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HomeMy WebLinkAboutCC - February 5, 2018NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Monday, February 5, 2018 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (1/16/18 Regular; 1/16/18 Special; 1/17/18 Special; 1/23/18 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Repeal & Approve Ordinance/Public Right of Way Management — Engineering 4. Approve Ordinance/Antennas and Towers - Planning 5. Accept Petition/Waive Public Hearing/Order & Approve Feasibility Report/Order Assessment Rolt/18- 17/1826 Andover Blvd. NW/SS & WM - Engineering 6. Approve Commission Appointments- Administration 7. Approve 2018 Kennel License —Administration 8. Approve Utility Billing Services Contract/OPUS21 Management Solutions, LLC - Finance Discussion Items 9. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/18-1 — Engineering Staff Items 10. Schedule EDA Meeting —Administration 11. Schedule March Workshop —Administration 12. Schedule Local Board of Appeal & Equalization Meeting —Administration 13. Administrator's Report —Administration Mayor/Council Input Adjournment 4V&6 I T Y O F ND 6 RJ! P - 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 Administra FROM: Michelle Harmer, Deputy City Cle SUBJECT: Approval of Minutes DATE: February 5, 2018 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: January 16, 2018 Regular January 16, 2018 Special January 17, 2018 Special January 23, 2018 Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ( Michelle Harmer Deputy City Clerk Attach: Minutes 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 REGULAR ANDOVER CITY COUNCIL MEETING —JANUARY 16, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council Trude, January 16, 2018, 7:00 p.m., at the Andover City Hall Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: PLEDGE OF RESIDENT No one Motion by B unanimously. APPROVAL OF January 2, 2018, Regular Mike Knight, Sheri None City Administra Assistant Public City A Others called to order by Mayor Julie :5 Crosstown Boulevard NW, and James Goodrich Haas r, David approve the Agenda as presented. Motion carried Correct as amended. Mayor Trude requested a correction on page three, line 9, to reflect Vice "Mayor," rather than Vice "Chair." Motion by Holthus, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Regular Andover City Council Meeting Minutes — January 16, 2018 Page 2 1 Item 2 Approve Payment of Claims 2 Item 3 Accept Contribution/North Metro Soccer Association/Andover Community Center (See 3 Resolution R005-18) 4 Item 4 Approve Application for Exempt Permit 5 Item 5 Approve 2018 Used Vehicle Sales Business Licenses 6 Item 6 Accept Resignation/Retirement of Jim Smith, Utilities Maintenance Worker 7 Item 7 Approve Debt Service Payments 8 9 Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 10 unanimously. 11 12 ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Lieutenant Schuldt gave the monthly Sheriff s Report, in place of Commander Lenzmeier. HOLD PUBLIC HEARING/18-2, 2018 STREET RECONSTRUCTION & 18-11, 143PD AVE NWRECONSTRUCTION Mr. Berkowitz explained each year the roadway segments in the most need of repair throughout the City are reconstructed as part of the City of Andover's annual street reconstruction program. The majority of the Andover Boundary Commission Plat 1, as well as 1431d Avenue NW from Round Lake Boulevard NW to Xenia Street NW are identified in the City's Capital Improvement Plan (CIP) for reconstruction in the summer of 2018. The project would include reclaiming the existing bituminous, replacing/patching deteriorated concrete curb and gutter, storm sewer repairs, and constructing a new bituminous surface. A trunk water main would be constructed in 143`d Avenue from west of Round Lake Boulevard NW to Woodbine Street NW to provide a looped distribution system. 143rd Avenue NW from Xenia Street NW to Round Lake Boulevard NW would be widened 3.2' on the north side to provide a wider shoulder for on street parking and can act as a pedestrian safe way when not used for parking. The south side will be posted, "no parking." A narrower striped shoulder would be included on the south side of 143`d Avenue NW, without any roadway widening due to physical constraints. This has been a very effective reconstruction method since the City began the process back in 1996. Three separate assessment amounts are proposed for this project. One for the standard street reconstruction, one for areas with a mill and overlay of newer pavement, and a deferred assessment for the cost of water main service stubs only for properties along 143`d Avenue NW adjacent to the trunk water main extension. Some residents submitted letters that state they are not interested in a water stub to their property. A neighborhood informational meeting was held on November 6, 2017 with the residents to discuss the project and to answer preliminary questions and receive comments. The project is to be funded from a combination of special assessments and City funds. Twenty- Regular Andover City Council Meeting Minutes —January 16, 2018 Page 3 1 five percent of the total project costs based upon a standard roadway section would be assessed to 2 the benefiting properties fronting along the improved street as identified in the City's Roadway 3 Reconstruction Assessment Policy. The remaining costs would be funded through the City's Road 4 and Bridge Fund, through Municipal State Aid Funds (143`d Avenue NW improvements only) and 5 the Trunk Water Fund. The estimated assessments vary from $1,810 to $2,960 for the project. 9 Mayor Trude asked for clarification regarding the corner lots and water stubs. It was stated that 10 residents understand this may be the only opportunity to bring a water stub. It is also an 11 opportunity to have it available in the future for a future buyer of a resident's property. The City 12 does not expect water to go into the adjacent neighborhood. It was explained there is no immediate 13 assessment if a water stub is put in, the assessment on the water stub would come due if the 14 property is hooked up to City water. Mr. Berkowitz explained further about the water main and 15 the proposed location of the water stub, in response to Councilmember Bukkila's question. In one 16 situation there is only a proposed water stub assessment, not an assessment for street 17 reconstruction. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Motion by Bukkila, Seconded by Knight, to open the public hearing at 7:27 p.m. Motion carried unanimously. Carla and Dale Lang, 14299 Underclift Street, came to the podium and proposed that they should not be part of the current reconstruction project. They did not want their property to be treated differently than their neighbors along Underclift Street. They expressed they are happy with their well but want to leave that issue up to the next owner. Mayor Trude explained how the deferred assessment would work. Ms. Lang described the difficulties of going the additional feet and the encumbrances of putting in City water and reinforced her position and her concern regarding the need for the tree barrier and the potential disturbance to her driveway. Mayor Trude asked the staff to respond. Mr. Berkowitz addressed how mortgage companies handle this type of situation at the time of sale. The assessment generally cannot be more than 3% of the total sale. It would not be a forced hook up. FHA loans may require it [hook ups]. Councilmember Bukkila asked about consideration for a neighborhood's interest in "hooking up." Mayor Trude asked about the other property with a similar issue. Councilmember Bukkila stated the water main is going in "no matter what." She expressed her belief that it is the resident's decision to make, whether or not the homeowner's decision is the correct one in her eyes. Councilmember Goodrich also felt that the right decision was to put the stub in, but that the resident should be able to make that decision. Councilmember Holthus felt 14299 Underclift Street should be removed from the project, overall, with the understanding that they may not have another opportunity to hook up to City water. Mr. Berkowitz addressed the second petitioner along Vintage Street. He described the difference Regular Andover City Council Meeting Minutes—January 16, 2018 Page 4 1 between the two situations with the two petitioners. Most water services come in from the front. 2 Mr. Berkowitz clarified the deferred assessment for the water stub would come due at the time of 3 sale and does not include costs for inflation. 4 5 Mayor Trude reminded everyone this is the first time that the City is starting the formal process 6 for a reconstruction project in this neighborhood. 7 8 Mr. Don Legge, of 14417 Vintage Street NW, came to the podium and wished to speak for Randy 9 at another address. The front of this home comes off of Vintage Street. The owner does not want 10 the "water to come in [to his property]." He will encourage Randy to come to a City Council 11 meeting at a future time, if he so desires. Mayor Trude stated his project is definitely part of the 12 street reconstruction project and the water will go down 143`d for the reason of [fire] safety in the 13 community 14 15 Motion by Bukkila Seconded by Knight, to close the public hearing at 7:51 p.m. Motion carried 16 unanimously. 17 18 Motion by Bukkila, Seconded by Knight, to approve Resolution No. R006-18, ordering the 19 improvement of project nos. 18-02, 2018 street reconstruction & 18-11, 143`d Ave NW 20 reconstruction and directing preparation of final plans and specifications. Motion carried 21 unanimously. 22 23 HOLD PUBLIC HEARING/17-131UNIVERSITYAVE. NW OVERLAY 24 25 Mr. Berkowitz explained this is an assessment hearing. 26 27 University Avenue NW from 1571" Avenue to Constance Boulevard street overlay was completed 28 in the fall of 2017. This section of roadway is a shared border with the City of Ham Lake and they 29 were the lead agency on the project. 30 31 The project consisted of milling a portion of the existing roadway and paving a 2" thick bituminous 32 surface. 33 34 This project is jointly funded (50/50 split) between Andover and Ham Lake. The total construction 35 cost is $56,043.49, of which the City of Andover is responsible for $ 28,021.75. Ham Lake 36 enforced liquidated damages because the contractor failed to complete the project on time, which 37 reduced the City's portion of construction to $26,929.57. With 11.21% indirect costs, the total 38 project cost is $33,211.16. In accordance with the City of Andover's Roadway Reconstruction 39 Assessment Policy, 25% of the City of Andover's share of the project costs, $8,302.79, is being 40 assessed to the benefitting properties. There are seven parcels impacted by assessments for this 41 project. The final assessment rate per unit is $1,186.11. The feasibility report estimated the 42 assessment to be $1,880.00. 43 44 The assessment roll has been prepared and is available in the City Engineer's office for review. Regular Andover City Council Meeting Minutes —January 16, 2018 Page 5 1 The assessment will be over a 5 -year period at a 4.5% interest rate for an annual assessment amount 2 of $270.19, if the property owner decides not to pay at this time and elects to have it certified by 3 Anoka County. The assessment roll has been prepared and is on file in the City Clerk's office for 4 review. 5 6 Andover's share of the project costs will be funded from the City' s Road & Bridge Fund in the 7 amount of $24,908.37, with 25% of Andover's total project costs, $8,302.79, for the improvements 8 assessed to the benefiting properties as identified in the City' s Roadway Reconstruction 9 Assessment Policy. 10 11 Motion by Knight, Seconded by Goodrich, to open the public hearing at 7:56 p.m. Motion carried 12 unanimously. 13 14 There was no one present in the audience to speak. 15 16 Motion by Holthus, Seconded by Knight, to close the public hearing at 7:57 p.m. Motion carried 17 unanimously. 18 19 Motion by Knight, Seconded by Holthus, to approve Resolution No. R007-18, adopting the 20 assessment roll for the improvement of project no. 17-13, University Avenue NW overlay. Motion 21 carried unanimously. 22 23 CONSIDER APPROVAL OF 2018 PARK DEDICATION STUDY AND RESOLUTION 24 ADOPTING PARKDEDICA TION FEE 25 26 Mr. Haas stated the park dedication fee recommended, based on the park dedication study, is 27 $3,319 per unit for residential (single-family residences, town homes and twin homes, apartment, 28 and lot splits) and $9,957 per acre or 10% of the market value of the land for commercial/industrial 29 property (whichever is less). 30 31 The main highlights of the report were as follows: 32 • The study no longer will include the Rural Reserve area. If the Rural Reserve area develops, 33 a separate study will need to be developed which will provide recommendations on the 34 various types of parks that could be included in the area and what the park dedication fee 35 should be for developing those parks. 36 • Based on the Metropolitan Council predicted buildout of the City and the surplus of mini 37 parks, it is recommended that no additional land for mini parks be taken as part of the park 38 dedication requirements. 39 • Based on the Metropolitan Council predicted buildout of the City, even though there is a 40 surplus of 5.24 acres of neighborhood parks, the Park and Recreation Commission is 41 recommending one additional neighborhood park near the east -central part of the City 42 somewhere in Sections 13, 23, or 24 Township 32 Range 24. Note: This was also noted in 43 the 2011 Park Dedication Study. 44 • Based on the Metropolitan Council predicted buildout of the City, community parks is Regular Andover City Council Meeting Minutes —January 16, 2018 Page 6 1 deficient by about 120 acres but Bunker Hills Park does make up for some if not all the 2 acreage to satisfy NRPA suggested recommended acres. 3 • Based on the Metropolitan Council predicted buildout of the City and the surplus of 4 community playfields, it is recommended that no additional land for community playfields 5 (example like Sunshine Park) be taken as part of the park dedication requirements. 6 • The actual household count from the 2016 Metropolitan Council estimate and the estimated 7 2040 household count is indicating the City is approximately 67% developed not including 8 the Rural Reserve Area). 9 • The City has completed approximately 66% of its identified 2040 park system based on 10 estimated value and future improvements. This indicates that the current park system is on 11 track with the City's current population. 12 • Once the 2020 US Census is done, it is recommended that an update to the park dedication 13 study be done to determine the park dedication fee based on the population numbers and 14 the improvements yet to be completed. By then, Metropolitan Council will have new 15 estimates on household numbers (not including the Rural Reserve Area) identified in the 16 City of Andover's Comprehensive Plan. 17 18 Mayor Trude noted the Shadowbrook West Park was not included on the list. This is a passive 19 area where trees are enjoyed, but she would like to use a different name other than "undeveloped 20 park." It is essentially a park without a play structure. "Scenic park" was suggested, as well as 21 "view park," and some parks are simply wetlands. These wetlands have a park name. 22 23 Mr. Haas noted there are 2 page 5s in the report. 24 25 Mayor Trude noted Andover does not quite "fit the norm" in these cases. 26 27 Councilmember Holthus stated her appreciation for the time and effort put into the study. 28 29 Motion by Holthus, Seconded by Goodrich, to approve Ordinance No. 477, amending the City 30 Code Title 1-7-3 establishing the park dedication fee to be collected by the City of Andover. 31 Motion carried unanimously. 32 33 SCHEDULE SPECL4L CITY COUNCIL MEETING 34 35 Mr. Dickinson requested the Council schedule a Special City Council meeting to discuss topics as 36 detailed in the staff report. Updates from the listening sessions will be provided in a meeting 37 regarding the planning for possible expansion of the Community Center. 38 39 The Council discussed the draft agenda and available dates. 40 41 Motion by Knight, Seconded by Goodrich, to schedule a Special City Council Meeting on 42 Monday, February 12, 2018, at 6:00 p.m. Motion carried unanimously. 43 Regular Andover City Council Meeting Minutes — January 16, 2018 Page 7 SCHEDULE FEBRUARY COUNCIL WORKSHOP Mr. Dickinson requested the Council schedule a City Council workshop meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. 8 Motion by Knight, Seconded by Holthus, to schedule a City Council Workshop on February 27, 9 2018, at 6:00 p.m. Motion carried unanimously. 10 11 ADMINISTRATOR'S REPORT 12 13 City Staff updated the Council on the administration and city department activities, legislative 14 updates, updates on development/CIP projects, and meeting reminders/community events. 15 16 (Mr. Dickinson) Mr. Dickinson attended the Andover Station North Owners Association meeting. 17 Joe Janish also attended. The City is a non-voting member, but Mr. Dickinson is still the President. 18 It is a good opportunity to find out what is going on in the Andover Station North area. All of the 19 businesses are doing very well and Acapulco has plans to expand operations in another community. 20 Pizza Ranch is doing well and owner also has plans to expand into another community. The 21 Animal Hospital is doing excellent and exceeding expectations. The QCTV Executive Committee 22 is talking about the expansion activity and bid documents to submit to the full board. Upgrades 23 would include high definition, better microphones, better signal, and acoustical upgrades. Security 24 in City Hall will also be considered. Acoustics are the biggest challenge in the Andover City Hall 25 facility. Mayor Trude expressed her concern about the presentation screen. Mr. Dickinson 26 responded the plan is to go to smartboards for presentations. Mayor Trude would like to see plug - 27 ins for the iPads [in the Council Chambers]. The consultants who specialize will look at the 28 presentation area, responded Mr. Dickinson. There would be a plug-in opportunity for 29 presentations at the podium. 30 31 (Expansion Projects) Mr. Dickinson indicated the YMCA would be sharing its stakeholder input. 32 He is working with the YMCA on updating the lease agreement; and Ehlers and Associates, the 33 City's fiscal consultant, is being consulted on how to fund such an effort. 34 35 (Year-end) Mr. Dickinson reported he has been working on year-end reports, preparing for audits 36 and W-2 Forms. In addition, there has been a lot of activity with developers and there has been 1 37 new home permitted, so far this year. 38 39 (Mr. Berkowitz) Mr. Berkowitz has been looking at easements needs for 10 properties along 40 Crosstown Boulevard. He also thanked the snow removal crew. Also a 17 -year employee, Jim 41 Smith, was recognized for being mechanically inclined and using those skills at the water treatment 42 plant. He has been a dedicated employee and will still be working with the City for 2 more weeks. 43 Thanks were expressed from the entire Council. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Regular Andover City Council Meeting Minutes—January 16, 2018 Page 8 MAYOR/COUNCIL INPUT (Mayor Trude) Mayor Trude mentioned the upcoming Council Workshop where they will be doing a number of interviews for Commission positions. On February 13`h there will be a State of the Cities address before the Chamber. There will be updates from 10 cities. She also expressed her appreciation for work done on the roads during the cold weather. Councilmember Goodrich reiterated that he received complements on the recent snowplowing. ADJOURNMENT Motion by Knight Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting adjourned at 8:25 p.m. Respectfully submitted, Marlene White, Recording Secretary Andover City Council Interviews for Commission Openings Minutes —January 16, 2018 Page 2 1 Mr. Ingebritson stated he would like to help preserve open areas in the City because he felt the 2 City had many parks and did not need to change all open areas into parks. 3 Councilmember Knight asked what his work background consisted of Mr. Ingebritson stated he 4 is a mechanic but grew up on a farm. 5 6 Mayor Trude stated the Open Space Advisory Commission meets once a month or quarterly as 7 needed. She stated they are looking at ways to promote the Open Space and market it to the 8 community rather than purchase more open space area. 9 10 Councilmember Bukkila arrived at 5:43 p.m. 11 12 The Council thanked Mr. Ingebritson for taking the time to interview. 13 14 Brian Beck — Park & Recreation Commission / Open Space Advisory Commission 15 16 Brian Beck stated he was new in town and thought either position would be of interest to him. 17 18 Councilmember Knight asked Mr. Beck what his background was for Park & Recreation. Mr. 19 Beck stated he grew up in Worthington, MN and as a Police Officer in White Bear Lake he 20 became the Community Policing Coordinator and some of their problem solving problems had to 21 deal with parks. He noted he also taught at a college for a while and also worked with juveniles 22 a lot within the park system. 23 24 Mayor Trude reviewed the Park & Recreation Commission role in the community. 25 26 Councilmember Holthus stated she was on the Park & Recreation Commission for years and in 27 Andover there are two different kinds of parks, regional and neighborhood parks. One of things 28 to think about is where to put all of the resources or higher budget items. There is always a 29 balancing act when planning out the parks. 30 31 Mr. Beck stated he was impressed with the number of parks in Andover and one of the reasons 32 they moved here. He also coached baseball and mowed park lawns in White Bear Lake. He 33 thought it was time to get involved again in the community. He also noted he taught canoeing in 34 another community. 35 36 Mayor Trude reviewed the Open Space Advisory Commission position with Mr. Beck. 37 38 Mr. Beck stated he grew up living on a lot of land and enjoyed hunting. 39 40 Councilmember Goodrich asked if Mr. Beck would be able to go to the monthly meetings. Mr. 41 Beck stated he is retired and would be available to meet when needed. 42 43 Councilmember Bukkila asked what kind of background did he have in regard to budgeting. Mr. 44 Beck stated the budgeting on the Police Department was taken care of by the Captain but he 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER COMMISSION INTERVIEWS —JANUARY 16, 2018 MINUTES The Andover Commission Interviews was called to order by Mayor Julie Trude, January 16, 2018, 5:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Staff present: AGENDA APPROVAL The agenda was approved as INTERVIEWS OF COMMISSION / APPLICANTS Ryan Ingebritson,- Ryan Ingebritson stated he would like to'nursue. Mayor Trude as hobbies include Mike Knight, Sheri 1 and James Goodrich None City the to at 5:43 p.m.), Valerie Holthus 'ARK & RECREATION [ON / COMMISSION S Advisory Commission. from Coon Rapids. He felt this was a role he what some of his hobbies are. Mr. Ingebritson stated his ldren, and he enjoys the outdoors. Councilmember Holthus asked if Mr. Ingebritson has visited the open spaces and which ones does he like the best. Mr. Ingebritson stated he has visited one along the north and North Woods Preserve. Councilmember Goodrich wondered if Mr. Ingebritson had any ideas that he would like to pursue while on the Open Space Commission. Mr. Ingebritson stated he did not have any ideas for a future agenda but would like to help out where needed. Councilmember Holthus explained the two functions of the Open Space Commission. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —JANUARY 16, 2018 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ....................................... RESIDENT FORUM .................................................... AGENDA APPROVAL ................................................ APPROVAL OF MINUTES .......................................... CONSENT ITEMS ........................................................ Item 2 Approve Payment of Claims ........................ Item 3 Accept Contribution/North Metro Soccer A (R005-18)........................................................... Item 4 Approve Application for Exempt Permit..... Item 5 Approve 2018 Used Vehicle Sales Business Item 6 Accept Resignation/Retirement of Jim Smit Item 7 Approve Debt Service Payments .......:... ................................................................. 1 ................................................................. 1 ................................................................. 1 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT.. HOLD PUBLIC HEARING/18-2,2018 STREET RECOT NW RECONSTRUCTION (R006-18).. ................. HOLD PUBLIC HEARING/17-13/UNIVERSITY AVE.':` CONSIDER APPROVAL OF 2018 PARK DEDICATIO] ADOPTING PARK DEDICATION FEE (Ordinance 4 SCHEDULE SPECIAL CITY COUNCIL MEETING ...... SCHEDULE FEBRUARY COUNCIL WORKSHOP..... ADMINISTRATOR'S REPORT : ......... ................ . (Mr. Dickinson) .......: ................................... ................ (Expansion Projects) ,............................... ............... (Year-end) ......., ......... (Mr. Berko :...... ............... MAYOR/COUNCIL'INPUT....:: ................. (May,or.Trude).......... ......... .................. ............................................ aintenance Worker ............. 2 ............................... 2 ...... .............................. 2 ION & 18-,11, 143RD AVE. ............................................ 2 ZLAY (R00718) ................4 AND RESOLUTION .............................................. 5 ............................................... 6 ............................................. 7 .............................................. 7 ............................................... 7 ................................................... 7 ................................................... 7 ................................................... 7 ................................................... 8 ................................................... 8 ................................................... 8 Andover City Council Interviews for Commission Openings Minutes —January 16, 2018 Page 3 1 wrote grants and made sure the grant money was allocated properly. He stated he understood the 2 principles of budgeting. 4 The Council thanked Mr. Beck for taking the time to interview. Bill Crossman — Planning & Zoning Commission /Open Space Advisory Commission Bill Crossman stated he has worked with Kameron Kytonen on previous projects. 10 Mayor Trude asked Mr. Crossman if he has gone into any Open Space areas in Andover. Mr. 11 Crossman stated he lives by a wildlife corridor but has not gone into any of the Open Space 12 areas. 13 14 Mayor Trude asked if Mr. Kytonen has had Mr. Crossman look to do any tree removal where he 15 is trying new species in Martins Meadows. Mr. Crossman indicated he has not. He stated he is 16 familiar with most of that work because he does management consulting. He indicated he would 17 prefer being on the Planning & Zoning Commission because he has more experience with 18 Planning & Zoning and going before Commissions. 19 20 Councilmember Goodrich asked what Mr. Crossman thought about zoning issues. Mr. 21 Crossman stated he is not either pro or against change. He thought if someone came up with a 22 cognizant reason to rezone he might be in favor of it. 23 24 Councilmember Knight asked what his concept of open space was. Mr. Crossman stated to him 25 the turkey farm on 7`h Avenue is a nice area that is open and farmed and being used as green 26 space with wildlife going through all of the time and if there is an opportunity to save a few of 27 those places and it makes sense then he will advocate for that. 28 29 Councilmember Holthus stated a lot of work done on Planning & Zoning Commission is intense 30 and kind of boring and you have to be able to look at the zoning chart and update it once in a 31 while. Sometimes it is pretty technical and she wondered if he would be interested in doing this. 32 Mr. Crossman stated he is not against doing any of that. 33 34 Councilmember Bukkila stated in terms of property rights, how familiar is he with them and 35 where does he fall and prioritize it. Mr. Crossman stated he is familiar with the business interest 36 and resident interest, he does not have experience with the City interest. He does not have a hard 37 and fast rule where a line gets crossed. He cannot say he has a defined opinion on that. 38 39 Mayor Trude asked Mr. Crossman if he saw things as he drove around the City and other cities 40 that he thought they should have more of or less of. Mr. Crossman stated there are some things 41 he does see because he works with Coon Rapids and Coon Creek Watershed District so they see 42 some disparities on how things are taken care. He stated it would be premature to argue one way 43 or another until it would be in front of him. 44 Andover City Council Interviews for Commission Openings Minutes — January 16, 2018 Page 4 1 Mayor Trude stated the Comprehensive Plan has to do with zoning districts and what kind of 2 future they see for Andover and she wondered what Mr. Crossman visualized more of. Mr. 3 Crossman stated by nature it is going to get more industrialized. 4 The Council thanked Mr. Crossman for taking the time to interview. Kari Kafer — Planning & Zoning Commission 8 Kari Kafer stated she moved to Andover in August 2017. Mayor Trude explained the role of the 9 Planning & Zoning Commission. 10 11 Councilmember Knight asked why she wants to be on the Planning & Zoning Commission. Ms. 12 Kafer stated she wanted to understand the land usage and serve the community. Andover is a 13 rural and urban community combined together. 14 15 Councilmember Bukkila asked what she knew in terms of property rights. Ms. Kafer stated she 16 did not know a lot about property rights. Councilmember Bukkila asked if she has any 17 knowledge on the zoning code. Ms. Kafer stated she has never had to pull a permit. She noted 18 she talked a lot to Stephanie Hanson as far as zoning before she moved to Andover. 19 20 Councilmember Knight asked how she saw Andover and what is her perception on what she 21 would like to see. Ms. Kafer stated she would like to see a balance between bringing in new 22 commercial but also trying to keep the characteristic of what has drawn people to Andover and 23 she thought there was a balance. 24 25 Mayor Trude stated on the issue of property rights, some of it is a tug -o -war where they might 26 have an area that has been farmed and the farmer wants to retire and sells to a developer because 27 they are in the area that is zoned for sewer and water development. When the property gets 28 turned into a development they have gotten neighbors who do not want a development and the 29 Planning and Zoning Commission will hear both sides at public hearings and have to make 30 decisions. Other times the Planning and Zoning Commission has to review and decide what a 31 resident can do on their property. She thought Ms. Kafer's background in tax and finance would 32 prepare her well for understanding codes but she did not know where she would stand in terms of 33 enforcement of the code. Ms. Kafer stated she would be more of a listener of the two parties or 34 the neighborhood and try to figure out what exactly is the interest of all of the parties and try to 35 find a comparable solution. 36 37 Councilmember Bukkila asked where Ms. Kafer would stand with solar panels on roofs or wind 38 turbines. Ms. Kafer stated she was for it and would not have a concern at all. She noted this 39 would be a way to save energy and would be a sustainable means of making energy. 40 41 The Council thanked Ms. Kafer for taking the time to interview. 42 43 Brian Perra — Open Space Advisory Commission 44 Andover City Council Interviews for Commission Openings Minutes —January 16, 2018 Page 5 1 Mayor Trude asked if there were any preconceived ideas when he applied for the Open Space 2 Advisory Commission because he is living next to an open space. Mr. Perra stated he did not but 3 wanted to make sure it remained open space. 4 5 Mr. Perra believed to leave the Open Space as is and as pristine as possible. He stated the trails 6 are nice. He commented he lives adjacent to the Maple View Preserve. 7 8 Councilmember Holthus asked if Mr. Perra has been to the other open space areas. Mr. Perra 9 stated he has been to one other on Hanson Boulevard but not to Martins Meadows. 10 Councilmember Holthus asked if Mr. Perra had certain ideas of what should be in an open space 11 area. Mr. Perra thought there needed to be trails so people can enjoy the open space without 12 ruining the nature while walking through them. 13 14 Councilmember Holthus reviewed how the City accumulated open space in Andover. She stated 15 the newest open space area is not developed yet and she wondered what Mr. Perra would like to 16 see there. Mr. Perra stated he would need to learn more about the area but he enjoys living next 17 to the open space because there is a nice walking trail and it is accessible through the park. He 18 stated they get many animals walking through there and it is really nice to see. 19 20 The Council thanked Mr. Perra for taking the time to interview. 21 22 ADJOURNMENT 23 24 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to adjourn. Motion 25 carried unanimously. The meeting adjourned at 6:51 p.m. 26 27 Respectfully submitted, 28 29 Sue Osbeck, Recording Secretary 30 TimeSaver OffSite Secretarial, Inc. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER COMMISSIONINTER VIEWS —JANUARY I7, 2018 MINUTES The Andover Commission Interviews was called to order by Mayor Julie Trude, January 17, 2018, 5:32 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Staff present: Assistant Public Works Director, Todd Haas AGENDA APPROVAL The agenda was approved as INTERVIEWS OF PLANNING & COMMISSION / OPEN SPAC APPLICANTS Nick ARK & RECREATION ON / COMMISSION Mayor Prude stated Mr: Loehlein was previously appointed as an alternate and was recently appointed'as a Commissioner and has only had the opportunity to attend a few meetings as a Commission • member. Nick Loehlein stated he feels fortunate that he was able to learn as the alternate and then try out the position of Commissioner. He stated as the alternate he attempted to stay current on the matters of interest in order to be up to date on the slim chance that he was called up to the Commission. He noted`the other Commissioners have been very welcoming and helped him learn the ropes. Mayor Trude stated it is nice that Mr. Loehlein is an engineer and it was nice that he replaced an engineer on that Commission when he took that position. Mr. Loehlein agreed that it seems to be a good fit for his expertise. Councilmember Goodrich asked for his input on new development and rezoning of land that was agricultural and the transition from rural. Mr. Loehlein stated Andover offers a good blend of suburban and rural areas. He stated he is excited to see how the Rural Reserve area transitions in the future. He noted the trend for young people is a desire to live in a city type area. He stated Andover City Council Interviews for Commission Openings Minutes — January 17, 2018 Page 2 1 he would not foresee a huge change in direction for Andover. He stated as a lifelong Andover 2 resident, transportation is an issue. He noted Andover has the benefit of having County roads 3 rather than State roads, as he feels that the County has done a better job managing their 4 roadways. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Councilmember Holthus asked which neighborhood Mr. Loehlein resides in. Mr. Loehlein replied he lives in Red Oaks Manor 5' Addition. Councilmember Holthus asked if the applicant would have interest in other Commissions. Mr. Loehlein replied because of his area of expertise he believes the Planning and Zoning Commission would be the best fit. Councilmember Bukkila asked the challenges the applicant has experienced and what his contribution has been. Mr. Loehlein provided an example of a review that was done regarding a code change for accessory structures. He explained he was unsure how staff came to their decision and noted he did have questions that he held for the meeting. He stated looking back, perhaps it would have been better to reach out to staff before the meeting to gain additional information. He provided another example of a plat in which neighbors were requesting a park, noting the plat only included three lots. He stated he appreciated the way the Chair ran the meeting and welcomed the public input. He noted it was a learning opportunity for him, as it was a chance to hear a lot of public input, even though it was not a request that would be appropriate at this time. He stated he shared comments about possibilities for parks in future developments in the area, where it may make more sense to add a park. Councilmember Knight asked where the applicant would see the City in ten years. Mr. Loehlein replied he believes housing will continue to grow. He stated he would hope to see a plan for the Rural Reserve area and that beginning to develop as well as development of some of the major roads and thoroughfares in the City. Mayor Trude commented typically comments regarding parks would not be heard by the Planning and Zoning Commission but explained in that instance the public missed that opportunity to speak and therefore attended the Planning and Zoning Commission meeting. Councilmember Knight noted in the past the trend has been that more professional type individuals (lawyers, accountants, etc.) were choosing to live in Andover over surrounding communities and asked if the applicant believes that trend would continue. Mr. Loehlein confirmed he believes that trend would continue because of the value the community offers. Mayor Trude expressed her appreciation for the work that Mr. Loehlein has completed on the Planning and Zoning Commission and his understanding of the importance of attendance. Dawn Perra — Park & Recreation Commission Andover City Council Interviews for Commission Openings Minutes — danuary 17, 2018 Page 3 Dawn Perra confirmed she was originally made an alternate and then appointed for almost one- year after a Commission member vacated their position. She stated in the beginning of her appointment she was quiet, in an attempt to learn more about the process. She stated after about three meetings she felt more comfortable and she is enjoying the process and believes that she is contributing. 7 Councilmember Bukkila asked some of the challenges the applicant has gone through in the past 8 year and how she has overcome those issues. Ms. Perra stated she watched some of the previous 9 meetings to gain background information on the process. She stated it has been a challenge to 10 attempt to learn the history and upcoming goals. She noted the Chair has been very helpful in 11 answering her questions and helping her get up to speed. 12 13 Councilmember Holthus asked what should be a priority in terms of budgeting. Ms. Perra stated 14 safety should be a priority. She explained replacing an unsafe structure with a new structure, or 15 even no structure, should be a priority. She stated there is a balance between safety and 16 priorities, noting the cost of a paving a parking lot compared to people parking along a roadway 17 for sports activities. She recognized the City is in a position where there are a lot of repairs to be 18 made and limited funds. 19 20 Mayor Trude noted the park dedication received a healthy contribution this year with the spike in 21 home development. Ms. Perra stated it was her understanding that after the lull in 2008 there 22 was a surge and then a lot of parks were constructed. 23 24 Councilmember Bukkila stated a lot of that came from opportunity, taking advantage of the 25 opportunity to purchase the land when it's available and perhaps not building on that land until 26 later. 27 28 Councilmember Knight asked if the applicant has continued with the Charter School. Ms. Perra 29 stated she has not participated with the Charter School for the past few years as she accepted this 30 commitment. 31 32 Councilmember Goodrich asked if the applicant has any other ideas for the future of parks. Ms. 33 Perra stated Andover is a young city and the needs are changing. She stated she likes that they 34 are gaining input from neighborhoods when they are redoing the parks in an attempt to better 35 gauge the current use and demographics of the area. She noted as developments age, the needs 36 of that group of residents changes as well. She stated she lives near Maple View Preserve and 37 her family heavily uses that area, noting the City has done a great job establishing the trails in 38 that preserve. 39 40 Mayor Trude noted in that situation the developer wanted the park as an amenity to bring in 41 young families. Ms. Perra confirmed the park is heavily used by the development. She stated 42 the trail throughout the development is also heavily used, and a selling point for her when she 43 considered purchasing her home. 44 Andover City Council Interviews for Commission Openings Minutes —January 17, 2018 Page 4 1 Ms. Perra stated she believes she is in her stride on the Commission and would like to continue 2 to contribute. She stated she feels that it is important to be involved in the community and loves 3 to be outdoors and therefore she feels this is a good fit for her. 4 Mayor Trude stated the Council likes to see a mix of people on the Commissions that bring their 5 own input and ideas. She noted when topics arise, it is important for everyone to provide their 6 input because of the different experience that they bring. She noted Ms. Perra does fill an 7 important position and does bring valuable information to the Commission. 8 9 Mary VanderLaan — Planning & Zoning Commission 10 11 Mary VanderLaan provided background information on herself, noting she moved to Andover in 12 1971. She stated she previously served on the Planning and Zoning Commission when the first 13 Comprehensive Plan was created and when many important decisions were made which helped 14 to guide the development of Andover. She stated in her time on the Commission, she worked in 15 conjunction with the legislators, and helped to develop certain development standards, such as 16 road standards. She stated she previously owned a business and has experience supervising 17 different individuals. She stated now that she has sold her business, she would like to come back 18 and attempt to serve the community. She noted she understands the importance of following the 19 laws and regulations of the community, even if you perhaps do not personally agree with all of 20 the regulations. 21 22 Councilmember Goodrich stated Andover has grown, noting about 100 homes were built in the 23 last year, and asked for the opinion of the applicant on the change and property rights. Ms. 24 VanderLaan stated the fundamentals are still in place even though the City has changed. She 25 stated the infrastructure is important and controlling the urban sprawl is also important. She 26 stated orderly development has been as good as it can be. She acknowledged the Comprehensive 27 Plan has changed, as it has to over the years, in order to keep up with the changing times. She 28 stated there are many more people than there were years ago, but the fundamentals are still the 29 same and the priorities are still the same. She stated the goal is to keep the high-quality 30 development standards in order to ensure the development will stand the test of time. She 31 acknowledged as a Commission member you will sometimes have to make unpopular decisions 32 for the better of the community. 33 34 Mayor Trude recognized Ms. VanderLaan would bring a lot of history with her and asked if she 35 has been following the recent activity of the Planning and Zoning Commission. She asked if the 36 applicant believes the Commission is going in the right direction. Ms. VanderLaan replied she 37 has followed the minutes of the Commission. She believes the Commission is going in the right 38 direction and believed that the staff members bring a lot of knowledge to assist the Commission 39 in their decisions. She stated she has wisdom, experience, and a willingness to continue to learn. 40 41 Jim Olson — Open Space Advisory Commission 42 43 Mayor Trude asked if the applicant is happy with the progress that the Commission has made. 44 Jim Olson stated he is happy with the progress the Commission has made over the years, noting Andover City Council Interviews for Commission Openings Minutes —January 17, 2018 Page 5 1 the four properties that were acquired are outstanding. He stated a lot of the decisions that will 2 be made in the short-term, are decisions that the community will need to live with, and the 3 Commission wants to make sure that the right decisions are made. 4 Councilmember Holthus asked for input on the future of Dalske Woodlands Preserve. Mr. Olson 5 stated that area is still primitive. He noted there are some challenges with the nearby property 6 owner and his attempt to block access but stated the Commission is trying to work proactively 7 with that property owner to resolve the issues. 8 9 Councilmember Holthus asked the applicant's vision for that area and whether it would turn 10 more towards Martins Meadows. Mr. Olson replied that Martins Meadows is more developed 11 and he would not foresee the same type of development for this area. He stated the trails will be 12 more established and perhaps a boardwalk for the creek to provide better access but believed that 13 area will remain more primitive. He stated invasive species removal and plantings could occur, 14 but he does not foresee much more development. 15 16 Councilmember Goodrich asked for additional information on what would occur on future 17 agendas. Mr. Olson stated the Commission is developing management plans for each preserve. 18 He stated the Commission would also like to review the language of the mission for the 19 Commission in order to adjust to better fit what the Commission was and what it currently is and 20 will be in the future. He stated there is a balance between keeping the area natural and providing 21 access to the community. 22 23 Councilmember Knight stated open space is not a concept that many communities have delved 24 into. Mr. Olson acknowledged not all cities have ventured into that area and if they have, they 25 have not done it well. He stated at first, he was against the name change from open space to 26 preserve but now believes it was a good change as it better describes the areas and better 27 communicates it to the public. 28 29 Mayor Trude thanked Mr. Olson for his contributions to the Commission. She noted the recent 30 programs on QCTV that the Commission did turned out excellent. Mr. Olson stated the 31 Commission has been lucky that they have had great support from staff and the City Council 32 over the years. He stated the Commission has also been lucky to continue to receive 33 Commissioners that are enthusiastic and really care about the issue. 34 35 Mayor Trude encouraged Mr. Olson and the Commission to keep up the good work and hoped 36 the Commission would be able to work something out with the property owner adjacent to 37 Dalske Woodlands Preserve. Commissioner Olson stated he is confident the Commission and 38 property owner would be able to come to an agreement. He stated he believes the property 39 owner has posted those "keep out" signs in order to keep the hunters off his property. 40 41 Mayor Trude asked what type of skill set would be a helpful addition to the Commission as there 42 are two vacant positions. Mr. Olson stated he would assume that anyone that would apply for 43 that Commission would have a background in environmental issues. 44 Andover City Council Interviews for Commission Openings Minutes —January 17, 2018 Page 6 1 Jake Widmyer — Park & Recreation Commission 2 3 Jake Widmyer stated he works for the Champlin Parks Department and noted as an 4 administrative assistant he handles a variety of issues for not only parks but also public works. 