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HomeMy WebLinkAboutCC - March 2, 20201685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Monday, March 2, 2020 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/18/20 Workshop; 2/18/20 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Award Bid/19-19, Hills of Bunker Lk. West Park Trail Reconstruction/18-33, Kelsey Round Lake Park Trail Expansion/18-34, Andover Station North Trail Construction — Engineering 4. Approve Amending Bid Date/20-2/2020 Street Reconstruction — Engineering 5. Approve Amending Bid Date/20-14, 2020 Mill & Overlay/Jay Street NW/20-15, 2020 Mill & Overlay/Martin Street NW/20-16, 2020 Mill & Overlay/Woodland Estates 1st & 2nd Additions — Engineering 6. Approve Application for Exempt Permit —Administration 7. Approve Resolution Supporting Infrastructure Accountability —Administration 8. Approve Amendment to City Code, Title 9, Chapter 15/Solar Energy Systems - Building Discussion Items 9. Public Hearing — Vacation of Drainage and Utility Easement — 851 - 138' Ave NW — Anthony Szyplinski — Planning 10. Accept Dedication of Drainage and Utility Easement — Anthony Szyplinski - Planning 11. Consider Repealing City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (current code) and Consider Approving City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (new code with amendments) and Summary Ordinance Publication—Administration 12. Consider Resolution Accepting Resignation and Declaring a Council Member Vacancy—Administration Staff Items 13. Administrator's Report—Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER. MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administral FROM: Michelle Hartner, Deputy City C SUBJECT: Approval of Minutes DATE: March 2, 2020 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: February 18, 2020 February 18, 2020 The minutes are attached for your review. ACTION REQUIRED Workshop Regular The City Council is requested to approve the above minutes. �Respectfully (submitted, Michelle Harmer Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING — FEBRUARY 18, 2020 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, 11 February 18, 2020 at 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Mike Knight, Valerie Holthus, and Jamie Barthel 15 16 Councilmember absent: None 17 18 Also present: City Administrator, Jim Dickinson 19 Community Development Director, Joe Janish 20 Director of Public Works/City Engineer, David Berkowitz 21 Associate Planner, Jake Griffiths 22 Chief Building Official, Fred Patch 23 Others 24 25 26 UPDATE AND DISCUSS SOLAR ENERGY 27 28 Chief Building Official Patch reviewed; previous discussions Council had on solar energy. He 29 stated at the Workshop of January 28, 2020, the Council discussed opportunities to provide for 30 larger ground mounted solar electric installations. He explained the Council consensus was a unit 31 size of up to 1200 square feet on a minimum lot size of 3 acres. The Council also wanted high 32 standards on buffers and aesthetics. Mr. Patch distributed an informational packet which gave a 33 visual of a ground mounted solar energy system with examples of buffers and fencing. Mr. Patch 34 stated it is up to the Building Department to review the screening and aesthetics. If there was 35 conflict in the process, they could appeal to the Andover Review Committee (ARC) or the Council 36 would make the final determination. 37 38 Mayor Trude asked Council for their opinion on examples in the photos. Councilmember Bukkila 39 replied she did not care for a particular photo that showed an array in direct view of a neighboring 40 home. 41 42 Councilmember Barthel stated he did not like the set up at "475" photo adding that only a half - 43 acre of the property is actually usable because the rest is swamp. 44 45 Mayor Trude stated these lots are not in a planned development and at some point, property rights 46 apply. 47 Andover City Council Workshop Meeting Minutes — February 18, 2020 Page 2 1 Councilmember Bukkila stated she would like to see the view impact from adjacent properties to 2 determine how she would feel if she were a neighbor to a solar installation. Councilmember 3 Bukkila stated if there is a view from a neighboring property there should be additional buffering 4 requirements. Mayor Trude added she felt the aesthetics of the solar installation were better than she anticipated. 8 Councilmember Holthus stated each application should be taken individually. 9 10 Mayor Trude asked the Council if screening was the main issue they had. 11 12 Councilmember Bukkila stated the language of the code needs to be clear and unambiguous so in 13 the fixture, it is easy to apply. 14 15 Mr. Dickinson stated the current code allows 400 square feet of ground mounted and requires 16 screening. He stated the issue is going from 400 square feet to 1200 square feet and the breaking 17 point of the lot size to allow expansion, screening is already required in the code. 18 19 Mayor Trude stated she does not mind increasing the solar panel size if the lot has acreage. 20 21 The Council reached consensus of a minimum of a 3 -acre lot size could allow up to 1200 square 22 feet of solar panels, concurring with setbacks proposed by staff. 23 24 Councilmember Barthel stated his only issue is the size of usable land in a 3 -acre lot and is it okay 25 to put this on a lot with those issues where the location of the solar panels is limited. Mr. Patch 26 stated the lot would at a minimum still be required to follow the setback and code if building any 27 accessory structure. 28 29 DISCUSS/CONSIDER CITY CODEAMENDMENT/DOGS & CATS 30 31 Mayor Trude handed out a side-by-side comparison with a list of questions she compiled. Mr. 32 Dickinson presented information from the staff report asking Council to look at the new Animal 33 Control Code with the goal of the public being able to read it, staff being able to interpret it, and 34 the Council being able to follow it as issues arise. Mr. Dickinson asked for feedback from Council 35 if the proposed code is meeting the Council's expectations. 36 37 Mayor Trude referred to her handout comparing the existing ordinance with the proposed 38 ordinance. She thanked Mr. Griffiths for his work on the ordinance. She stated she read through 39 the existing code and the proposed code, evaluating redundancy, readability, and what is not in the 40 ordinance that needed to be there. She asked Council if items from the parks code about leashing 41 a dog should be included in this section so residents can have one policy. 42 43 Council agreed to duplicate items from the parks code into the Animal Control Ordinance. 44 Andover City Council Workshop Meeting Minutes — February 18, 2020 Page 3 1 Mayor Trude stated current code allows verbal control of dogs on trails but not in parks. She stated 2 she is not interested changing the code that permits this. Councilmember Bukkila concurred. 