evaluate the Grantee's System for compliance with applicable FCC technical and customer service standards, as such standards may hereafter be amended; 4.1.1.8 Status monitoring equipment to alert the Grantee when and where back-up power supplies are being used; 4.1.1.9 All facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problems; 4.1.1.10 Antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the Federal Communications Commission and all other applicable codes and regulations; 4.1.1.11 Facilities and equipment at the headend allowing the Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration; 4.1.1.12 The Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls; 16 4892500 R V QU210-6 - 4.1.1.13 Facilities and equipment capable of operating within the temperature ranges typical to the climate over the calendar year; 4.1.1.14 The System shall be so constructed and operated that there is no perceptible deterioration in the quality of Public, Educational or Governmental Access Channel signals after delivery of such signals to the first interface point with Grantee's headend or the subscriber network, whichever is applicable, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers to delivery that is within the control of the Grantee; and 4.1.2 The Grantee is authorized to operate the System within the territorial limits of the City as of the Effective Date of this Franchise. 4.1.3 The System shall provide sufficient capacity for interactive services at all times and have capacity materially equivalent to at least 870 MHz for all active and passive components. 4.1.4 The System shall initially have a minimum channel capacity to provide at least 78 channels downstream to all Subscribers, plus additional capacity for other services. 4.1.5 The System shall be designed and constructed in order to allow distribution of PEG Channels as provided in this Franchise. 4.1.6 All power supplies for the System shall be equipped with standby power capability in accordance with this Section 4.1, and shall use status monitoring equipment at all power supply locations. 4.1.7 Emergency Alert System. The Grantee shall install and thereafter maintain an Emergency Alert System ("EAS") fully compliant with local, state and federal EAS requirements. This EAS shall at all times be operated in compliance with FCC regulations. The System shall be capable of allowing authorized officials to override the audio and video on all channels on the System that may be lawfully overridden. 4.1.8 The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders or decisions of the FCC. 4.2 [Intentionally deleted.] 4.3 System Construction Timetable. 17 489250v3 RN QU21M 4.3.1 Reasonable Build -Out of the Entire City. The Parties recognize that Grantee, or its affiliate QC, has constructed a legacy communications system throughout the City that is capable of providing voice grade service. The Parties further recognize that Grantee or its affiliate QC must upgrade its existing legacy communications system and construct new facilities to make it capable of providing Cable Service. The Parties agree that the following is a reasonable build -out schedule taking into consideration Grantee's desire for a standard based on market success and the requirements of Minnesota state law. (i) Complete Equitable Build -Out. Grantee aspires to provide Cable Service to all households in the City within five (5) years of the Effective Date. In addition, Grantee commits that a significant portion of its investment will be targeted to areas below the median income in the City. (ii) Initial Minimum Build -Out Commitment. Grantee agrees to be capable of serving a minimum of fifteen percent (15%) of the City's households with Cable Service during the first two (2) years of the initial Franchise term, provided, however that Grantee will make its best efforts to complete such deployment within a shorter period of time; Grantee shall make available and offer Cable Service to all Qualified Living Units identified in the reports and maps, as required below showing the number of Qualified Living Units in the City as of the Effective Date. The parties acknowledge and agree that Qualified Living Units identified as of the Effective Date may materially exceed fifteen percent (15%) of City's households. This initial minimum build -out commitment shall include deployment equitably throughout the City and to a significant number of households below the medium income in the City. Nothing in this Franchise shall restrict Grantee from serving additional households in the City with Cable Service. (iii) Additional Build -Out Based on Market Success. If, at any quarterly meeting, as required below, Grantee is actually serving twenty seven and one-half percent (27.5%) of the Qualified Living Units, then Grantee agrees the minimum build -out commitment shall increase to include an additional fifteen (15%) of the total households in the City, which Grantee agrees to serve within two (2) years from the quarterly meeting; provided, however, the Grantee shall make its best efforts to complete such deployment within a shorter period of time. For example, if, at a quarterly meeting with the Commission's Executive Director, Grantee shows that sixty percent (60%) of the households in the City are Qualified Living Units and Grantee is actually serving thirty percent (30%) of those households with Cable Service, then Grantee shall serve an additional fifteen percent (15%) of the total households in the City no later than 2 years after that quarterly meeting (a total of seventy-five (75%) of the total households). This additional build -out based on market success shall continue until every household in the City is served. 18 489250v3 R V QU2I0fi (iv) Quarterly Meetings. Commencing the first calendar quarter after the Effective Date, and continuing throughout the term of this Franchise, Grantee shall, unless otherwise directed by the Commission, meet quarterly with the Executive Director of the Commission. At each quarterly meeting, Grantee shall present information acceptable to the City/Commission showing the number of Qualified Living Units Grantee presently capable of receiving Cable Service and the number of Qualified Living Units that Grantee is actually serving with Cable Service. Grantee shall also present information acceptable to the City/Commission that Grantee is equitably serving all portions of the City in compliance with this subsection 4.3.1. In order to permit the City/Commission to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall promptly, upon reasonable demand, show to the City/Commission (to the City/Commission's reasonable satisfaction) maps and provide other documentation showing exactly where within the City the Grantee is currently providing Cable Service. (v) Specifically, the Grantee shall present reports and maps showing the Commission the following information: a. The total number of Living Units throughout the City; b. The total number of Qualified Living Units throughout the City both as of the Effective Date and the then -current calendar quarter; C. The total number of Qualified Living Units, in the City, subscribing to the Cable Service provided by the Grantee; d. Locations of all Qualified Living Units throughout the City. 4.3.2 All construction shall be performed in accordance with applicable laws and regulations, except where specifically waived by the City. 4.3.3 The Grantee shall make best efforts to provide the City with notice prior to its commencement of steps of the System construction in which possible service disruptions or physical construction activities may occur. 4.3.4 No System Node shall be activated until it is tested, and the Grantee determines that all applicable technical standards have been met or exceeded. 4.4 Periodic Progress Report. 4.4.1 Public Notification. The Grantee shall establish and maintain some reasonable means by which to inform the public and its Subscribers about: Cable Service availability. 19 4892500 RN QU210-6 4.5 Line Extension Requirements. 4.5.1 Subject to subsection 4.3 above, the Grantee shall make Cable Service available to all Qualified Living Units within the City, including multiple dwelling unit buildings except for multiple dwelling unit buildings to which the Grantee, after best efforts, has not obtained authorization to access. Grantee shall have a line extension obligation a reasonable time after the first date by which Grantee is providing Cable Service to more than fifty percent (50%) of all subscribers receiving facilities based Cable Service from both the Grantee and any other provider(s) of Cable Service within the City based on such Subscriber count information as City may possess, including information available to the City on a trade -secret or non-public basis. At that time, the City, in its reasonable discretion and after meeting with Grantee, shall discuss the timeframe to complete deployment to the remaining households in the City subject to a Line Extension requirement that is the same or similar to the requirement of the incumbent franchised cable operator. 4.5.2 Within the City's boundaries, including any areas annexed after the Effective Date of this Franchise, the Grantee must provide Service to a Qualified Living Unit upon request. 4.6 System Maintenance. 4.6.1 The Grantee shall interrupt Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. The Grantee shall use its best efforts to provide the City with at least twenty-four (24) hours' prior notice of a planned service interruption, except for a planned service interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (100) Subscribers or less than a fifteen (15) minute interruption. 4.6.2 Maintenance of the System shall be performed in accordance with the applicable technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's entry into this field, the City may adopt such technical performance and operating standards as its own, and the Grantee shall comply with them at all times. 4.7 System Tests and Inspections; Special Testing. 4.7.1 Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise and other performance standards established by law or regulation. 4.7.2 The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of this Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or installation work pertaining to such location(s). Such 20 489250v3 RN QU210G tests shall be limited to the particular matter in controversy. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. 4.7.3 Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee's expense by a qualified engineer selected by the City and the Grantee, and Grantee shall cooperate in such testing. 4.7.4 Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee's chief technical authority, or designee, who shall certify all records of tests provided to the City. 4.7.5 The Grantee shall provide the City with at least two (2) business days' prior written notice of, and opportunity to observe, any tests performed on the System. 4.7.6 Test results shall be filed with the City within fourteen (14) days of a written request by the City. 4.7.7 If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City, shall take corrective action, retest the locations and advise the City of the action taken and the results achieved by filing a written report certified by the Grantee's chief technical authority. 4.8 Drop Replacement. The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops and/or associated passive equipment in accordance with applicable law including FCC regulations. 4.9 FCC Reports. Unless otherwise required by the terms of this Franchise, the results of any tests required to be filed by Grantee with the FCC or in the Grantee's public file as it relatres to this Franchise shall upon request of the City also be filed with the City within ten (10) days of the request. 4.10 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 21 4892500 RN QU210b 4.11 Lockout Device. Upon the request of a Subscriber, the Grantee shall make a Lockout Device available at no additional charge, other than a charge for a Set Top Box. 4.12 Types of Service. Should the Grantee desire to change the selection of programs or services offered on any of its tiers, it shall maintain the mix, quality and level of services provided over the System. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 4.13 Uses of System. The Grantee shall, upon request of the Commission, advise the Commission of all active uses of the System, for both entertainment and other purposes, and the Commission shall have the right to conduct unannounced audits of such usage. SECTION 5. SERVICE PROVISIONS 5.1 Customer Service Standards. The Grantee shall at all times comply with applicable FCC customer service standards. In addition, the Grantee shall at all times satisfy all additional or stricter customer service requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City. 5.2 Video Programmine. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that the Grantee notifies the Commission and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments unless otherwise permitted under applicable federal, State and local laws and regulations. Grantee shall cooperate with the Commission and use best efforts to provide all Subscriber notices to the Commission prior to delivery to Subscribers. Location and relocation of the PEG channels shall be governed by Sections 6.1.3-6.1.4. 5.3 Rel4ulation of Service Rates. 5.3.1 The City may regulate rates for the provision of Cable Service, equipment, or any other communications service provided over the System to the extent allowed under federal or State law(s). The City reserves the right to regulate rates for any future services to the extent permitted by law. 5.3.2 The Grantee shall provide at least one billing cycle prior written notice (or such longer period as may be specified in FCC regulations) to Subscribers and to the City of any changes in rates, regardless of whether or not the Grantee 22 4892500 RN QU2106 believes the affected rates are subject to regulation, except to the extent such notice requirement is specifically waived by governing law. Bills must be clear, concise, and understandable, with itemization of all charges. 5.4 Sales Procedures. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. In its initial communication or contact with a Subscriber or a non - Subscriber, and in all general solicitation materials marketing the Grantee or its Services as a whole, the Grantee shall inform the non -Subscriber of all levels of Service available, including the lowest priced and free service tiers. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. Grantee may satisfy the provisions of this paragraph by providing a toll free telephone number where a Person may inquire and be informed about all levels of Service (including the lowest cost level) offered by the Grantee and the associated charges. 5.5 Subscriber Inquiry and Complaint Procedures. 5.5.1 The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour -a -day, seven (7) days -a -week, 365 days a year basis. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. 5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy signal less than three (3) percent of the time. 5.5.3 Subject to the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain written records of all complaints received from the City and the Commission and the resolution of such escalated complaints, including the date of such resolution. Such written records shall be on file at the office of the Grantee. The Grantee shall provide the City or Commission with a written summary of such complaints and their resolution upon request of the City or Commission. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to the City or Commission upon request. 23 489250v3 RN QU210-6 5.5.4 Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a service interruption within twenty-four (24) hours after the service interruption becomes known and pursue to conclusion all steps reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. 5.5.5 The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four-hour time block during the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5.5.6 The Grantee shall respond to written complaints from the City and the Commission in a timely manner, and provide a copy of each response to the City and the Commission within thirty (30) days. In addition, the Grantee shall respond to all written complaints from Subscribers within (30) days of receipt of the complaint. 5.5.7. The Grantee shall have TDD/TYY (or equivalent) equipment, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the Grantee. 5.6 Subscriber Contracts. The Grantee shall file with the Commission any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the Commission a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 5.7 Service Credit. 5.7.1 In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. 24 4892500 RN QU210f 5.7.2 If, for any reason, Service is interrupted for a total period of more than twenty- four (24) hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such interruption. 5.8 Refunds or Credits. 5.8.1 Any refund checks shall be issued promptly, but not later than either: 5.8.1.1 The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or 5.8.1.2 The return of the equipment supplied by the Grantee if Service is terminated. 5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.9 Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. 5.10 Notice to Subscribers. 