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HomeMy WebLinkAboutWK - February 26, 2019C I T Y O F N AL 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV City Council Workshop Tuesday, February 26, 2019 Conference Rooms A & B 1. Call to Order — 6:00 p.m. 2. Recess to: Comprehensive Plan Update Open House 3. Comprehensive Plan Update Open House — Council Attendance in Council Chambers (No decisions will be made.) 4. Reconvene City Council Workshop — Approximately 6:30 p.m. 5. Discuss/Updating Swimming Pool Access Barriers Code Amendment - Building 6. Discuss Fire Regulations Code (Title 7) - Fire 7. Discuss T Squared Storage (ABC Mini Storage) Land Swap Request — Planning 8. Discuss Future Extension of 1415 Avenue NW —Planning 9. Discuss Liquor Control Code /Temporary On -Sale Permits — Administration 10. December 2018 General Fund Budget Progress Report —Administration 11. 2019 Budget Progress Report — Administration 12. 2019 City Investments Review — Administration 13. Other Business 14. Adjournment U910011ru I[$ City of Andover Comprehensive Plan Update Open House DATE: February 26, 2019 TIME: 6:00 pm — 8:00 pm PLACE: Andover City Hall City Council Chambers 1685 Crosstown Blvd. NW Andover, MN 55304 A draft of the updated Comprehensive Plan, including maps, will be available for review. Staff will be present to answer questions and gather community comments. A draft of the Comprehensive Plan is available for review at Andover City Hall and on the City website: www.andovermn.gov Comments and questions can be addressed to Stephanie Hanson, City Planner at s.hanson @andovermn.gov or 763 - 767 -5147 n J Ax—bb—Nyjol 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLANDOVER. MN. US DATE: TO: CC: FROM: REQUEST: BACKGROUND February 26, 2019 Mayor and Council Members Discuss/ Updating Swimming Pool Access Barriers Jim Dickinson, City Administrator / Finance Director Fred Patch, Chief Building Official Council is requested to review this report, receive a presentation and provide direction on what and how to proceed with amending swimming pool access barriers. In October 2018, the Council requested staff to provide further study and options for amending the Code to possibly allow alternatives to private residential swimming pool access barrier fencing. Swimming pool access barriers are typically intended to provide a measure of safety to prevent the drowning of small children residing, visiting and neighboring a swimming pool. Model codes have been developed by ICC and other agencies; however, the model codes may be overly restrictive for some communities and have not been uniformly developed or adopted. Pool access barrier regulations of ten (10) local cities are tabulated on the following page. Note that: • Oak Grove has no specific regulations relating to pool access barriers. • Elk River allows "automatic" pool safety covers alone. • Blaine disallowed pool safety covers on June 21, 2018, and • Eight cities require at least a fence, a fence and safety cover, or alternative pool access barriers equal to a fence. The unique, rural/urban boundary location of Andover creates a condition where distance between rural properties, wetlands and other topographic features might appear to provide natural barriers restricting swimming pool access, equal to a fence. However, pool access barriers are to prevent the drowning of small children residing, visiting and neighboring a swimming pool. Considered alone, distance between rural properties does little to protect small children. "Automatic" Pool Safety Covers -- As previously described to the Council, swimming pool safety covers have been devised to prevent unintended pool entry and are significantly effective when properly installed and closed. Of the cities sampled, Coon Rapids and Otsego require both a fence and a safety cover as a second line of defense. As a single line of defense, pool safety covers miss the mark because they are often left fully or partially open. Pool neighbors complain to the city about the open hazard to small children, and full -time enforcement by city staff to insure the cover is properly employed is infeasible. Acceptance of a pool cover alone is not recommended. 0 ALTERNATIVES While Andover City Code (attached) presently requires a fence with self - closing gates for all pool installations, it is recognized that there are construction methods and various arrangements that provide alternative, equally safe barriers to prevent small children from entering an unattended swimming pool. Obvious barriers equivalent to a fence would include: • a deep marsh, lake or stream, • a non - climbable retaining wall extending at least 4 feet below the pool edge deck, • a zero -edge pool wall where a non - climbable pool edge wall is at least 4 feet in height, • a building wall or other above - ground wall with or without doors, where the doors may be latched and locked, and • any other permanent landscaping barrier or arrangement that provides for access restriction equal to a non - climbable four -foot high fence. The Council may choose to determine any level of regulation for pool safety, from rescinding the current regulations to adoption of one of the International Construction Code standards requiring fence, safety cover and alarms. Staff recommends that the current ordinance has served the city well and may be amended to allow alternative, equally safe barriers as may be determined by the Building Official. If a permit applicant chooses to appeal the determination of the Building Official, appeal may be to the Architectural Review Committee [ARC], and further to the Council. A possible draft of that code amendment is below: 9 -4 -5: FENCE REQ UIREMENTS.- A. Outdoor Swimming Pools: 1. All outdoor swimming pools constructed shall be completely enclosed by a fence or wall of the non- climbing type, so as not to be penetrable by toddlers, afford no external handholds or footholds, and be a minimum offour feet (4) in height; except that aboveground pools with aside wall height of at least four feet (4) need not be fenced but shall have removable steps. 2. All outdoor fence openings or outdoor points of entry into the swimming pool area shall be equipped with self - closing and self - latching devices. The opening between the bottom of the fence and the ground or other surface shall not be more than three inches (3'). 3 Alternative barrier /s to swimming pool fence may be allowed by the Building Ofcial where determined that the alternative barrier is equally impenetrable and protective ofpublic safety. Plans and specifications for any alternative barrier must be submitted to the Building Official must substantially demonstrate equal protection ofpublic salty. A retractable pool cover alone is hereby determined to not be equally protective. Where the swimming pool permit applicant or owner chooses to appeal the decision of the Building Official, such appeal may be made in writing by the applicant to the Andover Architectural Review Committee, and further to the City Council as may be determined by the permit applicant. B. Outdoor Spas And Hot Tubs: All outdoor spas and hot tubs shall either have a fence as described in this section or a latchable cover. The cover should be constructed of a material not to be penetrable by toddlers and is subject to inspection by the Building Official or designee. (Amended Ord. 228, 7 -1 -1997) CITY BY CITY COMPARISON OF POOL ACCESS SAFETY BARRIER REQUIREMENTS - 2019 CITY Andover Maple Ham Lake Ramsey St. Francis Anoka Otsego ids Blaine Elk River Oak Grove Grove RaCon p Fence YES YES YES YES YES YES YES YES YES YES Required Locking Gates/Doors YES YES YES YES YES YES YES YES YES YES Pool Safety Cover Per ASTM F NO NO NO NO NO NO h fence Band NO YES -- 1346 Allowed cover NO As Alternate are required Alternative Pool cover Covered equal access req'd in Removed with an No specific barriers addition to from Blaine «automatic" regulations may be fence, when city code pool for pools or permitted house is June 21, hen "not pool access by staff. part of 2018 supervised." barriers. barrier. NOTES: • An "automatic" pool cover is safe when attended or closed; however, the safety aspect, closing of the cover is not automatic. • "Automatic" means motorized. To open or close a pool cover, a switch must be manually actuated, otherwise entrapment is possible. • A pool cover that is not "automatic" must be manually closed with a rope, cable, crank or other device used to pull the cover closed. COON RAPIDS Summary: Coon Rapids has chosen a "belt and suspenders" approach to swimming pool access barriers. In all situations, a pool safety fence is required. However, if one side of the barrier is the exterior wall of the adjacent house, then doors in the house wall must be alarmed, and the pool must be equipped with a powered safety cover. The applicable provisions of the Coon Rapids swimming pool access barrier code follow: (h) Dwelling Unit Wall as a Barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: (i) Doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen are opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means to temporarily deactivate the alarm for a single opening. Such deactivations shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. (ii) The pool shall be equipped with a power safety cover which complies with American Society for Testing and Materials' Standard Performance Specification F1346 -91. BLAINE Summary: On April 19, 2018, the Blaine City Council held a workshop meeting to discuss pool covers and fences. The proposal was to remove automatic pool safety covers from pool safety barrier options. The Council consensus was to amend the code to specifically state that fencing is s required, and powered pool covers are no longer allowed. On June 21, 2018, the Council adopted the ordinance on second reading. While allowed several swimming pools were built with only safety covers to prevent pool access. The Council determined that the new code requiring fenced pool access barriers would be applied retroactively through enforcement actions by city staff. ELK RIVER Summary: Elk River allows automatic pool safety covers in place of a surrounding fence to restrict pool entry. Code enforcement by city staff and misdemeanor penalties for, "Failure to prevent access into an above ground pool when unoccupied..." has become a primary means to protect children from drowning in an unattended pool. The Elk River swimming pool access barrier code follows: a. All below ground swimming pools require a building permit and shall be enclosed with a fence or covered with an automatic pool cover when not supervised. b. The fencing or automatic pool cover must be installed prior to filling the pool. c. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed four inches. d. Fencing shall be a minimum of four feet in height and all gates shall be equipped with self- closing and self - latching devices placed at the top of the gate or otherwise inaccessible to small children and provided with hardware for permanent locking devices. e. Automatic pool covers shall meet the standards of F1346 -91 (reapproved 1996) of American Society of Testing and Materials (ASTM), as such standards may be modified, superseded or replaced by ASTM. f. All above ground pools that require a building permit shall have access controlled with a means to prevent access into the above ground pool when unoccupied. Failure to prevent access into an above ground pool when unoccupied is a misdemeanor. g. All pool related chemicals shall be stored inside the home or an accessory structure. h. Other means of protection, such as self - closing doors with self - latching devices, which are approved by the administrative authority shall be accepted so long as the degree of protection afforded is not less than the protection afforded by [the above stated provisions]. OAK GROVE Summary: Oak Grove has no specific ordinance regulating swimming pool access barriers, but may rely on general code provisions relating to public nuisances: "Code enforcement Sec. 14 -1. - Public nuisances. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following, is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: (1) Maintaining offensive conditions. Maintains or permits a condition that unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number ofpeople... " ee_� ANDO VER CITY COUNCIL WORKSHOP MEETING — OCTOBER 23, 2018 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, on October 23, 2018, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila (arrived at 6:08 p.m.), Mike Knight, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Director of Public Works /City Engineer, David Berkowitz Building Official, Fred Patch CALL TO ORDER Mayor Trude stated tonight's agenda includes an issue that was raised at the Resident Forum portion of a recent City Council meeting. The issue will be discussed tonight as part of the information- gathering process. The Council Workshop is typically an informal opportunity for the City Council to discuss upcoming Regular Meeting agenda items and provide direction and feedback to City Staff. DISCUSS POOL FENCES Building Official Fred Patch presented the issue to the City Council. Robert and Vanessa McNeil, 1947 161" Avenue, live on a large 22 -acre parcel that is extremely isolated, and surrounded by wetland. They are requesting that the City Council consider an amendment to City Code to allow a swimming pool safety cover as an alternative to fencing. SWIMMING POOL ACCESS BARRIER CONSIDERATIONS The City has discretion to adopt what they see as necessary to provide safety and protection. Andover has typically required a non - climbable fence around all in- ground pools, which provides safety and protection, and is an enforceable, visible and permanent barrier. Councilmember Bukkila arrived at 6:08 p.m. The City Council established a $1,500 pool fence escrow for property owners, which compels them to build a fence. Pool contractors are exempt from the escrow, and therefore have no liability related to the fence. Homeowners are resistant to installing pool fences due to aesthetic and financial concerns, and they assume that distance and privacy is equal to safety. In addition, pool Andover City Council Workshop Meeting Minutes — October 23, 2018 Page 2 covers are referred to as "automatic ", but they must be activated, and are only an effective safety measure if attended or closed by the owner. Pool covers can be left open for long periods of time. Requiring permanent and enforceable fences has allowed the City to provide public safety. Pool covers are an excellent second line of defense, and some cities, including Coon Rapids, are opting to require both a pool cover and a pool fence, if the house is part of the safety barrier. Mayor Trude expressed concern that the McNeils came forward to ask for the pool cover amendment after the pool was already finished. She requested clarification regarding the process. Mr. Patch stated building plans must be submitted by a contractor and approved by the Building Department before a pool can be built. A fence would be required as part of the building plans, with various fence features required by City Code, before passing a final inspection. However, six pools were built during the summer of 2018 originally without a fence, staff spend considerable time pursuing compliance. Councilmember Knight asked whether the fence must be tight to the pool. Mr. Patch stated the fence can surround the entire yard and does not have to be tight to the pool. Councilmember Holthus requested clarification regarding the strength of the pool cover material. RESIDENT REPORTIPROPOSAL Robert McNeil, 1947 161' Avenue NW, stated pool covers are made of thick canvas that is strong, durable and not easily punctured. Mr. Patch stated pool covers that are not completely retracted can be an extreme safety issue as people can get caught underneath with no way to get out. He reiterated that it is not an automated process. Councilmember Holthus asked whether pool covers can be installed on existing pools. Mr. McNeil stated it might be difficult. Mayor Trude stated her sister recently had a pool cover added to her pool. Councilmember Goodrich asked whether pool covers can be made with an automated closure feature after a certain amount of time passes and no one is in the pool. Mr. McNeil stated he is unsure. Councilmember Goodrich stated problems with pool covers, like