3 4 The Council reached consensus to allow verbal control of dogs on trails that are not located in 5 parks. 6 7 Mayor Trude stated the new code removes basic care provisions and prohibited treatment of dogs 8 but that it is in State Statute and in the City Code. 9 10 Councilmember Bukkila stated it is State Statute and does not need to be repeated. She 11 recommended removing the entire section. Council agreed. 12 13 Mayor Trude discussed muzzling provisions and stated if there was a rabies outbreak, the Mayor 14 could declare a muzzling requirement. She stated it is now moved to nuisance and felt it should 15 stand alone. 16 17 Mayor Trude asked staff to research requirements for notification for dangerous dogs. Mr. 18 Dickinson replied the requirements are listed in State Statute and can be added if Council would 19 like. 20 21 Mayor Trude asked if the title should be changed to Impoundment of Dangerous Dogs. Mr. 22 Dickinson stated staff will ensure the ordinance is consistent with State Statute and if the Council 23 would like to make additional restrictions, they may, but he recommends staying consistent with 24 State Statute. 25 26 Mayor Trude addressed the wording on Abatement and Nuisance Item A that the terms "on any 27 person" and "in accordance with State law" are missing from the new code. Mr. Griffiths replied 28 that State Statute does not limit substantial bodily harm to people and can include animals. He 29 stated that substantial bodily harm has been defined in the definition section. 30 31 Councilmember Bukkila stated the City should be consistent with State Statute. 32 33 Mayor Trude stated she would like the Nuisance Dogs and Potentially Dangerous Dogs sections 34 close together to make it easier for Council to refer to when addressing the issue at Council 35 meetings. 36 37 Councilmember Bukkila stated the code should read for the residents rather than Council. Mr. 38 Dickinson stated staff will look at arranging the ordinance to follow logical order. 39 40 Mayor Trude would like to have a summary sheet at public hearings for easy referral. 41 42 UPDATE/DISCUSS CITY CODE UPDATES 43 44 Mr. Janish stated staff has reviewed several sections of the Zoning Code that require amendments Andover City Council Workshop Meeting Minutes — February 18, 2020 Page 4 to correct issues of consistency, clarity or relevance. These items will go to the Planning and Zoning Commission, but staff wanted to inform Council and get feedback prior to moving forward. Mr. Janish briefly explained the Discharge of Weapons/Hunting Restrictions and Zones Established Code would be changed to remove the 30 -day requirement to bring it into alignment with the DNR regulations. Council supported this change. 7 Mr. Janish stated City Code requires that corner lots are to keep a triangular area of land clear of 8 sight obstructions. He pointed out the area is sometimes referred to as the "Clear View Triangle" 9 and sometimes as the "Sight Triangle". Staff would like to be consistent with the terminology and 10 list it as "Sight Triangle". Council supported this change. Mr. Janish reviewed Section 12-13-22 11 pertaining to Interim Performance Standards. He stated the Interim Performance Standards are 12 intended to be standards for the Hughs/Westview Industrial Park that would be temporary until 13 such time as municipal utilities are extended to the area. He explained the proposed amendments 14 would change Interim Performance Standards to Interim Uses to reflect the eventual expiration 15 (sunset clause) of the uses instead of Conditional Uses which continue with the property. Council 16 supported this change. Mayor Trude asked if the IUP would cover number of bushes and trees. 17 Mr. Janish stated yes and would allow the City to put sunset clause on it. 18 19 Mr. Janish addressed the code pertaining to off-street parking which allows cars to be parked on 20 grass with proper setback. Staff would like to clarify that people can't park on the front lawn 21 regardless of setback. 22 23 Councilmember Holthus stated there are homes with large get-togethers where people would park 24 on gravel. Mr. Janish stated R-1 properties can park on gravel and R-4 properties must be paved. 25 26 Council supported staff's interpretation. 27 28 OTHER BUSINESS 29 30 There was none. 31 32 ADJOURNMENT 33 34 Motion by Bukkila, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting 35 adjourned at 6:52 p.m. 36 37 Respectfully submitted, 38 39 Shari Kunza, Recording Secretary 40 TimeSaver Off Site Secretarial, Inc. 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING —FEBRUARY I8,2020 7 MINUTES 8 9 10 The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie 11 Trude, February 18, 2020, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and Jamie Barthel 15 16 Councilmember absent: None 17 18 Also present: City Administrator, Jim Dickinson 19 Community Development Director, Joe Janish 20 Associate Planner, Jake Griffiths 21 Natural Resources Technician, Kameron Kytonen 22 City Attorney, Scott Baumgartner, 23 Others 24 25 PLEDGE OFALLEG74NCE 26 27 RESIDENT FORUM` 28 No one appeared before the Council. 29 30 AGENDAAPPROVAL 31 32 Motion by Holthus, Seconded by Barthel, to approve the Agenda as presented. Motion carried 33 unanimously. 34 35 APPROVAL OFMINUTES 36 37 January 28, 2020 Workshop: Correct as written. 38 39 Motion by Holthus, Seconded by Barthel, to approve the January 28, 2020 Workshop minutes as 40 presented. Motion carried unanimously. 41 42 February 4, 2020 Regular Meeting: Correct as written. 43 44 Motion by Barthel, Seconded by Knight, to approve the February 4, 2020 Regular meeting minutes 45 as presented. Motion carried unanimously. 46 Regular Andover City Council Meeting Minutes — February 18, 2020 Page 2 1 CONSENT ITEMS 2 3 Item 2 Approve Payment of Claims 4 Item 3 Approve Plans & Specs/Order Advertisement for Bids/20-2/2020 Street Reconstruction 5 (See Resolution R015-20) 6 Item 4 Approve Plans & Specs/Order Advertisement for Bids/20-14,2020 Mill & Overlay/Jay 7 Street NW/20-15, 2020 Mill & Overlay/Martin Street NW/20-16, 2020 Mill & Overlay/ 8 Woodland Estates I" & 2nd Additions (See Resolution R016-20) 9 Item 5 Award Bid/20-1 I/Andover Station North Ball Field Facility/East Field Lighting (See 10 Resolution R017-20) 11 Item 6 Approve 2020 Used Vehicle Sales Business License 12 Item 7 Approve Massage Therapist License 13 Item 8 Receive January 2020 City Investment Reports 14 Item 9 Receive January 2020 General Fund Budget Progress Report 15 Item 10 Receive December 2019 (Pre -Audit) General Fund Budget Progress Report 16 17 Motion by Bukkila, Seconded by Holthus, to approve of the Consent Agenda as read. Motion 18 carried unanimously. 