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HomeMy WebLinkAboutWK - January 23, 20181 k *6 3 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV City Council Workshop Tuesday, January 23, 2018 Conference Rooms A & B Call to Order — 6:00 p.m. • (763) 755-5100 2. City Code Amendment Discussions—AdministrationlPlanning/Engineering a. Right -of -Way Management b. Accessory Structures/Portable Storage Units c. Ultimate Fighting d. Religious Land Use e. Gambling City Campus Master Plan Update Discussions—Administration/Engineering 4. Crosstown Boulevard NW Overlay Update/17-44 - Engineering 2017 Budget Progress Reports - Administration 6. 2017 City Investments Review -Administration 7. Other Business Adjournment NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: Mayor and Councilmembers Jim Dickinson, City Administrator Dave Berkowitz, Director of Public Works / City Engineer �3 Todd J. Haas, Assistant Public Works Director/Parks Coordinator F, Discussion: Right -of -Way Ordinance including Small Wireless Facility Language DATE: January 23, 2018 DISCUSSION The attached draft Right -of -Way Ordinance has been revised from the original Right -of -Way Ordinance that was adopted in 2000. The current code is outdated and legislative changes has prompted staff to update the current code. The language proposed is consistent with the League of Minnesota Cities Model Ordinance. A Right -of -Way Ordinance is needed to regulate the public right of ways by providers of telecommunication services, public utility services and the like, in a fair, efficient, competitively neutral and substantially uniform manner. Due to legislative changes for small wireless facility language has been incorporated in the draft ordinance and follows the League of Minnesota Cities model. ACTION REOUIRED Staff requests the City Council review and discuss the draft ordinance and provide direction to staff. Respectfully Submitted, Todd J. Haas Attachments: Draft Right -of -Way Ordinance Changes ORDINANCE NO. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT- OF-WAY PERMITS. THE CITY COUNCIL OF THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA ORDAINS: Title 8 Chapter 2 of the Code of Ordinances is hereby repealed in its entirety, and is replaced by the following new Chapter 1 to read as follows: Chapter 1 8-2-1: Findings, Purpose, and Intent 8-2-2: Election to Manage the Public Right -of -Way 8-2-3: Definitions 8-2-4: Administration 8-2-5: Utility Coordination Committee 8-2-6: Registration and Right-of-way Occupancy 8-2-7: Registration Information 8-2-8: Reporting Obligations 8-2-9: Permit Requirement 8-2-10: Permit Application 8-2-11: Issuance of Permit; Conditions 8-2-12: Action on Small Wireless Facility Permit Applications 8-2-13: Permit Fees as Identified in the Fee Schedule 8-2-14: Right -of -Way Patching and Restoration 8-2-15: Joint Applications 8-2-16: Supplementary Applications 8-2-17: Other Obligations 8-2-18: Denial or Revocation of Permit 8-2-19: Installation Requirements 8-2-20: Inspection 8-2-21: Work Done Without a Permit 8-2-22: Supplementary Notification 8-2-23: Revocation of Permit 8-2-24: Mapping Data 8-2-25: Location and Relocation of Facilities 8-2-26: Pre -Excavation Facilities Location 8-2-27: Damage to Other Facilities 8-2-28: Right -of -Way Vacation 504123VVS105-3 8-2-29: Indemnification and Liability 8-2-30: Abandoned and Unusable Facilities 8-2-31: Appeal 8-2-32: Reservation of Regulatory and Police Powers 8-2-33: Severability Right -of -Way Management See. 1.01. Finding Purpose, and ,.._ = Sec. 8-2-1. FINDINGS, PURPOSE, AND INTENT: To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City of Andover hereby enacts this new chapter of this code relating to right-of- way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of the City and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 —7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. See. 1.02. E.,eetion to n,r,...age the Publie Rights ,.r.: ay Sec. 8-2-2. ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY: Pursuant to the authority granted to the City under state and federal statutory, administrative and common law, the City hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction. See. 1.03. Definition. Sec. 8-2-3. DEFINITIONS: The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. 504123vVS105-3 Applicant. Any person requesting permission to excavate or obstruct a right-of-way. City. The City of Andover, Minnesota. For purposes of section 4.8 8-2-29, City also means the City's elected officials, officers, employees and agents. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City or other governmental unit. Commission. The State Public Utilities Commission. Congested Right -of -Way. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length in excess of 500 feet. Construction Performance Bond. Any of the following forms of security provided at permittee's option: • Individual project bond; • Cash deposit; • Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3; • Letter of Credit, in a form acceptable to the City; • Self-insurance, in a form acceptable to the City; • A blanket bond for projects within the City, or other form of construction bond, for a time specified and in a form acceptable to the City. Degradation. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee. The estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department. The department of public works of the City. Director. The director of the department of public works of the City, or her or his designee. Delay Penalty. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. 504123vVS105-3 Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-of-way. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee. Money paid to the City by an Applicant to cover the costs as provided in Section 42. 8-2-13. Facility or Facilities. Any tangible asset in the right-of-way required to provide Utility Service. Five-year project plan. Shows projects adopted by the City for construction within the next five years. High Density Corridor. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole. An excavation in the pavement, with the excavation having a length less than the width of the pavement. Local Representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. Management Costs. The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right- of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of- way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third -party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the City, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, 504123vVS105-3 or the City fees and costs related to appeals taken pursuant to Section 4.40 8-2-31 of this chapter. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction Permit Fee. Money paid to the City by a permittee to cover the costs as provided in Section 8-2-13. Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five-year project plan. Pavement. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this chapter. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Probation. The status of a person that has not complied with the conditions of this chapter. Probationary Period. One year from the date that a person has been notified in writing that they have been put on probation. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration Cost. The amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission 504123vVS105-3 rules. Public Right -of -Way or Right -of -Way. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. Right -of -Way Permit. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. Right -of -Way User. (1) A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility in the right- of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Service or Utility Service. Includes (1) those services provided by a public utility as defined in Minn. Stat. 21613.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the City; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral. An underground facility that is used to transmit, distribute or furnish 'gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Small Wireless Facility. A wireless facility that meets both of the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and ii all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Supplementary Application. An application made to excavate or obstruct more of the right- of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature Wilt VAIM111753 except when the replacement is of pavement included in the City's two-year plan, in which case it is considered full restoration. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunications right-of-way user. A person owning or controlling a facility in the right- of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 21613.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. Two Year Project Plan. Shows projects adopted by the City for construction within the next two years. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electric service. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. Wireless Support Structure. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. See. 1.04 . Sec. 8-2-4 ADMINISTRATION: The Director is the principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. See. 1.05. Utility Coordination Committee. Sec. 8-2-5. UTILITY COORDINATION COMMITTEE: 504123vVS105-3 The City may create an advisory utility coordination committee. Participation on the committee is voluntary. It will be composed of any registrants that wish to assist the City in obtaining information and, by making recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The City may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the City. See. 1.06. Regi..trat:,.. and Right of Way n ................. See. 8-2-6. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: Subd. 1. A. Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information Subd. : B. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right- of-way without first being registered with the City. Subd I C. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of- way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 2161), Gopher One Call Law. See i n7 Registration Information; See. 8-2-7. REGISTRATION INFORMAITON: 8*bd4.rA. Information Required. The information provided to the City at the time of registration shall include, but not be limited to: (a4 1. Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (b) 2. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (e) 3. A certificate of insurance or self-insurance: (4) a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the City; (2) b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from 504123vVS105-3 completed operations, damage of underground facilities and collapse of property; (3) c. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) d. Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (5) e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the City in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter. (6) f. The City may require a copy of the actual insurance policies. (7) g. If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. (S) h. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval ^2 from said commission or other state or federal agency. Subd. 2. B. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Obligations.See. 1.08. Reporting See. 8-2-8. REPORTING OBLIGATIONS: SuHd A. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: (a)1. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next -year project"); and (l) 2. To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a "five-year project"). The term "project" in this section shall include both next -year projects and five-year projects. By January 1 of each year, the City will have available for inspection in the City's office a composite list of all projects of which the City has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next -year projects, and must notify the City and all other registrants of all such changes in said list. 504123vVS105-3 Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another registrant listed by the other registrant. Sum B. Additional Next -Year Projects. Notwithstanding the foregoing, the City will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. See. 1.09. n„_.„:t n,.,...: —t, See. 8-2-9. PERMIT REQUIREMENT: Subdue A. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the City to do so. (a) 1. Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) 2. Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (e) 3. Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Subd. 2 B. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. C. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this Section, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City council resolution as identified in the Fee Schedule. Subd:4. D. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. See. 1.10. Permit A ppli .Mains. See. 8-2-10. PERMIT APPLICATIONS: Application for a permit is made to the City. Right-of-way permit applications shall contain, and WMIKAW111FLt] will be considered complete only upon compliance with, the requirements of the following provisions: (a) 1. Registration with the City pursuant to this chapter; (b) 2. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c) 3. Payment of money due for the following items is at the City's discretion and as identified in the Fee Schedule: (1) a. permit fees, estimated restoration costs and other management costs; (2-) b. prior obstructions or excavations; (-3) c. any undisputed loss, damage, or expense suffered by the City because of Applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; (4) d. franchise fees or other charges, if applicable. (d) 4. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (e) 5. Posting an additional or larger construction performance bond for additional facilities when Applicant requests an excavation permit to install additional facilities and the City deems the existing construction performance bond inadequate under applicable standards. See. 1.11. issa..nee Of o,._.. it; Conditions See. 8-2-11. ISSUANCE OF PERMIT; CONDITIONS: Subd:1. A. Permit Issuance. If the Applicant has satisfied the requirements of this chapter, the City shall issue a permit. Subd-2. B. Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (..`3. C. Small Wireless Facility Conditions. In addition to subdivision B, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: A small wireless facility shall only be collocated on the particular 504123vVS105-3 wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. ( 1. No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the City's written authorization, provided that the City may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (e) 2. No wireless facility may extend more than 10 feet above its wireless support structure. (d) 3. Where an Applicant proposes to install a new wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right- of-way. (e) 4. Where an Applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (€j 5. Where an Applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. Sxb4 D. Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the Applicant has executed a standard small wireless facility collocation agreement with the City. The standard -collocation agreement may require payment of the following: (a) 1. Up to $150 per year for rent to collocate on the City structure. (b) 2. $25 per year for maintenance associated with the collocation; (� 3. A monthly fee for electrical service as follows: 4- a. $73 per radio node less than or equal to 100 maximum watts; 2 b. $182 per radio node over 100 maximum watts; or 3.r. c. The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the Applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then -existing agreement between the City and Applicant, See. 1.12 Aetion on Small mlir-eless Faeffity Permit . See. 8-2-12. ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS: Subd. 1. A. Deadline forAction. The City shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. 504123vVS105-3 Sum. 2. B. Consolidated Applications. An Applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: (a4 1. are located within a two-mile radius; 2. consist of substantially similar equipment; and �c 3. are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. S '�T C. Tolling of Deadline. The 90 -day deadline for action on a small wireless facility permit application may be tolled if: (-a) 1. The City receives applications from one or more Applicants seeking approval of permits for more than 30 shall wireless facilities within a seven-day period. In such case, the City may extend the deadline for all such applications by 30 days by informing the affected Applicants in writing of such extension. (b) 2. The Applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the Applicant within 30 days of receipt the application. Upon submission of additional documents or information, the City shall have ten days to notify the Applicant in writing of any still -missing information. (e) 3. The City and a small wireless facility Applicant agree in writing to toll the review period. See 1.1-3. -Perm-it C..,.s as identified in the Fee C 1. d 1 , Sec. 8-2-13. PERMIT FEES AS IDENTIFIED IN THE FEE SCHEDULE: Sul• A. Excavation Permit Fee. The City shall impose an excavation permit fee in an amount sufficient to recover: (a) 1. management costs; (b) 2. degradation costs, if applicable. Subd. 2. B. Obstruction Permit Fee. The City shall impose an obstruction permit fee in an amount sufficient to recover management costs. Subd:3 C. Small Wireless Facility Permit Fee. The City shall impose a small wireless facility permit fee in an amount sufficient to recover: (a) 1. management costs, and; (b) 2. City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. SuHd. 4. D. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. 504123vVS105-3 Subd. S E. Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 4-.2-2 8-2-23 are not refundable. Subd 6 F. Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right- of-way user in the franchise. See. 1.14. Right of Way Patching and Rester-ation. Sec. 8-2-14. RIGHT-OF-WAY PATCHING AND RESTORATION: Subd. 1. A. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 8-2-16. Sabd.2: B. Patch and Restoration. Permittee shall patch its own work within fourteen (14) days of completion of the work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) 1. City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work. (13) 2. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (� 3. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subdue C. Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. Subd. 4.. D. Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 8-2-16. 504123vVS105-3 C••i7ubd.T E. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right- of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. Sep. 1.15. rAint pplieations. Sec. 8-2-15. JOINT APPLICATIONS: Subdue A. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. Subdue B. Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Subd.3. C. With City projects. Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. See. 1.16. c......' .............- "-pkat Sec. 8-2-16. SUPPLEMENTARY APPLICATIONS: SST A. Limitation on Area. A right-of-way permit is valid only for the area of the right-of- way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd-. 2. B. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. See. „7 OthL_ Obligations. Sec. 8-2-17. OTHER OBLIGATIONS: Subdue A. Compliance with Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of- way pursuant to its permit, regardless of who does the work. 504123vVS105-3 9aHd-3 B. Prohibited Work. Except in an emergency, and with the approval of the City, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subdue C. Interference with Right -of -Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Sabd.4. D. Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the Director. See 1.18. Denial ar- n...,,.,....:,...... n._ -.-it. See. 8-2-18. DENIAL OR REVOCATION OF PERMIT: Subdue A. Reasons for Denial. The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. Subd. 2. B. Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The City must notify the Applicant or right- of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the City and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The City must approve or deny the resubmitted application within thirty (30) days after submission. Requirements.See. 1.19. installation Sec. 8-2-19. INSTALLATION REQUIREMENTS: The excavation, backfilling, patching and restoration, and all other work performed in the right- of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in Section 4-.� 8-2-24 B of this ordinance. . inspeefiRS Sec. 8-2-20. INSPECTION: Subdue A. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. 504123vVS 105-3 Sub2. B. Site Inspection. Permittee shall make the work -site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Suhd 3. C. Authority of Director. (aj 1. At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (h) 2. The Director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Sec. 4-2-2 8-2- 23.. See. 1.21. Work none Without a Permit. Sec. 8-2-21. WORK DONE WITHOUT A PERMIT: Subd. 1. A. Emergency Situations. Each registrant shall immediately notify the Director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Sand:2. B. Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the City code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter. See. _ 2t.,Supplementni3, Notifleat Sec. 8-2-22. SUPPLEMENTARY NOTIFICATION: If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the City of the accurate information as soon as this information is known. See. 1.23. n,.. ,.esti,._ „fuer. its. Sec. 8-2-23. REVOCATION OF PERMITS: 504123vVS105-3 Subdue A. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) 1. The violation of any material provision of the right-of-way permit; (b) 2. An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (e-) 3. Any material misrepresentation of fact in the application for a right-of-way permit; (d) 4. The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e) 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 449 8-2-20. Subdue B. Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Surd -9 C. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. Subd. 4. D. Cause for Probation. From time to time, the City may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit authorization. gubd�5 E. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. Subd 6 F. Reimbursement of City costs. If a permit is revoked, the permittee shall also 504123vVS105-3 reimburse the City for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Cep ' ''4.14apping Data. See. 8-2-24. MAPPING DATA: Subd I A. Information Required. Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the Director accurate maps and drawings certifying the "as -built" location of all equipment installed, owed and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's electronic mapping system, when practical or as a condition imposed by the Director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. Subd. 2. B. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the Director reasonably requires it. Permittees or their subcontractors shall submit to the Director evidence satisfactory to the Director of the installed service lateral locations. Compliance with this Subdivision B and with applicable Gopher State One Call law and Minnesota Rules_governing service laterals installed after December 31, 2005 shall be a condition of any City approval necessary for a) 1. payments to contractors working on a public improvement project including those under Minnesota Statutes Chapter 429 and b) 2. City approval under development agreements or other subdivision or site plan approval under Minnesota Statutes Chapter 462. The Director shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. See. 1.25. L c ntio n and Deleention of Faeilities. See. 8-2-25. LOCATION AND RELOCATION OF FACILITIES: Subd. l: A. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules do not limit authority otherwise available to cities. Subd. 2. B. Undergrounding. Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City, Facilities in the right-of-way must be located or relocated and maintained underground in accordance with Section 11-4-13 of the City Code. SST C. Corridors. The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All 504123vVS105-3 excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 4 D. Nuisance. One year after the passage of this chapter, any facilities found in a right- of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. Subd3: E. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. See. 1.26 u_, ex »vatic n Faeil ies Leention.. Sec. 8-2-26. PRE -EXCAVATION FACILITIES LOCATION: In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. See. 1 .27. Damage to Other Fnei ties. Sec. 2-8-27. DAMAGE TO OTHER FACILITIES: When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. 504123vVS105-3 See. 1.28_ Right of Way v,.ention. Sec. 8-2-28. RIGHT-OF-WAY VACATON: Reservation of right. If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. c,... 1.220. 1...1,,m-nir.,.,,tion and 1 inhflity Sec. 8-2-29. INDEMNIFICATION AND LIABILITY: By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. See. 1.30. Abandoned and Unusable > aeili fie.. Sec. 8-2-30. ABANDONED AND UNUSABLE FACILITIES: Subd. 1 A. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant. Subd. 2. B. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the City. See. 1.2� Sec. 8-2-31. APPEAL: A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the Director regarding Section8-2-23 Subd. B of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City council. The City council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. See. 1.32 Resen'stion of Regulate", and Poliee Power -5 Sec. 8-2-32. RESERVTION OF REGULATORY AND PUBLIC POWERS: A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances as necessary to protect the health, safety and welfare of the public. See 131. c, vera. ffit.- Sec. 8-2-33. SEVERABILITY: If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set forth herein. 