entrapment, are generally due to lack of maintenance or owner vigilance. He added residents may have every intention of being cautious and safe, but there is the potential for problems. Mayor Trude asked for clarification regarding the lack of a fence at the McNeil's pool, and whether the fence was included in the construction plans and cost. She added the McNeils knew that a fence was required. Mr. McNeil stated plans were completed for the fence. He added it was their intention to approach the City to find out whether a fence was necessary. He noted the pool contractor submitted separate plans. PRO XE Andover City Council Workshop Meeting Minutes —October 23, 2018 Page 3 Mr. McNeil presented slides depicting sliding pool covers, for which there is a national standard. He stated pool covers are reliable and a good safety measure. He asked the City Council to consider an amendment to the Ordinance for properties of 5 acres or more. Mr. Patch stated many Minnesota cities have adopted a version of the international pool and spa code, which acknowledges that safety covers are an acceptable alternative to fences. He presented copies of the international code to the City Council. Mr. McNeil stated there is a lot of trees and vegetation on his 22 -acre property, as well as 13 acres of wetlands that are 3 feet deep in places. He added the pool is 950 feet from the main road, and 450 feet from the closest neighbor. Mr. Dickinson indicated an area on the map to the north of the McNeil's property, which will be a new housing development. Mr. McNeil stated, as mentioned in the pool standards, a removable ladder is required for above ground pools that can be retracted. He added this is a similar consideration for automatic pool covers which must be activated by the owner. He noted he and his wife appreciate the time and patience that City Staff have shown, and he apologized for not approaching the City about installing a fence before the pool was completed. Mayor Trude stated the concern is for the safety of community members, including the City's children. She added she understands that this large property is a unique situation. She thanked the McNeil's for attending the Workshop. Mr. Patch stated the ICC provides uniform codes to address situations like the McNeil's, but safety can still be a problem. Mayor Trude requested that City Staff determine the number of parcels of this size in Andover before this issue is brought before the Planning & Zoning Commission. She asked whether property width could be variable on a 5 -acre lot. Mr. Dickinson stated the distance between homes could be the same in a 2.5 -acre neighborhood. He added this type of request would not usually be reviewed by the Planning & Zoning Commission or require a public hearing. Councilmember Knight stated the Code could require that a pool fence must be a specified number of feet from the perimeter of the pool. Councilmember Bukkila stated residents who have a fence around the perimeter of their property would not be in compliance in that case. Councilmember Goodrich stated some flexibility on this issue is justified, as the City of Andover is not as dense as some other communities. He added, on a property of 20 acres, he does not see a need for a pool fence. He noted, however he would entertain some kind of code amendment, such as a requirement of 4 acres or 300 feet from the nearest neighbor's house. Councilmember Holthus stated there are many residences that have a pool and a fence that are Andover City Council Workshop Meeting Minutes — October 23, 2018 Page 4 close to their property line. She added she supports an additional 150 feet, for a total of 450 feet, as an appropriate distance between a pool and the closest neighbor. Mayor Trude stated the Code amendment could include some flexibility for City Staff depending upon the uniqueness of the property. Councilmember Holthus agreed. Councilmember Bukkila stated this situation is unique and she would support some flexibility. She expressed concern that a change to the property a lot split or change in ownership, would alter what was originally approved. She noted, in this situation, however, there are unique obstacles. Mr. Dickinson stated the McNeils have suggested a requirement of properties over 5 acres, which the number of effected properties is numerous. He added the City Council's comments are leaning away from zoning and toward the uniqueness of the property. Mayor Trude stated 10 acres could be used instead. Councilmember Holthus stated acreage might not be the best measure, but rather the distance between the pool and nearest neighbors. Mr. Dickinson stated an administrative process could be considered in which designated City Staff would review acreage size and unique criteria. He added the applicant could decide to appeal the decision to the City Council level. Councilmember Bukkila stated she would support an administrative approval process. Councilmember Holthus stated she does not believe acreage should be the definite rule, but rather the distance that a pool is located from the closest adjacent property. Mayor Trude requested that the City's emergency personnel be consulted on this issue. Mr. Dickinson agreed. Mr. Dickinson stated this issue will be reviewed by the City Council at an upcoming Regular Meeting. Mayor Trude stated the City Council would take a 5- minute break at 6:50 p.m. The City Council re- convened at 6:55 p.m. UPDATEIDISCUSS POTENTIAL CITY CAMPUS MASTER PLAN PROJECTS Mr. Dickinson stated potential projects related to the City Campus Master Plan include a primary focus on the Public Works maintenance facility. He invited Mr. Berkowitz to review this issue. PUBLIC WORKS MAINTENANCE PROGRESS UPDATE Mr. Berkowitz stated City Staff have been keeping the City Council updated about the proposed vehicle maintenance facility. He added the commercial site plan was submitted today, October 4P Date: February 71h, 2019 ANDOVER FIRE DEPARTMENT 13875 Crosstown Blvd. NW Andover, MN 55304 Ph: 763.755.9525 Fax: 763.755.9583 www.andovermn.gov To: Mayor and City Council Members Fr: Jerry Streich, Fire Chief/Emergency Management Directo �r Topic: Change in CITY CODE TITLE 7; FIRE DEPARTMENT INTRODUCTION: TITLE 7 of the CITY CODE has been changed to meet the current operation of the fire department. Some of the language within the CODE has been in place since 1977. 1 am also requesting we change the hours of operation for recreational fires. Currently, residents may not start a recreational fire until 5:00 PM. This was primarily due to staffing shortage during the daytime hours but that has now been improved with the addition of the Duty Crew program. Staff is now available to immediately respond to emergency should there be a need. I am requesting to change the starting time for recreational fires to 12:00 PM (Noon). The ending time for such fires shall remain the same at 1:00 AM. ACTION REQUESTED: Consider approving the updated changes of the CITY CODE, TITLE 7: FIRE DEPARTMENT to include a change in the hours for Recreational Burning. Sincerely, Cc: Jim Dickinsort\\\� r n 01 TITLE 7 FIRE REGULATION$ DEPARTMENT Subject Chapter alel"AteeFFire Department ........... ..............................1 FireCode ..................................... ..............................2 OpenBurning ............................... ..............................3 ul� CHAPTER 1 VOLUNT € €R -FIRE DEPARTMENT SECTION: 71 1. Short Title 7 -1-2 1: Department Establishment, Composition 7 -1-3 22: Fire Chief 7147 AssFstant Fire Chief 71 6. RFA A.4;iFrhAI 71 & G.efieLdefs T 71 s leis, n �. I r.e..., n .1...e..� TZ Clem DepdF:tFneR 71 Q. Compensation 7-1 40M Cwrlmand At Fi:eS 7- 144 3: Firefighters' Relief Association 7 -1-12 44: Prohibited Acts 7 -1-21: DEPARTMENT ESTABLISHED; COMPOSITION: There is hereby established in the city, a vokffAeef fire department consisting of a Fire Chief , , and other officers as are needed to make the department operational. The department shall be composed of no less than fifty (50) artive Fnembers firefighters. with the SiRgle exGeptieR that the initial applirants up to fifty five (55) in nuFFlbeF rhaill thiF y five (35) (Amended QFd 47 9 4 1977) 7 -1-32: FIRE CHIEF: A. A Appointment: The Chief shall be appointed by the City - Formatted: Numbered + Level: 1 + Numbering Style: A, Council to serve as a regular employee in the capacity of Chief, B, C, .. + Start at: 1 + Alignment: Left + Aligned at 0.5' and Fire Marshal and Emergency Management Director. The +Indent at: 1° Chief shall adhere to the personnel policies adopted by the city forFegulaF- fulltime employees. - - Formatted: Numbered + Level: 1 + Numbering Style: A, B. iDUtleS: _ 8, C, _. + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at 1" 1" Formatted: Indent: Left: 1" M P- and- senditier.The Fire Chief will act as the department head of the fire department managing all personnel, equipment and facilities. The Fire Chief shall also act as the city's Emergency Management Director to assure the City of Andover is meeting the provisions of Chapter 12 of MN State Statute. 2. RepertReports: The Fire Chief shall assure all required reports • Formatted: Indent: Left: r are completed and properly submitted to regulatory agencies as outlined by law. meetings in FebpjaFy and August as In the of th equipment and needs of the fiFe depaFtFneRt. 3. Training; Suspensions; Dismissals: - - Formatted: Indent First line: OS" a. The Chief shall be responsible for the proper training and discipline of the members of the fire department and may suspend or dismiss any member for refusal or neglect to obey orders or violation of any other personnel standards Ipo ides of the fire department. b. The City Administrator shall be the final authority in determining the reasonableness of any dismissal. 42,98 1977) C� 7 -144 3: FIREFIGHTERS' RELIEF ASSOCIATION: The members and officers of the fire department shall erganize themselves participate into a Firefighters' Relief Association. The insurance refund received from the state MN Department of Revenue is to be used for the Firefighters' Relief Association according to their approved by -laws. (Amended Ord. 42, 9 -8 -1977) 7 -1424: PROHIBITED ACTS: It shall be unlawful for any person to give or make, or cause to be given or - made, an alarm of fire or explosion without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the fire department in the discharge of its duties; and any person convicted of violating this section shall be guilty of a misdemeanor and shall be punished as defined by state law. (Amended Gird. 42, 9 8 1977) -" - Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" CHAPTER FIRE CODE SECTION: 7 -2 -1: Code Adopted 7 -2-3 2: Definitions 7 -2-4 3: Enforcement Official 7 -2-6 4: Standby Personnel 7 -2-6 55: Recreational Burning And and Burn Permits 7 -2-7 66: Violation; Penalties 7 -2-8 77:_ Appeals 7 -2 -1: CODE ADOPTED: Pursuant to Minnesota Statutes, Section 299F.011, and as modified by Minnesota Rules, Chapter 7511, the Minnesota State Fire Code, one copy of which has been marked as the official copy and which is on file in the office of the City Clerk, is hereby adopted as the fire code for the City of Andover, Minnesota, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as hereinafter amended, is hereby adopted and made a part of this chapter as if fully set forth herein. The scope of these regulations is intended to be consistent with Minnesota Statutes, Section 299F.011. (Ord. 277, 6 -17- 2003) U ' - -- Formatted: Default, Centerec '- - Formatted: Indent Left: 05" (1) The City of Andover adopts by reference the following appendices -- "" Formatted: Indent: Left: 0.5 ", Hanging: 0.5' to said Minnesota State Fire Code: Appendix #K— Fires or Barbecues on Balconies or Patios. 7 -2-3 2: DEFINITIONS: The following definitions shall apply to this chapter: CODE OR FIRE CODE: Where not more specifically enumerated, shall be construed to include the Minnesota State Fire Code, as adopted by the State of Minnesota pursuant to Minnesota Statutes, Section 299F.011 and any amendments thereto as adopted by the City of Andover, as well as other provisions of the City of Andover's adopted ordinances. U • --- -" I Formatted: Indent: Left: 0 ", Hanging: 0.5 ", Right: 0.33 ", Line spacing: At least 13.4 pt -__ Formatted: Indent: Left 0.5 ", Hanging: 1" '-- Formatted: Indent Left: 1" JURISDICTION: Wherever the term "jurisdiction" is used - Formatted: Indent: Left 1" in the Minnesota State Fire Code, it shall be held to mean the City of Andover. (Ord. 277, 6 -17 -2003) 7 -2-4 3: ENFORCEMENT OFFICIAL: The Chief of the fire department (hereinafter for convenience of reference - " -" Formatted: Indent: Left: 0.5" "Chief' or "Fire Chief') or his authorized representatives shall enforce the provisions of this chapter. The Fire Chief may detail such members of the fire department as inspectors as shall from time to time be necessary. (Ord. 277, 6 -17 -2003) 7- 2-554: STANDBY PERSONNEL: When, in the opinion of the Chief, it is essential for public safety in a place -- Formatted: Indent: Leh: 0.5" of assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to be on duty at such place. Such individual's duties shall be the following: A. Be subject to the Chiefs orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. go - - " " - Formatted: Indent: Left: 0.5" Before each performance or the start of such activity, such ------ Formatted: Indent: Left 0.5" individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order. C. They shall inspect the means of egress to see that they Formatted: Indent: Left: 0.5" are readily visible and easily accessible. D. They shall inspect for any conditions liable to cause or contribute to Formatted: Indent: Left, 0.5" a fire and require the owner or agent to remedy any such conditions prior to any performance or activity. E. They shall keep diligent watch for fires during the time such place Formatted: Indent Left 0.5" is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. F. Such individuals shall not be required or permitted, while on duty, to- - -- Formatted: Indent Left: 0.5" perform any other duties than those specified herein. (Ord. 277, 6- 17 -2003) 7 -2 -65: RECREATIONAL BURNING AND BURN PERMITS: The Fire Chief and /or his authorized representative will administer and ---" Formatted: Indent: Left: 0.5" regulate recreational fire and oven burning permit rules as established by fire department policies. Failure to obtain the proper permits and/or violations of those rules may be enforced under this code and subject to penalties as defined for a misdemeanor violation. (Ord. 277, 6- 17- 2003) 7-2-76: VIOLATION; PENALTIES: A_ A.—Unless otherwise stated herein, any person who shall violate any of r+ICnmdemLat: attd: Numbered + Level: 1 +Numbering Style: A, the provisions of this code hereby adopted or fail to comply therewith, . +Start at: 1 + Alignment: Left + Aligned at: 0.5' or who shall violate or fail to comply with any order made thereunder, 0.75" or who shall build in violation of any detailed statement of specifications or plans submitted there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Chief or his authorized representative or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. B_Ek—The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 277, 6 -17 -2003) a -- -- -' I Formatted: Numbered + Level: I + Numbering Style: A, B, C, ... + Start at I + Alignment Left + Aligned at 0.5" + Indent at: 0.75" 7 -2-8 7: APPEALS: whenever the Fire Chief or his/her representative shall disapprove or • ----- Formatted: Indent Left 0.5" refuse to grant a permit, or issue an order or notice as provided in the Minnesota State Fire Code or Andover Fire Regulations, or when it is claimed that the code or regulations have been wrongly applied or interpreted, the aggrieving person may appeal the decision of the Fire Chief as follows: (1) The aggrieved person may file a written appeal to the Fire Chief within ten days from the letter, notice or order. (2) The person aggrieved by the decision of the Fire Chief may file a written appeal with the City Administrator. The appeal to the City Administrator must be made within thirty days from the date of the Chiefs decision. (3) The person aggrieved by the decision of the City Administrator may file a written appeal with the City Council. The appeal to the City Council must be made within thirty days from the date of the decision of the City Administrator. (4) The person aggrieved by the decision of the City Council may appeal to the State Fire Marshal in accordance with Minnesota Statute Section 299F.011, Subdivision 5. CHAPTER 3 OPEN BURNING SECTION: 7-3--l: Definitions 7-3--32:- Permitted Burning; Conditions 7 -3-43: Violation; Penalty 7 -3 -1: DEFINITIONS: BURNING PERMIT: A written permit issued and approved by an official of the fire department by -the authorizing fires that are exempt from the general provisions hereof, and setting conditions therefore. Buminq permits require an inspection and approval to bum. co) - " - -'" i Formatted: Indent: Left: 0.5" CONTROL EQUIPMENT: Any device, approved by the Minnesota ' - - --- Formatted: Indent: Left: 0.5" Pollution Control Agency, which has the function of controlling or abating the emission of air contaminants to the atmosphere. OPEN BURNING: Burning any matter whereby the resultant _ Formatted: Indent: Left: 0.5" combustion products are emitted directly to the open atmosphere without passing through any adequate control equipment. PERSON: An Individual, corporation, Formatted: Indent: Left 05, Hanging Z' association, society or firm. RECREATIONAL FIRE: A wood burning fireplace and /or open fire used' ___"_ Formatted: Indent Left: 0.5" solely for outdoor enioyment and/or food preparation. 