5.10.1 The Grantee shall provide each Subscriber at the time Cable Service is installed, and at least every twelve (12) months thereafter, the following materials: 5.10.1.1 Instructions on how to use the Cable Service; 5.10.1.2. Billing and complaint procedures, and written instructions for placing a service call, filing a complaint, or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); 5.10.1.3 A schedule of rates and charges, channel positions and a description of products and services offered, including any free or universal service; 5.10.1.4 Prices and options for programming services and conditions of subscription to programming and other services; and 5.10.1.5 A description of the Grantee's installation and service maintenance policies, Subscriber privacy rights, and privacy rights (only at installation of such service), delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. 25 489 OO RJV QU2106 5.10.2 Copies of materials specified in the preceding subsection shall be provided to the Commission upon request. 5.10.3 All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price information is listed in any manner, shall be reasonably clear, concise, accurate and understandable. 5.11 Exclusive Contracts and Anticompetitive Acts Prohibited. 5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive contract as a condition of providing or continuing Cable Service. 5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 5.12 Office Availability and Payment Centers. 5.12.1 The Grantee shall install, maintain and operate, throughout the term of this Franchise, a single staffed payment center in the Quad Cities Franchise Area with regular business hours at a location agreed upon by the Commission and the Grantee. Additional payment centers may be installed at other locations. The purpose of the payment center(s) shall be to receive Subscriber payments. All Subscriber remittances at a payment center shall be posted to Subscribers' accounts within forty-eight (48) hours of remittance. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee to properly credit a Subscriber for a payment timely made. 5.12.2 The Grantee shall, at the request of the Subscriber, deliver or retrieve equipment at no delivery charge in association with a request for service repair, or retrieval charge in association with the discontinuation of Service, (e.g., Set Top Boxes and remote controls). Grantee will not charge a Subscriber for the replacement of a defective Set Top Box or for the return of a Set Top Box when the Subscriber discontinues service. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 6.1. Public, Educational and Government Access. 6.1.1 The City or its designee shall operate, administer, promote, and manage PEG access programming on the Cable System. 6.1.2 Within one hundred eighty (180) days from the Effective Date, the Grantee shall dedicate and make available seven (7) video channels for public, educational, governmental and religious use; provided, however, that the Grantee shall not be required to provide more, nor shall provide fewer, such channels than the incumbent franchise. Use of the seven (7) PEG Access Channels shall be 26 4892500 RJV QU210b determined by the Commission. The Commission shall have the right to rename, reprogram or otherwise change the use of these channels at any time, in its sole discretion, provided such use is Noncommercial and public, educational, governmental or religious in nature. Nothing herein shall diminish any rights of the Commission to secure additional PEG channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. 6.1.3 Upon designating the location (i.e. channel number) of the PEG channels, the channels shall not be relocated without the consent of the Commission. Grantee shall make reasonable efforts to minimize relocations of the PEG channels. Grantee must request any channel relocation at least three (3) months prior to seeking to implement the channel relocation. Grantee shall reimburse the City, the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards, and signage; (ii) any marketing and notice of the channel change that the Commission, the City and/or PEG entity reasonably determines is necessary; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location of the affected PEG channel(s) during the twelve-month period preceding the effective date of the channel change. Alternatively, the Grantee may choose to supply necessary equipment itself, provided such equipment is satisfactory to the City, the Commission or PEG entity. 6.1.4 Grantee shall make all PEG channels available in standard definition (SD), digital format, and in high definition (HD) provided that the signal received from the Commission, City or PEG entity by the -Grantee is in HD, and provided that the Grantee shall not be required to provide the PEG channels at a resolution higher than the highest resolution used in connection with the Grantee's delivery of other channels. Grantee may implement HD carriage of the PEG channels in any manner (including selection of compression, utilization of IP, amount of system capacity or bandwidth, and other processing characteristics) that produces a signal as accessible, functional, useable and of a quality comparable (meaning indistinguishable to the viewer) to broadcast HD channels carried on the cable system. The Commission acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD -capable digital device/receiver), but any subscriber who can view an HD signal delivered via the cable system at a receiver shall also be able to view the HD PEG channel at that receiver, without additional charges or equipment. All of the Access Channels will be made available through a multi -channel display (i.e. a picture in picture feed) on a single TV screen called a "mosaic" (the "Quad Cities Mosaic"), where a cable subscriber can access via an interactive video menu one of any of the seven (7) Access Channels. The Quad Cities Mosaic will be located on Channel 40. The seven (7) Access Channels will be located at Channels 8440-8445 and 8049 (SD), and 8940-8945 and 8549 (HD). The Quad Cities Mosaic will contain only Access Channels authorized by the Commission, provided that the Commission may add to its Mosaic channels originated by other franchising authorities with consent of such originator if programming on such channel(s) is of public interest within the Quad Cities Franchise Area. Grantee shall not include any other programming or Channels on 27 4W50v3 RN QU210-6 the Quad Cities Mosaic, or any Quad Cities originated programming on another PEG producer's Mosiac, without the Commission's written consent. 6.1.5 As the Grantee innovates and improves the functionality and interactivity and/or adds capability for personalization of the Mosaics, the Grantee will provide the same nagivational, interactive and personalization features for the Quad Cities Mosaic Channel as are available to Subscribers for every other commercial Mosaic Channel. (For example, if a Subscriber has the capability to add selected sports or news Channels to the Sports or News Mosaics, then that Subscriber shall also be able to add a PEG Channel to any of the Mosaics. If through technology changes or innovation in the future, the Grantee discontinues the use of Mosaic presentations for other Channels including broadcast channels and commercial cable/satellite Channels (such as the News Mosiac, the Sports Mosaic, and/or the Children's Mosaic), then Grantee will either continue to support the Quad Cities Mosaic Channel as determined in the Commission's sole discretion or reach mutual agreement with the Commission regarding how to accommodate the Quad Cities Mosaic Channel to ensure PEG Channels are treated no less favorably than commercial channels provided by Grantee. 6.1.6 Grantee will make its electronic programming guide vendor ("EPG provider") available giving the Commission or City the ability to place PEG channel programming information on the Grantee's interactive channel guide. Grantee will be responsible for providing the designations and instructions necessary to ensure the channels will appear on the programming guide and for any System costs associated therewith. The Commission shall be responsible for providing programming information to the EPG provider and for any costs the EPG provider charges to programmers who utilize its service. 6.1.7 In the event the Grantee makes any change in the System or related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG channel programming or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission equipment, and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecasted efficiently to Subscribers. Grantee shall carry all components of the PEG Channels offered by the City and Commission including closed captioning, multichannel sound, DVR capability, etc. 6.1.8 All PEG channels shall be carried on the Basic Service tier. 6.2 PEG Support Obligations. 6.2.1 In addition to the franchise fee required under this Franchise, the Grantee shall collect from Subscribers via an itemization on customer bills ("PEG Fee") and pay quarterly to the Commission an amount equal to three percent (3%) of its Gross RevenuesPayment of the PEG Fee shall be made to the Commission within thirty 28 4892500 RJV QU210b (30) days of the end of each of the Grantee's fiscal quarters together with a report showing the basis for the computation. The Commission shall have the right to require further supporting information for each payment. All amounts paid under this paragraph shall be subject to audit and recomputafion by the Commission in accordance with the rights provided to the City pursuant to Section 8.3 of this Franchise. In the event the PEG Fee amount or structure paid by the incumbent cable provider to the City or Commission is modified during the term of this Franchise, then the City shall so notify the Grantee of any such change and the parties will meet to determine if the Grantee's PEG Fee structure should be modified to ensure that Grantee's PEG Fee payment obligations hereunder do not exceed those of the incumbent cable provider. 6.2.2 The Grantee and the City agree comply with any federal or State statutory change that entirely eliminates the Grantee's obligation to pay a franchise fee. 6.2.3 The Grantee acknowledges that the franchise held by the incumbent franchised cable provider within the Franchise Area includes obligations for an Institutional Network for the benefit of the City and other institutions and to facilitate PEG uses of the I -Net. The parties acknowledge that the public interest would not be served by duplicating existing I -Net facilities or services provided under other franchises. Grantee agrees that if any other cable operator franchised within the Franchise Area provides additional I -Net facilities or services which results in additional costs incurred by such other franchised cable operator, the Grantee shall meet with the Commission upon request of the Commission to determine a fair and equitable contribution of I - Net facilities by the Grantee to proportionately match said I -Net obligations. If the City and Grantee are not able to reach mutual agreement to resolve this issue, the Grantee and the City agree to enter into a binding mediation to determine a fair and equitable contribution by the Grantee to proportionately match (on a per month, per subscriber basis) said I -Net obligations. 6.3 Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 6.5 Universal Service Tier. The Grantee shall not have a Universal PEG Tier obligation until the first date by which Grantee is providing Cable Service to more than fifty percent (50%) of all subscribers receiving facilities based Cable Service from both the Grantee and any other provider(s) of Cable Service within the City. At that time, the City, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe required to comply with the requirements of this Section 6.5. 29 4892500 RN QU210fi 6.6 Costs and Payments not Franchise Fees. The parties agree that any costs to the Grantee associated with the provision of support for PEG access pursuant too Section 6 of this Franchise does not constitute and is not part of a franchise fee and falls within one or more of the exceptions to 47 U.S.C. § 542. SECTION 7. ACCESS CHANNEL DISTRIBUTION 7.1 PEG Programming Connectivitv. Grantee acknowledges that the City has acquired Institutional Network (I -Net) capacity, facilities, interconnection, services and resources from the incumbent franchised cable provider to, among other things, facilitate institutions' deliver of PEG programming to the Commission's master control facility. The I -Net capacity the City has acquired includes dedicated fiber capacity, facilities, interconnection, services and resources. Grantee shall provide additional connectivity for such PEG access programming purposes as provided herein, provided that the parties acknowledge that the public interest would not be served by duplicating existing I -Net facilities or services already provided under the incumbent's franchise. To the extent required for delivery of PEG programming due to elimination of I -Net capacity provided by the incumbent provider, Grantee shall provide and maintain, free of charge and without fees or costs imposed, a direct fiber connection from an agreed upon demarcation point at City Hall to the agreed upon demarcation point at the Commissions master control or Grantee's headend within 180 days of the City's written request. 7.2 Subscriber Network Drops to Designated Buildings. 7.2.1 Grantee shall provide, free of charge, installation and activation of one (1) subscriber network Drop, and one (1) outlet to the Commission's office. Grantee shall make best efforts to provide within a reasonable period time, taking market based success and Grantee's System expansion and Service activation progress into consideration, free of charge, one (1) subscriber network Drop, and one (1) cable outlet to City Hall. In addition, Grantee shall provide the foregoing free service and facilities to the institutions identified and designated for such facilities in Exhibit A, which is attached hereto and made a part hereof, provided such locations are Qualified Living Units and not receiving similar service from another provider. 7.2.2 The Grantee shall provide Basic Cable Service free of charge to institutions as provided in Section 7.2.1, provided, however, that the City or Commission may disconnect the other provider and require Grantee to meet the obligations herein if the location is a Qualified Living Unit. Grantee shall provide up to three (3) Set Top Boxes per institution free of charge and may charge for additional Set Top Boxes provided, however, that Grantee will provide an additional five (5) Set Top Boxes to serve additional outlets at institutional locations at the Commission or City's discretion, provided further, however, that City Hall will receive up to 30 4892500 RN QU2106 seven (7) Set Top Boxes free of charge. Grantee will provide free Service at City Hall even if the site is served by another provider. The Set Top Boxes or other equipment provided to receive Service shall permit reception of SD, HD and video on demand services. 7.2.3 Institutions may add outlets at their own expense, as long as the Installation meets the Grantee's standards. The Grantee shall have three (3) months from the date of City designation of additional institution(s) to provide a Drop and outlet to a Qualified Living Unit that is not receiving similar service from another provider, unless weather or other conditions beyond the control of the Grantee require more time. 7.2.4 Grantee agrees that if any broadband service is required in order to receive the Complimentary Service obligations set forth, Grantee will provide such broadband service free of charge for the provision of free Cable Service. Grantee agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Feces required as a result of its obligations required herein. 7.3 Broadband. Throughout the term of the Franchise, and as the term may be extended, Grantee shall provide the Commission high speed internet service with a modem and up to five (5) static IP addresses, with Grantee's highest available upstream bandwidth at such location ("Commission Broadband Service"), which may be used by the Commission for public use and various PEG purposes as determined in Commission's sole discretion. The Commission Broadband Service shall be provided by Grantee free of charge and at no cost to the Commission for both the monthly service and equipment. 7.4 Interconnection. 7.4.1 The System serving the Commission and the City of Andover shall be completely interconnected. 7.4.2 Grantee shall provide a discreet, non-public, video interconnect network, from an agreed upon Demarcation Point at the Commission's master control facility at the Commission's office to Grantee's headend. The video interconnect network shall provide sufficient allocated bandwidth to allow PEG operators that have agreed with Grantee to share (send and receive) live and recorded programming for playback on their respective systems, provided that such allocated bandwidth shall be not less than 50 Mbps. Where available the Grantee shall provide the video interconnect network and the network equipment necessary, for the high- priority transport of live multicast HD/SD video streams as well as lower -priority file -sharing. Grantee shall provide sufficient bandwidth for each participating PEG entity to send its original programming, receive at least two (2) additional multicast HD/SD streams from any other participating PEG entity, and all the transfer of files. Each participating PEG entity is responsible for encoding its own SD/HD content in suitable bit rates to be transported by the video interconnect network without exceeding the allocated bandwidth. 