5 He stated he does attend the Park Commission meetings in Champlin. He stated he has lived in 6 Andover for about five years and provided background information on himself. He stated he has 7 always been interested in local government and that is why he pursued his current employment 8 position. He stated he believes this position would be a good fit and would interact well with his 9 employment position as well. 10 11 Councilmember Holthus asked for the experience that Mr. Widmyer has with the parks in 12 Andover. Mr. Widmyer replied he does not have much experience with the parks in Andover, 13 outside of his neighborhood park, but would look forward to learning more. 14 15 Councilmember Holthus stated Andover has three different types of parks, the small 16 neighborhood parks, the larger regional parks, and natural parks. She asked which should be the 17 priority. Mr. Widmyer replied he believes neighborhood parks should be the focus as those are 18 the parks that are used most by Andover residents. He acknowledged the large baseball type 19 parks are important for generating funds. 20 21 Councilmember Bukkila asked if the applicant has prepared for the possible appointment. Mr. 22 Widmyer replied he has reviewed prior Park and Recreation Commission and City Council 23 meetings on QCTV to learn background information and attempt to stay up to date on the current 24 issues. 25 26 Mayor Trude stated sometimes there are residents that make complaints and asked how the City 27 could be a good neighbor when they develop their parks. Mr. Widmyer stated he does have 28 experience with that in his job. He stated listening is an important factor and then explaining the 29 reasons why something is important. He acknowledged you will never make everyone happy, 30 but the goal is to make the highest number of people happy. 31 32 Councilmember Knight asked for input on why the applicant would want to join the 33 Commission. Mr. Widmyer replied he would like to be a part of the community and participate 34 in order to give back to the community as well. 35 36 Councilmember Goodrich asked if the applicant has any ideas for the future or on how things 37 could be improved. Mr. Widmyer stated he does not have any specific input at this time but is 38 sure he would have more ideas if he were on the Commission and over time. 39 40 Mayor Trude asked if the applicant would make it a point to visit other parks in the City if he 41 were appointed. Mr. Widmyer replied he recently had a son and before that he didn't have a 42 reason as a 25 -year-old man to visit the parks alone. He stated that if appointed, he would make 43 it a point to visit more of the parks and think of that as part of the job in order to have 44 background information. Andover City Council Interviews for Commission Openings Minutes—January 17, 2018 Page 7 Mayor Trude provided the example of replacing playground information and asked how the applicant would prepare for that meeting. Mr. Widmyer provided information on the process that he would follow. He stated he would visit the playground and then complete research on the recommendation online through the playground safety organization. He stated in Champlin there is a 20 -year plan and 1.33 parks are replaced per year and noted he uses that plan and information to share with residents that express a desire for their park equipment to be replaced before that time. 9 Councilmember Bukkila stated it can be hard to budget for park replacement and needs and it 10 can reach a point where there has to be a realistic understanding of the budget. She asked if the 11 applicant is able to paint a realistic expectation and asked for the applicant's experience. Mr. 12 Widmyer replied in his employment the park manager handles more of that aspect. He 13 recognized the parks and public works department often has the largest budget in the City. He 14 stated it is important to remind people that you are attempting to be fiscally responsible, because 15 it is their tax money that funds these improvements, while improving the park system. 16 17 Mayor Trude asked if there is anything the applicant would like to add. Mr. Widmyer stated he 18 may not have the experience that others may have but this is a place he wants his family to be 19 and is committed to making the City the best it can be. He noted he would bring the expertise 20 from his employment position to his Commission position as well. 21 22 Kyle Nemeth —Planning & Zoning Commission 23 24 Kyle Nemeth stated he has enjoyed the Vice Chair position. He recognized there can be 25 challenges in managing public input and noted he has learned from the Chair and the process that 26 he follows in order to keep things organized and running smoothly. 27 28 Councilmember Holthus stated a lot of time has been spent on the land use chart, conditional 29 uses, and interim uses and asked for input on the City as a whole and the land use chart. She 30 asked if anything should change on the land use chart. Mr. Nemeth stated the City did such a 31 thorough job in creating that land use chart, noting it felt like a collaborative effort. He stated 32 everyone worked together to create a great product that is well laid out. 33 34 Mayor Trude asked if the Commission has started work on the Comprehensive Plan. Mr. 35 Nemeth stated the Commission has not yet begun that work. He noted completion of the 36 floodplain map is necessary before farther action can occur. He stated it will be interesting to 37 see the density of housing that would be appropriate. 38 39 Councilmember Holthus asked for input on what the applicant believes would be appropriate for 40 the Rural Reserve area. Mr. Nemeth stated he believes that a mixed-use development would be 41 appropriate. He stated there is still a desire for larger lots, of around one acre. He stated that 42 County Oaks North is a good example of a mix in lot sizes and provides a variety of housing 43 options for people. He stated even though there was push back on that development, he believes 44 it is a good transition with the larger one acre lots bordering the more rural lots, and was a 10 11 12 13 14 15 16 Andover City Council Interviews for Commission Openings Minutes —January 17, 2018 Page 8 successful development. Mayor Trude stated the City has now successfully purchased four of the quad rentals and asked for input. Mr. Nemeth stated he feels positive about that action. He stated that while he realizes there is a fine line between wanting to keep renters in the City, he acknowledged the properties have not been well maintained. He stated he would like to see some multi -family options within Andover, using the example of a nice market value apartment building. He stated it would provide life -cycling housing options, noting that younger couples could begin in the apartments and then purchase a single-family home once they are more established. Councilmember Holthus stated there are a lot of families that want their kids to go to school in Andover. She stated the City has had a hard time finding volunteer firefighters because that it has been said that some people cannot afford to live in the community anymore. She stated she would not be interested in high-density subsidized housing. Mr. Nemeth agreed, he would be looking for market rate apartments, which would provide an option for a working couple that would like to begin their start in the community but are perhaps not at the point where they can 17 afford a home. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Mayor Trude asked where the applicant would see commercial opportunities for redevelopment. Mr. Nemeth stated 7`h Avenue and Bunker Lake Boulevard would be a good spot and acknowledged the Council has discussed that area multiple times. He stated there is a lot of traffic in that area, but the question would be what would be attracted to that area. He noted perhaps a small strip mall would be a good fit. Mayor Trude asked if the applicant would be interested in a position on the EDA, should that become vacant. Mr. Nemeth stated he does follow the City Council and EDA minutes to get a feel for what is going on. He stated he did previously express interest in the EDA but was told he could not serve on both the Planning and Zoning Commission and EDA at the same time. He stated as a Commissioner he believes the Commission works best when everyone is committed and values attendance and participation. OTHER DISCUSSION Motion by Councilmember Bukkila, Seconded by Councilmember Holthus, to appoint Frank Kellogg and Tony Howard to the Community Center Advisory Commission. Motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Goodrich, to appoint Dawn Perra and Jake Widmyer to the Park and Recreation Commission and appoint Brian Beck as the alternate. Motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Holthus, to appoint Jim Olson and Brian Perra to the Open Space Advisory Commission and appoint Ryan Ingebritson as the alternate. Motion carried unanimously. Andover City Council Interviews for Commission Openings Minutes —January 17, 2018 Page 9 Motion by Councilmember Holthus, Seconded by Councilmember Goodrich, to appoint Kyle Nemeth and Nick Loehlein to the Planning and Zoning Commission and appoint Mary VanderLaan as the first alternate and Bill Crossman as the second alternate. Motion carried unanimously. EVIIIIi81 I-drML 8 Motion by Councilmember Bukkila, Seconded by Councilmember Holthus, to adjourn. Motion 9 carried unanimously. The meeting adjourned at 7:12 p.m. 10 11 Respectfully submitted, 12 13 Amanda Staple, Recording Secretary 14 TimeSaver OffSite Secretarial, Inc. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER CITY COUNCIL WORKSHOP MEETING — JANUARY 23, 2018 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, January 23, 2018, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: CITY CODE a. Right -of -Way the Mike Knight, Sheri Bukkila, Valerie Holthu: None City Administrator, Jim Dickinson Public Works Director/City Engineer, David Community Development Director, Joe Jani Assistant Public Works Director, Todd Haas City Planner, Stephanie Hanson City Attorney, Scott Baumgartner. Others 'DISCUSSION. and James Goodrich legislative changes has prompted staff to is consistent with the League of Mr. Haas stated a Right -6f -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 facilities, language has been incorporated in the draft ordinance and follows the League of Minnesota Cities model. Mr. Haas stated staff requests the City Council review and discuss the draft ordinance and provide direction to staff. Mr. Haas reviewed the staff report with the Council. Mayor Trude asked if this ordinance is what they are following in the new neighborhoods. Mr. Haas stated on the new developments the utilities are required to be joint trenched. Connexus Energy takes the lead and they work with the other utility companies. Each are still required to submit a permit and pay the necessary fees. Andover City Council Workshop Meeting Minutes — danuary 23, 2018 Page 2 1 Mayor Trude asked if they all coordinate with the developer. Mr. Haas stated they 2 coordinate with the developer and the City. 4 Mr. Berkowitz stated Mr. Haas has administered the program with the utility companies 5 since the beginning and has done a great job. He stated he has a great relationship with 6 the utility companies. He stated there have been some challenges, but Mr. Haas has 7 created a great working relationship with the utility companies. He stated the ordinance 8 before the Council is primarily the original ordinance and he felt it was due time to 9 update the ordinance. 10 11 Mr. Berkowitz stated the small cell tower requirements that have come out have triggered 12 an update of the ordinance. He stated there has also been a need for filling in gaps. 13 Instead of cities putting a moratorium on the small cell towers the Legislature passed a 14 requirement that they will be allowed so cities need to find a way of dealing with this 15 process moving forward. Mr. Berkowitz stated these can be denied but it is harder to do 16 that. The denial needs to be based on the health, safety and welfare reasons and then try 17 to determine how something like this in a neighborhood would create those type of 18 problems would be a challenge. 19 20 Mr. Berkowitz stated as of January 1, 2018, cities need to have something in place, so the 21 companies can start pursuing the installation of these types of facilities within cities. 22 23 Mr. Berkowitz stated they anticipate many requests coming forward for placing antennas 24 on light poles. Connexus Energy light poles are fiberglass and will not physically 25 support something like that, so they would have to come in with a new steel light pole 26 and make some modifications at each location. 27 28 Mayor Trude asked if they had to co -locate according to the City ordinances in place or 29 the State law. Mr. Berkowitz stated they do not necessarily have to co -locate but that is 30 something the City could require. Mayor Trude would like to have co -location otherwise 31 there could be a lot of these along the road. Mr. Dickinson stated their current code does 32 identify co -location for other towers. 33 34 Councilmember Bukkila thought if the City could get some sort of assurance of aesthetic 35 quality she would prefer that. Mr. Berkowitz stated they will try to add some language 36 for that. 37 38 Councilmember Holthus asked if the providers will still have to pay the City regular 39 payments like they do now. Mr. Berkowitz stated if the tower or box is on City land they 40 can charge a fee but most of the poles are owned by Connexus Energy, so they cannot 41 charge if the antenna is on one of Connexus's poles. The City would collect for the 42 installation through the right-of-way management ordinance. 43 44 There was discussion on the current right-of-way ordinance. Andover City Council Workshop Meeting Minutes —January 23, 2018 Page 3 1 Mayor Trude asked if Mr. Baumgartner felt the City should get something on the books and 2 work on changes later. Mr. Baumgartner felt if they do not have an ordinance then the City fails 3 under the laws of the new Statute and under their purview, as to what is appropriate under the 4 Statute. He felt it was better for the City to control their own destiny than to leave it up to the 5 Statute. He agreed with Mr. Berkowitz to get it into place now and he thought there may be 6 changes coming. This big push started because of the Super Bowl coming into town and a lot of 7 the cell phone carriers expect to need more coverage downtown and is now moving a little 8 further out of downtown. He thought that after the Super Bowl is gone things will die down. 10 The Council thought this should move forward. Mr. Berkowitz stated they will draft up 11 an ordinance and bring it forward to the Council along with the suggested changes and 12 place on the consent agenda. 13 14 b. Accessory Structures/Portable Storage Units 15 16 Mr. Janish stated after two variances had been granted recently by the Council, staff was 17 provided direction on looking at increasing the square footage of allowable accessory 18 structures. After the approved variance requests, staff was under the understanding, it 19 was the City Council's desire to increase the square footage of allowed accessory 20 structures within the City of Andover. 21 22 Mr. Janish stated staff recommends the City Council review and discuss if increasing the 23 size of allowable accessory structures is appropriate, and if so should the size increase be 24 based on lot size, and zoning classifications. 25 26 Mayor Trude reviewed some of the history of this item with the Council. The Council 27 discussed an accessory structure going up in the City. 28 29 Mr. Dickinson stated if they have a significant number of variance requests that usually 30 triggers looking at a code amendment. Over the course of ten years there have been only 31 five variance requests related to accessory structures. Mr. Janish stated in 2011 there 32 were two variances related to height and setbacks and not related to the actual size of the 33 structure. Both of those variances were denied. He reviewed other variances throughout 34 the years. 35 36 The Council discussed if the ordinance should be changed since there have not been a lot 37 of variance requests. 38 39 Councilmember Goodrich leaned towards allowing people to do what they want to do 40 with their property. He is leaning towards changing this because it is private property 41 and he felt the owner should be able to do what they want on their property. 42 43 Councilmember Bukkila stated she understood what Councilmember Goodrich was 44 saying and felt the larger properties would have the room to do this but she felt the Andover City Council Workshop Meeting Minutes —January 23, 2018 Page 4 1 smaller properties would not have the room. In terms of profile and how it looks, some 2 lots are the entire house and would not be able to have an accessory structure on it. She 3 did not know if this change would cure any issues that are out there. 4 5 Councilmember Bukkila stated she would like to have a review of their accessory 6 structures and the design they require. She has gotten complaints about why the 7 requirements are so strict and if there are alternatives to the building materials that could 8 make it cheaper for landowners particularly on larger lots. She thought if they were 9 going to open up accessory structures they could look at the materials requirements as 10 well. 11 12 Staff reviewed with the Council the different areas in the City where large accessory 13 structures are permitted. 14 15 Councilmember Bukkila wondered if what they were doing made sense or were they 16 being so restrictive that in order to afford anything they need to be on a high-end salary. 17 She wondered if someone has the land with a $200,000 split level home why are they 18 restricted. 19 20 Mr. Patch asked if the concern was with the exterior looks because he thought newer 21 materials that were not costly looked good. Councilmember Bukkila stated she did not 22 know if there was something that would satisfy their curb appeal concern but not be so 23 expensive. 24 25 Mr. Patch stated in terms of how the current ordinance works now the ordinance Andover 26 has right now works well. It seems that the Council's primary concern is should they 27 allow lots that are larger in all districts to have accessory structures. He thought that one 28 of the things that should be done is a rewrite of the structure ordinance. He stated they 29 need to straighten out the ordinance, so it makes sense and they can also look at what 30 those material standards should be. Mr. Dickinson stated in that instance they would 31 need to go by zoning district regulations because they would want different districts to 32 allow different materials. Councilmember Goodrich thought that sounded logical. 33 34 Councilmember Bukkila asked if the City is trying to dictate the footprint of the structure 35 and the type. Mayor Trude stated after the 2002 City bus tour there was a feeling of 36 proportionality. There should be proportionality within a development. Councilmember 37 Bukkila agreed but thought they already differed by the lot size requirements. She stated 38 over the years the houses have gotten bigger on the same size lots and the scale is 39 different than what it was years ago. She wondered if it mattered what the building is as 40 long it does not exceed the twelve hundred requirement. 41 42 Councilmember Knight stated everyone has their own perspective on what looks nice. 43 Councilmember Goodrich asked who gets to decide what looks good. He thought it 44 should be up to the landowner to decide that to a certain extent. Mayor Trude thought Andover City Council Workshop Meeting Minutes —January 23, 2018 Page 5 this started because of a perceived problem. She did not think they wanted to spend more time on this until staff can bring forward more information. The majority of the City Council did not see a problem with the ordinance and did not think the ordinance should be rewritten. 7 Mayor Trude thought the architectural design part of the ordinance can be reviewed for 8 possible changes. She did not hear support for changing the sizes within the districts in 9 the City. 10 11 Mr. Patch thought the ordinance needed reorganization but keep the same standards and 12 look at some alternative materials that could be used. Mr. Dickinson stated this would be 13 brought back in February for further review. 14 15 c. Ultimate Fighting 16 17 Mr. Janish stated Tony Denucci with the American Wrestling Federation (AWF) 18 approached city staff and expressed interest in setting up an event within the City of 19 Andover either at an institution/public or commercial venue. Due to the current Ultimate 20 Fighting Ordinance prohibiting "Ultimate Fighting" regardless of how named or 21 described and defines "Ultimate Fighting" as any form of entertainment, where the 22 primary practice involves individuals engaged in physical contact by striking an opponent 23 with hands, feet or body, the event cannot occur within the City of Andover. 24 25 Mr. Janish stated staff recommends the City Council discuss the possibility of allowing 26 this type of event to occur and if desired, staff will move forward with a potential code 27 amendment through the regular code adoption process. 28 29 Mr. Janish stated if there is interest by the Council then staff will need to go back and try 30 to determine what modifications need to be made and how they can distinguish between 31 them. 32 33 Mayor Trude stated they all agreed that they did not want Ultimate Fighting in Andover, 34 so she wondered if the Council wanted to see a rewrite done for this item. 35 36 Councilmember Knight stated he did not. Councilmember Holthus stated she might, if it 37 can be used as a fundraiser. She did not want to say no to professional wrestling, but she 38 did want to say no to ultimate fighting. Mayor Trude indicated she is not sure she wanted 39 to see this in Andover. Councilmember Bukkila stated she did not have a problem with 40 what would happen in the ring, she is more concerned with what was going to happen in 41 the parking lot. 42 43 City Attorney Baumgartner asked how this can be written into an ordinance to make 44 sense that professional wrestling is ok but ultimate fighting is not. He stated this will Andover City Council Workshop Meeting Minutes —January 23, 2018 Page 6 1 need to be enforced and someone will need to monitor this. He wondered how they will 2 differentiate one from the other. He stated the difficulty is going to be in identifying and 3 delineating what is one versus the other and what the purpose is for. He stated if the 4 Council is concerned with getting kids worked up and carrying on out in public he did not 5 think there would be a difference if it is wrestling or ultimate fighting. 7 Councilmember Holthus stated she would not want this to be for profit, only for 8 fundraising. Mayor Trude, Councilmembers Goodrich, Bukkila and Knight indicated 9 they would not be in favor of this. Mr. Dickinson indicated they will relay the discussion 10 back to Mr. Denucci. 11 12 d. Gambling 13 14 Mr. Dickinson stated the City Council is requested to discuss a proposed amendment to 15 City Code 5-3 Gambling, by the Competition Cheer Spirit Booster Club. 16 17 Mr. Dickinson stated staff received a request from the Competition Cheer Spirit Booster 18 Club Gambling Committee for an amendment to City Code 5-3 allowing an outside 19 organization to conduct lawful gambling in the City. The City Council is requested to 20 discuss the request to amend City Code 5-3 Gambling and provide direction to staff on 21 how the Council would like to proceed. 22 23 Mayor Trude stated she did not want to allow outside organizations to conduct lawful 24 gambling in the City or to have two organizations at one premise. The Council was in 25 agreement. 26 27 e. Religious Land Use 28 29 Ms. Hanson stated the League of Minnesota Cities (LMC) released a memo on July 6, 30 2017 regarding The Religious Land Use and Institutional Persons Act (RLUIPA). The 31 memo explains RLUIPA, in which, no governmental entity shall impose or implement a 32 land use regulation in a manner that puts a substantial burden on religious exercise. In no 33 ways shall a government entity impose stricter land use regulations than that of other 34 non -religious assembly or institutions. 