19 20 ANOKA COUNTYSlIERIFF'S OFFICE MONTHL Y REPOR T 21 22 Commander Paul Lenzmeier provided a monthly report for January stating the department 23 responded to 1,223 calls for service including 2 burglaries, 44 thefts, 1 DWI and 3 domestic assault 24 arrests. The Department made 267 traffic stops, 62 written warnings, and 138 citations. In 25 addition, deputies made 4 felony arrests, 3 gross misdemeanor arrests, and 23 misdemeanor arrests. 26 He noted significant events in the month including an overdose and a phone scam. Commander 27 Lenzmeier explained the phone scam used a caller ID listing, the call from the Anoka County 28 Sheriff's Department and informing the resident that she missed jury duty. The resident called the 29 Sheriff's Department and deputies verified it was a scam call. Commander Lenzrneier promoted 30 the Polar Plunge on Saturday, February 22nd at Crooked Lake. 31 32 Councilmember Bukkila noted there were 4 arrests for Criminal Sexual Conduct and asked if it 33 was 1 incident with multiple charges or 4 separate incidents. Commander Lenzmeier did not have 34 the information on hand and would provide follow-up information. Councilmember Bukkila 35 requested that offenses involving drugs be noted on the report as they have previously been. 36 Commander Lenzmeier stated they would. 37 38 CONSIDER AWARD SALE OF BONDS/APPROVE RESOLUTION12020A EQUIPMENT 39 CERTIFICATES 40 41 City Administrator Dickinson stated bonds were sold today for General Obligation Equipment 42 Certificates. Mr. Dickinson introduced Todd Hagen from Ehlers & Associates, the City's Financial 43 Advisor. Mr. Hagen stated the City opened bids for the Sale of Bonds today and the bond was 44 rated AA+. Mr. Hagen announced the City received 6 bids and listed the agencies that provided Regular Andover City Council Meeting Minutes —February 18, 2020 Page 3 1 bids. The low bid was 1.0504% and the high bid was 1.2225%. Mr. Hagen stated all the bids gave 2 the City more money than they asked for which will be used for equipment purchases. Mr. 3 Dickinson stated the City decided to accept the premium because it was very affordable money 4 and was the most efficient action. Mr. Hagen reviewed Standard and Poor's rating of the City's 5 financial condition. 7 Mayor Trude stated the report looks great and highlighted several statements made by Standard 8 and Poor including a very strong economy, growth of the net tax capacity impacted by 9 development, a high end residential based community, and a high per capita income. 10 11 Motion by Barthel, Seconded by Knight, to accept the results and adopt Resolution No. R018-20 12 for the issuance and sale of $1,310,000 General Obligation Equipment Certificates, Series 2020A 13 providing for their issuance and levying a tax for the payment thereof. 14 15 Councilmember Holthus congratulated the Finance Department on the great bond rating report. 16 17 Motion carried unanimously. 18 19 NPDES (NATIONAL POLLUTANT DISCIIARGE ELIMINATION SYSTEM) 20 PRESENTATION & PUBLIC MEETING/20-1 21 22 It was noted the City of Andover is required to comply with the latest NPDES regulations set forth 23 by the Minnesota Pollution Control Agency (MPGA). One requirement as part of this process is 24 to hold a public meeting to receive feedback on the program. 25 26 Natural Resources Technician Kytonen stated this item is an annual opportunity for residents to 27 speak on the City's efforts towards water quality. Mr. Kytonen introduced Emily Johnson, an 28 outreach worker with the Anoka County Conservation District. 29 30 Ms. Johnson approached the Council and stated she is the coordinator of the Anoka County Water 31 Resource Outreach Collaborative. Ms. Johnson gave an overview of the Collaborative whose goal 32 is to provide outreach and engagement to the public on water quality. Ms. Johnson stated the 33 purpose of the Collaborative is to inform communities about issues affecting local waterbodies 34 and groundwater and engage people to make changes to help protect and improve the health of the 35 water. Ms. Johnson stated the Collaborative is guided by the following principles: 1) value for all 36 partners; 2) prioritize activities that result in measurable impacts; 3) create shareable, durable, and 37 applicable work products; and 4) handle countywide outreach activities. Ms. Johnson spoke on 38 the multiple benefits partners of the Collaborate receive. 39 40 Ms. Johnson gave a snapshot of 2019 accomplishments including 27 presentations, booths at 40 41 community events, 15 workshops and trainings, and interaction with thousands of residents. Ms. 42 Johnson stated the Collaborative trained 421 people at workshops and trainings, engaged over 43 1,000 youth by partnering with schools, created outreach materials, and acquired grants for special 44 projects. Regular Andover City Council Meeting Minutes —February 18, 2020 Page 4 Mayor Trude asked if the Bee Friendly Citizens group was active in the grants the Collaborative received. Ms. Johnson stated the group was active in helping with the grant. 4 Councilmember Holthus asked if a collaborative is active in every county or if it was unique to 5 Anoka County. Ms. Johnson stated Anoka County modeled the collaborative after Washington 6 County, and, as far as she knows, those are the only counties with this resource. 7 8 Mayor Trude opened the meeting for residents to comment. No one came forward. 9 10 CONSIDER CONDITIONAL USE PERMIT (CUP) - ON -SALE LIQUOR LICENSE - 13 735 11 ROUND LAKE BLVD. NW, SUITE 105 - MAR GIE' S KITCHEN & COCKTAILS 12 13 Associate Planner Griffiths introduced the application for a CUP for liquor sales in the Shopping 14 Center (SC) District. Mr. Griffiths stated the applicant is proposing to have liquor sales at a new 15 restaurant called "Margie' s Kitchen & Cocktails" located in Suite 105 of the existing Andover 16 Downtown Center. Mr. Griffiths gave a brief history of the property and reviewed the decision - 17 making criteria. 18 19 Mr. Griffiths summarized the recommendation of the Planning and Zoning Commission from the 20 February 11, 2020 meeting. Mr. Griffiths explained the Planning and Zoning Commission held a 21 public hearing and there was one comment submitted expressing concern over the proposed liquor 22 sales. The Planning and Zoning Commission unanimously recommended approval with no 23 members absent. The Planning and Zoning Commission asked staff for clarification on the 24 CUP/Liquor License process and asked for clarification regarding potential outdoor seating areas. 25 The Planning and Zoning Commission also discussed the frequency of police calls at other 26 establishments with liquor licenses, pedestrian and traffic circulation within the site, and the sunset 27 clause of the CUP. 28 29 Mayor Trude stated City Code requires a certain percentage of sales to come from food sales at an 30 Andover establishment. City Attorney Baumgartner read the Code and stated 50% of sales must 31 come from food. 32 33 Councilmember Holthus asked if the other tenants in the shopping mall were notified. Mr. 34 Griffiths replied that all tenants within 350 feet of the property were notified. Councilmember 35 Holthus asked if Anoka -Hennepin School District commented. Mr. Griffith replied the City did 36 not receive a comment from the school district. 