31 489250v3 RJV QU210fi 7.4.3 Grantee shall make available for Interconnection purposes one (1) channel for forward video purposes, one (1) Channel for return video purposes, between the System serving the City and all other Cable systems under common ownership with Grantee that participate in the Twin Cities Metro PEG Interconnect Network. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 8.1 Administration of Franchise. The City's designated cable television administrator shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 8.2 Delegated Authority. The City may appoint a citizen advisory body or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such delegatee of the City. 8.3 Franchise Fee. 8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its delegatee a Franchise fee in an amount equal to five percent (5%) of Gross Revenues. 8.3.2 Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. The City shall have the right to require further supporting information for each franchise fee payment. 8.3.3 All amounts paid shall be subject to audit and recomputation by the City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. The Grantee shall be responsible for providing the City all records necessary to confirm the accurate payment of franchise fees. The Grantee shall maintain such records for five (5) years, unless in the Grantee's ordinary course of business specific records are retained for a shorter period, but in no event less than three (3) years. If an audit discloses an overpayment or underpayment of franchise fees, the City shall notify the Grantee of such overpayment or underpayment. The City's audit expenses shall be borne by the City unless the audit determines that the payment to the City should be increased by more than five percent (5%) in the audited period, in which case the costs of the audit shall be home by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City of the underpayment, which notice shall include a copy of the audit report. If the recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) annual interest charge. If the audit determines that 32 48925Ov3 RN QU21M there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. 8.3.4 In the event any franchise fee payment or recomputation amount is not made on or before the required date, the Grantee shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). 8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. 8.3.6 The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 8.3.7 To the extent Grantee or its affiliates, including any affiliate owning all or part of the System, receives revenues for the provision of a discounted bundle of services that includes both Cable Services and non -Cable Services, such revenues shall be included in Grantee's Gross Revenues using a GAAP methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, state or local law (for example, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value). Such allocations shall be subject to review and challenge by the Commission or City. Grantee reserves the right to change the allocation methodologies set forth in this section in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force ("BITF") and/or the U.S. Securities and Exchange Commission ("SEC"). Grantee will give the Commission written notice of any such changes and Grantee shall, upon request or as part of any audit or review of franchise fee payments, document the change in allocation methodology. Resolution of any disputes over the classification of revenue should first be attempted by agreement of the Parties. The Commission and City reserve the right to challenge Grantee's calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 8.4 Access to Records. 33 489250v3 RN QU2106 The City shall have the right to inspect, upon reasonable notice and during Grantee's administrative office hours, or require Grantee to provide within a reasonable time, on a confidential and proprietary basis, copies of any records maintained by Grantee or its Affiliates, including specifically Gross Revenues worksheets, and accounting and financial records maintained by Grantee which relate to compliance of System operations with this Franchise or other applicable law. 8.5 Reports and Mans to be Filed with Citv. 8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a report of all Gross Revenues in a form and substance as required by City. 8.5.2 The Grantee shall prepare and furnish to the City, at the times and in the form prescribed, such other reports with respect to Grantee's operations pursuant to this Franchise as the City may require. The City shall use its best efforts to protect proprietary or trade secret information all consistent with state and federal law. 8.5.3 The Grantee shall make available to the City the maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall make available with the City updates of such maps, plats and permanent records as provided in Section 4 above. 8.6 Periodic Evaluation. 8.6.1 The City may require evaluation sessions during any quarterly meeting as provided in Section 4 above. 8.6.2 Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are both economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1. Performance Bond. 9.1.1 Within 30 days of the Effective Date, and at all times thereafter, until the Grantee has liquidated all of its obligations with the City and the Commission, the Grantee shall fiurlish a bond to the Commission in the amount of $100,000.00 in a form and with such sureties as are reasonably acceptable to the Commission. This bond will be conditioned upon the faithful performance by the Grantee of 34 4892500 FJV QU210-6 9.2. its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the Commission or City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City or the Commission which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the City may have under the Franchise or any other law. The City may, from year to year, in its sole discretion, reduce the amount of the bond. 9.1.2 The time for Grantee to correct any violation or liability shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) -day cure period and thereafter uses reasonable diligence to correct the violation or liability. 9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. 9.1.4 Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided City or the Commission has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. 9.1.5 The rights reserved to City or Commission with respect to the performance bond are in addition to all other rights of City or Commission whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City or the Commission may have. Letter of Credit. 9.2.1 Within 30 days of the Effective Date, the Grantee shall deliver to the Commission an irrevocable and unconditional Letter of Credit, in a form and substance acceptable to the Commission, from a National or State bank approved by the Commission, in the amount of $25,000.00. 9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written demand of the City, and in an amount solely determined by the City in payment 35 489250v3 RJV QU210-6 for penalties charged pursuant to this Section, in payment for any monies owed by the Grantee to the City or any Person pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or any Person as a result of any acts or omissions by the Grantee pursuant to this Franchise. 9.2.3 In addition to recovery of any monies owed by the Grantee to the City or any Person or damages to the City or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 9.2.3.1 For failure to timely complete the System construction as provided in this Franchise, unless the City or the Commission approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.2 For failure to provide data, documents, reports or information or to cooperate with City or the Commission during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.3 Fifteen (15) days following notice from City or Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.4 For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG Access Channels, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the City or the Commission, the penalty shall be $250.00 per day for each day, or part thereof, such breach occurs or continues. 9.2.3.6 For failure to comply with any of the provisions of this Franchise, or other City ordinance for which a penalty is not otherwise specifically provided pursuant to this subsection 9.2.3, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed; provided, however, that Grantee will not be charged under more than one penalty provision for each separate violation. 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to 36 4M50v3 R.TV QU2106 Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the determination of the City or the Commission, is necessary to cure the alleged violation) following local receipt of notice, provided the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City the City may draw from the Letter of Credit all penalties and other monies due the City from the date of the local receipt of notice. 9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give Grantee written notice that it intends to draw, and the Grantee may, within seven (7) days thereafter, notify the City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee. All penalties shall continue to accrue, but the City or the Commission may not draw from the Letter of Credit during any appeal pursuant to this subparagraph 9.2.6. 9.2.6.1 City or the Commission shall hear Grantee's dispute within sixty (60) days and the City shall render a final decision within sixty (60) days thereafter. Withdrawal from the Letter of Credit may occur only upon a final decision. 9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in subsection 9.2.1 of this Section. 9.2.8 If the City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to the City a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2.1 as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any withdrawals from the Letter of Credit. 9.2.9 If any Letter of Credit is not so replaced or replenished, the City may draw on said Letter of Credit for the whole amount thereof and use the proceeds as the City determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of the Grantee which are in default, shall not be a waiver or release of such default. 9.2.10 The collection by City of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to it, nor shall any act, or 37 489250v3 RN QU210-6 failure to act, by the City pursuant to the Letter of Credit, be deemed a waiver of any right of the City pursuant to this Franchise or otherwise. 9.3 Indemnification of City. 9.3.1 The City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System or as to any other action of Grantee with respect to this Franchise. 9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the Franchise. 9.3.3 In addition, Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in the form of Exhibit B, which shall indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City that the terms and conditions of this Franchise are less burdensome than another franchise granted by the city or that this Franchise does not satisfy the requirements of applicable state law(s). Grantee shall additionally indemnify, defend, and hold harmless City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the Franchise. On or before the Effective Date, Grantee shall execute a separate indemnity agreement in a form acceptable to the City, which shall indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City in granting this Franchise. This obligation includes any claims by the incumbent cable operator against the City that the terms and conditions of this Franchise are less burdensome than the incumbent's franchise, or that this Franchise does not satisfy the requirements of applicable state law(s). 9.3.4. Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regrading, or changing the line of a Right -of -Way or public place or with the construction or reconstruction of a sewer or water system. 38 4892500 RN QU210fi 9.3.5 The Grantee shall not be required to indemnify the City for negligence or misconduct on the part of the City or its officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 9.3.6 Related only to PEG programming, the Grantee shall not be required to indemnify the City for negligence or misconduct on the part of the City or its officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 9.4 Insurance. 9.4.1 As a part of the indemnification provided in this Franchise, but without limiting the foregoing, Grantee shall file with Commission at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, that covers broadcaster's liability and contractual liability coverage, in protection of the Grantee, the Commission, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City and the Commission as an additional insured, and in their capacity as such, City and Commission officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers. The broadcasters/cablecasters' liability coverage specified in this provision shall be subject to this Franchise regarding indemnification of the City. 9.4.2 The policies of insurance shall be in the sum of not less than $1,500,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $1,500,000.00 for property damage to any one person and $ 2,000,000.00 for property damage resulting from any one act or occurrence. 9.4.3 The policy or policies of insurance shall be obtained from a company licensed to do business in Minnesota. The Grantee shall provide a certificate of insurance coverage to the City. The policy shall either state that the City shall be notified in writing by the insurer thirty (30) days in advance of any cancellation or termination of such policy or, in the alternative, Grantee shall provide immediate written notice to the City if a cancellation or termination notice is received by Grantee and Grantee shall thereafter undertake immediate steps to secure a replacement policy meeting the requirements set forth herein. 9.4.4 Grantee shall keep on file with the Commission Certificates of Insurance. 9.4.5 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. 39 4892500 RN QU210fi SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 10.1. City's Right to Revoke. 10.1.1 In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or 10.1.13 Grantee has practiced fraud or deceit upon City or the Commission. City may revoke this Franchise without the hearing required by Section 10.2.2 herein if Grantee is adjudged a bankrupt entity. 10.2. Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. 10.2.2 The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph 10.2.1 above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. 10.2.3 Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any Person or the public. 10.3. Abandonment of Service. The Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the City for damages resulting from the abandonment, including all costs incident to removal of the System, if required by the City pursuant to Section 10.4. 40 4892500 R V QU2106 10.4. Removal After Abandonment, Termination or Forfeiture. 10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any portion of the System used exclusively for the provision of Cable Service from all Rights -of -Way and public property within the City. 10.4.2 If the Grantee has failed to commence removal of the System, or such part thereof as was designated by the City, within thirty (30) days after written notice of the City's demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 10.5. Sale or Transfer of Franchise. 10.5.1 No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with the City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to the City, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its System provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee and provided Grantee must seek approval of any transaction constituting a "fundamental corporate change" under state law. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or related group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquisition by one 41 489250v3 RJV QU210-6 Person of an interest of five percent (5%) or more in a single transaction shall require notice to the City. 10.5.3 The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof; 10.53.2 A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the Minnesota Public Utilities Commission ("MPUC"), the Federal Communications Commission ("FCC"), the Federal Trade Commission ("FTC"), the Federal Election Commission ("FEC"), the Securities and Exchange Commission ("SEC") or the Minnesota Department of Transporitafion ("MnDOT"). Upon request, Grantee shall provide City with a complete copy of any such document; and 10.533 Any other documents or information related to the transaction as may be specifically requested by the City. 10.5.4 The City shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 Grantee shall reimburse City for all the reasonable legal, administrative, consulting costs and fees associated with the City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. 10.5.6 In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations hereunder. 10.5.7 In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subsection 10.5.1 or 10.5.2, the City shall have the right to purchase the System for the value of the consideration proposed in such transaction. The City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. 10.5.8 The City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: 42 4892503 RN QU210.6 10.5.8.1 If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 10.5.7 above, its intention to exercise its right of purchase; or 10.5.8.2 It approves the assignment or sale of the Franchise as provided within this Section. 