35 36 Ms. Hanson explained current language in the City Code limits religious institutions to 37 the residential areas and Limited Business and Shopping Center Districts. Other places 38 of assemblies such as restaurant and theatres are allowed within more of the cities' 39 commercial districts. Staff recommends the City Council review LMC's memo, city 40 code and discuss the possibility of modifications to ordinance related to religious 41 institutions. 42 43 Mayor Trude stated when she read this, it talks about substantial burden and when she 44 followed some of the things happening in other suburbs they were saying the use could Andover City Council Workshop Meeting. Minutes — danuary 23, 2018 Page 7 1 not go into the commercial district and the religious organization indicated there was 2 nothing else available. They have a lot of land in Andover so when they say Residential 3 Zoning District they are not making it very hard to find land and it is cheaper land. They 4 have actively worked with churches. She stated they are not short of places the religious 5 institutions could go so the burden is saying they want to have religious institutions in 6 residential and she did not think the burden is there. She agreed that the language needs 7 some change but was afraid of going to far to accommodate them. 9 Mr. Baumgartner stated in Anoka they had many concerns with the large church going in 10 such as traffic and parking. He thought the thing to remember is they are not talking 11 about freedom of religion. They are talking about a long-term land use and the Religious 12 Land Use Act does not give them anymore rights than any other assembly. It does 13 provide some safeguards in there so that a City cannot discriminate against a religious 14 institution. He stated how this came about is cities were looking at a religious institution 15 as being tax free or exempt from tax purposes and the cities are not recouping their tax 16 base and are not necessarily providing a business. The Act doesn't necessarily give 17 religious institutions anymore rights, it just says the cities cannot prohibit them in 18 comparison to another assembly. The easiest way to look at this is what the League of 19 Minnesota Cities said is that some ordinances now are pointing the broad definition of 20 places of assembly to avoid that discrimination of Religious Institution assembly versus a 21 lodge assembly or a club assembly. He thought what the Council needs to figure out is 22 where in the City are they ok with an assembly regardless if it is religious or secular and 23 where is an assembly not wanted in the City. As long as they are consistent they should 24 be ok. 25 26 There was discussion between Council and the City Attorney regarding parking and 27 traffic concerns. 28 29 Mr. Dickinson stated staff proposes handling this via a Conditional Use Permit (CUP) 30 which allows them the ability to deal with the parking, traffic issues, deal with things that 31 do not create a burden on the neighboring properties or find a way for them to work with 32 the neighboring properties. A CUP gives the City the ability to be able to do some level 33 of regulation. 34 35 Mayor Trude stated it used to be schools and churches were in neighborhoods and she 36 understands churches are changing and becoming larger where they need larger spaces 37 which is usually in industrial areas, but schools handle big events and some of the 38 commercial areas cannot handle large assemblies. She wondered if some of the counties 39 and cities that have dealt with this just look at the size of the gathering because there are 40 the little home churches, and nobody cares if it is in a neighborhood. 41 42 Councilmember Holthus wondered if the home churches or start up churches that meet at 43 schools are considered assemblies. Mr. Dickinson stated it is an assembly but is 44 secondary to the primary use which is the school operations, which is what they regulate. Andover City Council Workshop Meeting Minutes — January 23, 2018 Page 8 1 Mr. Baumgartner stated he is not as concerned with someone going to place a church 2 somewhere, he is more concerned with a strip mall that has enough space, and someone 3 wants to utilize the space as an assembly for religious purposes. Mr. Dickinson stated 4 they would not want that to be necessarily permitted but would want to regulate that 5 through a CUP permitting process so then the City would have the ability to address the 6 peripheral issues. Mr. Baumgartner stated the permitting process would be applicable 7 regardless if it is as religious affiliation or something else. The League wanted to make 8 sure that the cities do not differentiate based upon what they do. 9 10 Mayor Trude stated if they do a temporary fix and then come back to look further at this 11 she would like to match Religious Institutions with schools and clubs and lodges because 12 they are all a membership or group gathering and not necessarily open up every area of 13 the City, just pick a couple of areas that make sense. Councilmember Bukkila stated she 14 was along the same lines with thinking but wanted staff to see if that will work. 15 16 Mr. Dickinson thought having some level of control is important particularly with the 17 parking and the traffic aspect. Ms. Hanson wondered what is a substantial burden and 18 how can they define that. When the code is looked at and places where they allow 19 assemblies, they are allowed in commercial zoning districts and religious institutions are 20 already allowed in a couple of the zoning districts so there are no favoritisms plus they 21 are allowed in the residential districts as well. Mr. Dickinson stated they could get 22 challenged based on the act if there is an allowable assembly within a particular zoning 23 district and they don't allow the religious institution. 24 25 Mayor Trude thought the key to this is figuring out what an assembly is. Mr. Dickinson 26 stated as he looked down the use list, where would they want to go strategically. 27 Shopping Center, GB and Industrial the only thing that fits that criteria are restaurants 28 with live entertainment or they have commercial/recreational outdoors which is 29 conditional use in all districts. 30 31 Mayor Trude asked is legitimate government interest protecting your tax base when they 32 do not have much commercial tax base and have a lot of residential tax base. 33 Councilmember Holthus asked if there is any proportional requirement. Mr. 34 Baumgartner stated there is not. He thought the main thing to keep in mind is whatever 35 they do with one assembly they have to do the same with a religious assembly to keep it 36 consistent unless they can show some compelling Government interest to deviate from 37 that. He stated if they can find a definition that assembly fits whether it is religious or 38 secular and if that definition would be applicable to both and the City is ok with that then 39 staff has some place to go from there. 40 41 Mr. Dickinson recapped what the Council would like staff to look at and will bring back 42 for further review. 43 Andover City Council Workshop Meeting Minutes — January 23, 2018 Page 9 1 RECESS & RECONVENE 2 3 The City Council recessed at 7:35 p.m. and reconvened at 7:40 p.m. 4 5 CITY CAMPUS MASTER PLAN UPDATE DISCUSSION 6 7 Mr. Berkowitz reviewed the Public Works Maintenance Facility general layout, elevation 8 drawings, and building and flow layouts with the Council. The Council expressed a desire to see 9 some movement of the cold storage building, discussed building colors and appropriate 10 neighborhood screening. 11 12 Mr. Dickinson reviewed the potential Community Center expansion progress to date with the 13 Council. 14 15 CR OSSTO WN BO ULEVARD NW OVERLAY UPDATE/17-44 16 17 Mr. Berkowitz explained the City Council is requested to review the proposed overlay of 18 Crosstown Boulevard and direct staff on the assessment process for this project. 19 20 Mr. Berkowitz reviewed with the Council intersection improvements and the parcels that would 21 be assessed as a part of this project. He noted all the parcels along the corridor would get an 22 assessment and there is one little passive park and to be consistent they would need to assess that 23 park as well. He needed to know how the Council wants to deal with the Holasek parcel in regard 24 to assessment because it has the potential for three R-1 Residential lots. In the past in the R-1 25 District there would be three assessments for the one piece. 26 27 Mr. Berkowitz stated what they have done in the past with parcels like this is they would assess 28 them for one unit and deferred the remaining units with an appreciate/depreciation time frame so 29 if the property is sold the assessment becomes due. If the property is developed and they request 30 access, then the remaining assessments would be due. If there is no requested access onto 31 Crosstown Boulevard the remaining assessment could fall off, per the assessment approval. 32 33 Mayor Trude thought with the sizes, it seemed fair to take a look at sizes because there are quite a 34 few lots that are large. There is such a variety in sizes. Councilmember Bukkila thought there 35 should be a three -lot minimum with no deferral because it will be developed at some time. She 36 stated she would be willing to defer but they would need to depreciate it. 37 38 Mr. Dickinson explained how the appreciation/depreciation assessment would work. 39 40 Councilmember Goodrich thought consistency is key. They should be consistent with what has 41 been done in the past. Mayor Trude stated she is concerned about some of the lots along there 42 because some of them have a lot of lineal feet along the road and some have hardly any. 43 44 Mr. Berkowitz felt $1,800 was very reasonable with all the traffic. Mayor Trude thought that 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Andover City Council Workshop Meeting Minutes —January 23, 2018 Page 10 sounded fair and a good recommendation. Mr. Berkowitz reviewed Council direction. He stated in the feasibility report they will identify an $1,800 assessment per unit with the exception of the Holasek piece which will be three units; one assessed, two deferred. That deferral will be identified as paid off at the time of sale of property and hook up or access request for development. Those will be deferred with an appreciation/depreciation scale consistent with what was done on past projects. 2017 BUDGET PROGRESS REPORTS Mr. Dickinson explained the City of Andover 2017 General Fund Budget contains total revenues of $10,825,139 and total expenditures of $11,735,219; a decrease in fund balance is planned. Mr. Dickinson reviewed the 2017 Budget progress with the Council indicating that more revenues will recorded along with a few more expenses. The results are currently un -audited. 2017 CITY INVESTMENTS REVIEW Mr. Dickinson reviewed the 2017 City Investments with the Council noting the cash balance is high as we prepare the adequate cash flow for the next debt service payment. OTHER BUSINESS There was no other business. ADJOURNMENT Motion by Goodrich, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:40 p.m. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 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 Administrato FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: February 5, 2018 (2) INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $580,433.55 on disbursement edit lists #1—#5 from 01/12/18 to 02/02/18 have been issued and released. Claims totaling $84,340.05 on disbursement edit list #6 dated 02/05/18 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $664,773.60. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor ' 1 r Y 0-F 01 User: brendaf Printed: 01/12/2018 - 4:13PM Batch: 00412.01.2018 Invoice No Description Amount, Payment Date Acct Number Reference Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 1 ACH Enabled: False 3437625 01/18 Commercial Waste & Recycling 411.58 01/12/2018 2130-44100-62020 3437625 01/18 Commercial Waste & Recycling 411.59 01/12/2018 2130-44000-62020 Check Total: 823.17 Vendor: ActivNwk Active Network, LLC Check Sequence: 2 ACH Enabled: False 4100158706 Software Maintenance Contract 2,362.11 01/12/2018 2130-44400-62305 4100158706 Software Maintenance Contract 2,362.12 01/12/2018 2130-44300-62305 Check Total: 4,724.23 Vendor: AFLAC AFLAC Check Sequence: 3 ACH Enabled: False 789262 December 2017 Premium 507.21 12/31/2017 0101-00000-21209 Check Total: 507.21 Vendor: Aircon Aircon Electric Corporation Check Sequence:4 ACH Enabled: False 11134-2018-1 Replace Light in Fire Truck Area 8,495.30 12/31/2017 0101-41920-63105 11135-2017-1 MaintArea - Cord Drop for Tor Truck 425.00 12/31/2017 0101-41930-63105 11151-2017-1 Hook Up Warning House Qa Hawkridge 135.00 01/12/2018 0101-45000-63005 11152-2017-1 Install Wiring for Receptacles in Workbench Are 740.66 12/31/2017 0101-41920-63105 11154-2017-1 Install Receptacle Outside Electrical Room 284.22 12/31/2017 0101-41910-63105 11158-2018-1 Replace Key Switch @a Hockey Rink 253.75 01/12/2018 0101-45000-63005 Check Total: 10,333.93 Vendor: Aladtec Aladtec, Inc. Check Sequence: 5 ACH Enabled: False 2017-10261 Employee Scheduling & Workforce System 2,621.00 01/12/2018 0101-42200-63010 Check Total: 2,621.00 Vendor: Alldata Alldata Check Sequence: 6 ACH Enabled: False 394970 2018 Subscription Renewal , 1,500.00 01/12/2018 6100-48800-62305 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PK - Page l Invoice No Description Amount Payment Date Acct Number Reference 1,500.00 Check Sequence: 7 ACH Enabled: False 2,294.32 01/12/2018 2110-46500-63010 Check Total: Vendor: AndS2016 Andover Station 2016, LLC 12/31/2017 0101-43400-62005 2017 Qtrly Pond Estimates 22.90 Check Total: Vendor: AnkCity City of Anoka 201801055052 Traffic Signal - Bunker & 7th Ave Check Sequence: 9 ACH Enabled: Check Total: - Vendor: AnkCo20 Anoka Cc Parks 2017-1231 Bunkers Hills Dog Park Check Total: Vendor: AnkCo20 Anoka Cc Parks Check Sequence: 10 ACH Enabled: AC Parks Maint Bldg. S/W Ext 7,500.00 01/12/2018 Check Total: Vendor: Ank0001 Anoka Cc Treasurer 130856 Jan - Dee 2018 Broadband Check Total: Vendor: ASCAP ASCAP 500578884 2018 License Fee 0101-41920-62030 Check Total: Vendor: AspenMil Aspen Mills 209673 Firefighters Boots Check Sequence: 12 Check Total: Vendor: AssuSecu Assured Security Inc. 78291 10 Paxton Prox Keyfobs 348.00 Check Total: Vendor: Bolton Bolton & Menk, Inc. 0212077 Check Sequence: 13 Lift Station 4 & 9 Amount Payment Date Acct Number Reference 1,500.00 Check Sequence: 7 ACH Enabled: False 2,294.32 01/12/2018 2110-46500-63010 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 2 Check Sequence: 8 ACH Enabled: False 22.90 12/31/2017 0101-43400-62005 22.90 Check Sequence: 9 ACH Enabled: False 4,574.22 12/31/2017 0101-45000-63010 4,574.22 Check Sequence: 10 ACH Enabled: False 7,500.00 01/12/2018 7200-00000-24209 7,500.00 Check Sequence: 11 ACH Enabled: False 3,600.00 01/12/2018 0101-41920-62030 3,600.00 Check Sequence: 12 ACH Enabled: False 348.00 01/12/2018 2130-44300-61320 348.00 Check Sequence: 13 ACH Enabled: False 3,780.00 12/31/2017 010142200-61305 3,780.00 Check Sequence: 14 ACH Enabled: False 45.00 12/31/2017 4180-49300-61105 45.00 Check Sequence: 15 ACH Enabled: False 195.00 12/31/2017 4120-49300-63005 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 195.00 Check Total: Vendor: Boyerl Boyer Truck Parts 1200913 Parts for Unit #201 Check Total: Vendor: Brezink2 Lee Brezinka - Petty Cash 101.61 Petty Cash for High School Gate 6100-48800-61115 Check Total: Vendor: ChetsSho Chefs Shoes, Inc. 37285 Safety Boots for Andy Kamey Check Total: Vendor: CintasCo Cintas Corporation 5009600009 Service Fust Aid Cabinet False Check Total: Vendor: CMTDiver CMT Diversified Janitorial Svc 1068 Monthly Cleaning Service 1068 Monthly Cleaning Service 1068 Monthly Cleaning Service Check Total: Vendor: Comcast4 Comcast 900524839/60401694 Public Works-PRITI Loop(18 900524839/60401694 Water Treatment Plant -PRI TI 900524839/60401694 Community Center - PRI Tl Loop 900524839/60401694 Fire Station #1 - PRI Tl Loop 900524839/60401694 City Hall - PRI TI Loop (57%) Check Total: Vendor: CountSSv Country Side Services of MN, Inc 1-100489 Cutting Edge Kit WP 1-100509 Cutting Edge Kit for Unit #17-587 01/12/2018 Check Total: Amount Payment Date Acct Number Reference 195.00 Check Sequence: 16 ACH Enabled: False 101.61 01/12/2018 6100-48800-61115 101.61 Check Sequence: 17 ACH Enabled: False 800.00 01/12/2018 2130-00000-10201 800.00 Check Sequence: 18 ACH Enabled: False 118.99 12/31/2017 0101-43100-61005 11899 Check Sequence: 19 ACH Enabled: False 68.76 01/12/2018 2130-44000-61020 68.76 Check Sequence: 20 ACH Enabled: False 1,246.50 01/12/2018 010141910-63010 1,052.60 01/12/2018 0101-41930-63010 470.90 01/12/2018 0101-41920-63010 2,770.00 Check Sequence: 21 ACH Enabled: False 58.57 01/12/2018 0101-41930-62030 22.78 01/12/2018 510048100-62030 26.03 01/12/2018 2130-44000-62030 32,54 01/12/2018 0101-41920-62030 185.45 01/12/2018 0101-41910-62030 325.37 Check Sequence: 22 ACH Enabled: False 958.00 01/12/2018 0101-43200-61105 191.00 01/12/2018 6100-48800-61115 1,149.00 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Crysteel Crysteel Truck Equipment Check Sequence: 23 ACH Enabled: False F41135 Misc. Stock 113.67 12/31/2017 6100-48800-61115 Check Total: 113.67 Vendor: EZSharp E -Z Sharp, Inc. Check Sequence: 24 ACH Enabled: False 159813 Grinding Wheel 161.63 01/12/2018 2130-44200-61020 Check Total: 161.63 Vendor: ECM ECM Publishers, Inc. Check Sequence: 25 ACH Enabled: False 563006 Monthly Recycling Program 260.00 01/12/2018 010146000-63025 Check Total: 260.00 Vendor: EganSery Egan Service Check Sequence: 26 ACH Enabled: False JC10166862 12/17 Bi -Annual Maintenance 1,462.00 12/31/2017 0101-43400-62300 Check Total: 1,462.00 Vendor: EmbedSys Embedded Systems, Inc. Check Sequence: 27 ACH Enabled: False 343571 Jan - lime 2018 Siren Maintenance Fee 3,321.00 01/12/2018 0101-42400-62300 Check Total: 3,321.00 Vendor: G&K G&K Services Inc Check Sequence: 28 ACH Enabled: False 6182849144 Uniform Cleaning 179.22 01/12/2018 0101-43100-61020 6182849144 Uniform Cleaning 25.62 01/12/2018 0101-43300-61020 6182849144 Uniform Cleaning 76.80 01/12/2018 0101-45000-61020 6182849144 Uniform Cleaning 25.61 01/12/2018 5100-48100-61005 6182849144 Uniform Cleaning 51.19 01/12/2018 5200-48200-61005 6182849144 Uniform Cleaning 25.58 01/12/2018 6100-48800-61020 6182849145 Floor Mat Rental 67.38 01/12/2018 0101-41930-62200 6182849146 Floor Mat Rental 39.90 01/12/2018 010141910-62200 6182849148 Floor Mat Rental 13393 01/12/2018 510048100-62200 Check Total: 625.23 Vendor: GovConn GovConnection, Inc. Check Sequence: 29 ACH Enabled: False 55446748 Paper for Wide Format Printer 20.00 01/12/2018 0101-41500-61005 55446748 Paper for Wide Format Printer 20.00 01/12/2018 0101-41600-61005 55446748 Paper for Wide Format Printer 20.00 01/12/2018 0101-42300-61005 55446748 Paper for Wide Format Printer 53.58 01/12/2018 221041600-61005 55446756 Mailing Labels 72.95 01/12/2018 0101-41420-61225 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 5 Check Total: 186.53 Vendor: Haldeman Haldeman Homme, Inc. Check Sequence: 30 ACH Enabled: False 305258C Pulastic Mat Cleaner 418.90 01/12/2018 2130-44300-61020 Check Total: 418.90 Vendor: H1thPDen Health Partners Check Sequence: 31 ACH Enabled: False 78108516 January 2018 Premium 4,081.20 01/12/2018 0101-00000-21208 78108516 January 2018 Premium 46,808.80 01/12/2018 0101-00000-21206 78108516 January 2018 Premium 1,157.33 01/12/2018 7100-00000-21218 Check Total: 52,04733 Vendor: HydraPlu Hydraulics Plus & Consulting Check Sequence: 32 ACH Enabled; False 9791 Rebuild Auger Motor 196.83 01/12/2018 6100-48800-61115 9791 Labor to Rebuild Auger Motor 120.00 01/12/2018 6100-48800-63135 Check Total: 316.83 Vendor: IDville IDville Check Sequence: 33 ACH Enabled: False 2436490 2 -Sided ID Maker Advantage 3E 2,839.39 01/12/2018 4180-49300-61210 Check Total: 2,839.39 Vendor: IAFC Intl Assoc of Fire Chiefs Check Sequence: 34 ACH Enabled: False 82803 2018 Membership Dues 209.00 01/12/2018 0101-02200-61320 Check Total: 209.00 Vendor: InterBat Interstate All Battery Center Check Sequence: 35 ACH Enabled: False 1901201006781 Batteries 45.90 01/12/2018 5100-48100-61135 1901202003650 Batteries 40.80 01/12/2018 6100-48800-61115 Check Total: 86.70 Vendor: Lawson Lawson Products, Inc. Check Sequence: 36 ACH Enabled: False 9305494847 Misc. Supplies 472.67 01/122018 6100-48800-61020 Check Total: 472.67 Vendor: LegShiel Legal Shield Check Sequence: 37 ACH Enabled: False 31833 January 2018 Premium 76.75 01/122018 0101-00000-21219 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) 76.75 Check Total: Vendor: MakinenD Dana Makinen 45.00 2018 Medical Flex Account Check Total: Vendor: MediaSve Mediation Services 2011-17 2018 Medication Services 197.00 Check Total: Vendor: Menards Menards 63994 Tools 63994 Misc. Supplies 64031 Steel Brush 64031 Misc. Supplies 64031 Misc. Supplies 64089 Misc. Supplies Check Total: Vendor: MetroCit Metro Cities 1 2018 Membership Dues 12/31/2017 Check Total: Vendor: MetSales Metro Sales Incorporated INV978475 Jan 2018 Ricoh Wide Format Lease INV978475 Jan 2018 Ricoh Wide Format Lease INV978475 Jan 2018 Ricoh Wide Format Lease INV978475 Jan 2018 Ricoh Wide Format Lease 12/31/2017 Check Total: Vendor: MetArea Metropolitan Area Manageme 2666 2018 Membership Dues 25.21 Check Total: Vendor: MNEquiprr Minnesota Equipment P53824 Couplers for Unit #17-587 P54414 Couplers P70559 Chains for 17-116,17-162,147 & 148 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) 76.75 01/12/2018 010141200-61320 45.00 Check Sequence: 38 197.00 01/12/2018 0101-00000-21211 197.00 12/31/2017 6100-48800-61115 109.00 01/12/2018 Check Sequence: 39 3,570.71 01/12/2018 0101-41100-61320 3,570.71 Check Sequence: 40 14.98 12/31/2017 0101-41930-61205 70.99 12/31/2017 010141920-61120 3.99 12/31/2017 0101-41930-61205 11.49 12/31/2017 0101-41930-61120 15.48 12/31/2017 0101-41920-61120 25.21 12/31/2017 0101-41920-61120 142.14 Check Sequence: 41 9,518.00 01/12/2018 0101-41100-61320 9,518.00 . Check Sequence: 42 87.12 01/12/2018 0101-41500-62200 87.12 01/12/2018 0101-41600-62200 87.12 01/12/2018 0101-42300-62200 222.64 01/12/2018 2210-41600-62200 Check Sequence: 43 45.00 01/12/2018 010141200-61320 45.00 Check Sequence: 44 437.75 12/31/2017 6100-48800-61115 109.00 01/12/2018 6100-48800-61115 159.60 01/12/2018 6100-48800-61115 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 7 Check Total: 706.35 Vendor: MNFire4 Minnesota Fire Service Check Sequence: 45 ACH Enabled: False 52.67 Firefighters II Certification Exam 460.00 12/31/2017 0101-42200-63010 Check Total: 460.00 Vendor: MSFDA MSFDA Check Sequence: 46 ACH Enabled: False 2018 Membership Dues 495.00 01/12/2018 0101-42200-61320 Check Total: 495.00 Vendor: MYERS Myers Tire Supply Company Check Sequence: 47 ACH Enabled: False 71515276 Misc. Supplies 124.70 12/31/2017 6100-48800-61020 Check Total: 124.70 Vendor: NatFirin National Association of Fire Investigators Check Sequence: 48 ACH Enabled: False 8212-3447 2018 Membership Dues 65.00 01/12/2018 0101-42200-61320 Check Total: 65.00 Vendor: NCPERS NCPERS Group Life Ins: Mi Check Sequence; 49 ACH Enabled: False 3120118 January 2018 Premium 16.00 01/12/2018 7100-00000-21218 3120118 January 2018 Premium 160.00 01/12/2018 0101-00000-21205 Check Total: 176.00 Vendor: NoStTowi North Star Towing, Inc. Check Sequence: 50 ACH Enabled: False 57421 Tow Vehicle to AutoNation Fleet 170.00 12/31/2017 610048800-61115 Check Total: 170.00 Vendor: OReiAmo O'Reilly Auto Parts Check Sequence: 51 ACH Enabled: False 3253-311048 Capsule 7.49 01/12/2018 6100-48800-61115 Check Total: 7.49 Vendor: OertelAr Oertel Architects Check Sequence: 52 ACH Enabled: False 2 Public Works Project 4,018.75 12/31/2017 418049300-63005 Check Total: 4,018.75 Vendor: OPUS21 OPUS 21 Check Sequence: 53 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 171055 October 2017 Utility Billing 2,906.69 12/31/2017 5200-48200-63010 171055 October 2017 Utility Billing 2,798.31 12/31/2017 0101-43600-63010 171055 October 2017 Utility Billing 4,088.50 12/31/2017 5300-48300-63010 171055 October 2017 Utility Billing 2,571.51 12/31/2017 5100-48100-63010 171159 November 2017 Utility Billing 1,701.20 12/31/2017 0101-43600-63010 171159 