7 -3 -3 2: PERMITTED BURNING; CONDITIONS: A. Burning Permitted; Conditions: Open burning of the types and subject to the conditions as hereinafter stated shall be exempt from the prohibition of Section 7 -3-2 of this chapter: 1. Recreational Fires: a. a.—Recreational fires are allowed, but are subject to the following limitations: b_(a}Hours And and Number Of Days: Burning will be allowed from noon (12:00) until one o'clock (1:00) A.M. (Monday through FAdaySgaLaD and fram thielve 6619& (1240) Recreational fires will not be allowed for more than three (3) consecutive days at the same property or location. c_(2} Attendant: The fire *a to be attended at all time is always to be byattended by a responsible persGP gdult who understands the rules for burning and who can also use the extinguishing equipment that must be present. An attendant shall supervise the burning material until the fire has been PFGPOFIY ek4inquishedcom detely extinguished. Shovels, buckets of water, a fire andextinauisher, and a garden hose are considered proper equipment for extinguishment. \1 .:r " "" Formatted: CM178 Formatted: Bottom: 0.81" " "- Formatted: Indent: Left: 0.25" Formatted: Indent: Left 0.5 ", Tab stops: 1.19 ", Left + 1.25 Left + 1.38 ", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at 1 + Alignment Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75" Formatted: Indent: Left 1.75" 1 ------ Formatted: Numbered + level: 1 + Numbering Style: a, • b, c,,.. + Start at 1 + Alignment Left + Aligned at 1.5" + Indent at: 1.75" Formatted: Indent: Left 1.75" I_WSize: The-fire ' " "- Formatted: Numbered + Level: 1 + Numbering Style: a, Recreational fires can be no larger than three feet by twe b, c, ... + Start at 1 + Alignment Left + Aligned at 1.5" three feet (3'x 213) in diameter and flames can be no + Indent at: 1.75" higher than three feet (3'). Fires larger than this Formatted: Indent: Left: 1.75" requirement are not permitted without an approved permit. g._(4)-Fire Ring AFor Pit: • '"" "" Formatted: Numbered + Level: 1 + Numbering Style: a, The fire must be senstwcted- contained withinin a b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" noncombustible "fire ring" and /or pit at least W" live +Indent at 1.75" twenty -five feet (26) away from any structure f, ence • Formatted: Indent. Left: 1.75" vehicle, or wildland interface. Formatted: Numbered + Level: 1 + Numbering Style: a, 1. OyWind Speed: b, c, ... + Start at 1 + Alignment Left + Aligned at: 1.5" The wind speed must be below ten (10) miles per hour to ^ -_, + Indent at: 1.75" Formatted: Indent: Left: 1.75" conduct an open bum. g_WProhibited Starting Materials: - Flammablg4i luidsCombustible liquids may -shall not be • . used to staA- ignite any recreational fire. h_(7)- Burning Bang In Effect: alf a statewide or local burning ban is in effect, all recreational fires shall be are prohibited. Those responsible for conducting an open bum shall bare the responsibility to assure the conditions are in favor of buminq and not the threat to human life or prope rty damage. 0 Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 135" Formatted: Indent: Left: 1.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at 1 + Alignment Left + Aligned at 1.5" + Indent at: 1.75" Formatted: Indent: Left: 1.75" I_WMaterlals T9to Be Burned: Formatted: Numbered + Level: 1 + Numbering Style: a Only clean, dried wood (similar to what is burned in a b, c, ... + Start at: 1 + Alignment Left + Aligned at: 1.5" living room fireplace) or charcoal is permitted to be + Indent at 1.75' burned. Absolutely no grass, leaves, or brush is allowed Formatted: Indent Left: 1.75" tecan be burned. The following are prohibited materials and cannot be burned. (A) Tires, rubber or rubber products. (B) Chemically treated lumber. (C) Railroad ties, telephone poles. (D) Plastic pesticide or herbicide containers. (E) Chemicals of any kind. (F) Plastic liners in seed, feed, or pesticide bags. (G) Any plastic containers or other household waste. (H) Tarpaper, shingles, or other asphalt materials. (1) Insulation. (J) Composition board or sheetrock. (K) Construction materials. (L) Wiring, insulation on wiring, or cable. (M) Hazardous waste (including household hazardous waste). 0 (N) Commercial or institutional structures. (0) Paint or paint filters. (P) Used motor oil or other petroleum based petroleum -based liquids. (Q) Vehicles, motors, or parts of vehicles or motors. (R) Furniture or appliance. (S) Other items or materials as determined by the Fire Chief to not be appropriate. j_b—.Violations of any of the above rules will result in the • ----- Formatted: Numbered + Level: 1 + Numbering Style: a, immediate extinguishment of the fire. These and any b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" other violation of the open burning laws could result in +Indent at: 1.75" loss of the right to have recreational fires and may result in a citation and/or fee. 2. Managed Fires: • ----- Formatted: Tab stops: 5s °, Left Fires under managed supervision, for which a written • "'-- Formatted: Indent: Left: 1.5" burning permit has first been obtained from the City Fire Chief andIeFMaFshai necessary, but limited to the following: a. Fires purposely set for the instruction and training of • -- - -" I Formatted: Indent: Left: 1.5" public and industrial firefighting personnel. b. Fires set for the elimination of a fire hazard that cannot be Formatted: Indent Left: 1.5" abated by any other practicable means. (Ord. 237, 11 -4- 1997) c. The burning of trees and brush. The fee for such permit -"" f Formatted: indent: Left: 1.5' shall be in such amount as set forth in the cities adopted fee schedule. by eFdwnanGei. d. Any exemption hereafter adopted by the Minnesota Formatted: Indent: Left: 1.5" Pollution Control Agency and the Minnesota Department of Natural Resources. Liability f 4Ffor Damages: Exemption to conduct a fire or bum under this section does not excuse a person from the consequences, damages or injuries which may result therefrom, nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency, MN Department of Natural erResources. or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. 77 -3 -43: VIOLATION; PENALTY: Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Ord. 237, 11-4 -1997) 0 Formatted: Default, Indent Left 0 ", First line: 0 ", Right: 0 ", Line spacing: single Formatted: CM178, Indent: Left: 0 ", Hanging: 0.5 ", Right: 0.27 ", Line spacing: At least 13.4 pt veil J� TITLE 7 FIRE DEPARTMENT Subject Chapter Fire Department ........................... ..............................1 FireCode .................................... ............................... 2 OpenBurning ............................... ..............................3 CHAPTER1 FIRE DEPARTMENT SECTION 7 -1- 1: Department Establishment; Composition 7 -1- 2: Fire Chief 7 -1 -3: Firefighters' Relief Association 7 -1- 4: Prohibited Acts 7 -1 -1: DEPARTMENT ESTABLISHED; COMPOSITION: There is hereby established in the city, a fire department consisting of a Fire Chief and other officers as are needed to make the department operational. The department shall be composed of no less than fifty (50) firefighters. 7 -1- 2: FIRE CHIEF: A. Appointment: The Chief shall be appointed by the City Council to serve as a regular employee in the capacity of Chief, Fire Marshal, and Emergency Management Director. The Chief shall adhere to the personnel policies adopted by the city for fulltime employees. B. Duties: 1. The Fire Chief will act as the department head of the fire department managing all personnel, equipment and facilities. The Fire Chief shall also act as the city's Emergency Management Director to assure the City of Andover is meeting the provisions of Chapter 12 of MN State Statute. 2. Reports: The Fire Chief shall assure all required reports are completed and properly submitted to regulatory agencies as outlined by law. 3. Training; Suspensions; Dismissals: a. The Chief shall be responsible for the proper training and discipline of the members of the fire department and may suspend or dismiss any member for refusal or neglect to obey orders or violation of any other personnel policies of the fire department. b. The City Administrator shall be the final authority in determining the reasonableness of any dismissal. 7 -1- 3: FIREFIGHTERS' RELIEF ASSOCIATION: The members and officers of the fire department shall participate into a Firefighters' Relief Association. The insurance refund received from the MN Department of Revenue is to be used for the Firefighters' Relief Association according to their approved by -laws. (Amended Ord. 42, 9 -8- 1977) 7 -1- 4: PROHIBITED ACTS: It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire or explosion without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the fire department in the discharge of its duties; and any person convicted of violating this section shall be guilty of a misdemeanor and shall be punished as defined by state law. CHAPTER 2 FIRE CODESECTION: 7 -2 -1: Code Adopted 7 -2- 2: Definitions 7 -2- 3: Enforcement Official 7 -2- 4: Standby Personnel 7 -2- 5: Recreational Burning and Burn Permits 7 -2- 6: Violation; Penalties 7 -2- 7: Appeals 7 -2 -1: CODE ADOPTED: Pursuant to Minnesota Statutes, Section 299F.011, and as modified by Minnesota Rules, Chapter 7511, the Minnesota State Fire Code, one copy of which has been marked as the official copy and which is on file in the office of the City Clerk, is hereby adopted as the fire code for the City of Andover, Minnesota, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as hereinafter amended, is hereby adopted and made a part of this chapter as if fully set forth herein. The scope of these regulations is intended to be consistent with Minnesota Statutes, Section 299F.011. (Ord. 277, 6 -17- 2003) (1) The City of Andover adopts by reference the following appendices to said Minnesota State Fire Code: Appendix K— Fires or Barbecues on Balconies or Patios. 7 -2- 2: DEFINITIONS: The following definitions shall apply to this chapter: CODE OR FIRE CODE: Where not more specifically enumerated, shall be construed to include the Minnesota State Fire Code, as adopted by the State of Minnesota pursuant to Minnesota Statutes, Section 299F.011 and any amendments thereto as adopted by the City of Andover, as well as other provisions of the City of Andover's adopted ordinances. JURISDICTION: Wherever the term "jurisdiction" is used G) in the Minnesota State Fire Code, it shall be held to mean the City of Andover. (Ord. 277, 6 -17 -2003) 7 -2- 3: ENFORCEMENT OFFICIAL: The Chief of the fire department (hereinafter for convenience of reference "Chief' or "Fire Chief') or his authorized representatives shall enforce the provisions of this chapter. The Fire Chief may detail such members of the fire department as inspectors as shall from time to time be necessary. (Ord. 277, 6 -17 -2003) 7 -2- 4: STANDBY PERSONNEL: When, in the opinion of the Chief, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to be on duty at such place. Such individual's duties shall be the following: A. Be subject to the Chiefs orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. B. Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order. C. They shall inspect the means of egress to see that they are readily visible and easily accessible. D. They shall inspect for any conditions liable to cause or contribute to a fire and require the owner or agent to remedy any such conditions prior to any performance or activity. E. They shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. F. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those specified herein. (Ord. 277, 6- 17 -2003) 7 -2- 5: RECREATIONAL BURNING AND BURN PERMITS: The Fire Chief and /or his authorized representative will administer and regulate recreational fire and open burning permit rules as established by H fire department policies. Failure to obtain the proper permits and /or violations of those rules may be enforced under this code and subject to penalties as defined for a misdemeanor violation. (Ord. 277, 6 -17 -2003) 7 -2- 6: VIOLATION; PENALTIES: A. Unless otherwise stated herein, any person who shall violate any of the provisions of this code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Chief or his authorized representative or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 277, 6 -17- 2003) 7 -2- 7: APPEALS: Whenever the Fire Chief or his /her representative shall disapprove or refuse to grant a permit, or issue an order or notice as provided in the Minnesota State Fire Code or Andover Fire Regulations, or when it is claimed that the code or regulations have been wrongly applied or interpreted, the aggrieving person may appeal the decision of the Fire Chief as follows: (1) The aggrieved person may file a written appeal to the Fire Chief within ten days from the letter, notice or order. (2) The person aggrieved by the decision of the Fire Chief may file a written appeal with the City Administrator. The appeal to the City Administrator must be made within thirty days from the date of the Chief's decision. (3) The person aggrieved by the decision of the City Administrator may file a written appeal with the City Council. The appeal to the City Council must be made within thirty days from the date of the decision of the City Administrator. CI) (4) The person aggrieved by the decision of the City Council may appeal to the State Fire Marshal in accordance with Minnesota Statute Section 299F.011, Subdivision 5. 9 CHAPTER OPEN BURNING SECTION: 7 -3 -1: Definitions 7 -3 -2: Permitted Burning; Conditions 7 -3- 3: Violation; Penalty 7 -3 -1: DEFINITIONS: BURNING PERMIT: A written permit issued and approved by an official of the fire department authorizing fires that are exempt from the general provisions hereof, and setting conditions therefore. Burning permits require an inspection and approval to burn. CONTROL EQUIPMENT: Any device, approved by the Minnesota Pollution Control Agency, which has the function of controlling or abating the emission of air contaminants to the atmosphere. OPEN BURNING: Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through any adequate control equipment. PERSON: An individual, corporation, association, society or firm. RECREATIONAL FIRE: A wood burning fireplace and/or open fire used solely for outdoor enjoyment and /or food preparation. 