10.5.9 No Franchise may be transferred if the City determines the Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise. 10.5.10 Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City's assurance of due performance. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 11.1 Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, State, and city laws. 11.2. Subscriber Privacy. 11.2.1 No signals, including signals of a Class IV Channel, may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV Channel activity planned for the purpose of monitoring individual viewing patters or practices. 11.2.2 No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber 43 489250v3 RN QU210-6 subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 11.2.3 Written permission from the Subscriber shall not be required for the conducting of System -wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection 11.2.2. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 12.1 Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee's authorization. 12.2 Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. SECTION 13. MISCELLANEOUS PROVISIONS 13.1 Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, State and local laws and regulations. 13.2 Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. The Grantee shall 44 4892500 R V QU2106 provide notice to the City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 13.3 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8.6 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in applicable law, provided, however, nothing herein shall restrict the City's exercise of its police powers or the City's authority to unilaterally amend Franchise provisions, except the provisions of Section 4 to the extent permitted by law. 13.4 Compliance with Federal. State and Local Laws. 13.4.1 If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. 13.4.2 In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City. 13.4.3 If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the 45 4892500 R1V QU210{ provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. 13.4.4The City and Grantee shall, at all times during the term of this Franchise, including all extensions and renewals thereof, comply with applicable federal, State and local laws and regulations. 13.5 Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 13.6 Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 13.7 Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 13.8 Force Majeure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods, or other causes beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's employees or property, or the health, safety and integrity of the public, the Rights -of -Way, public property or private property. 46 M500 RN QU2106 13.9 Governing Law. This Franchise shall be governed in all respects by the law of the State of Minnesota. 13.10 Captions and References. 13.10.1 The captions and headings sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 13.10.2 When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 13.11 Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 13.12 Merger of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises and understandings. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXIIIBTTS 14.1 Publication. This Franchise shall be published in accordance with applicable local and Minnesota law. 14.2 Acceptance. 14.2.1 Grantee shall accept this Franchise within thirty (30) days of its enactment by the City Council and the enactment of a Franchise by the other member municipalities of the Commission, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. 14.2.2 Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with applicable law or regulations at the time it is executed. 14.2.3 Grantee shall accept this Franchise in the following manner: 47 4892500 RJV QU2106 14.2.3.1 This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 14.2.3.2 With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that are due but have not previously been delivered. 14.3 Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of ATTEST: By: Its: Mayor 2016. CITY OF ANDOVER, MINNESOTA By: Its: City Administrator ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: 489250v3 RN QU210fi By: Its: M QWEST BROADBAND SERVICES, INC. d/b/a CENTURYLINK F w 10 S 5 EXHIBIT A QUAD CITIES INSTITUTION CONNECTIONS m Andover CRY Had 1686 NW Crosstown Blvd Yes Yell I I Andover Fire 1786 NW crosstown &td Yee Yea _ _13876 630Andover Ye NE C_ rbeelm�netvd i800JNWVVd 0dve es Vw 1 000 578000AndoverE10TWIN Ie850HensonBlvd aakv4sw Middle Sdtad 15400 Herubn Blvd Yes Crooked lake Elarnenta 29M NW Bunker Lake BW Yes Meadow Creek Cltrbtion School 2841 Bunker Lake BIW Yea Anoka Couch Sha16 Billion 15]0 Bunker Lake Blvd _ No No No I 375 I 571260 f6�0011 _ (71000 Naw M0h sch-cLaki bup' Ne _SMIIML 14r and Croselown _ 1and Verdn _ _ _ Yes _ Yee -Yea _ Yes No Ya Ven _ Yes Yee _ 11,000 1J _ •i Mlnke h JM Ave — - State Hog" M_47�Ave_ No o I No 10D Lido a V Tac wag H" 0 Y"_ _ Yes I Yes 200 Limary�2135P AW Eattmvted al 2000 censtruceon rale Oils per tool, eedfslg mal or alectroNca�addk4rW nodes Ilauluta m beyond Sae 1*0 of edeang I -Not will 6e elle rlkd aith the req re g nsSUlton paying Actow Coeleeyond 500 feel Irtaryy2Cns nary receive cable model service g Met not avaiteble I -Net w [e emended at rine of Mal upgrade It lea rte • tocaben adl coathc a save as the City Carni Crwmtxve for at Least n.eo ntonlha. r H 0 0 z 4 S J EXHIBIT A QUAD CITIES INSTITUTION CONNECTIONS OCN Learning Center 737 Eesl Rivor Rood 2727 Ferry Street Yes _ Yes Yee Yes Anoka Munkal Utilhy Anoka Perks Departrnant 501 Plerce Street _ 611 Jacob Lem No 1400 No 200 No No No No 525 000 53150 53,950 Champlin Cll Nell 11955 Champlin Drive Yee Yee Yes anh ppm Fee 11955 Champlin D ktt Chem In Iw Arena 12155 FJtsign Ava No Yee Yea Yee Yes No No _ Henrapan Co. Libreri, 1 12154 Erni n Ava No _ you Yee Yea Jecksan Jr HIM 10000 10 Ave No Yea Yes Your _ Champlin Elemenlery _111 Daw Ava Yes No Yes 500 .500 Chumpi Palk High _ 0025 109 Ave No Yes Yes Yes Oxbov_FJementary _ _. arnseZslm.at _ Ramse City Hall Ramsey Elementary Ramsey Fire Ramsay Fire Rama Police Ramae r Puollc Warks 805010909 A No 15153 NowlMn Blvd 15100 Nowhon Blvd 15153 Novnhen BNd _15050 Arnistr mBlvd NW 15153 NtwAhen BW 14100 Jasper Street _ yes Yee Yes Yea Yes Yes Yea No 5280 Yes Yee Yes Yea 4 Yes No UN- 73.750 524,460 _ $82.500 I. Estenered at 2000 conetrtcbon rale & 58 Per, toot. exciudhg coal tl elxbonlc./m®boat node. 2. Inelihelons beyond 500 feet or existing 4Net v.0 ba extended "lithe requesting Institution payWV Ar.hial Cost beyond 500 reel 3 Instledmns meY mrelve ral>te modem swico II INeI rot evaaaae 4. 1 Net* be extended al Ilene of Mrs upgrade 4this Fire l/all location Mil mr olnue to serve as the Qty llounW cher bars for .I least Mal. months. INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is made this day of , 2016, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called "CenturyLink," and the Quad Cities Cable Communications Commission, a Minnesota municipal joint powers commission, hereinafter called "Commission," and the City of Andover, hereinafter called "Member City," together party of the second part. WITNESSETH: WHEREAS, the Commission has recommended that the Member City award to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the Member City; and WHEREAS, the Commission has recommended and the Member City has required, as a condition of its award of a cable communications franchise, that the Commission and Member City be indemnified with respect to all claims and actions arising from the award of said franchise. NOW THEREFORE, in consideration of the foregoing promises and the mutual promises contained in this agreement and in consideration of entering into a cable television franchise agreement and other good and valuable consideration, receipt of which is hereby acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify, defend and hold harmless the Commission and the Member City, their officers, boards, commissions, employees and agents against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense (including, but not limited to, court and appeal costs and reasonable attorneys' fees and disbursements assumed or incurred by the Commission and the Member City in connection therewith) arising out of the actions of the. Commission and the Member City in granting a franchise to CenturyLink. This includes any claims by another franchised cable operator against the City that the terms and conditions of the CenturyLink franchise are less burdensome than another franchise granted by the Commission or that the CenturyLink Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The indemnification provided for herein shall not extend or apply to any acts of the Commission constituting a violation or breach by the Commission of the contractual provisions of the franchise ordinance, unless such acts are the result of a change in Applicable Law, the order of a court or administrative agency, or are caused by the acts of CenturyLink. The Commission shall give CenturyLink reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by this agreement. The Commission shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The Commission and Member City may participate in the defense of a claim, but if CenturyLink provides a defense at CenturyLink's expense then B-1 4892500 RJV QU210fi CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that the Commission and the Member City may incur if it chooses to participate in the defense of a claim, unless and until separate representation is required. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota Rules of Professional Conduct, between the Commission and the counsel selected by CenturyLink to represent the Commission and/or the Member City, Century Link shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the Commission and the Member City in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. Provided, however, that in the event that such separate representation is or becomes necessary, and the Commission or the Member City desires to hire a counselor any other outside experts or consultants and desires CenturyLink to pay those expenses, then the Commission and/or Member City shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the parties agree that the Commission and/or the Member City may utilize at any time, at its own cost and expense, its own attorney or outside counsel with respect to any claim brought by another franchised cable operator as described in this agreement. The provisions of this agreement shall not be construed to constitute an amendment of the cable communications franchise ordinance or any portion thereof but shall be in addition to and independent of any other similar provisions contained in the cable communications franchise ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not be dependent or conditioned upon the validity of the cable communications franchise ordinance or the validity of any of the procedures or agreements involved in the award or acceptance of the franchise, but shall be and remain a binding obligation of the parties hereto even if the cable communications franchise ordinance or the grant of the franchise is declared null and void in a legal or administrative proceeding. It is the purpose of this agreement to provide maximum indemnification to the Commission and the Member City under the terms set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of the Commission and the Member City by CenturyLink. This agreement shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their successor's and assigns, if any. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] B-2 4892500 RN QU210fi Dated: 2016. By: Its: STATE OF ) COUNTY OF ) QWEST BROADBAND SERVICES, INC. d/b/a CenturyLink The foregoing instrument was acknowledged before me this day of 2016, by , the of Qwest Broadband Services, Inc. d/b/a CenturyLink, a Delaware Corporation, on behalf of the corporation. NOTARY PUBLIC Print Name: My Commission Expires: B-3 4892500 RN QU2105 City of Andover, MN Publication Summary Ordinance No. AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF ANDOVER, MINNESOTA FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN On November 15, 2016, the City of Andover adopted Ordinance No. _, granting a franchise to Qwest Broadband Services, Inc. d/b/a/ CenturyLink to construct, operate, and maintain a cable system in the City of Andover for the purpose of providing cable service; setting forth conditions accompanying the grant of the franchise; provided for regulation and use of the system and the public rights-of-way in conjunction with the City's right-of-way ordinance, if any, and prescribing penalties for the violation of the provisions herein. Adopted: November 15, 2016. Attest: James Dickinson, City Administrator Published in the 48986Ivl QU210-6 Julie Trude, Mayor on November 2016. The full ordinance shall be posted at the public library and available for inspection during normal business hours at City Hall. 1 -�;�:�.•".v. w• 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council Members FROM: Stephanie L. Hanson, City Planner SUBJECT: Interim Use Permit Amendment — Mining — Mark Smith - planning DATE: November 15, 2016 INTRODUCTION Mr. Smith is requesting an extension of the original IUP expiration date from December 1, 2016 to December 31, 2017. DISCUSSION Background On April 21, 2015, City Council approved an IUP to allow mining on the properties Mr. Smith owns at Andover Blvd and Butternut St. The materials will be transported and used for the residential development known as Catcher's Creek 2nd Addition and will be used for soil corrections needed for the construction of streets, overall site grading and building pads. Attached is the approved resolution for your review. Mr. Smith hopes to start hauling material to the Catcher's Creek 2nd Addition during the month of November. The duration of the project will last no more than 3 weeks. However, since it is the end of the hauling season because of potential inclement weather conditions, the hauling may not be completed by December 1, 2016. The extension of the IUP until December 31, 2017 will ensure the project can be completed in 2017 in the event of unforeseen circumstances such as inclement weather, spring rains, road restrictions, etc. Staff Review City staff reviewed the proposed IUP extension and has no issues with the request. The overall project is being completed in 2 phases. The 1St phase is completed. The site was restored in a timely fashion and Mr. Smith met the conditions of the resolution. The Engineering Department completed a review of the proposed plan. As part of the review process, the Engineering Department verifies that after the removal of the materials, the final grade of the site will still allow for fixture development to occur. Coon Creek Watershed District A permit from the CCWD has been approved. Silt fence and seeding to establish groundcover after project completion will be required through the CCWD permit. Transportation The materials will be delivered to Catcher's Creek Second Addition through Catcher's Creek located off Prairie Rd NW. The transportation route is shown on the attached mining and grading plan. Interim Use Permit Criteria City Code 12-14-12(D) states that 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: 1) Will not create an excess burden on parks, streets, and other public facilities 2) Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare 3) Will not have a negative effect on values of properties and scenic views 4) Will not impose additional unreasonable costs to the public 5) Will be subjected to, by agreement with the owner, any conditions the City Council has deemed appropriate for permission for the use, including a condition that the owner may be required to provide an 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 November 9, 2016, the Planning and Zoning Commission held a public hearing and took public feedback. A draft of the meeting minutes will be supplemented prior to the City Council meeting. The Planning and Zoning Commission recommended approval of the IUP on a 6 — 0 vote with the following recommended changes to the resolution: Condition #5: Change the IUP expiration date to November 30, 2017 Add Condition #11: Once the mining project begins, the Applicant shall make continued uninterrupted progress until the project is completed. If unforeseen circumstances arise that are beyond the control of the Applicant, notice shall be given to the City and work towards the completion of the project must resume as soon as plausible. ACTION REQUESTED The City Council is asked to review the request, consider the recommended changes to the resolution, and the recommendation of approval by the Planning and Zoning Commission. Attachments: Resolution Location Map Approved Resolution 045-15, dated April 21, 2015 Mining and Grading Plan and Transportation Route Respectfullly Submitted, Stephanie L. Hanson Cc: Mark Smith, 2120 Otter Lake Drive, Lino Lakes, MN 55110 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 '♦_..�. A RESOLUTION GRANTING AN INTERIM USE PERMIT EXTENSION FOR MINING AT THE PROPERTIES LEGALLY DESCRIBED AS FOLLOWS: 20 ANDOVER BLVD NW, PIN 25-32-24-41-0008, THE N 540 FT OF LOT 9, AUDITORS SUB. NO 141, EX RDS SUBJ TO EASE OF REC; 14415 BUTTERNUT ST NW, PIN 25-32-24-41-0010, THE S 336.44 FT OF N 673.01 FT OF W %2 OF E %: OF SE 1/2 OF SEC 25 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC; 74 ANDOVER BLVD NW, PIN 25-32-24-41-0011, THE N 336.57 FT OF LOT 8 AUDITORS SUB NO. 141, EX RD, SUBJ TO EASE REC. 14416 BUTTERNUT ST NW, PIN 25-32-24-41-0003, LOT 5; AUDITORS SUB NO. 141, EX RD, SUBJ TO EASE OF REC 14390 BUTTERNUT ST, PIN 25-32-24-41-0004, AUDITORS SUB NO. 141 GROW TWP N . 