37 38 Motion by Knight, Seconded by Bukkila, to adopt Resolution No. R019-20 approving the 39 Conditional Use Permit Request for Liquor Sales Located at 13735 Round Lake Boulevard NW, 40 Suite 105. Motion carried unanimously. 41 42 APPROVE ON -SALE INTOXICATING LIQUOR LICENSE/13735 ROUND LAKE BLVD. 43 NW, SUITE 105 44 Regular Andover City Council Meeting Minutes — February 18, 2020 Page 5 1 City Administrator Dickinson stated this item would normally be on the Consent Agenda, 2 however, due to the CUP requirement, the Liquor License was listed as a regular item agenda. Mr. 3 Dickinson stated the City conducted a background check and it came back satisfactory and staff 4 recommends approval. 6 Motion by Holthus, Seconded by Knight, approving the On -Sale Intoxicating Liquor 7 License/13735 Round Lake Boulevard NW, Suite 105/Margie's Kitchen & Cocktails. 9 Councilmember Barthel noticed a discrepancy on the Liquor License stating that the business's 10 materials state food will be served Monday through Friday from 4:00-10:00 p.m. but the restaurant 11 is not open on Mondays. Mr. Ahlstrom, owner of Margie's Kitchen, stated the business plan is to 12 be closed on Mondays but that may change in the future. Councilmember Barthel asked if the 13 establishment will be closing at 10:00 p.m. Mr. Ahlstrom stated that a 10:00 p.m. closing time is 14 in the current business plan. 15 16 Motion carried unanimously. 17 18 Mayor Trude welcomed Mr. Ahlstrom to the podium for a presentation on his new business. Mr. 19 Ahlstrom stated Margie's Kitchen and Cocktails has been a long-time dream of his. He gave a 20 brief background of his restaurant experience and stated he is happy to be operating in Andover 21 where he has lived for 12 years. He stated Margie's will be an upscale casual restaurant with 175 22 seats. The restaurant will feature refined food such as brick oven pizzas, gourmet burgers, salads, 23 entrees, craft cocktails and craft beer. Mayor Trude asked when the restaurant will open. Mr. 24 Ahlstrom stated construction will start this week and they hope to open in July. 25 26 HEARING TO CONSIDER ORDER OF ABATEMENT - 2143 -140TH LANE NW 27 28 Community Development Director Janish presented the history of complaints and contacts the 29 City has had with the property at 2143 140'h Lane NW. Mr. Janish stated due to past notices and 30 the length of time this matter has gone unresolved, staff would like to perform an abatement of the 31 violating conditions if deemed necessary. Mr. Janish referred to relevant sections of the City Code 32 and photographs from various inspections of the property. Mr. Janish stated staff hopes the 33 property owner will comply, but staff would like the approval of City Council to move forward 34 with abatement if the property owner does not comply. 35 36 Mayor Trude asked City Attorney Baumgartner if the City needs to hold a hearing with the 37 abatement. Mr. Baumgartner stated the City is required to hold a hearing and notices were sent 38 out. Mr. Baumgartner stated the Council may accept staffs presentation and make a decision on 39 the information provided. Mayor Trude asked if the Council should open and close the public 40 hearing as, it appeared the property owner was not in the audience. Mr. Baumgartner stated this 41 was an opportunity for anyone to speak on this issue and a public hearing is in order. 42 43 Mayor Trude invited the audience up for public comment. No one came forward. 44 Regular Andover City Council Meeting Minutes — February 18, 2020 Page 6 Motion by Knight, Seconded by Bukkila, to adopt Resolution No. R020-20 declaring the abatement of exterior storage at 2143 1401h Lane NW. 4 Mr. Baumgartner asked Council if the motion to adopt the resolution is based upon the information 5 in the staff report identifying violations, the time frame laid out, and the fact the property is not in 6 compliance with City Code as stated in the staff report and the resolution. The Council affirmed 7 this as the basis for the Council's action this evening. 9 Motion carried unanimously. 10 11 SCHEDULE MARCH EDA MEETING 12 13 Mr. Dickinson requested the Council schedule a March EDA Meeting to discuss topics as detailed 14 in the staff report. 15 16 Motion by Knight, Seconded by Bukkila, to schedule an EDA meeting on Monday, March 2, 2020 17 at 6:00 p.m. Motion carried unanimously. 18 19 Councilmember Barthel stated he will not be at the Council Meeting on March 2na 20 21 SCHEDULE MARCH COUNCIL WORKSHOP 22 23 Mr. Dickinson requested the Council schedule a March Council Workshop meeting to discuss 24 topics as detailed in the staff report. He listed several options for a meeting. 25 26 Motion by Bukkila, Seconded by Barthel, to schedule a Council Workshop meeting on Tuesday, 27 March 24, 2020 at 6:00 p.m. Motion carried unanimously. 28 29 ADMINISTRATOR'S REPORT 30 31 City Staff updated the Council on the administration and city department activities, legislative 32 updates, updates on development/CIP projects, and meeting reminders/community events. 33 34 (Administrative Staff Report) Mr. Dickinson stated he has been involved in several meetings 35 including the North Metro Mayors Association and Youth First. He reported he has been working 36 on the bond sale and thanked the Finance staff for their work as well. Mr. Dickinson reported 37 there are a dozen new homes this year. He updated the Council on major construction projects 38 including the Public Works expansion, the Community Center and YMCA expansions. Mr. 39 Dickinson reported the Community Center held a large event when the Andover Boys High School 40 Hockey team faced Blaine High School and even though the site was under construction, the event 41 went smoothly. 42 43 (Community Development) Mr. Janish stated the City is receiving many inquiries about 44 development and staff is continuing to work on the 2040 Comprehensive Plan. Regular Andover City Council Meeting Minutes —February 18, 2020 Page 7 MAYOR'S STATE OF THE CITY PRESENTATION Mayor Trude stated she presented a State of the City presentation at the Chamber and would like to share her address with the Community. 6 Mayor Trude stated the City is governed by a five -member Council elected at large. The City has 7 very stable staff and said goodbye to Fire Chief Jerry Streich and welcomed Fire Chief Dennis 8 Jones. Mayor Trude stated the City is growing with a population of 34,000. Mayor Trude 9 highlighted the expansion at Andover High School adding classrooms, auditorium and cafeteria 10 space, gymnasium, and fitness spaces. Mayor Trude stated Andover High School is Nationally 11 ranked by US News and World Report in the top 10% of high schools. She indicated Andover 12 residents are also served by Anoka, Coon Rapids, and St. Francis High Schools. 