7 -3- 2: PERMITTED BURNING; CONDITIONS: A. Burning Permitted; Conditions: Open burning of the types and subject to the conditions as hereinafter stated shall be exempt from the prohibition of Section 7 -3 -2 of this chapter: 1. Recreational Fires: a. Recreational fires are allowed, but are subject to the following limitations: b. Hours and Number Of Days: Burning will be allowed from noon (12:00 ) until one o'clock (1:00) A.M. (Monday through Sunday) and Recreational fires will not be allowed for more than three (3) consecutive days at the same property or location. c. Attendant: The fire is always to be attended by a responsible adult who understands the rules for burning and who can also use the extinguishing equipment that must be present. An attendant shall supervise the burning material until the fire has been completely extinguished. Shovels, buckets of water, a fire extinguisher, and a garden hose are considered proper equipment for extinguishment. d. Size: Recreational fires can be no larger than three feet by three feet (3'x 3') in diameter and flames can be no higher than three feet (3'). Fires larger than this requirement are not permitted without an approved permit. e. Fire Ring or Pit: The fire must be contained within a noncombustible "fire ring" and /or pit at least twenty -five feet (26) away from any structure, fence, vehicle, or wildland interface f. Wind Speed: The wind speed must be below ten (10) miles per hour to conduct an open burn. g. Prohibited Starting Materials: Flammable /Combustible liquids shall not be used to ignite any recreational fire. � w—d h. Burning Bans: If a statewide or local burning ban is in effect, all recreational fires shall be prohibited. Those responsible for conducting an open burn shall bare the responsibility to assure the conditions are in favor of burning and not the threat to human life or property damage. i. Materials to Be Burned: Only clean, dried wood (similar to what is burned in a living room fireplace) or charcoal is permitted to be burned. Absolutely no grass, leaves, or brush can be burned. The following are prohibited materials and cannot be burned. (A) Tires, rubber or rubber products. (B) Chemically treated lumber. (C) Railroad ties, telephone poles. (D) Plastic pesticide or herbicide containers. (E) Chemicals of any kind. (F) Plastic liners in seed, feed, or pesticide bags. (G) Any plastic containers or other household waste. (H) Tarpaper, shingles, or other asphalt materials. (1) Insulation. (J) Composition board or sheetrock. (K) Construction materials. (L) Wiring, insulation on wiring, or cable. (M) Hazardous waste (including household hazardous waste). (N) Commercial or institutional structures. (0) Paint or paint filters. (P) Used motor oil or other petroleum -based liquids. 0 (Q) Vehicles, motors, or parts of vehicles or motors. (R) Furniture or appliance (S) Other items or materials as determined by the Fire Chief to not be appropriate. j. Violations of any of the above rules will result in the immediate extinguishment of the fire. These and any other violation of the open burning laws could result in loss of the right to have recreational fires and may result in a citation and /or fee. 2. Managed Fires: Fires under managed supervision, for which a written burning permit has first been obtained from the City Fire Chief where necessary, but limited to the following: a. Fires purposely set for the instruction and training of public and industrial firefighting personnel. b. Fires set for the elimination of a fire hazard that cannot be abated by any other practicable means. (Ord. 237, 11 -4- 1997) c. The burning of trees and brush. The fee for such permit shall be in such amount as set forth in the cities adopted fee schedule. d. Any exemption hereafter adopted by the Minnesota Pollution Control Agency and the Minnesota Department of Natural Resources. B. Liability for Damages: Exemption to conduct a fire or burn under this section does not excuse a person from the consequences, damages or injuries which may result therefrom, nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency, MN Department of Natural Resources, or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. 7 -3- 3: VIOLATION; PENALTY: Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Ord. 237, 11 -4 -1997) LNDOVE • 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 FROM: David Berkowitz, Director of Publyoks/City Eng ineer SUBJECT: Discuss T Squared Storage (ABC Mini Storage) Land Swap Request - Engineering DATE: February 26, 2019 INTRODUCTION T Squared Storage (formally ABC Mini Storage) which is located at 13624 Hanson Boulevard NW is seeking feedback from the City Council if there would be interest to swap land from a City owned parcel for land that would not be needed for their potential site expansion. DISCUSSION T Squared Storage is in the process of purchasing land to the south of their existing facility for expansion. Though the process of laying the site expansion out they have found it difficult to place the additional storage units on the site due to the width of the parcel. They have two options to make it fit, have a zero lot line on the west side or swap property with the City as shown on the attached drawing. The City would give up approximately 4,177 square feet in return for approximately 7,316 square feet of land. The City owned parcel is for a regional storm sewer pond and the only possible change to the property would be if the pond would need to be expanded in the future. By receiving more area than what would be given up, provides a better expansion ability of the pond if needed. If a land swap was to move forward staff recommends as part of the approval that the existing driveway along with the concrete apron be removed, the area be graded and proper vegetation established and concrete curb constructed at the removed entrance. If the land swap is an acceptable option staff would bring this back to a regular scheduled City Council meeting for formal approval. ACTION REQUIRED The City Council is requested to review the request and direct staff on how to proceed. Res ectfully submitted, 1 a- - ��> -ro . David D. Berkowitz Attachments: Land Swap Exhibits / i w 1 � a . I i roe n_o - .. 2Lb K I I I I d <0 ... + 9: �I II I I I I _ G -_ _� -� \_ TO ' �il'tib T D I; f ,316 Sq 1� f I - +0.17 Acres ,177 Sq.Ft. —10 Acre,.,, bw 98-_ --- ---- -- - \ y w w- a i v vv w own ., \ \\ I li ( • I w i . _ • - t 46 40k& - +4 NOTES NO FIELD WORK NAS BEEN PERFORMED AT TNIS TIME. o zs so ( SCAIE IN iFET ) N Z n L rn O•— H w V to 5 en lD za z n w rn� m ;J C O Al O z C m o V Z M,o� ZL'o � ^ way T 15 N M W O L d W H � _m� QY � o X p z v c Q -J = a W U-1 F- 'o M (n V z 3 Fa a a J 3 W O ` n F-�z In u E Q N W > E Q Q a,. r4 m pnm F- VISIONS P �J04 1199w Ot, aamms�R y :.rvw+9 aneea leY i 4ta /l9 MrkeE laY- aR. p33 EEp Ul.wN 9r: C. y ISSUE MTE' +L+w+e ALE NO: OQ� F 1 1 'Sw.Y•ti. "a.,.; a.vw..;.:eW'�NNE�NLC —_._ -- —__— — - -- ' =o i ` ti I I I I I I I I I I f I , I �� II « r. — r• a — » • ► M I J 1 JI 192.13 Ac re A r i t ±96,306 Sq.Ft ±2.11 Acres } iMfxanywe,wd 7k.- I }�f II I Y Ii . 21 ' — easy t.<.p •. » —» _yam-.. _ '..� Sr_ Is r ixt f A �y VA\ li fry „ r 4 . r j16 . n IV, >r � NOTES Z_Q__�_ NO REM WORK NAS BEEN PERFORMED AT TNIS TIME. 0 2550 ( WALE N ELEI j D Z _ >wD �•�TZ >_nD _y zoZ. ¢mf < WU O L Z� C Vw�m� U �To� ZL W D. N T OW L M W C 0 m y W N m Q m N O X Z v Iy W � Q p 0 Z y 7 F m 3 LU Q Z ti O1 M O C N unmin J � V in ^ > UJI 0 Q U rn N V N m REVISIONS t oL0459 Re• cM wmmenn_ Y@ 3. OVW19 R-.W I...a. 6 3. OWlWl9 N Md IdYOY . $;g♦ 5. 6. 3 O WN BY: Ct I5 EMTE: IYIW IB E FlLE NO: XIIX 3yy 9 J k 1 Jr a -- VI .L. L . .I WUWWMV*l ' z._ - 911 —.._ m._ r._ a._ r•— r._ �.— _ - -- _ � T L m L N � 4 II I I \ is II I 1 7" I II II II �I � II I I I I II q I EI .- 114: c i I I ylt ` � �► s s' s`. ate' "�w,a:....1 `• 1MMMU16 .40 11 y ,r• NOTES NO MEW WORK HAS BEEN PERFORMED AT THIS TIME. SCALE IN FELT Z 0 N N M CAW C N ZD Z .. Q W f X � WC LL � Z� C Vw�m 0" V ,0-004, ZL O W ^ W 0_ y a ZM DO �RWNN > M WC 0 0. uj F W M Co M ! N _ .4 O x Z W W m a � a a. 0 zz a g a 3 W Z ti O) M O C N m In J � V f in Z 6 Lij > E QUU o+ m � N d V) REVISIONS 7 1. XI /8419 a. c,ry m�,.menn. { 3. OVM190.wim161 -L 3. OVIV19 RlvX[E by.0 g 4. 5. p' B. OMWX BY: Ct UIWE a.YE' �yiau E FILE NO' M%% 4 f 1 Y 1 I ` ALr ,gel I I I I I s TO CITY TO T SQUARED - J 17,316 Sq q STORAGE t0.17 Acres 4,177 t " I 010 Acres I- -... .. w ____ �9•w�.=.re..— l.__a_a_aa .o a _w _w_..w_a_.�_ —.� N � 4 II I I \ is II I 1 7" I II II II �I � II I I I I II q I EI .- 114: c i I I ylt ` � �► s s' s`. ate' "�w,a:....1 `• 1MMMU16 .40 11 y ,r• NOTES NO MEW WORK HAS BEEN PERFORMED AT THIS TIME. SCALE IN FELT Z 0 N N M CAW C N ZD Z .. Q W f X � WC LL � Z� C Vw�m 0" V ,0-004, ZL O W ^ W 0_ y a ZM DO �RWNN > M WC 0 0. uj F W M Co M ! N _ .4 O x Z W W m a � a a. 0 zz a g a 3 W Z ti O) M O C N m In J � V f in Z 6 Lij > E QUU o+ m � N d V) REVISIONS 7 1. XI /8419 a. c,ry m�,.menn. { 3. OVM190.wim161 -L 3. OVIV19 RlvX[E by.0 g 4. 5. p' B. OMWX BY: Ct UIWE a.YE' �yiau E FILE NO' M%% 4 f 1 Y 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 Administrato Joe Janish, Community Developmen ectorq9 FROM: Stephanie L. Hanson, City Planne SUBJECT: Discuss Future Extension of 141 St Avenue NW - Planning DATE: February 26, 2019 ACTION REQUESTED Consider providing direction to staff regarding the future extension of 141St Avenue NW to the east, providing an additional connection to Prairie Road. DISCUSSION On March 7, 1995 City Council approved the plat known as Crown Point East; in which the east side of 141St Avenue NW has a temporary cul -de -sac. An aerial of the area is attached for your review. As part of the platting process, the cul -de -sac was constructed as a temporary, with the notion that it may connect to Prairie Road once 14122 Prairie Road is split into urban lots. The property owner of 14122 Prairie Road met with City staff to discuss the possibility of subdividing the property to create an additional 2 -3 urban lots. Potential sketches are attached for your review. A discussion between staff and the property owner was the possible extension of 141" Avenue (temporary cul -de -sac) to the east to provide an additional connection to Prairie Road or leaving 141St Avenue NW as a cul -de -sac. Staff is looking for direction from the City Council regarding the future extension of 141St Avenue NW to the east or leaving 141St Avenue NW as a cul -de -sac. ATTACHMENTS: Aerial of Crown Point East/141st Avenue NW Potential Drafts Lot Split )OVER Andover General Mapping Map Date Created: February 20, 2019 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. °ol u� vl ^� 'wNnl y9[IBBBI (902.(9218801 (901- (9[IBWI RaW,R CFCZ Wa.wy, p1Ytr[° '•40 2[12191 0015 1[82(1[2,1 (9[) W9[K[[1[°() 0992K SIf H(LILY[) IW}pry3 tl31JYN' 29W-tR15'B1 <LtHBi 10pP1 LPo9- ia[ISSB) 50[SKU11591 0 Z K<[IXY) ,NL]3YXN NiJ LLMM <J 1: JNOJ ,O1sJYgJ SNOUrinawoar3ar sioAenunS puel feuofssato�d a Sw3£ 'S O °�tlN� � °tl 93JJ qes� „^N le ap14 aV16 * -qaW ,a 4np e tl3NOlC11 I }WILPIISF(91'Ox flXJx aVOa 3NaOq a3tll XYPtl31Ff11� >-l�i1VZ O3sWOtl< '°Nreq W lro °Iq �v„ wlea l° wlwp>a wl w fwlw -4.14 w.'qu +,W N p>.n.>u, ev'1�+•aW :IW vS'ssX mn wILO ue3 euµl SxOlrx3d0A1111Or1 q° Awnv y� Nyl Mvwvi.>awu SMOV913S0NVSNINOI9L,'9x 999339NIrVLLI XII r XrabxL�ltl 391 I � / z / / l •_ / (awnNll u3f to-[°s - rnLL.nnl s[u'ox }WNwx3e uxroJ rYOxr 1lxrwxaN3e 1Ntr4 tl033MLrIW.Sri1X11D1Y Ar11 L 2LH L. i Llll BWLL]IIWSAXM W[ Artl1W]101 W 31n 1. 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L 0X131 .., au II RI .sn Nm0453W SIN343SYi .1nW Wtl3MMIrtlO UNINISS31ua1du 9L "TL'1 T.6 "4Al 'GL � � ILVd dVW ALIN131A siIONI N13Z1533W 5310X30 �� u11r.m0 33v 3310N30 bOESS NW `83AOaNV 1 11111303381 'M'N OVOH 31a1VHd ZZLK - ;0- H1N3W VN10 4NV >IHVW -101_ • I - 1VI93V N11M NVld 1d33NO3 C I T Y O F NDOVE do] 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Discuss Liquor Control Code/Temporary On -Sale Permits February 26, 2019 ACTION REQUESTED The City Council is requested to receive a brief presentation on the current Liquor Control Code related to temporary on -sale permits, discuss and provide direction to City Administration on how to proceed. DISCUSSION City Administration was approached by the Andover Lions Club about the Temporary On -sale 3.2 Percent Malt Liquor license they obtain for the Andover Family Fun Fest. It was brought to my attention the difficulty the distributers have in supplying the 3.2 malt liquor kegs and inquired as to whether the City would consider allowing a temporary on -sale intoxicating liquor license and limit that to just beer and wine. (Attached is a recent Star Tribune article that addresses the 3.2 percent beer production.) Andover City Code related to liquor control does not provide for a temporary on -sale intoxicating liquor license, a City Code amendment would be required to do so. Attached is the Liquor Control Code sections that City Administration will walk through with the Council in the event the Council would like to explore allowing for a temporary on -sale intoxicating liquor license. :ed, More lenient state laws leave Minnesota one of only two 3.2 beer states - StarTribune.com More lenient state laws leave Minnesota one of only two 3.2 beer states By TIM TALLEY ,Associated Press I JANUARY 19, 2019 — 5:OOPM OKLAHOMA CITY — Beer snobs are raising their mugs to a stronger brew in three states that once forbade grocers from selling anything but low - alcohol brands, and the changes could indirectly chill the industry in two others where such regulations remain. Until October, Oklahoma grocery and convenience stores could stock beer with only up to 3.2 percent alcohol content — considerably lower than even leading light beer brands. Liquor stores were able to sell stronger 8.99 percent beer but were prohibited from selling cold beer of any strength Voter - approved changes now allow stronger ales to be sold in Oklahoma grocery and convenience stores. And many of the changes are being adopted this year in the adjoining states of Colorado and Kansas. The beer revolution will leave just hvo states — Utah and Minnesota —where only 3.2 percent beer may be sold in grocery and convenience stores. Beer industry observers say how lawmakers in those states react to the changes could determine whether the future of low -point beer in the U.S is as flat as a week -old lager. Half of the nation's 3.2 beer market was in Oklahoma and an additional 20 percent was in Colorado. "It is a dramatic drop," said Brett Robinson, president of Beer Distributors of Oklahoma, which represents some beer distributors in the state. "In Oklahoma now, beer is just beer. There is no more definition or classification." Oklahoma was the fast of the nation's five 3.2 -beer states to make the switch. That's ironic considering alcohol was illegal until voters repealed statewide prohibition in 1959 —26 years after Prohibition was repealed nationally. "It was a longtime coming," said Lisette Barnes, president of the Oklahoma Beer Alliance, a beer industry trade association. "It's refreshing. I think overwhelmingly people are excited about it. It's been a good thing for both industry and consumers." As the market for "baby beet' continues to shrink, brewers must decide whether it's profitable to continue to make it — a decision that could cause low -point beer supplies to dry up in Utah and Minnesota. Anheuser- Busch, the world's largest beer producer, said it will work to meet the needs of consumers in 3.2 percent beer states even amid declining demand. 'While we will continue to produce 3.2 percent beer, regulatory and legislative changes in Oklahoma, Colorado and Kansas that affect demand for 3.2 percent beer will impact our national production," the company said in a statement in December. But some brewers are already cutting back on their 3.2 percent beer production. Oklahoma City -based craft brewer COOP Ale Works, which distributes in six states, including Oklahoma and Kansas, has discontinued two of its three 3.2 percent brews. "The only reason we produced those other two beers was to have beer in grocery and convenience stores," said Sean Mossman, director of sales and marketing for COOP. "Now that we can sell our more popular styles in the grocery stores, we just don't see any need to continue manufacturing those beers." And selling COOP's flagship beers in grocery stores "has been a boon for us," Mossman said. He said the brewer's business has increased 50 percent in the months since Oklahoma grocers began stocking its stronger beers. New regulations go into effect in Kansas in April, when grocery and convenience stores can start selling beer with an alcoholic content of 6 percent. "Overall, we're very happy about the death of 3.2 beer," he said. "The death of 3.2 beer is good for us." Page 1 of 2 N SUE OGROCNI - ASSOCIATED PRESS Sean Mossman, director of sales and marketing for COOP Ale Works, draws a beer in the COOP taproom in Oklahoma City, Friday, http: / /www. startribune.com/more- lenient- state - laws - could - chill- low - alcohol- beer- market/5... 