160 FEET OF LOT 6 AUDITORS SUB NO. 141 PIN 25-32-24-41-0012, THAT PRT OF El/2 OF El/2 OF El/2 OF SEI/4 OF SEC 25 TWP 32 RGE 24 LYG S OF N 540 FT THEREOF & LYG NLY OF A LINE DRAWN FROM A PT ON E LINE OF SD 1/4 1282.23 FT S OF NE COR THEREOF TO A PT ON WLY LINE OF SD El/2 OF El/2 OF El/2 1257.33 FT SLY ALG SD WLY LINE OF NW COR THEREOF (AKA PRT OF LOT 9 AUD SUB NO 141), SUBJ TO EASE OF REC WHEREAS, Mr. Mark Smith has requested an interim use permit extension for the mining of up to 57,500 cubic yards of material on the subject properties; and WHEREAS, the Planning and Zoning Commission held a public hearing on November 9, 2016; and WHEREAS, the Planning and Zoning Commission finds the request meets the Interim Use Permit standards as required by City Code 12-14-12 (D). WHEREAS, the Planning and Zoning Commission recommends to the City Council the 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 extension to allow for mining of up to 57,500 cubic yards of materials on said properties with the following conditions: 1. All comments from city staff must be satisfactorily addressed prior to the commencement of work on the properties. The City of Andover Engineering Department will determine when all comments have been satisfactorily addressed. 2. The applicant shall obtain permits from the Coon Creek Watershed District and a NPDES permit from the Minnesota Pollution Control Agency prior to commencement of work on the properties. 3. A cash escrow or letter of credit for hauling on Butternut St NW shall be required to ensure any damage to the street will be repaired by the applicant. The amount shall be determined by the City Engineer. 4. Hours of operation are limited to Monday thru Friday from 7:00 am — 6:00 pm, no operations on Saturday and Sunday. 5. Interim Use Permit will expire on December 31, 2017. The site shall be restored and vegetated prior to winter conditions as determined by the Coon Creek Watershed District. 6. The haul route used to distribute the materials to the proposed Catcher's Creek Second Addition development will be Andover Boulevard to Prairie Road. 7. Mining shall be limited to 57,500 cubic yards and shall only occur in those areas approved on the site plan and any modifications to the plan accepted by the City Engineer. 8. An AutoCAD as built plan and digital information must be submitted to the City showing compliance with this permit at the completion of the mining and restoration of the site. 9. Mining shall be performed in phases whereby an identifiable area, approved by the City, shall be mined within an agreed upon time, followed by appropriate and approved erosion control measures within two weeks of completion of the mined phase. 10. The materials mined from the site shall only be used for the development Catcher's Creek Second Addition. Adopted by the City Council of the City of Andover on this 15 day of November, 2016. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Julie Trude, Mayor A'r i or • NiDOVEA Soil Removal Location! I}AuL RouTE 13] L45d7 d]5 375 3]5 275 225 155 I]I 59 Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. wE Copyright © 2013 City of Andover, All Rights Reserved Printed 04/08/2015 s ANDOVER BLVD _---- ANOOVfNBLVD ANDOVER BV' 2 W A, 453 ml 039 417 d05 393 381 30 357 3d5 1`465 1`432 p 4]] 1`463 Im61 V 315 iO3 191 ~ N I.A. Im68 14463 14453 W 144TNW Im30 Im56 Q .n Im 4 L4451444 m00 432 420 mB 396 304 372 3W UB 14`41 1`444 13 Z 310 3W 192 1`450 2 1.38 W 1.11 14039 1`433 1`428 W 1`431 253 W U 1`430 351 1-U 219 A5 1.21 m] 433 423 411 307 375 363 144TNAVE 199 193 lm1'. 1`426 f N 4VE 14415 144TH AVE 10396 I`4Id i]8 269 ,~i� 3p 14D3LAO336 3 IM�v� 3m HICYyIRY MJliR4RK W I 390 1`404 A2 190 0® `4B 436 423 410 398 U. 14363 L4378 14376 1434 ¢ ¢ 14363 W 14165 14366 14348 14320 < I4346 1436] 331 � Lu. 374 350 14.3 14275 14315 14257 y6 334 322 1423] 1. 14239 1]9 1. 03 75 67 1433) CMUCREEK 189 � SI �'9 593 199 123 115 14195 14215 579 143 JE 14189 10220 10231 209 142ND M 142ND AVEed 0L86 76 9 14183 142ND AW � 14L77 qE P 14127] loo 141B8 j 7d 613 6L8 14212 z19 ND y 14189 N 14171 1a LT4 y O 341 uz ~ 14191 192 1]7 14168 14165 ep MAI y 141AI 59 M 613 ®1 14L83 j 14113 15 67 L41. 16L98 14189 N•I4165 83 LN 14131 - Ill.ll72 lalao 14164 1a117 1 4j5{ 14111 Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. wE Copyright © 2013 City of Andover, All Rights Reserved Printed 04/08/2015 s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R045-15 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AT THE PROPERTIES LEGALLY DESCRIBED AS FOLLOWS: 20 ANDOVER BLVD NW, PN 25-32-24-41-0008, THE N 540 FT OF LOT 9, AUDITORS SUB. NO 141, EX RDS SUBJ TO EASE OF REC; 14415 BUTTERNUT ST NW, PN 25-32-24-41-0010, THE S 336.44 FT OF N 673.01 FT OF W '/� OF E % OF SE V2 OF SEC 25 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC; 74 ANDOVER BLVD NW, PIN 25-32-24-41-0011, THE N 336.57 FT OF LOT 8 AUDITORS SUB NO. 141, EX RD, SUBJ TO EASE REC. 14416 BUTTERNUT ST NW, PN 25-J2-24-41-0003, LOT 5; AUDITORS SUB NO. 141, EX RD, SUBJ TO EASE OF REC 14390 BUTTERNUT ST, PN 25-32-24-41-0004, AUDITORS SUB NO. 141 GROW TWP N 160 FEET OF LOT 6 AUDITORS SUB NO. 141 PN 25-32-24-41-0012, THAT PRT OF EI/2 OF E1/2 OF E1/2 OF SETA OF SEC 25 TWP 32 RGE 24 LYG S OF N 540 FT THEREOF & LYG NLY OF A LINE DRAWN FROM A PT ON E LINE OF SD 1/4 1282.23 FT S OF NE COR THEREOF TO A PT ON WLY LINE OF SD E1/2 OF E1/2 OF EI/2 1257.33 FT SLY ALG SD WLY LINE OF NW COR THEREOF (AKA PRT OF LOT 9 AUD SUB NO 141), SUBJ TO EASE OF REC WHEREAS, Mr. Mark Smith has requested an interim use permit for the mining of up to 57,500 cubic yards of material on the subject properties; and WHEREAS, the Planning and Zoning Commission held a public hearing on April 14, 2015; and WHEREAS, the Planning and Zoning Commission finds the request meets the Interim Use Permit standards as required by City Code 12-14-12 (D); 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 mining of up to 57,500 cubic yards of materials on said properties with the following conditions: 1. All comments from city staff must be satisfactorily addressed prior to the commencement of work on the properties. The City of Andover Engineering Department will determine when all comments have been satisfactorily addressed. 2. The applicant shall obtain permits from the Coon Creek Watershed District and a NPDES permit from the Minnesota Pollution Control Agency prior to commencement of work on the properties. 3. A cash escrow or letter of credit for hauling on Butternut St NW shall be required to ensure any damage to the street will be repaired by the applicant. The amount shall be determined by the City Engineer. 4. Hours of operation are limited to Monday thru Friday from 7:00 am — 6:00 pm, no operations on Saturday and Sunday. 5. Interim Use Permit will expire on December 1, 2016. The site shall be restored and vegetated prior to winter conditions as determined by the Coon Creek Watershed District. 6. The haul route used to distribute the materials to the proposed Catcher's Creek Second Addition development and Hickory Meadows Second Addition will be Andover Boulevard to Prairie Road. 7. Mining shall be limited to 57,500 cubic yards and shall only occur in those areas approved on the site plan and any modifications to the plan accepted by the City Engineer. 8. An AutoCAD as built plan and digital information must be submitted to the City showing compliance with this permit at the completion of the mining and restoration of the site. 9. Mining shall be performed in phases whereby an identifiable area, approved by the City, shall be mined within an agreed upon time, followed by appropriate and approved erosion control measures within two weeks of completion of the mined phase. 10. The materials mined from the site shall only be used for the developments of Hickory Meadows Second Addition and Catcher's Creek Second Addition. Adopted by the City Council of the City of Andover on this 215` day of April, 20115. CITY OF ANDOVER ATTEST: Jule Trude, Mayor Mic elle Harmer, Deputy City Clerk - - - -'� - - - - - _- ^ '- -ANDOVER- � _ _-� OULEVARD ---------- — —L--- ------ --_-- Ti _ � / 1 I � . xgb9dj'✓ � - / g+giiiYN7Yd/R� I =i�{fI i !rte' IIID l QzG/FY71 Sl7aoaaxy T'�'"e ac ncrn: v11Lrm U]< v.Bm e"I $s3� br�r� 11rA�e be - Ile drzDP IC' drop $' Ib' a bone v%tA 4eL• -EabLea, GENERAL BROSION CONTROL NOTES: e+ 117 STREET w6�`MDm coxa N VRES ONM v Mr m Drs RBM W 1N Dx BET n R6 SOIL REMOVAL / II E, L, wslsvuEVRL B,1 2) SCONES NVS, pE S..A9„RO B,1 m SOF BdrG SEEDO NY J' BEM NI ER090N fOw .1ICity of Andover q. NRD2D BEM �1. .1BES IXN . w5 PD59BIF /l RA CO%LnCN G! QYM[ I� N f � � !_ I 31 NL umo-. coma wslNulwxs 9HAu Rw.w w Pua BND eE uAenAA¢D x moo / Z mlE w°x Br TME uNm.nDR�Em.n¢ Hmn ra 9rz wAs BFEN RE-.EmArzn AT ..RBE w RE RENTED. om°°r°gip, = R ra �nm ra wr Anoka County, Minnesota I> i 2aa.R.BE,.-5 D x N BET x xo An nBrsx �FSNCE� /79 - I I uNDD1 um sm a em Al 7s us/AERE BETM TroE H uuEN Ar zaao Hn/AaE I.) Cr5PEc1 C.B. . arz piQ EVERY , BNr .WB W TRH z. xPINE K A RMSALL LHNz Or NEEN I "HNEs x z. Haw P i) YLUMI .E TB BH0 BE HOU VEWNH EI.OI SIMM EKNI MEY uUSt BE REMNEO w2N .11REwa MPRDrnAm, m -NN, IM x.011 EY ME ..B. s).YT Ep4 1. .. BE NEP4¢D P..Y wr.l n DECORDi[S tll BE. IWi[C. MONEY THE MRIIVW1 IIS PA NOSLM4R NE[ESSMY. t) H.L. SOLS • EO u x .N BE RNDVN OMY, 11 µY BEEBUENT NEDMEIING IN MM.IO,, P .1 EIE`EEO uE cp�l. wM11M EEBSCE Ni. ME. �1Pm �5(EMO B.) Be THOSE MEAS -ER1 . TEEN BVNKET OR O NER SLME sm ANON uEMw x/5 EME➢. TH7.4L ME SVNBE REESIIBY9QD. SEm MD 1MSOE REPT =. AND AOpnWN iLmE EnENT wsNLED. z) S 7 ELY RS SNA` BE µMNOLi➢ WQN THEY HME MRKD THEM UYRI NAY ME. BUT NOT WOKE THE El. R [Ix EA HM BEEN IW WAHRY $IABUtEO. RtlPIM HS RFgYQO BEEN NL p6HPENNEY E S12" Bran gAM1OSG(SEIMm11 nRRi HAY BN E; UT ) CN3 9rz IS B) Nag1�.IµHG KR[wUENIz1A@LBMMM U.UB1BE9 OFEO 101xfA R9OH —OON �uv[CMmr PERAFANBNT SEED REVEGITATfONSEED R��G/T�TfON BEH ..0>i ..ano M. us. y �•.yuH.H w H BY.wrxN. a srBll B Ni zbiB e./b. e Nue wmTHN He..m..r 1 ..xye. GENERAL CRAOING NOTES. NOTES: 1.) UNDERLYING TOPOCRIFMY FROM WORMAMM PRONGED BY AROKA CO. AND FELD VENFEEO BY HEDLUNO ENgNEERWC. L) EMSTND UPUTY LOCKMONS AS -PER PUNS NHOMDED BY Om EY .WDOYFR AND nO-D SHDTS BY HEDLUND ENONEMQ ESTIMATED OUANTITIES.- X&T FENCE 3.760 LE. CONST. FENCE 10.6 LE. RM CONST. ENTRANCE 3 ER090N CONTfl0. HANKET N/A TEMP. SOD AND BUICK 15.7 AOIES fer•Hwwr w� � k SILT FENCE xwE raaT"d-) ROCK CONSTRUCTION ENTRANCE 16.5' WETLAND BUFFER OWOOD FIBER BLANKET \ CYeek \ ( l ) HAUL ROUTE NO Scae RECEIVED MAR 2 0 2015 CITY OF ANDOVER iB)DYE)• n P pIv u � ii. - V �e 03 aoP 9Eaa o'p6 =E' 95 5E3�o b "u�oe u =555 rc cc- /. 0 EXISTING CONTOUR X - 920.8 EXISTING GRADE ELEVATON EXISTING FREE LINE 0 EXISTING MEE -ST—ST- EXISTING STORM SEWER —K—K— EXISTING FENCE \ FIELD DELINEATED WETLAND PROPOSED CONTOUR - _, - - - PROPOSED CONTOUR BY OTHERS g )0 PROPOSED STORM SEWER T0. PROPOSED GRADE 930.8 EXISTING GRADE RETAINING WALL 920.8 DENOTES AS -BUILT GRADE ROCK CONSTRUCTION ENTRANCE 16.5' WETLAND BUFFER OWOOD FIBER BLANKET \ CYeek \ ( l ) HAUL ROUTE NO Scae RECEIVED MAR 2 0 2015 CITY OF ANDOVER iB)DYE)• n P pIv u � ii. - V �e 03 aoP 9Eaa o'p6 =E' 95 5E3�o b "u�oe u =555 rc cc- /. 0 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 De David Berkowitz, City Engineer/Director of Public Works FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Andover Pollinator Awareness Project (APAP) Update -Engineering DATE: November 15, 2016 INTRODUCTION The Andover Pollinator Awareness Project (APAP) is a group led by volunteers that formed in early 2015 in response to the decline in our pollinators. The intent of the group is to raise awareness, educate residents and coordinate projects that improve habitat for pollinators and our environment as a whole. Since its formation, the group has accomplished a lot. A few things include coordinating two pollinator -friendly garden tours, hosting a pollinator party, managing booths at numerous functions and and helping a school plan and design a pollinator -friendly landscape on the school grounds. ACTION REQUESTED APAP Chair Cheryl Seeman will give a brief presentation summarizing some of the group's completed projects and accomplishments. Respectfully submitted, Kameron Kytonen 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 Council Members Jim Dickinson, City Administrator David D. Berkowitz, City Engineer ire or of Public Works Todd J. Haas, Assistant Public Works Review of Fox Meadows Park Layout/14-15 - Engineering November 15, 2016 INTRODUCTION The City Council is requested to review the draft layout of Fox Meadows Park. DISCUSSION Attached is a copy of the draft layout (located in the side pocket of the packet) of Fox Meadows Park that was presented to the Park and Recreation Commission on November 3, 2016. The Park and Recreation Commission are recommending two soccer/football/lacrosse fields that have been identified on plan. One field is a full size and the other is a medium sized field for the younger age groups which also could be used for practice by the various associations. The full size field has been adjusted further north and west (identified in red) from the initial plan which will provide somewhat closer access to the parking lot at the north end of the park. There is an existing sliding hill closer to the northeast corner of the full size field that was rarely used by the residents that will be permanently removed. The sand from the sliding hill area will be used to grade the site. Pine Hills North has a sliding hill nearby along with two other locations in Andover, Prairie Knoll Park and Andover Station North. Detailed concepts will come back to the City Council for discussion at workshops in 2017 followed by a formal final design/plan approval before the project goes out for bids. The Park and Recreation Commission held a neighborhood informational meeting in which comments were received along with an email (see attachment) that was received since the notification letter was sent out. The Commission is recommending a perimeter trail system as part of the design of the park and at a minimum to grade in the trail as part of the overall grading of the park since the equipment will be available on site. If funds are available the Commission would like to look at paving the trail now or at some point in the future. Otherwise the trail would be graded and seeded with the trail being periodically mowed throughout the summer months. BUDGETIMPACT This projected is identified in the 2017 Park Capital Improvement Plan that has been approved by the City Council. This will be funded by a combination of park dedication and maintenance funds. ACTION REQUIRED The City Council is requested to review the draft layout of Fox Meadows Park and provide comments. Mayor and Council Members November 15, 2016 Page 2 of 2 Respectfully submitted, Todd J. Haas Cc: Shane Stenzel, Park and Recreation Commission Chair (copy sent by e-mail) Attachment: Proposed layout of park; Letter to residents; E-mail from the Montgomery Family; Cost estimate; Map of area; Draft meeting minutes of Park Commission 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV October 12, 2016 Owner/Occupant Andover, MN Re: Fox Meadows Park/Neighborhood Informational Meeting/14-15 Dear Owner/Occupant: The Andover Park and Recreation Commission is requesting input regarding the proposed layout for new fields that could be used for soccer, football and/or lacrosse programs or possible other activities. An aerial view of the park that identifies the proposed locations of the fields is attached for your review. An Information Meeting is scheduled for Thursday, November 3, 2016 at 7 pm at Andover City Hall Council Chambers. This is a public meeting and we encourage residents to participate. If you are not able to attend the meeting and would like to provide input into the proposed layout, feel free to send an e- mail to Todd Haas at t.haas(ar)andovermn oov by Thursday, October 27, 2016 by 4:30 pm so your comments can be forwarded to the Park and Recreation Commission for review prior to the neighborhood meeting. If you have any questions, feel free to contact Todd Haas at 763-767-5131 or David Berkowitz, City Engineer/Director of Public Works, at 763-767-5133. Sincerely; Todd J. Haas Assistant Public Works Director/Parks Coordinator Cc: Mayor and City Council Jim Dickinson, City Administrator Park and Recreation Commission paa t rl PROPERTY UNE w•-I'C' Todd Haas From: crystal montgomery <taalynn2000@gmaN.com> Sent: Monday, October 24, 2016 3:26 PM To: Todd Haas Subject: Fox meadows park update Dear Todd, I own a house close to the fox meadows park and my family utilizes the park frequently. One of the things we have thought would be a nice addition would be a paved walking path for bikes, skating and just plan walking/running that follows the parameter of the park. Also a tennis court would be a great addition to the multiple other sports that the park plans on updating like the soccer field. Since our children both participate in these sports it would be a great location close to our house that we could all enjoy. Thanks for your consideration. Crystal and Jake Montgomery Cost Estimate for: Fox Meadows Park Im _ ements ITEM DESCRIPTION NO. 1 MOBILIZATION 2 REMOVE & DISPOSE EX. PARK SHEALTER 3 CLEAR & GRUB TREES 4 SUBGRADE PREP TRAIL 5 SUBGRADE PREP PARKING LOT 6 COMMON EXCAVATION (EV) 7 TOPSOIL BORROW (LV) 8 AGGREGATE BASE CLASS 9 TYPE SP 9.5 WEARING COURSE MIX (2,6) 10 6" CONCRETE PEDESTRIAN RAMP 11 IRRIGATION WELL 12 IRRIGATION SITE 13 PRO TURF SEED, FERTILIZER, AND HYDROMULCH 14 CONSTRUCT PARK SHEALTER QUANTITY UNIT UNIT AMOUNT PRIrF 1 LS $ 8,000.00 $ 8,000.00 1 LS $ 1,500.00 $ 1,500.00 2.25 AC $ 5,000.00 $ 11,250.00 3 RS $ 200.00 $ 600.DD 5.5 RS $ 500.00 $ 2,750.00 6200 CY $ 12.00 $ 74,400.00 160 CY $ 24.00 $ 3,840.00 1100 TN $ 24.00 $ 26,400.00 65 TN $ 150.00 $ 9,750.00 1 LS $ 1,800.00 $ 11800.00 1 LS $ 220,000.00 $ 220,000.00 1 LS $ 25,000.00 $ 25,000.00 6 AC $ 2,000.00 $ 12,000.00 1 EA $ 15,000.00 $ 15,000.00 ESTIMATED CONSTRUCTION COST $ 397,290.00 CONTINGENCY (20%) $ 79,458.00 TOTAL ESTIMATED CONSTRUCTION COST $ 476,748.00 . 