13 14 Mayor Trude announced 116 new homes built in 2019. She presented information and highlighted 15 several residential developments in Andover including Country Oaks North, T he Villas at 16 Crosstown Woods, Millers Woods, Catchers Creek, Carson Ridge, Preserve at Oak View, The 17 Preserve at Petersen Farms, and senior living at the Estates of Arbor Oaks. 18 19 Mayor Trude welcomed new retail tenants including Sora Pediatric, Domino's, Milk Moms, 20 Conscious Healing, Fitaholic, Canine Crossings, Jon Smith Subs, and Inspire Academy of Music. 21 22 Mayor Trude stated Andover has a growing tax base with over 3.4 billion in taxable market value 23 and a low tax rate. 24 25 Mayor Trude declared the City has a strong outlook for future growth and identified the locations 26 for future residential and commercial development and areas for redevelopment. 27 28 Mayor Trude highlighted several community events including public safety days, Fun Fest, Night 29 to Unite, and the medallion hunt. 30 31 Mayor Trude promoted the growth of the Community Center with the additions of teen and senior 32 space, sports complex (ice and turf), walking track, meeting rooms, and athletic training. She 33 stated the YMCA portion is expanding and adding a new gym, Kids Stuff space, art studio, 34 community room, elevator, reception area remodel and more. She reported the YMCA has 35 approximately 600,000 visitors each year and actively provides scholarships to users. 36 37 Mayor Trude highlighted park projects, the City's commitment to conserving natural resources, 38 and protecting the environment, the number of volunteers, and Andover's Pollinators Awareness 39 Project. 40 41 Mayor Trude announced the WDE clean-up is complete and there is no more hazardous waste 42 stored in Andover. She thanked Representative Peggy Scott and Senator Jim Abler for their 43 support in removing the risk to the community. 44 Regular Andover City Council Meeting Minutes — February 18, 2020 Page 8 1 Mayor Trude stated the Public Works facility is adding space for vehicle maintenance and storage. 2 3 Mayor Trude stated Andover is partly a rural community and has several active farms. 4 5 Mayor Trude announced the North Suburban Home Show on Saturday, March 14, 8:00 a.m. -2:00 6 p.m. at the Andover Community Center. Admission is free and the Boy Scouts are collecting items 7 for the food shelf. 8 9 Mayor Trude stated that things are great in Andover. Andover has a great economy and the fixture 10 is bright. 11 12 AM YORICO UNCIL INPUT 13 14 There was none. 15 16 ADJOURNMENT 17 18 Motion by Barthel, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 19 adjourned at 8:18 p.m. 20 21 Respectfully submitted, 22 23 Shari Kunza, Recording Secretary 24 TimeSaver Off Site Secretarial, Inc. 25 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBURARY l8, 2020 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... I CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims............................................................................................ 2 Item 3 Approve Plans & Specs/Order Advertisement for Bids/20-2/2020 Street Reconstruction (R015 -20)........................................................................ `............................................... 2 Item 4 Approve Plans & Specs/Order Advertisement for Bids/20-14, 2020 Mill & Overlay/Jay Street NW/20-15, 2020 Mill & Overlay/Martin Street NW/20-16, 2020 Mill & Overlay/ Woodland Estates ISt & 2nd Additions (R016-20)............................................................ 2 Item 5 Award Bid/20-1 I/Andover Station North Ball Field Facility/East Field Lighting (R017- 20)..........................................................::........................................................................ 2 Item 6 Approve 2020 Used Vehicle Sales Business License ...................................................... 2 Item 7 Approve Massage Therapist License ......................... ......... ............................... 2 Item 8 Receive January 2020 City Investment Reports .............................................................. 2 Item 9 Receive January 2020 General Fund Budget Progress Report ........................................ 2 Item 10 Receive December 2019 (Pre -Audit) General Fund Budget Progress Report ................ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ............................................... 2 CONSIDER AWARD SALE OF BONDS/APPROVE RESOLUTION/2020A EQUIPMENT NPDES (NA CONSIDER , SUITE 1 0 SCHEDULE MARCH EDA ME] SCHEDULE MARCH COUNCII ADMINISTRATOR'S REPORT. (Administrative Staff Report)......'. (Community Development) ......... MAYOR'S STATE OF THE CII MAYOR/COUNCIL INPUT....... ADJOURNMENT ........................ �) .......t ......... . .................................................... 2 UTANT DISCHARGE ELIMINATION SYSTEM) LIC MEETING/20-1......:: '............................................... 3 PERMIT (CUP) - ON -SALE LIQUOR LICENSE - 13735 dW, SUITE 105 - MARGIE' S KITCHEN & COCKTAILS ......................................................................................... 4 .TING LIQUOR LICENSE/13735 ROUND LAKE BLVD. .'...................::........................................................................ 4 2 OF ABATEMENT - 2143 -140TH LANE NW (R020-20) 5 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councihnembers Nz:� CC: Jim Dickinson, City Admini FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: March 2, 2020 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. DISCUSSION Claims totaling $191,409.70 on disbursement edit list #1 - #3 from 02/19/2020 to 02/28/2020 has been issued and released. Claims totaling $33,563.00 on disbursement edit list #4 dated 03/02/2020 will be issued and released upon approval. BUDGETIMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $224,972.70. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Z Lee Brka Attachments: Check Proof Lists Accounts Payable I Computer Check Proof List by Vendor / CITYnoOlt ' R User: BrendaF- Printed: 02/19/2020- 8:27AM Batch: 00419.02.2020 Invoice No Description Amount Payment Date Acct Number Reference Vendor: KinectEG Kinect Energy Group Check Sequence: 1 ACH Enabled: False 306123/11171502 Conununity Center 14,317.34 02/19/2020 213044000-62015 306123/11171508 Public Works 3,789.67 02/19/2020 0101-41930-62015 Check Total: 18,107.01 Vendor: LRRWMO LRRWMO Check Sequence: 2 ACH Enabled: False Appl Fee 2020 Street Reconstruction 100.00 02/19/2020 4140-49300-63005 Check Total: 100.00 Vendor: LRRWMO LRRWMO Check Sequence: 3 ACH Enabled: False Escrow 2020 Street Reconstruction 1,700.00 02/19/2020 414049300-63005 Check Total: 1,700.00 Total for Check Run: 19,907.01 Total of Number of Checks: 3 AP -Computer Check Proof List by Vendor (02/19/2020 - 8:27 AM) Page 1 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 02/21/2020 - 10:11AM Batch: 00421.02.2020 Invoice No Description Amount Payment Date Acct Number Reference Q • r Vendor: Akerpoor AKER Doors, Inc. Check Sequence: 1 ACH Enabled: False 969654 Service Call to Replace Cables 125.00 02/21/2020 0101-41960-63105 Check Total: 125.00 Vendor: AnkChamb Anoka Area Chamber of Commerce Check Sequence: 2 ACH Enabled: False 26186 Monthly Chamber Luncheon 60.00 02/21/2020 0101-41200-61310 26186 Monthly Chamber Luncheon 20.00 02/21/2020 0101-41100-61310 Check Total: 80.00 Vendor: AnkColO Anoka Cc Highway Check Sequence: 3 ACH Enabled: False 2003-114 2020 Mill & Overlay - Jay St. 75.00 02/21/2020 4140-49300-63005 2003-114 2020 Mill & Overlay - Martin St 75.00 02/21/2020 4140-49300-63005 Check Total: 150.00 Vendor: AnkColO Anoka Cc Highway Check Sequence: 4 ACH Enabled: False 2020 Street Reconstruction 150.00 02/21/2020 4140-49300-63005 Check Total: 150.00 Vendor: AnkHenn Anoka -Henn. Ind. Dist. #11 Check Sequence: 5 ACH Enabled: False 2019-2020 Ticket Sales for 2019 - 2020 Hockey Season 6,869.00 02/21/2020 2130-00000-24213 Check Total: 6,869.00 Vendor: Astlefor Astleford International Trucks Check Sequence: 6 ACH Enabled: False T476710 Bushing for Unit #205 9.15 02/21/2020 6100-48800-61115 Check Total: 9.15 Vendor: Bolton Bolton & Menk, Inc. Check Sequence: 7 ACH Enabled: False 0246315 Coon Crk WM Cross Emer Rpr 298.10 02/21/2020 4110-49300-63005 AP -Computer Check Proof List by Vendor (02/2112020 -10:11 AK Page 1 Invoice No Description Amount Payment Date Acct Number Reference 0246318 Litt Station #10 Improvements Check Sequence: 10 Check Total: Vendor: Boyer -Tru Boyer Trucks 902317 Parts for Unit #206 25.00 Check Total: Vendor: Centerpt CenterPoint Energy 11078651-4 1900 Veterans Memorial - Vehicle Maint 0101-41920-62030 Check Total: Vendor: CenLink CenturyLink 763 754-6713 Subway @ Community Center 763 755-0776 Comm Center Service 763 755-0776 Fire Department Service 763 755-0776 Public Works Service 763 755-0776 City Hall Service Check Total: Vendor: CintasGK Cintas Corp - Cintas Loc #16K 4039339479 Uniform Cleaning 4039339479 Uniform Cleaning 4039339479 Uniform Cleaning 4039339479 Uniform Cleaning 4039339479 Uniform Cleaning 4039339479 Uniform Cleaning 4042867577 Uniform Cleaning 4042867577 Uniform Cleaning 4042867577 Uniform Cleaning 4042867577 Uniform Cleaning 4042867577 Uniform Cleaning 4042867577 Uniform Cleaning 45.45 Check Total: Vendor: CorvalCo Corval Constructors, Inc 858933 Repair Boiler#2 Check Total 635.50 02/21/2020 4120-49300-63005 933.60 Check Sequence: 8 ACH Enabled: False 94.16 02/21/2020 6100-48800-61115 94.16 Check Sequence: 9 ACH Enabled: False 5,596.96 02/21/2020 4303-49300-62015 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 2 Check Sequence: 10 ACH Enabled: False 54.31 02/21/2020 2130-44100-62030 25.00 02/21/2020 2130-44000-62030 25.00 02/21/2020 0101-41920-62030 24.99 02/21/2020 0101-41930-62030 24.99 02/21/2020 0101-41910-62030 154.29 Check Sequence: 11 ACH Enabled: False 21.98 02/21/2020 6100-48800-61020 44.00 02/21/2020 5200-48200-61020 22.01 02/21/2020 5100-48100-61020 66.02 02/21/2020 0101-45000-61020 22.01 02/21/2020 0101-43300-61020 154.04 02/21/2020 0101-43100-61020 45.45 02/21/2020 5200-48200-61020 22.74 02/21/2020 5100-48100-61020 68.19 02/21/2020 0101-45000-61020 22.74 02/21/2020 0101-43300-61020 159.12 02/21/2020 0101-43100-61020 22.71 02/21/2020 6100-48800-61020 671.01 Check Sequence: 12 ACH Enabled: False 279.00 02/21/2020 2130-44000-63105 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Dalco Dalco Check Sequence: 13 ACH Enabled: False 3567549 Squeegee Blades, Disinfectant & Can Liners 401.54 02/21/2020 2130-44000-61020 Check Total: 401.54 Vendor: DehnOil Dehn Oil Company Check Sequence: 14 ACH Enabled: False 68621 Diesel Fuel 3,439.37 02/21/2020 6100-48800-61050 68622 Unleaded Fuel 1,322.75 02/21/2020 6100-48800-61045 Check Total: 4,762.12 Vendor: ecm ECM Publishers, Inc. Check Sequence: 15 ACH Enabled: False 756366 Monthly Recycling Program 260.00 02/21/2020 0101-46000-63025 759123 Hills Bunker Lk W Pk Trail Rec 127.50 02/21/2020 4150-49300-63025 759123 ASN Trail Connection 127.50 02/21/2020 4170-49300-63025 759123 Kelsey RLP Trail Expansion 127.50 02/21/2020 4150-49300-63025 759124 Ordinance No. 501 95.63 02/21/2020 0101-41600-63025 Check Total: 738.13 Vendor: EduTmin Education & Training Services Check Sequence: 16 ACH Enabled: False Registration for Conference 249.50 02/21/2020 5100-48100-61315 Registration for Conference 249.50 02/21/2020 5200-48200-61315 Check Total: 499.00 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 17 ACH Enabled: False 6-1556708 Brake Cleaner 85.92 02/21/2020 6100-48800-61020 Check Total: 85.92 Vendor: Fastenal Fastenal Company Check Sequence: 18 ACH Enabled: False MNTC8184249 Misc. Supplies 113.48 02/21/2020 510OA8100-61005 Check Total: 113.48 Vendor: F1etPrid F1eetPride Truck & Trailer Parts Check Sequence: 19 ACH Enabled: False 45620410 Parts for Unit #205 1,835.68 02/21/2020 6100-48800-61115 Check Total: 1,835.68 Vendor: ForceAm Force America Distributing LLC Check Sequence: 20 ACH Enabled: False 001-1415826 Parts for Unit #203 1,026.35 0221/2020 6100-48800-61115 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 4 Check Total: 1,026.35 Vendor: Fmttalo Frattakme's Hardware Ste Check Sequence: 21 ACH Enabled: False 37802 Pans for Unit #16-209 22.46 02/21/2020 6100-48800-61115 37816 Roller Covers 15.57 02/21/2020 0101-43100-61020 37821 Tmfuel 4 -Cycle 94.95 02/21/2020 0101-42200-61005 37889 Parts for Unit #205 42.91 02/21/2020 6100-48800-61115 37978 Velcro for Sign Department 30.99 02/21/2020 010143300-61030 37979 Returned Velcro for Sign Department -28.71 02/21/2020 0101-43300-61030 37980 Velcro for Sign Department 17.71 02/21/2020 010143300-61030 37993 Ice Melt 31.98 02/21/2020 0101-42200-61005 Check Total: 227.86 Vendor: FreedFen Freedom Fence Inc. Check Sequence: 22 ACH Enabled: False 1155 New Ties on City Renks North & South Ends 225.00 02/21/2020 010145000-63005 Check Total 225.00 Vendor: MESABI H & L Mesabi, Inc. Check Sequence: 23 ACH Enabled: False 05130 Carbide Blade for Unit #11-111A 533.12 02/21/2020 610048800-61115 05751 Carbon Plow Blades 312.00 02/21/2020 0101-43200-61105 Check Total: 845.12 Vendor: Hawkins2 Hawkins Inc Check Sequence: 24 ACH Enabled: False 4657826 Chemicals for Water Treatment Plant 5,485.77 02/21/2020 5100-48100-61040 Check Total: 5,485.77 Vendor: Here U Herc-U-Lift Check Sequence: 25 ACH Enabled: False W447326 PerformAnnual Inspection 150.36 02/21/2020 2130-44000-63010 Check Total: 150.36 Vendor: InterBat Interstate All Battery Center Check Sequence: 26 ACE Enabled: False 1901201008674 Battery for Unit #4828 154.95 02/21/2020 6100-48800-61115 Check Total: 154.95 Vendor: LittleFa Little Falls Machine, Inc. Check Sequence: 27 ACH Enabled: False 357705 UBS Pivot Shaft for Unit #11-207 143.72 02/21/2020 6100-48800-61115 357957 Misc. Parts for Stock 253.30 