504123vVS105-3 Passed by the City Council of this day of Month, Year. Mayor Attest: City Clerk 504123vVS105-3 b 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City FROM: Joe Janish, Community Development SUBJECT: Discussion: Accessory Structures DATE: January 23, 2018 (763) 755-5100 BACKGROUND After two variances had been granted recently by the Council, staff was provided direction on looking at increasing the square footage of allowable accessory structures. On November 21, 2017 the City Council reviewed an agenda item that would have potentially increased the size allowed for accessory structures, after review and discussion the Council decided to direct this item to a Council Work Session, for a more detailed review. HISTORY During a review of past ordinance modifications, the City of Andover had reduced the allowable square footage of accessory storage structures. The two most recent amendments addressed allowable accessory structure size limits: July 16, 2002 — Accessory Structure size limits changed from: "seventy-five (75%) percent of the total square footage of land cover of the foundation of the principal structure" to "accessory buildings on a residential parcel in the R-4 zoning district shall not exceed 1,200 square feet total, and in no case shall the detached accessory building be greater than fifty percent (50%) of the total square footage of the foundation of the principal structure." October 4, 2005 (a.ka Revision 34)— Accessory Structure size limits language was modified to include the following language "or any property less than one acre." DISCUSSION After the approved variance requests, staff was under the understanding, it was the City Council's desire to increase the square footage of allowed accessory structures within the City of Andover. Staff conducted a survey of surrounding communities and allowable square footage, and presented information to the City Planning and Zoning Commission. The Planning and Zoning Commission forwarded a positive recommendation to the City Council to approve allowing for larger accessory structures based on the size of an individual's residential lot. Since our last City Council meeting discussion on November 21, 2017 staff also made a few modifications to the ordinance to "simplify" the language. ACTION REQUIRED Staff recommends the City Council review and discuss if increasing the size of allowable accessory structures is appropriate, and if so should the size increase be based on lot size, and zoning classification. Resp tfulmitted, % Joe Danish c Community Development Director Attachments Page July 16, 2002, City Council Agenda Item .3 July 16, 2002, City Council Meeting Minutes Excerpt .15 July 5, 2005 City Council Cover Agenda Item Excerpt .17 July 5, 2005 City Council Meeting Minutes Excerpt. .19 October 4, 2005 City Council Agenda Item Excerpt . .20 October 4, 2005 City Council Meeting Minute Excerpt .24 November 14, 2017 Planning and Zoning Commission Agenda Item .25 November 14, 2017 Planning and Zoning Commission Meeting Minutes Excerpt .36 November 21, 2017 City Council Agenda Item .38 November 21, 2017 City Council Meeting Minutes Excerpt. .51 Proposed Draft Ordinance Amendments .53 Accessory Sketch Layout .59 Community Comparison Chart .60 Samples of Accessory Structures .61 2 TO: CC: FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . W W W.CI.ANDOVER.MN.US Mayor and Councilmembers John Erar, City Administrator Will Neumeister, Community Development Directorw�— Courtney Bednarz, City PlanneW SUBJECT: Consider Amendment to Ordinance 8, Section 4.05 Accessory Building & Structures - Planning DATE: July 16, 2002 INTRODUCTION This item concerns modifications to the ordinance regulating detached accessory structures on urban residential lots. This issue was raised at the Council Goal Setting meetings in April 2002 where the Council discussed the size of detached accessory buildings on urban lots and how much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size are proposed. The discussion continues from the June 18th Council Meeting (minutes attached). Staff would Re the Council to consider an alternative ordinance amendment as follows: The attached garage and all detached accessory buildings on a residential parcel with a lot area of one (1 a.) acre or less, shall not exceed a•total of 1200 square feet. seve ' ` "� strutetut-� (8U, 7-19-83) (8MMMM, 11-07-95) This approach addresses both the size of attached and detached structures on urban lots. The maximum number of square feet varies, but this system is used by a majority of suburban communities to regulate garages and sheds on urban lots. A typical lot graphic is attached to illustrate. This approach should include the height, side yard setback, roof pitch and attached garage provisions discussed below. The attached graphic shows the size detached garage that could result with existing regulations, a change to total square footage and a 308 square foot detached building. 3 Previous Ordinance Amendment If this approach is not acceptable, the City Council can revisit the previously proposed ordinance amendment. In this scenario, please consider the following elements independently and to act upon any that reach consensus: 1. Size. A. 1200 total square feet (attached and detached) B. maximum garage size of 308 square feet (detached only) 2. Height. A maximum height of 15 feet is proposed. 3. Location. A five foot interior side yard setback is proposed. 4. New homes in the R-4 District would be required to have an attached garage. S. Roof Pitch. A minimum 4/12 roof pitch was recommended by the Planning Commission Height The current regulations limit the height to be no greater than the height of the principle structure (house). With three or four floor split-level home plans, a detached accessory structure could easily be two stories or taller. The attached amendment limits the height of accessory structures to fifteen feet in height. This height will accommodate a standard nine foot sidewall and a variety of roof pitches. Side Yard Setback The attached amendment would reduce this setback from ten feet to five feet on urban lots. This adjustment is in line with what neighboring communities require and will prevent wasted yard space between the detached accessory building and property line. The extra space can also result in boats or trailers being parked between the structure and the property line. In some cases, the greater setback has pushed accessory buildings further into the yard and caused conflicts with a homeowners ability to construct a deck or addition to the home. As you know, structures can not be located in easements so easements wider than five feet will still affect the location of these structures on some urban lots. Attached garages It is important to note that there is no cunenj�oning restriction on the size of an attached garage provided it can meet applicable setbacks. Thhe Uniform Building Code provides a maximum size of 3,000 square feet. The Andover Review Committee has discussed this item and resolved that it is virtually impossible to place a structure this size on an urban lot with limited lot width and setback requirements. The largest attached garage in the City is approximately 1,500 square feet in size. The Planning Commission was concerned that an ordinance amendment not be too restrictive and they did not discuss limiting the size of attached garages. 2 4 Other Cities Regulations City Maximum Size Side Yard Height Maximum Setback Anoka 1,056 sf, including attached garage 5 feet 15 feet Blaine 1,000 sf including attached garage 5 feet Same as principle structure Coon 1,200 sf including attached garage 5 feet Same as Principle Rapids structure or 20 feet, Iesser of two Andover 1,200 sf including attached garage (proposed) 5 feet 15 feet or 308 sf not including attached garage ACTION REQUIRED The City Council is asked to review and approve the attached amendment or to suggest alternative language. Attachments Proposed Ordinance Amendment Typical lot graphic City Council Minutes 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 114A AN ORDINANCE AMENDING ORDINANCE 8, SECTION 4.05 ACCESSORY BUILDINGS AND STRUCTURES TO AMEND THE SIZE, SETBACKS AND HEIGHT REQUIREMENTS FOR ACCESSORY STRUCTURES ON URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 4.05 Accessory Building and Structures (A) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit. (B) No accessory building in a residential area shall exceed the height of the principal structure except subject to Section 4.06 (F) and Section 8.21. (C) Accessory buildings on a residential parcel of.five (5 a.) acres or less shall be subject to size restrictions based on the total square footage of land cover of the foundation of the principal structure as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 6.02, the garage will not be calculated in the accessory building square footage requirement. (8MMMM, 11-07-95) (1) The accessory buildings on a residential parcel with a lot area of five (5 a.) acres or less, but more than one (1 a.) acre, shall not exceed the total square footage of land cover of the foundation of the principal structure. (8MMMM, 11-07-95) (2) The attached garage and all detached accessory buildings on a residential parcel with a lot area of one (1 a.) acre or less, shall not exceed 1200 square feet seven4y r (751%) per-. ent of the total square fbot.. e of land , Of the A-u-n-d-ation- of the prineipal stFueture. (8U, 7-19-83) (8MMMM, 11- 07-95) (3) All principle structures constructed within the Single Family Urban Residential (R-4) District after the effective date of this ordinance shall have an attached garage with a minimum size of 440 square feet. (4) All detached accessory structures within the Single Family Urban Residential (R4) Zoning District shall have a minimum 4/12 roof pitch. 0 0 (D) When a private garage is oriented so as to face onto a public right-of-way it shall not have less than the minimum required setback for the principal structure as measured from the lot line. (E) Accessory buildings and structures located in residential zoned districts that ar- one hundred and twenty (120) square feet or less shall be setback a minimum of rive 5 tea4W) feet from side and rear lot lines unless an easement exists that is more restrictive. In no case shall an accessory building be located within an easement. Accessory buildings and structures located on corner lots are required to meet the sideyard setback requirements from the street as stated in Section 6.02. Accessory buildings and structures located in residential zoned districts that are greater than one hundred and twenty (120) square feet shall comply with all setback requirements as stated in Section 6.02. All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. (8BBBBB, 9-16-97) (F) Accessory building in a residential zoning district shall not exceed fifteen IS feet in height. Accessory buildings in the "Business " and "Industrial" Districts shall not be closer than ten (10') feet from side and rear lot lines subject to provisions for abutting residential zone provided herein. (G) No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as herein provided: (1) On residential parcels with a lot are of one (1 a.) acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure, however, the minimum distance it may be form the front lot line is sixty (60') feet. (2) All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structures. (8U, 7-19-83) (H) No accessory building in a commercial or industrial district shall exceed the height of the principal building except by Special Use Permit. (1) An accessory building may be located within the rear yard setback provided said accessory building does not occupy more than twenty-five (251/6) percent of a required rear yard. (I) A private garage in a residential district shall not be utilized for business or industry. Further, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one (1) or two (2) car capacity may be so rented. Such garage shall not be used for more than one (1) vehicle registered as a commercial vehicle with the State of Minnesota. Said vehicle must be registered to the property leasor, or relative living 7 on the premises. The gross weight of such commercial vehicle shall not exceed 12,000 pounds gross capacity. (8KKK,1-16-90) in an R-1 or R-2 Single Family Residential District on a parcel of at least three (3 a.) acres in size, one (1) truck -tractor may be stored within an accessory building. This shall not include the parking of semi -trailers. (8KKK, 1-16-90) (K) Vehicles exceeding 10,000 pounds gross weight shall be parked in a garage or along the side or rear of a residential lot. Such vehicles shall not be parked in the front yard. (L) No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3 a.) acres or less in all residential districts and within the Metropolitan Urban Service Area (MUSA) Boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (8I, 10-21-80; SU, 7-19-83; 8DDD, 11-01-88; 8QQQ, 4-02-9) Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk 0 Ground 1.8 low (yu bj ...y.. — r ...o veto . e4.1 OILQU Lv Na IIVI LII from grading done for plat to north. I:vL'1- BAIPE"E1d(�!'� Loo rr t,J�aooW i -T-C7.6. <\o'1.01 Ground 0.6 high av�.v 4`f- r irzoN qtly' IN ;y- ..,. ID �, a.,a:3 9o1,Y� 3dcil i lo' �I ' J NVOI 04y y \ 7p \3,) t7 'a S� s 'Ground 0.7 high m. City Council Minutes Regular Andover City Council Meeting Minutes — June 18, 2002 Page 8 amount of wetland. The City owns the property. The consultant's recommendation is to rezone the property to Multiple Dwelling (M-2). It is recommended that the site be rezoned to Single Family Urban Residential (R-4) to match the zoning of contiguous property to the south and adjacent property to the west. Mr. Neumeister stated one of the items Mr. Bednarz pointed out was there were nineteen sites identified on the study but they found two more sites that were missed by the consultants. He stated there should have been 21 sites so they were going to bring it to the Planning Commission next week for rezoning to low density residential. MOTION by Jacobson, Seconded by Orttel, to approve an Ordinance Amending Ordinance No. 8, Section 6.03, Zoning District Map of the City of Andover. (Ord. 8LLLLLL) Motion carried unanimously. Councilmember Knight stated this should be an area that is designated as a permanent green area. CounciImember Orttel stated they did not have this in the Ordinance and they should consider it when redoing the Ordinances. CONSIDER AMENDMENT TO ORDINANCE 8, SECTION 4.05 ACCESSORY BUILDING AND STRUCTURES Mr. Neumeister explained this item concerned modifications to the ordinance regulating detached accessory structures on urban residential lots. This issue was raised at the Council Goal Setting meetings in April 2002 where the Council discussed the size of detached accessory buildings on urban lots and how much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size were proposed. Mr. Neumeister stated the Planning Commission recommended in favor of the proposed amendments to size, height and location of detached accessory structures on urban lots. They also recommended a minimum roof pitch of 4/12 and that urban Iots be limited to one driveway access. The attached amendment sets a maximum size of 308 square feet for detached accessory buildings on urban lots. This equates to a wide one -stall garage. This size was chosen to ensure that the structure would be large enough for yard equipment, vehicles and some boats. All detached structures (including yard barns less than 120 square feet in size) are included in this calculation. He stated the attached amendment would require new houses constructed in the urban area after the effective date of the ordinance to construct an attached garage that meets the minimum garage size requirement (440 square feet). He stated the City requires a 440 square foot garage. Councilmember Trude noted the bigger the storage space people have next to their homes, the more likely they are to have a business move in and generate traffic. She has had complaints with construction of sheds because people thought they moved into an area with covenants. People have asked her if there was a way to get structures limited in size because the standard with new homes is a triple garage attached to the home that is almost a thousand square feet in size. A lot of garages are "8~ 10 Regular Andover City Council Meeting Minutes—dune 18, 2002 Page 9 oversized and she was concerned with 308 feet being very large. She has had requests to look at size restrictions and combining storage space with other space. She would like to see them limit the attached structures as well so it is at least 75% of the foundation size of the main structure so the garages are not larger than the house. Councilmember Orttel stated the city has a requirement that there could only be a 440 foot garage and they never had houses built without garages. Mr. Neumeister stated the keyword is "attached". We currently have a garage requirement but it could be detached so this would remove the possibility on new construction to have anything more than 308 square foot detached structure in the backyard. By taking away the detached option, except for those already in existence, it would restrict it down to a small -detached building. Councilmember Trude stated this would still be larger than the small storage shed and would require a permit. The Council discussed the issue of storage garages versus storing items outside. MOTION by Jacobson, Seconded by Knight, to table Item No. 21 (Consider Amendment to Ordinance 8, Section 4.05 Accessory Building & Structures) until a future date. Motion carried unanimously. Councilmember OrtteI asked staff to look into a provision that the garage must look like the house. AMENDMENT TO ORDINANCE 8, .SECTION 8 — LAWN RESIDENTIAL LOTS Mr. Neumeiste lained the issue is to consider whether to require developers to install sod on residential lots prior issuance of a Certificate of Occupancy or appropriate escrow during the winter months. Currentlye City has no requirements on lawn establishment prior to the issuance of a Certificate of Occupancy. Mr. Neumeister stated there was a rang f choices that could be made in lawn establishments, including: 1. Boulevard sod only, with or witho scrow. 2. Boulevard and front yard only sodded black soil, with or without. escrow. 3. Boulevard, front and side year sodded with ck soil, with or without escrow. 4. Boulevard, front, side and rearyards sodded with ack soil, with or without escrow. Mr. Neumeister stated staff recommended option 3 with a $2,500 dollar crow and review after 2 years. Staff initially proposed the entire lot be sodded at the time of the GoakSetting Workshop. However, based on the comments and discussion at the Planning Comm ion, it is now recommended that the Council consider the lawn establishment for the front and sr yards only along with the other conditions recommended by the Planning Commission. The Tanning Commission recommended the seeding/sodding be required only in the front yard area. $2,500 escrow would be sufficient for work to be done. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 NNNNNN AN ORDINANCE AMENDING ORDINANCE 8, SECTION 4,05 ACCESSORY BUILDINGS AND STRUCTURES TO AMEND THE SIZE, SETBACKS AND HEIGHT REQUIREMENTS FOR ACCESSORY STRUCTURES ON URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 4.05 Accessory Building and Structures (A) For the purpose of this section of this ordinance, accessory buildings shall mean garages and sheds. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit. (B) No accessory building in a residential area shall exceed the height of the principal structure except subject to Section 4.06 (F) and Section 8.21, and shall not exceed fifteen (15) feet in height in the R-4 zoning district. (C) Accessory buildings on a residential parcel of five (5 a.) acres or less shall be footagesubjeet to size res#ietieiis based e3a the total square as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 6.02, the garage will not be calculated in the accessory building square footage requirement. (8MMMM, 11-07-95) (1) The accessory buildings on a residential parcel with a lot area of five (5 a.) acres or less, but more than one (I a.) acre, shall not exceed the total square footage of land cover of the foundation of the principal structure. (8MMMM, 11-07-95) (2) The attached garage and detached accessory buildings on a residential parcel in the R-4 zoning district with a let Acas of e (I P.) ..«ss, shall not exceed 1200 square feet total, and in no case shall the detached accessory the foundation of the urincival structure. seventy five M% _„_ a the total squape footage of land eover of the foundation of the pFineipal store are. (8U, 7-19-83) (8MMMM, 11-07-95) (3) All Principle structures constructed within the Single Family Urban Residential (R-4) District after the effective date of this ordinance shall have an attached garage with a minimum size of 440 square feet (4) 12 (5) structure. except as stated in Section 4.05 (L) of this ordinance (D) When a private garage is oriented so as to face onto a public right-of-way it shall not have less than the minimum required setback for the principal structure as measured from the lot line. (E) Accessory buildings and structures Iocated in residential zoned districts that are one 1.... dr -ed and h, mt" 11 20) square feet or less shall be setback a minimum of five S ten (10) feet from side and rear lot lines unless an easement exists that is more restrictive. Accessory buildings and structures located on corner lots are required to meet the sideyard setback requirements from the street as stated in Section 6.02. Accessory buildings and structures located in residential zoned districts that are gFeater a,"„ " hundred and ..Army (120) sqiiare feet shall comply with all setback requirements as stated in Section 6.02. All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. (SBBBBB, 9-16-97) (F) Accessory buildings in the "Business " and "Industrial" Districts shall not be closer than ten (10') feet from side and rear lot lines subject to provisions for abutting residential zone provided herein. (G) No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as herein provided: (1) On residential parcels with a lot are of one (1 a.) acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure, however, the minimum distance it may be form the front lot line is sixty (60') feet. (2) All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structures. (8U, 7-19-83) (I) No accessory building in a commercial or industrial district shall exceed the height of the principal building except by Special Use Permit. (1) An accessory building may be located within the rear yard setback provided said accessory building does not occupy more than twenty-five (251/6) percent of a required rear yard. (.T) A private garage in a residential district shall not be utilized for business or industry. Further, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a 2 13 garage of one (1) or two (2) car capacity may be so rented. Such garage shall not be used for more than one (1) vehicle registered as a commercial vehicle with the State of Minnesota. Said vehicle must be registered to the property leasor, or relative living on the premises. The gross weight of such commercial vehicle shall not exceed 12,000 pounds gross capacity. (8KKK, 1-16-90) In an R-1 or R-2 Single Family Residential District on a parcel of at least three (3 a.) acres in size, one (1) truck -tractor may be stored within an accessory building. This shall not include the parking of semi -trailers. (8KKK, 1-16-90) (K) Vehicles exceeding 10,000 pounds gross weight shall be parked in a garage or along the side or rear of a residential lot. Such vehicles shall not be parked in the front yard. (L) No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3 a.) acres or less in all residential districts and within the Metropolitan Urban Service Area (MUSA) Boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (81,10-21-80; 8U, 7-19-83; 8DDD, 11-01-88; 8QQQ, 4-02-9) Adopted by the City Council of the City of Andover on this 10 day of July, 2002. CITY OF ANDOVER M ATTEST: ' aei R. Gamache, Mayor Vicki Volk, City Clerk 14 Regular Andover City Council Meeting Minutes —July 16, 2002 Page 13 bike routes. He would be interested in something like that instead of cutting through on the new strand putting it in as sidewalks. Mr. Erickson stated the trail was meant for bike traffic, not pedes traffic, on street was for bike trail and offstreet is forpedestrian traffic. Mayor Gamache asked if the were considering trails on 152" a Lane. Mr. Erickson stated it was suggested and 152nd Lane would be ore heavily trafficked. Mayor Gamache askedif the Council would be interested in considering a sidewalk on 152°d Lane. Councilmember Trude stat with the quantity of children in the area, who are all walkers to school, at some point when they get rea long streets, traffic gets faster. Mr. Westlund stated they adjusted for the pathto be on the street. Cou ilmember Trude stated she preferred the trail to remain on the street. Mr. Erickson stated they could s e the bike lanes to make them known to motorists as bike trails. CONSIDER APPOINTMENT OF PLANNING CO)PAVISSlONMEMBER Mr. Neumeister stated a vacancy on the Planning Commission been created by the resignation of Mark Hedin who has resigned effective August 1, 2002. An altemaibqatididate for the position has shown interest in fulfilling Mr. Hedin's term, which ends January 1, 201, Paula Jean Larson has been interviewed and is willing to complete Mr. Hedin's term. MOTION by Knight, Seconded by Trude, to approve Item No. 18 (Appointme of Planning Commission Member, Paula Jean Larson) Effective after August 1, 2002.Mott carried unanimously. CONSIDER AMENDMENT TO ORDINANCE 8/REVISIONS TO ACCESSORYBUILDING AND STRUCTURES, CONTINUED Mr. Neumeister explained this item concerns modifications to the ordinance regulating detached accessory structures on urban residential lots. This issue was raised at the Council Goal Setting meetings in April 2002 where the Council discussed the size of detached accessory buildings on urban lots and how much of the yard they occupy. No changes to accessory structure requirements for lots greater than one acre in size are proposed. Mr. Neumeister addressed the changes to pages 4 and 5. Councihnember Trude asked ifthey should keep this information in both places so there is not any confusion. Dave Almgren, Building Official, stated the reason it was put in was because people were putting accessory structures on drainage easements. Councilrrtember Orttel noted that the Ordinance states the garage has to be aminimum of440 square feet. The Ordinance should state the total garage space would total 1200 square feet. There should be a cap on the second garage that would not allow it to be more than 440 feet. He stated they 15 Regular Andover City Council Meeting Minutes —July 16, 2002 Page 14 should also require the back garage to look like the house if the front garage needs to. This would bring some conformity to the neighborhood. Councilmember Trude stated the height would need to be considered for the neighboring lots. Mr. Erar stated a percentage per foundation size would work in terms of limiting the size and the Council would need to select the percentage. Chris English stated he agreed with Mr. Erar that if they tie it to the full size of the residence they develop a harmony between the size of the detached building and the size ofthe residential dwelling. He stated there should be wording in the Ordinance that states maximum length to width ratio. Limiting the ratio of length to width of the building would always maintain proportion. Mr. Dick Wagner, 1735 148' Lane, stated the Ordinance states now that the thirty feet across the back of the yard allows you to take up a certain percentage of the actual space. He stated this would limit them to the size of the garage in the backyard. He stated he is at the meeting because he would like to build five feet from the property line so he would like the Ordinance to pass. Councilmember Trude stated this is the situation with small lots. Mr. English stated Councilmember Jacobson's comments about lots that have wetlands on them and a smaller building area is to consider that the wetland is still green space. One way to approach this is to tie the size of the building to the foundation size of the residential building structure to set up minimum setbacks for the building from the existing foundations. Councilmember Jacobson read from the staffreport on page four. Mr. Erar stated they were setting a limit of 1200 square feet. Councilmember Orttel stated they should go with the maximum of 1200 square feet total with a detached structure that does not exceed fifty percent of the foundation size. MOTION by Orttel, Seconded by Knight, to approve Item No. 19 (Consider Amendment to Ordinance 8/Revisions To Accessory Building and Structures.) stating a maximum of I200 square feet total with a detached structure that does not exceed fifty percent of the foundation size and insert the provision that applies to Ordinance 8 (Detached Structure Located in Front oftheDwelling). See Ordinance 8NNNNNN. Councilmember Jacobson asked if they were adding a new number 5 on the bottom of page four of the Ordinance that states any structure built has to have similar materials as the main structure. Councilmember Orttel stated it was correct. Motion carried unanimously. ested they bring back item 21 to another date because of the lateness of the hour. Item 22 could be moved1B?Wm44&thc.&ugust 5, 2002 meeting. Mayor Gamache stated they could move the two items to another evening. Mr.r ould be given out regarding item 21 if anyone wished to have them. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director a4l1 -- FROM: Courtney Bednarz, City Planner SUBJECT: Consider Various Code Revisions (Part 3) - Planning DATE: July 5, 2005 INTRODUCTION The table has been updated to show the sections the Council has completed review and sections that have been revised based on Council's comments at the June 2151 meeting. The items that were in need of adjustments and the next 20 code revisions from the table are also attached (21- 40). DISCUSSION The Council is asked to continue working through the proposed amendments. At the last of these meetings, the Council will be asked to adopt all of the proposed amendments and a summary ordinance to be published in the Anoka Union Newspaper. In this manner the Council can generally agree on the proposed changes and move on to the next group. In the event that a Iater change or issue sparks interest in an item that has already been reviewed, there will be an opportunity to revisit a specific item before the final motion to adopt all of the proposed changes. Please determine if the items continued from last meeting are satisfactory and reach a consensus on the proposed changes for the next 20 items. If a consensus cannot be reached on a particular item, please indicate the area of concern and suggested modifications so that staff may make changes to be brought forward at a future meeting. Attachments Table of Proposed City Code Amendments 41-40 Proposed City Code Amendments Continued From June 21, 2005 Proposed City Code Amendments #21-40 17 Revision # 34 12-6-4-C ACCESSORY BUILDINGS Background The code, as written, leaves a loophole: properties of less than one acre that are not in the R-4 zoning district are not covered. Proposed Change The section will edited to omit the loophole. 12-64: Size and Construction Requirements C. The attached garage and detached accessory buildings on a residential parcel in the R- 4 zoning district, or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50%) of the total square footage of the foundation of the principal structure. 3r m Regular Andover City Council Meeting Minutes —July 5, 2005 Page 7 V,qyncilmember Jacobson thought in some of the small areas with wetlands, which do have some A6eets, they may not want to have the house setback because there may be a future road, which probablylkelver will be but he thought they need to use some reason there. The second line should read "Shall B13.,required to be setback which could accommodate..." which makes more sense and gives them more itude. Revision 32 Councilmember Trude wondered ere this section went to if they deleted it. Mayor Gamache stated it went to Revision 16. Councilmember Trude wondered if they were im g some things because they went from an entire page of things they do not want to see to a paragraph efmition Mr. Neumeister thought there is a definition that is in Revision 16. Councihnember Trude s ed this does not encompass what was in old "E". Mr. Neumeister thought some of those things were in ded in the uses table as Conditional Uses. The Council discussed what should be included in the Code. Revision 34 Councilmember Orttel thought there was a loop hole that was found and he did not know how this would be treated. Councilmember Trude had a question on setbacks for accessory structures onside yards for corner lots. If they have a cul-de-sac and as you enter the cul-de-sac, the driveways are not actually on the cul-de-sac at the comers so they can place a shed at the front ofthe neighbor's house and she thought this looked awful and devalues the entire neighborhood and she did not know if the code prevented this. Councilmember Trude thought if they had an accessory building or shed located in the yard adjacent to a City street, it should have a minimum setback of forty feet from the property line in R-1 and R-2 and thirty-five feet in R-3 and R-4 Districts. Councilmember Jac�bs@nasked what if he wanted to do the whole structure in stuff he built his house with but that is not alIoc—)v-AngJIjZto do this the way he reads it It says two sides have to be similar and comparable but they cannot a ame. He did not think that was what was intended. Councilmember Knight stated it says compatible, no arable. Councilmember Orttel thought this could mean it could be identical. Coun ' ember Trade thought they could say "The accessory structure should have siding that matches the home 19 C IT Y OF MOVE 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 A inisu-dLur ') Will Neumeister, Community Development Directorl{/i7 " FROM: Courtney Bednarz, City Planner SUBJECT: Public Hearing/Consider Final Adoption of Various Code Revisions - Planning DATE: October 4, 2005 INTRODUCTION The Council is requested to hold a public hearing and review the final form of all proposed changes from various sections of the City Code that have been reviewed at eight different Council meetings since June 7, 2005. DISCUSSION Staff has prepared a final form of all that have been discussed to date and request the City Council review them and adopt the attached ordinance and summary ordinance. Planning Commission Recommendation The Commission unanimously recommended approval of the proposed City Code amendments. ACTION REQUESTED Council is requested to open the public hearing, review the proposed changes and adopt the ordinance amendments and summary ordinance. Attachments Ordinance Summary Full Text of Proposed Code Amendments Wo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ca • [►r�s]rI[1F111WMA1 AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF THE CITY CODE AFFECTING RESIENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this Ordinance is to eliminate conflicting language, clarify confusing language and revise city code requirements for a variety of items from fences, animals and exterior maintenance on residential properties to regulations for service stations, landscaping and screening of commercial and industrial properties and new developments and others not listed here. The amendments affect regulations in Titles 6,8,9 and 12 of the City Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this Ordinance. Interpretation Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this Ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 0 day of October, 2005. ATTEST: ti Victoria Volk, City Clerk CITY OF AND VV ichael R. Gamache, Mayor 21 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 314 AN ORDINANCE MODIFYING AND UPDATING VARIOUS SECTIONS OF TIM CITY CODE AFFECTING RESIENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES IN THE CITY OF ANDOVER WHEREAS, All revisions that are attached have been reviewed by the Planning Commission at various meetings over the past six months; and WHEREAS, The City Code has not been reviewed and updated in a comprehensive fashion to remove ambiguities, eliminate conflicting language, clarify confusing language and revise city code requirements for a variety of items. The amendments affect regulations in Titles 6,8,9 and 12 of the City Code. NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: The Zoning Code of the City of Andover is hereby amended as follows: 1) All attached revisions and referenced sections of City Code are amended as shown with underlining being newly added language and strike -outs indicating language to be removed. 2) All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 0 day of October, 2005. CITY OF ANDOVER ATTEST: AMil R. ar che, Mayo U_ ' i allb Victoria Volk, City Clerk 22 Revision # 34 12-6-4: Size and Construction Requirements C. The attached garage and detached accessory buildings on a residential parcel in the R- 4 zoning district, or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (501/o) of the total square footage of the foundation of the principal structure. 23 Regular Andover City Council Meeting Minutes — October 4, 2005 Page 7 Revision 42 throu Ig i #4 - approved Revision #5 Councilmember Knight thought they put a time limit on changing the street names. Mayor Gamache thought they based it on what the Post Office will do as to how long they will still deliver to the old address before it becomes permanent. Councilmember Trude thought they should add a number 4, procedure; the new street name will take effect one year or six months after it is proposed. Mr. Dickinson stated street name changes do create some havoc on technical programs such as Mapquest and address searches. Councilmember Trude thought they should conform to what the Post Office goes by. Revisions #6, 7 and 8 - approved Revision #9 and 10 - approved Revision #12 through 24 - approved Revisions 25.26, 27, 28 and 31 Councilmember Jacobson stated the wording did not make sense because it is almost impossible to shield a light source from the public or neighbors in certain districts. He understood the intent but did not think the wording is correct. He thought staff should look at the wording and bring it back Revision 429 - approved Revision #30 and #33 Couacilmember Trude stated she brought up the issue of backyard sheds sitting in front ofhouses on a cul-de-sac. She has seen this in all ofthe new developments. She thought the shed would need to be screened or could not be built forward of the home on the street. She thought in that case the setback could be increased also. Councilmember Orttel wondered if they limited the distance from the street a shed could be. Mr. Neumeister stated the ordinance is reflecting this. Councilmember Trude thought the they could have staff review this and bring it back. [Revision #34 through #50- approved Revision #51 Councilmember Jacobson stated in several places and locations, it referred to an R-5 Zoning District, 24 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner Joe Janish, Community Development Directo 4 SUBJECT: PUBLIC HEARING: City Code Amendments - Title 12 Zoning Regulations, Chapter 6, Accessory Buildings and Temporary Structures DATE: November 14, 2017 INTRODUCTION Planning and Zoning Commission is requested to consider the following zoning text amendments. Accessory Structures: The City Council and the Planning and Zoning Commission have considered several variances over the last few years related to size of accessory structures. At the last variance request, the City Council suggested staff review the ordinance and survey surrounding communities on accessory structures. The survey table for surrounding communities is attached and several communities allow for larger accessory structures based on the size of a lot. Staff would suggest adjusting the current code to allow for accessory sizes to be determined on lot size regardless of zoning classification within the residential districts. Movable Storage Containers: Staff has been seeing a rise in the use of movable storage containers (a.k.a pods, shipping containers). According to City Code these containers are not permitted. Staff is proposing to provide.. cleaner way in which to regulate the use of the containers by adding a section with in the accessory structure section of our ordinance. LVhile "pods" have become more common for people to use when moving from one location to another, it was determined that it may be appropriate to allow for the temporary use of the containers for a short time period. Staff recommends a moveable storage container be permitted for 30 days and also place restrictions on the location of said containers. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the adoption of the zoning text amendments as proposed in the attached ordinance. 25 Respe 1 sub :a'tte , Stephanie L. anson Attachments Ordinance No. XX, An Ordinance to Ordain City Code Amendments Accessory Structure Research of Other Communities Chapter 6 Accessory Buildings and Temporary Structures 26 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 6: ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION 12-674 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. Aereccnr hnnrlinac ------- However, in the case where the accessory building serves to satisfy the minim' garage requirements as specified in Section 12-3-5 of this title, the garage will not be calculated in the accessory building square footage requirement: B. The accessory buildings on a residential parcel with a lot area of five (5) acres or less, but more than one acre, shall not exceed two thousand four hundred (2,400) square feet. foundatinn pfineipal. C. The attached garage and detached accessory buildings on a residential parcel in the n 4-.....:..,.�....._.. _.._� less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and ifl. AR AnSe 401 the a h ed aesesseq building eater F efttie F a +. ., F+�b _ , �` (amd. Ord. 314, 10-4-2005) 12-6-7:Movable Storage Containers: A. shin 900ds frOm one location to another, B. 27 C. Moveable storage containers shall be placed within the drivewav of the property. D. The location shall not interfere with traffic sight lines. E. Movable storage containers shall not be permitted on the property for longer than 30 days. F. In no case shall a movable storage container be utilized for the purposes of an accessorystructure. G. Once empty the property owner shall remove the moveable storage container from the property. All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this day of November 2017. ATTEST: CITY OF ANDOVER: Michelle Hartner; City Clerk Julie Trude, Mayor W Accessory Building Sizes (Existing Requirements) Andover Has; lake Oak Grove Coon Ra ids Be..,. Anoka Blaine N CD Less than I acre Ito 23 acro 25 to 5 sues 5to1eacres 101acres Shall net axned foundation size of principal Shall not exceed foundadan sloe of structure principal structure (R4) Shall not exceed 1,100 or 50% of (Ri) Shall not exceed 1,200 or SM of Foundation size of principal structure foundation she of principal Move Shall not lined height of principal Mccure. In R-0 max helght of 15'. AS district can go higher for certain ag type bindings. Front Yard 5,000 unless Front Yard 676 Front Yard 720 Front Yard 800 Front Yard 1,100 approved la,aw cound Side or RearYdN 5,000 unless Side or Rear Yard 1,000 Site or Rear Yard 1,500 side or Rear Yard 2,400 Side Or Rear Yard 3,000 approved by Ory CouncB 1.49 acres or less -15N2A9acres 1:5 to 399 - Oto 5.99 acres Gmto999acres vo.acme 1.8002.400 3.600" 5.000" 91000 " Less than lucre I acres 1.600 1.000 Oto Sacro Sto lane Ib 149acra{ ,15 to 1.99 g. Ib 2.49 acres 1.5 to BAB 35 to 4A9 .43.5.49 SSto6A9 --65 to 7AB' 7.5 to 8.49 r85 to 949 =95 to 9.99 10 to 19.99 '.. 20 to 39.99` dCfei carts ",. acres aeras aeras acres aertl act. acres aeras .1. Within MUSH Within MUSH Within MUSH Within MUSA Within MUSH Within MUSA Within MUSH Within MUSH Within MUSA Wh MUSH Wlthin MUSH Whhlr MUSH Within MUSH Within MUSH 10%of lot, or 1,800 2,100 2,400 2,400 2,700 3,000 SAW 3,9W 4,300 4,700 5,100 5,500 6,000 8,000 1,500 sq. ft elhichever4 smaller O=ide MUSA Outside MUSA Outslde MUSA Outside Outside MUSA Outside MUSA Outside MUSA 0.1d.MUSA Outside MUSA Outside MUSA Outside MUSA OuaWa MUSA Outside MUSA Outskle MUSA 11800 2,250 2AW MUSA 2,400 2,700 3,00 3,50D 3,900 4,300 4,700 5,150 5,500 6,000 8,000 Based an Zoning and: ranges from 1,056 square feet to 1,200 nor shall the total area of all strucutres exceed 30 percent of the lot area Based an Zoning and within or ..old. MUSA Ran, from 1.0001,2001000,3000; CUP could allow more s mm footage "Ramus, ansiden used based an acreage of lot and If within or outside of MUSA; R of bu11i Increases outside the MUSA CHAPTER6 ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION: 12-6-1: Definition 12-6-2: Construction Prior To Principal Building 12-6-3: Building Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-7: Storage Containers 12-6-1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7-16-2002) 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit: (Ord. 8NNNNNN, 7-16-2002) 12-6-3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12-3-5B2 of this title, and shall not exceed fifteen feet (15') in height in the R-4 zoning district. B. Business Or Industrial District; No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. Accessory buildinas on a residential narrpl impervious coverage requirements. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12-3-5 of this title; the garage will not be calculated in the accessory building square footage requirement. 30 B. The accessory buildings on a residential parcel with a lot area of five (5) acres or less, but more than one acre, shall not exceed two thousand four hundred (2.400) square feet. the tetal squaie footage C. The attached garage and detached accessory buildings on a residential parcel in the R 4 zoning dist ' ± eF any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in ne Gase &IF II +V.n d } ahed aGGeSSE)FY h ildiRg be gFeat }ha f'fF perGent (509%) prineipal stFuGture. (amd. Ord. 314, 10-4-2005) D. All principal structures constructed within the single-family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. E. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. F. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. G. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right-of-way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5) from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 814,10-4-2005) 31 Accessory buildings and structures located in a yard adjacent to a County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10-4- 05) 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R-1 and R-2 zoning districts and thirty-five (35) feet in R-3 and R-4 zoning districts. (Amended Ord. 314, 10-4-05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul-de-sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4-18-06) 5. Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right-of-way on each side of the existing right-of-way centerline. (Amended Ord. 314, 10-4-05) 6. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. D. Location In Rear Yard Setback Areas Generally: An accessory building may be located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25%) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot 32 line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subject to City Code 12-6-5. (Amended Ord. 314,10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7-16-2002) G. Animals: Any building in which farm animals, pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; Amd Ord. 314 10-4-2005; Amd. 4/18/06, Ord. 325A) 12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12-14-10 of this title. F. Signage shall be subject to the provisions of Section 12-14-9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide 33 a written long-term plan for its removal. H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. J. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process. No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1-7-3A of this code. No Conditional Use Permit is needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7-6-2004) 12-6-7t Movable Storage Containers: 0 A C. Moveable storage containers shall be placed within the driveway of the property. D. The location shall not interfere with traffic sight lines E. Movable storage containers shall not be permitted on the property for longer than 30 days. 34 F. In no case shall a movable storage container be utilized for the purposes of an accessory structure G. 35 Regular Andover Planning and Zoning Commission Meeting Minutes—November 14, 2017 Page 3 1 e applicant was noted as the only person in attendance in the audience. 2 3 Dennis Ku' came to the podium. Commissioner Sims noted that the applicant has 4 sold dirt in the p and wondered what was different about this request. Mr. Kuiken 5 explained that the fie be dug up is a sod field. The area mined will become a pond, 6 like the one that is already e. He stated that he owns his own street sweeper. 7 8 Motion by Koehler, seconded by Hudso o close the public hearing at 7:16 p.m. Motion 9 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven Nemeth) vote. 10 11 Motion by Koehler, seconded by Sims to approve the 'th additional item number 12 12. An escrow amount of $2,500 shall be submitted to the Ci for to work beginning. 13 Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Nemeth) 14 15 This matter will be heard at the Tuesday, November 21, 2017 Council meeting a :00 16 pm. 17 18 19 PUBLICHEARING: City Code Amendments —Title 9 Building Regulations and Title 20 12 Zoning Regulations 21 22 Mr. Janish stated that the staff hoped to have additional amendments for the evening's 23 meeting, but staff were only prepared to submit two items to the Commission. 24 25 Accessory Structures 26 27 At the last variance request, the City Council suggested staff review the ordinance and 28 survey surrounding communities regarding the size of accessory structures. Staff 29 recommends adjusting the current code to allow for accessory sizes to be determined on 30 lot size, regardless of zoning classification within the residential districts. Lots one acre 31 or smaller, will be allowed under this new code, to have an accessory structure of 2,400 32 square feet or smaller. 33 34 Mr. Janish showed a comparison chart of the City of Andover in comparison with 35 neighborhood surrounding communities. He referred to the table as presented in the 36 agenda materials. 37 38 Movable Storage Containers 39 40 Commissioner Koehler asked about removable storage containers and how the changes 41 may or may not relate to roll -offs and trash. Mr. Janish indicated that removable storage 42 containers are used to store material goods. Other parts of the ordinance cover 43 construction materials. There was further discussion surrounding the issue and how staff 44 came to their recommendation as to where the "pods" can be located and the length of 45 time they should be able to be used/permitted. 36 Regular Andover Planning and Zoning Commission Meeting Minutes—November 14, 2017 Page 4 1 Commissioner Sims asked if the proposed City Code changes would have been able to 2 accommodate the 2 most recent variance requests. Mr. Janish explained that one would 3 have passed and the other would not have passed. Staff remarked that the length of time 4 in place is monitored. Mr. Janish commented that a home owner can rent a pod and store 5 it or move it to a facility. 6 7 Commissioner Koehler inquired about the height of an accessory structure. Mr. Janish 8 stated that the City Code will keep the height the same as it is today. 9 10 Motion by Koehler, seconded by Hudson, to open the public hearing at 7:46 p.m. Motion 11 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Nemeth) vote. 12 13 There were no people to come to the podium and make comment. 14 15 Motion by Hudson, seconded by Koehler to close the public hearing at 7:47 p.m. Motion 16 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Nemeth) vote. 17 18 Commissioner Sims asked about distinguishing between a moving pod and a 6 -month 19 construction project pod. Mr. Janish indicated that residents need to get a building permit 20 if they remodel. 21 22 Motion by Koehler, seconded by Loeblein to approve the City Code amendments as 23 presented. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Nemeth) vote. 24 25 This matter will be heard at the Tuesday, November 21, 2017 Council meeting at 7:00 26 pm. _ 27 _ 28 HER BUSINESS 29 30 Staff is wo in on plats. The Twin Cities Dental project is starting. 31 Commissioner hler wished staff and residents a happy Thanksgiving holiday. 32 Chairperson Daninge 'rected residents to review advertisements for Commission 33 positions. 34 Ms. Hanson pointed out that Co issioner Nemeth and Loehlein are both finishing their 35 terms this year. 36 37 ADJOURNMENT 38 39 Motion by Sims, seconded by Hudson, to adjourn the mee t 7:55 p.m. Motion 40 carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven and Nemeth) vote. 41 42 Respectfully Submitted, 43 44 Marlene White, Recording Secretary 45 TimeSaver Off Site Secretarial, Inc. 37 A• C I T Y 'NDOVEA 1585 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrator FROM: Stephanie L. Hanson, City Planner Joe Janish, Community Development Director SUBJECT: Consider City Code Amendments - Title 12 Zoning Regulations, Chapter 6, Accessory Buildings and Temporary Structures and Ordinance Summary Publication - Planning DATE: November 21, 2017 INTRODUCTION The Planning and Zoning Commission considered the following zoning text amendments at their November 14, 2017 meeting. The City Council is requested to consider the recommendation by the Planning Commission of adoption. DISCUSSION Accessory Structures: The City Council and the PIanning and Zoning Commission have considered several variances over the last few years related to size of accessory structures. At the last variance request, the City Council suggested staff review the ordinance and survey surrounding communities on accessory structures. The survey table for surrounding communities is attached and several communities allow for larger accessory structures based on the size of a lot. Staff would suggest adjusting the current code to allow for accessory sizes to be determined on lot size regardless of zoning classification within the residential districts. Movable Storage Containers: Staff has noticed a rise in the use of movable storage containers such as portable on demand storage ("pods"), and shipping containers. According to City Code these containers are not permitted. Staff is proposing to provide a cleaner way in which to regulate the use of the containers by adding a section with in the accessory structure section of our ordinance. While " ... pods"" have become more common for people to use when moving from one location to another, it was determined that it may be appropriate to allow for the temporary use of the containers for a short time period. Staff recommends a moveable storage container be permitted for 30 days and also place restrictions on the location of said containers. OM PLANNING COMMISSION REVIEW Accessory Structures: Commissioners held a public hearing on November 14, 2017 in regards to the proposed changes to the ordinance. No public comments were received. The Planning Commission questioned if the past variances would still have been needed and in one case a variance would have been required but the deviation from the code would have been much smaller. Commissioners discussed if the proposed building size should be larger to allow for the two most recent buildings to be permitted without having to go through the variance process. Commissioners questioned if the setbacks would be changed as part of this ordinance amendment and staff indicated that current setbacks would still apply. Commissioners questioned if height would change and staff noted that it would not. Movable Storage Containers: Commissioners discussed if this should address the use of "pods" for storing items during a major remodel, however did not modify the ordinance. Discussion occurred related to enforcement of the ordinance and the City enforcement process, which based upon the process could mean the "pods" would be at the property for longer than 30 days. Commissioners questioned the existence of current storage containers that may be around town and staff indicated that most are in violation since the use of the containers are currently prohibited., PLANNING COMMISSION RECOMMENDATION The Planning Commission provided a 5-0 (2 absent) vote in favor of the proposed amendments as presented. ACTION REOUESTED Staff recommends the City Council review and discuss the proposed ordinance, and consider the favorable recommendation by the Planning Commission and consider Ordinance Summary Publication. ect s bmitted, Joe Jamsh Attachments Draft Ordinance KH Accessory Structure Research of Other Communities Chapter 6 Accessory Buildings and Temporary Structures Ordinance Summary Publication CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 6: ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION 12-6.4 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. Accessory buildings on a residential Parcel greater than five (5) However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12-3-5 of this title, the garage will not be calculated in the accessory building square footage requirement. B. The accessory buildings on a residential parcel with a lot area of five (5) acres or less, but more than one acre, shall not exceed two thousand four hundred (2,400) square feet. thetet-al spare eet;ge of land a by h C. The attached garage and detached accessory buildings on a residential parcel ift Ap n n zengnj�distriet or .yprepefty less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and i n Ae a ehed aesessaiy bui4ding be b .....