160.8.7 16094 16080 't 4j27 o a 0 v 4021 +00n 1.3010ao> 16020 - �/ 16038 J 160TH LN •- 750.10 16055 16055 -- 4141 _ m 7 ss6p m 16002 �v� F'00o o N 1600$ 76.0 O� 47,ip 0 h 77 7596 O tsa]s 7 Sys2 15961 ^ 759 M 0tr oN < 000 2y a c 460 a 4517 ^0 ,,O s-E�cLi ^ 0 O 4% 15011 aJBy° ^ ADO. Q � D 4020. 15869 4624 asBja ae b GJ ISM - O ^fiery 615 15790 gala `� �C os°zj gea° O� 0� 159 15801 �Se +JJPo aJ°0j as°ro r & - 15gp0 A of S 7g per, .. �. +v' ` 90 1 15 s� 15140 15741 m 7%wzc o qw� 4400 .. Ar�4'1/ 1m+ g>a0 a°n+ 15111 15710 15710 15711 P y 1nw Imam wm 111 06 4345 15AVE--- 00h- ^y rn °3 15640 15643 15658 15654 15557 N m \l ✓�9,�y 15629 j 15601 15526 156 21 15620 Q 15598 15593 15604 U 15597 15600 15570 A 15`577 4359 m m N 15543 1557115566 0. 15535 -Tkd-Ake ^yN � 15523 15490 NO m > 4096 v 15481 o i 4260 m 7�4jB C- z'ZDO€ A s �9t 4221 ^ 15459 4310 15440 a > as Z m A N O 15453 v yc w o 15364 15349 4051 V ¢ ._____________ _� .. _ —____ �� (� y PARKAND RECREATION COMMISSIONMEETING — NOVEMBER 3, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chair Stenzel on November 3, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Chair Shane Stenzel, Vice Chair Jim Lindahl Commissioners Ted Butler, Sarah Elstrom, Alisa Lewnau, Angela Marinello, and Mark Miskowiec. Commissioners Absent: None Also Present: Assistant Public Works Director, Todd Haas Natural Resources Technician, Kameron Kytonen Parks Maintenance Supervisor, Jason Grode RESIDENT FORUM No one appeared to address the Commission. APPROVAL OF MINUTES Motion by Lewnau, seconded by Marinello, to approve the October 6, 2016 Park Commission minutes as presented. Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote. HOLD PUBLICINFORMATIONMEETING/14-15IFOXMEADOWS PARK Mr. Haas explained that this item is in regard to the layout of Fox Meadows Park, which was presented to the Park and Recreation Commission at their October 6, 2016 meeting. He presented the draft park layout, noting that based on direction from the last Commission meeting, which identifies on the plan two soccer/football/lacrosse fields, one being full sized and the other being a medium sized field for younger aged groups. Mr. Haas pointed out the full-size field has been shifted farther north and west, somewhat closer to the parking lot. He provided 2017-2021 Capital Improvement Plan for the City which identifies specific projects being considered over the next 5 years. He also provided pictures of the park near the existing parking lot taken earlier today looking south towards the existing sliding hill and field. He noted part of this area would be graded and the new fields are proposed to be irrigated. A consulting engineer will be hired to determine the location of the irrigation well. Regular Andover Park & Recreation Commission Meeting Minutes —November 3, 2016 Page 2 Chair Stenzel asked how far away the pipelines have to be from the well. Mr. Haas stated the pipe line company will determine that and a discussion of this will occur at the preconstruction meeting at which time questions could be asked. Commissioner Lindahl asked if there will be a passage way to the smaller field or a trail connecting the two fields. Mr. Haas stated there will be some sort of trail system and walkways in the plan. He stated if they have specific ideas the Commission can request that they be added into the plans. Chair Stenzel opened the meeting for public comment. Mr. David Olson, attorney representing Rita and John Burgeson, appeared and stated he spoke at the October 6, 2016 Commission meeting on their concerns. He reiterated that their primary concern with the field is the location and it being too close to their property. He stated the Burgeson's have had issues with nuisance and harassment with the park near their property and worry it will become exacerbated with the fields being closer to their property line and request they put the fields in to the northwest of the Burgeson's property. Mr. Olson also asked to receive any information as it becomes available as to the plans for this project. Mr. Haas stated they will be informed as the plans become available. Mr. Jerry Neises, 4101 S. Enchanted Drive, was present and addressed the Commission. He stated he is happy the park is being updated and the fields are going in. He stated he is a hobby bee keeper and would like to request that the Commission consider putting some wildflowers or something similar to help his bee's and others remain viable. Commissioner Miskoweic stated the corner not being used in the field plans would make a good place for those flowers. Mr. Haas stated he believes that area would be a location for some of those flowers and plants as well as they can probably put more in other locations, but noted they will know more in the spring once the grading is done and what will work best. Chair Stenzel asked what the Commission thinks about putting a trail around the fields as suggested in their packets. Commissioner Butler stated he thinks it is a great idea. He noted if it doesn't fit in the budget right now than they could add it to the plans now and construct it out at a later date. Commissioner Miskoweic asked if they are saving a substantial amount by waiting to create the trail now. Mr. Haas stated they will save some funds if they leave it in the plan and have it graded now even if they wait to pave it until a later date because it will save on the mobilization fees which are already covered in the contract for this other portion of the project. Regular Andover Park & Recreation Commission Meeting Minutes — November 3, 2016 Page 3 Commissioner Lindahl stated he thinks including the trail system in the plan now is a good idea and he stated he is happy they will have a lot of activity going on in those fields and he is hopeful it will hinder the vandalism issues they have over there. Commissioner Lindahl asked if they have some plants in mind for providing screening in the southeast corner. Mr. Haas stated Mr. Kytonen could look at the options for that area. Mr. Haas stated the first thing they need to do is approve a plan and grade the site before any new trees are planted. Motion by Lindahl, seconded by Marinello, to recommend approval of the proposed plan to the City Council with addition of a perimeter trail system, along with recommending an alternate bid for grading, paving and curbing of the parking lot. Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote. CONSIDER PURCHASE OF BLEACHER /16-12 /TIMBER TRAILS PARK BALL FIELD Mr. Haas explained that this item is in regard to the purchase of a bleacher for the Timber Trails Park ball field, which was just completed. He noted a bleacher is not a requirement but would be a nice amenity for those who prefer to watch the game from behind home plate. Mr. Haas presented the cost estimates to the Commission. Mr. Dean Polsfut, President of Andover Baseball Association, stated the new parks are great and everyone has enjoyed them. He stated the one thing many people have commented on is that they would love to see bleachers at the fields. He stated it is recommended that 3 rows go in at each field. Commissioner Miskoweic asked what the freight cost would be in addition to the cost listed. Mr. Haas stated around $200 per set of bleachers. Commissioner Marinello asked if the Baseball Association would be willing to contribute any money to this project. Mr. Polsfut stated they have a few other things in mind they think could be great additions to some of the stations as well so they would be open to having a broader discussion with the Commission to see if there is a joint plan that they could work on together and both contribute to. Chair Stenzel stated that is a good idea and stated they should table this item and set a workshop to discuss other items with the Baseball Association. It was the consensus of the Park and Recreation Commission to table this item and schedule a future workshop. 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 Admini FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Canvass Results/General Election DATE: November 15, 2016 INTRODUCTION Own The City Council is required to canvass the results of the General Election that was held Tuesday, November 8, 2016. ACTION REQUIRED The City Council is requested to adopt the resolution canvassing the results of the General Election. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: Resolution 2016 Election Results Abstract of Votes Cast In the Precincts of the City of Andover State of Minnesota at the STATE GENERAL ELECTION Held Tuesday, November 8, 2016 as compiled from the official returns. Abstract print version 15857, generated 11/10/2016 10:56:14 AM Summary of Totals City of Andover Tuesday, November 8, 2016 STATE GENERAL ELECTION Number of persons registered as of 7 a.m. 20181 Number of persons registered on Election Day 1870 Number of accepted regular, military, and overseas absentee ballots and mail ballots 3475 Number of federal office only absentee ballots 4 Number of presidential absentee ballots 0 Total number of persons voting 18527 Summary of Totals City of Andover Tuesday, November 8, 2016 STATE GENERAL ELECTION KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Andover) NP NP WI Ben Riechers Julie Trude WRITE-IN" 6900 9443 67 Council Member at Large (Andover) (Elect 2) NP NP NP WI Timothy A. Davis Sr. Michael Knight Sheri Bulddla WRITE-IN'" 4702 9548 9183 228 Abstract print version 15857, generated 11/10/2016 10:56:14 AM Page 1 of 6 Detail of Election Results City of Andover Tuesday, November 8, 2016 STATE GENERAL ELECTION Precinct Persons Registered Persons Registered Total Number of as of 7 A.M. on Election Day Persons Voting 02 0005: ANDOVER P-1 2199 189 2009 02 0010: ANDOVER P-2 2007 196 1870 02 0015: ANDOVER P-3 2327 241 2121 02 0020: ANDOVER P4 1827 177 1662 02 0025: ANDOVER P-5 2350 210 2189 02 0030: ANDOVER P-6 1727 147 1579 02 0035: ANDOVER P-7 1650 152 1507 02 0040: ANDOVER P-8 1881 153 1742 02 0045: ANDOVER P-9 1893 154 1773 02 0050: ANDOVER P-10 2320 251 2075 City of Andover Total: 20181 1870 18527 Page 2 of 6 Detail of Election Results City of Andover Tuesday, November 8, 2016 STATE GENERAL ELECTION Office Title: Mayor (Andover) Precinct NP NP NP VVI Michael Knight Sheri Bulddla Ben Riechers Julie Trude WRITE-IN"" 02 0005: ANDOVER P-1 767 992 4 02 0010: ANDOVER P-2 759 879 2 02 0015: ANDOVER P-3 835 1050 11 02 0020: ANDOVER P-4 662 831 2 02 0025: ANDOVER P-5 810 1098 13 02 0030: ANDOVER P-6 555 827 12 02 0035: ANDOVER P-7 586 749 7 02 0040: ANDOVER P-8 614 933 3 02 0045: ANDOVER P-9 664 928 6 02 0050: ANDOVER P-10 648 1156 7 Total: 6900 9443 67 Office Title: Council Member at Large (Andover) (Elect 2) Precinct 02 0005: ANDOVER P-1 02 0010: ANDOVER P-2 02 0015: ANDOVER P-3 02 0020: ANDOVER P-4 02 0025: ANDOVER P-5 02 0030: ANDOVER P-6 02 0035: ANDOVER P-7 02 0040: ANDOVER P-8 02 0045: ANDOVER P-9 NP NP NP WI Timothy A. Davis Sr. Michael Knight Sheri Bulddla WRITE-IN** 525 1070 971 16 475 993 946 20 521 1102 1092 31 436 920 844 16 541 1128 1053 34 450 780 748 26 397 697 757 20 457 896 839 12 383 941 901 15 Page 3 of 6 Detail of Election Results City of Andover Tuesday, November 8, 2016 STATE GENERAL ELECTION Office Title: Council Member at Large (Andover) (Elect 2) Precinct NP NP NP Timothy A. Davis Sr. Michael Knight Sheri Bulddla 02 0050: ANDOVER P-10 517 1021 1032 Total: 4702 9548 9183 Page 4 of 6 WI WRITE-IN" 38 228 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 8TH DAY OF NOVEMBER, 2016 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 81h day of November, 2016 and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor — Julie Trude (2 -year term) Councilmembers — Sheri Bukkila and Mike Knight (4 -year terms) BE IT FURTHER RESOLVED that no irregularities were noted. The summary of the voter results is hereby attached and made part of this resolution. Adopted by the City Council of the City of Andover this 15`h, day of November, 2016. Low"OWON 11611FAa0 Attest: Julie Trude — Mayor Michelle Harmer — Deputy City Clerk (2) 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 December EDA meeting DATE: November 15, 2016 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 6, 2016 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Introduction of Community Development Director 3. Approve EDA Insurance Limits 4. Review Development Activity 5. Redevelopment Updates 6. 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 December 6, 2016 City Council meeting. ctfully submitted, Ji Dickinson 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report November 15, 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. 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. itted, (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 Items for Pkovemher 15, 2016 City Council Meeting DATE: November 15, 2016 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Approval Application for Exempt Permit/Andover Girls High School Hockey Booster Club (Supplemental) -Administration Discussion Items Item # 14. Anoka County Sheriff's Office Monthly Report (Supplemental) — Sheriff Item #17. Interim Use Permit Amendment/Mining/Mark Smith (Supplemental) - Planning November 9, 2016 Draft P & Z Minutes & Resident Letters Staff Items Item #20. Canvass Results/General Election (Supplemental) — Administration submitted, I City Admini 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 Admini FROM: Michelle Hartner, Deputy City SUBJECT: Approval Application for Exempt Permit/Andover Girls High School Hockey Booster Club DATE: November 15, 2016 INTRODUCTION The Andover Girls High School Hockey Booster Club has submitted an application for a raffle at an event they are hosting on January 14, 2017 at the Andover Community Center, 15200 Hanson Boulevard NW. 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, L� Michelle Hartner Deputy City Clerk Attach: Application MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 9116 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application ❑ conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the ❑ awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGAN I ZATI ON I NFORMATI ON Or ar iz i n �T, j �/ Previous Gambling �/� j 6 �*,,., Name:C ��°S_l]53-!��Permit Number: 9- __�✓ �`��` W�✓�/ Minnesota Tax ID Federal Employer ID _ Number, if any: ______________________________________ Number (FEIN), if an Mailing A e� Address:{—{ --- ----MA) ----- allC---C-- �__ ---- _ , `L _ State: "A)__ Zip:",�`1 _ County: ___-111;40 _� -----------------------U—n—,i_ f� f�� Name of Chief Executive Officer (CEO): ------ 6l54&) l tLb 5"'� --- ----------- --------------------- I - ---- . . .. n i'% ^k Daytime Phone: ____ ________________ _ Email: ...... ..... —__ NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, asthey are not proof of nonprofit status.) �A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501 (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 toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) F-1 If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted } (/�•�� //�,, (for raffles, list the site where the drawing will take place):---_tdB�G;t2 Address (do not use P.O. box): IS ___ Pad �1_ 461-u3t------------------------- City Township: ___ �— --d�--—X7--�—_------------ Zip: — L9--3---- —1_--- County: ---- ----/4--'—W-- \-0`-- ------------- Date(s) of activity (for raffles, ► i 7 indicate the date of the drawing): "� I --------------- -------------------------------- --------------------- Check each type of gambling activity that your organization will conduct: ❑ Bingo ❑ Paddlewheels ❑ Pull -Tabs ❑Tipboards ®Raffle (total value of raffle prizes awarded for the calendar year: $__4a _----______) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/ gcb and click on Distributors under List of Licensees, or call 651-539-1900. LG220 Application for Exempt Permit 9/16 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in atownship ____ The application is acknowledged with no waiting period. ---- The application is acknowledged with no waiting period. ____ The application is acknowledged with a 30 -day waiting ---- The application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. ___ The application is denied. __The application is denied. Print City Name: _ Print County Name: ---------- __ Signature of City Personnel: Signature of County Personnel: ---------------------------------------------- Title:--------------------------- Date: ------------- ----------- ------------------------------------ Title:--------------------------- Date:-------------- to the information; individuals and agencies for TOW NSHI P (if required by the county) exception of your organization's name and On behalf of the township, I acknowledge that the organization determine your organization's qualifications and, is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or about your organization are available to Board deny an application, per Minn. Statutes, section 349.213.) submitting application to the members, Board staff whose work requires Gambling Control Board. Print Township Name: _________________________________ access to the information; Minnesota's Depart - Signature of Township Officer: ---------------- —____–___– This form will be made available in alternative format (i.e. large print, braille) upon request. Title: Date: CHI EF EXECUTI VE OFFI CER'S SI GNATURE ( required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and retur o the card wit i 3adkys of the event date. - -------- Chief Executive Officer's Signat re: ___ ___________________ Date: _1I-1��rem CE C's sla urcef d Print Name: 4.