02/21/2020 6100-48800-61115 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 5 Check Total: 397.02 Vendor: LOCATO Locators & Supplies, Inc. Check Sequence: 28 ACH Enabled: False 0282157 -IN Tool 766.78 02/21/2020 0101-43100-61205 0282157 -IN Mirror Lens & Safety Glasses 275.54 02/21/2020 0101-43100-61005 Check Total: 1,042.32 Vendor: Loes Lee's Oil Company Check Sequence: 29 ACH Enabled: False 83136 Recycled Anti -Freeze & Oil Filters 75.00 02/21/2020 010146000-63010 Check Total: 75.00 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 30 ACH Enabled: False P03015 Parts for Unit #12-4825 185.03 02/21/2020 6100-48800-61115 Check Total: 185.03 Vendor: Matsche Timothy Matsche Check Sequence: 31 ACH Enabled: False 2019-2020 2019- 2020 High School Hockey Announcer 1,350.00 0221/2020 2130-44300-63005 Check Total: 1,350.00 Vendor: Menards Menards Inc Check Sequence: 32 ACH Enabled: False 19937 Tarp, Chip Brush & Step Wax & Dry 18.92 02/21/2020 0101-43100-61020 20488 Misc. Supplies 24.31 02/21/2020 0101-41920-61120 20496 Misc. Supplies for Street Signs 177.27 02/21/2020 0101-43300-61030 20828 Batteries 27.96 02/21/2020 2130-44000-61020 Check Total: 248.46 Vendor: MNEqugm Minnesota Equipment Check Sequence: 33 ACH Enabled: False P12427 Relay for Unit #09-589 & Relays for Stock 116.67 02/21/2020 6100-48800-61115 P12428 Parts for Unit #09-589 93.98 0221/2020 6100-48800-61115 Check Total: 210.65 Vendor: NoSuburb North Suburban Rental Center Check Sequence: 34 ACH Enabled: False 503932 Tool Rental for Woodland Creek Bridge 73.44 02/21/2020 0101-45000-62200 Check Total: 73.44 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 35 ACH Enabled: False 3253-463819 Retnrned Terminal -7.49 02/21/2020 6100-48800-61020 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 3253-465743 Fuel Filter & FueVWTR Sep 43.72 02/21/2020 6100-48800-61115 3253-466001 Fuel Filter & Fuel/WTR Sep 85.43 02/21/2020 6100-08800-61115 3253-466007 Misc. Supplies 35.06 02/21/2020 610049800-61020 3253-466174 Battery for Unit #05-09 133.71 02/21/2020 6100-48800-61115 3253-466175 Misc. Supplies 306.72 02/21/2020 6100-48800-61020 3253-466994 Tools 129.99 02/21/2020 6100-48800-61205 3253-467182 Shop Tools 36.97 02/21/2020 6100-48800-61205 Check Total: 764.11 Vendor: OmarmBro Omann Contracting Companies, Inc. Check Sequence: 36 ACH Enabled: False 28466 Coon Crk WM Cross Emer Rpr 2,575.00 12/31/2019 4110-49300-63010 Check Total: 2,575.00 Vendor: OxySvcCo Oxygen Service Company Check Sequence: 37 ACH Enabled: False 08322273 Faceshield 29.26 02/21/2020 6100-48800-61025 Check Total: 29.26 Vendor: PartiBou Parties That Bounce, LLC Check Sequence: 38 ACH Enabled: False 551 Castle & Slide Rental Oct - Dee 2019 435.00 12/31/2019 2130-44400-63005 Check Total: 435.00 Vendor: PattonJa Jason Patton Check Sequence: 39 ACH Enabled: False 2019-2020 High School Hockey Penalty Box & Clock 547.00 02/21/2020 2130-44300-63005 Check Total: 547.00 Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 40 ACH Enabled: False 6554673 Pest Control 72.52 02/21/2020 2130-44000-63010 Check Total: 72.52 Vendor: PreCise PreCise MRM LLC Check Sequence: 41 ACH Enabled: False 200-1024678 IX -84-0 ELD with AT&T Sim 218.98 02/21/2020 5200-48200-63005 Check Total: 218.98 Vendor: R&RBrake R & R Suspension Check Sequence: 42 ACH Enabled: False 7110 Labor to Repair Unit#198 300.00 02/21/2020 610048800-63135 7110 Parts to Repair Unit #198 565.00 02/21/2020 6100-48800-61115 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 7 Check Total: 865.00 Vendor: Reg 7AA Region 7AA Check Sequence: 43 ACH Enabled: False Boys Section 7AA Hockey Playoffs 02/18 3,066.00 02/21/2020 2130-44300-55530 Check Total: 3,066.00 Vendor: RelAuto Reliable Auto Collision Experts, Inc Check Sequence: 44 ACH Enabled: False 20148 Repairs on 06 Chev Silverado K3500 Track 10,943.88 12/31/2019 6200-48900-63135 Check Total: 10,943.88 Vendor: RepSvices Republic Services #899 Check Sequence: 45 ACH Enabled: False 0899-003502671 February 2020 Recycling Service 7,237.02 02/21/2020 0101-46000-63010 Check Total: 7,237.02 Vendor: RESPEC RESPEC Check Sequence: 46 ACH Enabled: False INV -0120-219 2020 On Site Support 811.00 02/21/2020 4140-49300-63005 INV -0120-219 2020 On Site Support 556.00 02/21/2020 2210-41600-63005 INV -0120-219 2020 On Site Support 54.00 02/21/2020 2220-41600-63005 INV -0120-219 2020 On Site Support 773.00 02/21/2020 2250-41600-63005 INV -0120-219 2020 On Site Support 811.00 02/21/2020 5100-48100-63005 INV -0120-219 2020 On Site Support 811.00 02/21/2020 5200-48200-63005 INV -0120-219 2020 On Site Support 394.00 02/21/2020 5300-48300-63005 Check Total: 4,210.00 Vendor: RosenNM Rosenbauer Minnesota LLC Check Sequence: 47 ACH Enabled: False 0000038457 Auto Eject Super Kussmaul - Unit #4800 399.04 02/21/2020 6100-48800-61115 Check Total: 399.04 Vendor: S&SInd S & S Industrial Supply Check Sequence: 48 ACH Enabled: False 308665 PW Veh Maint/Cold Storage/Site Wk 288.15 02/21/2020 4303-49300-65600 308810 Shop Supplies 25.58 02/21/2020 6100-48800-61020 Check Total: 313.73 Vendor: StarTri2 Star Tribune Check Sequence: 49 ACH Enabled: False 10962115 03/08/20 - 04/05/20 IPad Subscription 20.92 02/21/2020 0101-41200-61320 Check Total: 20.92 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Vendor: StmndTy Tyler Strand Check Sequence: 50 ACH Enabled: False 2019-2020 High School Hockey Score Clock 531.00 02/212020 2130-44300-63005 Check Total: 531.00 Vendor: Timesave Timesaver Check Sequence: 51 ACH Enabled: False M25433 City Council Meeting 438.00 02/21/2020 0101-41100-63005 Check Total: 438.00 Vendor: TCFilter Twin City Filter Service, Inc. Check Sequence: 52 ACH Enabled: False 0674178 -IN Filters 586.68 02/21/2020 2130-44000-61020 Check Total: 586.68 Vendor: UnigPavi Unique Paving Materials Cc Check Sequence: 53 ACH Enabled: False 50086 Cold Patch Mix 135.00 0221/2020 0101-43200-61105 50139 Cold Patch Mix 207.90 0221/2020 0101-43200-61105 Check Total: 342.90 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 54 ACH Enabled: False 407404607 Ricoh Copier Lease @ Public Works 140.50 02/21/2020 0101-41930-62200 Check Total: 140.50 Vendor: Ver -Tech Ver -Tech Labs Check Sequence: 55 ACH Enabled: False INV000022784 Misc. Supplies 72.80 0221/2020 610048800-61020 Check Total: 72.80 Vendor: Verizon Verizon Wireless Check Sequence: 56 ACH Enabled: False 9848281239 Monthly Cell Phone Service 61.65 02/21/2020 010141200-62030 9848281239 Monthly Cell Phone Service 218.97 0221/2020 010142300-62030 9848281239 Monthly Cell Phone Service 127.95 02/21/2020 213044000-62030 9848281239 Monthly Cell Phone Service 75.88 02/21/2020 010141500-62030 9848281239 Monthly Cell Phone Service 351.26 02/21/2020 0101-41600-62030 9848281239 Monthly Cell Phone Service 56.65 02/21/2020 0101-41400-62030 9848281239 Monthly Cell Phone Service 297.96 02/21/2020 010142200-62030 9848281239 Monthly Cell Phone Service 95.66 02/212020 0101-41420-62030 9848281239 Monthly Cell