November 2017 Utility Billing 2,485.56 12/31/2017 5300-48300-63010 171159 November 2017 Utility Billing 1,563.33 12/31/2017 5100-48100-63010 171159 November 2017 Utility Billing 1,767.10 12/31/2017 5200-48200-63010 171248 December 2017 Utility Billing 1,686.33 12/31/2017 0101-43600-63010 171248 December 2017 Utility Billing 2,463.83 12/31/2017 5300-48300-63010 171248 December 2017 Utility Billing 1,549.66 12/31/2017 5100-48100-63010 171248 December 2017 Utility Billing 1,751.64 12/31/2017 5200-48200-63010 Check Total: 27,333.66 Vendor: OxySveCo Oxygen Service Company Check Sequence: 54 ACH Enabled: False 03394189 Cylinder Rentals 27.88 12/31/2017 6100-48800-62200 Check Total: - 27.88 Vendor: PerkLand Perkins Landscape Contractors Check Sequence: 55 ACH Enabled: False 351 Wood Chips on Trail 1,260.00 12/31/2017 0101-45500-63005 Check Total: 1,260.00 Vendor: PionSecu Pioneer SecureShred Check Sequence: 56 ACH Enabled: False 32937 12/09/17 Paper Shredding Service 600.00 12/31/2017 0101-46000-63010 Check Total: 600.00 Vendor: PreCise PreCise MRM LLC Check Sequence: 57 ACH Enabled: False IN200-1015450 Software License 353.81 01/12/2018 0101-43200-61320 IN200-1015450 Software License 117.94 01/12/2018 0101-43100-61320 IN200-1015450 Software License 157.25 01/12/2018 5100-48100-61320 IN200-1015450 Software License 157.24 01/12/2018 5200-48200-61320 Check Total: 786.24 Vendor: PremWate Premium Waters, Inc. Check Sequence: 58 ACH Enabled: False 600003-12-17 01/18 Water Cooler Rental 45.00 01/12/2018 0101-41930-62200 618221-12-17 01/18 Water Cooler Rental 45.00 01/122018 0101-41910-62200 Check Total: 90.00 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PW Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor: PrintEnt Printing Enterprises, Inc Check Sequence: 59 ACH Enabled: False 60167 Andover Newsletter 1,580.00 12/31/2017 0101-41210-63030 60185 2018 Recycling Flyers - 1,500.00 01/12/2018 0101-46000-63025 Check Total: 3,080.00 Vendor: RepSvices Republic Services #899 Check Sequence: 60 ACH Enabled: False 0899-003157523 January 2018 Recycling Service 3,038.59 01/12/2018 0101-46000-63010 Check Total: 3,038.59 Vendor: RMRServi RMR Services LLC Check Sequence: 61 ACH Enabled: False 2018005 December 2017 Meter Reading 1,591.67 12/31/2017 5100-48100-63010 Check Total: 1,591.67 Vendor: SWLand S.W. Land LLC Check Sequence: 62 ACH Enabled: False Escrow Country Oaks North 3rd Addition 33,300.00 01/12/2018 7200-00000-24209 Interest Country Oaks North 3rd Addition 5.25 01/12/2018 7200-41400-56910 Check Total: 33,305.25 Vendor: SESACIN( SESAC Inc. Check Sequence: 63 ACH Enabled: False 10145170 2018 License Fee 833.00 01/12/2018 2130-44300-61320 Check Total: 833.00 Vendor: StarTri2 Stu Tribune Check Sequence: 64 ACH Enabled: False 10962115 January 2018 IPad Subscription 16.96 01/12/2018 0101-41200-61320 Check Total: 16.96 Vendor: SunLifeF Sun Life Financial Check Sequence: 65 ACH Enabled: False 238450 January 2018 Premium 787.77 01/12/2018 0101-00000-21216 238450 January 2018 Premium 182.23 01/12/2018 0101-00000-21217 238450 January 2018 Premium 153.69 01/12/2018 7100-00000-21218 238450 January 2018 Premium 1,693.79 01/12/2018 0101-00000-21205 238450 January 2018 Premium 34.20 01/12/2018 0101-42200-60330 Check Total: 2,851.68 Vendor: SupSolut Supply Solutions LLC Check Sequence: 66 ACH Enabled: False 16879 M Fold Paper Towels 46.08 01/12/2018 0101-41910-61025 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PW Page 9 Invoice No Description Amount Payment Date Acct Number - Reference 46.08 Check Total: Vendor: TahoSpl Taho Sportswear, Inc. 17TF3227 T -Shirts for Indoor Soccer Check Total: Vendor: TargSolu TargetSolutions Learning, LLC WV00000021459 TargetSoludons Career Tracking Platform 2130-44300-61055 Check Total: Vendor: TiomMac Titan Machinery 10369230 Parts for Unit #11-111A 10373825 Parts for Unit #11-111 Check Total: Vendor: TCFIag Twin Cities Flag Source, Inc 31309 Pennant Flags, Headers & Grommets 01/12/2018 Check Total: Vendor: TCPmpMt Twin City Property Manor., Inc 15828 Plowing & Shoveling @ 2557/2543 Bunker Check Total: Vendor. USBank U.S. Bank 4851924 GO Abatement Bonds 2012C 4852154 GO Water Rev Refund Bonds 2016B 375.24 Check Total: Vendor: USBankEq US Bank Equipment Finance 346635477 Ricoh Copier Lease @ Public Works 01/12/2018 Check Total: Vendor: Verizon Verizon Wireless 9799115728 Storm Water Rump 9799115729 Eng Data Collector 9799115729 Park Trail Cams Creekview & Prairie Knoll 46.08 Check Sequence: 67 ACH Enabled: False 704.00 01/12/2018 2130-44300-61055 704.00 Check Sequence: 68 ACH Enabled: False 5,138.44 01/12/2018 0101-42200-63010 5,138.44 Check Sequence: 69 ACH Enabled: False 375.24 01/12/2018 6100-48800-61115 42.53 01/12/2018 6100-48800-61115 417,77 Check Sequence: 70 ACH Enabled: False 592.40 12/31/2017 0101-45000-61020 592.40 Check Sequence: 71 ACH Enabled: False 418.00 01/12/2018 4520-49300-63010 418.00 Check Sequence: 72 ACH Enabled: False 425.00 01/12/2018 3405-47000-66350 450.00 01/12/2018 5100AS100-66350 875.00 Check Sequence: 73 ACH Enabled: False 140.50 01/12/2018 0101-41930-62200 140.50 Check Sequence: 74 ACH Enabled: False 25.02 01/12/2018 5300-48300-62030 25.02 01/12/2018 0101-41600-62030 50.08 01/12/2018 0101-45000-62030 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 224,505.07 Total of Number of Checks: 80 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page I l Check Total: 100.12 Vendor: WasMgmt2 Waste Management - Blaine Check Sequence: 75 ACH Enabled: False 7781601-0500-4 December 2017 Garbage Service 134.32 12/31/2017 0101-41910-62020 7781614-0500-7 December 2017 Garbage Service 98.97 12/31/2017 0101-41920-62020 7781615-0500-4 December 2017 Garbage Service 98.58 12/31/2017 0101-41920-62020 7782308-0500-5 January 2018 Garbage Service 165.78 01/12/2018 0101-41920-62020 Check Total: 497.65 Vendor: WorksCom Works Computing, Inc. Check Sequence: 76 ACH Enabled: False 29130 VMware Basic Maintenance Renewal 570.00 12/31/2017 0101-41420-62305 Check Total: 570.00 Vendor: WmckSew Wrack Sewer and Portable Rental Check Sequence: 77 ACH Enabled: False 2165 December 2017 Portable Toilet Rental 33950 12/31/2017 0101-45000-63010 Check Total: 339.50 Vendor: WSB WSB & Associates, Inc. Check Sequence: 78 ACH Enabled: False 12 Fox Meadows Park Redevelopment 616.50 12/31/2017 4150-49300-63005 Check Total 616.50 Vendor: YMCAAnt YMCA of Greater Twin Cities - Andover Check Sequence: 79 ACH Enabled: False May - August 2017 Youth Center 6,895.00 12/31/2017 2320-41400-63005 Check Total: 6,895.00 Vendor: Ziegler Ziegler, Inc. Check Sequence: 80 ACH Enabled: False E8643956 January 2018 Maintenance Contract 553.72 01/12/2018 5100-48100-62300 E8861349 January 2018 Maint Contract LS 1 & 4 742.95 01/12/2018 520048200-62300 E888449 January 2018 Maintenance Contract 62.03 01/12/2018 5100-48100-62300 Check Total: 1,358.70 Total for Check Run: 224,505.07 Total of Number of Checks: 80 AP -Computer Check Proof List by Vendor (01/12/2018 - 4:13 PM) Page I l Accounts Payable Computer Check Proof List by Vendor User: aheppell Printed: 01/23/2018 - 11:48AM Batch: 00423.01.2018 Invoice No Description Amount Payment Date Acct Number i Reference Vendor: AmTraffi American Traffic Safety Check Sequence: 1 ACH Enabled: False 90158241 Membership - Chris Olson 79.00 01/23/2018 0101-43300-61320 Check Total: 79.00 Vendor: AncomTec Ancom Technical Center Check Sequence: 2 ACH Enabled: False 75753 Labor for -Unit #202,203 & 16209 237.50 01/23/2018 6100-48800-63135 75753 Supplies for Unit #202 & #203 89.00 01/23/2018 6100-48800-61115 Check Total: 326.50 Vendor: AnkCo08 Anoka Cc Fire Protect. Council Check Sequence: 3 ACH Enabled: False 17-097 Annual Membership Dues 420.00 01/23/2018 0101-42200-61320 Check Total: 420.00 Vendor: AnkCo 13 Anoka Co License Center Check Sequence: 4 ACH Enabled: False License Tabs 2 Year License Tabs Renewal (2018-2020) 998.00 01/23/2018 6100-48800-61415 Check Total: 998.00 Vendor: BrammMic Michael Branum Check Sequence: 5 ACH Enabled: False Refund Duplicate Permit- Homeowners Refund 72.00 01/23/2018 0101-42300-52230 Check Total: 72.00 Vendor: Cargill Cargill, Incorporated Check Sequence: 6 ACH Enabled: False 2903839703 Deicer salt 2,962.75 01/23/2018 0101-43200-61125 2903843059 Deicer salt 3,227.36 01/23/2018 0101-43200-61125 2903851345 Deicer salt 1,636.91 01/23/2018 0101-43200-61125 Check Total: 7,827.02 Vendor: DehnOil Dehn Oil Company Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 58352 374 Gal Gasoline 877.03 01/23/2018 6100-48800-61045 58353 1204 Gal Diesel 3,220.70 01/23/2018 6100-48800-61050 Check Total: 4,097.73 Vendor: ECM ECM Publishers, Inc. Check Sequence: 8 ACH Enabled: False 562745 Univ Ave Overlay - 157th to Cons 129.00 01/23/2018 4140-49300-63025 562746 2018 Street Reconstruction 75.25 01/23/2018 4140-49300-63025 562746 143rd Ave Recon (Xenia to RLB) 75.25 01/23/2018 4140-49300-63025 564356 2018 Budget Summary 50.00 01/23/2018 2110-46500-63025 564356 2018 Budget Sumnnary 50.00 01/23/2018 4140-49300-63025 564356 2018 Budget Summary 120.38 01/23/2018 0101-41400-63025 Check Total: 499.88 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 9 ACH Enabled: False 6-1494346 Supplies - Battery Cleaner 29.88 01/23/2018 6100-48800-61020 Check Total: 29.88 Vendor: FletPrid FleetPride Truck & Trailer Parts Check Sequence:.10 ACH Enabled: False 91596948 Cable for Unit#124 104.76 01/23/2018 6100-48800-61115 Check Total: 104.76 Vendor: ForceAm Force America Distributing LLC Check Sequence: 11 ACH Enabled: False IN001-1206280 Coupling Part #42004, Bin 524 180.12 01/23/2018 6100-48800-61115 Check Total: 180.12 Vendor: G&K G&K Services Inc Check Sequence: 12 ACH Enabled: False 6182860371 Uniform Cleaning 179.22 01/23/2018 0101-43100-61020 6182860371 Uniform Cleaning 25.62 01/23/2018 0101-43300-61020 6182860371 Uniform Cleaning 76.80 01/23/2018 0101-45000-61020 6182860371 Uniform Cleaning 25.61 01/23/2018 5100-48100-61005 6182860371 Uniform Cleaning 51.19 01/23/2018 5200-48200-61005 6182860371 Unform Cleaning 25.58 01/23/2018 6100-48800-61020 6182871555 Uniform Cleaning 179.22 01/23/2018 0101-43100-61020 6182871555 Uniform Cleaning 25.62 01/23/2018 0101-43300-61020 6182871555 Uniform Cleaning 76.80 01/23/2018 0101-45000-61020 6182871555 Uniform Cleaning 25.61 01/23/2018 5100-48100-61005 6182871555 Uniform Cleaning 51.19 01/23/2018 5200-48200-61005 6182871555 Uniforn Cleaning 25.58 01/23/2018 6100-48800-61020 6182871557 Mat Rental -PW 67.38 01/23/2018 0101-41930-62200 AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AND Page 2 Invoice No Description Amount Payment Date Acct Number Reference 6182871558 Mat Rental - CH 39.90 01/23/2018 0101-41910-62200 AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) Page 3 Check Total: 875.32 Vendor: GopherSt Gopher State One -Call Inc Check Sequence: 13 ACH Enabled: False 8000164 2018 Annual Facility Operator Fee 25.00 01/23/2018 5200-48200-63040 8000164 2018 Annual Facility Operator Fee 25.00 01/23/2018 5100-48100-63040 Check Total: 50.00 Vendor: MESABI H & L Mesabi, Inc. Check Sequence: 14 ACH Enabled: False 99734 Front Plow Shoes 347.92 01/23/2018 0101-43200-61105 99782 1 Tons 283.50 01/23/2018 0101-43200-61105 99809 Backhoe Bucket Blade 141.20 01/23/2018 0101-43200-61105 99810 Front-end Loader Bucket 700.74 01/23/2018 0101-43200-61105 Check Total: 1,473.36 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 15 ACH Enabled: False 201801 Electrical Permits -#201801 1,244.25 01/23/2018 0101-42300-63005 Check Total: 1,244.25 Vendor: Haldeman Haldeman Homme, Inc. Check Sequence: 16 ACH Enabled: False 168784 MN1907 Andover Comm Center 1,100.00 01/23/2018 2130-44400-63100 168786 NIN1917 Andover Comm Ctr Bleacher pads 1,108.00 01/23/2018 2130-44400-61020 Check Total: 2,208.00 Vendor: Hawkins2 Hawkins Inc Check Sequence: 17 ACH Enabled: False 4209141 Azone 15, LPC -31 6,114.28 01/23/2018 5100-48100-61040 Check Total: 6,114.28 Vendor: HotsyEqu HotsyMinnesota.com Check Sequence: 18 ACH Enabled: False 58036 Track & Equipment Wash, o -ring 519.56 01/23/2018 6100-48800-61020 Check Total: 519.56 Vendor: InterBat Interstate All Battery Center Check Sequence: 19 ACH Enabled: False 1901201006807 Comml Battery #4821 E-11 _ 459.80 01/23/2018 6100-48800-61115 Check Total: 459.80 Vendor: KrisEnge KRIS Engineering, Inc. Check Sequence: 20 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 29359 Misc Supplies 1,327.58 01/23/2018 0101-43200-61105 Check Total: 1,327.58 Vendor: Lawson Lawson Products, Inc. Check Sequence: 21 ACH Enabled: False 9305512938 Micro ,& Stingray Butane Torches 171.71 01/23/2018 6100-48800-61205 Check Total: 171.71 Vendor: Menards Menards Check Sequence: 22 ACH Enabled: False 64554 Misc Supplies 54.95 01/23/2018 0101-41920-61120 64554 Misc Supplies 39.28 01/23/2018 0101-41930-61120 64614 paint supplies 17.76 01/23/2018 0101-45000-61020 64693 batteries 65.94 01/23/2018 2130-44000-61020 64736 wood for benches 341.29 01/23/2018 0101-45000-61105 65015 Misc Building Supplies 6.62 01/23/2018 0101-41920-61120 65020 Misc supplies 37.73 01/23/2018 5100-48100-61135 65096 paint supplies 313.96 01/23/2018 0101-41970-61120 65111 3 AMP charger 34.99 01/23/2018 0101-41600-61205 65296 Rhino Ramp 21.26 01/23/2018 0101-43100-61020 Check Total: 933.78 Vendor: MFOA Metro Chief Fire Officers Asso Check Sequence: 23 ACH Enabled: False Annual Dues 2018 Dues -Jerry Streich, Fire Chief 100.00 01/23/2018 0101-42200-61320 Check Total: 100.00 Vendor: MetSales Metro Sales Incorporated Check Sequence: 24 ACH Enabled: False INV982917 Ricoh Copier Misc. Usage 70.27 01/23/2018 0101-41930-61020 INV982817 Ricoh Copier Lease - PW 42.00 01/23/2018 0101-41930-62200 Check Total: 112.27 Vendor: MTIDist MTI Distributing Inc Check Sequence: 25 ACH Enabled: False 1150914-00 Parts for Unit#564 122.39 01/23/2018 6100-48800-61115 Check Total: 122.39 Vendor: NoSanSup Northern Sanitary Supply Check Sequence: 26 ACH Enabled: False 189345 Napkins 71.80 01/23/2018 0101-41930-61105 Check Total: 71.80 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 27 ACH Enabled: False AP -Computer Check Proof List by Vendor (0123/2018 - 11:48 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 3253-311132 U Joint for Unit 46 27.14 01/23/2018 6100-48800-61115 3253-311202 Light Socket for Unit#12 3.99 01/23/2018 6100-48800-61115 3253-312039 mini lamp - supplies 6.75 01/23/2018 6100-48800-61020 3253-312044 Oil Filters for Unit #17137 & Stock 23.78 01/23/2018 6100-48800-61115 3253-312045 Fuel Filter - Stock 131.98 01/23/2018 6100-48800-61115 3253-312051 Oil & Air Filters - Stock 53.61 01/23/2018 6100-48800-61115 Check Total: 247.25 Vendor: OsterAbb Abbie Oster Check Sequence: 28 ACH Enabled: False Winter LTS Winter LTS Program 37.50 01/23/2018 2130-44300-63005 Check Total: 37.50 Vendor: PionRese Pioneer Research Corp Check Sequence: 29 ACH Enabled: False 251641 Snow Plow Coating 2,546.69 01/23/2018 0101-43200-61020 Check Total: 2,546.69 Vendor: Postmast Postmaster Check Sequence: 30 ACH Enabled: False Permit#26 Bulk Mailing 225.00 01/23/2018 0101-41210-61405 Check Total: 225.00 Vendor: ProVisio Pro -Vision Video Systems Check Sequence: 31 ACH Enabled: False 310426 Truck Cameras 1,240.56 01/23/2018 0101-43100-61020 Check Total: 1,240.56 Vendor: RosenMNi Rosenbauer Minnesota LLC Check Sequence: 32 ACH Enabled: False 27507 Gauge Pressure - Unit #4820 211.52 01/23/2018 6100-48800-61115 27523 Actuator - Unit #4820 1,010.20 01/23/2018 6100-48800-61115 Check Total: 1,221.72 Vendor: S&SInd S & S Industrial Supply Check Sequence: 33 ACH Enabled: False 296399 Mise Supplies 41.26 01/23/2018 6100-48800-61020 296450 Misc Supplies 14.58 01/23/2018 0101-43100-61020 Check Total: 55.84 Vendor: SATELL Satellite Shelters, Inc. Check Sequence: 34 ACH Enabled: False R1143535 Hawkridge Temp. Warming House Rental 350.00 01/23/2018 0101-45000-62200 AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Check Total Vendor: SherwirrW Sherwin Williams Co. 4014-7 34.20 Paint Supplies 90.32 01/23/2018 Check Total: Vendor: Simplex SimplexGrinnell LP 79908689 01/23/2018 Alarm System Maint. Contract 79924637 01/23/2018 Alarm System Maint. Contract 1,470.56 01/23/2018 Check Total: Vendor: SnapOn Snap-On Industrial ARV/34796812 Misc, Tools ARV/34827628 Mise, Tools ARV/34838681 Mise, Tools 205.55 01/23/2018 Check Total: Vendor: SunLifeF Sun Life Financial 238450 February 2018 Premium 238450 February 2018 Premium 238450 ACH Enabled: False February 2018 Premium 238450 0101-41500-63005 February 2018 Premium 238450 01/23/2018 February 2018 Premium 318.50 Check Total: Vendor: SupSolut Supply Solutions LLC 16932 Check Sequence: 41 Towels and Bath Tissue 293.66 01/23/2018 Check Total: Vendor: Timesave Timesaver M23482 OSAC Meeting M23482 City Council Meeting Check Total: Vendor: Towmaste Towmaster 399732 Snow Plow Lights - Stock Bin #G4 AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) 350.00 Check Sequence: 38 ACH Enabled: False 34.20 Check Sequence: 35 ACH Enabled: False 90.32 01/23/2018 0101-45000-61020 90.32 0101-00000-21205 3.80 01/23/2018 Check Sequence: 36 ACH Enabled: False 358.98 01/23/2018 0101-41920-62300 1,470.56 01/23/2018 0101-41920-62300 1,829.54 0101-00000-21217 3,426.64 Check Sequence: 37 ACH Enabled: False 3,082.57 01/23/2018 6100-48800-61205 205.55 01/23/2018 6100-48800-61205 100.60 01/23/2018 6100-48800-61205 3,388.72 Page 6 Check Sequence: 38 ACH Enabled: False 34.20 01/23/2018 0101-42200-60330 1,575.19 01/23/2018 0101-00000-21205 3.80 01/23/2018 7100-00000-21218 1,729.22 01/23/2018 0101-00000-21216 84.23 01/23/2018 0101-00000-21217 3,426.64 Check Sequence: 39 ACH Enabled: False 159.42 01/23/2018 0101-41930-61025 159.42 Check Sequence: 40 ACH Enabled: False 176.50 01/23/2018 0101-41500-63005 142.00 01/23/2018 0101-41100-63005 318.50 Check Sequence: 41 ACH Enabled: False 293.66 01/23/2018 610048800-61115 Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total Total for Check Run: Total of Number of Checks: 722.36 177,512.71 IM AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) page 7 Check Total: 293.66 Vendor: USbancor US Bancorp Check Sequence: 42 ACH Enabled: False 347567232 General Obligation Equip. Can. Contact 4,940.00 01/23/2018 3213-47000-66110 347567232 General Obligation Equip. Cert. Contact 126,000.00 01/23/2018 3213-47000-66100 Check Total: 130,940.00 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 43 ACH Enabled: False 348271883 Ricoh Copier Lease @ Comm Ctr 148.30 01/23/2018 2130-44000-62200 348271883 Ricoh Copier Lease @ City Hall 258.39 01/23/2018 0101-41420-62200 348271883 Ricoh Copier Lease @ Bldg Dept. 162.39 01/23/2018 0101-42300-62200 348271883 Ricoh Copier Lease @FS#1 15328 01/23/2018 0101-42200-62200 Check Total Total for Check Run: Total of Number of Checks: 722.36 177,512.71 IM AP -Computer Check Proof List by Vendor (01/23/2018 - 11:48 AM) page 7 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 01/25/2018 - 4:09PM Batch: 00424.01.2018 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AFLAC AFLAC Check Sequence: I ACH Enabled: False 122019 January 2018 Premium 554.16 01/25/2018 0101-00000-21209 Check Total: 554.16 Vendor: Alrcon Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 11123-2017-1 Trouble Shoot Makeup Air Unit 431.51 12/31/2017 0101-41930-63105 11164-2018-1 EOC - Fire Station #1 1,031.30 01/25/2018 4180-49300-63105 Check Total: 1,462.81 Vendor: AmSignal American Signal Corporatio Check Sequence: 3 ACH Enabled: False 011809 -NS Sirens 9,872.80 01/25/2018 4180-49300-65600 Check Total: 9,872.80 Vendor: AncomCon Ancona Communications, Inc. Check Sequence: 4 ACH Enabled: False 75797 New Pagers & Batteries 3,200.90 01/25/2018 0101142200-61020 Check Total: 3,200.90 Vendor: AnkCo08 Anoka Co Fire Protect. Council Check Sequence: 5 ACH Enabled: False 17-100 New Hires Academy Class 3,750.00 12/31/2017 010142200-61015 Check Total: 3,750.00 Vendor: AssuSecu Assured Security Inc. Check Sequence: 6 ACH Enabled: False 78449 Paxton Nett Plus Door IPs & Readers 6,060.00 12/31/2017 4180-49300-63010 78450 Vivotek 5MP In & Outdoor 6,695.00 - 12/31/2017 4180-49300-63010 78451 Paxton Ner2 Plus Door IN & Paxlock 7,040.00 12/31/2017 4180-49300-63010 78452 Vivotek 5MP In & Outdoor 8,580.00 12/31/2017 4180-49300-63010 78584 Paxton Nett Plus Door IN & Readers 3,405.00 12/31/2017 4180-49300-63010 Check Total: 31,780.00 AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: CenLink CenturyLink Check Sequence: 7 ACE Enabled: False 763 754-6713 Subway Q Community Center 54.06 01/25/2018 2130-44100-62030 763755-0776 City Hall Service 19.99 01/25/2018 0101-41910-62030 763 755-0776 Public Works Service 19.99 01/25/2018 0101-41930-62030 763 755-0776 Fire Department Service 20.00 01/25/2018 0101-41200-62030 763 755-0776 Community Center Service 20.00 01/25/2018 2130-44000-62030 Check Total: 134.04 Vendor: CEAOMN City Engineers Assoc. of MN Check Sequence: 8 ACE Enabled: False 2017 Membership Dues 60.00 12/31/2017 0101-41600-61320 Check Total: 60.00 Vendor: CivicPlu CivicPlus Check Sequence: 9 ACH Enabled: False 169429 Hosting & Support Annual Fee 6,258.95 01/25/2018 0101-41420-62305 Check Total: 6,258.95 Vendor: ClassC Class C Components Inc. Check Sequence: 10 ACH Enabled: False 246362 Roll Towel]Toilet Paper/Garbage Bags 886.91 01/25/2018 2130-44000-61020 Check Total: 886.91 Vendor: Colonial Colonial Life & Accident Check Sequence: 11 ACH Enabled: False 7156706-0201936 Jan & Feb 2018 Premium - E7156706 434.82 01/25/2018 0101-00000-21210 7156706-0201936 Jan & Feb 2018 Premium.