2/21/2019 More lenient state laws leave Minnesota one of only two 3.2 beer states - StarTribune.com Dwindling supplies of low -point brew is something state regulators have considered. "That's the question we've been facing for a couple of years." said Terry Wood, director of communications for Utah's Department of Alcoholic Beverage Control. "Business decisions may be made that make it just a financial choice for the breweries to stop producing 3.2 beer." Former Minnesota state Rep. Jenifer Loon, who authored legislation that repealed a longstanding ban on Sunday liquor sales in 2017, said regulatory changes in other states will likely force Minnesota lawmakers to consider allowing full- strength beer in grocery and convenience stores. "The market's probably going to control this. Within the foreseeable future, there probably will have to be a change," Loon said. Grocers have expressed support for selling strong beer in the past, but any effort to expand beer sales will probably be met with stiff opposition, she said. "It's been very difficult to kind of drag our liquor laws into the 21st century," Loon said. For now, low -point beer will continue to be produced by the New Belgium Brewing Co., a craft brewery based in Fort Collins, Colorado, spokesman Bryan Simpson said. Production of 3.2 percent comprises just one -half of 1 percent of the brewery's overall production, and the company will shop it exclusively to Utah, Simpson said. "It makes sense for us to do it because we want to have a presence there," Simpson said. He said the company's breweries are already set up to produce low -point beer and "there's really no sense to hit the brakes." Page 2 of 2 http: / /www. startribune. com/more- lenient- state - laws - could - chill - low - alcohol- beer- marketl5... 2/21/2019 TITLE 3 BUSINESS AND LICENSE REGULATIONS Subject Chapter LiquorControl ........................................ ............................... 1 3.2 - Percent Malt Liquor .................... ............................... ---- - - - - -- — 1A Intoxicating Liquor ............................. ..............................1 B Outdoor Parties ................................. ..............................1 C Sale Of Tobacco Related Products ....... ............................... 2 Construction Activities ........................... ............................... 3 Pawnbrokers, Secondhand Goods Dealers And Precious Metal Dealers ...................... ............................... 4 Transient Merchants, Peddlers, Solicitors And Canvassers........................................ ............................... 5 Massage Businesses And Services ...... ............................... 6 Adult Use Businesses ........................... ............................... 7 Vehicle Sales Business ......................... ............................... 8 V CHAPTER 1 LIQUOR CONTROL 3 -1 -1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this article as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this article, the more restrictive shall govern. (Amended Ord. 213, 5 -6 -1997) 3 -1 -2: DEFINITIONS: In addition to the definitions set forth in Minnesota Statutes Chapter 340A, the following words are defined for the purpose of this article: 3.2 PERCENT MALT i IC)I lOR- Any beer, ale, or other beverage made from malt by fermentation and containing not less than one - half of one percent (0.5 %) alcohol by volume. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) BONA FIDE CLUB: An incorporated organization for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of 3.2 percent malt liquor is incidental to and not the major purpose of the club. LICENSE: Shall also include a permit for consumption and display, unless otherwise indicated. LICENSEE: Any person to whom a license has been issued under the provisions of this article. MINOR: Any person under the age established by Minnesota Statutes Section 340A.503. PACKAGE: A sealed or corked container of alcoholic beverage. PERSON: An individual, partnership, association, corporation, or club. U PUBLIC PROPERTY: Land owned by a municipal, county, state or other governmental unit. RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (Amended Ord. 481, 4/3/18) RESTAURANT: Shall have the meaning given to the term by Minnesota Statutes Section 340A.101, Subdivision 25. SALE AND PURCHASE: Include all barters, gifts, sales and any other means used to obtain or furnish alcoholic beverages. (Amended Ord. 235, 8 -5 -1997) SCHOOL: For the purposes of this ordinance, school shall mean a public, private, or charter school providing elementary, middle or high school age curriculums. O CHAPTER 1 LIQUOR CONTROL ARTICLE A. 3.2 PERCENT MALT LIQUOR SECTION: 3 -1 A- 1: License Required; Types Of Licenses 3 -1 A- 2: Ineligibility For License 3 -1 A- 3: Application For License 3 -1 A- 4: Insurance Requirements 3 -1 A- 5: Payment Of License Fee; Refunds 3 -1 A- 6: Investigation Of Applicant; Grant Of License 3 -1 A- 7: Term Of License; Renewals 3 -1 A- 8: Non - transferability Of License Or Location 3 -1 A- 9: Temporary On -Sale License 3- 1A -10: Compliance Checks And Inspections 3- 1A -11: Hours Of Sale 3 -1 A -12: Suspension /Revocation /Civil Penalty 3- 1A -13: Violation; Penalty 3 -1A -1: LICENSE REQUIRED; TYPES OF LICENSES: As part of a commercial transaction, no person (with the exception of wholesalers and manufacturers, to the extent authorized by law) shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, within the city any 3.2 percent malt liquor without first having received a 3.2 percent malt liquor license. The City Council may issue the following types of 3.2 percent malt liquor licenses (Amended Ord. 404, 1- 18 -11): A. On -Sale Licenses: Retail on sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises and shall be issued only to restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of 3.2 malt liquors with the incidental sale of tobacco and soft drinks. B. Off -Sale Licenses: Retail off -sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors in packages for consumption off the premises only. C_.__ Temporary On_Sale Licenses: Temporary on -sale licenses obtained pursuant to this article shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -2: INELIGIBILITY FOR LICENSE: A. On -Sale License; Locations Prohibited: No on -sale license shall be granted for any place within four hundred feet (400') of any public or private school nor within four hundred feet (400') of any religious institution, the measurement being from building corner to building corner. This restriction shall not apply to religious institutions or schools located in the Limited Business, Neighborhood Business, General Business, or Industrial Zoning Districts. (Ord. 301, 10 -5 -2004; Amended Ord. 404, 1/18/11; Amended Ord. 481, 4/3/18) B. Delinquent Taxes Or Assessments: No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. (Amended Ord. 213, 5 -6 -1997) 3 -1A -3: APPLICATION FOR LICENSE: A. Information Required: Any person desiring a license to sell 3.2 percent malt liquor (on -sale or off -sale) shall make application for a license to the City Clerk. The application made to the city shall include the following: (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 1. Name of applicant and date of birth; 2. Representations as to the applicant's character; 3. The business in connection with which the proposed licensee will operate and its location; 4. Whether the applicant is the owner and operator of the business and if not, who is; 5. Whether the applicant has ever used or been known by a name other than his /her name; 6. Kind, name and location of every business or occupation applicant or Dq� 7W, 5 i5 why rs CUtf(n �rovij e -}p k h P hrlao'J prf L, ;() (�5 N spouse has been engaged in during the preceding ten (10) years; and 7. Other such information as the City Council may require from time to time. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 213, 5 -6 -1997) 3 -1A -4: INSURANCE REQUIREMENTS: A. Every application for a 3.2 percent malt liquor license shall be accompanied by evidence of adequate financial responsibility for liability in a form permitted by Minnesota Statutes Section 340A.409, Subdivision 1. This provision shall not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. B. A liability insurance policy shall name the City as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota Statutes. C. The liability policy must provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (10) days' notice to the city, in writing, of that intention. The policy must also provide that any amount paid by the insurance company as a result of a claim will not reduce the coverage available to pay subsequent claims. D. No person may operate any business or conduct any activities requiring a 3.2 percent malt liquor license from the city without having in effect, and evidence on file with the city of, the financial responsibility required by this section. The failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 10 3 -1A -5: PAYMENT OF LICENSE FEE; REFUNDS: Each application for a license shall be accompanied with a receipt from the City Finance Director /Treasurer for payment in full of the required fee for the license'. All fees shall be paid into the General Fund. Upon rejection of any application for a license, the City Finance Director/Treasurer shall refund the amount paid. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -6: INVESTIGATION OF APPLICANT; GRANT OF LICENSE: No 3.2 percent malt liquor license, except temporary licenses, shall be issued until the City Clerk has conducted an investigation of the representatives set forth in the application. All applicants shall cooperate with this investigation. Any false statement or material omission made by the applicant during the course of the investigation shall be grounds for denying or revoking the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code 3 -1A -7: TERM OF LICENSE; RENEWALS: All 3.2 percent malt liquor licenses shall be issued for a period of one year and shall expire on December 31 each year. The fees for licenses are established by ordinance and shall not be prorated'. The application for renewal of any existing license shall be made at least ninety -(90) days prior to the date of the expiration of the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -8: NON - TRANSFERABILITY OF LICENSE OR LOCATION: Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. (Amended Ord. 213, 5 -6 -1997) 3 -1A -9: TEMPORARY ON SALE LICENSE: �-�4 A. Conditions Of License: The City Council may issue temporary on -sale 3.2 W '% percent malt liquor licenses to a bona fide club or charitable, religious, or fig nonprofit organization. These licenses are subject to the following: 1. Application: Submission of a completed application to the City Clerk at 1 least thirty -(30) days in advance of the event for which the license is ��'�, p I requested. \ \� {(IN See section 1 -7 -3 of this code for fees. See subsection 1 -7 -3A of this code. 2. Insurance: Submission of evidence of insurance, with the same coverage limits and provisions as are required for the issuance of an on -sale or off -sale license for an establishment with sales of 3.2 percent malt liquor, of ten thousand dollars ($10,000.00) or more per year. 3. License Fee: Payment of license fee as established by ordinance' 4. Emergency Contacts: Submission of a list of responsible persons who may be contacted immediately in case of an emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statutes Section 473.121, Subdivision 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. 5. Other Conditions: The City Council may impose other reasonable conditions. B. Term Of License: Temporary on -sale 3.2 percent malt liquor licenses may be issued for a specified period of time, not to exceed three (3) consecutive days, unless the approval for an extended time period is granted by the City Council. C. Public Location: These licenses may be issued for an event to take place on public property. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3- 1A -10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 213, 5 -6 -1997) 9 3- 1A -11: HOURS OF SALE: No sale of 3.2 percent malt liquor shall be made between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. Monday through Saturday. Neither shall any sale of such liquor be made on Sunday between the hours of one o'clock (1:00) A.M. and twelve o'clock (12:00) noon. (Ord. 2136, 7 -1 -2003) A. Sales After One O'Clock A.M.; Special License: 1. State Permit Required: No licensee may sell 3.2 percent malt liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. 2. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. 3. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296, 7 -20 -2004) 3- 1A -12: SUSPENSION /REVOCATIOWCIVIL PENALTY: The City Council may either suspend for up to sixty (60) days or revoke any 3.2 percent malt liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon finding that the licensee or agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code; Ord. 21313, 7 -1 -2003) In addition to the remedies and penalties set forth in this article, in the event an establishment fails an alcohol compliance check, the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 213B, 7 -1 -2003) 3- 1A -13: VIOLATION; PENALTY: Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. (Amended Ord. 213, 5 -6 -1997; amd. Ord. 213B, 7 -1- 2003) CHAPTER 1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR SECTION: 3-113- 1: License And Permit Required 3-113- 2: Eligibility And Ineligibility For License 3-113- 3: Application For License Or Permit 3-113- 4: Financial Responsibility 3-113- 5: License And Permit Fee 3-113- 6: Types Of Licenses And Permits; Exemptions 3-113- 7: Investigation Of Applicant; Grant Or Denial Of License 3-113- 8: Expiration Of Licenses And Permits; Renewals 3-113- 9: Non - transferability Of License 3 -1 B -10: Conditions Of License And Permit 3 -1 B -11: Sunday Sales 3 -1 B -12: Minors 3 -1 B -13: Sales To Certain Persons Prohibited 3 -1 B -14: Compliance Checks And Inspections 3 -1 B -15: Suspension Or Revocation Of License; Penalties 3-113-1: LICENSE AND PERMIT REQUIRED: A. License: Except as provided below, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the city. B. Permit: No person who does not hold an on -sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the city. (Amended Ord. 235, 8 -5 -1997) 3 -1B -2: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: 1. Eligible for a license under Minnesota Statutes Section 340A.402; and �U 2. A proprietor of the establishment for which the license is sought. B. No license shall be issued to a person who is: 1. Ineligible under state law; or 2. Not the real party in interest or beneficial owner of the business operated under the license. C. No license shall be issued for any place or any business ineligible for a license under state law. D. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid. E. 1. No on -sale intoxicating liquor or on -sale wine license shall be issued unless the applicant makes a bona fide estimation that at least fifty percent (50 %) of the gross receipts of the establishment during the first year of business will be attributable to the sale of food. Each on -sale intoxicating liquor or on -sale wine licensee shall have the continuing obligation to have at least fifty percent (50 %) of gross receipts from the establishment during the preceding business year attributable to the sale of food. For the purpose of this requirement, establishment shall include the food and beverage portion of a multi -serve establishment. Financial records for food and beverage portion must be maintained separately from the records of the remainder of the establishment. 2. For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages such as ice, soft drink mixes or other mixes. 3. The City Council may require the production of such documents or information including, but not limited to, books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The City Council may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (Amended Ord. 235, 8 -5 -1997) 4. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50 %) of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the City Council may require to increase the sale of food. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) F. No license shall be granted for any place located within four hundred feet (400') of any public or private school nor within four hundred feet (400') of any religious institution, the measurement being from building corner to building corner. This restriction shall not apply to religious institutions or schools located in the Limited Business, Neighborhood Business, General Business or Industrial Zoning Districts. (Ord. 301, 10 -5 -2004; Amended Ord. 404 1118/11; Amended Ord. 481, 4/3/18) 3 -1 B -3: APPLICATION FOR LICENSE OR PERMIT: A. Information Required: Every person desiring a license or consumption or display permit under this article shall file with the City Clerk a verified written application in the form prescribed and approved by the Commissioner of Public Safety of the state. In addition to the information required on the application form prescribed and approved by the Commissioner of Public Safety and information required by any other officer or office of the state, the application made to the city shall include the following: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed licensee will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been known by a name other than his /her name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten (10) years; 7. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 16 8. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten (10) years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a nonalcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; and 10. Whether the applicant or spouse, or parent, brother, sister or child of either of them, has ever been engaged as an employee in operating a saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. 12. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing alcoholic beverages and who is nearer in kin to the applicant or spouse than second cousin, whether of the whole or half - blood, computed by the rules of civil law, or who is brother -in -law or sister -in -law of the applicant or spouse. 13. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner or partners shall be designated. The interest of each partner or partners in the business shall be submitted with the application, and if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes Chapter 333, a copy of the certificate certified by the Clerk of District Court shall be attached to the application. 14. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name and, if incorporated, the state of incorporation. b. A true copy of the certificate of incorporation, articles of incorporation or association agreements. c. The name of the manager or proprietor or other agent in charge of or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. 01) d. A list of all persons who, single or together with their spouse or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 %) or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 15. The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms. 16. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an on sale license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the city, no further plans need to be filed. 17. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the state or city employees in case of emergency. 18. Other information that the City Council deems appropriate. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the license application. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -4: FINANCIAL RESPONSIBILITY: A. Financial Responsibility Required: Every application for a license shall be accompanied by evidence of adequate financial responsibility for liability provided as follows: 1. General Liability Insurance Policy: A liability insurance policy which shall name the City of Andover as an additional insured and shall provide for the minimum coverage as stated in Minnesota Statutes Section 466.04. 2. Liquor Liability Insurance Policy: a. A liability insurance policy imposed by Minnesota Statutes Section 340A.409 which shall name the City of Andover as an additional insured and shall provide for the following minimum coverage: fifty thousand dollars ($50,000.00) for bodily injury to any one person in any one occurrence; one hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one occurrence; and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one occurrence; fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence; and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one occurrence. b. This subsection does not prohibit an insurer from providing the coverage required by this subsection in combination with other insurance coverage. 3. Additional Forms Of Proving Financial Responsibility: The applicant or licensee may substitute one of the following as proof of financial responsibility to the requirements of Subsection A2 of this section: a. A bond of a surety company with minimum coverages as provided in Subsection A2 of this section. b. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). B. Exemptions: This section does not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. C. Cancellation: The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause, except for nonpayment of premium, by the licensee, insurance company, bond company, or State Treasurer without first giving thirty (30) days' notice to the city in writing of the intention to cancel it. A ten (10) day written notice of cancellation shall be required for nonpayment of premium \'J by the canceling party. Such notices must be addressed to the City Clerk. D. Violation; Penalty: No person shall operate any business or conduct any activities requiring a liquor license from the city without having in effect, and evidence on file with the city, the financial responsibility required by this section. Failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -5: LICENSE AND PERMIT FEE: Every applicant for a license or consumption and display permit shall pay to the city a fee set forth by ordinance'. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -6: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On -Sale Licenses: On -sale licenses may be issued only to hotels, clubs, and restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On -Sale Wine Licenses: On -sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14 %) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. See subsection 1 -7 -3A of this code. 3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off -sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the city without first obtaining a permit from the city. (Amended Ord. 470, 6- 20 -17) A. All applications for a license shall be referred to the Anoka County Sheriff's Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriff's Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3 -1 B -5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4- 15 -08) B. Issuance Of License; Hearing Required: No license shall be issued until the City Council has held a public hearing in accordance with the following: B. Exemptions: W�ul(9 heft) 1. Any person holding an on -sale intoxicating liquor license may sell 3.2 }� �fU.IjIJ►` percent malt liquor at on -sale without obtaining a 3.2 percent malt liquor 0 Too nw license as required by the city. . 2. Any person holding an off -sale intoxicating liquor license may sell 3.2 percent malt liquor at off -sale without obtaining a 3.2 percent malt liquor license as required by the city. j `n�Pct. 3 -1 B -7: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriff's Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriff's Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3 -1 B -5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4- 15 -08) B. Issuance Of License; Hearing Required: No license shall be issued until the City Council has held a public hearing in accordance with the following: 1. For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred fifty feet (350') of the proposed location shall be notified at least ten (10) days prior to such hearing. 2. At the public hearing, all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may, at its option, hold a public hearing. (Amended Ord. 235, 8 -5- 1997) C. Grant Or Denial Of License: After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No on -sale wine license, off -sale license, club on -sale license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an on -sale license, the city shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, the expiration date of the license, and the name under which the licensee will conduct the business. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -8: EXPIRATION OF LICENSES AND PERMITS; RENEWALS: Each license, except consumption and display permits, shall expire on December 31 of the year in which it is issued. Consumption and display permits shall expire on March 31 of each year. The application for the renewal of any existing license shall be made at least ninety- (90) days prior to the date of the expiration of the license and shall be made on the form provided by the City Clerk. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -9: NONTRANSFERABILITY OF LICENSE: Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City Council in the same manner as an application for a new license. Transfer of twenty five percent (25 %) or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior City Council approval is grounds for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining City Council approval shall be a separate violation of this article. (Amended Ord. 235, 8 -5 -1997) 3- 1B -10: CONDITIONS OF LICENSE AND PERMIT: Every license is subject to the following conditions, all other provisions of this article, and any other applicable regulations, or state law: A. Responsibility And Liability Of Licensee: Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this article equally with the employee, except criminal penalties. B. Display Of License And Permit: Every license to sell alcoholic beverages and permit for consumption and display must be posted in a conspicuous place in the premises for which it is used. C. Right Of Entry: Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee at reasonable hours without a warrant. D. Certain Federal Stamps Prohibited: No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. (Amended Ord. 235, 8 -5 -1997) E. Hours Of Sales: No sale of intoxicating liquor for consumption on the licensed premises (on -sale) may be made: 1) between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday; or 2) after one o'clock (1:00) A.M. on Sundays except as authorized by an approved Sunday on -sale liquor license. (Ord. 235D, 7- 1 -2003) 1. Sales After One O'Clock A.M.; Special License: a. State Permit Required: No licensee may sell intoxicating liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. b. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. c. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1 :00) A.M. (Ord. 296, 7 -20 -2004) F. Consumption And Presence After Hours: No person shall consume any intoxicating liquor or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty -(30) minutes following the time established by law for cessation of the sale of liquor. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) G. Possession And Consumption In Certain Areas Of Premises: No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. H. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee. Gambling: The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed, and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. J. On -Sale And On -Sale Wine Licenses: 1. Report Of Premises Changes: Persons holding on -sale intoxicating liquor or on -sale wine licenses, in addition to being subject to the requirements of this article, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor city permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this article, resulting in a mandatory minimum civil offense of one hundred dollars ($100.00) per day. 2. Health And Food Handling Requirements: Each on -sale and on -sale wine licensee shall have the continuing obligation to comply with all state and local health and food handling regulations. At the time of application for any new or renewed license, the City Council may review (if deemed necessary) the establishment's health and food handling inspection results. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when inspections reveal the establishment has not achieved passing scores. During the probationary period, the licensee shall take such action as may be required to achieve passing scores, and shall be subject to subsequent inspections for compliance, and shall be subject to other conditions which the City Council may impose. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) K. No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among activities prohibited by this section. (Amended 9 -5 -06, Ord. 332A) 3- 1B -11: SUNDAY SALES: A. Restrictions: On -sale Sunday liquor licenses shall be issued only to hotels, clubs, and restaurants which hold an on -sale intoxicating liquor license only in conjunction with the serving of food and which have facilities for serving at least one hundred (100) guests at one time. (Amended Ord. 235, 8/5/97; amd. 2003 Code) B. Hours: The hours of the sale of intoxicating liquor shall be between eight o'clock (8:00) A.M. on Sundays and two o'clock (2:00) A.M. on Mondays. (Amended Ord. 474, 9/19/17) C. Application For License: An establishment serving intoxicating liquor on Sunday must obtain a Sunday on -sale liquor license from the city in the same manner as applications to sell intoxicating liquor. (Amended Ord. 235, 8/5/97) 3- 113-12: MINORS: A. Presence On Premises For Purchase Or Consumption: It shall be unlawful for any minor to enter any premises licensed for the retail sale of liquor for the purpose of purchasing or having served or delivered to him or her any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for him or her any intoxicating liquor. B. False Representation: It shall be unlawful for any person to misrepresent or misstate his or her age or identity, or the age or identity of any other person, for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any liquor to a minor. C. Possession: It shall be unlawful for a minor to have in his or her possession any liquor with intent to consume the same at a place other than the household of his or her parent or guardian. Possession of liquor at a place other than the household of the minor's parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -13: SALES TO CERTAIN PERSONS PROHIBITED: It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose of, in any manner, either directly or indirectly, any liquor in any quantity, to any minor person, to any intoxicated person, or to any person to whom this is prohibited by Minnesota Statutes Section 340A.503, Subdivision 2. (Amended Ord. 235, 8 -5- 1997; amd. 2003 Code) 3- 1B -14: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -15: SUSPENSION OR REVOCATION OF LICENSE; PENALTIES: A. The City Council may either suspend for up to sixty (60) days or revoke any liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. C. In addition to the remedies and penalties set forth in this article in the event an establishment fails an alcohol compliance check the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 235D, 7 -1 -2003) LIN Db 06 VVE9 I DC) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: December 2018 General Fund Budget Progress Report DATE: February 26, 2019 INTRODUCTION The City of Andover 2018 General Fund Budget contains total revenues of $11,107,238 and total expenditures of $11,532,015; a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2018, reflecting year to date actual through December 2018. The attachments are provided to assist discussion in reviewing 2018 progress; other documents may be distributed at the meeting. Please note the December 2018 report is unaudited, and subject to change. The following represents Administration's directives and departmental expectations that were in place for 2018: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost - effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. ACTION REQUESTED The Council is requested to receive a presentation from staff. submitted, CITY OF ANDOVER General Fund Budget Summary Totals - UNAUDITED Budget Year 2018 2017 2018 REVENUES Budget Dee YTD %Bud Final Budget Dec YTD %Bud General Property Tax S 8,420,354 $ 8,332,634 99% S 8,332,634 $ 8,721,256 $ 8,634,130 99% Licenses and Permits 367,705 546,378 149% 546,378 377,900 562,525 149% Intergovernmental 766,150 793,931 104% 793,931 