-ater than fiftyee fit (-5974) e fthe total _ r_ _ _._ __ of = ?e faimdatic. of t' �amd. Ord. 314 10-4-2005) b 12-6-7:Movable Storage Containers: A. Moveable storage containers shall include items commonly referred to as: "Pods": shipping containers, and or metal or wooden boxes used Primarily to ship goods from one location to another. B. Moveable storage containers shall be utilized for the purposes of moving to and from property. 41 C. Moveable storage containers shall be placed within the driveSvay of the property. -D. The location shall not interfere with traffic sight lines. E. Movable storage containers shall not be permitted on the property for longer than 30 days. F. In no case shall a movable storage container be utilized for the purposes of an accessory structure. G. Once empty the property owner shall remove the moveable storage container from the property. All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this day of November 2017 ATTEST: CITY OF ANDOVER: Michelle Hartner, City Clerk Julie Trude, Mayor 7 42 Accessory Building Sizes (Existing Reauirementsl Rummy Con ignls sized bawd on moago of lot and if, athin or outsid e.1MMUSA, 110 bulldMIx In«gases ouUld a lhg MUSA w Lessihan lacrC Ito 2.5 acres 2.5 to5acrez Stn In gems to+aer,, Shall not exceed fMadet maize of pdndpal Shall not exceed fourdatim Sze of struchere principal structure IR'.) Shall not exceed 1,200 or STA of (WA) Shall not exceed 1,200 or SDN of AntlOv¢r foundation sir Ctrulmih.1 slmdvre foundation Site of Principe IS MCI me Shall not exCcW hdlhlos pfin dled tIMcture. hR-4 max height& ]5'. Alidinder can go high erfarcertaIn agnpebuldings. Front Yord 676 FronlYarf 720 Front Yard 800. Franc Yard 1,200 front Yard 5,000 unless approved by City council Nam SaH4 Sid. rncn,Y.,d 1.000 Side or Bear Yard 5,500 Side or Bear Yard ,400 Side or Rear Yard 3,000 Side or near Yard 5.000 unless approved by City Council Oak 6rgve 3.49 acres ar It,, S.5 to 2.49 acres 3'S Ln 3'99 Oto 5.99 acres 6.00 In 9.99 acres ]Cr acrez 3,.'.00 1,800 ?AOP 3.600 5.000 9,COP Less than 1 acre 1+ares Coon Ra Ids L600 2,000 OIo.S _ 1,5 to 199 2S too 3,49 3.5tp4.49 49 [a 5..3 5.510 G!19 6.Sto7.49 7.51a6.4S 3.5to 9.49 'gi5r 9:99 301019.99 20 to 39.99 acre 5[o]ane lto 1.49 acres acres 2502.49 acres acres acres a[!CS acres acres gems a[ /e5 acre, a,., acres 40+acres Within MUSA l4ilhln MUSH Within MUSA l4ithtn:MUSA WRhIn MVSA Within MUSK Within MUSH Within MUSH WBhin MUSA Wi[M1In MUSA Within MOSA Wllhin MU9p WIIM1In MUSA Wlibin MUSA 14101n MUSH 10haf bgor 3,800 2,200 2,400 2,400 2,700 3,000 3,500 3,900 4,300 4.200 51100 S,SCD 6,000 R,000 12. mn Ramsey^ tle-s'. 11. •hsmhnlperu ODU;d5c Outs2,2 Out USA Outs.MUS Outs270 USA Ou11000 USA Ou USA Ou USA Out4300 Ou14700 Out v..,l re%.� Ou1G00 U54 Ou USA Ou112.000U5A 00 O. 2,20. 2,400 21de .400 3500 3900 5.100v 9,000 MoNli _._____ IL aril m�7nn yid^_ranfm lroin l,OiF Sm�me lnc le L>OO, nenhall the ln5al area of all st tutmS extnntl 3P porcem nl5he int arca OIdII1C Ila•.etl on %nninl: nndsVllhln nlmit�lde Mllc.\ Ilam:•• Irnm 1000,1.?CU. > Ilpn. ).00J: dt1P,M'In adds•: man square lga:ne. Rummy Con ignls sized bawd on moago of lot and if, athin or outsid e.1MMUSA, 110 bulldMIx In«gases ouUld a lhg MUSA w lyra z ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION: 12-6-1: Definition 12-6-2: Construction Prior To Principal Building 12-6-3: Building Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-7: Storage Containers 12-6-1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7-16-2002) 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12-3-562 of this title, and shall not exceed fifteen feet (15') in height in the R-4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. Accessory buildinas on a residpntial nnrnpl Impervious coverage requirements. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12-3-5 of this title, the garage will not be calculated in the accessory building square footage requirement. 44 B. The accessory buildings on a residential parcel with a lot area of five (5) acres or less, but more than one acre, shall not exceed two thousand four hundred (2.400) square feet. the total squaFe fGatage C. The attached garage and detached accessory buildings on a residential parcel in less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in Re 828e shall the detanhedaGGessGpy building be gFeate� tha prinGi^^I ^t. ^tune (amd. Ord. 314, 10-4-2005) D. All principal structures constructed within the single-family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. E. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. F. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. G. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right-of-way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314, 10-4-2005) 45 2. Accessory buildings and structures located in a yard adjacent to a County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10-4- 05) 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R-1 and R-2 zoning districts and thirty-five (35) feet in R-3 and R-4 zoning districts. (Amended Ord. 314, 10-4-05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul-de-sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4-18-06) 5. Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right-of-way on each side of the existing right-of-way centerline. (Amended Ord. 314, 10-4-05) 6. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abufting'residential zone provided herein. D. Location In Rear Yard Setback Areas Generally: An accessory building may be located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25%) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot 46 line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subject to City Code 12-6-5. (Amended Ord. 314,10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7-16-2002) G. Animals: Any building in which farm animals, pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (1001) or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8,10-21-1970; amd. 2003 Code; Amd Ord. 314 10-4-2005; Amd. 4/18/06, Ord. 325A) 12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12-14-10 of this title. F. Signage shall be subject to the provisions of Section 12-14-9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide 47 a written long-term plan for its removal. H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process. No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1-7-3A of this code. No Conditional Use Permit is needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7-6-2004) 12-6-7: Movable Storage Containers: 0 91 Moveable storage containers shall be utilized for the purposes of moving to and from a property. C. Moveable storage containers shall be placed within the driveway of the property. D. The location shall not interfere with traffic sight lines E. M 11 G. Once empty the property owner shall remove the moveable storage container from the property. 49 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • 91k.._• ._. Ylulu._L 1 AN ORDINANCE AMENDING CITY CODE TITLE 12 ZONING REGULATIONS: CHAPTER 6 ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted'pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendment to City Code Title 12, Chapter 12-6-4 allows for larger accessory structures based on the size of a Iot. Chapter I2-6-7 regulates the use of moveable storage containers. GENERAL PROVISIONS AND DEFWITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2lst day of November 2017. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Julie Trude, Mayor 50 Regular Andover City Council Meeting Minutes —November 21, 2017 Page 3 Reconstruction (See Resolution R093-17) Item Approve 2018 TimeSaver Secretarial Service Contract Item 6 prove LMCIT Liability Coverage Motion by Noodrich, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanim usiv. ANOKA COUNTY`WERIFF'S OFFICE MONTHL YREPORT Commander Brian Po from the Anoka County Sheriff's Office highlighted a scam which targets daycares in the area. He also expressed appreciation for tips received from the public in solving a recent investigation urr6unding the death of a 17 -year-old in highly publicized circumstances. He also reporte pcoming volunteering opportunities being done by members of the department. Mayor Trude thanked the Sheriffs Oftibo and congratulated Commander Podany on being promoted to Police Chief of the City of BNne. Councilmember Knight joined Mayor Trude in inking Commander Podany. Councilmember Bukkila thanked the Commander fo willing to "get down in the dirt" and take care of the community. Councilmember Goodrich stated he appreciated the additio I information the department has given the Council and community. Commander Podany thanked the Council for the opportunity to se the community for the last 20 years. Mr. Dickinson also wished Commander Podany well. Commander Podany introduced Lieutenant Paul Lenzmeier. Lieutenant Lenzme' r responded he had "big shoes to fill." He has had a long career with the Sheriffs Office and he is cited for this opportunity. Mayor Trude confirmed the City Council is looking forward to working with him. \ CONSIDER CITY CODE AMENDMENTS — TITLE 12 .ZONING REGULATIONS, CHAPTER 6, ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES AND ORDI MANCE S UMMAR Y P UBLICA TION © Mr. 7anish presented information regarding City Code amendments addressing accessory structures and movable storage containers. 51 © Regular Andover City Council Meeting Minutes — November 21, 2017 Page 4 Mayor Trude asked if all of a resident's garages together could be bigger than their house with this new proposal. Mr. Janish replied, "not necessarily." Mayor Trude then asked if the garage plus all accessory buildings could be larger than the square footage of a home, to which Mr. Janish replied, "potentially yes." He pointed out that 30% coverage of the lot size would still continue to apply. Mayor Trade asked if this would almost doubling what people can do now. Mr. Janish confirmed that was true, however, the setbacks will still have to be met. Mr. Janish reminded the Council that earlier in the year the City had a request for a variance and the Council requested that staff look into it. Mr. Janish showed what surrounding cities have in their Code on these matters. On the topic of portable storage units, known as PODS, the City is trying to make it easier for people moving to the community. The staff is proposing adding to the City Code that PODS can remain for a 30 -day timeframe and for PODS to be parked on a lot. The POD has to be on a paved surface, preserve sight -lines, and be limited to 30 days. According to the industry, they are typically on site for 1-2 weeks. If it is longer than that, it is typically stored off site. Families still Qhave other options such as having a POD moved or renting a storage unit. Mr. Janish reported the Planning and Zoning Commission voted in favor of the changes to the City Code. Councilmember Holthus asked if this matter would be one or two motions. Mr. Janish replied it could be one motion. Mr. Janish reminded the Council any new structure built has to be in character with what has already been constructed in the neighborhood. Councilmember Bukkila asked if the topic could be moved to a workshop meeting of the Council. Mayor Trude indicated she wanted to see different scenarios. Councilmember Bukkila felt more information was needed to make a fair review. Motion by Bukkila, Seconded by Holthus, to table the matter to an upcoming City Council Workshop. Motion carried 4 ayes, 1 nay (Goodrich). Mr. Janish will put some material together for the January City Council workshop meeting. Mayor Trude asked Councilmembers to forward him any questions, so he could be prepared. Mr. Dickinson encouraged concluding this by the end of February or March so residents can plan their spring projects. Mayor suggested public comments could go to City Council or Staff. © T'SREPORT City Sfapdate!d'tle Councilo n the `alYristrauojLorid city department activities, legislative updates, updates on development/CIP projects, and meeting r`emYffderommunity events. 52 CHAPTER ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION: 12-6-1: Definition 12-6-2: Construction Prior To Principal Building 12-6-3: Building Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7-16-2002) 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12-3-5132 of this title, and shall not exceed fifteen feet (15) in height in the R-4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: On all residential parcels, if an accessory structure serves to satisfy the required minimum garage area as specified in Section 12-3-5 of this title, then the required minimum garage area will not be deducted from the 53 maximum allowable accessory structure. Accessory buildings on a residential parcel with a lot area greater than five (5) acres shall only be limited in area by setbacks and maximum impervious land coverage requirements of this code. C. Accessory buildings on a residential parcel with a lot area greater than one (1) acre but less than five (5) acres shall not exceed two thousand four hundred (2,400) square feet in area. D. The total area of attached garage and accessory buildings on a residential parcel with a lot area less than one (1) acre or located in the R-4 zoning district shall not exceed one thousand two hundred (1,200) square feet total. E. All principal structures constructed within the single-family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. F. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. G. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. H. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 54 -R M 0 RW 0 PJ - - C. Accessory buildings on a residential parcel with a lot area greater than one (1) acre but less than five (5) acres shall not exceed two thousand four hundred (2,400) square feet in area. D. The total area of attached garage and accessory buildings on a residential parcel with a lot area less than one (1) acre or located in the R-4 zoning district shall not exceed one thousand two hundred (1,200) square feet total. E. All principal structures constructed within the single-family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. F. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. G. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. H. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 54 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right-of-way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314,10-4-2005) 2. Accessory buildings and structures located in a yard adjacent to a County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10-4- 05) Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R-1 and R-2 zoning districts and thirty-five (35) feet in R-3 and R-4 zoning districts. (Amended Ord. 314, 10-4-05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul-de-sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4-18-06) 5. Where less than 120 feet of right-of-way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right-of-way on each side of the existing right-of-way centerline. (Amended Ord. 314, 10-4-05) 6. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. 55 D. Location In Rear Yard Setback Areas Generally: An accessory building may be located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25%) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subject to City Code 12-6-5. (Amended Ord. 314,10-4-2005) All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7-16-2002) G. Animals: Any building in which farm animals, pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100) or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10-21-1970; amd. 2003 Code; Amd Ord. 314 10-4-2005; Amd. 4/18/06, Ord. 325A) rd 56 12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12-14-10 of this title. F. Signage shall be subject to the provisions of Section 12-14-9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long-term plan for its removal. H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. I. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. J. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process. No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1-7-3A of this code. No Conditional Use Permit is 57 needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7-6-2004) 12-6-7: Moveable Shipping and Storage Containers: A. In all zoning districts moveable shipping and storage containers shall only be allowed subject to the following limitations: Containers may be located on parcels only for the purpose of moving possessions from one property to another. 2. In no case may a moveable container be used as a permanent or temporary building or accessory structure. 3. Containers must be placed at least fifteen feet back of curb or pavement edge only within the allowed driveway and shall not interfere with traffic sight lines. 4. Containers with or without contents must not be on a parcel for more than thirty (30) continuous days. BR W CO Accessory Sketch Layout Minimuim Lot Size Max Bldg. Coverage Max Bldg. Coverage Max Garage + Acessory Bldgs. Min. Attached Garage Min House Size Max Accessory Bldgs. Current MAX OUTBUILDNGS Max outbuilding 11,500 square feet 30% 3,450 square feet 1,200 square feet 440 square feet 960 Square feet 760 square feet 1,200 sq. ft. (shall not exceed 50% foundation) 480 square feet Proposal would increase by 480 square feet Proposal still requires setbacks to be met Accessory Building Sizes (Existing Requirements) Andover Ham lake Oak Grave Coon Rapids Anoka Blaine Less than I acre Ito 25 acres 25 to 5 acN 5 o 10uN IW acN Shall not exceed foundation size of principal Shall not exceed fou odation size of structure ptlncipal structure (R-0) Shall not exceed 1,200 or 50% of (RA) Shall not exceed 1,200 or 50% of foundation an, of principal structure foundation size of principal structure Shall not emend height of principal structure. In R-0 max height of 15'. AS district can go higher for certain ag type buldings. Front YaM 5,000 unless Front Yard 626 Front Yard 220 Front Yard 000 Front Yard 1,200 approved by OR, Council Side or Rear Yard 5,000 unless Side or Rear Yard 1,000 Side or Rear Yand 1,500 Side or Rear Yard 2,400 Slde or Ron, YeM 3,000 approved by City Council 1.49 acres or less 1S to 2.49 ages 25 to 3.99 4W 5.99 acres 6.130 W 999 acN acres 10s acres 1,200 1,800 8400 3,600 5,000 9,000 W, than lacse 1. 1600 2,000 O to Sa4n Stolon Ito 1A9 a4N 1S to 1.99 2 t ZA9 no. 2.5 to 3.49 35 to 4.49 4.5 to 5.49 55 to 6.49 65 to2A9 2.5 W 8.49 83 to 9.49 95109.99 SO to 19.99 20to3999 iCN .CN iCN ame so a ifreF iLN gLN .,as an. man WI[Aln-USA Within MUSH WitM1In MUSH WRhin MUSA Within MUSH Within MUSH Within MUSA Within MUSH Within MUSH Within MUSH Wltnin MUSA Witnln MUSA WINIn MUSH WltM1In MUSH or 1,8002,200 2,400 2,400 2,200 3,000 3300 3,900 4,300 4,200 5,100 5,500 61 8,000 k.r isr L-h7h: .inside MUSA Outside MUSA Outside MUSA Outside Outside MUSA outside MUSA Outside MUSA Outside MUSA Outside MUSA Outside MUSA Outside MUSA Outside MUSA Outside MUSA Ouri MUSA 1,800 2,200 2,400 MUSA 2,400 2,200 3,000 3.500 3,900 4,300 4,200 5,100 5,500 6,000 8,000 Based on Zoning and: noes from 1056 unce feet to 1200 norshall the total arm of all strucNresemeed30 rcentofthelotarea Based on Zoning and within or outside MUSA Range from 1.000 1200 2000 3,000; CUP could allow moresquare foots e " Ramsay considers sized based on acreage of lot and if within or outside of MUM;0 of buildings Increases outside the MUSA 0 3 i ljha ..� a .S*„• (r 1 t r If Teed. f 1 153RD LN _ n � • 1 ( Il ��. R _ pp -- e a /' Rear View of 15260 Nightingale St. —Variance to size and height. 63 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 Admimstrat FROM: Joe Janish, Community Developme n SUBJECT: Discussion: Ultimate Fighting Ordinance DATE: January 23, 2018 BACKGROUND Tony Denucci with the American Wrestling Federation (AWF) approached city staff and expressed interest in setting up an event within the City of Andover either at an institutional/public or commercial venue. AWF is an organization that provides wrestling events and consists of wrestlers that compete on a local level as well as those who have worked with the WWF, WCW, ECW, MLW, and NWA. Due to the current Ultimate Fighting Ordinance prohibiting "Ultimate Fighting" regardless of how named or described and defines "Ultimate Fighting" as any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, feet or body, the event cannot occur within the City of Andover. ACTION REQUIRED Staff recommends the City Council discuss the possibility of allowing this type of event to occur and if desired, staff will move forward with a potential code amendment through the regular code adoption process. Restful/`jy- ubmitted, Joe Janish Community Development Director Attachments AWF Packet Current City Ordinance 5-8 ULTIMATE FIGHTING Past Agenda Items related to Ultimate Fighting CHAPTER8 ULTIMATE FIGHTING SECTION: 5-8-1: DEFINITION AND PURPOSE: Ultimate fighting is an activity, regardless of how named or described, of any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, feet or body. This shall include, but not be limited to, any contact where kicking, punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health, safety and welfare at great risk. (Ord. 362, 2- 19-2008) 5-8-2: PROHIBITED CONDUCT: It shall be unlawful in any public or private building or place to organize, permit, be present at, or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball, soccer, baseball, football and softball, are not included among activities prohibited by this section. (Ord. 362, 2-19-2008) uollvjGqpGqj ueai,�awd American Wrestling Federation 612-669-9730 www.proawtcom The AW would love the opportunity to come to your town. We have had much success at our school events and other venues. And we are looking to expand our audience base. Please check out our shows: Sunday Shockwave CWTWINCITIES@11 am Sunday mornings. We are very confident of a successful event. Please take a few minutes to check out our website and Sunday Shockware on YouTube We look forward to hearing from you to discuss this opportunity with you further. Sincerely, Tony Dengef�� tony@proawf.com 612-669-9730 American Wrestling Federation 612-669-9730 To: Event Coordinator Professional Wrestling is the most successful form of entertainment available today. Professional Wrestling attracts over 30 million male viewers aged 18-34 every Monday night, over twice as much as Monday Night Football. There are an estimated 20 pay-per-view events each year ranging in cost from $19.95-$39.95. Currently the highest rated cable television show is RAW, on USA and has held that position for over 7 years, even when the show switched networks. Tough Enough is the highest rated show ever on MTV. Within the last year Pro Wrestlers, The Rock and Mick Foley, have both authored books that reached #1 in the prestigious New York Times Best Sellers list. The World Wrestling Entertainment is now ranked in the Fortune 500 and is a billion -dollar company. The WWE also publicly offers company stock for sale on the NASDAQ market. We have been organizing Professional Wrestling events on a local and National level for 5 years. Our main talent roster consists of wrestler who competes on a local level as well as those who have worked with the WWF, WCW, ECW, MLW, and NWA. Our promoters have the capability to obtain the services of current national names of WWE fame not under any contractual obligations to those companies. Also accessible to us are specific wrestler that are under contract. We feel that a Professional Wrestling show will attract a capacity crowd, in that important age demographic, with a large percentage consisting of fresh clientele. Amerman Wrestling Federation 6/2-669-9730 Recently, the AWF held a major show at a large church in the northern Twin Cities area of Minnesota. Those that attended the event were captivated by what they saw and intrigued by the message. The wrestlers who were on the roster that night were impressed with how smooth everything worked and how well the show was put together. Jack Vanada, Sr High, Pastor had this to say about the event. "Our church is all about using unique opportunities to proclaim the gospel. The AWFallowed us to be part of sharing the truth with a crowd that normally wouldn't come to a church. It was an awesome night.) A total blast for all who came!" Print I Close Window Subject: aft: Sabrina From: Toby Patchen <driverxxv@aol.com> Date: Mon, Dec 14, 2015 8:48 pm To: tory@proawf.com To Whom it may concern, My name is Toby Patchen of the Cambridge-Isanti Special Olympics. I am writing this letter as a ringing endorsement of the AWF and their employees. In the 7 years we have put a show together with the AWF our j group has had nothing but a positive experience with everyone from Tony and his Family down to the ring set up i crew to the performers, all conduct themselves in a professional manner at all times. I wanted to run you through a typical "show" day to help ensure a positive and successful event. First: a few hours before the event a professional ring crew arrives to set up the arena. The ring is assembled with I military precision on a set of non -marring pads to protect the floor surface. The sound crew arrives and in a short time your gym/room is a pro -wrestling arena. Second: Tony and the other performers begin to arrive, again in seven years we are yet to have a single issue with anyone involved with the AWF, they find their designated lockerfdressing room and prepare for the event. Third: your crowd begins to arrive and is welcomed with some of the sights and sounds of a true Professional Wrestling Event. This is and always has been an ALL ages show for the entire family that leaves nobody disappointed. On the financial and we have came out very well, as this company grows so do our shows. Our last show I was our most successful fundraiser to date, with the growing following of the AWF so grows our attendance. This is a double bonus as it not only gains your group more exposure but results in added sales at the concession stands. We have worked hard to make this a strong part of the shows we involved with and has resulted it great extra fundraising source. 