- E7156706 19.20 01/25/2018 7100-00000-21218 Check Total: 454.02 Vendor: CoonRapi City of Coon Rapids Check Sequence: 12 ACE Enabled: False 12118 Traffic Signal - Hanson & 133rd 56.67 12/31/2017 0101-43400-62005 12118 Traffic Signal - Crosstown & 133rd 41.96 12/31/2017 0101-43400-62005 Check Total: 98.63 Vendor: CoreMain Core & Main Check Sequence: 13 ACE Enabled: False i359286 Meter 883.88 01/25/2018 5100-48100-61035 Check Total: 883.88 Vendor: DehnOil Dehn Oil Company Check Sequence: 14 ACH Enabled: False 59132 Unleaded Fuel 541.65 01/25/2018 6100-48800-61045 59133 Diesel Fuel 3,717.00 01/25/2018 6100-48800-61050 AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Page 3 Check Total: 4,258.65 Vendor: ECM ECM Publishers, Inc. Check Sequence: 15 ACH Enabled: False 564648 Andover Advocate - January 139.00 01/25/2018 0101-46000-63025 565818 Ord 477 75.25 01/25/2018 415049300-63025 Check Total: 214.25 Vendor: EmerMedi Emergency Medical Products, Inc Check Sequence: 16 ACH Enabled: False 1957715 Nitrile Gloves/Airway Kit/Glutose 176.09 01/25/2018 0101-42200-61015 Check Total: 176.09 Vendor: ForceAm Force America Distributing LLC Check Sequence: 17 ACH Enabled: False INOOI-1208765 Stock 211.49 01/25/2018 6100-48800-61115 Check Total: 211.49 Vendor: GoodTroy Troy Good Check Sequence: 18 ACH Enabled: False 60302811 Refund Incorrect Permit Type 60.00 01/25/2018 0101-42300-52195 Check Total: 60.00 Vendor: GovConn GovConnection, Inc. Check Sequence: 19 ACH Enabled: False 55456294 Stock Items 134.85 01/25/2018 0101-41420-61225 Check Total: 134.85 Vendor: Grainger Grainger Check Sequence: 20 ACH Enabled: False 9668249577 Coupler, Pump 68.00 01/25/2018 2130-44300-61020 Check Total: 68.00 Vendor: Hakmson Hakanson Anderson Assoc., Check Sequence: 21 ACH Enabled: False 39382 Crosstown Blvd Trail 583.00 12/31/2017 417049300-63005 Check Total: 583.00 Vendor: KellerJJ JJ Keller & Associates, Inc. Check Sequence: 22 ACH Enabled: False 9102524738 Annual Dues 328.00 12/31/2017 0101-43100-61320 Check Total: 328.00 Vendor: KelleyPa Patrick Kelley Check Sequence: 23 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Page 3 Invoice No Description 60457966 Refund Permit - Not Required Check Total: Vendor: KinectEG Kinect Energy Group 269951/5852862 Community Center 269951/5950574 Public Works Check Total: Vendor: LegShiel Legal Shield 31833 February 2018 Premium ACH Enabled: Check Total: Vendor: MainMo Main Motors Chev - Cadillac 330627 Key for Unit #17-502 Check Total: Vendor: Menards Menards 65184 Ice Melt, Spring Water & Coarse Salt 17,491.83 Check Total: Vendor: NMOPS Minnesota Dept of Public Safety 0200400272017 Water Permit Fee Check Total: Vendor: MNPCA Minnesota Pollution Control Agency 76.75 Registration for Conference 0101-00000-21219 Check Total: Vendor: MnUnempl Minnesota Unemployment Ins. 07983653 2017 4th Qtr Unemployment Benefits Check Total: Vendor: Minutema Minuteman Press 977698 Business Cards for Ted Hagfors False Check Total: AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Amount Payment Date Acct Number Reference 60.00 01/25/2018 0101-42300-52195 60.00 Check Sequence: 24 ACH Enabled: False 13,884.74 12/31/2017 2130-44000-62015 3,607.09 12/31/2017 0101-41930-62015 17,491.83 Check Sequence: 25 ACH Enabled: False 76.75 01/25/2018 0101-00000-21219 76.75 Check Sequence: 26 ACH Enabled: False 34.55 01/25/2018 6100-48800-61115 34.55 Check Sequence: 27 ACH Enabled: False 145.56 01/25/2018 0101-42200-61020 145.56 Check Sequence: 28 ACH Enabled: False 25.00 01/25/2018 5100-48100-63050 25.00 Check Sequence: 29 ACH Enabled: False 780.00 01/25/2018 520048200-61315 780.00 Check Sequence: 30 ACH Enabled: False 359.27 12/31/2017 6200-48900-60510 359.27 Check Sequence: 31 ACH Enabled: False 77.85 01/25/2018 0101-42300-61005 77.85 Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MTIDist MTI Distributing Inc Check Sequence: 32 ACH Enabled: False 1151081-00 Parts for Unit #15-562 116.02 01/25/2018 6100-48800-61115 Check Total: 116.02 Vendor: MunlciPa Munici-Pals Check Sequence: 33 ACH Enabled: False 2018 Membership Dues 25.00 01/25/2018 0101-41230-61320 Check Total: 25.00 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 34 ACH Enabled: False SO1148364 PAC III Style Hood in Ultra Carbon Knight 1,390.95 12/31/2017 0101-42200-61305 Check Total: 1,390.95 Vendor: NugcmPa Pat Nugent Check Sequence: 35 ACH Enabled: False 20180124-01 Labor for Repairs on Units 4328/#4817 402.00 01/25/2018 6100-48800-63135 Check Total: 402.00 Vendor: OptumBan Optum Bank HSA Check Sequence: 36 ACH Enabled: False 959962536 20174th Qtr HSA Fees 472.50 12/31/2017 6200-48900-63005 Check Total: 472.50 Vendor: R&R R&R Specialties of Wisconsin Check Sequence: 37 ACH Enabled: False 0064047 -IN Blade Sharpening 40.50 12/31/2017 2130-44300-61020 Check Total: 40.50 Vendor: RosenMNI Rosenbauer Minnesota LLC Check Sequence: 38 ACH Enabled: False 0000027553 Cord Hosebed Tarp 13.80 01/25/2018 0101-42200-61020 Check Total: 13.80 Vendor: SunLf6YE Sun Life Financial Check Sequence: 39 ACH Enabled: False 5487408 January 2018 Vision Premium 238.20 01/25/2018 0101-00000-21205 5487408 December 2017 Vision Insurance 238.20 12/31/2017 0101-00000-21205 Check Total: 476.40 Vendor: SupSolut Supply Solutions LLC Check Sequence: 40 ACH Enabled: False 16962 CanLiners - 86.88 01/25/2018 0101-41920-61025 AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PK Page 5 Invoice No Description Check Total Vendor: TharpJoa Joan Tharp 60157072 Refund Permit Wrong City Check Total: Vendor: TmstlnU Trust in Us, LLC 77088 Random DOT Testing Check Total: Vendor: Verizon Verizon Wireless 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Serviced 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service 9799797258 Monthly Cell Phone Service Check Total: Vendor: WallaceJ John Wallace 2018 Medical Flex Account 2018 Medical Flex Account Check Total: Vendor: WasMgmt2 Waste Management - Blaine 7791232-0500-6 - PW Garbage Disposal 7791232-0500-6 PW Garbage Disposal 7791232-0500-6 PW Garbage Disposal Check Total: Amount Payment Date Acct Number 86.88 60.00 60.00 190.00 190.00 69.58 189.18 158.21 99.46 398.04 59.58 190.61 104.59 510.45 106.00 72.07 290.91 156.40 298.00 59.58 2,762.66 63.34 846.70 910.04 290.69 1,279.01 368.20 1,937.90 Check Sequence: 41 01/25/2018 0101-42300-52185 Check Sequence: 42 01/25/2018 0101-41230-63005 Check Sequence: 43 01/25/2018 0101-41200-62030 01/25/2018 0101-42300-62030 01/25/2018 2130-44000-62030 01/25/2018 0101-41500-62030 01/25/2018 0101-41600-62030 01/25/2018 0101-41400-62030 01/25/2018 0101-42200-62030 01/25/2018 0101-41420-62030 01/25/2018 0101-45000-62030 01/25/2018 5200-48200-62030 01/25/2018 0101-43300-62030 01/25/2018 0101-43100-62030 01/25/2018 6100-48800-62030 01/25/2018 5100.48100-62030 01/25/2018 0101-41910-62030 Check Sequence: 44 01/25/2018 0101-00000-21211 01/25/2018 0101-00000-21211 Check Sequence: 45 12/31/2017 0101-45000-62020 12/31/2017 0101-46000-62020 12/31/2017 0101-41930-62020 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Vendor: WaytekSo Waytek Software 71398458 Renewal AG nti-Virus Business Edition Check Total: Total for Check Run: Total of Number of Checks: Check Sequence: 46 1,682.99 01/25/2018 0101-41420-62305 1,682.99 95,049.88 46 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/25/2018 - 4:09 PW Page 7 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 01/31/2018 - 11:09AM Batch: 00429.01.2018 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo03 Anoka Cc Check Sequence: I ACH Enabled: False Local Government Officials Meeting 11.25 01/31/2018 0101-41200-61310 Local Government Officials Meeting 22.50 01/31/2018 0101-41100-61310 Check Total: 33.75 Vendor: AspenMil Aspen Mills Check Sequence: 2 ACH Enabled: False 201047 Uniform for Aaron Groven 205.45 02/28/2017 0101-42200-61305 Check Total: 205.45 Vendor: BeckerAr Becker Arena Products, Inc Check Sequence: 3 ACH Enabled: False 1009689 Rubber Flooring 30,411.60 02/28/2017 2130-44300-63105 Check Total: 30,411.60 Vendor: CEAOMN City Engineers Assoc. of MN Check Sequence: 4 ACH Enabled: False 2017 Membership Dues 60.00 01/31/2018 0101141600-61320 Check Total: 60.00 Vendor: MNPCA Minnesota Pollution Control Agency Check Sequence: 5 ACH Enabled: False MS4 General Stormwater Permit 400.00 01/31/2018 5300-48300-63005 Check Total: 400.00 Vendor: WellsFar Wells Fargo Bank Check Sequence: 6 ACH Enabled: False NMMAAnnual Goal Meeting 21.69 02/28/2017 0101-41200-61310 Stock 45.30 02/28/2017 6100-48800-61115 Misc. Supplies 94.51 02/28/2017 6100-48800-61020 Misc. Supplies 169.27 02/28/2017 0101-42200-61020 Tools 135.98 02/28/2017 6100-48800-61205 Rubber Boots 79.96 02/28/2017 0101-43100-61005 Tools 1,142.05 02/28/2017 0101-42200-61205 AP -Computer Check Proof List by Vendor (01/31/2018 -11:09 AM Page 1 Invoice No Description Amount Payment Date Acct Number Reference Meeting 29.60 02/28/2017 0101-42200-61310 Misc. Supplies 109.21 02/28/2017 0101-42200-61020 Clip Board 12.83 02/28/2017 0101-41920-61120 Registration for Conference 399.00 02/28/2017 0101-41600-61315 Subscription 35.00 02/28/2017 0101-43200-61325 Pop 27.25 02/28/2017 7100-00000-24208 Annual Dues 1,042.74 02/28/2017 0101-41420-61320 Office Equipment 98998 02/28/2017 010142200-61210 Tug Meeting 6.08 02/28/2017 0101-41230-61310 All Staff Meeting 47.09 02/28/2017 0101-41200-61310 Council Meeting 44.97 02/28/2017 0101-41100-61310 Registration for Conference 425.00 02/28/2017 0101-41230-61315 Misc. Supplies 79.73 02/28/2017 010142300-61020 Port Manometer 124.00 02/28/2017 0101-42300-65600 Membership Dues 80.50 02/28/2017 0101-45000-61320 Tools 279.80 02/28/2017 0101-45000-61205 Meal for Conference 40.00 02/28/2017 0101-45000-61310 Misc. Supplies 79.73 02/28/2017 0101-45000-61020 Rebuilt Carburetor 37.70 02/28/2017 6100-48800-61115 Registration for Conference 308.00 02/28/2017 0101-45000-61315 Check Total: 5,886.97 Vendor: WSB WSB & Associates, Inc. Check Sequence: 7 7 - Catchers Creek 2nd Addition 1,910.50 02/28/2017 7200-00000-24203 Check Total: 1,910.50 Total for Check Run: 38,908.27 Total of Number of Checks: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/31/2018 - 11:09 AM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 02/01/2018 - 11:46AM Batch: 00431.02.2018 Invoice No Description Vendor: AndSrPty Andover Senior Party Assoc 2018 Andover High School Senior Party Vendor: AspenMil 209994 Vendor: BerkoDav Vendor: Cargill 2903873530 2903876669 2903881210 2903888621 2903894700 2903898610 Check Total: Aspen Mills Mise. Supplies Check Total: David Berkowitz 2018 Medical Flex Account Check Total: Cargill, Incorporated Bulk Deicer Salt Bulk Deicer Salt Bulk Deicer Salt Bulk Deicer Salt Bulk Deicer Salt for Streets ,Bulk Deicer Salt for Streets Amount Payment Date Acct Number Check Sequence: 1 762.00 02/02/2018 2320-41400-63005 762.00 Check Sequence: 2 88.75 02/02/2018 0101-42200-61020 88.75 Check Sequence: 3 631.63 02/02/2018 0101-00000-21211 631.63 Check Sequence: 4 2,533.27 02/02/2018 0101-43200-61125 5,914.74 02/02/2018 0101-43200-61125 1,590.45 02/02/2018 010143200-61125 1,592.15 02/02/2018 0101-43200-61125 7,510.28 02/02/2018 0101-43200-61125 1,332.08 02/02/2018 0101-43200-61125 G t i Y OF NDQER - Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (02/01/2018 - 11:46 AM) Page 1 Check Total: 20,472.97 Vendor: CMTDiver CMT Janitorial Services Check Sequence: 5 ACH Enabled: False 1145 Monthly Cleaning Service 1,052.60 02/02/2018 0101-41930-63010 1145 Monthly Cleaning Service 470.90 02/02/2018 0101-41920-63010 1145 Monthly Cleaning Service 1,246.50 02/02/2018 0101-41910-63010 Check Total: 2,770.00 Vendor: CollinsS Steve Collins Check Sequence: 6 ACH Enabled: False Learn to Skate Coach 90.00 02/02/2018 2130-44300-63005 AP -Computer Check Proof List by Vendor (02/01/2018 - 11:46 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/01/2018 - 11:46 AM) 90.00 Check Total: Vendor: CompMine Compass Minerals America 171600 Check Sequence: 7 Bulk Salt for Streets 180269 1,566.35 Bulk Salt for Streets 180357 Bulk Salt for Streets 5,940.67 02/02/2018 Check Total: Vendor: CoreMain Core & Main I398059 0101-43200-61125 22 G 4 Cond Wire 9,728.09 Check Total: Vendor: CrowRive Crow River Farm Equipment 187551 Spray Nozzles ACH Enabled: False Check Total: Vendor: ElectDes Electronic Design Company M122921 257.84 Labor for Repairs on Audio System Check Total: Vendor: FacMotor Factory Motor Parts Company 6-1495055 False Batteries for Unit#78 02/02/2018 0101-43100-61020 Check Total: Vendor: Fastenal Fastenal Company M1,HAM61147 Misc. Hardware Check Total: Vendor: Ferguson Ferguson Waterworks #2516 0272466 02/02/2018 Seal Kit Check Total: Vendor: ForceAm Force America Distributing LLC IN001-1209704 JIC Femal Swivel Check Sequence: 11 Check Total: AP -Computer Check Proof List by Vendor (02/01/2018 - 11:46 AM) 90.00 Check Sequence: 7 ACH Enabled: False 1,566.35 02/02/2018 0101-43200-61125 5,940.67 02/02/2018 0101-43200-61125 2,221.07 02/02/2018 0101-43200-61125 9,728.09 Check Sequence: 8 ACH Enabled: False 257.84 02/02/2018 5100-48100-61005 257.84 Check Sequence: 9 ACH Enabled: False 53.20 02/02/2018 0101-43100-61020 53.20 Check Sequence: 10 ACH Enabled: False 258.50 02/02/2018 2130-44300-63100 258.50 Check Sequence: 11 ACH Enabled: False 280.80 02/02/2018 6100-48800-61115 280.80 Check Sequence: 12 ACH Enabled: False 198.40 02/02/2018 0101-45000-61105 198.40 Check Sequence: 13 ACH Enabled: False 94.25 02/02/2018 5100-48100-61135 94.25 Check Sequence: 14 ACH Enabled: False 49.84 02/02/2018 6100-48800-61115 49.84 Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: G&K G&K Services Inc Check Sequence: 15 ACH Enabled: False 6182894177 Uniform Cleaning 179.22 02/02/2018 010143100-61020 6182894177 Uniform Cleaning 25.62 02/02/2018 0101-43300-61020 6182894177 Uniform Cleaning 76.80 02/02/2018 0101-45000-61020 6182894177 Unifomr Cleaning 25.61 02/02%2018 5100-48100-61005 6182894177 Unifomr Cleaning 51.19 02/02/2018 5200-48200-61005 6182894177 Uniform Cleaning 25.58 02/02/2018 6100-48800-61020 6182894179 Floor Mat Rental 67.38 02/02/2018 0101-41930-62200 6182894180 Floor Mat Rental 39.90 02/02/2018 0101-41910-62200 6182894181 Floor Mat Rental 133.93 02/02/2018 5100-48100-62200 Check Total: 625.23 Vendor: HeartSou Heart & Soul, LLC Check Sequence: 16 ACH Enabled: False 7341 HS Renewal 45.00 02/02/2018 010141230-61315 Check Total: 45.00 Vendor: IDEAL Ideal Advertising, Inc Check Sequence: 17 ACH Enabled: False 44739 Yupong Knit Hats 192.00 02/02/2018 0101-42200-61305 Check Total: 192.00 Vendor: JurgenLu Lucas Jurgensen Check Sequence: 18 ACH Enabled: False Learn to Skate Coach 126.50 02/02/2018 213044300-63005 Check Total: 126.50 Vendor: LeagueMN League of Minnesota Cities Check Sequence: 19 ACH Enabled: False 268160 2018 Safety & Loss Woarkshop 40.00. 02/02/2018 6200-48900-61315 " Check Total: 40.00 Vendor: Menards Menards Check Sequence: 20 ACH Enabled: False 65193 2 x 10 AC2 Cedartone 159.97 02/02/2018 0101-45000-61105 65193 Fox Meadows Park Redevelopement 239.96 02/02/2018 4150-49300-61105 65643 WD -40, Step Wax & Dry 35.71 02/02/2018 0101-43100-61020 65730 Pump Oil 25.36 02/02/2018 0101-43100-61020 65805 Misc. Supplies 3.85 02/02/2018 0101-41930-61120 65805 Bulbs 32.97 02/02/2018 0101-41920-61120 65805 Outlet Plate 1.05 02/02/2018 010141910-61120 66023 Bulbs 10.99 02/02/2018 010141910-61120 66031 Bulbs 41.98 02/02/2018 0101-41920-61120 66133 Post for Mailbox Repairs 73.08 02/02/2018 0101-43200-61020 AP -Computer Check Proof List by Vendor (02/012018 - 11:46 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 624.92 Check Total: Vendor: NCPERS NCPERS Group Life Ins.- Mi 3120218 Check Sequence: 21 February 2018 Premium 3120218 16.00 February 2018 Premium 7100-00000-21218 Check Total: Vendor: NussTrck Nuss Truck & Equipment 4542597P Parts for Unit #11-207 Check Total: Vendor: PowSysSe Power Systems Services, Inc. 00101277 ACH Enabled: Replace ATS Conatrol Circuit Board 1,827.18 02/02/2018 Check Total: Vendor: PralutsD Danielle Pralutsky Learn to Skate Coach Check Total: Vendor: RIMechan RJ Mechanical, Inc. 7700 02/02/2018 Water Valve for FS#1 Check Total: Vendor: Royal11 Royal Tire Inc 403-600055 Wheel Repair on Unit 205 403-600055 Wheel Repair on Unit 205 ACH Enabled: False Check Total: Vendor: S&SInd S & S Industrial Supply 296544 208.75 Misc. Supplies Check Total: Vendor: SmithBC Smith Brothers Decorating 25094 False Plow Paint 02/02/2018 0101-41920-63105 Check Total: Amount Payment Date Acct Number Reference 624.92 Check Sequence: 21 ACH Enabled: False 16.00 02/02/2018 7100-00000-21218 160.00 02/02/2018 0101-00000-21205 176.00 Check Sequence: 22 ACH Enabled: False 1,827.18 02/02/2018 6100-48800-61115 1,827.18 Check Sequence: 23 ACH Enabled: False 875.00 02/02/2018 0101-41920-63105 875.00 Check Sequence: 24 ACH Enabled: False 208.75 02/02/2018 2130-44300-63005 208.75 Check Sequence: 25 ACH Enabled: False 101.13 02/02/2018 0101-41920-63105 101.13 Check Sequence: 26 ACH Enabled: False 20.00 02/02/2018 6100-48800-63135 80.85 02/02/2018 610011880051115 100.85 Check Sequence: 27 ACH Enabled: False 22.86 02/02/2018 6100-48800-61020 22.86 Check Sequence: 28 ACH Enabled: False 299.59 02/02/2018 0101-43200-61020 299.59 AP -Computer Check Proof List by Vendor (02/01/2018 -11:46 AM) Page 4 Invoice No Description Vendor: StarTri2 Stu Tribune 10962115 February 2018 Mad Subscription Check Total: Vendor: Surd YE Sun Life Financial 5487408 February 2018 Premium 0101-41200-61320 Check Total: Vendor: SupSolut Supply Solutions LLC 17114 Liners & Foaming Soap Check Total: Vendor: ToyotaLi Toyota -Lift of Minnesota W190066 CO Testing False Check Total: Vendor: USBankEq US Bank Equipment Finance 349006817 Ricoh Copier Lease @ PW 238.20 Check Total: Vendor: Ver -Tech Ver -Tech Labs INV000014242 Natural HDPE Bullet Check Total: Vendor: Ziegler Ziegler, Inc. A2266001 Water Truck Rental SWO50290609 Generator Repair Check Total: Total for Check Run: Total of Number of Checks: AP -Computer Check Proof List by Vendor (02/01/2018 - 11:46 AM) Amount Payment Date Acct Number Reference Check Sequence: 29 ACH Enabled: False 16.96 02/02/2018 0101-41200-61320 16.96 Check Sequence: 30 ACH Enabled: False 238.20 02/02/2018 0101-00000-21205 238.20 Check Sequence: 31 ACH Enabled: False 190.79 02/02/2018 0101-41930-61025 190.79 Check Sequence: 32 ACH Enabled: False 35.00 02/02/2018 610048800-63135 35.00 Check Sequence: 33 ACH Enabled: False 154.55 02/02/2018 0101-41930-62200 154.55 Check Sequence: 34 ACH Enabled: False 21.00 02/02/2018 6100-48800-61115 21.00 Check Sequence: 35 ACH Enabled: False 2,121.50 12/31/2017 0101-45000-62200 678.34 02/02/2018 5200-48200-63100 2,799.84 44,457.62 35 Page 5 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 02/01/2018 - 2:34PM Batch: 00405.02.2018 Invoice No Description Amount Payment Date Acct Number Reference 1� 1 Vendor: Cargill Cargill, Incorporated Check Sequence: I ACE Enabled: False 2903835421 Deicer Salt for Streets 10,199.94 02/05/2018 0101-43200-61125 Check Total: 10,199.94 Vendor: DNRWater MN DNR Eco -Waters Check Sequence: 2 ACH Enabled: False 1987-6059 2017 Water Usage 16,472.55 12/31/2017 5100-48100-63050 Check Total: 16,472.55 Vendor: PerkCont Dave Perkins Contracting, Inc. Check Sequence: 3 ACE Enabled: False 26354 Emergency Sewer Repair @ 714 140th Ln 25,285.00 02/05/2018 5200-48200-63010 Check Total: 25,285.00 Vendor: RJMechan RJ Mechanical, Inc. Check Sequence: 4 ACH Enabled: False 7633 Replace Heat Exchangers On RTU @ CH 13,748.25 12/31/2017 0101-41910-63105 Check Total: 13,748.25 Vendor: SWDevelo SW Development, LLC Check Sequence: 5 ACH Enabled; False Country Oaks North 3rd Addition 18,634.31 12/31/2017 4140-49300-63010 Check Total: 18,634.31 Total for Check Run: 84,340.05 Total of Number of Checks: 5 AP -Computer Check Proof List by Vendor (02/01/2018 - 2:34 PM) - Page 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RJvYN. GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrajer—nsh!N� Dave Berkowitz, Director of Pub 'cW ks /City Engineer FROM: Todd Haas, Assistant Public Works Director/Parks Coordinator SUBJECT: Repeal & Approve Ordinance/Public Right of Way Management - Engineering DATE: February 5, 2018 DISCUSSION At the January 23, 2018 City Council work session, staff reviewed the changes with City Council to the Public Right of Way Management code. The revisions updated the Right -of -Way Ordinance which has not been amended since its adoption in 2000. The language proposed is consistent with the League of Minnesota Cities Model Ordinance. Also, the small wireless facility language is part of the League of Minnesota Cities model ordinance. The language is required to be included due to a recent state law change that allows for this use. Note: Small Cell Facilities are allowed in zoned residential areas but shall require a Conditional Use Permit. Also, a condition has been added in the ordinance under section 8-2-11, C6 to give the City authority to approve aesthetics of structures/equipment to meet the character of the area in which the facility would be installed. ACTION REQUIRED Staff recommends the City Council review and consider the repeal and adoption of ordinance and Ordinance Summary Publication. Re ectfully Submitted {yr Todd Haas Assistant Public Works Director/Parks Coordinator Attachments Draft Ordinance's Ordinance Summary Publication`"' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 478 An Ordinance repealing Ordinance No. 247 adopted January 18, 2000. AN ORDINANCE REGULATING PUBLIC RIGHT-OF-WAY MANAGEMENT AND TO PROVIDE FOR THE ISSUANCE AND REGULATIONS OF RIGHT-OF-WAY PERMITS. The City Council of the City of Andover ordains the following: SECTION 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 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 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. 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. 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. Applicant. Any person requesting permission to excavate or obstruct a right-of-way. City. The City of Andover, Minnesota. For purposes of section 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 another 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 21613.04 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. 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 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, or the City fees and costs related to appeals taken pursuant to Section 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 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 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. 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. 8-2-5. UTILITY COORDINATION COMMITTEE: 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. 8-2-6. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: 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 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. 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. 8-2-7. REGISTRATION INFORMAITON: Information Required. The information provided to the City at the time of registration shall include, but not be limited to: 1. Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. 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. 3. A certificate of insurance or self-insurance: 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; 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 completed operations, damage of underground facilities and collapse of property; 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; 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 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. f. The City may require a copy of the actual insurance policies. 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. 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 from said commission or other state or federal agency. 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. 8-2-8. REPORTING OBLIGATIONS: 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: 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 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. Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another registrant listed by the other registrant. 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. 8-2-9. PERMIT REQUIREMENT: 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. 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. 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. 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. In addition to a permit for an area zoned Residential a Conditional Use Permit shall be required. 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. 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. 8-2-10. PERMIT APPLICATIONS: Application for a permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: 1. Registration with the City pursuant to this chapter; 2. Submission of a completed permit application form, including all required attachments, 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. 3. Payment of money due for the following items is at the City's discretion and as identified in the Fee Schedule: a. permit fees, estimated restoration costs and other management costs; b. prior obstructions or excavations; 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; d. franchise fees or other charges, if applicable. 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. 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. 8-2-11. ISSUANCE OF PERMIT; CONDITIONS: A. Permit Issuance. If the Applicant has satisfied the requirements of this chapter, the City shall issue a permit. 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. 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 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 -k ay 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. 2. No wireless facility may extend more than 10 feet above its wireless support structure. 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. 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. 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. 6. City has the authority to approve aesthetics of structure/equipment consistent with the character of the area. 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: 1. Up to $150 per year for rent to collocate on the City structure. 2. $25 per year for maintenance associated with the collocation; 3. A monthly fee for electrical service as follows: a. $73 per radio node less than or equal to 100 maximum watts; b. $182 per radio node over 100 maximum watts; or c. The actual costs of electricity, if the actual cost exceeds 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, 8-2-12. ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATIONS: 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. 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: 1. are located within a two-mile radius; 2. consist of substantially similar equipment; and 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. C. Tolling of Deadline. The 90 -day deadline for action on a small wireless facility permit application may be tolled if: 1. The City receives applications from one or more Applicants seeking approval of permits for more than 30 small 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. 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. 3. The City and a small wireless facility Applicant agree in writing to toll the review period. 