�---�ignatu---- ature; designee may not sign) REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: ❑ all gambling conducted on two or more consecutive days, ora – copy of your proof of nonprofit status, and ❑ all gambling conducted on one day. ____ application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An Equal Opportunity Employer CITY OF ANDOVER OCTOBER 2016 a44 ITE v2v.y46+ x'PY OciobeK°] 6Spt�mbel^ �' 4 Tuesday Wednesday Calls For Service * 1,321 1,317 12,330 NA* Burglaries 3 4 25 48 Thefts 36 39 326 389 Crim Sex Conduct 5 2 25 19 Assault 14 3 40 28 Drugs** - Citations - Arrests 14 17 101 79 7 7 8 9 44 53 -- Damage to Property 13 18 94 114 Harass Comm 6 5 31 46 Felony Arrests 4 8 52 48 Gross Misd Arrests 0 0 11 16 Misd Arrests 38 48 253 300 DUI Arrests 8 7 48 41*** Domestic Arrests 0 2 28 22 Warrant Arrests 5 4 86 69 Traffic Arrests 114 115 1,410 1,864 * Calls for Service are not available for 2015 "Addition of Drug item July 2015. DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 19:50 01:03 17:35 00:40 01:53 02:45 20:21 21:50 CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS OCTOBER 2016 W 3x, xiw 3 xre$a x.AINITM ein�er 1 Calls For Service 67 71 309 1,060 Accident Assist 5 10 90 73 Vehicle Lock Out 16 17 146 170 Extra Patrol 3 84 1,578 2,516 House Check 0 0 0 2 Business Check 0 0 34 66 Animal Complaints 16 16 219 270 Traffic Assist 1 3 41 49 Aids: Agency 9 16 317 447 Aids: Public 27 17 315 276 Paper Service 0 0 1 1 Inspections 0 0 1 7 Ordinance Violations 0 1 42 80 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 PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 912016 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 9, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. August 23, 2016 Commissioners Scott Hudson, Bert Koehler IV, Kyle Nemeth, Steve Peterson, and Jeff Sims. Timothy Cleven City Planner Stephanie Hanson Others Commissioner Nemeth requested the following corrections: - Page 4, Line 33, remove the asterisk - Page 5, Lines 1 and 40, Mr. "Simms," should be spelled with one "m." Motion by Nemeth, seconded by Hudson, to approve the minutes as corrected. Motion carried on a 4 -ayes, 0 -nays, 2 -present (Koehler and Peterson), 1 -absent (Cleven) vote. PUBLIC HEARING: Interim Use Permit Amendment — Mining —Andover Boulevard and Butternut Street NW— Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit (IUP) extension. Mark Smith has requested an extension of the original IUP with the expiration date of December 1, 2016 to December 31, 2017. On April 21, 2015, City Council approved an IUP to allow mining on the properties Mr. Smith owns at Andover Boulevard and Butternut Street. The materials will be transported and used for the residential development known as Catcher's Creek 2"d Addition. Materials will be used for soil corrections needed for the construction of streets, overall site grading and building pads. Regular Andover Planning and Zoning Commission Meeting Minutes—November 9, 2016 ®RAFT Page 2 1 Mr. Smith hoped to start hauling material to the Catcher's Creek 2"d Addition during the 2 month of November. The duration of the project will last no more than three weeks. 3 However, since it is the end of the hauling season and because of potential inclement 4 weather conditions, the hauling may not ensure the project can be completed in 2017, in 5 the event of unforeseen circumstances such as inclement weather, spring rains, road 6 restrictions, etc. 7 8 City staff reviewed the proposed IUP extension and has no issues with the request. The 9 overall project is being completed in two phases. The first phase is completed. The site 10 was restored in a timely fashion and Mr. Smith met the conditions of the resolution. 11 12 The Engineering Department completed a review of the proposed plan. As part of the 13 review process, the Engineering Department verifies that after the removal of the 14 materials, the final grade of the site will still allow for future development to occur. 15 16 A permit from the CCWD has been approved. Silt fence and seeding to establish 17 groundcover after project completion will be required through the CCWD permit. 18 19 The Interim Use Permit criteria were presented. City Planner Hanson reviewed the 20 proposed IUP with the Commission. The Planning and Zoning Commission was asked to 21 hold a public hearing, review the proposed Interim Use Permit extension and make a 22 recommendation to the City Council. 23 24 Commissioner Nemeth asked if the City had received any complaints from any of the 25 residents about issues such as dust. Ms. Hanson confirmed that they had in the past. Mr. 26 Berkowitz had indicated that Mr. Smith was very receptive, keeping the street sprayed 27 and working with the homeowners. Mr. Nemeth continued by asking why the deadline of 28 December 31, 2017. Ms. Hanson responded that it is unknown if it will be a late or early 29 spring, and this way Mr. Smith will be guaranteed a whole season to complete the work 30 and then he assumed that the City staff would need to inspect. 31 32 Commissioner Peterson asked if this was the project that when it originally came to the 33 Commission, that the neighbors complained about power washing their homes. Ms. 34 Hanson replied that yes, this was that same ongoing project. She stated that there was a 35 CUP originally on this site and there were issues at this site. With the IUP, the dust has 36 been controlled more and turf was established in a timely manner. 37 38 Chairman Daninger asked if this resolution mirrors the original one. Ms. Hanson replied, 39 yes, including the hours, dates and times. He also inquired if any staff issues delayed Mr. 40 Smith or why it had not been done. Ms. Hanson noted that there had been some issues 41 with the flood plain on the site, so he has been working with the CCWD and the City and 42 economic reasons. Ms. Hanson recalled that the original request was for 2017, but it was 43 changed to 2016. This recommendation came from the Planning and Zoning 44 Commission. She reconfirmed that this was a change from the applicant's request. 45 Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 3 1 Motion by Koehler, seconded by Peterson, to open the public hearing at 7:14 p.m. 2 Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. 3 4 Carmen Mohncamp, 140 NW Andover Boulevard, stated her property is right next to the 5 property where the dirt is located. She stated that if someone had driven past it, they 6 would see that there are now tall weeds there. She complained that the weeds come into 7 her yard and it is a lot of work to remove them. She asked about putting down the "blue 8 or green stuff." She also asked what time of the day Mr. Smith can haul dirt. 9 Commissioner Koehler replied 7 am — 6 pm with no hauling on the weekends. 10 11 Chairman Daninger stated that the staff hears the concerns of the residents and 12 complimented her expression of her concerns. 13 14 Arlene Elin, 137 Andover Boulevard, described her home as the one where the trucks 15 come out and turn. She stated that she had talked to Mr. Smith and she waited to see if 16 there was more hauling being done. For her the issue is not about progress, but rather 17 prolonging it. It took all summer the last time and Mr. Smith sent a street sweeper. She 18 said that she hired someone to come out and power wash the house because she gave up 19 trying to clean it herself. Because the power washing had to be done with chemicals, plus 20 traditional power washing, her home had to be repainted. She noted that the other 21 buildings that were not power washed with chemicals do not need paint. Her total cost 22 was $7,200. She noted that there was some hauling a couple of weeks ago and there was 23 nothing all summer. She said she would like to "get this behind us" and if it could be 24 done in 2-3 weeks. The field that was talked about she believed never got done [planted 25 with seed] or was not done right. She stated she did not have a problem with the 26 development itself. She also believes that homeowners should be able to work directly 27 with Mr. Smith on concerns and that she was not there to represent others. She stated 28 that she knows one neighbor who had family members power wash her house for her. In 29 conclusion, Ms. Elin indicated that she appreciated the Commissioners listening to her. 30 31 Chairman Daninger commended Ms. Elin on her presentation and for being clear and 32 concise. 33 34 Mark Smith, 2120 Otter Lake Drive, Lino Lakes, developer, came to the podium for 35 questions. 36 37 Commissioner Koehler stated that he had heard that Mr. Smith had been talking to the 38 neighbors and thanked him for spraying the roads. 39 40 Mr. Smith stated that there are two areas, the one on the east side of Butternut was seeded 41 and mulched with hay and wet down. He noted that there was a lot of rain this year. The 42 area next to Mrs. Mohncamp's property was never touched. It is just the original field as 43 it was. He said that they may take some soil in the future from that location, but not thus 44 far. They have worked to control dust by using magnesium chloride and by controlling 45 the route. Regular Andover Planning and Zoning Commission Meeting Minutes—November 9, 2016 ,SFT Page 4 2 Commissioner Koehler stated that he thought the timing would end at the end of 3 December 2016. Mr. Smith responded by explaining that there was an easement 4 discussion related to the right-of-way that caused a three-month delay. That was 5 approved just now and the season is coming to an end this year. In spring, they must wait 6 for road restrictions to come off, which is around May 15. Areas must be dry to dig dirt, 7 a wet spring could delay the work and then they have to wait for the timing of the subs 8 and the timing of their work. 9 10 Commissioner Koehler reiterated that the project was tied up with the weather, and it was 11 now coming into winter, and asked clarification as to why the deadline would be the end 12 of December of next year. Mr. Smith said that this had been an unusual year and that the 13 job will require three weeks of hauling and two weeks of preparation. He is worried that 14 there will not be the five to six weeks needed yet this year and that this year it was wet all 15 summer. He further stated that companies do not want to leave their equipment at a site 16 all winter. 17 18 Commissioner Koehler wondered why they were pushing for a date of December 3, 2017 19 if this year is the nicest it is going to get. Mr. Smith replied that if the watershed issue 20 had not stalled the work, the work could have gone until December 1 and if they had 21 started the work three to four weeks ago, they could have completed it. 22 23 Commissioner Nemeth stated that he agreed with Commissioner Koehler, and that 24 December 3, 2017 felt a little long. He said that he felt for the residents that have had to 25 endure the trucks going down the street and that he agreed with Ms. Elin. He 26 acknowledged that weather is an issue and encouraged Mr. Smith to get the work done in 27 a short period of time and to continue to work with the neighbors. He concluded by 28 saying that the City needs the lots, but that it is important to be good to the neighbors and 29 keep the dust down as much as you can and that he might prefer to shorten it up the 30 length of time. 31 32 Commissioner Hudson asked if it was a four to five-week project. Mr. Smith confirmed 33 that it is a short-term project and that it was a four to five-week project if all goes well. 34 35 Chairman Daninger commented that "we cannot always fix everything at the right time." 36 There were not weeds because the contractor planted it and the dirt was not disturbed by 37 the project. He suggested that a lawn mower might fix that, and clarified that was a 38 statement, not a motion. He postulated, "Can we just make this for two months?" And 39 asked if Mr. Smith was hauling based on when the lots are sold. Mr. Smith stated he was 40 not. 41 42 Chairman Daninger asked if the only reason to stop would be due to weather. Mr. Smith 43 stated that once the equipment is there he has to pay for it. Chairman Daninger stated 44 that he was clear on the start and finish. 45 Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — November 9, 2016 r Page 5 1 Ms. Hanson noted that the materials will be brought to the Catcher's Creek 2"d Addition 2 The plat has not been finalized. 3 4 Chairman Daninger reiterated that "once you say good to go, that is it." 5 6 Mr. Smith noted there will be a plat for the Butternut Street properties as well and there 7 will still be excess dirt probably and then the developer will need to come back to the 8 Commission again. 9 10 Ms. Mohnkamp said that she would like to ask Mr. Smith how much he is going to take 11 off of the dirt right next to her property, which she said was 20 feet from her house. She 12 asked about the huge equipment and if it would rattle her house and if it could crack the 13 foundation. Ms. Hanson replied that 57,000 cubic yards is what is being asked to be 14 approved. Ms. Mohnkamp stated that it is going to be really loud and asked if he could 15 put up a silt fence. Ms. Hanson confirmed a silt fence is a requirement of the permit. 16 17 Ms. Elin asked how the soil would be prepared when the dirt movement is done. Ms. 18 Hanson confirmed that it is a requirement to seed and restore. 19 20 Motion by Nemeth, seconded by Sims, to close the public hearing at 7:42 p.m. Motion 21 carried on a 6 -ayes, 0 -nays, 0 -absent vote. 22 23 Commissioner Daninger asked if there were questions of Commissioners and staff. 24 25 Commissioner Nemeth asked about the December 31, 2017 date. 26 27 Commissioner Koehler reiterated that Mr. Smith wants this done as soon as possible 28 because he cannot sell the homes without the grading being done. The project is four to 29 five weeks, but could be longer due to weather. His concern is that he does not want this 30 work done in the neighborhood during the holiday season. He expressed concern about 31 the permitting process being day driven, not timeline driven and that this does not mean 32 he is working the whole time. He wondered if there might be a creative way to give the 33 time Mr. Smith needs, that gives homeowners a window and is still flexible. 34 35 Commissioner Hudson said that his thought process is similar with two months to do the 36 work. He would like the developer to pick a start date and finish and that he was not so 37 concerned about what date. 38 39 Ms. Hanson stated that in the past we have not given a two-month permit. If there were 40 extenuating circumstances, there would need to be public hearings to extend the IUP. 41 42 Commissioner Koehler asked if it could be defined further. 43 Regular Andover Planning and Zoning Commission Meeting Minutes — November 9, 2016 Page 6 1 Commissioner Peterson asked if one of the conditions would be that work will stop eight 2 to ten weeks after the start of hauling. Ms. Hanson stated that the Commission could 3 make that recommendation as part of the resolution. 4 5 Commissioner Sims expressed concerns if Mr. Smith would run into a problem, he would 6 have to come back and ask for an extension. He also asked if the neighbors could be 7 notified. 8 9 Commissioner Peterson confirmed that it was clear that all parties want to get it done, but to it is more about notification than when it is going to take place. 11 12 Commissioner Sims stated that the neighbors could plan accordingly if notification was 13 given. 14 15 A resident spoke from the audience. 16 17 Commissioner Daninger confirmed that this is a public notification and a public hearing. 18 The residents have been notified that this is what this hearing is for. His concern was that 19 the notification has a big window. 20 21 Mr. Smith stated that the dirt is going to a plat being worked on by staff. That 22 preconstruction meeting could be that notice and that he is happy to notify. 23 24 Commissioner Daninger said he would like to be able to start the clock and say 8 weeks, 25 but there is no way to know when that will happen and that he did not know if anything 26 could be done in the resolution. He expressed not wanting to hinder the applicant. 27 28 Commissioner Nemeth stated that he agreed and his slight hesitation was not wanting to 29 "box him into 8 weeks and then we get a lot of rain." He does not want the applicant to 30 have to come back to the Commission. He would like some leeway, but does not want 31 the project drawn out for 12-15 weeks. It needs to be expedient as much as possible. He 32 encouraged the residents to contact staff with any concerns wanting to balance the desire 33 for new lots with care for current residents. 34 35 Commissioner Koehler said that he was hesitant to say eight weeks arbitrarily, as we 36 have not put the tool in place to know how to do this as a time block. He suggested 37 looking as a Commission at this process in the future, the principle being, once this 38 project starts, the applicant must work steadily toward completion, barring an act of God. 39 40 Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of 41 the resolution. Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. The 42 resolution was modified and the staff was asked to help with the wording: 43 5. The end date would be November 30, 2017. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — November 9, 2016 Page 7 1 11. Once the project starts, the intention would be to continue the work, 2 uninterrupted, per terms of resolution until finished, barring unforeseen 3 circumstances. 