1 hope this letter is helpful with your decision to work with the AWF and their employees. Should you have any questions or concerns please feel free to contact me at driverxxv(ftol.com or 763-274-8806. Thank you Toby Patchen Cambridge-Isanti Special Olympics Copyright © 2003-2015. All rights reserved. httpsJ/emai114.sec eserver.neWiewyrint_multi.php?uidArray=8403liNBOX&aEmlPart=O 111 Dondi Winkelmann CP Takedown Club, President Champlin Park High School Champlin, MN 55316 SUBJ: Letter of Recommendation To Whom It May Concern: I just wanted to write a letter of recommendation regarding the AWF and Tony Denucci. The professionalism that this group demonstrates goes above and beyond. This includes helping with the advertisement of the show, helping in promoting the show with the club, helping the club get sponsors for the show, and then requiring a small down payment and giving all the money after that payment back to the club. Selling tickets is probably the easiest part of this show. Tickets are $10.00 an adult and $5.00 for children and senior citizens. These tickets were easy to sell as you are offering a live show that will be taped and seen on TV a couple weeks after the show. Our show that we put on back in November of 2015 had a total selling of just over 2000 tickets. Our goal for this show was to sell at least 1500 tickets. Working with Tony Denucci makes putting on a show like this easy and enjoyable. There is a lot of hard work in getting the advertisement out and then having your club get out and sell the tickets. But with the enthusiasm and motivation that Tony Denucci offers to the club is amazing. He gets everything that he can to help with the selling of the tickets and the advertisement. He will come and talk to the kids about how to sell the tickets and get them motivated to sell them. Everything we did to get these tickets sold was promoted by Tony and his plan for getting people into the gym to watch the show and make money for our club. The day of the show, the AWF Set -Up Crew came in and put the wrestling rink and stage together taking care of not to scratch our basketball gym floor and ensure that when they left the building, it was in the same shape as it was when they arrived. We made suggestions regarding where to place certain items and, not that they always agreed with us, they listened and took our advice on certain suggestions. I was very impressed with his Set -Up Crew and the way they conducted their business. I have had the pleasure of working with Tony Denucci and the AWF staff for 2 years now and have thoroughly enjoyed the professionalism and excitement that they supply. The excitement, motivation, and fun that they put into each show is awesome and motivating. And the best part of the show is afterwards: people who attended were thoroughly impressed with the show and wanted to know when they were coming back. This is a great fundraiser for any club and it is a great event to be a part of. Dondi Winkelmann President, CP Takedown Club * * PTESTIMONIA , LS American Wrestling federation I have been out of professional wrestling for a number of years in order to commit my weekends to my family and church. However, when Tony DeNucci approached me in the gym one morning about getting back into the ring for an event at Grace Fellowship Church I had to say yes. I couldn't help but think it was another part of my life that God was going to bring into His use for His purposes. The Lord brought me to Minnesota from Wisconsin in the spring of 2000 for a number of reasons: He brought me into the flock at Riverside Alliance Church in Monticello where I've had the privilege of watching some very fine young men in my youth group mature in the Spirit. It has been an eye-opening experience for me to see how God is using my past experiences to help these guys find their way in their faith. I was also brought to Elk River in particular to become involved with Chuck Ripka and the really cool things that are going on in this city in terms of faith and ministry. the workplace. God is using businesses in Elk River as places where His Word is honored and people are ministered to on many different levels: I really feel a strong calling inthis area, and Chuck Lias helped.me to be bold in showing other people in the work placethat there is hope! The Lord has quietly turned a handful of believers here at the dealership into a flock of almost half of our employees... who in turn have themselves become lights to those around them. I feel humbled and fortunate to have an opportunity to be able to serve with Tony and the Road to Victory. The Lord is showing me that there isn't any part of my life that he can't use to help bring people to Him. 79600 Hons Sf N.W. Fes; yj�� E//t R1vei MN 53330 An Equal Opportunity Employer Independent School District No. 487 415 South Main Street Upsala, MN 56384 Serving ... The Elmdale, St. Francis, and Upsala Area Nick Klug K-12 Dean of Students High School: 320-573-2176 December 12, 2015 To Whom it May Concern, Vem Capella SuperintendentlPrincipal of Schools District Office: 320-573-2174 Fax: 320-573-2173 Colleen Herren Business Manager Elementary: 320-573-2175 I am writing this letter to inform you about the privilege 1 recently had working with Tony DeNucci and AWF Wrestling. We held an event here at Upsala Area Schools and have nothing put positives to share about the experience. For those of you who do not know, Upsala is a small community in central Minnesota of about 400 people. Tony's wrestlers were professional in every sense of the word! They put on a fantastic show and were professional throughout. When he says the show is family friendly, he couldn't be more right. Kids, adults, and even senior citizens enjoyed the wrestling action. The best thing is we raised funds for our athletic department and hardly had to raise a finger. If you are looking to raise money for your school or organization and what an entertaining product, 1 recommend AWF Wrestling. I hope to bring them back in the future! Sincerely, Nick Klug Dean of Students/Social Studies Teacher Upsala Area Schools July 30, 2015 Greetings! I am writing today to let you know what a wonderful experience we had hosting the AWF (American Wrestling Federation) at our church this month. We contacted Tony Denucci about participating in our event in the late spring and he was more than willing to work with us to fit the needs of our particular event. We were able to use the AWF in a variety of ways to draw students to our event and to help them learn more about Jesus. Let me tell you a little more about that. Our event was designed for 61h -81h grade students and was a week long program each evening from 6:30-8:30pm. We planned to host the AWF on Tuesday night of the week. We let students and parents know we were going to have LIVE WRESTLING at the event, and many were very excited. I had more interest in the wrestlers than in really any of the other special guests we brought in for the week. We worked with Tony to create a 2 match experience for the students — including the full 18'x18' ring on our stage, an experienced (and excellent) color commentator, referee, 4 wrestlers and a manager, intro music for each wrestler and more. We also filmed the story of how Tony decided to follow Jesus, played the video in the service and interviewed Tony live about his faith in Jesus. The students absolutely LOVED the wrestling. Within the first few minutes, all 750 of them were completelyengaged —cheering, booing the bad guy, chanting encouragement, etc. At the end of both matches students ran out of their seats to go and congratulate the winner. It was SO cool. Following the wrestling, we showed Tony's story and talked about Jesus with him. Students were VERY moved by his faith and many stepped forward to make a commitment to faith in Jesus that night. I highly recommend working with Tony and the AWF for your church event. It's a wonderful organization and Tony is a delight to work with. Sincerely, Joelle Hassler Middle School Teaching Pastor, Eagle Brook Church srnR axOTOsev nevxcn wl&FI:A HE AMERICAN WRESTLING FEDERATION'S WILDCAT LIVED UP to his name Friday night as he did a backflip off the top rope and landed on his opponent, Paul Brewski, during their match t Hutchinson High school. The AWF was in town to tape its weekly show, Saturday Night Slam, and help Hutchinson raise money for its remodeled training facilities The HHS gym was packed 1=i'iday for a live taping AWF-ROCI(S -HUTCH I of AWF Saturday Night Slam to help raise funds for Hutclis renovated training facilities IUTCHINSON TEACHERS BRIAN BEFFERT AND CHAD HARLANDER, or A FEW YOUNG WRESTLING FANS TAKE IN THE ACTION UP CLOSE during an AWF title match between Craven reef and Harley as they are known as in the ring, got some action during Knyte and Ariya Davari. Knyte was able to delend his tide, and give Davari a good whooping after he did a little he main event — the Hutchinson Rumble. Beef was the last man standing. fresh talking before the match about Hutchimoris training facilities. AWF packs fans in by the thousands The American Wrestling Federation brought their show to Elk River recently to raise money for the Elk River football program. The show was attended by more than 3,500 people, filling both sides of the gym, plus chairs were placed on the gym floor. The action (above) includ- ed Arya Daivari knocking his opponent Nicky Kruse into the turnbuckle. In the shot to the right, Tony Denucci, the man behind the show, took on the 7 -foot, l -inch, 410 -pound Thoref in a match. These Saturday Night AWF Slams will start airing in April on Channel 45. Finning down a good time NATHAN f IANSEN i INDEPENDENT ToWN PAGES An appearance by the American Wrestling Federation drew a large and enthusiastic crowd to Central Park Saturday night. Leprechaun Days benefited from clear skies and warm weather throughout its 10 -day run. For more photos turn to 8A or visit rosemounttownpages.com. v N. [1 N6Nbt r t 1 0 mmusmnosassms Clockwise from upper left Six Pack in the house Tyler "Six Pack" Soder- strom Came to the aid of Johnny Parks. Zimpel gets his licks in The battle spilled out of the ring, and Dwayne 7Jmpel landed some hay- makers against John Johnson. On the prowl wildcat was a hit with the kids. Sign me up! Crowd favorite Tony De- nutci signed everything but the basketball hoops. Don't tempt me! Shawn "Wreckin' Ball" Willis was fully prepared Ida get busy with a folding chair if the need arose. is Wednesday, Dec. 266 issue: Deadline: Friday, Dec. 21 st at noon Wednesday, Jan. tad issue: Deadline: Friday, Dec. 28th at noon 7��0{�rt�� Mille tan Isle Oeka (320) 6763123 lr�l(�SCnbLr Fate (3a)FarA7lt)�67768e4500C Allan Office: (218) 927-3761 orf -800450.3761 surrtUL f}ave a farurc � /W" a' waaa Swml a From page 1 Early ice "I'll go set up in about 12 or 13 feet of water." he said. "There's a fairly gradual break out them from 9 to 12 fem:" Hough likes to ser up on the deep and of the that break. While the Garrison break isn't exactly a eldL it's enough to keep the wmlleyes moving through. On the north end, Hough recommelMed going out to the more precipitous 10 to 17 - foot breakline and, again, fish- ing the deep end of it. "1 like to jig with both hands," Hough said "I'll use Swedish Pimples or Vinglas(spoons)— it does. n't really matter what you use:, On the east side of Mille Lacs Lake, ice guide Brad Hawthorne is looking forward to hitting his favorite rock piles. "Go out as far as you can safety:" Hawthorne said. "These fish arc really stupid and easy to catch under the early ice. Shoos. they haven't even seen a lure or heard a motor in over a month:' Hawthorne hits rock piles in anywhere from 12 to 20 feet in the first half of Dccemnber. A. far as bait goes, he ullcrnntc, between a blue and white lid ounce Kastnmstcr spoon or plain 06 bronze hook with a rainbowehub. "We always we a ton of wadIcycs under the early lee m the shallows," Hawlhome said "They haven't been spooked out into the deep yet" Tim Chapmanol'Chapman s Recon m Isle has a potluck of fish tochoose from In Isle Bay, and he's going after all of them. "I'd set up a up up in about 7 to I I feet of water with a sucker on it for the north - ems," Chapman mrd. "You'll get big walleyes cruising through on that, too:' Chapman said weed Imes would produce panfish and largemouth bass as well If it doesn't pan out in the shallower water, set up near some wads in I I to 16 fact of water:' Chapman suggested. "A jigging rap with a redhead on it is always a pretty good Ind, or maybe a buckshot spoon ' Chapman likes to work his luras about 5 feet off the bot. tam for stmers. and if that doesn't work. he slowly lowers them. "I'll bounce them off the bottom for a while. too:he No comment needed. said. "if that don't work, 1 move, and keep moving, until I find the fish:' If the water is clear, Chap- man likes to drop a parch col- ored lure through the ice. "if it's soupy, I'll go with a glow." Always check mils the bait shop or resort closest to your fishing derrinurion for ice thickness and conditions. Stories wanted We always welame Ideas for human Interest starter. Send Your viggesdons to news@1 mllltlaamesrega-.can, ar adl (320) 676-3113 and ask for Diane, Rob or Brett. o flare some V1RyK No comment needed. said. "if that don't work, 1 move, and keep moving, until I find the fish:' If the water is clear, Chap- man likes to drop a parch col- ored lure through the ice. "if it's soupy, I'll go with a glow." Always check mils the bait shop or resort closest to your fishing derrinurion for ice thickness and conditions. Stories wanted We always welame Ideas for human Interest starter. Send Your viggesdons to news@1 mllltlaamesrega-.can, ar adl (320) 676-3113 and ask for Diane, Rob or Brett. Barrett Bllzzara Braw( Sy Sb �tm{aM do m'v:ta elmn NIONaPycm'M1 WAn w W P.a SMUtco tght fu Maw m.erne N.Wruw�Me.wndYma.wN 1Ye NWF p le be ) S iuEeY n9e11> a mrlq Ndi d xve:tlnp xlw2 ✓'h^<)Canci Wrev mrn AWF'Btl (Yrf am".n. wro eNe ro Nwew a upleem niN n 9Te Fnga�ufm lna ivp�: m rliaxc,knrvry Pere. v.n`e IN seObSvian4e.l.meaareNlm"pn mc... v.n NeNei rob+la• peelnv.m.ome ne.r rav a vnvei.iv. 'The Sheik" keeps his belt AY BIe QNeIM 01 1nNy.'flp BRl. C.haXlinW w dwwranb an .ron .na am.enW aa.,dm w tllb Ntlp NY melts dtlM NYR Grudge match menpupmduaaaip xm emddlnelneen dp Jd�n dm�a� ma s.mmvvwn .roman lua wc.e FMkn Imdw eemltr.dFmromerNBeveNRMWC/x'µlLLy roan 6u�btGvuMr'NFn.• tl�OpkmYMa�Ibm9NwnY Iroo Maa+l Nm. Boer awn as pa."eq.roman w ep=wl w wroaw.s. an ww Sn.ae pa N NWllb. amawx jela.0 N aq pN.IdNan N. M KbM (aWek bM1�. Zbp}II mlatvb b/npply MrlwW. W MMMb npM1b. Mcbar bNumGeW enedwtl pbenl an dNe am o4 Q� rM ia;.,.. ...a ago TP ,. jog S 1 Playground to A16 )P, - Teachers Teachers get ready to rumble BY ANDREW BROMAN EDITOR Two Litchfield school instructors are ready to get bruised, and maybe a little bloodied, for an American Wrestling Federation event to take place April 13 at Litchfield High School. Jim Jackman, speech clinician and coach, and David Ceasar, high school band director, will wrestle against two Hutchinson teachers to raise money for new exercise equipment at the high school. The equipment, such as treadmills and stationary bikes, will give students more options for cardio workouts and willbelocated next totheschool's weight room, according to Jackman. Jackman, who competed in a similar event in Hutchinson on March 8, said he still has bruises from his previous match. One day after the match, Jackman said, his body felt like it did after play- ing a football game in college — stiff and sore. Jackman competed with his"masked partner" Danny Estrada in the AWF Wright County Championship, which served as a fundraiser for the Hutchin- son High School weight room. Jackman and Estrada lost the match after a 15 -minute bout in the ri itg with the "tag team duo" theyfaced,accordingtoLiteb- SUBMnTED PHOTO Jim Jacknian, pictured at left, and Danny Estrada hold up belts before competing in an American WrestlingToundation match. field High School Principal Adam Holm. The goal is to entertain the crowds, but the wrestling moves in the ring are for real, Jackman said. "The biggest thing is you want to be safe," he said. "It can be dangerous, life threatening if things are not done the correct way." While Jackman has some experience in the ring, his partner, Ceasar, does not. "I'm fully expecting to get beat up, bruised and possibly bloody," Ceasar said. Ceasar said his strategy in the ring "might come in the form of punches or runningreallyfast" "I'm not interested in getting killed," he said. Ceasar said due to scheduling con- flicts, he missed an opportunity to at- tend a recent training event for rookie wrestlers. "Pm going to be walking into this thing pretty much blind," he said. Jackman said he'll make sure Ceasar has success in the ring. "He's not a real big guy, so he's going to have to move around," he said. Jackman expects a paramedic, and possibly an ambulance, to be at the match. Ceasar said his wife recently lowered the couple'shealth insurancedeductible as a precautionary measure. But at least both Wren will we be tak- ing on risk for a good cause, they said. "It's all doing it for the kids," Jackman said. Five other matches are slated to be on the schedule April 13 in Litchfield. Former Olympic Greco-Roman wrestler Chas Betts has also tentatively agreed to wrestle in the match. More 'IAf®rmafiu, Tickets for the April 13 wrestling match, featuring Jim Jackman and David Ceasar, can be purchased in advance at Litchfield High School Activities Office. Prices in advance are $5 for students and $10 for adults. Tickets can also be purchased at the door on the night of the event. Prices at the door are $10 for students and $15 for adults. INSIDE BACKTHEN/86 BULLETIN BOARD/B5 CLAS5IFIEDS/AI2 COMMUNITY/B7 CROSSWORD/B6 FAITH/64 KIDS CORNER/66 LOCAL/A3 OPINION/A4 OBITUARIES/A5 PEOPLE/132 PUBLIC NOTICES/A9 SPORTS/A6 School grappl budgel Reducin€ personne `logical p to start; 1 members BYJENNYBERG STAFF WRITER Litchfield Sc sidering persor to overcome a deficit next year SuperintendE the board at its n "tricky questior letting go of em continue provil education for Li "We value o care for them. � them as good nu Frazier said."H with a decision for kids in term opportunities, i say we need to TO REACH US PHONE: (320) 693-3266 FAX: (320) 693-9177 E-MAIL: NEWS@INDEPENDENTREVIEW.NET OR ADVERTISING@INDEPENDENTREIVEW.NET Budge 4th Congressional District GOP taps St. Thomas law prof McCollum routs Maplewood's Longrie for DFL By :111 Salisbury bielilo., ohnut.W.U. ,:ihou A U.S. 1:,I,. 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"ocrats ,od., :ChA:nf.,gaaAjrAt, ❑t.,Ane,.nd Restrain for Below right: Kadfland, left, and Tyler Poulson, center, and Brady 'Neill an the mat during a flow too weekend at the Hastings High School gym. Above: Wrestler Lanny Lane sladds a heckler as he keeps Cory 0 RONEERPRIESSIAHEYMS:J0191AU A Kirchoff, all of Pionoorta. Wis., mar as wrestlers throw fake punches and head -butts. With budget cuts threatening athletic programs, high schools across the metro discover pro wrestling shows are crowd-pleasers andgreat fundraisers By Markell� Miranda carmadelioafea,,,press.,ors oldI � , 1%) florcel) *_ _ w � .1 C."(11boalld I I W .,You A Notilt, had to 01 Ito I Al-Paullad %,110 tilt, had ..atAnd I ' gt "L, ., le) w, I d in then ll- at H.. gs HIA, � A - oA- hejustkAA,,vrh,Antoc;Wri;a I A I. In � his homemade. Ar­:A,t -slabled pim - A box s,L:n snit! ;J,r'7,,qy Lm,." 7bewasitin!sbunciras 'I'm and not too riolent., Neany saj& The el, Id. oz. I by the American Val a; Wresuing]"'Itiation rasa fiandraksnrfor rant w the 11 dater A, LT. Add help Laid E'de'. High Schoolto an on , h„. t a shrm. fui for Its Jlll� ..'an. �sfling lots 1, mal: for schools z. 10 r, 'It 11101, r Pro;:ms All the ring, liter - +,I) , , IA Ricer.'jVera ad looking at out mr, local 1)1::.in,. pay to sponsor file I .I, s ol.. IAAAPe Its wrestling shm, In , A it h• ;) save Its B-lovel kids' schools and Mrg him proal ams arebediagetit-II'LlAtinclotourfliI of y %%Tes&rs, %VhUe hands rale in revenue tram ticket t "it coal iLsion sales, Welder tell nu Lt. "is. '.wing back and 11,1filing funine genera. 'dons said Iffic nAxx1.',aAkIDAL,H AVeb)l;,; enjoy the same OpnulmdHes lv, 11.,, a %vin-uln for everyont,” he said ValWe In udir I for the American A%A,Aeloven." -tilling UNhantion, ubkb is tas,I in Thr shanA, %York$ Ann fund, alser ble,,ace VARESTUNG FUNDRAISERS. Sit, Aaron Corbin, on 11.1-, at left, and J imn'Ale­on. ,_:Alec, of the American Wresting ., u. unit the on,,al at their Hastings match. Assistant Principal Jim Wagner, far left above, wrestled in the night's main event against Adnan Al-Kaissie (in the turban) and Superstar Tony Denucci (blue trunks). Below, Wagner cracks some heads. Photos by Jason Kisner Assistant Principal Jim Wagner returns to the ring to help raise funds for fitness Professional wrestling returned to Monticello High School on Saturday as part of a fund-raising effort for new fitness equipment. Assistant Principal Jim Wagner participated in the night's main event, a six -man tag -team match 111111 had fans whooping and hollering. Wagner. who w restled in high school and played football for St..lohn's Uni\er,ity, said he felt nervous to be getting hack in From of",, crowd again. but his nerves settled once the hell rm)-. "The crowd got a good show. It was enici iaining. Wagner said. The event drew about 1.200 fans in the hick uhool field house. Proceeds from the night \� ill he used io hell} purchase new fitness equipment. bul Wagner said Ihr event didn't draw enough customers to purchase the equipment. "We'll have to put our heads together and conic up with something else to raise more money." he said. Is that a rematch we smell? January 12, 2017 Volume 141 `w/ Issue No. 2 10 Pages 'Ville City icil holds anization g Tuesday City Council held their ral meeting Tuesday, Jan. 3, mimously approved a num- ts and individuals to serve involving city government financial depositories were city funds. They included Naterville Branch, Elysian 1M Fund, Northland d Trust Services, Robert W. .S. Bank. I LIFE was named the offi- as named city treasurer. Chief of Police John : assistant weed inspector. Has appointed the zoning is named acting mayor. Tim Smith, and Alan appointed to the Audit was appointed to the nmittee. < (Jason Femrite) was leering firm and city engi- k signers are Mayor Alan stmtor/Clerk Teresa Hill, son. Acting Mayor David Member Jennifer Grobe. was appointed to the rent Commission. continue as the city attor- s will be Abdo Eick & the Human Resources :hmidtke, Roy McIntyre Matthew Duhme (fire ), City Attorney Jason nember) and Teresa Hill received and approved :he fire department, plan- mmission, and economic y ;dule was also approved. Jay Schneider Am Bob Slechta of Waterville posed with a World Heavyweight Championship belt during the Waterville Warwne American Wrestling Federation pro wrestling event held Saturday in Waterville. More than 500 people attended the show, which was a fundraiser for the local wrestling and track teams. Right, Josh Price puts a hold on Randy Raynes dur- ing one of the six matches. More AWF photos inside on Page 8. ish.in.a family hht"ry WEM of Edu elects c for 2 Jay Schneider LIFE/Enterprise The Waterville -I Board of Education organizational meetin. Before the meeti. Androli was sworn Stangler will be sw January 23 meeting. All four WEM Sell who served the last tv to their positions. Tom Little was or the board chairperson. Dan Houlihan 1 named the board vice Jay Schneider was L the board clerk. Gary Michael was treasurer by a unanimc In other organizatit ness: • There will be no c dates and times. The each month will be th the regular monthly me time will be 6 p.m. SF scheduled for the secot month if at all possible Meeting dates for year are Jan. 23, Feb. 2 24, May 22, June 26, Sept. 25, Oct. 23, No-. January 22, 2018 has b for the annual organizai • The official bank d school district are F; Waterville, Elysian Ba. Community Bank of Minnesota School Disi Fund, with Frandsen Bt checking accounts. The business rranag, dent have the discretioi funds, electronically as i in short term CDs on th The chairperson (Tor (Jay Schneider) were au Board to 8 • Waterville Lake Region LIFE/Elysian Enterprise, January 12, 2017 Phis unknown wrestler shook hands with the crowd on he floor level before winning his mg team match. Rig Sepp and his cohort in the match were delivered some punishment during their tag team match. The AWF World Champion Jaden Roller gives a kick to Leonard Literacy, one of the night's villians. There were a ton of hand chops to the chest during the Rig Sepp decided he needed to ase a chair to win this two hour event Saturday in Waterville. match. High flying action at the provided by the American fundraiser for the local Ng Josh Price from Thief River Falls was not a fan avorite for his comments and for his elbow smash to tardy Raynes. War at Waterville Saturday nib Wrestling Federation which wi wrestling and track programs -AWF wrestling event was entertaining boos, and good guys with cheers. Not all of the action was confined to the ring. Rob James, who proclaimed himself as "Mr. 6";) body fat", made no doubt of his contempt for Melrose and the area residents. His comments did not go unchallenged. When James said no one from Melrose would face him, Ervin "Junior" Bueckers stood up — and James backed down. But .lames tended to back away from most contc.tan[s that night and lost thr only match he had. The contests that evening were taped for replay on Channe145, they are expected to be run in it few weeks. According to Denucci his crew had a count of 1283 people attending the event. "That's a success," he said. The proceeds from the evening went to the Melrose Area Public Schools technology department. Uole and Candence Koste had a chance to meet with Tony Denucci at intermission. by HERMAN J. LENSING STAFF WRITER Melrose -There were a lot of words used to describe the American Wrestling Federation (AWF) appearance in Melrose on March 12. "Entertaining" was the ^ord most used, however. That is what Tony Denucci of the AWF wanted to hear. "We don't need the garbage," he said. The six matches featured that evening usually had an obvious bad guy wrestling with an obvious good guy. From the start until almost the end of the match, the good guy would be thrown around the ring. He would be beaten, just barely able to breath, but some how, some way managed to come back and score a vic(ory. The audience, of over 1,000, loved it and readily responded to bad guys with Arya Daivari showed his athleticism as he leaped over Mickey \Vipeout in their contest. Juan Martinez, Salvadorc Martinez and Gabby Martinez cheered ns their �\ restler rallied against :or opponent. A homecoming in the ring Rosemount High School graduate Tony DeNucci is bringinghisAmerican Wrestling Federation show to Leprechaun Days Nathan Hansen Editor The last few weeks have provided lots of little reunions for Tony DeNucci. As he's made the rounds around Rosemount putting up posters for the American Wrestling Federation show he's bring- ing to town July 24, he's run into plenty of people he knew when he was a student at Rosemount High School. It's nice, he said. It's like coming home. And that's what makes this weekend's show American Wrestling Federation to Leprechaun Days Saturday. seem like a great place to finish a journey that began three years after he graduat- ed. That's for later, though. For now, let's go back to the beginning. DeNucci went by a dif- ferent name when he was a student at RHS. He was Todd Perri, a wrestler for the Irish and a hurdler for the Irish track team. He was a running back for the Irish football team, a sophomore when Rosemount won the state title in 1982. And, like plenty of other teenage boys, he was a big fan of professional wrestling. He and his friends would try to duplicate their favor- ite high -flying moves in their basements. DeNucci never wrestled in college, but while he was training to become a body- builder in 1987 he worked out DeNuc i • Page 2A DeNucci says his match Saturday in Rosemount will likely be his last as a professional wrestler DeNucci From to at a gym frequented by a few professional wres- tlers. One of them, Shawn Michaels, told him he should give wrestling a tryDeNucci thought it seemed like a ridiculous idea. "At that time we didn't know it was entertain- ment," he said. "We thought it was the real deal." He figured he'd give it a try, though. He signed on at a amp run by Minnesota wrestling pioneer Vern Gagne for his All Star Wrestling Association. The amp was brutal. It was day after day of mar- athon matches, weightlift- ing and other exercises. all meant to weed out any- body who couldn't cut it in the ring. "I fell and bumped so many times during that amp I actually had to get the water drained out of my spine because I was getting numbness in my left foot," DeNucci said. "We used to do the Hindu squats, the front squats. until we threw up." DeNucci isn't a tall guy. He stands a little less then six feet by wrestling stan- dards. While other can- didates went into camp wanting to be the next Hulk Hogan. DeNucci knew that was never likely to be his fate. He just want- ed to be a part of it all. He was strong, and he was athletic. And he had one thing in his favor when he met with Gagne. "He said. 'You're an Italian. We need an Italian,'" DeNucci said. DeNucci made it through camp and joined the AWA circuit in 1988. His first match was at the St. Paul Civic Center, and over the next five years he wrestled with some of the most famous of the ,o ly wrestling stars — Lary Zbyszko and Rick Flair and Jumpin' Jim Brunzell. He was rookie of the vee• and was the TV champion at one point. "I was very fortunate." he said. 