8-2-13. PERMIT FEES AS IDENTIFIED IN THE FEE SCHEDULE: A. Excavation Permit Fee. The City shall impose an excavation permit fee in an amount sufficient to recover: 1. management costs; 2. degradation costs, if applicable. B. Obstruction Permit Fee. The City shall impose an obstruction permit fee in an amount sufficient to recover management costs. C. Small Wireless Facility Permit Fee. The City shall impose a small wireless facility permit fee in an amount sufficient to recover: 1. management costs, and; 2. City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. 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. E. Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 8-2-23 are not refundable. 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. 8-2-14. RIGHT-OF-WAY PATCHING AND RESTORATION: 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. 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. 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. 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. 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. 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 maj cure or days when work is prohibited as unseasonable or unreasonable under Section 8-2-16. 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. 8-2-15. JOINT APPLICATIONS: A. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right- of-way at the same place and time. 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. 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. 8-2-16. SUPPLEMENTARY APPLICATIONS: 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. 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. 8-2-17. OTHER OBLIGATIONS: 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. 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. 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. 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. 8-2-18. DENIAL OR REVOCATION OF PERMIT: 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. 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 4-2-3 8-2-24 B of this ordinance. 8-2-20. INSPECTION: 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. 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. C. Authority of Director. 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. 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. 8-2-23.. 8-2-21. WORK DONE WITHOUT A PERMIT: 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. 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. 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. 8-2-23. REVOCATION OF PERMITS: 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: 1. The violation of any material provision of the right-of-way permit; 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; 3. Any material misrepresentation of fact in the application for a right-of-way permit; 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 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 8-2-20. 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. 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. 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. 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. F. Reimbursement of City costs. If a permit is revoked, the permittee shall also 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. 8-2-24. MAPPING DATA: 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. 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 1. payments to contractors working on a public improvement project including those under Minnesota Statutes Chapter 429 and 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. 8-2-25. LOCATION AND RELOCATION OF FACILITIES: 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. 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. 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 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. 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. 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. 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. 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. 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. 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. 8-2-30. ABANDONED AND UNUSABLE FACILITIES: 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. 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. 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. 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. 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. Passed by the City Council of this day of February, 2018. Mayor Attest: City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE TO REPEAL ORDINANCE NO. 247 ADOPTED JANUARY 18, 2000 AND TO ORDAIN CITY CODE TITLE 8 PUBLIC WAYS AND PROPERTY, CHAPTER 2 PUBLIC RIGHT OF WAY MANAGEMENT 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. City Code Title 8, Chapter 2 is established to manage the public right-of-way, to recover its right of way management costs and to regulate right of way by providers of telecommunication services, small wireless facilities, and public utility services in the City of Andover. 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 day of 2018. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrat Joe Janish, Community Develop ent irector FROM: Stephanie L. Hanson, City Planner // SUBJECT: Approve City Code Change Title 9 Building Regulations, Chapter 12 - Antennas and Towers and Ordinance Summary Publication - Planning DATE: February 5, 2018 INTRODUCTION As part of the approval of the ordinance for Public Right -of -Way Management, staff needs to amend the section of code pertaining to Antennas and Towers to ensure consistency. Proposed amendments to Title 9 Building Regulation, Chapter 12 Antennas and Towers are as follows: 9-12-2: DEFINITIONS 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 tit 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. 9-12-5 ZONING DISTRICT REGULATIONS A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following residentially zoned locations: (Ord. 270, 12-5-2000; and. 2003 Code) In a. Church sites, when camouflaged; b. Public land, including City water towers, schools, and publicly - purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties; (Ord. 364, 2-19-2008) c. Utility and transmission structures located in public rights-of-way; when attached thereto; and d. Utility and transmission structures located outside of public rights-of- way, exclusively to serve the structures. (Ord. 364, 2-19-2008) 2. Only one tower or monopole shall exist on any one residentially zoned parcel of land. 3 Small Wireless Facilities require a Conditional Use Permit and shall conform to all applicable provisions of City Code pertaining to Public Right-of-way Management (Ordinance 478.2-5-18). B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following commercially and industrially zoned locations: a. Industrial (I) zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights-of-way when attached thereto. d. Utility and transmission structures located outside of public rights-of- way exclusively to serve these structures. (Ord. 364, 2-19-2008) 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12-5-2000) 3 Small Wireless Facilities shall conform to all applicable provisions of City Code pertaining, to Public Right-of-Wav Management (Ordinance 478, 2-5-18). 3 ACTION REQUESTED Staff recommends the City Council review and consider the amended ordinance and Ordinance Summary Publication. Res ectf**tled., Stephanie L. Hanson Attachments Draft Ordinance Ordinance Summary Publication 91 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 9: BUILDING REGULATIONS CHAPTER 12 ANTENNAS AND TOWERS SECTION 9-12-2: DEFINITIONS 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 existinq structure or concealment. SECTION 9-12-5: ZONING DISTRICT REGULATIONS A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following residentially zoned locations: (Ord. 270, 12-5-2000; and. 2003 Code) a. Church sites, when camouflaged; b. Public land, including City water towers, schools, and publicly - purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties; (Ord. 364, 2-19-2008) c. Utility and transmission structures located in public rights-of-way; when attached thereto; and d. Utility and transmission structures located outside of public rights-of- way, exclusively to serve the structures. (Ord. 364, 2-19-2008) 2. Only one tower or monopole shall exist on any one residentially zoned parcel of land. 3. _Small Wireless Facilities require a Conditional Use Permit and shall conform to all applicable provisions of City Code pertaining to Public Right-of-way Management (Ordinance 478. 2-5-18). B. Commercial and Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following commercially and industrially zoned locations: a. Industrial (1) zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights-of-way when attached thereto. d. Utility and transmission structures located outside of public rights-of- way exclusively to serve these structures. (Ord. 364, 2-19-2008) 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12-5-2000) 3. Small Wireless Facilities shall conform to all applicable provisions of City Code pertaining to Public Right -of -Way Management (Ordinance 478. 2-5-18). 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 2018. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9 BUILDING REGULATIONS, CHAPTER 12 ANTENNAS AND TOWERS 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 amendments to City Code Title 9, Chapter 12 establishes a definition for Small Wireless Facilities and Small Wireless Facilities regulations for commercial and residential zoning districts in the City of Andover. 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 day of 2018. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor W, 40-�'LF 1 • �� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City AdministraYeorks/City FROM: David D. Berkowitz, Director oEngineer SUBJECT: Accept Petition/Waive Public Hearing/Order & Approve Feasibility Report/Order Assessment Roll/18-17/1826 Andover Blvd. NW/SS & WM—Engineering DATE: February 5, 2018 INTRODUCTION The City has received a petition from the property owner at 1826 Andover Boulevard NW requesting the improvement of sanitary sewer and water main, Project 18-17. DISCUSSION Improvements were constructed in 1993 as part of City Project 92-24, Andover Boulevard Reconstruction and the cost of the sanitary sewer and water main improvements was deferred (as approved by the City Council) to the property until the property owner petitioned to hook up. The proposed assessment is based on the value of the improvements at the time of construction and increased by the Engineering News Record (ENR) Cost Index as identified in the Andover City Council Meeting Minutes — March 2, 1993. See attached meeting minutes. Feasibility Report The proposed assessment for sanitary sewer and water main for this parcel is as follows: 1993 ENR Cost Index (Sept) 5213 2017 ENR Cost Index (Dec) 10873 *Original identified cost for sanitary sewer and water main under City Project 92-24 $ 7,807.50 *Current value based on December 2017 ENR Cost Index $16,284.47 (*) Cost includes Sanitary Sewer Lateral, Area and Connection charge and Water Main Lateral, Connection and Area charge. BUDGETIMPACT The $16,284.47 would be assessed to the property owner over a 10 -year period at 4.5% interest. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition, waiving public hearing, ordering and approving the feasibility report and ordering assessment roll for the improvement of sanitary sewer and water main at 1826 Andover Boulevard NW, Project 18-17. Mayor and Council Members February S, 2018 Page 2 of 2 Respectfully submitted, David D. Berkowitz Attachments: Resolution. & Location Map 92-24 Assessment Roll, Andover City Council Meeting Minutes — March 2, 1993 cc: David & Lila Overbaugh, 1826 Andover Blvd. NW (Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVE PUBLIC HEARING, ORDER AND APPROVE FEASIBILITY REPORT AND ORDER ASSESSMENT ROLL FOR THE IMPROVEMENTS OF SANITARY SEWER & WATER MAIN, PROJECT NO. 18-17 IN THE AREA OF 1826 ANDOVER BOULEVARD NW. WHEREAS, the City Council has received a petition, dated January 18, 2018, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Engineer has found the improvements to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report, waive public hearing and order the preparation of the assessment roll. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5"' day of FebruaN, 2018, with Councilmember resolution, and Councilmember whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk voting in favor of the voting against, CITY OF ANDOVER Julie Trude - Mayor g:data/staff/rhondaa/agenda/resolutions/original/petordfe 1/30/2018 Date Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re; Municipal improvements Dear City Engineer. JAN 1 8 2019 CITY OF ANDOVER ENGINEERING DEPT. We do hereby petition for improvements of water main and sanitary sewer with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 10 year period. // 71 Sincerely, � � — 0� v " xt Property Owner jDwvil) r-FiC 1,1L -A C�✓�Rf3AvGl! Address j g2& 191VD0V=-1Z 13i..vD N w City, State, Zip /� N D o v£ m,_ m Phone (Wo k)) 7 (,:3 — 75 t— 33 6 H:\EngineeringlMisoellaneous\Templates\PETITION SINGLE specific.doc Ali/\.)OVER 1826 ANDOVER BLVD V/!/!/IYIG�/! Date Created: January 30, 2018 Disclaimer.- The provider makes no representation or warranties with respect to the reuse of this data. PIN 27� ��24-42-0004 OWNER OVERBAUGH RESOLUTION DATE 00 00 00 PROJECT ANDOVER BLV ( b -4W MSA . (92-24 4) )21 LOT .2i BLK . ....... .. 1. TUE, OCT 12 1993 32 Anacver, lnN 27 12 24 42 o004baugh, ---✓- --- -- David E & LM over 1826 Andover.Blvd NW 867.50 Andover, TON 55314 NR COST M-Jbeyt SZ13 � CAN- 8 q '74.9 -7 2017 ENiZ C6ST Tt,4C)EY /0873 .�S. 'S -:S IT UNIT J' SS' AREA S9 CONN-- ___ WH -UNIT WM_'AREA -O'COAfff ­-St-t- tfokk_ Iz ASSESSABLE RATE UNIT 22 '�D .000 P�ra 00 0.3000 0 0000 04.0 00 9500.0000 SS C .00,?75.00'0 Q(,_�26 9 - �50 0 0 627 0 c - �00 0.0467 cCaZ C, ur- — PO 0-00 443.65* wm TOTAL ASSESSED AMOUNT _j� D V'N T" 4 1 443.65 "A""I 1994 1=95 9 9 6 1997 9 9 200i 2002 W63--_ PRIN 34.45 T 36.34 S 4 3M.134 S 4D.45 S 42.69 S qs.02 s 47.50 S 50.11 s 52.87.5 55.89 INT 24.40 22.51 20 , 11 16.17 13.83 11.35 8.74 5.99 3.07 58: 8!%4. :4 581 85 .... .. ..... NOTES 1. INTEREST FOR 199:3 IS 0.001 INCLUDED IN n94 INTEREST 32 Anacver, lnN 27 12 24 42 o004baugh, ---✓- --- -- David E & LM over 1826 Andover.Blvd NW 867.50 Andover, TON 55314 NR COST M-Jbeyt SZ13 � CAN- 8 q '74.9 -7 2017 ENiZ C6ST Tt,4C)EY /0873 (m Regular Andover City Council Meeting Minutes - March 2, 1993 Page 3 (Continued Public Hearing: IP92-24/Andover Boulevard, Continued) Ms Christopherson - asked how the assessments will be paid. staff and Engineers explained it can be paid up front without interest, or with the real estate taxes over a ten-year period at the rate of 7 percent interest. Jolene Kindal - asked if she will be assessed. Her name is on the petition, but she has changed her mind. Being new in the neighborhood, she didn't know what she was signing. Council explained that because she is east of the entrance to Pinewood Estates, she would not be assessed for sewer and water unless she wishes to hook up. she will only be assessed for the street and storm sewer. Whenever anyone on the east side of the project wishes to hook up to sewer and water, they will have to petition the City to do so. It can be done on an individual basis; however, it would be better if several came in at a time. Mr. Huns - asked several points of clarification on the assessment. Staff and Council explained the sewer and water costs will not be assessed to the east side of the project at this time; however, when they do petition, the cost will be indexed for every year from the time of the project to the hookup according to the Engineering News Record Index. The interest will not begin until they hook up. There is no time period in which they will be required to hook up to sewer and water, as the City is considering this as a part of the trunk system. Ms. Christopherson - asked who pays for the costs if her fence must be removed. Staff explained it would be done as a part of the project. DanFurev 1815 Andover Boulevard NW - asked if they would be compensated when trees must be removed to widen the road. Mr. Davidson stated they can replant two trees for each one taken down. If the trees are in the right-of-way, there would be no compensation; but if trees on private property are needed for other purposes, there can be either compensation or replacement. The additional width of the road will be taken equally from each side as much as possible, and the road will be made straight where it tends to wander now. MOTION by Knight, Seconded by Perry, to close the public hearing. Motion carried unanimously. MOTION by Perry, Seconded by Jacobson, the Resolution ordering the improvement of sanitary sewer, watermain, streets and storm drains, Project No. 92-24 as presented. (See Resolution R047-93) Motion carried unanimously. MOTION by Perry, Seconded by Knight, that those properties petitioning for sanitary sewer and watermain in the project known as 92-24 will be assessed. Those properties not petitioning for sanitary sewer and watermain will have the assessment deferred until such time as they petition, and that assessment will be indexed by the Engineering Cost factor. All properties within the project known as Project 92-24 may be assessed for the non -reimbursable costs of street and storm sewer. Regular Andover City Council Meeting Minutes - March 2, 2993 Page 4 (Continued Public Hearing: IP92-24/Andover Boulevard, Continued) DISCUSSION: Council noted they would look at the possibility of the county funds being applied to the noa-reimbursable MSA costs; however, if that cannot be done, the residents will be assessed as presented this evening. Councilmember Perry also understood that the City will not hold the people who signed the petition to automatically hook up to sewer and water. Motion carried unanimously. 8:47 p.m. PUBLIC HEARING/IP92-271C0MMERCIAL BOULEVARD 8:47 p.m. Mr. Syfko reviewed the proposed project of Commercial Boulevard between Nightengale Street and Hanson Boulevard, including sanitary sewer, watermain and storm sewer. The total cost of the project is estimated to be $1,004,400. The method of payment would be the City's Tax Increment Financing funds paying for the southern half as well as other nonassessable parcels, and the northern half assessed to the benefitted properties. The end result is that 75 percent of the total cost, approximately $685,500, will come from TIF funds; and 25 percent, approximately $318,900, will be assessed to parcels. The hearing was opened for public testimony. Ron Black Elk River, Attorney, for James Runke, Parcel 44-00.07 - explained the concern of Mr. Runke is that the location of the road through this lot basically destroys any remaining benefit Mr. Runke has for the lot. Mr. Runke had plans to expand his building, but that cannot be done with the road location as shown. They wondered why the road couldn't be shifted further to the south for an equal taking of this lot and Lot 31. As proposed, the small triangle on the southwest corner is useless, and the remaining portion of the lot cannot be used to expand his building and still meet all setback requirements. Mr. Syfko explained to move the road further south would not meet the minimum curve design for State Aid standards. Attorney Hawkins stated if a triangular piece is created, it is expected the City will purchase it from Mr. Runke as a part of the acquisition. There is the possibility that Mr. Runke could also be compensated for any damage to the parcel. Roger Strelch - felt Commercial Boulevard is a road that goes no where and serves no purpose. There is only residential to the south which cannot access the road, and none of the land east'of Jay Street north of this road will be developed. The property he is being asked to buy is 150 feet of highline easement which cannot be developed. Council explained this is the first phase which will eventually connect Crosstown to Hanson. It is proposed that the land between Jay Street and the City's Commercial Park will be developed as industrial, and that the road provides the buffer between the residential and industrial areas. James Runke - asked about the speed of the curve shown on the west end of the road project. Mr. Syfko explained the road will stop at the end of the Andover Auto Parts parcel, and the specific location and design of the curve has not been determined yet. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council members CC: James Dickinson, City Administrat FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Commission Appointments DATE: February 5, 2018 INTRODUCTION As Commission terms expire, the City Council considers new appointments to the various Commissions. 0 Interviews for the Andover Planning & Zoning, Park & Recreation, and Open Space Commissions were held on Tuesday, January 16" and Wednesday, January 17", 2018, at a Special City Council meeting. There were 11 candidates interviewed. ACTION REQUESTED The City Council is requested to appoint Kyle Nemeth and Nick Loehlein for the Planning and Zoning Commission; Dawn Perra and Jake Widmyer, for the Park & Recreation Commission; Jim Olson and Brian Perra for the Open Space Commission; Frank Kellogg and Tony Howard for the Andover Community Center Advisory Commission; and Julie Scullen for the Youth First Board. Mary Vanderlaan and Bill Crossman will be the alternates for the Planning and Zoning Commission; Ryan Ingebritson will be the alternate for the Open Space Commission; and Brian Beck will be the alternate for the Parks & Recreation Commission. Respectfully submitted, Dana Makinen 1655 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 Cler SUBJECT: Approve 2018 Kennel License DATE: February 5, 2018 INTRODUCTION Kennel licenses expired on December 31, 2018. DISCUSSION The following has applied for renewal of their kennel license and paid the appropriate fee: Private: Timothy Hiltz —16541 Valley Dr. NW ACTION REQUIRED The City Council is requested to approve the kennel license for the period of February 6, 2018 through December 31, 2018. Respectfully submitted, C44- Michelle Harmer Deputy City Clerk Attach: License application 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV PRIVATE DOG KENNEL LICENSE APPLICATION CITY CODE TITLE 5, CHAPTER 1 Private (anyplace where more than three dogs are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) Name 'J,. t4' "-2- Address VA' &tf 1-10' NW ,, d'a vee- Y)-7 -n .ss3 6 Sl Telephone Number, Email Address Number of Dogs 9 is is iritic ickkkic icicicic iskkkk�: kk xkickkic kit icic icicic kit kickirk kkkkkk kkk kir xickic kit is is kkk&kit is ixkk Property Size /G - /4(1 /9e'< r S Method of Waste Disposal ACC -50 1, J weggTC Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. k is k k k k k k k k k k k k k k k is k is is is k k k k k k k k k k k k k k k is k ai is is it is it k k x k k k k k k k k k k is is k it k k ie k k k k k k 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administ Lee Brezinka, Finance Manag Approve Utility Billing Services Contract/OPUS" Management Solutions, LLC. February 5, 2018 INTRODUCTION The City has a utility billing service that provides billing services for the water, sanitary sewer, storm sewer and street lights. The contract for billing services through OPUS" Management Solutions, LLC expires on February 28, 2018. Finance is recommending that the City renew the contract with OPUS21 Management Solutions, LLC. The City has had a good working relationship with this company and there are a limited number of companies that provide this level of service. BUDGETIMPACT The fee schedule is attached to the contract and will increase annually the first three years over the five year term. Utility billing fees are taken into account annually when reviewing the annual rates charged to customers. ACTION REQUESTED The Andover City Council is requested to approve the attached Utility Billing Contract with OPUS" Management Solutions, LLC. Respectfully submitted, lell- 6 Lee Brezinka Attachment OPUS21 MANAGEMENT SOLUTIONS RENEWAL OF MASTER AGREEMENT FOR ANDOVER OPUS21 Agreement Number: 5214 Date Effective: March 1, 2018 THIS renewal of OPUS21 Master Agreement (this "Agreement"), is made and entered effective March 1, 2018, by and between OPUS21 MANAGEMENT SOLUTIONS, LLC., 680 Commerce Dr., Suite 160, Woodbury, MN 55125 ("OPUS21") and City of Andover, a Minnesota Municipal Corporation, 1765 Crosstown Blvd NW, Andover, MN 55304 (Andover). Recitals A. OPUS21 and Andover agree that all products and services to be provided by OPUS21 to Andover shall be furnished only under the terms and conditions of this Agreement and its attached Schedule No. 1 (the "Schedule"); and B. OPUS21 is a technology product and service firm specializing in providing certain technology software products and services that OPUS21 has developed, owns or leases; and C. Andover desires to purchase products or services from OPUS21 pursuant to the terms and conditions contained in this Agreement and the attached Schedules; and Andover believes that the provision of OPUS21 services and products to Andover residents is cost-effective and in the best interests of Andover and its customers; and NOW THEREFORE, in consideration of the mutual promises contained herein, it is agreed to as follows: 1 Definition of Terms. As used herein: 1.1 "Event of Default' — Failure to perform the obligations required of a party to this Agreement pursuant to the terms of this Agreement. 