788,274 829,860 105% Charges for Services 773,950 843,023 109% 843,023 746,700 834,076 112% Fines 100,750 75,287 75% 75,287 90,250 73,719 82% Investment Income 75,000 64,751 86% 64,751 75,000 70,776 94% Miscellaneous 124,300 179,912 145% 179,912 129,300 176,672 137% Transfers In 196,930 196,930 100 % 196,930 178,558 178,558 100% Total Revenues $ 10,825,139 $ 11,032,846 102% S 11,032,846 $ l t 107 238 $ 11,360,316 102° 2017 1 1 2018 EXPENDITURES Budget Dec YTD % Bud Final Budget Dee YTD % Bud GENERAL GOVERNMENT Miscellaneous 781,728 764,875 98% 764,875 261,828 233,440 89% Mayor and Council $ 89,991 $ 84,136 93% $ 84,136 $ 91,298 S 87,813 96% Administration 199,541 187,514 94% 187,514 209,533 198,945 95% Newsletter 26,000 25,287 97% 25,287 26,000 17,770 68% Human Resources 27,913 15,520 56% 15,520 28,431 13,666 48% Attorney 191,360 188,644 99% 188,644 191,360 188,031 98% City Clerk 148,599 147,450 99% 147,450 155,608 149,770 96% Elections 63,881 17,852 28% 17,852 59,781 50,629 85% Finance 268,129 258,883 97% 258,883 278,660 272,851 98% Assessing 150,000 147,914 99% 147,914 154,000 149,040 97% Information Services 180,722 149,513 83% 149,513 180,597 171,637 95% Planning & Zoning 462,212 398,780 86% 398,780 438,827 422,984 96% Engineering 535,715 511,183 95% 511,183 553,765 527,688 95% Facility Management 681,733 509,547 75% 509,547 643,519 497,641 77% Total General Gov 3,025,796 2,642,223 87% 2,642,223 3,011,379 2 748 465 91 PUBLIC SAFETY Miscellaneous 781,728 764,875 98% 764,875 261,828 233,440 89% Police Protection 2,962,551 2,962,551 100% 2,962,551 3,053,526 3,053,526 100% Fire Protection 1,422,522 1,353,209 95% 1,353,209 1,445,914 1,445,167 100% Protective Inspection 446,688 443,712 99% 443,712 462,164 436,789 95% Civil Defense 24,847 16,320 66% 16,320 32,502 18,060 56% Animal Control 5,950 2,544 43% 2,544 5,950 2,809 47% Total Public Safety 4,862 558 4,778,336 98% 4,778,336 5 000 056 4,956,351 99 PUBLIC WORKS Miscellaneous 781,728 764,875 98% 764,875 261,828 233,440 89% Streets and Highways 614,668 597,964 97% 597,964 659,943 656,194 99% Snow and Ice Removal 547,777 449,881 82% 449,881 562,706 599,028 106% Street Signs 215,244 214,540 100% 214,540 219,418 206,890 94% Traffic Signals 37,000 36,152 98% 36,152 37,000 33,857 92% Street Lighting 38,400 27,735 72% 27,735 40,400 32,829 81% Street Lights - Billed 217,500 144,451 66% 144,451 220,500 142,937 65% Park & Recreation 1,275,530 1,207,359 95% 1,207,359 1,311,895 1,282,415 98% Natural Resource Preservation 12,697 6,503 0% 6,503 11,074 5,158 47% Recycling 122,221 169,956 93% 169,956 157,216 199,182 127% Total Public Works 3,081,037 2,854,541 93% 2,854,541 3,220,152 3,158,490 98% OTHER Miscellaneous 781,728 764,875 98% 764,875 261,828 233,440 89% Youth Services 38,600 - 0% - 38,600 8,500 22% Total Other 820,328 764,875 93% 764,875 300,428 241,940 81% Total Expenditures $ 11,789,719 $ 11,039,975 94% S 11,039,975 S 11,532,015 S 11,105,246 96% NET INCREASE (DECREASE) $ (964,580) $ (7,129) $ (7,129) $ (424,777) $ 255,070 T Y OF ) 4VE. 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 January 2019 General Fund Budget Progress Report February 26, 2019 ll INTRODUCTION The City of Andover 2018 General Fund Budget contains total revenues of $11,378,046 and total expenditures of $11,695,493; a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2019, reflecting year to date actual through January 2019. The attachments are provided to assist discussion in reviewing 2019 progress; other documents may be distributed at the meeting. The following represents Administration's directives and departmental expectations that were in place for 2018 and will be in effect for 2019: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost - effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. ACTION REQUESTED The Council is requested to receive a presentation from staff. submitted, Jim CITY OF ANDOVER General Fund Budget Summary Totals Budget Year 2019 2018 2019 REVENUES Budget Jan YTD %Bud Final Budget Jan YTD %Bud General Property Tax $ 8,721,256 $ - 0% $ 8,634,130 $ 9,023,970 $ - 0% Licenses and Permits 377,900 24,189 6% 562,525 384,900 39,072 10% Intergovernmental 788,274 202,514 26% 829,860 787,918 (1,291) 0% Charges for Services 746,700 18,320 2% 834,076 708,700 45,057 6% Fines 90,250 - 0% 73,719 75,250 - 0% Investment Income 75,000 - 0% 70,776 75,000 - 0% Miscellaneous 129,300 6,936 5% 176,672 134,300 5,137 4% Transfers In 178,558 178,558 100% 178,558 188,008 0 0% Total Revenues $ 11,107,238 $ 430,517 4% $ 11,360,316 $ 11378 046 $ 87,975 1 2018 2019 EXPENDITURES Budget Jan YTD % Bud Final Budget Jan YTD % Bud GENERAL GOVERNMENT Mayor and Council $ 91,298 S 32,247 35% $ 87,813 $ 107,751 $ 33,420 31% Administration 209,533 18,855 9% 198,945 215,952 19,647 9% Newsletter 26,000 225 1% I7,770 26,800 4,136 15% Human Resources 28,431 5,768 20% 13,666 28,771 5,729 20% Attorney 191,360 - 0% 188,031 197,041 - 0% City Clerk 155,608 17,207 11% 149,770 163,651 17,573 11% Elections 59,781 1,033 2% 50,629 65,640 1,057 2% Finance 278,660 41,500 15% 272,851 290,752 42,307 15% Assessing 154,000 - 0% 149,040 154,000 - 0% Information Services 180,597 17,372 10% 171,637 187,743 8,993 5% Planning & Zoning 438,827 35,676 8% 422,984 456,887 36,010 8% Engineering 553,765 50,223 9% 527,688 575,968 49,591 9 % Facility Management 643,519 29,164 5% 497,641 660,944 25,960 4% Total General Gov 3,011,379 249 270 8% 2,748,465 3,131,900 244 423 8 PUBLICSAFETY Police Protection 3,053,526 763,382 25% 3,053,526 3,183,610 - 0% Fire Protection 1,445,914 109,417 8% 1,445,167 1,471,101 96,950 7% Protective Inspection 462,164 37,057 8% 436,789 479,543 35,367 7% Civil Defense 32,502 4,099 13% 18,060 29,184 4,092 14% Animal Control 5,950 - 0% 2,809 5,950 - 0% Total Public Safety 5,000,056 913,955 18% 4,956,351 5,169,388 136,409 3% PUBLIC WORKS Streets and Highways 659,943 56,998 9% 656,194 696,225 53,798 8% Snow and Ice Removal 5629706 94,771 17% 599,028 586,375 63,535 11% Street Signs 219,418 14,784 7% 206,890 227,527 14,337 6% Traffic Signals 37,000 - 0% 33,857 39,500 22 0% Street Lighting 40,400 - 0% 32,829 40,400 - 0% Street Lights - Billed 220,500 - 0% 142,937 180,500 - 0% Park & Recreation 1,311,895 95,185 7% 19282,415 1,345,517 97,295 7% Natural Resource Preservation 11,074 261 0% 5,158 14,107 261 2% Recycling 157,216 9,611 8% 199,182 168,626 12,427 7% Total Public Works 3,220,152 271,610 8% 39158,490 3,298,777 241,675 7% OTHER Miscellaneous 261,828 - 0% 233,440 56,828 - 0% Youth Services 38,600 - 0% 8,500 38,600 - 0% Total Other 300,428 0% 241,940 95,428 - 0% Total Expenditures $ 11,532,015 $ 1,434,835 12% $ 11,105,246 $ 11,695,493 $ 622,507 5 NET INCREASE (DECREASE) $ (424,777) $ (1,004,318) $ 255,070 $ (317,447) $ (534,532) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: January 2019 City Investment Reports DATE: February 26, 2019 INTRODUCTION Summary reporting of the City Investment portfolio to the Governing body is a recommended financial practice and often viewed positively by rating agencies. Furthermore, the City of Andover Investment Policy recommends the Finance Director presents to the City Council at least quarterly the type of investments held by the City. DISCUSSION Attached is the Investment Maturities Summary for January 2019 the January 2019 Investment Detail Report, and the January 2019 Money Market Funds Report. These attachments are intended to provide a status report on the January 2019 investments. ACTION REQUESTED Informational, for Council review. Staff will provide a brief presentation and answer questions. El Investment Maturities - January 2019 Total investments Deposits Total cash and investments Credit Investment Type Rating Fair Less Than Money market funds N/A MN Municipal Money Value Market Fund (4M) N/A Certificates of deposit FDIC Local governments A /Al /A2 $ AA /AAl /AA2 /AA3 $ AAA State governments A /A1 /A2 AA /AA 1 /AA2 /AA3 13,160,186 AAA U.S. agencies AAA U.S. agencies N/A Total investments Deposits Total cash and investments Investment Maturities (in Years) Fair Less Than More Than Value 1 1 -5 6 -10 10 $ 255,589 $ 255,589 $ $ $ 10,878,925 10,878,925 - 13,160,186 8,985,208 4,174,978 - 344,028 184,296 59,577 100,155 - 5,935,089 1,530,779 2,728,782 1,574,545 100,984 5,119,720 889,155 3,128,813 778,621 323,131 202,756 - 202,756 - - 930,041 84,836 845,205 465,742 - 465,742 - 11,956,745 5,326,172 6,475,444 155,129 100,000 100,000 - - - $ 49,348,821 $ 28,234,959 $ 18,081,298 $ 2,608,450 $ 424,115 1,526,006 $ 50,874,828 January 2019 Investment Detail Description Cusip Number Credit RatinglF DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value "estPaid Date Acquired Coupon Date Maturity/ Due Date Safra National Bk TCF National Bank 78658Q2Q5 26876 CD 245,000.00 245,000.00 245,000.00 1.950% 244,951.00 maturity 02/28118 02128/18 none none 02127/19 02/28/19 872278X76 28330 CD 245,000.00 245,000.00 245,000.00 245,000.00 1.900% 2.000% 2.350% 244,941.20 244,872.60 maturity Beal Bank SSB Skowhegan Svgs Bk 07370XDZ4 83084FAR2 32574 CD 245,000.00 245,000.00 maturity 04 /11/18 none 04 /10/19 19532 CD 245,000.00 245,000.00 245,000.00 245,044.10 maturity 12/14118 none 04 /15/19 Bank Hapoalim, BM of NY 06251AT42 33686 CD 245,000.00 245,000.00 245,000.00 245,000.00 2.100% 2.050% 244,894.65 244,850.55 maturity 04 /20/18 none 04 /18/19 Bank Baroda New York Berkshire Bk Pittsfield MA 06062RC42 084601NP4 33681 CD 245,000.00 245,000.00 maturity 04/23/18 none 04/23/19 23621 CD 245,000.00 245,000.00 245,000.00 1.950% 244,791.75 maturity 04/24/18 none 04/24/19 Customers Bank 23204HFAl 34444 CD 245,000.00 245,000.00 245,000.00 2.000% 244,759.90 semi - annual semi - annual 02/21118 08/21/18 05/21/19 Banner Bank 06652XFP5 28489 CD 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 1.850% 244,676.60 02/23/18 08/23/18 05/23/19 First Foundation Bk 32026UFSO 58647 CD 245,000.00 2.000% 244,737.85 semi- annual 02/28/18 08/28/18 05/28/19 Ally Bank Midvale Utah 02006LF32 57803 CD 245,000.00 245,000.00 245,000.00 1.200% 243,789.70 semi - annual 06/30/16 12/30/16 07/01119 Barclays Bank 06740KHB6 57203 CD 247,000.00 247,000.00 247,000.00 247,000.00 2.050% 246,612.21 semi- annual 07/03/14 01/02/15 07/02/19 Synchrony Bank JP Morgan Chase Bank NA 87164WBT4 27314 CD 247,000.00 247,000.00 2.050% 246,570.22 semi - annual 07/11/14 01/11/15 07/11/19 48125Y51.4 628 CD 245,000.00 245,000.00 245,000.00 1.100% 243,623.10 quarterly 07/15/16 10/15/16 07/15/19 Fanners & Merchants Banc 3081ONBG0 1895 CD 245,000.00 245,000.00 245,000.00 245,000.00 2.300% 244,899.55 semi - annual 07117/18 01/17/19 07/17/19 BankUnited A Savings 066519FX2 58979 90253 CD CD 245,000.00 245,000.00 2.300% 244,867.70 maturity 07/18/18 none 07/18/19 MountainOne Bank 62452ACG3 245,000.00 245,000.00 245,000.00 2.250% 244,811.35 maturity 07/18/18 none 07/18/19 PrivateBank & Trust Co 74267GUQB 33306 CD 247,000.00 247,000.00 247,000.00 2.000% 246,530.70 semi - annual 07/21/14 01/21/15 07/22/19 Goldman Sachs Bank USA 38147JU59 33124 CD 247,000.00 245,000.00 247,000.00 247,000.00 2.050% 246,478.83 semi- annual 07/23/14 01/23/15 07/23/19 Sallie Mae Bank _ Town Bank 795450895 58177 CD 245,000.00 245,000.00 1.700% 244,098.40 semi - annual 08/09/17 02/09/18 08/09/19 892094CK7 34717 CD 245,000.00 245,000.00 245,000.00 2.300% 244,828.50 maturity 08/30/18 none 08/09/19 First Federal Svgs Bk 32021YCH4 29690 CD 249,000.00 249,000.00 245,000.00 249,000.00 245,000.00 1.500% 248,434.77 monthly 01/21/16 02/21/16 08/21119 Santander Bank NA Valley N/B 80280JRQ6 919853BB6 29950 CD 245,000.00 2.300% 244,777.05 maturity 09/05/18 none 09/05/19 9396 CD 245,000.00 245,000.00 245,000.00 2.350% 244,845.65 maturity 09/06/18 none 09/06/19 Victory Bank 92644LAB8 58615 CD 247,000.00 247,000.00 247,000.00 245,000.00 2.000% 246,281.23 semi - annual 09/24/14 03/24/15 09/24/19 BMO Hams Bk Nall Assoc 05681WA70 16571 CD 245,000.00 245,000.00 2.450% 244,995.10 semi - annual 08131118 09/01118 10/01/19 CommeroeWest Bank N/A 20084TKXO 57176 CD 245,000.00 245,000.00 245,000.00 2.300% 244,691.30 semi - annual 04/25118 10/25/18 10125119 Umpqua Bk Roseburg Ore 90421MBZ5 88413QAW8 17266 30012 CD CD 245,000.00 128,000.00 245,000.00 128,000.00 245,000.00 128,000.00 2.350% 2.000%1 244,772.15 semi - annual 04 /27118 10/27/18 10/28119 Third Federal Sav & Loan 127,578.88 semi- annual 11/24/14 05/24/15 11/25/19 1 Year CD - Premier Bank 1 Year CD - Premier Bank Rochester 1 Year CD - Premier Bank MN 1 Year CD - Premier Bank Celtic Bank Steams Bank NA Compass Bk 1091003210 21714 CD 245,000.00 245,000.00 245,000.00 245,000.00 2.500% 245,000.00 maturity 12/16/18 none none 12/16/19 12116/19 2055214401 3041574901 1091003211 15118RJMO 857894PB9 33202 CD 245,000.00 245,000.00 2.500% 2.500% 245,000.00 245,000.00 maturity 12116/18 33204 CD 245,000.00 275,000.00 245,000.00 245,000.00 maturity 12/16/18 none 12/16/19 CD 275,000.00 275,000.00 2.500% 275,000.00 maturity 12/17/18 none 12/17/19 12120119 57056 CD 247,000.00 247,000.00 247,000.00 2.050% 246,394.85 semi - annual 12/20113 06/20/14 10988 CD 247,000.00 247,000.00 245,000.00 247,000.00 1.000% 246,066.34 semi - annual 12126/14 06/26115 12126/19 20451PVJ2 19048 CD 245,000.00 245,000.00 2.650% 245,257.25 semi - annual 10/11/18 04/11/19 01/13/20 Kearny Bank 48714LAS8 28765 CD 245,000.00 245,000.00 245,000.00 2.750% 245,482.65 semi - annual 12/21/18 06/21119 01/21/20 Elbow Lake MN 284281KC5 A local 170,045.70 170,045.70 165,000.00 2.750% 164,156.85 semi- annual 12108/14 none 12101/19 Oneida County NY 682454382 Al local 22,877.60 22,877.60 20,000.00 6.250% 20,139.00 semiannual 08/16/10 none 04/15/19 Farmington MN 311297W84 AA local 102,787.00 102,787.00 100,000.00 2.000% 100,000.00 semi - annual 07/06/16 none 02/01/19 Rice Cnty MN 762698GKB AA local 45,466.80 45,466.80 40,000.00 4.400% 40,000.00 semi - annual 03/07112 none 02/01/19 Ramsey MN I local 158,677.85 158,677.85 145,000.00 4.500% 145,195.75 semi-annual 02/16/12 04/01/16 04 /01/19 8,985,207.68 CD Description Cusip Number Credit Rating /F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Date Acquired Coupon Date Maturity ) Due Date Orange Beach ALA Cedar Rapids IA Multnomah Cnty OR Sch Dist 1J Minneapolis MN 68406PHF1 AA1 AA1 local 241,689.60 241,689.60 240,000.00 4.400% 240,000 00 200,264.00 semi - annual 08/05/10 02/01/11 02/01/19 150528RM1 local 217,672.00 217,672.00 200,000.00 3.000% semi - annual 06/11/13 12/01113 12/15/17 06/01/19 625517JMO AA1 local 250,000.00 250,000.00 278,632.50 156,100.50 50,559.50 100,000.00 250,000.00 1.450% 248,935.00 semi - annual 08/10/17 06/15/19 60374YS81 AA1 AA2 local local 278,632.50 156,100.50 250,000.00 155,000.00 50,000.00 3.500% 2.000% 2.000% 251,575.00 154,607.85 49,896.00 semi - annual 02/26/13 none 12/01/19 Sioux City iA 829458FC7 semi - annual semi - annual 12122/16 06/27/13 none 06/01/19 Waterloo IA 941647PAl 958522WU4 AA2 AA2 local local 50,559.50 100,000.00 12/01/13 06/01/19 Western Lake Superior MN 100,000.00 3.150% 100,305.00 35,000.00 semi - annual 08/16/11 04/01/12 10101/19 Minnetonka MN ISD #276 604195RA7 AAA local local 37,433.20 37,433.20 35,000.00 3.100% semi - annual semi - annual maturity 12/22/11 none 02/01/19 Palm Beach Cnty FLA Tenn Val Auth Cpn Strip Zero Cpn 696497TR7 AAA 87,444.75 87,444.75 75,000.00 300,000.00 5.898% 75,459.75 297,150.00 07/06/11 12/27113 none none 06/01/19 06/15/19 88059EWZ3 AAA local 262,890.00 262,890.00 Norwalk Conn 668844DS9 AAA AAA local local 122,464.80 122,464.80 120,000.00 4.050% 120,134.40 semi - annual semi - annual semi - annual semi - annual 08/04/10 08/01/11 08/01/19 Greensboro NC 39546OV21 366,832.80 366,832.80 84,864.00 360,000.00 85,000.00 3.263% 1.876% 1.250% 361,411.20 84,835.95 99,904.00 249,862.50 199,802.00 07/15/11 01/26/18 01/07/13 none none 03/04/13 10/01/19 Colorado St Hsg & Fin Auth 196479A82 AA2 state 84,864.00 05101/19 03/04/19 Fed Fans Credit Bank 3133EC5NO 3133EDTU6 AAA US 99,587.00 99,587.00 100,000.00 Fed Fans Credit Bank AAA US 251,285.00 251,285.00 199,654.80 250,000.00 200,000.00 1.700% 1.270% semi - annual semi- annual 07/07/17 06 /16/17 03/04/15 09/06/17 03/04/19 Fed Farm Credit Bank 3133EHLZ4 AAA US 199,654.80 03/06/19 Fed Home Ln Bank _ 3133782M2 AAA US 250,470.00 250,470.00 250,000.00 1.500% 249,757.50 199,736.00 semi - annual 07/07/17 09/08/12 03108/19 Fed Nat Mtg Assn 313 GGlFYO AAA US 200,000.00 200,000.00 200,000.00 1.375% semi - annual 06/22/17 none 03/13119 Fed Home Ln Mtg Corp 3137EADZ9 AAA US 297,417.00 297,417.00 299,700.00 249,035.00 300,000.00 1.125% 299,184.00 semi - annual 12/14/17 10/15116 