'The thing that I had was. 1 wasn't 6-5. but I had a lot of athleticism. I did have that natural con. nection with the audience. It just came natural to me. that very charismatic type of style." Performing runs in DeNucci's family, even if none of it ever involved a well -executed body slam. His father was a gospel singer, and his mother was a professional dancer. His brother Jason, a singer who lives in Nashville, will also be on stage Saturday in Central Park, perform- ing with )its band Perri & Varner. DeNucci is sched- uled to join his brother for a song or two. DeNucci believes his abilities as a performer helped him in the ring as much as his muscles. "Wrestling is the kin- gest-mnning shote in the history of able 7V," DeNucci said. "It's an an form. It :s physical.l'ou an take that audience and you an get that audience to do certain things. Certain reaction." When the AWA fold- ed in 1993, DeNucci joined another league based in Memphis. Tenn. He stayed there for a few years. but eventually he missed home and the fiancee he had here. He quit wtes- ding and got married. He started competing in body- building and he won the heavyweight division of the Mr. Minnesota Inmpe- tition in 1995. He was happy, but weightlifting trophies don't pay the bills, so in 1997 DeNucci started working with the World Wrestling Federation — now the WINE. He was never a major star. but he was making good money to wrestle. He was also missing a lot of time with his oldest daughter. So, DeNucci quit and became a finance manager for a Twin Cities car dealer. Wrestling has a way of getting into your blood, though, and DeNucci still had the urge to get into the ring.'rhat's why he started the AWP. At first. DeNucci ran the shows on the side. His first one was in n church. Then, someone asked him if he'd ever do something in a school. He went full. time with the AWF seven years ago, and ]set year he did 34 school shows in nine months. He's already booked through the com- ing school year. The shows are a suc- cess. DeNucci believes, because he stresses fam- ily values. There are no women in skimpy outfits between rounds. There's no swearing. Just wres- tling. In a lot of ways. it's going back to DeNucci's rots in the AV✓A. "I'm selling an old - school good guy and a bad guy," he said. "It's got all the high impact of today's wrestling without all the garbage.' Now. DeNucci has his men amp where he puns prospective wrestlers through their paces. He's got a IV show that runs Sundays on the CW net- work. The show Saturday in Rosemount will be recorded for airing 30 days later. "They call me the Italian vmsion of Vern Gagne:' DeNucci said. 'That's the most ultimate compliment 1 could have. To this day, the men of the AWA — all of them, they're my heroes. Those guys are my heroes because they didn't have to lower their mentality and they didn't have to com- promise their belief to be good at what they are and to get known for what they do in the business." DeNucci doesn't wres- tle as much as he once did, but he still gets into the ring. That's why he was excited about the idea of bringing the AWF to Rosemount. It's a home- coming. a chance to bring his passion for wrestling back to where it all began. It seems like a natural bookend for a long-run- ning career. That's why DeNucci says his bout Saturday will "more than likely' be his last. "My wife has been tell- ing me it's time," he said. News A of the IAl�eek Tony S 2 by Sp T a1v a1 _ with a vice grip. A Christian pro wres- tler with a squeaky - clean image, along with a separate career in auto financing, this Elk River resident is best-known locally for his fund rais- ers to help sports teams with American Wrestling Federation shows, which he owns. But he's only been here six of his 44 years. He's had an inter- esting life. Here's a look. Born in Philadelphia to "a very old -school Italian family," he retains a dis- tinct South Philly aura even though they moved to Minnesota when he was 8. He starred as a running back and hur- dler at Rosemount, help- ing the Irish gridders win a state title. Denucci didn't pursue college sports ("I knew I'd have to concentrate on my grades") but got into weightlifting zealously while earning a business degree at Colorado. "I always loved to see the changes (in his body) ,° said Denucci, a physical gem ever since, currently 5-11, 244 pounds. r While lifting at an t Apple Valley gym where several pro wrestlers worked out, he was urged by two of them, Shawn s Michaels and Marty . Jannetty, to "Go see 1 Verne." That would be fi their boss, Verne Gagne, ti legendary grappler who s owned the American b automobile business. Ir the ring he's been with Gagne, Jerry Lawler; USWA, the WWF, d now the AWF, whichanhe started five years ago. In the auto biz he's been with Morey's Subaru and then Elk River Ford. The Denucei's — he and Sabrina have three daugh- ters — spent four years in Florida but weren't crazy about thgg� .�s�chools there. A bank .'8)� works with hooked him up with Elk River Ford in 2003. He loves both jobs but they took a toll. Three months ago, he finally felt secure enough to go with wrestling alone and on his own. "I never trusted wrestling enough to do only that," he reflects. "There was ahvays somebody else in control of my destiny. Until now." Denucci mainly does shows at high schools with the hosts keeping all the concessions. Closest to his heart is the ERHS football event each February. Crowds have isen from 700 to 1,100 0 2,200 so far. "I'm so grateful to (coach) Mike Cross and (A.D.) John Barth for getting this tarted," said Denucci, who's proud to be help - ng schools cope with nancially-strapped mes. AW will do its se Zimmerman foot - all event Sept. 12. Next Wrestling Association. Gagne immediately liked Denucei's looks, build — and ethnicity. "You're Italian! I can use an Italian!" exclaimed Gagne, who had plenty of Scandinavian types. Then 22, he attended Gagne's camp and got started. In just his sec- ond appearance, in 1988, he had a tag -team match at the Civic Center. "I looked around the locker room," he said, "at Baron Von Raschke, the Sheik, Jumpin' Jim Brunzell, Verne and Greg Gagne, guys like that. I was so nervous I could hardly see." He's been a pro wres- tler 22 years now, while also working in the is a opecial ulympics event at the Isanti Fair on Sunday. He's got the whole school year just about filled up, two or three shows per month. "Any more than that," he says, "and the guys don't have time to heal." Denucei's dad was a Gospel singer, so he grew up with faith pushed on him. After rebelling a bit his first few years as a wrestler, he says the opportunity to "witness" though wresting was one big reason he came back to the fold. He caps his shows talking to the audience about Jesus. He makes sure his shows are as clean-cut as possible. Disturbed by the dark tones of Vince McMahon's AWA empire, he established an old-fashioned Verne Gagne -style show. No swearing, nothing the least bit naughty. "I'm in control of my destiny now," Denucci reflects. "God is in con- trol of it, too. I think this is what God wants me to do. He has opened a lot Of doors for me." The Denucci scorecard Personal file — Age: 44 ... Family: wife, Sabrina; daughters, Shaina, 14; Talia, 11; Jaida, 5 .... Occupation: pro wrestler. owner of American Wrestling Federation (www.proawf.com)... Hometown: Eagan (Rosemount High) ... College: U of Colorado Favorite stuff — TV show: NFL Network, ESPN Sports Center ... Movie: "Rocky" (also thought "Wrestler" was awesome) . Reading: The Bible, Sports Illustrated, Muscle & Fitness mag- azine ... Food: thin -crust cheese pizza ... Drink: lemonade with unsweetened tea .... Team: Vikings ... Favorite places he's wrestled: Barrow, Alaska, and Red Rocks Amphitheater, N.M..... Place he'd like to visit: Sweden Plaques provided by Promotional Products Home News Sports Education L, style Outdoors Opinion Business Obituaries Classifieds Public Notices Multimedia F A 0's Calendar Contact Email Alerts Mobile Alerts Newspaper Prints RSS Feeds Subscribe Weather FINALLY... Cottage Grove has a Music Studio for the ENTIRE FAMILY! CLICK for MORE! 'April Apocalypse' at the Perch Harper plays the hero as East Ridge Hi jn School pays host to grapplers from the American Wrestling Federation By Tom Carothers. Woodbury Bulletin "Hey Ref! He pulled my kilt!" The sights and sounds of the spectacle that is professional wrestling were on full display on Saturday night as performers from the American Wrestling Federation took over the Perch at East Ridge High School on Saturday evening for the "April Apocalypse." "This is a really good time," said East Ridge teacher Mike Tollefsbol, who attended the event with his wife and three children. "It reminds me a lot of the old-time wrestling — like the old AWA." After Woodbury resident Collin Johnson opened the show with a version of "The "Star-Spangled Banner" on his electric guitar, the six -match card played out to the delight of several hundred raucous fans in attendance. The evening was put together as a fundraiser for the East Ridge wrestling program and raised over $3,500 dollars for the Raptor grapplers. "The real payback was seeing all of the kids having a great time, that's what really made it worth while," said Jim Travis from the East Ridge wrestling program. Even ERHS principal Aaron Harper, who took on the moniker "The Hammer" for the evening, played a part in the proceedings. "I thought it was an entertaining event; Harper said. "It was cool and unique and I got to ham it up a little bit' Harper escorted AWF champion Tony Denucci to the ring for the final title match against Chris Black and stood in the champion's corner, while leading the crowd in cheers for Denucci for the majority of the contest However, after the match referee was "knocked out" during a maneuver between Denucci and Black, Harper entered the ring to ensure a fair outcome. "The Hammer" cleared Black's comer man Mike Moreland, who attempted to thwart Denucci s pin of his partner, over the top rope and then gave the three -count as the defending champion pinned Black to retain his championship belt to the delight of the assembled throng of fans. "There was a little bit of improv,' Harper said. "I don't think anyone is looking at me like I'm a pro wrestler. My credibility as a high school principal is intact." Tags: daily upd=.b§s, ,;,ori , F ' 'IS, proam C I T Y O F N60VE1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW CI ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator- FROM: Captain Tom Wells, Sheriffs Departmeot5� SUBJECT: Consider Code Amendment Regulating Ultimate Fighting/Adding section 31B-12 to City Code - S7wxI DATE: February 19, 2008 INTRODUCTION The Sheriff's Department presented this information to the City Council on January 22, 2008 and they authorized it to be discussed at a public hearing before the Planning Commission This has been raised by the Sheriffs Department as a concern because occurrences of `ultimate fighting" have been increasing in the area DISCUSSION © The occurrence of more "ultimate fighting" among young people needs a code section to allow law enforcement officers to break up an event before it gets too far along. About a year ago, the City passed a code amendment to outlaw "ultimate fighting' in a licensed establishment that serves liquor (see attached). However the need to prevent this type of fighting goes further than outlawing it in bars or restaurants that serve liquor. Again, reports have come in that youth are engaging in "ultimate fighting' in parks and on other public land. Both the cities of Lino Lakes and Blaine have adopted similar codes to guard against this type of behavior occurring in their cities (see attached examples). To help law enforcement personnel stop this from becoming a greater problem, a code change is being proposed (see attached). Plaunin8 Commission Recommendation. The Planning Commission held a public hearing and discussed the proposed code amendment. They unanimously recommended approval. - The Council is asked to approve or deny the requested code amendment to regulate ultimate fighting. Respectfully submitted, '; Tom Wells 9c� Attachments: Lino Lakes & Blaine sample code sections Existing Andover Code (outlawing `Ultimate fighting" in liquor establishments) Proposed Code Amendment O City Council Workshop Minutes (Jan. 22, 2008) Planning Commission Minutes (Feb. 12,2008) X Wahl, Mike From: Wayne Wegener[weyne.weganar@ci.lino-4akes.mn.us] . Sent Tuesday, October 30, 2007 12:16 PM ...._TOE—_Wahl,_Mike_.. ---------------- _.--- .__;_____.....____.._..__._..___..._____..._____. Subject Ultimate fighting Mike. The following was taken from our ordinance that was passed at our last council meeting and will be implemented in early November: - CHAPTER 509. ULTIMATE FIGHTING 509.01 DEFINITION AND PURPOSE Ultimate fighting is'any, activity, regardless of how named or described, or any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, head, feet or body. This shall include, but not be limited to, any contest where kicking, punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health, safety and welfare at great risk. 0 509.02 PROHIBITED CONDUCT It shall be unlawful in any public or private building or place to organize, permit, be present at, or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are not included among activities prohibited by this section. Wayne J. Wegener Jr. Lino Lakes Police Department Patrol Officer Phone: 651.982.2300 Fax: 651.982.2399 C• J U H `J "BcNwa. I 4P ""' CITY OF BLAINE ORDINANCE NO. 07-2142 AN ORDINANCE ADDING DIVISION 4, SECTION 50-155 TO ARTICLE 111, CHAPTER 50 OF THE MUNICIPAL CODE OF THE CITY OF BLAINE, REGULATING ULTIMATE FIGHTING WITHIN THE CITY OF BLAINE, MINNESOTA. THE CITY OF BLAINE DOES ORDAIN. (Added portions are underscored and deleted portions are shown in brackets with overstrike.) DIVISION 4. ULTIMATE FIGHTING Sec 50.155. ULTIMATE FIGHTING. . INTRODUCED AND READ in full the 19th day of July, 2007. PASSED by the City Council of the City of Blaine this 2nd day of August, 2007. ATIMST: Jane M. Cross; CMC, City Clerk Tom Rvan, Mayor 1 — I/ J pkmo .5 01' r4n���rrr 1' © CITY OF ANDOVER COUNTY OFANOKA STATE OF MINNESOTA C x _ OR.DINANCENO._....... _.__--- . ___- AN ORDINANCE AMENDING TITLE 3 (Section 3-1342) OF THE CITY CODE SPECIFYING CONDITIONS OF A LIQUOR LICENSE IN TEE CITY OF ANDOVER WHEREAS, The City Code has been reviewed and Title 3 is in need of updating to prevent. "Ultimate Fighting" or similar fight vemtes at or adjacent to establishments where liquor is sold The amendment affects regulations in Title 3 of the City Code. NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Section 3-13-12 of Code of the City of Andover is hereby amended to add the following condition related to liquor licenses: All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 5th day of September, 2006. CITY OF ANDOVER ATTEST: .. Michael R. Gamache, Mayor Victoria Volk, City Clerk —z - C M CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA - ORDINANCE NO. _ AN ORDINANCE ADDING SECTION 8 TO TITLE 5 OF THE CITY CODE REGULATING ULTIMATE FIGHTING IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Title 5, Section 8 of Code ofthe City of Andover is hereby added as follows (added portions are underscored): Title 5 Section 8 section. All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of 2008. CITY OF ANDOVER ATTEST, Victoria Volk, City Clerk Michael R Gamache, Mayor OSpecialAndover City Council Workshop Meeting Minutes —January 22, 2008 - Page 5 ► B.. ULTIMATE FIGHTING Captain Tom Wells explained that this request was generated from the schools because of situations that they have identified as problems, and they thought that this ordinance would be helpful in dealing with the problem. He stated that mostly students have been gathering together as a group and watching and/or participating in contest style fighting. He reported that the students are mostly from the high school, although some of the students are from the middle school. He stated that the information they gathered cam efmmtheschool resource office atAndover High Schoo1. Hestated that the students gather at the area under the railroad bridge overpass for the fights and officers have found videos of the fighting on You Tube. He explained that other cities have dealt with the issue with an ordinance and found it helpful, and more of a preventative action. He stated that under assault it is easy to deal with the fighters, but explained that the ordinance would address the spectators as well. He explained that it would be more of aproactive action for Andover, as it is not a huge problem at this point. City Administrator Dickinson stated that he does not hear any opposition on the ultimate fighting concept. He questioned if any changes needed to be made to the ordinance. © Councilmember Jacobson questioned the concept ofthe ultimate fighting, wit pertained to ultimate fighting being held in a public or private building or even being present at the event. He stated that when a real problem is identified, such as meth, the City should step in, but if someone wants to do something in his or her own basement they should be allowed to do that. Councilmember Trade stated that right now there is a licensing issue because ultimate fighting usually goes together with liquor being served, but questioned how far the City should go in regulating people's lives. Councilmember Knight stated that these kids are usually doing this on the streets and it is being put up on You Tube. Councilmember Jacobson stated that he would like to see a few words changed on this ordinance. Councilmember Orttel stated that he does not have an issue prohibiting ultimate fighting in a private building. . Councihnember Trude stated that she has not heard ofultimate fighting being aproblem and would liketo hear more informationfromthe high school. She added that she would like to seethe revised ordinance again before it goes before the Planning and Zoning Commission. © The consensus ofthe Council was that staffshouldrevise the Ultimate Fighting Ordinance and bring it back before the Council prior to the review ofthe Planning Commission. ❑• Lip] PLANNINGAND ZONING COMAd7SSIONMEETUVG—FEBRUARYI2, 2008 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 12, 2008, 7:0 p.m, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarc Associate Planner, Andy Cross Others APPROVAL OFMINUTES. January22, 2008 Modoe by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion carried on a 7 -ayes, 0 -nays, 0 -present, 0 -absent vote., PUBLICREARING: CONSIDERULTIMATEFIGHTINGORDINANCE Mr. Bednarz stated Captain Tom Wells, Sheriff s Department presented information to the City Council on January 22, 2008 and they authorized it to be discussed at a public hearing before the Planning Commission. This has been raised by the Sheriffs Department as a concern because occurrences of "ultimate fighting" have been increasing in the area Captain Wells reviewed the Ultimate Fighting Ordinance with the Commission. Commissioner Kirchoff asked what ultimate fighting versus school yard fighting was. Captain Wells indicated what they were looking at was more planned events, not © �/ necessary two kids mad at each other. Theseareplanned events and kids gather to watch Regular Andover Planning and Zoning Commission Meeting Minutes—February 12, 2008 © Page 2 them and video tape them and place them on the internet. He stated there could also be a prize in it for the winner. He stated it is the organization of it that they are looking at Commissioner Walton asked if the ultimate fights at establishments would also be regulated or stopped. Captain Wells stated that is not addressed in this ordinance. This ordinance is for events that are not held in a facility like that. He stated the City has the means to deny a permit for an establishment Chairperson Daninger asked what the difference was between this and a disorderly conduct. He asked if the intent of the ordinance is also to say "present, participate, host" gives it a little more teeth to go after the people who organize it so they realize they are as much at fault Captain Wells indicated that was correct Motion by Casey, seconded by Kirchofi; to open the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0 -present, 0 -absent vote. Motion by Walton, seconded by Casey, to close the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0 -present, 0 -absent vote. Commissioner Walton wondered if this was too broad or does it cover an event that is O officially sanctioned. Mr. Bednarz stated the City has adopted an ordinance prohibiting ultimate fighting at commercial establishments previously. This would be other areas of town. Motion by Walton, seconded by Falk, to recommend to the City Council approval of the Ultimate Fighting Ordinance as written. Commissioner Kirchoff stated he supported this but wanted to make sure they do not distinguish incidental school yard fighting. Chairperson Daninger stated he would like to have an update on this in a year to see how it is going. Motion carred on a 7 -ayes, 0 -nays, 0 -absent vote Mr. Bednarz stated that this item would be before the Council at the February 19, 2008 City Council meeting. �'[i13EiG. PERMITTED, CONDITIONAL AND PROHIBITED USES (CHAPTERI 'BCHURCUESASACONDITIONAL USEINTHE SHOPPING CENTER ZONA T. OMr. Bednarz stated the Coon Rapids United Methodist Church has at they be allowed to locate a church in the Hanson Commons II Shopping Center Currently NDOVE 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 Joe Janish, Community Developme D ector 414 FROM: Stephanie L. Hanson, City Planner SUBJECT: Discussion: Religious Institutions DATE: January 23, 2018 The League of Minnesota Cities (LMC) released a memo on July 6, 2017 regarding The Religious Land Use and Institutionalized Persons Act (RLUIPA). The memo is attached for your review. The memo explains RLUIPA, in which, no government entity shall impose or implement a land use regulation in a manner that puts a substantial burden on religious exercise. In no way shall a government entity impose stricter land use regulations than that of other non- religious assembly or institutions. Other non -religious assemblies include uses such as conventionibanquet centers, bowling alleys/bars, and any other uses where people assemble. Current language in the City Code limits religious institutions to the residential areas and Limited Business and Shopping Center districts. Other places of assemblies such as restaurants and theatres are allowed within more of the cities' commercial districts. ACTION REQUIRED Staff recommends the City Council review LMC's memo, city code and discuss the possibility of modifications to ordinance related to religious institutions. R5tfu Su m'tted, Stephanie L. Hanson City Planner Attachments LMC Information Memo: The Religious Land Use and Institutionalized Persons Act Draft City Code Changes RELEVANT LINKS: 47 U.S.C. § 303 (v). The Federal Communications Commission also has exclusive jurisdiction 47 C.F.R. § 25.104. over direct to home satellite dishes. Its regulations pre-empt local ordinances that prohibit or regulate satellite dishes of one meter or less in all areas and two meters or less in commercial areas. Cities may apply to the FCC for a waiver to allow local regulation of satellite dishes upon a showing by the applicant that local concerns of a highly specialized or unusual nature create a necessity for local regulation. b. The Religious Land Use and Institutionalized Persons Act 42 U.S.C. § 2000cc. The Religious Land Use and Institutionalized Persons Act (RLUIPA) of See Department of Justice 2000 provides that no government entity shall impose or implement a land RLUIPA Policy statement, use regulation in a manner that puts a substantial burden on the religious Sept. 2010. exercise of a person, religious assembly or religious institution, unless the Church v. City ofS1 government can show the burden furthers a compelling government Michael, 205 F.Supp.3d 1014 (D.Minn. 2016). interest and is the least restrictive means of furthering that interest. Religious exercise includes the use, building, or conversion of real 42 U.S.C. § 2000cc(a)(2). property for the purpose of religious exercise. As a result, in some 42 U.S.C. § 2000co-5(7)(a). circumstances, a religious use may be exempted from city zoning requirements, if the regulation substantially burdens the religious organization or person's exercise of religion. Minor costs or inconveniences imposed on religious institutions do not trigger RLUIPA's protections. The burden must rise to the level of "substantial." Once the institution has shown a substantial burden on its religious exercise, the city must demonstrate that the reason for imposing a restriction is "compelling." Cities should carefully consider whether an ordinance requires religious uses to undergo any particular approval process. If the ordinance leaves the city with significant discretion over the approval and conditions that may be attached, a city likely may find itself defending a substantial burden challenge under RLUIPA. In addition to weighing the "compelling" government interest of a regulation against the substantial burden on the religious exercise caused by that regulation, RLUIPA also states a government may NOT impose or implement a land use regulation in a manner that: Church v. City of Sl. • Treats a religious assembly or institution on less than equal terms with Michael, 205 F.Supp.3d 1014 (D.Minu. 2016). a non -religious assembly or institution. However, courts have stated 42 U.S.C. § 2000cc(b)(1). that mandating identical treatment of all secular assemblies and churches could lead to nonsensical results. • Discriminates against any assembly or institution based on religion or religious denomination. League of Minnesota Cities Information Memo: 7/6/2017 Zoning Guide for Cities Page 15 RELEVANT LINKS: • Totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. • Unreasonably limits religious assemblies, institutions, or structures within its jurisdiction. 42 U.S.C. § 2000ee-3(e). RLUIPA contains a "safe harbor" provision, which allows a government Church v. Cry of St. to avoid RLUIPA's "pre-emptive force" by changing its policies and Michael, 205 F.Supp.3d 1014 practices, by retaining the policy or practice and exempting the (D.Minn. 2016). substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. Additionally, some ordinances now employ a broad definition of "places of assembly" that include both religious and non -religious uses. This approach may go a long way toward protecting the city from an equal terms challenge under RLUIPA. It is important to recognize that RLUIPA does not shield religious institutions from all land use regulation. A zoning ordinance can be enforced as long as it does not discriminate against or exclude religious uses, does not treat religious uses less favorably than comparable non- religious uses, and does not impose a substantial burden. City of Woodinville v. Activities beyond worship services for religious institutions may Northshore United Church . Christ, 211 P.3d 406 (Wash. potentially be protected b the RLUIPA as well including schools and p y p y , g 2009). childcare. However, this is an unsettled area of the current law. McGann vInc. OR. Of Old Westbury, 719 N.Y.S.2d 803 (N.Y. Sup. 2000). Williams Islandsynagogue, Since RLUIPA was adopted in 2000, numerous cases have been brought in Inc. v. City ofAvenhtra, 358 F.Supp.2d 1207 (S.D. Fla. federal court concerning the law's application to various city zoning 2005). requirements. However, federal courts in the 8th Circuit (which includes Guru Namk Sikh Society of Yuba City v. County of Minnesota) have not ruled on many RLUIPA. cases. If a city has concerns Sutter, 326 F.Supp.2d 1140 about RLUIPA, the city should consult its attorney for specific guidance. (ED. Cal. 2003). Cottonwood Christian Center v. Cypress Redevelopment Agency, 218 F.Supp.2d 1203 (C.D. Cal. 2002). Civil Liberties for Urban Believers v. City of Chicago, 342 F.3d 752 (C.A.7 (111.) 2003). 4. Federal and state constitutional concerns vin. ofEucnd. Ohio v. Zoning regulations limit the ability of landowners to use their property in Ambler Really Co., 272 U.S. 365(1926). any manner they wish. League of Minnesota Cities Information Memo: 7/612017 Zoning Guide for Cities Page 16 BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CARPORT: An automobile shelter having one or more sides open. CELLAR: That portion of the building having more than one-half (1/2) of the floor to ceiling height below the average grade of the adjoining ground. CEMETERY: Land used for the burial of human bodies, excluding crematoriums. (Amended Ord. 314, 10-4-2005) RELIGIOUS INSTITUTION C4iL[RO1-. A building, together with its accessory buildings and uses where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. CLEAR VIEW TRIANGLE: An area on corner lots where nothing shall be placed or allowed to grow to a height of between two and one-half feet (2'/i) and ten feet (10') within fifteen feet (15') of the intersecting street right of way lines. (Amended Ord. 8, 10- 21-1970; amd. 2003 Code) (Amended Ord. 314, 10-4-2005) CLUB, PRIVATE: A place of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group. (Amended Ord. 436, 4-15-2014) CLUB, PUBLIC: A place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is non-profit. (Amended Ord. 436. 