1.2 "Project" — The products and services provided by OPUS21 for Andover. 1.3 "Parties" — Collectively, Andover and OPUS21. 1.4 "Schedule" — Attachment 1 to this Agreement, which are made a part of this Agreement for all purposes. 1.5 110PUS21 Custom Software" — Software developed by OPUS21 specifically for Andover or OPUS21 Core Software customized by OPUS21 specifically for Andover. 1.6 "OPUS" Core Software" — Software developed or customized by OPUS21 but not specifically for Andover. 1.7 110PUS21 Software" — OPUS21 Custom Software and OPUS21 Core Software. OPUS21 Software does not include the Source Code. 1.8 "Third -Party Software" — Software in machine-readable form provided by OPUS21 to Andover that is not developed or customized by OPUS21. Third -Party Software does not include the Source Code. 1.9 "Software" — OPUS21 Software and Third -Party Software. 1.10 "Source Code" — A copy of the computer programming code in human -readable or other Management Solutions. Page 1 of 8 form. 2 Term of Agreement. This Agreement shall be effective upon execution by both parties and shall continue in force through completion of services described in the "Schedule" unless earlier terminated in accordance with the terms herein. 3 Compensation. The amount of compensation Andover shall pay OPUS21 for the products and services provided by OPUS21 hereunder as set forth in the Schedules. All compensation shall be payable by Andover Net 30 days. 4 Confidentiality of ANDOVER's Information. 4.1 OPUS21 acknowledges that Andover is subject to the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13), and that the data and information provided to OPUS21 under this Agreement or through the provision of services for Andover pursuant to this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data shall be maintained in accordance with all applicable laws, rules, and regulations. Such data and information shall include data and information defined by OPUS21 as confidential and as a proprietary asset any information or materials that come to the attention of OPUS21 by reason of (a) the presence of OPUS21is agents, employees, or representatives at Andover's site, or (b) OPUS21 furnishing services to Andover in connection with this Agreement (such information, materials, and records collectively being referred to as "Andover's Confidential or Proprietary Information"). 4.2 Notwithstanding anything herein to the contrary, Andover's Confidential or Proprietary Information shall not include: (a) information that comes into the public domain except as a result of a breach of this confidentiality provision; (b) information received by OPUS21 from a third party not under any obligation of confidentiality with respect thereto; (c) information that is independently developed by OPUS21 personnel who have not had access to Andover's Confidential or Proprietary Information; (d) information required to be disclosed under operation of law; or (e) information approved in advance in writing for disclosure by Andover. 4.3 OPUS21 agrees to cooperate with Andover in the event Andover is required to respond to a request for data pursuant to Minnesota Statutes, Chapter 13. Intellectual Property. All computer programs, including the OPUS" Software, related documentation, written procedures, and copies of transcripts, Source Codes, and similar items are proprietary to and shall be considered trade secrets and confidential information remaining the property of OPUS21. Andover agrees that, other than those disclosures and records required to be made or maintained pursuant to Minnesota Law, it will not disclose to any third party at any time (either during or after termination of this Agreement) any OPUS21 "trade secret information" as that term is defined in Minnesota Statutes, Section 13.37. Andover shall maintain all documentation related to or arising from this Agreement as required by its records retention policy, with such trade secret information maintaining its classification during the term of retention. All original input data items shall remain the property of Andover and will be returned pursuant to Andover's instructions, except as may be required by the Minnesota Government Data Practices Act as determined by a Court of competent jurisdiction. Andover shall retain or destroy all original input documentation and other documentation in accordance Management Solutions. with its own procedures. 6 Modification. 6.1 Either party may modify this Agreement or any Schedules through mutual agreement of both parties. 6.2 In the Event of Default the non -defaulting party may terminate this Agreement or any Schedule. 6.3 hi the event of modification for any reason, Andover will pay all amounts due and payable under this Agreement up to the effective date of modification, and Andover may retain and use any products or services delivered to Andover prior to the date of modification as governed by the terms and good standing of the Agreement. 7 Hold Harmless and Indemnification. 7.1 By OPUS21. OPUS" shall indemnify, defend and hold harmless Andover against any loss, damage or expense incurred by Andover as a result of claims, actions or proceedings brought by any third party arising out of OPUS21's performance or failure to perform under the terms and conditions of this Agreement including Andover's reasonable attorney's fees and any money damages or costs awarded in respect of any such claim(s) and any suit raising any such claim(s); provided, however, that (a) Andover shall have given OPUS21 prompt written notice of any such claim, demand, suit or action; (b) Andover shall cooperate with said defense by complying with OPUS21is reasonable instructions and requests to Andover in connection with said defense; and (c) OPUS21 shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. 7.2 By ANDOVER. Andover shall indemnify, defend and hold harmless OPUS21 against any loss, damages or expense incurred by OPUS21 as a result of claims, actions or proceedings brought by any third party arising out of Andover's performance or failure to perform under the terms and conditions of this Agreement including OPUS21's reasonable attorney's fees and any money damages or costs awarded in respect of any such claim(s) and any suit raising any such claim(s); provided, however, that (a) OPUS21 shall have given Andover prompt written notice of any such claim, demand, suit or action; (b) OPUS21 shall cooperate with said defense by complying with Andover's reasonable instructions and requests to OPUS21 in connection with said defense; and (c) Andover shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. 7.3 The indemnity obligations contained in this section 7 shall survive termination of this Agreement. Nothing in this Section shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. Notices. All notices and other communications under this Agreement must be in writing and shall be deemed to have been given if delivered personally, sent by facsimile (with confirmation), mailed by certified mail, or delivered by an overnight delivery service (with confirmation) to the parties at the following addresses or facsimile numbers (or at such other address or facsimile number as a party may designate by like notice to the other parties): Management Solutions. To OPUS": OPUS21 Management Solutions, LLC Attention: Lynn Shuba, President 680 Commerce Drive, Suite 160 Woodbury, MN 55125 City of Andover Attention: Jim Dickinson, City Administrator/Finance Director 1685 Crosstown Blvd NW Andover, MN 55304 Any notice or other communication shall be deemed to be given (a) on the date of personal delivery, (b) at the expiration of the third (3`d) day after the date of receipt in the United States Mail, or (c) on the date of confirmed delivery by facsimile or overnight delivery service. 9 Governing Law/Dispute Resolution. This Agreement shall be governed by, construed, and enforced under and in accordance with the Laws of the State of Minnesota. In the event of any litigation arising under or construing this Agreement, Plaintiff agrees to bring any action in the State of Minnesota. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith to settle any dispute amicably between them. If any dispute arises between the parties either relating to this Agreement or in any way arising out of this Agreement then the complaining party shall provide a notice of such dispute, in writing, to the other party. Such notice shall include both a specific description of the disputed issues and suggested action(s) to remedy such dispute. The Parties shall thereafter attempt, in good faith, to settle such dispute. If no resolution of the dispute is reached within forty-five (45) days of the notice of dispute, then either party may pursue any legal remedy it may have available including instituting suit in a court of competent jurisdiction. 10 Binding Nature and Assignment. This Agreement shall bind the Parties and their successors and permitted assigns. Neither party may assign this Agreement without the prior written consent of the other party, except that the term "Assignment" shall not include any transfer by merger, acquisition, stock transfer or other consolidation with another entity. Notwithstanding the foregoing, Andover shall affect no assignment or transfer by merger, acquisition, stock transfer, sale of substantially all of the assets or consolidation to or with any entity engaged substantially in the business of providing software and/or related services that are similar to the software and services provided by OPUS21. 11 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than OPUS" and Andover. OPUS21 reserves the right to enforce the terms and conditions of this Agreement against all Third -Party. 12 Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement (except failure to pay) if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose OPUS' Management Solutions. Page 4 of 8 performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates. 13 Records. OPUS21 shall maintain such records as are deemed necessary by Andover to ensure that the products and services are provided as represented by OPUS21. All records, information, materials and other work products, including, but not limited to the completed reports, plans, and specifications prepared and developed in connection with the provision of products and services pursuant to this Agreement shall become the property of ANDOVER upon delivery to Andover representatives, except as otherwise set forth in paragraphs 4 and 5. 14 Discrimination. OPUS21 agrees not to discriminate in providing its products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 15 Entire Agreement. This Agreement, the Recitals, and the Schedules contain the entire understanding of the Parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the Parties relative to its subject matter. No amendment to, or change, waiver or discharge of any provision of this Agreement shall be valid unless in writing and signed by any authorized representative of the party against which such amendment, change, waiver or discharge is sought to be enforced. 16 Signature Authority. Each party represents and warrants to the other that the signatory of that party is authorized to enter into this Agreement for and on behalf of that party. 17 Relationship of the Parties. The relationship of the Parties established by this Agreement is solely that of independent contractors, and nothing contained in this Agreement shall be construed to (a) give any party the power to direct and control the day-to-day activities of the other; or (b) constitute such Parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; or (c) make either party an agent of the other for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent, employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other. 18 Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by either party is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld, unless specifically permitted by this Agreement. 19 Publicity. Either party hereto may prepare press releases concerning the existence of this Agreement and may reference the other party and this Agreement in its advertising, sales promotions, trade shows, or other marketing material, subject to review, comment, revision and prior written approval of the other party which approval shall not be unreasonably delayed or withheld. 20 Severability. If any provision of this Agreement is held to be unenforceable, then both Parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such Management Solutions. Page 5 of 8 provision to the extent necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and achieves the same objective and economic result. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, INDEMNIFICATION OR EXCLUSION OF DAMAGES OR OTHER REMEDIES IS INTENDED TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY UNDER THIS AGREEMENT IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR OTHER REMEDIES SHALL REMAIN IN EFFECT. 21 Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. 22 Attorneys' Fees. If any legal action or other proceeding is brought against the other party to this Agreement for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which a court of competent jurisdiction determines such party is entitled to. 23 Compliance with Laws. Each party shall comply with all governmental, including federal, state, and local laws, statutes, rules and regulations applicable to this Agreement. 24 Conflicts between Agreements. In the event that any terms of this Agreement conflict with any Schedule(s), License Agreement, or Support Services Agreement, outside this Agreement the specific terms of those particular schedules or agreements will govern. 25 Termination of Agreement. Upon termination of this Agreement, OPUS21 will assist Andover, on a time and material basis, in transferring the data to another system in a professional and timely manner. 26 Certificate of Liability Insurance: Upon enactment of this Agreement, OPUS21will add Andover as an additional insured to the OPUS21 insurance policy. OPUS21 will provide Andover with documentation of compliance with this paragraph upon the request of Andover. 27 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Management Solutions. Page 6 of 8 Accepted by: OPUS21 Management Solutions, LLC ANDOVER By: Lynn Shuba Its: President Date By: _ Its: Attest By: Its: Date Management Solutions. Page 7 of 8 SCHEDULE NO. 1 Base Services and Cost This Schedule is part of the Master Agreement No. 5214 between OPUS21 and Andover effective March 1, 2018. NOW, THEREFORE, the Parties agree as follows: 1. Term of Agreement. The term of this agreement will be 60 months. 2. Cost of Services. CHANGED Customer Credit Refund Process $6.00 Each 3. Additional Services Services provided at the request of Andover as part of Master Agreement USPS Postage and Related Fees Printing of Inserts or Other Materials Banking Fees OPUS21 will provide EOM reports by the 20th of the month Bank Transfer based on EOM reports and cleared by bank by the 201h of the month OPUS2' Management Solutions. Page 8 of 8 Current Year 1 Eff 3/18 Year 2 Eff 3/19 Year 3+ Eff 3/20 CIS Data Hosting 0.23 0.23 0.23 0.23 Personnel & Support 0.12 0.14 0.16 0.17 Simplex Bill 0.19 0.21 0.23 0.25 e -Bill 0.07 0.07 0.07 0.07 Inserts Home Show 0.03 0.04 0.05 0.06 Lockbox Payments - Stub 0.23 0.23 0.23 0.23 Lockbox Payments - No Stub 0.23 0.27 0.31 0.35 Online Electronic Payment 0.11 0.12 0.13 0.14 ACH Auto Pay 0.05 0.05 0.05 0.05 Customer Service 0.14 0.16 0.18 0.20 Customer Credit Refund Process $6.00 Each 3. Additional Services Services provided at the request of Andover as part of Master Agreement USPS Postage and Related Fees Printing of Inserts or Other Materials Banking Fees OPUS21 will provide EOM reports by the 20th of the month Bank Transfer based on EOM reports and cleared by bank by the 201h of the month OPUS2' Management Solutions. Page 8 of 8 q. C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrat David D. Berkowitz, Director of blie Works/City Engineer From: Kameron Kytonen, Natural Resources Technician Subject: NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/18-1 - Engineering Date: February 5, 2018 INTRODUCTION The City of Andover is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public meeting to receive feedback on the program. DISCUSSION To satisfy the MPCA mandates, staff fulfills the objectives under several Best Management Practices (BMP's), which are part of a dynamic Storm Water Pollution Prevention Program (SWPPP). This is a list of actions taken to improve the quality and reduce the quantity of storm water runoff. Staff will give a brief presentation on the stormwater pond inspection, evaluation, assessment and maintenance program. Following the presentation, the Mayor will be asked to open up the public meeting. Residents of the City will have an opportunity to make written and/or oral comments on the City's efforts thus far. They may comment on the components of the SWPPP as well. One written comment letter has been received and is attached for your review. Staff will review these comments, discuss these points internally and make adjustments to the City's program accordingly. ACTION REQUESTED The City Council is requested to hold a public meeting to review the City's status of compliance with the program and make recommendations as needed. Respectfully submitted, fameron onen Natural Resources Technician Attach: Comment Letter f Cc: Charlie Wold, 17453 Eidelweiss Ct. NW Andover, MN 55304 16 January 2018 I don't know whether it has been the clouds of white dust on the roadways, or the black slop after a snowfall or the white salt crust surface of my garage floor or the springtime death zone bordering the roadways of our community that has caused me concern for the amount of salt used to control ice. More recently, the invitation to comment on the City of Andover SWPPP and its effort to establish a higher level of environmental stewardship within the City has me thinking about how this community wants to move my concern of salt use forward. Minnesota cares deeply about the native water resources. We are the "Land of 10,000 Lakes" and untold acres of wetlands and miles of rivers and streams. Some of the most important statewide concerns involve our state waters- the on-going controversy regarding copper -nickel mining and waste containment so as to not impact watersheds. Second is the recently passed legislation requiring buffer strips along Minnesota ditches, streams and rivers within agricultural areas. Third is the mandate from the MPCA requiring all municipalities to address environmental disruptions within their limits by use of a Storm Water Pollution Prevention Plan (SWPPP). The Minnesota Pollution Control Agency has established the benchmark for governmental entities and each of those entities modifies the benchmark to suite the local conditions and aspirations. The City of Andover has created a SWPPP to address local concerns and has offered it up to the public for review. For each understood potential action, a means of control and/or mitigation as an action plan has been developed along with measurable outcomes. A good portion of the City of Andover SWPPP is devoted to initial changes to native landscapes in the form of control over building processes. Another important area covered is the maintenance of the built environment including storm sewers, their outlets and the equipment used to perform this maintenance. This includes the section on snow removal, Section 6B3. Within the plan, the City has established it will evaluate rates of application and compare to industry standards. This to be accomplished by tonnage of salt applied year over year and by training employees in salt management and application rates. There are resources available from MNDOT and the U of MN that can enhance the limitations of the current SWPPP references; best management practices that would include specifics of training, calibration of equipment and methodologies for data collection and analysis. After all, we live in an area rich with water resources and protecting them from chlorination is of vital importance. Back to my original point, maybe from a practical position, we don't need additional salt with that half inch that fell last night- a scrape may be just as effective and less costly. Less salt may leave more snow packed but it will also slow down the traffic in all of our residential neighborhoods. Too much traffic through the neighborhoods is moving above the speed limit presently. Less salt could be the equivalent to adding speed bumps. Besides, City streets don't have to be maintained at the same level as the County roads- the traffic counts and needs are so different, so should the need for salt. Charlie Wold 17453 Eidelweiss Ct NW Andover A c I T Y @ NDO L6 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule February EDA meeting DATE: February 5, 2018 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the February 20, 2018 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Commercial Updates 3. Redevelopment Updates 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the February 20, 2018 City Council meeting. submitted, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule March Council Workshop February 5, 2018 ACTION REQUESTED Schedule a Council workshop for the month of March. Below is a suggested date: 6:00 pm on Tuesday March 270'; or DISCUSSION The Council is requested to schedule a workshop for the following business items below: 1. Comprehensive Plan Update Discussions w/P&Z — Planning 2. City Code Amendment Discussions—Administration/Planning/Engineering 3. City Campus Master Plan Update Discussions—Administration/Engineering 4. 2019 Budget Development Guideline Discussion - Administration 5. 2018 Budget Progress Reports - Administration 6. 2018 City Investments Review - Administration 7. Other Topics Other items may be added upon Council request or operational need. ally submitted, 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: Schedule Local Board of Appeal & Equalization Meeting DATE: February 5, 2018 INTRODUCTION The Council is requested to schedule the Local Board of Appeal & Equalization Meeting. DISCUSSION The City Council had submitted two dates to the Anoka County Assessor's Office for the Local Board of Appeal & Equalization Meeting. Anoka County was able to accommodate the request of April 16, 2018. ACTION REQUIRED The City Council is requested to schedule the Local Board of Appeal & Equalization Meeting for April 16, 2018 at 7:00 p.m. Respectfully submitted, Michelle Harmer Deputy City Clerk CITY 0 F MOVE 19, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report February 5, 2018 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 3. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. d,