4 5 City Planner Hanson stated that this item would be before the Council at the November 6 15, 2016 City Council meeting. 7 8 OTHER BUSINESS. 9 to City Planner Hanson updated the Planning & Zoning Commission on related items. 11 12 On August 23, the City Council did approve with condition, the Preserve at Oak View. 13 The final plat was approved on October 4. The streets are in now and looks good. 14 15 The final plat for the Gray Oaks 4th Addition was approved. There have issued 6 building 16 permits already. 17 18 The Estates of Arbor Oaks are under construction, open July 2017. 19 20 The ReMax building certificate of occupancy will be issued in the next week. December 21 15 will be the Grand Opening. 22 23 Andover Vet hospital certificate of occupancy will happen soon. They are bringing in 24 equipment now. 25 26 The certificate of occupancy for the AT & T store has been issued. 27 28 There have been 103 building permits issued so far this year. 29 3o The City received a $32,000 planning assistance grant. The funds will be used to update 31 the Comprehensive Plan. The update will begin in February 2017. Most of the funds will 32 be used to hire a consultant for the Transportation Plan. 33 34 Planning and Zoning Commission terms are up at the end of January 2017. Applications 35 are due December 9. 36 37 Chairman Daninger stated that residents who are interested in being active in the City 38 could be involved in the Commissions. 39 40 Commissioner Nemeth asked how many lots are remaining in inventory in the City. Ms. 41 Hanson stated that she does not know the current count and could come back to the 42 Commission with that information. 43 44 Commissioner Nemeth asked about the hiring of a new Community Development 45 Director. Ms. Hanson said an announcement had not been made yet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Regular Andover Planning and Zoning Commission Meeting DRAFT� Minutes — November 9, 2016 Page 8 Ms. Hanson stated that the Commission may have a work session in December with a preliminary plat to review as well as a CUP. Ms. Hanson confirmed that Speck consulting was the firm selected to update the transportation plan. ADJOURNMENT. Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. Stephanie Hanson From: James Dickinson Sent: Monday, November 14, 2016 10:09 AM To: City Council; Stephanie Hanson; Dave Berkowitz Subject: Fwd: Please share with the council Thank you Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Julie Trude <j.trude e,andovermn. ov> Date: 11/14/16 9:25 AM (GMT -06:00) To: James Dickinson <J.Dickinsongandovermn,gov> Subject: Fwd: Please share with the council Thank you Forwarding as requested. Julie Trude Mayor i . trude (at.andovermn. aov 763-862-2499 Sent from iPhone ---------- Forwarded message ---------- From: "beam howard(a),comcastxet" <beam_howard e,comcast.net> Date: Mon, Nov 14, 2016 at 12:01 AM -0600 Subject: Please share with the council Thank you To: "Julie Trude" <j.trude ,andovermn.gov> Andover City Council 1685 Crosstown Blvd. NW Andover MN As a 44 year resident at 121 Andover Blvd. NW, living directly across from the proposed soil removal site, I have the same concerns that were not resolved last time -- with a few additions. (1) To begin with, the site in question was totally cleared of all trees and brush several years ago. Nothing was done to prevent the soil from blowing across the street. Now, with the new proposal, unless some changes are made, when digging begins and the trucks arrive, we'll be subjected to more polluted air! I feel that this has caused health problems for myself and my late husband. My suggestion for a possible solution would be to require that a water truck be on site every day to keep the soil moist. Wet sand will not blow. Has the EPA been involved? (2) Another concern I have is that there seems to be limited oversight of the project. Example: Recently soil was being removed for one and one half days and no one seemed to be aware. (3) In addition, my newest concern includes a requirement for the creation of a natural buffer zone between existing property and the new development in order to create a more aesthetically appealing community and to provide some privacy. This would have to be more than a single row of 5 ft. pines. (4) Can we be assured that the removal of these 58,000 cubic yards of materials will be the end of either hauling in or out of any other materials? In other words will this be the END ? Thank you for considering possible solutions to the above worries and concerns. Shirley Beam 121 Andover Blvd NW I have the same concern as last time soil was removed, `'-ovemberl2.2016 Arlene Elin 137 Andover Blvd. N.W. Andover, Minnesota 55304 Mark Smith 2120 Otterlake Drive Lino Lakes, Minnesota 55110 Dear Mr. Smith. This letter is a follow up response to my letter on April 14,2015, requesting reimbursement for damages to my property, from your hauling and of dirt. I previously explained, a considerable amount of dirt coming from large dump trucks hauling, and dirt being blown onto my property, caused much damage. Not only to my property, but to other neighbors, as well. Last spring, I had my home and deck power washed, due to the dirt. As a result of the power washing and cleaning, many areas of paint came off. it was too many areas, to only spot touch up and paint. I was then forced to repaint the house and re -stain the deck. I asked you after last year's City Council meeting to reimburse me for power washing my home, deck, window washing, and to have the furnace and ducts cleaned, once all hauling was complete. At this time, I have completely repainted the house and had the deck redone. 1 have NOT power washed my 3 other outbuildings, one of which is a two-story gable building. I didn't do those at the same time, (as I normally would have done), as I feared the paint would be removed, as what happened on my home, and causing additional expense. The total cost of repairs [thus farj has been $7470.00. The breakdown is as follows: - House: power wash with cleaners $ 875.00 - Cedar Deck: power wash $ 545.00 - Window and screen wash $ 200.00 TOTAL WASHING $ 1620.00 - Total paint and stain of house/deck $ 5850.00 TOTAL COST TO DATE $ 7470.00 At present, I am requesting the cost of power washing / window washing [thus far] $1620.00(not including 3 out buildings and cement driveway, and the interior ducts and vents cleaned). I had about another 3-4 years on the cedar siding, before it would have needed to be painted. I just previously, cleaned and re -stained the deck, the year prior. I have painted the entire property three times, since I purchased my home. At this time, I am requesting additional consideration towards the cost of painting and staining. I fully understand depreciated costs. I'm in no way requesting total compensation. I feel 30% of that cost would be more than reasonable. ($5850.00 x30% _ $1755.00). 1 plan on requesting consideration of additional costs ONCE the hauling of dirt is completed and the field is covered and prepared, to prevent further erosion and dirt blowing across Andover Blvd., towards my home. Please respond to me in writing and at the future City of Andover council meeting, this coming Tuesday, November 15,2016. Please see attached receipts for major work completed. Respectfully submitted, Sincerely, Arlene Elin 137 Andover Blvd. NW Attachments:3 pages ACEM painting Cc. City of Andover City Council Planning and Zoning commission Stephanie L. Hanson, City Planner ACEM Painting 6617 Highland Hills Lane Cottage Grove, MN 55016 Phone: (651) 276-1559 E -mall: aeempaindng@hotmaN.eom Arlene elin 137 Andorver Blvd N. W. Andover, MN Phone: 612-723-7857 Email: arleneelinAgmall.com Date: 3/7/2016 Revised: 4/30/2016 In regards to: Exterior painting At above address Invoice * 2016-14 Description: Deck wash end stain ass All work to be completed to satisfation. Amount Powerwash and clean all deck surfaces of cedar. steps, railings, trim and posts, except black spindles. Power wash and clean, prepare all surfaces as much as posseble to original cedar wood. Use wood cleaner at homeowner's expense. To remove stain as needed. If not clean W ,or9gin4 WAW C010r, hQMWWW and I to discuss .sanOM At a(Atonal avast. S 495= chemical deck treatment to remove stain from deck and labor. $ 50.00 Apply Clear coat/Stain to be selected by Me and approve by homeowner. Apply first coat during 'spring/summer. Apply second coat after preparation in the fall 2016, in areas if needed. Contractor to provide all materials needed for clear coat1staning. $ 1,075.00 Powerwash all around the home wood sinding and user cleaners if needed. Minor touch up paint of body and trim of house, if needed after power wash. If extensive paint removal after power washing of house, additional cost to be discuss with homeowner. Use heavy duty cleaner if needed after power washing of house. If truck hauling create more dirt on sinding of house, contractor will power wash again in late fall 2016. $ 850.00 chemicM Jmatment to disolve the dirt and use lass wafer through the power wash. 25.00 West side of house: scrape, sand, prime and caulk as needed. Paint trim and body ekbopt Paint by using roller and brush. Paint provided by contractor. $ 875.00 P• '%wte w i -N- SSPa-Ce'=l— A11: e.tov ELf-ek- 66-)Cev -p �iatib� is 50. Includes: paint and materials, except where mention (homeowner to provide paint). and quality materials, mask and cover. Total Make check payable to ACEM Painting. Thank you for your businessl $ --3; ay .s ac �— s.y-l6 000iy'.�15/�l V� �aaV J-�►Vya3 �lao� �G �� ����, ACEM Painting 6617 Highland Hills Lane Cottage Grove, MN 55016 Phone: (651) 276-1559 E-mail: acempainting@hotmail.com Arlene elan 137 Andorver Blvd N. W. Andover, MN Phone: 612-723-7857 Email: sheneefin(bamsi Date: 3/7/2016 Revised: 5/21/2016 In regards to: Exterior painting At above address Invoice # 2016-14 Description: Amount Deck wash and stainipaint All work to be completed to satisfation. Powerwash and clean all deck surfaces of cedar steps, railings, trim and posts, except black spindles. Power wash and clean, prepare all surfaces as much as posseble to original cedar wood. Use wood cleaner at homeowner's expense. To remove stain as needed, If not clean to original wood color, homeowner and I to discuss sanding at additonal cost. $ 495.00 chemical deck treatment to remove stain from deck and labor. $ 50.00 Apply Clear coat/Stain to be selected by Me and approve by homeowner. Apply first coat during spring/summer. Apply second coat after preparation in the fall 2016, in areas If needed. Contractor to provide all materials needed for clear cost/staning. $ 1,075.00 Powerwash all around the home wood sinding and user cleaners if needed. Minor touch up paint of body and trim of house, if needed,after power wash.. If extensive paint removal after power washing of house, additional cost to be discuss with homeowner. Use heavy duty cleaner If needed after power washing of house. If truck hauling create more dirt on sinding of house, contractor will power wash again In late fall 2016. $ 850.00 chemical treatment to disolve the dirt and use less water through the power wash. $ 25.00 West side of house: scrape, sand, prime and caulk as needed. Paint trim and body except blocks. Paint by using roller and brush. Paint provided by contractor. $ 875.00 additional priming material and labor. $ 50.00 Includes: paint and materials, except where mention (homeowner to provide paint). and quality materials, mask and cover. Total Paid In full 5-20-16 Make check payable to ACEM Painting. Thank you for your businessl $ 3,420.00 sad Uj%j rri 3' v,n s. M �,G�- S C©log' - C -0l I 3 5Wa' C a� `oo-D-------------- ` to a� DO �I gG,d �o 41 DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US r TO: Mayor and City Council CC: Jim Dickinson, City Administrator ' FROM: Michelle Hartner, Deputy City Clerk t SUBJECT: Canvass Results/General Election (Supplemental) DATE: November 15, 2016 DISCUSSION Attached are the write-in tally sheets for each Andover precinct for the General Election. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Tally Sheets City: Precinct: WRITE -1N TALLY SHEET General Election November S, 2016 Election &, CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only CITY/TOWNSHIP Office Candidate Name ` Tally (Hash Marks) - Total Votes for - Candidate u _ O u oci I m evrh-e r i i �- 6 - M e I I 6 ✓ ( tm bCi?- o L Me - b - "s I I 1 r I m to bcr+ ► 1 Louczn be r ilk l a Re.%1 w I 0 -e -K C(_re,n Jai I 'r- I I I IBCA eVC�S 1 Cwfce 3J ►�-� ire e n > 1 ernbe-r MGJr1� . 6 r iff MeA bV_aCh-hWe I C0 I �V��� I k I �( � ✓� Lem MCC (y). W ro Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only City: Aw 6\e(2 - Precinct: oS Election Judge: � 04�_ Election Judge: CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) WRITE-IN TALLY SHEET General Election November 8, 2016 * if your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only P -X CITY/TOWNSHIP Office Candidate Name Tally " Total votesfor ,(Hash Marks) Candidate Attach Additional Sheets if Needed City: Precinct: WRITE-IN TALLY SHEET General Election November 8, 2016 Election Judge: ElectionJudge: "-11." CITY/TOWNSHIP OFFICES. (Count ALL Write -In Candidates*) INISHIF OfflCe Candidate Na'me— Tally (Hash Total Votes for kaxil F: V-,, +C'n Ing"W A- a &L K' L& / A- M qzs� ox- L-1 sa ry) c7v act n I :�7ack. 0�"Ae_'JIL YbEM60- C y I c) O_DMAO�_k yyy_�M 6e,4,- yw m ber t A- J'kA Ltst�� I P ey-C, 0 k6- 6 r6,h E. C se 146M I _ee_ uyuj &i,L 6 14 M o ra e -K LA C V— e if I^n �, 0.Vi-e_s L4_ Continue on Reversei * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only P3 CITY/TOWNSHIP Office Candidate Name Tally (Hash Marks) Total Votes for Candidate' nq rn E& r-i-er C K i rich (. 1 evw les lAch J j l lace me ! lace. I l &hLVr Cr 5 107dOi Or) . --I 6 � )be -V- 75 I car t+- i C rvle- M � G1 e v1 +N h � P.. Iacv-2{f2 t I lamer o-th),e P. e l+e I M �J6neS I 1 c.c:( d3v,-i cL-v) 136vec I I A i .vi lc x cG-.SGY-) Attach Additional Sheets if Needed City: i I Iy [1 V pa. Precinct: Election Judge-- Election Judge: CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) WRITE-IN TALLY SHEET General Election November 8, 2016 ;CITY /TOWNSHIP Office Candidate Name ` Tally (Hash Marks) Total Votesfo'r Carid�date" i Pcv - 0, a-VdovN k.L I I Q n (C in vVjewtb 6OUCr i 6) ax'd ne l s ch lc tk- (I ;-- tMACA L.-fX er4 r O mer I - Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only City: A/V . Precinct: 5 Election Judge Election Judge CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) WRITE-IN TALLY SHEET General Election November 8, 2016 111 _ rnA ,V, n e D Mf M. I (GJ -P _�d e_ k n u 1 1 1 .. 1 1 * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only AA6WIi1 3 �YlOLA IAvti- flea e C ✓r 1 Qj--)cjii M a. k;ehyyiI I a 01 &J -e- f% -C� aAACY ► tl p ck�m ► l MAcA �rn b JO 1 n (-..n ►YVj-nbtX cJ M1+0)e_11 C � 1 I Ci MiChae� Q Ve 11 %ILkyvm Je. I olu'l R �� C -O Thl� I C,moi✓ l al e Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only PL) CITY/TOWNSHIP Office Candidate Name Tally Hash Marks Total votes for Candid'ate',' I.t m4b- ClcS i C ;teeAc, Wy ILA\1 I qI 1 tN b6Lto as I Lo ttn c.iL ►Nl, abt*,, I v e Sj I1 l -&v rad � Se x r✓ I 1 Py Lu e- i C a revKbt)l- 6n, el( -SOYA l av e - -T-() 11 e e I� cS he,�I 73ui(.., 11 Ked ,-�l k e- ss vy� i Attach Additional Sheets if Needed City: A-- _-�2_ WRITE -;IN TALLY SHEET General Election Precinct: November 8, 2016 Election Jud e: �q Election Judge: Qaa'e. CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only 'tmba- ►Moe ct'�L yYV_r141)er L C I C- uwn emr V,r s 'I M a+h n doe r -r-. � G,� O �soF M Picjrgr)-d U iVla.4 4 t.O-v �l(1'\ X72 V 1 Y15 S U �� 2, C� �-s e V-) cam' C—m A 1A A a VIAO✓IA4W k Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only QTY/TOWNSHIP Office Candidate Name Tally (Hash Marks) Total Votes for Candidate' Cc�uuG;�� er �k=t 1 t 6LA f q t i 40 t4— e JF4-�l?� MAA&,u `T'a iti, Pe r 14-; rL5 �� ► I I C"amul niew►bt'r i I Q- e,LL ry, 66r 0br, rvl c,✓ rn + e ew�k-ma L +e fmb �' ► n/L 0,,4wI 1 C,U)A�LJI 114 I- cats u.� t5k�er I 1 Attach Additional Sheets if Needed City:�— Precinct: WRITE -41\1 TALLY SHEET General Election November 8, 2016 Election Judge�� @ l�'� Election Judge: &, t VVV CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) I b-eA-- arp a kattl iSMAI I ewe -er 6sc i I P,m Tohn M(,L" rs-i-o_c, l Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only PI Tally Total Votes for CITY/TOWNSHIP Office Candidate Name (Ha0nnasks) Cand+date e,�L< o ( 141AAL I On o Ari Q. rvw oiv, L/I o ve Ohl a f Oo vr-1 b Attach Additional Sheets if Needed City: Precinct: k Election Judge: Election Judge: CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) WRITE-IN TALLY SHEET General Election November 8, 2016 CITY/TOWNSHIPOffice Candidate Name: Tally: (Hash"Marks) Total Votes _ Candidate -- „ C,c.Q. rn rn bei IW �e� � 1-a.rr l I J_(9h n Cro VO i o l of Ccs 6W k M' Cade, ber Lo uA rnt +- n nHMSOYL - w cl n Levi I YVl uv�t I - o OVIVX CtL Mt (ter KOAAI Continue on Reverse * If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only City: U 6V Q= Precinct: 19 WRITE-IN TALLY SHEET General Election November S, 2016 Election Judgeq.(-p � � Election Judge: uy� CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) *If your city is a charter city and you have adopted a charter amendment requiring registration of write-in candidates, count votes for registered write-in candidates only City: WRITE-IN TALLY SHEET General Election Precinct: v November 8, 2016 CITY/TOWNSHIP OFFICES (Count ALL Write -In Candidates*) ma.wr f f 11 1a,UOV, Ian. 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