4-15-2014) COMMERCIAL FEEDLOT: An area where fifteen (15) or more nondomestic animals are confined. COMMERCIAL Chapter 12 I N"aCY10 orkrlFrfll PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES P -Permitted Use R-1 Single Family -Rural M-2 Multiple Dwelling PA- Permitted Accessory Use R-2 Single Family- Estate RR Single Family Rural Reserve C -Conditional Usei ses roMorrs R-3 Single Family- Suburban X- Prohibited Use R-0 Single Family- Urban PUD- Planned Unit Development R-5 Manufactured Housing 1- Interim Use M-1 Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted, Permitted Accessory. Conditional- Interim and Prohibited Uses RR I Zonin" Diptricts R-1 I R-2 R-3 R-4' R-5 M-1 M-2 Animals Animal Therapy Facility -on properties larger than five acres in size C C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C C X X X X Commercial riding stables C C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 5 -IA C C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 5 -IA C C C C C C X X Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animalss and definition under City Code 12-2 p P P P X X X X Farm animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 5s and definition under City Code 12-2 C C C C X X X X Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates the adoption of this ordinance. X X X X X X X X Pleasure/recreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and definition under City Code 12-2 PA PA PA PA PA X X X Poultry on residential properties with neither municipal sewer or water in compliance with City Code Title 5 and definition under City Code 12-2 P P P P X X X X Dwellin¢s Accessory Dwelling Unit (ADU) C C X X X X X I X Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) acres in size X X X X X PUD X X Multiple dwellings X X X X X X PUD PUD Relocated dwelling units in compliance with City Code 9-11 C C C C C C C C Single-family residential buildings (detached) P P P P P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility X X X X XX X X Two-familyhome conversions (splits) in compliance with Ci Code 12-8-1 X X X X X X C C Home Occuuatiuns Home occupations within principal structure in compliance with City Code 12-9 PA P PA PA PA PA PA PA Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance with Ci Code 12-9 C C C C C C C C Barbershops and beau salons C C C C C C C C P -Permitted Use R-1- Single Famil -Rural M-2- Multiple Dwelling Bed and breakfast C C C I C C C X X RR Boarders or roomers, up to two persons, by a resident family, with no private cookingfacilities P'4 PA PA PA PA PA PA PA P P Cabinet making/wood working (home occupation) in compliance with City Code 12-9 C C X X X X X X X Commercial greenhouse C C C C X X X X Daycare Centers- Home Occupation 12 or fewer children C P P P P P P P Therapeutic massage establishment (as a home occupation offering on site massae services as regulated b chapter 9 of this title and title 3, chapter 6 Daycare Centers -Home Occupation (13 or more children) P C C C C C C C P -Permitted Use R-1- Single Famil -Rural M-2- Multiple Dwelling PA- Permitted Accessory Use R-2- Single Family- Estate RR Single Family Rural Reserve C -Conditional Use sasrooTNorrs R -3 -Single Family- Suburban X- Prohibited Use R41- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Housin I- Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted- Permitted Accessorv. Conditional, Interim and Prohibited Uses RR 7Anino DiArieft R-1 R-2 R-3' R4 3 R-5 M-1 M-2 Daycare Facility -Group Family P P P P P P P P Farm Wineries subject to City Code 12-9-12) PA PA C C X X X X Group Homes as regulated by State Statute C P P P P P P P Office in compliance with City Code 12-9 C PA PAI PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services as regulated b chapter 9 of this title and title 3, chapter 6 P C C C C C C C Schools K-12 Schools P P P P P P X X Post -secondary Schools PA C C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) C 1 I I I 1 1 I Subordinate Classroom Structures (when located on a property where there is aehnreh religious institution as the principal use P 1 I I I I 1 I Utilities Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P P P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc.) C C C C C C C C Public utility uses for local services P I P P P P P P P Other Agricultural uses- Waal outside MUSA bound only) P P P P X X X X Agricultural uses- urban P P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12.8-5 C C X X X X X X Cam ounds, clubs and ranges, archery ranges, racetracks C C X X X X X X Cemeteries P C C C C C C C r hUFA...--`m Religious Institution C C C C C C X X Clubs and lodges C C C C C C C C Crafts and antique businesses in buildings designated as historical sites by a county, state. or nationally recognized historical organization X X X X X X X C Garages and Accessory Structures in compliance with City Code 12-6 PA PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C C C Highway construction materials (temporary rocessin and storage) I I I I I I I I Marinas C C C C C C C C Publicly owned and operated property except as herein amended P P P P P P P P Resorts C C C C X X X X Solar Energy Systems(ground mounted subject to City Code 9-15 PA PA X X X X X X Solar Energy Systems roof mounted subject to City Code 9-15 PA PA PA PA I PA I PA I PA I PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C I C C (Amended Ord. 8, 10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002; Ord. 8RRRRRR, 10-1- 2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amid. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; amd. Ord. 397 8-17-10; Amd. Ord. 404, 1-18-11; Amd. Ord. 436, 4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17) 1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-6D of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a - Planned Unit Development. 5 Loading berths prohibited in the LB district. 6 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 7 See subsection 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2-12) 10 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424,11-7-12) Chapter 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESr P- Permitted Use GR- General Recreation PA-PemilttedA Use LB -Limited Business C- Conditional User srsm crrss NB-NeighborhoodBusiness X-ProhtbitdUse Sc- Shopparg Center PUD-Phmned Unitl)evel GB -General Business I -Interim Use I -Industrial If Use Not SpecificallV Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses Zoning Districts GR LB NB SC GB I Schools K-12 X X X X X X Post -Secondary Schools C C C C C C Schools exceeding height maximum up to 45 feet in height X C C C C C Storage Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in comp]lance with City Code 12-8.2 X X C C C C Highway construction materials (temporary processing and storage) in compliance with City Code 12-16 1 1 1 1 1 I Mini storage (indoor store e only) X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor display, storage, and sales- during operating hours only X X C C C C Tires - Exterior storage of waste tires X X X X X X Tres - Interior storage of more than eight 8 waste tires X C C C C C Toxic waste storage X X X X X X Utilities Private utilities (gas, electric, phone, cable, etc) in Complaince with City Code 8-2 P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc.) C C C C C C Public utility uses for local service P P P P P P Other Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30%) of the floor area space of the principal building. X PA PA PA PA PA Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C Gherehes Reli ious Institution XC I C XC C XC XC Clubs and lodges X I X X X P X Continuous operation of a business (footnote 9 & 10) X X P P xm xra Excavation (Mining) greater than 400 cubic yards when no building permit has been issued in compliance with City Code 12-16 [ I I I I I Golf courses and driving ranges C X X X X X Group Homes as regulated by State Statute X X X X X X Junkyards X X X X X X Land Reclamation in compliance with City Code 12-16 1 I I I I Landfills X X X X X ManufacturingX X X P P Marinas C X X X X Offices X JPA P P P P Publiclyowned and operated property except as herein amended P P P P P Research laboratories X X X P P Swimmingpools and recreation areas or structures PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X Wholesale businesses X X X X P P Wind Energy Conversion Systems (WECS}as defined in and in compliance C C C C C C with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. (Amended Ord. 8,10-21-1970; Md. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000,8-5-2002; Ord.8000QQQ, 10- 1-2002; Ord. 8RRRRRR, 10-1-2002; Md. Ord. 8AAAAAAA, 4-15-2003; Md. 2003 Code; Md. Ord. 314 10-4-2005; Md. Ord. 385 7-21- 09; Md. Ord. 388 10-20-09; Md. Ord. 390 3-16-10; Md. Ord. 397 8-17-10; Amd. Ord. 404,1-18-11; And. Ord. 436,4-15-14) 1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots we established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots we to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Loading berths prohibited in the LB district. 6After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 7 See subsection 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. 9 Sec 12-2-2 for definitions of"Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12) 10 From November 15th to January 1 st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424,11-7-12) 11 See subsection 12-9-2 of this code for permitted home occupations. Chapter 12 , • u'�T MIL IDI:T�7 /_�1//1�1171fy Yr7/_\� PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES? P-PennittedUse GR -General Reaeation PA-PennittedA Use LB-LimitedBusness C -Conditional Useiseeowrn NB-Neighborhoal Business X- Prohibited Use SC- Shopping Center PUD -Planned UnitDeve] ent GB -General Business I -Interim Use I -Industrial If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses Zoning Districts GR LB NB SC GB I Auto Related Uses Automobile service stations in compliance with City Code 12-8-4 X X C 6 C ° C C Car wash (automated) X X X C X X Car wash (self service) X X X X P P Car wash, accessory to automobile service station X X X P P P School bus terminal X X X X X P Transportation terminals or motor freight terminals X X X X X X Vehicle sales new in Compliance with City Code 3-8 X X X X C C Vehicle sales (used) in Compliance with City Code 3-8 X X X X C C Liquor Liquor licenses in compliance with City Code 3-1 C X X C C C Liquor License, On -Sale Wine in compliance with City Code 3-1 X X C C C C Li uor stores, off -sale in compliance with City Code 3-1 X X X C C X Retail Trade and Services Adult use business as defined in Tide 3, Chapter 7 of the City Code X X X X C C Barbershops and beauty salons X P P P P X Campgrounds, gun clubs and ranges, archery ranges, racetracks C X X X X X Christmas tree sales X I I I I I Commercial recreation, indoors P P P P P P Commercial recreation outdoors C C C C C C Commercial riding stables C X X X X X Crematorium in compliance with definition under City Code 12-2 X X1 X1 X C C Daycare centers (Commercial) X P I P I P P P Daycare centers (drop in) X PA PA PA PA PA Drive in businesses or businesses with a drive through window X C C C C C Dry Cleaning Processing (Amended Ord. 323,2-7-2006) in compliance with definition under City Code 12-2 X X X X C C Financial institutions X P P P P P Hotels and motels X X C C C C Lumberyard X X X X X C Medical and dental clinics X P P P P P Medical clinic - continuous operation X C C C C C Mortuaries and funeral homes (without crematorium) X P P P P P Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X C C C Precious metal dealers -as defined in City Code 3-4 X X X C C C Professional studios X P P P P P Recreational vehicle, boat, and marine equipment sales X X X P P P Rental businesses (Equipment) X X I I P P Repair services as defined in City Code 12-2 X P P P P P Resorts C X X X X X Restaurants/cafes P C P I P P P Restaurant with live entertainment I X1 X1 X1 C C X Retail trade and services X C P PIPAPA Secondhand goods dealers as defined in Title 3, Chapter 4 of this code X X X C Theaters Indoors X X X P Theaters (Outdoors) C X X X Veterinaryclinics (no outside ens or animal stoma e) X C C COtherSolar Ener S stems ound mounted X X X X Solar Ener S stems roof mounted PA PA PA PA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM : Michelle Hartner, Deputy City Clerk SUBJECT: City Code Amendment Discussion/Gambling DATE: January 23, 2018 INTRODUCTION The City Council is requested to discuss a proposed amendment to City Code 5-3 Gambling, by the Competition Cheer Spirit Booster Club. DISCUSSION Staff received a request from Heaven Clausen -Taft, President of the Competition Cheer Spirit Booster Club Gambling Committee (see attached email) for an amendment to City Code 5-3 allowing an outside organization to conduct lawful gambling in the City. Currently the City Code only allows: 5-3-5: APPROVED ORGANIZATIONS: A. In order to be eligible for a premises permit, an organization must meet each of the following requirements: 1. The organization has at least fifteen (15) members that are residents of the city. Such organization must conduct regular meetings at least monthly, and each person must attend not less than fifty percent (50%) of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization for qualification under this chapter. 2. The physical site for the organization headquarters or the registered business office of the organization is located within the city and has been located within the city for at least two (2) years immediately preceding the application for a license. 3. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fundraising, is in the city and has been located within the city for at least two (2) years immediately preceding application for a license. 4. Meet all the qualifications for a lawful gambling license issued by the Board. 5. The paddle wheel game is prohibited except for meat raffles, and no premises permit shall be issued to any organization to conduct the paddle wheel game except for meat raffles. (Amend. 10/18/05, Ord. 315) 6. The maximum rent allowed in leases to charitable organizations must be in compliance with what is set forth in State Statute. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that are related to a leased premises must be approved by the Director of the Gambling Control Board. Rent payments may not be made to an individual. (Ord. 313, 9/06/05) B. Any organization, which meets the conditions set forth above shall certify in writing on its application which conditions are being met. (Amended Ord. 258, 5-4-1999) It should also be noted City Code only allows one premises permit to be issued to any particular location in the City. ACTION REQUIRED The City Council is requested to discuss the attached request to amend City Code 5-3 Gambling and provide direction to staff on how the Council would like to proceed. Respectfully submitted, (. y I i� Michelle Harmer Deputy City Clerk Attach: City Code 5-3 Email CHAPTER 3 GAMBLING SECTION: 5-3-1: Purpose 5-3-2: Definitions 5-3-3: Licensing Requirements 5-3-4: Premises Permit 5-3-5: Approved Organizations 5-3-6: Management 5-3-7: Expenditures, Profits And Taxes 5-3-8: Background Information 5-3-9: Violation; Penalties 5-3-1: PURPOSE: The purpose of this chapter is to closely regulate and control the conduct of gambling and to ensure that profits derived from gambling activities in the city provide, to the extent authorized by law, direct benefits for the citizens of Andover. (Amended Ord. 258, 5-4-1999) 5-3-2: DEFINITIONS: For the purposes of this chapter, the following words and terms will have the meanings given them: BOARD: The State Gambling Control Board. LAWFUL GAMBLING: The operation of gambling activities by an organization eligible for a license from the Board to conduct such activities. NET PROFITS, LAWFUL PURPOSE, AND ALLOWABLE EXPENSE: Will have the meanings provided in Minnesota Statutes Section 349.12, as may be amended from time to time. • NOTMIRM PERMIT: A resolution adopted by the City Council authorizing the named organization to operate lawful gambling activities at a specified location in the city. TRADE AREA: The cities of Andover, Anoka, Coon Rapids, Ramsey, Oak Grove, and Ham Lake. (Amended Ord. 258, 5-4- 1999) 5-3-3: LICENSING REQUIREMENTS: A. State License Required: Except as specifically exempted by this chapter, no organization may operate lawful gambling activities in the city without a license issued by the Board. B. Disapproval Of License: Nothing contained in this chapter shall be deemed to limit the City Council's authority to disapprove a license for lawful gambling. C. Limitation Of Gambling Licenses: No organization shall be permitted to conduct gambling in more than three (3) establishments within the city. Only one organization shall be permitted to operate or sell lawful gambling devices at an owned or leased establishment. (Amended Ord. 258, 5-4- 1999) 5-3-4: PREMISES PERMIT: A. Qualification For Permit; Compliance With Provisions: No organization may obtain a new or renewal premises permit, or maintain a premises permit, unless the organization and location of the lawful gambling activities remain in full compliance with the provisions of this chapter and all state laws related to lawful gambling as those laws may be amended from time to time. B. Application For Permit: Application for a new or renewal premises permit must be made to the City Clerk on forms provided by the city. C. Number Of Permits Per Location: Only one premises permit may be issued to any particular location in the city. D. Revocation Of Permit: The City Council may by resolution revoke the premises permit of any organization that does not comply with the requirements of this chapter or state gambling laws as those laws may be amended and revised from time to time. Prior to adopting a revocation resolution, the organization will be given at least ten (10) days' notice of the time, date, and place of the revocation hearing. At the hearing, the organization may appear with or without counsel and submit evidence on its behalf. A resolution revoking a premises permit must include the basis for that action. A certified copy of the resolution will be forwarded to the Board. (Amended Ord. 258, 5-4-1999) 5-3-5: APPROVED ORGANIZATIONS: A. In order to be eligible for a premises permit, an organization must meet each of the following requirements: 1. The organization has at least fifteen (15) members that are residents of the city. Such organization must conduct regular meetings at least monthly, and each person must attend not less than fifty percent (50%) of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization for qualification under this chapter. 2. The physical site for the organization headquarters or the registered business office of the organization is located within the city and has been located within the city for at least two (2) years immediately preceding the application for a license. 3. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fundraising, is in the city and has been located within the city for at least two (2) years immediately preceding application for a license. 4. Meet all the qualifications for a lawful gambling license issued by the Board. 5. The paddle wheel game is prohibited except for meat raffles, and no premises permit shall be issued to any organization to conduct the paddle wheel game except for meat raffles. (Amend. 10/18/05, Ord. 315) 6. The maximum rent allowed in leases to charitable organizations must be in compliance with what is set forth in State Statute. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that are related to a leased premises must be approved by the Director of the Gambling Control Board. Rent payments may not be made to an individual. (Ord. 313, 9/06/05) B. Any organization, which meets the conditions set forth above shall certify in writing on its application which conditions are being met. (Amended Ord. 258, 5-4-1999) 5-3-6: MANAGEMENT: All gambling operations must be managed by a bona fide member of the licensed organization. (Amended Ord. 258, 5-4-1999) 5-3-7: EXPENDITURES, PROFITS AND TAXES: A. Expenditures For Lawful Purposes: 1. During any year that an eligible organization is licensed to conduct gambling events, not less than ninety percent (90%) of its lawful purpose expenditures will be for lawful purposes conducted or located within the city trade area. A semi-annual report of the expenditures for lawful purposes within the trade area shall be provided to the City Clerk on or before July 2 and February 2 of each year after the date of the adoption of this chapter. 2. Not less than ten percent (10%) per year of the amounts specified herein must be expended for lawful purposes within the city. B. Contribution Of Net Profits: During any year that an eligible organization is licensed to conduct gambling events, such organization shall contribute ten percent (10%) of the net profits derived from lawful gambling to a fund administered and regulated by the city, without cost to such fund, for disbursements by the city of the receipts for lawful purposes. C. Gambling Tax: Pursuant to Minnesota Statutes Section 349.213, a gambling tax is hereby imposed of one-tenth percent (0.1 %) of the gross receipts of each licensed organization from all lawful gambling less prizes actually paid out by the organization. Such tax shall be imposed and commenced to accrue as of September 1, 1991, and shall be payable at the office of the City Clerk on October 2, 1991 and on or before July 2 and February 2 of each year thereafter. D. Records And Reports: All qualified organizations operating gambling devices in the city shall keep monthly financial records of same and provide such records to the City Clerk commencing September 2, 991, and on or before July 2 and February 2 of each year thereafter. (Amended Ord. 258, 5-4-1999; amd. 2003 Code) 5-3-8: BACKGROUND INFORMATION: A copy of all applications and reports required by and submitted to the Minnesota Charitable Gambling Control Board shall also be submitted to the City Clerk within seven (7) days after they are submitted to said Board. (Amended Ord. 258, 5-4-1999) 5-3-9: VIOLATION; PENALTIES: Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to all penalties provided under state law. (Amended Ord. 258, 5-4-1999) James Dickinson From: Tracy Wigen Sent: Monday, November 27, 2017 1:08 PM To: James Dickinson Cc: heaven.clausen; KELLEY JEFFREY Subject: Request to review city ordinance 5-3 November 27, 2017 Jim Dickinson City Administrator City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Dickinson, Thank you for speaking with me on November 14 concerning the eligibility of organizations allowed to operate lawful gambling in the city of Andover under the current city ordinance 5-3. As our letter makes it way to the City Council work session, our hope is that consideration will be given to amend sections of code to allow an outside organization to conduct lawful gambling that would benefit bar owners and the City alike. Currently, electronic gaming customers are leaving the city to spend their dollars at Qbitez in Anoka. Currently, the two organizations licensed to conduct lawful gambling in the City of Andover, do not wish to conduct electronic gaming, however, the bar owner of Pappy's wishes to have it offered in their establishments. Current state law allows secondary organizations to conduct electronic gaming and bar bingo in an establishment if a consent form is signed by the organization conducting paper pull tab sales. We respectfully request that the City Council consider the following: Amending or waiving city code: 5-3-3: ('c); 5-3-4(b); 5-3-5(a)(1-3) to: o allow outside organizations to operate at establishments within the city if the main organization is based in the city of Andover. (This protects the organizations based in the City of Andover) o allow an outside organization to only conduct electronic gaming and/or bar bingo. (This protects the organizations based in the City of Andover) Our gambling sites are operated by our organization, Competition Cheer Spirit Booster Club. Our program seeks to promote and support the sport of Competition Cheerleading to the broader community. We aspire to develop a competition cheerleading program for elementary and middle school students that will offer skill training and instill a love of the sport that will make them more competitive at the high school level. Please contact us if you have any questions at Sincerely, Competition Cheer Spirit Booster Club -Gambling Committee Heaven Clausen -Taft (President) Kelley Welf (Vice President) Tracy Wigen (Gambling Manager) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator City Campus Master Plan Update Discussions January 23, 2018 ACTION REOUESTED Receive an update from Staff on progress made to date. DISCUSSION On September 19, 2017, the City Council approved Oertel Architects as the architectural firm to provide architectural services for a Public Works Vehicle Maintenance Facility, Cold Storage Building and site work on the City Campus. The programming, schematic design and project development phase is well date. underway, and Staff would like to update the Council on progress to On December 5, 2017, the City Council approved the 292 Design Group (292) as the architectural firm to provide architectural services to explore expansion of the Community Center. The programming, schematic design and project development phase is has just started as we work toward a decision point date in June 2018 as to what components of an expansion may progress to construction documents. ed, LJ 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, Director of Public Works/City Engineer Crosstown Boulevard NW Overlay Update/17-44 — Engineering January 23, 2018 INTRODUCTION The City Council is requested to review the proposed overlay of Crosstown Boulevard and direct staff on the assessment process for this project. DISCUSSION The attached map identifies the properties along the proposed Crosstown Boulevard Overlay project that would be assessed. Staff will discuss assessment options at the meeting. ACTION REQUIRED The City Council is requested to review the proposed overlay of Crosstown Boulevard and direct staff on the assessment process for this project. Respectfully submitted, David D. Berkowitz 11-11 Attachments: Location Map (Properties Proposed to be Assessed) 161ST LN Z _ - ' 161STAVE tt 161STAVEz 161ST AVE m 3 161ST AVE 161STAVEm CONSTANCE BLVD z 169TH�LN a - �'bD { 16060 ,a REST o - 166TH LN ' � - 160TH AVE 160TH LN 1 m � � U /" q PIC L y 0 i 9bOt v O N � a „' 159TH LN 159TH AVE' 159TH AVE 159TH AVE AV 158TH LN /.1 158TH LN 0 N W W 0 V m 158TH AVE jr �• yam G 1 -y Y. i58THAVE y Oa o ,�> 15745. 