04115/19 Fed Nall Mtg Assn _ 3135GOK28 3137EADK2 3134G96U6 AAA AAA US US 299,700.00 249,035.00 300,000.00 250,000.00 1.250% 1.250% 299,121.00 248,452.50 semi - annual 07/19/17 10/26/16 04/26/19 Fed Home Ln Mtg Corp semi - annual quarterly 07/07/17 08/23/16 02101/13 08/01119 Fed Home Ln Mtg Corp Mad Tenn Note AAA US 200,000.00 301,065.00 200,000.00 200,000.00 1.050% 198,342.00 11/23/16 08/23/19 09/13/19 Fed Home Ln Bank 313383VN8 AAA US 301,065.00 300,000.00 300,000.00 2.000% 298,989.00 semi - annual 12/07/17 none Fed Farm Credit Bank 3133EGVJ1 3130ACLS1 AAA US 297,300.00 297,300.00 1.160% 297,414.00 semi - annual 12/08/17 none 09/26/19 Fed Home Ln Bank AAA US 248,227.50 248,227.50 294,603.00 250,000.00 300,000.00 1.550% 1.125% 248,255.00 296,997.00 196,370.00 99,115.00 198,002.00 semi- annual semi - annual maturity 01104/18 04 /10/18 07/22/15 04/11/18 10/11/16 none 10/11/19 10/11/19 10/15119 Fed Home Ln Bank 313OA8NRO AAA US 294,603.00 RFCSP Strip Principal Zero Coupon 76116FAA5 AAA US 185,568.00 185,568.00 200,000.00 Fed Natl Mtg Assn 3135GOJ95 AAA US 98,570.00 98,570.00 199,600.00 950,527.00 100,000.00 200,000.00 1,000,000.00 1.350% 1.300% semi - annual semi- annual 02109/18 05/25/16 10/28/16 11/25/16 10/28119 11/25/19 Fed Farm Credit Bank 3133EGBKO 31340OBV4 AAA AAA US US 199,600.00 950,527.00 Fed Home Ln Mtg Corp Zero Cpn 978,820.00 maturity 11102115 none 11129/19 Fed Farm Credit Bank 3133EGFR1 AAA AAA US 223,031.25 223,031.25 225,000.00 1.330% 222,621.75 semi- annual 11/03/17 03/23/18 12/07/17 none 12116/19 Fed Home Ln Bank 313381ND3 US 147,300.00 147,300.00 150,000.00 300,000.00 1.450% 1.500% 148,423.50 297,003.00 semi - annual semi - annual none 07/17/17 01/09120 01117120 Fed Home Ln Mtg Corp 3137EAEE5 AAA US 297,912.00 297,912.00 FICO Strip Cpn Zero Coupon 31358BAA6 US 94,480.00 94,480.00 100,000.00 100,000.00 17,100,445.18 maturity 04/17/15 none 02/01/19 Jefferson Bk & Tr Co 472376AD4 1071 CD 245,000.00 245,000.00 245,000.00 2.450% 244,585.95 semi - annual 04 /11118 10/11/18 04/10/20 CitiBank NA 17312QJ34 7213 CD 245,000.00 245,000.00 245,000.00 2.550% 244,870.15 semi - annual 04/11118 10/11118 04/13120 Discover Bk Greenwood Del 254673NR3 5649 CD 245,000.00 245,000.00 245,000.00 2.500% 244,725.60 semi - annual 04 /11/18 10/11/18 04/13120 Iberia Bank _ 45083AJL7 28100 CD 245,000.00 245,000.00 245,000.00 2.600% 245,022.05 semi - annual 07/12/18 01/11/19 04/13120 _ Bank of America, NA 06051VD37 3510 CD 245,000.00 245,000.00 246,000.00 2.850% 245,722.75 semiannual 12/12/18 06/12/19 06/12/20 Citizens Alliance Bank 17318LAP9 1402 CD 249,000.00 249,000.00 249,000.00 2.000%1 247,672.83 monthly 06/27/14 07/27/14 06/26120 Morgan Stanley Bank NA 61747M3Q2 32992 CD 245,000.00 245,000.00 245,000.00 2.750%1 245,365.05 1 semi- annual 07/12/18 01112/19 07113/20 2,604,229.80 local 84,835.95 state 5,426,171.75 US -ess Than 1 Year Description Cusip Number Credit RatinglF DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity) Due Date Morgan Stanley Private Bank MUFG Union Bank NA 61760AMT3 34221 CD 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 2.750% 245,365.05 semi - annual 07/12/18 07114/18 07/13/20 07117/20 624786CY3 22826 CD 245,000.00 2.600% 244,835.85 semi - annual 07/17/18 01/17/19 Enerbank USA 29266NA31 628779FT2 57293 CD 249,000.00 249,000.00 249,000.00 2.100% 247,030.41 monthly 07/18/14 08118/14 07/20/20 NBT Bank Norwich 7230 CD 245,000.00 245,000.00 245,000.00 2.700% 245,181.30 semi - annual 07/18/18 01118/19 07/20/20 08/28/20 08/28/20 10/13/20 12117120 First Republic Bank 33616CBL3 59017 CD 245,000.00 245,000.00 245,000.00 2.800% 2.650% 245,485.10 245,110.25 semi- annual semi- annual 08/31/18 08/31/18 10/10/18 09/01/18 02/28/19 04/10/19 Merchants State Bank Wax Bk 589227AF4 1125 CD 245,000.00 245,000.00 245,000.00 92937CHY7 34697 CD 245,000.00 245,000.00 245,000.00 245,000.00 3.000% 246,225.00 semi - annual Cit Bank Nag Assn 12556LAT3 58978 CD 245,000.00 245,000.00 3.000% 246,190.70 semi - annual 12117/18 06117/19 First Source Bank Raymond James Bk 33646CKP8 9087 CD 245,000.00 245,000.00 245,000.00 3.150% 246,568.00 semi - annual semi - annual 12/17/18 01/25/19 06/17/19 07125/19 11/17/21 01/25/22 75472RAA9 33893 A3 CD 245,000.00 245,000.00 245,000.00 2.950% 245,022.05 Kaufman TX 486206KR5 local 61,821.00 61,821.00 276,875.00 60,000.00 3.000% 59,577.00 semi - annual 06/28/16 02/15/17 02/15/23 Steams C_o MN 857896MH4 AA+ local 276,875.00 250,000.00 4.500% 250,380.00 semi - annual 04/17/13 none 06/01/20 Hampton VA 4095582J1 AA1 local 100,836.00 100,836.00 100,000.00 2.209% 99,322.00 semi - annual semi - annual 01/20/16 none 04 /01/20 Middleton WI 596782RX2 AA1 local 106,979.00 106,979.00 100,000.00 3.750% 100,103.00 02/24/15 none 09101/20 Bristol VA 110331NT8 AA1 local 251,562.50 251,562.50 250,000.00 3.002% 2.450% 251,520.00 semi- annual 07/05/18 none 10/01/20 Des Moines IA Area Cmnty Col 2500971-121 AA1 local 50,606.00 50,606.00 50,000.00 49,740.00 semiannual 11110/14 12/01/14 06/01/21 Minneapolis MN 60374YG68 AA1 AA2 local 110,419.00 110,419.00 100,000.00 4.700% 100,186.00 semi- annual 10/31/11 none 03/01123 Portsmouth VA 73723RSL8 local 286,268.00 286,268.00 295,000.00 2.400% 294,047.15 semi - annual 07/17/13 02/01114 02/01/20 Ashwaubenon WISch Dist BrunswickCnty 045153FQ1 AA2 local 197,460.00 197,460.00 200,000.00 1.890% 197,878.00 108,067.30 semi- annual 12/18/18 04/01/19 04/01/20 117061VH1 AA2 AA2 local 108,967.10 108,967.10 110,000.00 1.740% semi - annual 08/21/15 none 05/01/20 Fon Du Lac Cnty WI 344442KK3 local 259,715.00 259,715.00 117,817.50 250,000.00 3.250% 251,090.00 semi - annual 03/10/17 none 03/01/21 Adams & Arapahoe Cntys CO 005482W83 AA2 local 117,817.50 115,000.00 3.930% 117,049.30 semi - annual semiannual 07/12118 01/21/15 none none none 12/01/21 _02/01/23 11/01/23 Alexandria MN ISD #206 0151311-46 AA2 local 279,760.50 279,760.50 270,000.00 3.000% 271,134.00 Bangor ME 0600954R4 AA2 local 235,428.00 108,820.00 235,428.00 240,000.00 2.850% 239,889.60 semi - annual 11/21/18 Moorhead MN 6161412R7 AA3 local 108,820.00 100,000.00 3.800% 100,911.00 103,763.00 semi - annual 11/14/11 none 02/01/20 WhitewaterWis 966204KA6 AA3 local 109,541.00 109,541.00 100,000.00 4.850% semi - annual 06/09/11 none 12/01/20 West Bend WI 951428BNO AA3 AA3 local local 97,805.00 97,805.00 100,000.00 1.900% 97,444.00 semi - annual 01/11/18 none 04 /01122 W Palm Beach FL 955116BE7 101,245.00 101,245.00 100,000.00 250,000.00 2.264% 96,258.00 semi - annual 07/05/16 10/01/16 10/01122 Mounds View MN ISD #621 620637V70 AAA local 246,875.00 246,875.00 1.900% 247,930.00 semi - annual 05/16/18 none 02/01/20 Rothsay MN ISD #850 778731AZ2 793028WS6 AAA local 208,640.25 208,640.25 195,000.00 3.000% 197,694.90 semi - annual 07/06/16 none 02101/20 Saint Paul MN Port Auth AAA local 201,806.00 201,806.00 123,037.35 200,000.00 2.000% semi - annual 12/22/16 08/01117 02101/20 Woodbury MN 97913PCQ7 AAA local 123,037.35 115,000.00 3.250% semi - annual semi - annual 12/22/11 none 02/01/20 Dallas TX Incipt Sch Dist 235308QK2 793067CC1 AAA local 116,900.00 116,900.00 100,000.00 4.450% 04 116/12 08/15111 02/15/20 Saint Paul MN Pod Auth AAA local 79,756.80 79,756.80 80,000.00 2.000% P370464414705 semi- annual 01/10/17 09/01/17 03/01/20 Tenn Valley Auth Zero Cpn 88059EHD9 AAA local 263,970.00 263,970.00 300,000.00 maturity 03111/13 none 05/01/20 Salt Lake County UT 795676QL2 AAA local 368,212.50 368,212.50 375,000.00 1.800% semiannual 05/18/18 06/15/13 06/15/20 Tenn Val Auth Cpn Strip Zero Cpn 88059EMX9 AAA AAA local local 88,133.00 175,000.00 88,133.00 100,000.00 95,935.00 maturity 03/18/13 none 07/15/20 McAllen TX Dev Corp 579086AW9 175,000.00 175,000.00 1.400% 171,451.00 semi - annual 07/26/16 02/15/17 08/15120 Indianapolis Ind 45528UGF2 AAA local 251,507.50 251,507.50 250,000.00 2.219% 248,130.00 semi - annual 07/11/17 07/15113 01/15/21 Mounds View MN ISD #621 620637V88 AAA local 378,408.80 378,408.80 385,000.00 2.050% 380,245.25 semi - annual 12120/18 none 02/01/21 Rochester MN 771588RH5 AAA local 254,532.50 254,532.50 250,000.00 3.750% 253,742.50 semi - annual 12/19/18 none 02/01/21 Greenway MN ISD #31 39678LDF6 AAA local 27,593.50 27,593.50 25,000.00 5.000% 25,052.25 semiannual 07/09/13 none 03/15121 Baltimore CMy MD 05914FME7 AAA local 51,290.00 51,290.00 50,000.00 2.097% 49,032.00 semi - annual 08131/16 none 08/01/21 4,174,978.09 CD Description Cusip Number Credit RatinglF DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Date Acquired Coupon Date Maturity/ Due Date New York St Mtge Agy 64988RHG0 AAA AAA AAA local local 100,000.00 100,000.00 100,000.00 40,000.00 2.375% 98,018.00 Tsemi-annual 10127/15 04/01/16 10/01/21 12/01121 11/01/22 Columbus OH OutagamieCntyWl 199492CS6 39,956.40 39,956.40 2.133% 39,238.80 02/20/15 none 05/01118 68990OB98 20772JQN5 local 170,000.00 170,000.00 170,000.00 2.350% 168,011.00 11/07/17 Connecticut State Al state 214,954.00 214,954.00 199,744.00 200,000.00 3.517% 202,756.00 05/27/16 02/15/14 08/15/21 Massachusetts S tate 57582P2T6 AA1 state 199,744.00 200,000.00 2.090% 198,460.00 semi - annual semi - annual 12/17/14 11/01/14 05101/20 Vermont State Hsg Fin Agy 92419RAE2 AA2 state 74,130.75 74,130.75 75,000.00 2.550% 74,531.25 08128118 05/01/18 11101/21 Florida St Hurricane 34074GDH4 AA3 state 279,439.80 100,000.00 279,439.80 270,000.00 2.995% 270,612.90 semi- annual 11/10/15 07/01113 07/01/20 Minnesota St Colleges & Univ 60414FPJ3 AA3 state 100,000.00 100,000.00 2.000% 98,753.00 semi - annual 02/26/15 10101/15 10/01/20 Florida St Dept Environmental 3416OWUAO AA3 state 217,800.00 217,800.00 200,000.00 6.206% 202,848.00 semi - annual 08/30/10 07101/10 07/01/22 Tennessee State 880541QQ3 AAA AAA state state 48,218.85 48,218.85 45,000.00 3.178% 45,412.65 semi - annual 08/30116 02101112 08/01/20 Virginia State 928109XD4 22,126.00 22,126.00 20,000.00 200,000.00 4.100% 2.780% 20,109.80 199,678.00 semi - annual 02107112 none 06/01/21 Kentucky StHsgCorp 49130TSHO AAA state 203,458.00 203,458.00 semi - annual 03/29/17 none 07/01/21 Georgia State 3733842Q8 3130A3XL3 AAA state 204,444.00 204,444.00 200,000.00 2.780% 200,542.00 semi- annual 12/13/16 none 02/01/23 Fed Home Ln Bank AAA US 99,500.00 99,500.00 100,000.00 300,000.00 1.500% 98,864.00 semi - annual 07122/15 08/10/15 02/10/20 Fed Home Ln Mtg Corp Mad Term Note 3134G9ML8 AAA US 294,390.00 294,390.00 1.300% 295,593.00 semi - annual 12/10/18 none 03/16/20 Fed Home Ln Bank 3130AECJ7 AAA US 300,114.00 300,114.00 300,000.00 2.625% 300,546.00 semi - annual 07/12/18 11/28118 05/28/20 Fed Farm Credit Bank 3133EHYM9 AAA AAA US US 294,735.00 200,000.00 294,735.00 300,000.00 1.500% 295,140.00 semi- annual 01/17/19 03114118 09/14/20 Fed Home Ln Mtg Corp Med Tenn Note 3134GBS78 200,000.00 200,000.00 1.500% 197,924.00 semi - annual semi- annual 10/27/17 07/12/18 04/27/18 10/27/20 Fed Farm Credit Bank 3133EJMX4 AAA US 299,475.00 299,475.00 300,000.00 2.680% 300,003.00 11102/18 11102/20 Fed Home Ln Mtg Corp 3137EAEK1 AAA AAA US US 299,193.00 299,193.00 300,000.00 1.875% 296,751.00 semi- annual 12/07/17 05/17118 11/17/20 Fed Farm Credit Bank 3133EJPW3 299,769.00 299,769.00 300,000.00 200,000.00 2.700% 300,882.00 semi - annual 05/21/18 06/21/18 12/21/20 Fed Natl Mtg Assn 3136G4JM6 AAA US 200,000.00 200,000.00 1.850% 197,554.00 semi - annual 12/28/16 06/28/17 12128/20 Fed Home Ln Bank 3130ADG48 AAA US 296,718.75 296,718.75 300,000.00 2.250% 298,041.00 semi - annual 07/10/18 07/29/18 01/29/21 Fed Home Ln Bank 3130ADME9 AAA US 297,516.00 297,516.00 300,000.00 250,000.00 2.375% 299,241.00 semi - annual 07/12/18 08/08/18 02/08/21 Fed Home Ln Mtg Corp Mad Term Note 3134G8KU2 AAA US 246,407.50 246,407.50 1.250% 247,722.50 semi - annual 12104/18 02/26/19 02/26/21 Fed Farm Credit Bank Fed Farm Credit Bank 3133EHCNI AAA US 295,215.00 117,277.20 292,425.00 295,215.00 300,000.00 2.140% 297,498.00 semi- annual 07110/18 09/16/17 03/16/21 3133EFX36 AAA US 117,277.20 292,425.00 120,000.00 1.680% 117,806.40 semi - annual 01/17/19 10/05116 04/05/21 Fed Home Ln Mtg Corp Med Term Note 3134GBP89 AAA US 300,000.00 1.850% 295,794.00 semi - annual 08/07/18 04/26/18 04/26/21 Fed Farm Credit Bank 3133EGAH8 AAA US 288,960.00 288,960.00 300,000.00 1.550% 292,785.00 semi - annual semi- annual semi - annual semi - annual 10/10/18 12/18/18 07/17/18 11/17116 05/17/21 Fed Home Ln Bank 3130A7Z73 AAA AAA US US 153,217.50 153,217.50 155,000.00 1.250% 153,130.70 11/25/16 05/25/21 Fed Home Ln Bank 3130A82B8 294,030.00 294,030.00 300,000.00 1.000% 298,371.00 none 05/25/21 Fed Nag M(q Assn 313500035 AAA US 300,249.00 300,249.00 300,000.00 2.750% 301,710.00 07112/18 12/22/18 06/22/21 Fed Farm Credit Bank 3133EJUN7 AAA US 300,000.00 300,000.00 300,000.00 2.860% 300,006.00 semi - annual 07/16/18 01/16119 07/16/21 Fed Home Ln Bank 3130A8SR5 AAA US 244,531.25 244,531.25 250,000.00 1.000% 1.625% 247,060.00 195,404.00 semi- annual 07/10/18 none 07/27/21 Fed Home Ln Bank 3130ABMN0 AAA US 194,414.00 194,414.00 200,000.00 semi - annual 01/25/19 none 10/07/21 Fed Farm Credit Bank 3133EJPD5 AAA US 299,700.00 299,700.00 300,000.00 2.870% 300,006.00 semi- annual 07/12/18 11/15/18 11115/21 Fed Home Ln Mtg Corp Med Tenn Note 3134GAWP5 AAA US 245,875.00 245,875.00 250,000.00 300,000.00 1.900% 2.500% 247,485.00 300,126.00 semi-annual 12/04/18 02/23/16 11/23/21 Fed Home Ln Mtg Corp Med Tenn Note 3134GSPB5 AAA US 300,000.00 300,000.00 semi - annual 07/02/18 12/28/18 06/28/22 18,081,297.79 Itasca County Minn 105,024.00 465452GP9 A local 105,024.00 100,000.00 5.550% 100,155.00 semi - annual 07/12/11 none 02/01/28 Chaska MN 161663653 AA local 94,191.30 94,191.30 90,000.00 4.000%1 91,178.10 semi- annual 09/08/14 none 02/01/24 Mitchell SD Sch Dist #17-2 606687EHO AA local 116,702.00 116,702.00 100,000.00 6.000%1 101,231.00 1 semi - annual 12/20/11 06/15/19 06/15/24 5,917,172.50 local 1,513,703.60 state 6,475,443.60 US 1 - 5 Years Description Cusip Number Credit Rating /F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Date Acquired Coupon Date Maturity! Due Date Minneapolis MN Ann Arbor Ml Milwaukee CntyWI Duluth MN South Milwaukee WI Will County ILCmntyZero Coupon 60374YG76 AA1 AA1 local 72,201.35 72,201.35 65,000.00 4.800% 65,101.40 semi - annual 12/09/14 none 03/01124 035438CF5 local 262,025.00 262,025.00 250,000.00 5.750% 251,785.00 semi - annual 12/27/17 05/01/19 05/01/27 602245XHO 264438ZL9 AA2 local 254,142.50 254,142.50 250,000.00 5.100% 253,545.00 semi- annual 12/24/18 10/01119 10101/24 AA2 local 29,767.20 29,767.20 30,000.00 2.625% 29,197.50 semi - annual 12/05/12 08101113 02101/25 838855ZV9 AA2 local local 327,798.25 327,798.25 325,000.00 3.350% 328,854.50 semi- annual 01/25/19 04/01/19 10/01126 969078QM9 AA2 159,000.00 159,000.00 500,000.00 353,175.00 maturity 08/25/09 none 11/01/27 Hawkins Cnty TN 420218PL7 AA3 local 111,480.00 111,480.00 100,000.00 4.800% 100,477.00 semi - annual 03/13/12 none 05/01/24 Savage Minn 80465PAN4 AAA local 198,018.00 198,018.00 200,000.00 4.800% 203,386.00 semi- annual 06 /17/10 02101/11 02/01/24 Lake City Minn ISD #813 508084DW7 AAA local 103,933.00 103,933.00 100,000.00 5.000% 101,774.00 semiannual 05/11/11 none 02/01125 Tennessee Valley Auth Ser E 880591CJ9 AAA local 121,500.00 121,500.00 100,000.00 6.750% 123,461.00 100,000.00 semi- annual semi- annual 03/19/09 07/22/11 none none 11101/25 02/01/27 Milaca Minn ISD #912 598699NT9 AAA local 106,941.00 106,941.00 100,000.00 5.650% Ice Deposit - National Sports Center none local 250,000.00 250,000.00 250,000.00 250,000.00 maturity 02/06108 none 01/01/26 Fed Home Ln Bank 3130A8W33 AAA US 39,000.00 39,000.00 40,000.00 2.100% 37,888.40 semi - annual 07/27/17 08/22/17 08/22/25 Fed Farm Credit Bank 31331VLC8 AAA US 106,030.45 106,030.45 100,000.00 5.250% 117,241.00 semi - annual 02/26110 none 04/21/28 2,608,449.90 Van Buren Mich Public Schools 920729HD5 AA1 local 102,750.00 102,750.00 100,000.00 6.430% 100,984.00 semi- annual 07/17/09 11101/09 05/01/29 Anoka - Hennepin MN ISD #11 0363032R5 AAA local 323,613.50 323,613.50 350,000.00 2.550% 323,130.50 semi - annual 01/25/19 none 02/01/30 424,114.60 38,214,307.37 2,453,320.50 local 155,129.40 US 5 -10 Years 424,114.50 local 10+ Years INVESTMENT SCHEDULE - Money Market Funds January 31, 2019 Description Current Market Value YTD Interest Wells Fargo z lWell s Fargo Government Money Market Fund 1 $255,589.001 $7,090.88 4M 114M 1 1,021,743.731 1,888.71 4M PLUS z 4M Plus 8,506.96 16.16 4M PLUS - CIP Bonds z 4M Plus - CIP Bonds 9,848,674.30 18,893.65 Grand Total Money Market Funds I $11,134,513.99 1 $27,889.40 Updated: 2115 12019