0 m 0 AS7,TMAVF N C.9 9 f .849 75 yea 9L 9l '°v _ 867 �0 "pF .....EAG, -1� 888 �Ssry�N 928 ' 155TH LN u 968 ; V m NW a N W ti Sfj'` 1 J G P y 9Tti Y < yS� y� 7 N..r - PJE P� 1261: �sT �\��E�= �► 4 N 2 i LN 1 W i N AN66W �j• v 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: December 2017 General Fund Budget Progress Report DATE: January 23, 2018 INTRODUCTION The City of Andover 2017 General Fund Budget contains total revenues of $10,825,139 and total expenditures (amended to include carryforwards and approved transfers) of $11,735,219; a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2017 reflecting year to date actual through December 2017. The attachments are provided to assist discussion in reviewing 2017 progress; other documents may be distributed at the meeting Please note the December 2017 report is unaudited, and subiect to change. The following represents Administration's directives and departmental expectations that were in place for 2017: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost-effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. ACTION REQUESTED The Council is requested to receive a presentation from staff. ectfully submitted, Ji Dickinson Attachment CITY OF ANDOVER General Fund Budget Summary Totals Budget Year 2017 2016 2017 REVENUES Budget Dec YTD %Bud Final Budget Dec YTD %Bud General Property Tax $ 8,113,528 S 8,217,768 101% S 8,217,768 S 8,420,354 $ _ 8.306,483 99% Licenses and Permits 346,205 625,907 181% 625,907 367,705 544,568 148% S 89,991 S Intergovernmental 673,248 733,951 109% 733,951 766,150 727.911 95% 199,541 Charges for Services 767,950 912,219 119% 912,219 773,950 784,422 101%\ 26,000 Fines 100,750 88,600 88% 88,600 100,750 69,801 69% 27,913 Investment Income 75,000 68,380 91% 68,380 75,000 40,893 55% 191,360 Miscellaneous 116,800 194,812 167% 194,812 124,300 173,102 139% 148,599 Transfers In 196,930 196,930 100% 196,930 196,930 196,930 100% _63,881 Total Revenues $ 10,390,411 S 11 038,567 106% S 11,038,567 S 10 825,139 S 10 844110 100 268,129 2016 1 2017 EXPENDITURES Budget Dec YTD % Bud Final Budget Dec YTD %Bud GENERAL GOVERNMENT 93 Total Expenditures $ Police Protection Mayor and Council $ 88,780 $ 86,990 98% S 86,990 S 89,991 S 84,091 93% 1,294,795 Administration 192,778 187,876 97% 187,876 199,541 187,138 94% 424,247 Newsletter 26,000 22,731 87% 22,731 26,000 25,287 97% 76% Human Resources 35,260 13,403 38% 13,403 27,913 15,069 54% 3,700 Attorney 187,640 184,990 99% 184,990 191,360 188,644 99% 4 862,558 City Clerk 157,075 148,338 94% 148,338 148,599 147,175 99% /p')(�/� Elections 82,919 64,433 78% 64,433 _63,881 17.852 2 8% _ (0"1/ Finance 261,016 252,563 97% 252,563 268,129 266,502 99% Assessing 150,000 146,472 98% 146,472 150,000 145,367 97% Information Services 173,483 151,386 87% 151,386 180,722 148,421 82% Planning & Zoning 435,606 414,141 95% 414,141 462,212 397,755 86% Engineering 509,514 511,074 100% 511,074 535,715 510,224 95% Facility Management 568,201 408,250 72% 408,250 651,733 489,270 75% Total General Gov 2,868,272 2592647 90% 2,592,647 2,995,796 2,622,795 88% PUBLICSAFETF 93 Total Expenditures $ Police Protection 2,936,467 2,936,467 100% 2.936,467 2,962,551 2,962,551 100% Fre Protection 1,294,795 1,285,416 99-/a 1,285,416 1,422,522 1,319,406 93 Protective Inspection 441,807 424,247 96% 424,247 446,688 443,109 99% Civil Defense 22,982 17,495 76% 17,495 24,847 16,320 66% Animal Control 7,950 3,700 47% 3,700 5,950 2,543 43 Total Public Safety 4,704,001 4 667 25 99% 4,667,325 4 862,558 4,743,929 98 PUBLIC WORKS 93 Total Expenditures $ Streets and Highways 656,237 686,087 105% 686,087 614,668 597,531 97% Snow and Ice Removal 563,587 468,174 83% 468,174 547,777 426,016 78% Strout Signs 204,193 167,283 82% 167,283 215,244 204,448 95% Traffic Signals 35,000 27,919 80% 27,919 37,000 30,510 82% Street Lighting 36,400 37,089 102% 37,089 38,400 27,735 72% Street Lights - Billed 217,500 200,509 92% 200,509 217,500 144,451 66% Park & Recreation 1,257,247 1,247,501 99% 1,247,501 1,254,530 1,203,473 96% Natural Resource Preservation 10,096 7,255 0% 7,255 9,197 6,503 71% Recycling 130,927 124,860 95% 124,860 122,221 168,667 1 8% Total Public Works 3,111,187 2,966,677 95% 2,966,677 3,056,537 2,809,334 92 OTHER Miscellaneous 281,728 258,577 92% 258,577 781,728 764,875 _ 98% W Youth Services 38.600 24.500 63% 24.500 38600 0 93 Total Expenditures $ 11,003,788 S 10,509,726 96% S 10,509,726 $ 11,735,219 S 10,940,933 NET INCREASE (DECREASE) 3 (613,377) S 528,841 S 528,841 S (910,080) S (96,823) .C I T Y • . ��::� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: December 2017 City Investment Reports DATE: January 23, 2018 INTRODUCTION Summary reporting of the City Investment 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. DISCUSSION Attached is the Investment Maturities Summary for December 2017, the December 2017 Investment Detail Report, and the December 2017 Money Market Funds Report. These attachments are intended to provide a status report on the December 2017 investments. ACTION REQUESTED Informational, for Council review. Staff will provide a brief presentation and answer questions. submitted, Dickinson Investment Maturities - December 2017 Investment Maturities (in Years) Credit Fair Less Than More Than Investment Type Rating Value 1 1 - 5 6-10 10 Money market funds N/A $ 4,672,081 $ 4,672,081 $ $ $ MN Municipal Money Market Fund (4M) N/A 1,011,532 1,011,532 Premier Banks Money Market Fund N/A 275,589 275,589 - - - Certificates of deposit FDIC 12,396,311 8,814,108 3,582,203 - Local governments A/Al/A2 540,692 172,508 206,341 59,584 102,259 AAI/AA2/AA3 6,395,122 1,384,758 3,318,217 1,586,533 105,614 AAA 3,947,247 815,831 2,544,381 587,035 - State governments A/Al/A2 201,790 - 201,790 - - AAl/AA2/AA3 1,472,716 688,326 784,389 - - _ AAA 596,291 126,123 267,837 202,332 - U.S. agencies AAA 8,241,307 2,144,707 5,937,487 37,549 121,564 FNMA REMIC N/A 698 698 - - - U.S. agencies N/A 743,182 645,324 97,858 - - Total investments $ 40,494,559 $ 20,751,584 $ 16,940,504 $ 2,473,034 $ 329,437 Deposits 1,503,458 Total cash and investments $ 41,998,017 December 2017 Investment Detail Description Cusip Number Credit RatinglF Type DIC# Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value interest Paid Date Acquired Coupon Date Maturity) Due Date Bank Baroda New York 06062QY99 33681 CD 245,000.00 245,000.00 245,000.00 1.000% 244,992.65 maturity 03/31/17 none 01/02/18 State Bk India NY 856285DA6 33682 CD 245,000.00 245,000.00 245,000.00 1.300% 245,007.35 maturity 07/18/17 none 01/18/18 Beal Bank SSB Plano Tex 07370T6R9 32574 CD 245,000.00 245,000.00 245,000.00 1.100% 244,973.05 maturity 06/21/17 none 01124/18 First Bank of Highland 319141EL7 17470 CD 245,000.00 245,000.00 245,000.00 0.850% 244,835.85 maturity 02122/17 none 02/22/18 TCF National Bank 872278YZ3 28330 CD 245,000.00 245,000.00 245,000.00 0.850% 244,835.65 maturity 02/22/17 none 02/22/18 Plains Commerce Bank 72651 LBM5 1678 CD 245.000.00 245,000.00 245,000.00 0.850% 244,813.80 maturity 02/28/17 none 02/28118 Home Savings & Loan Co Mabrey Bk Bixby OK 43731LCF4 28114 CD 245,000.00 245,000.00 245,000.00 0.900% 244,796.65 maturity 03110/17 none 03/09/18 554133BP2 10667 CD 245,000.00 245,000.00 245,000.00 1.200% 244,926.50 maturity 07/14/17 none 03/14/18 Old National Bank 680061GY8 3832 CD 245,000.00 245,000.00 245,000.00 0.950% 244,794.20 maturity 03/15/17 none 03/15/18 S & T Bank 783861CJ4 11124 CD 245,000.00 245,000.00 245,000.00 1.000% 244,818.70 maturity 03/15/17 none 03/15/18 Synovus Bank 87164DHW3 873 CD 244,999.78 244,999.78 245,000.00 1.000% 244,806.45 semi-annual 12/05/16 none 04/13/18 IberiaBank 45083AGW6 28100 CD 245,000.00 245,000.00 245,000.00 1.350% 244,941.20 maturity 07/19/17 none 04/19/18 First Financial Bank 320218DTO 6600 CD 245,000.00 245,000.00 245,000.00 1.400% 244,973.05 maturity 07/21/17 none 04/23/18 Morgan Stanley Bank NA 61747MXH9 32992 CD 245,000.00 245,000.00 245,000.00 1.450% 245,007.35 maturity 07/27/17 none 04/27/18 Morgan Stanley Pvt Bank 61760ACHO 34221 CD 245,000.00 245,000.00 245,000.00 1.450% 245,007.35 maturity 07/27/17 none 04/27/18 Compass Bk Birmingham AL 20451 PSG2 19048 CD 245,000.00 245,000.00 245,000.00 1.400% 244,946.10 maturity 08/11/17 none 05/11/18 Community Bk Chesapeake MD 20350ACU3 30903 CD 245,000.00 245,000.00 245,000.00 1.350% 244,902.00 maturity 08/18/17 none 05/11/18 PlainsCapital Bank 72663OC98 17491 CD 245,000.00 245,000.00 245,000.00 1.350% 244,796.65 maturity 06/21/17 none 06/21/1_8 Key Bank National Association Capital One Bank (USA) Bank of China NY First National Bank of Omaha Israel Discount Bank of NY Pacific Western Bank BMO Hams Bk 49306SWQ5 140420ZQ6 06426WNJ7 332135HA3 465076JU2 69506YFT1 05581WST3 17534 CD 245,000.00 245,000.00 245,000.00 0.850% 0.900% 244,336.05 244,269.90 semi-annual semi-annual 07/13116 01/13/17 _01/13/17 none none 07113/18 33954 CD 245,000.00 245,000.00 245,000.00 07/13/18 33653 CD 245,000.00 245.000.00 245,000.00 245,000.00 _07/13/16 1.500% 244,931.40 maturity 07/20/17 1.450% 244,853.00 maturity 07/28/17 07/20/18 5452 CD 245,000.00 245,000.00 07/27/18 19977 CD 245,000.00 245,000.00 245,000.00 1.450% 244,828.50 maturity 08/09/17 none 08/09/18 24045 CD 245,000.00 245,000.00 245.000.00 245,000.00 245,000.00 1.450% 244,828.50 maturity 08/09/17 none 08/09/18 16571 CD 245,000.00 1.400% 244,737.85 maturity 10/20/17 none 08/20/18 ZB NA 98878BLCO 2270 CD 245,000.00 245,000.00 245,000.00 1.500% 244,669.25 maturity 12/07/17 none 09/07/18 Cathay Bank 149159LR4 18503 CD 245,000.00 245,000.00 245,000.00 1.500% 244,867.70 maturity 12/07/17 none 09/07/18 BNY Mellon 05584CBA3 7946 CD 245,000.00 245,000.00 245,000.00 1.550%1 244,946.10 maturity 12/12/17 none 09/12/18 Beal Bk 07370W5B8 57833 CD 245,000.00 245,000.00 245,000.00 1.500% 244,860.35 maturity 12/13/17 none 09/12118 Bank India New York 06279H4M2 33648 CD 245,000.00 245,000.00 245,000.00 1.450% 244,649.65 maturity 10119/17 none 10/17/18 CD F & M Bank 30246AFM5 9963 CD 245,000.00 245,000.00 245,000.00 1.350% 244,443.85 maturity 10/20117 none 10/19/18 New York Community Bank 649447RD3 16022 CD 245,000.00 245,000.00 245,000.00 1.600% 244,936.30 maturity 12/22/17 none 10/22/18 Amex Centurion Bk 02587DU63 27471 CD 245,000.00 245,000.00 245,000.00 1.550% 244,774.60 maturity 08/03/17 02/08/18 11/08/18 1 Year CD - Premier Bank 1091003210 21714 CD 245,000.00 245,000.00 245,000.00 1.500% 245,000.00 maturity 12/16/17 none 12/16/18 1 Year CD - Premier Bank Rochester 2055214401 33202 CD 245,000.00 245,000.00 245,000.00 1.500% 245,000.00 maturity 12/16/17 none 12/16/18 1 Year CD - Premier Bank MN 3041574901 33204 CD 245,000.00 245,000.00 245,000.00 1.500% 245,000.00 maturity 12/16/17 none 12/16/18 Junction City Kansas 481502F72 A2 local 101,558.00 101,558.00 100,000.00 5.500% 102,364.00 semi-annual 05/28/08 03/01/09 09/01/18 Kaufman TX 4862D6KL8 A3 local 72,922.50 72,922.50 70,000.00 4.000% 70,143.50 semi-annual 06/28/16 02/15/17 02/15/18 Racine WI 7500216D4 AA- local 101,792.00 101,792.00 100,000.00 2.100% 100,155.00 semi-annual 01/24/12 06/01/12 06/01/18 Indiana Sl Bond Bank 454624S40 AA+ local 146,123.60 146,123.60 140,000.00 4.302% 141,962.80 semi-annual 12/30/16 none 08/01/18 Minneapolis MN 60374YF93 AAl local 220,938.00 220,938.00 200,000.00 4.000% 200,848.00 semi-annual 03/04/14 none 03/01/18 New York City NY Transitional 64971QTU7 AA1 kcal 100,440.00 100,440.00 100,000.00 1.600% 99,964.00 semi-annual 01/27/17 none 05/01/18 8,814,107.75 CD Description Cusip Number Credit Rating/F DIC # Type Purchase Price Carrying Cost Maturity Interest Amount Rate Current Market Value Date Acquired Coupon Date Maturity) Due Date Scott County IA 809486EZ2 AA1 local 112,617.00 112,617.00 100,000.00 4.400% 100,857.00 semi-annual 101,220.00 semi-annual 10/31/12 12/01/12 06/01/18 _ Minneapolis MN 60374YS73 AA1 local 111,898.00 111,898.00 100,000.00 3.250% 06/05/12 12/01/11 12/01/18 Hopkins Minn ISD #270 439881HCO AA2 local 95,278.40 95,278.40 80,000.00 5.250% 80,215.20 semi-annual 04/30/12 08/01/09 02/01/18 Orono MN ISD #278 687136LA7 AA2 local 115,511.00 115,511.00 110,000.00 4.000% 110,222.20 semi-annual 08/04116 02/01/17 02/01/18 Chippewa Falls Wl 169772VS6 AA3 local 255,321.30 255,321.30 255,000.00 1.550% 254,793.45 semi-annual 07/31/17 none 04/01/18 Kane McHenry Cook & De Kalb Zero Cpn 484080MB9 _ AA3 local 157,328.00 157,328.00 200,000.00 194,520.00 maturity 07/16/12 none 12/01/18 Washington County MN 937791KL4 AAA local 115,000.00 1 115,000.00 115,000.00 3.750% 115,000.00 semi-annual 100,162.00 semi-annual 07/01/10 01/01/11 1 01/01/18 Saint Louis Park MN 791740WC3 AAA local 112,114.00 112,114.00 100,000.00 3.850% 12/22/11 none 02/01/18 Bandera TX ISD 059851HR9 AAA local 154,890.00 154,890.00 150,000.00 4.000% 150,453.00 semi-annual 12/22/16 none 02115/18 Brownsville TX ISD Zero Coupon 116421E46 AAA local 229,640.00 229,640.00 250,000.00 246,410.00 maturity 06/26/13 none 08/15118 King Cnty WA 49474E31.5 AAA local 224,634.00 224,634.00 200,000.00 3.980% 203,806.00 semi-annual 03/27/12 none 12/01/18 Washington State 939758DL9 AA state 205,804.00 205,804.00 200,000.00 1 4.500%1 203,300.00 semi-annual 01/24/12 04/01/12 10/01/18 New Hampshire St Hsg 64469DWU1 AA2 state 200,762.00 200,762.00 200,000.00 1.789% 200,000.00 semi-annual 12/09/15 07/01/16 01/01/18 New Hampshire St Hsg 64469DWV9 AA2 state 105,625.80 105,625.80 105,000.00 1.939% 104,824.65 semi-annual 12/09/15 07/01/16 07/01/18 Kansas St Dev Fin Auth 485429X90 AA3 state 182,743.20 182,743.20 180,000.00 1.877% 180,201.60 semi-annual 07/12/16 none 04/15/18 Georgia State 373384RQ1 AAA state 26,742.50 26,742.50 25,000.00 2.970% 25,213.50 semi-annual 02/08/12 none 10/01/18 Texas State 882722,151 AAA state 103,089.00 103,089.00 100,000.00 2.894% 100,909.00 semi-annual 08/10111 04/01/12 10/01/18 Fed Farm Credit Bank 3133EFJMO AAA US 249,750.00 249,750.00 250,000.00 0.930% 249,455.00 semi-annual 249,647.50 199,570.00 249,285.00 05125116 07/07/17 03/30/17 07/07/17 _04/13/16 12/08/12 06/27/17 07120/15 04/13118 06108/18 06127118 07/20118 Fed Home Ln Bank Fed Farm Credit Bank Fed Nall Mtg Assn 313379DT3 3133EHDQ3 3135GOE33 AAA AAA AAA US 250,010.74 US 200,042.00 US 249,677.50 250,010.74 200,042.00 249,677.50 250,000.00 1.250% 200,000.00 1.180% 250,000.00 1.125% Fed Home Ln Mtg Corp Med Tenn Note_ 3134G3ZK9 AAA US 200,000.00 200,000.00 200,000.00 1.200% 199,402.00 semi-annual 07/30/12 01/30/13 07/30/18 Fed Farm Credit Bank Fed Farm Credit Bank Fed Home Ln Bank 31331Y4S6 3133EGK87 3130ACR89 AAA AAA AAA US 114,000.00 114,000.00 100,000.00 5.050% 200,000.00 1.020% 101,936.00 semi-annual 09/11/13 none 08/01/18 US 199,462.00 199,462.00 199,048.00 03/30/17 none 09/24/18 US 249,862.50 249,862.50 250,000.00 1.375% 249,207.50 semi-annual 11/03/17 05/02118 11102/18 Govt Nall Mtg Assn 3136G1LU1 AAA US 448,245.00 448,245.00 450,000.00 1.060% 447,156.00 semi-annual 08/21/17 none 11/14/18 Fed Nab Mtg Assn Remic 31393EAL3 US 204,187.50 709.69 695.14 4.500% 698.12 monthly 07/30/03 none 08/25/18 FICOStripCpnzero coupon 31771EAA9 US 529,947.00 529,947.00 550,000.00 546,733.00 maturity 06/09114 none 05/11/18 Fed Home Ln Mtg Corp 31393VMQ1 US 153,656.25 425.23 415.12 4.500% 416.36 monthly 06/30/03 06/15/18 FICO Strip Cpnl 3 Zero Coupon 31771C2G9 US 93,140.00 93,140.00 100,000.00 98.175.00 maturity 12129114 none 12127/18 14,792,382.13 BMW Bank of North America 05580ADR2 35141 CD 245,000.00 245,000.00 245,000.00 1.600% 244,600.65 semi-annual 01/22/16 07/22/16 01/22119 Ally Bank Midvale Utah 02006LF32 57803 CD 245,000.00 245,000.00 245,000.00 1.200% 242,481.40 semi-annual 06130/16 12/30/16 07/01119 Barclays Bank 06740KHB6 57203 CD 247,000.00 247,000.00 247,000.00 2.050% 247,452.01 semi-annual 07/03/14 01/02/15 07/02/19 Synchrony Bank 87164WBT4 27314 CD 247,000.00 247,000.00 247,000.00 2.050% 247,397.67 semi-annual 07/11/14 01/11/15 07/11/19 JP Morgan Chase Bank NA 48125Y51-4 628 CD 245,000.00 245,000.00 245,000.00 1.100% 242,219.25 quarterly 07/15/16 10/15/16 07/15/19 PnvateBank & Trust Co 74267GUO8 33306 CD 247,000.00 247,000.00 247,000.00 2.000% 247,372.97 semi-annual 07121114 01/21/15 07/22/19 Goldman Sachs Bank USA 38147JU59 33124 CD 247,000.00 247,000.00 247,000.00 2.050% 247,217.36 semi-annual 07/23/14 01/23/15 07/23/19 Sallie Mae Bank 795450895 58177 CD 245,000.00 245,000.00 245,000.00 1.700% 244,201.30 semi-annual 08/09/17 02/09/18 08/09/19 First Federal Svgs Bk 32021YCH4 29690 CD 249,000.00 249,000.00 249,000.00 1.500% 249,388.44 monthly 01/21/16 02121/16 08/21/19 Victory Bank 92644LAB8 58615 CD 247,000.00 247,000.00 247,000.00 2.000% 247,207.48 semi-annual 09/24/14 03124/15 09124119 Third Federal Say & Loan 88413QAW8 30012 CD 128,000.00 128,000.00 128,000.00 2.000% 128,244.48 semi-annual 11/24/14 05124/15 11/25/19 2,373,096.15 local 814,448.75 state 2,790,729.48 US Less Than 1 Year Description Number Cmbe Credit Rating/F Type DIC # Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity) Due Date Celtic Bank 15118RJMO 57056 CD 247,000.00 247,000.00 247,000.00 2.050% 248,118.91 semi-annual 12/20/13 06/20/14 12/20/19 Steams Bank NA 857894PB9 10988 CD 247,000.00 247,000.00 247,000.00 1.000% 247,429.78 semi-annual 12/26/14 06/26/15 12/26/19 Citizens Alliance Bank 17318LAP9 1402 CD 249,000.00 249,000.00 249,000.00 2.000% 249,926.28 monthly 06/27114 07/27/14 06/26/20 Enerbank USA 29266NA31 57293 CD 249,000.00 249,000.00 249,000.00 2.100% 248,945.22 monthly 07/18114 08/18/14 07120/20 Elbow Lake MN 284281 KC5 A local 170,045.70 170,045.70 165,000.00 1 2.750% 165,047.85 1 semi-annual 12/08/14 none 12101119 Oneida County NY 682454382 Al kcal 45,755.20 45,755.20 40,000.00 6.250% 41,293.20 semi-annual 08/16110 none 04/15/19 Farmington MN 311297W84 AA local 102,787.00 102,787.00 100,000.00 2.000% 100,542.00 semi-annual 07/06/16 none 02101/19 Rice Cnty, MN 762698GK8 AA local 45,466.80 45,466.80 40,000.00 4.400% 40,870.40 semi-annual 03107112 none 02101119 Ramsey MN 751813PB6 AA+ local 158,677.85 158,677.85 145,000.00 4.500% 145,255.20 semi-annual 02/16/12 04/01/16 04101/19 Rothsay MN ISD #850 778731AZ2 AA+ local 208,640.25 208,640.25 195,000.00 3.000% 200,590.65 semi-annual 07/06/16 none 02/01/20 Saint Paul MN Port Auth 793067CC1 AA+ local 79,756.80 79,756.80 80,000.00 2.000% 79,125.60 semi-annual 01/10/17 09/01/17 03/01/20 Steams Cc MN 857896MH4 AA+ local 276,875.00 276,875.00 250,000.00 4.500% 250,455.00 semi-annual 04/17/13 none 06/01/20 Greenway MN ISD #31 39678LDF6 AA+ local 27,593.50 27,593.50 25,000.00 5.000% 25,687.50 seml-annual 07/09/13 none 03/15121 Cedar Rapids lA 15O528RM1 AA1 local 217,672.00 217,672.00 200,000.00 3.000% 202,400.00 semi-annual 06/11/13 12/01/13 06/01119 Multnomah Cnty OR Sch Dist 1J 625517JMO AA1 local 250,000.00 250,000.00 250,000.00 1.450% 248,270.00 semi-annual 08/10/17 12/15/17 06/15119 Minneapolis MN 60374YS81 AA1 local 278,632.50 278,632.50 250,000.00 3.500% 255,550.00 semi-annual 02/26/13 none 12/01119 Hampton VA 4095582J1 AA1 local 100,836.00 100,836.00 100,000.00 2.209% 100,173.00 semi-annual 01/20/16 none 04/01/20 Middleton Wl 596782RX2 AA1 local 106,979.00 106,979.00 100,000.00 3.750% 100,965.00 semi-annual 02/24/15 none 09/01120 Des Moines IA Area Cmnty Col 2500971-121 AA1 local 50,606.00 50,606.00 50,000.00 2.450% 50,101.00 semi-annual 11/10/14 12/01/14 06/01121 Orange Beach ALA 68406PHFI AA2 local 241,689.60 241,689.60 240,000.00 4.400% 243,348.00 semi-annual 08/05/10 02/01/11 02/01119 Sioux City lA 829458FC7 AA2 local 156,100.50 156,100.50 155,000.00 2.000%1 154,995.35 semi-annual 12/22/16 none 06/01/19 Waterloo IA 941647PAI AA2 local 50,559.50 50,559.50 50,000.00 2.000% 49,957.00 semi-annual 06/27/13 12/01/13 06/01/19 Western Lake Superior MN Portsmouth VA Brunswick Cnty 958522WU4 73723RSL8 AA2 AA2 local local 100,000.00 286,268.00 100,000.00 100,000.00 3.150% 101,870.00 semi-annual 08/16/11 04/01/12 10/01/19 286,268.00 295,000.00 2.400% 297,652.05 semi-annual 07/17/13 02/01/14 02/01120 117061VH1 AA2 local 108,967.10 108,967.10 110,000.00 1.740% 107,884.70 semi-annual 08/21/15 none 05/01/20 Fon Du Lac Cnty WI 344442KK3 AA2 local 259,715.00 259,715.00 250,000.00 3.250% 254,715.00 semi-annual 03/10/17 none 03/01121 Moorhead MN 6161412R7 AA3 local 108,820.00 108,820.00 100,000.00 3.800% 103,487.00 semi-annual 11/14/11 none 02/01120 Whitewater Wis 966204KA6 AA3 local 109,541.00 109,541.00 100,000.00 4.850% 107,162.00 semi-annual 06/09/11 none 12101120 W Palm Beach FL 955116BE7 AA3 local 101,245.00 101,245.00 100,000.00 2.264% 96,161.00 semi-annual 07/05/16 10/01/16 10/01122 Minnetonka MN ISD#276 604195RA7 AAA local 37,433.20 37,433.20 35,000.00 3.100% 35,169.05 semi-annual 12/22/11 none 02/01/19 Palm Beach Cnty FLA 696497TR7 AAA local 174,889.50 174,889.50 150,000.00 5.898% 153,456.00 semi-annual 07/06/11 none 06/01/19 Tenn Val Auth Cpn Strip Zero Cpn 88059EWZ3 AAA local 1 262,890.00 262,890.00 300,000.00 290,535.00 maturity 12127/131 none 06/15119 Norwalk Conn 668844DS9 AAA local 122,464.80 122,464.80 120,000.00 4.050% 121,405.20 semi-annual 08/04/10 08/01/11 08/01/19 Greensboro NC 39546OV21 AAA local 366,832.80 366,832.80 360,000.00 3.263% 367,984.80 semi-annual 07/15/11 none 10/01119 Saint Paul MN Port Auth 793028WS6 AAA local 201,806.00 201,805.00 200,000.00 2.000% 198,522.00 semi-annual 12/22/16 08101/17 02/01/20 Woodbury MN 97913PCQ7 AAA local 123,037.35 123,037.35 115,000.00 3.250%1 116,930.85 semi-annual 12/22/11 none 02/01/20 Dallas TX Indpt Sch Dist 235308QK2 AAA local 116,900.00 116,900.00 100,000.00 4.450% 104,670.00 semi-annual 04/16112 08115/11 02/15/20 Tenn Valley Auth Zero Cpn 88059EHD9 AAA local 263,970.00 263,970.00 300,000.00 284,313.00 maturity 03/11/13 none 05/01/20 Tenn Val Auth Cpn Strip Zero Cpn 88059EMX9 AAA local 88,133.00 88,133.00 100,000.00 94,389.00 maturity 03/18113 none 07/15/20 McAllen TX Dev Corp 579086AW9 AAA local 175,000.00 175,000.00 175,000.00 1.400% 170,878.75 semi-annual 07/26/16 02/15/17 08/15/20 Indianapolis Ind 45528UGF2 AAA local 251,507.50 251,507.50 250,000.00 2.219% 249,005.00 semi-annual 07/11/17 07/15/13 01/15/21 Baltimore Cnty MD 05914FME7 AAA local 51,290.00 51,290.00 50,000.00 2.097% 49,319.00 semi-annual 08/31116 none 08/01/21 New York St Mtge Agy 64988RHGO AAA local 100,000.00 100,000.00 100,000.00 2.375% 98,823.00 semi-annual 10/27/15 04101/16 10/01/21 3,582,203.20 CD Description Cusip Number Credit RatinglF Type DIC # Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid ysemi-annual Date Acquired Coupon Date Maturity/ Due Date Columbus OH 199492CS6 AAA local 39,956.40 39,956.40 40,000.00 2.133% 39,949.60 02/20/15 none 12/01/21 Outagam]eCntyWI 689900898 AAA local 170,000.00 170,000.00 170,000.00 2.350% 169,031.00 semi-annual 11/07/17 05/01/18 11/01/22 Connecticut State 20772JQN5 Al state 214,954.00 214,954.00 200,000.00 3.517% 201,790.00 semi-annual 05/27/16 02/15/14 08/15/21 Massachusetts State 57582P2T6 AA1 state 199,744.00 199,744.00 200,000.00 2.090% 199,474.00 semi-annual 12/17/14 11101/14 05/01/20 Florida St Hurricane 34074GDH4 AA3 state 279,439.80 279,439.80 270,000.00 2.995% 273,534.30 semi-annual 11/10/15 07/01/13 07/01/20 Minnesota St Colleges & Univ 60414FPJ3 AA3 state 100,000.00 100,000.00 100,000.00 2.000% 99,403.00 semi-annual 02/26/15 10/01/15 10/01/20 Florida St Dept Environmental 34160WUAO AA3 state 217,800.00 217,800.00 200,000.00 6.206% 211,978.00 semi-annual 08/30/10 07101/10 07/01/22 Tennessee State 880541 QQ3 AAA state 48,218.85 48,218.85 45,000.00 3.178% 46,063.80 semi-annual 08/30/16 02/01/12 08/01/20 Virginia State 928109XD4 AAA state 22,126.00 22,126.00 20,000.00 4.100% 20,579.00 semi-annual 02/07/12 none 06/01/21 Kentucky St Hsg Corp 49130TSHO AAA state 203,458.00 203,458.00 200,000.00 2.780% 201,194.00 semi-annual 03/29/17 none 07/01/21 Fed Farm Credit Bank 3133EHQF3 AAA US 249,870.00 249,870.00 250,000.00 1.350% 248,897.50 semi-annual 07/07/17 01/07/18 01/07/19 Fed Farm Credit Bank 3133EG3X1 AAA US 199,711.60 199,711.60 200,000.00 1.250% 198,834.00 06/16/17 07/17/17 01/17/19 Fed Nae Mtg Assn 3136GOY70 AAA US 199,300.00 199,300.00 200,000.00 1.080% 198,428.00 semi-annual 10/30/12 01/30/13 01/30/19 Fed Farm Credit Bank 3133EC5NO AAA US 99,587.00 99,587.00 100,000.00 1.250% 99,256.00 semi-annual 01/07/13 03/04/13 03/04/19 Fed Farm Credit Bank 3133EDTU6 AAA US 251,285.00 251,285.00 250,000.00 1.700% 249,625.00 07/07/17 03/04/15 03/04/19 Fed Farm Credit Bank 3133EHLZ4 AAA US 199,654.80 199,654.80 200,000.00 1.270% 198,718.00 06/16/17 09/06/17 03/06/19 Fed Home Ln Bank 3133782M2 AAA US 250,470.00 250,470.00 250,000.00 1.500% 248,972.50 07/07117 09/08/12 03/08/19 Fed Natl Mtg Assn 3136GIFYO AAA US 200,000.00 200,000.00 200,000.00 1.375% 198,842.00 semi-annual 06122/17 none 03/13/19 Fed Home Ln Mtg Corp 3137EADZ9 AAA US 297,417.00 297,417.00 300,000.00 1.125% 297,255.00 semi-annual 12114/14 10/15/16 04/15/19 Fed Nat] Mtg Assn 3135GOK28 AAA US 299,700.00 299,700.00 300,000.00 1.250% 297,225.00 07119/17 10/26/16 04/26/19 Fed Home Ln Mtg Corp 3137EADK2 AAA US 249,035.00 249,035.00 250,000.00 1.250% 247,555.00 07/07/17 02/01/13 08/01/19 Fed Home Ln Mtg Corp Med Term Note 3134G96U6 AAA US 200,000.00 200,000.00 200,000.00 1.050% 197,194.00 quarterly 08123/16 11/23/16 08/23/19 Fed Home Ln Bank Fed Farre Credit Bank RFCSP Strip Principal Zero Coupon _ Fed Farm Credit Bank 313383VNB AAA US 301,065.00 301,065.00 300,000.00 2.000% 300,390.00 semi-annual 12/07/17 none 09/13/19 3133EGVJ1 AAA US 297,300.00 297,300.00 300,000.00 1.160% 295,689.00 semi-annual 12/08117 none 09/26/19 76116FAA5 AAA US 185,568.00 185,568.00 200,000.00 193,108.00 maturity 07/22/15 none 10/15/19 3133EGBKO AAA US 199,600.00 199,600.00 200,000.00 1.300% 197,116.00 semi-annual 05/25116 11/25/16 11/25/19 Fed Home Ln Mtg Corp Zero Cpn 31340OBV4 AAA US 950,527.00 950,527.00 1,000,000.00 957,730.00 maturity 11102/15 none 11/29/19 Fed Farm Credit Bank 3133EGFRJ AAA US 223,031.25 223,031.25 225,000.00 1.330% 222,221.25 semi-annual 11/03/17 none 12/16/19 Fed Home Ln Mtg Corp 3137EAEE5 AAA US 297,912.00 297,912.00 300,000.00 1.500% 297,162.00 semi-annual 12/07117 07/17/17 01/17/20 Fed Home Ln Bank 313OA3XL3 AAA US 99,500.00 99,500.00 100,000.00 1.500%1 99,013.00 semi-annual 07/22/15 08/10/15 02/10/20 Fed Home Ln Mtg Corp Med Term Note 3134GBS78 AAA US 200,000.00 200,000.00 200,000.00 1.500% 198,862.00 semi-annual 10/27/17 04/27/18 10/27/20 Fed Home Ln Mtg Corp 3137EAEK1 AAA US 299,193.00 299,193.00 300,000.00 1.875% 298,428.00 semi-annual 12/07/17 05/17/18 11/17/20 Fed Nag Mtg Assn 3136G4JM6 AAA US 200,000.00 200,000.00 200,000.00 1.850% 196,966.00 semi-annual 12/28/16 06128/17 12/28/20 FICO Strip Cpn Zero Coupon 31358BAA6 US 94,480.00 94,480.00 100,000.00 97,858.00 maturity 04/17/15 none 02101/19 16,940,504.30 Kaufman TX 486206KR5 A3 local 61,821.00 61,821.00 60,000.00 3.000% 59.584.20 semi-annual 06/28/16 02/15/17 02/15/23 Chaska MN 161663653 AA local 104,657.00 104,657.00 100,000.00 4.000%1 103,019.00 semi-annual 09108/14 none 02/01/24 Mitchell SD Bch Dist #17-2 606687EHO AA local 116,702.00 116,702.00 100,000.00 6.000% 105,516.00 semi-annual 12/20/11 06/15/19 06/15/24 City Minn ISD #81 Lake 3 508084DW7 AA- local 103,933.00 103,933.00 100,000.00 5.000% 103,937.00 semi-annual 05/11/11 none 02/01/25 Milaca Minn ISD #912 598699NT9 AA+ local 106,941.00 106,941.00 100,000.00 5.650% 103,169.00 semi-annual 07/22/11 none 02101/27 Minneapolis MN 60374YG68 AAI local 110,419.00 110,419.00 100,000.00 4.700% 102,847.00 semi-annual 10/31/11 none 03/01/23 Minneapolis MN 60374YG76 W ]oral 72,201.35 72,201.35 65,000.00 4.800% 66,891.50 semi-annual 12/09/14 none 03/01/24 6,068,939.75 local 1,254,016.10 state 6,035,345.25 US 1-5Years Description Cusip Number Credit Rating/F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity 1 Due Data Ann Arbor Ml 035438CF5 AA1 local 262,025.00 262,025.00 250,000.00 5.750% 261,002.50 semi-annual 12/27/17 05/01/19 05/01/27 Alexandria MN ISD#206 015131LO6 AA2 local 279,760.50 279,760.50 270,000.00 3.000% 274,282.20 semi-annual 01/21/15 none 02/01/23 Duluth MN 264438ZL9 AA2 local 29,767.20 29,767.20 30,000.00 2.625% 29,363.10 semi-annual 12/05/12 08/01/13 02/01/25 Will County IL Cmnty Zero Coupon 969078OM9 AA2 local 159,000.00 159,000.00 500,000.00 333,925.00 maturity 08/25/09 none 11/01/27 Hawkins Cnty, TN 420218PL7 AA3 local 111,480.00 111,480.00 100,000.00 4.800% 102,581.00 semi-annual 03/13/12 none 05/01/24 Savage Minn 80465PAN4 AAA local 198,018.00 198,018.00 200,000.00 4.800% 207,608.00 semi-annual 06/17/10 02/01/11 02/01/24 Tennessee Valley Auth Ser E 880591CJ9 AAA local local 121,500.00 250,000.00 121,500.00 250,000.00 100,000.00 250,000.00 6.750% 129,427.00 250,000.00 semi-annual maturity 03/19/09 02/06/08 none 11/01/25 Ice Deposit- National Sports Center none none 01/01/26 Georgia Slate 373384208 AAA state 204,444.00 204,444.00 200,000.00 2.780% 202,332.00 semi-annual 12/13/16 none 02/01/23 Fed Home Ln Bank 3130A8W33 AAA US 39,000.00 39,000.00 40,000.00 2.100% 37,549.20 07/27/17 08/22/17 08/22/25 2,473,033.70 Itasca County Minn 465452GP9 A local 105,024.00 105,024.00 100,000.00 5.550% 102,259.00 semi-annual 07/12/11 none 02/01/28 Van Buren Mich Public Schools 920729HD5 AA1 local 102,750.00 102,750.00 100,000.00 6.430%1 105,614.00 semi-annual 07/17/09 11/01/09 05/01/29 Fed Farm Credit Bank 31331VLC8 AAA US 106,030.45 106,030.45 100,000.00 5.250% 121,564.00 semi-annual 02/26/10 none 04/21/28 329,437.00 34,535,357.13 2,233,152.50 local 202,332.00 state 37,549.20 US 6 - 30 Years 207,873.00 local 121,564.00 US 10+ Years INVESTMENT SCHEDULE - Money Market Funds December 31, 2017 Description Current Market .Value YTD Interest' Wells Far o 1 Wells Fargo Government Money Market Fund 1 $4,672,080.641 $7,703.71 4M 1 14M 1 1,004,597.831 2,703.09 4M PLUS 1 14M Plus 1 6,934.041 3,826.49 Premier Bank i I Premier Bank Money Market 1 275,589.471 654.13 Grand Total Money Market Funds 1 $5,959,201.98 1$14,887.42 Updated: 1/1612018