Phone Service 499.38 02/212020 010145000-62030 9848281239 Monthly Cell Phone Service 93.83 02/21/2020 520048200-62030 9848281239 Monthly Cell Phone Service 68.02 02/21/2020 010143300-62030 9848281239 Monthly Cell Phone Serviced 219.94 02/21/2020 010143100-62030 AP -Computer Check Proof List by Vendor (02/21/2020 - 10:11 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 9848281239 Monthly Cell Phone Service 131.89 02/21/2020 6100-48800-62030 9848281239 Monthly Cell Phone Service 274.97 02/21/2020 5100-48100-62030 9848281239 Monthly Cell Phone Service 42.65 02/21/2020 0101-41910-62030 Check Total: 2,616.66 Vendor: WuMgmt2 Waste Management -Blaine Check Sequence: 57 ACH Enabled: False 8477509-0500-6 01/20 Garbage Service - City Hall 151.31 02/21/2020 0101-41910-62020 8477518-0500-7 PW Garbage Disposal 754.96 02/21/2020 0101-46000-62020 8477518-0500-7 PW Garbage Disposal 171.58 02/21/2020 0101-45000-62020 8477518-0500-7 PW Garbage Disposal 217.34 02/21/2020 0101-41930-62020 8477522-0500-9 01/20 Garbage Service - FS #2 112.43 02/21/2020 0101-41920-62020 8477523-0500-7 01/20 Garbage Service -FS #1 111.78 02/21/2020 010141920-62020 8478169-0500-8 02/20 Garbage Service - FS #3 184.99 02/21/2020 0101-41920-62020 Check Total: 1,704.39 Vendor: WltmerAS Witmer Public Safety Group, Inc. Check Sequence: 58 ACH Enabled: False E1927015 Misc. Supplies 7.99 02/21/2020 0101-42200-61020 Check Total: 7.99 Vendor: WruckSew Wrack Sewer and Portable Rental Check Sequence: 59 ACH Enabled: False 4287 Portable Toilet Rental @ Ice Rinks 540.00 02/21/2020 0101-45000-62200 Check Total: 540.00 Vendor: Wunderli Wunderlich-Malec Engineering Check Sequence: 60 ACH Enabled: False 63082 ASN BF Fac & E Field Lighting 2,160.00 02/21/2020 4150-49300-63005 Check Total: 2,160.00 Vendor: YMCAAnc YMCA of Greater Twin Cities - Andover Check Sequence: 61 ACH Enabled: False YMCAAquatics Field Trip for Vogue 600.00 02/21/2020 2130-00000-24201 Check Total: 600.00 Total for Check Run:. 76,683.75 Total of Number of Checks: 61 AP -Computer Check Proof List by Vendor (02121/2020 -10:11 AM) Page 9 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 02/27/2020 - 11:54AM Batch: 00425.02.2020 Invoice No Description Amount Payment Date Acct Number ND Y OF Reference Vendor: AFLAC AFLAC Check Sequence: 1 ACH Enabled: False 750136 February 2020 Premium 691.92 02/28/2020 0101-00000-21209 Check Total: 691.92 Vendor. CedMFrid Cedar Management, Inc Check Sequence: 2 ACH Enabled: False AN Labor/Parts January 2020 Labor & Parts 95.87 02/28/2020 4520-49300-63105 AN Mgmt Fee January 2020 Management Fee 436.28 02/28/2020 4520-49300-63010 Check Total: 532.15 Vendor: CintasGK Cintas Corp - Cintas Loc # 16K Check Sequence: 3 ACH Enabled: False 4043493804 Floor Mat Rental 49.27 02/28/2020 0101-41930-62200 4043493808 Floor Mat Rental 37.46 02/282020 0101-41910-62200 4043493825 Floor Mat Rental 148.80 02/28/2020 5100-48100-62200 4043493869 Uniform Cleaning 22.74 02/28/2020 5100-48100-61020 4043493869 Uniform Cleaning 45.45 02/28/2020 520048200-61020 4043493869 Uniform Cleaning 22.71 02/28/2020 6100-48800-61020 4043493869 Uniform Cleaning 159.12 02/28/2020 0101-43100-61020 4043493869 Unifonn Cleaning 68.19 02282020 0101-45000-61020 4043493869 Uniform Cleaning 22.74 02/28/2020 0101-43300-61020 Check Total: 576.48 Vendor: CMTDiver CMT Janitorial Services Check Sequence: 4 ACH Enabled: False 2369 Monthly Cleaning Service 1,052.60 02/28/2020 0101-41930-63010 2369 Monthly Cleaning Service 470.90 02/28/2020 0101-41920-63010 2369 Monthly Cleaning Service 1,246.50 02/28/2020 0101-41910-63010 Check Total: 2,770.00 Vendor: Colonial Colonial Life & Accident Check Sequence: 5 ACH Enabled: False 7156706-0301161 March 2020 Premium - E7156706 279.90 02/28/2020 0101-00000-21210 AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 2 Check Total: 279.90 Vendor: ECM ECM Publishers, Inc. Check Sequence: 6 ACH Enabled: False 758283 Monthly Recycling Program 260.00 02/28/2020 0101-46000-63025 760297 Andover Public Accuracy Test 28.13 02/28/2020 0101-41310-63030 Check Total: 288.13 Vendor: Grainger Grainger Check Sequence: 7 ACH Enabled: False 9435625703 Sealant, 9.8 Oz Clem 104.16 02/28/2020 5100-48100-61135 Check Total: 104.16 Vendor: HlthPDen Health Partners Check Sequence: 8 ACH Enabled: False 95514693 March 2020 Premium 61,234.47 02/28/2020 0101-00000-21206 95514693 March 2020 Premium 237.50 02/28/2020 620048900-63005 95514693 March 2020 Premium 894.18 02/28/2020 7100-00000-21218 95514693 March 2020 Premium 4,204.14 02/28/2020 0101-00000-21208 Check Total: 66,570.29 Vendor: HenSchei Henry Schein, Inc. Check Sequence: 9 ACH Enabled: False 73541315 Purple PF Nitrile Gloves & Compress Cold 64.56 02/28/2020 0101-42200-61020 Check Total: 64.56 Vendor: Insight Insight Public Sector Check Sequence: 10 ACH Enabled: False 1100713394 TriCentric DisplayPort Cable- 6 Ft. 114.10 02/28/2020 0101-41420-61225 Check Total: 114.10 Vendor: InterBat Interstate All Battery Center Check Sequence: 11 ACH Enabled: False 1901201008675 Batteries for SCBA Packs 112.00 02/28/2020 0101-42200-61205 Check Total: 112.00 Vendor: JRAdvanc JR's Advanced Recyclers Check Sequence: 12 ACH Enabled: False 100188 Appliances, Electronics & Bulbs Recycling 170.00 02/28/2020 0101146000-63010 100202 Appliances, Electronics & Bulbs Recycling 830.00 02/28/2020 0101-46000-63010 100203 Appliances & Electronics Recycling 100.00 02/28/2020 0101-46000-63010 Check Total: 1,100.00 Vendor: LeagueMN League of Minnesota Cities Check Sequence: 13 ACH Enabled: False AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 316827 MN Cities Stormwater Coalition 1,280.00 02/28/2020 530OA8300-61320 Check Total: 1,280.00 Vendor: LegShiel Legal Shield Check Sequence: 14 ACH Enabled: False 31833 March 2020 Premium 190.45 02/28/2020 0101-00000-21219 Check Total: 190.45 Vendor: MadNatlL Madison National Life Ins Co, Inc Check Sequence: 15 ACH Enabled: False 1381606 March 2020 LTD Premium 938.65 02/28/2020 0101-00000-21216 Check Total: 938.65 Vendor: Marco Marco Technologies LLC Check Sequence: 16 ACH Enabled: False 407821487 HP T2600 Wide Format Copier 425.00 02/28/2020 0101-41600-62200 407821487 HP 72600 Wide Format Copier 425.00 02/28/2020 0101-42300-62200 407821487 HP T2600 Wide Format Copier 1,080.00 02/28/2020 2210-41600-62200 407821487 HP T2600 Wide Format Copier 425.00 02/282020 0101A1500-62200 Check Total: 2,355.00 Vendor: Menards Menards Inc Check Sequence: 17 ACH Enabled: False 20907 Solid Core PVC Pipe 18.29 02/28/2020 0101-43300-61030 20920 Green Treated Wood 17.22 02/28/2020 0101-43200-61020 20982 Cell Core PVC Pipe 12.97 02/28/2020 010143300-61030 21357 Windtunnel 2 Rewind WH 99.00 02/28/2020 010141930-61120 Check Total: 147.48 Vendor: MNDOH Minnesota Department of Health Check Sequence: 18 ACH Enabled: False Water Supply System Operator Class C 32.00 02/28/2020 510048100-61320 Check Total: 32.00 Vendor: MNLifeln Minnesota Life Insurance Company Check Sequence: 19 ACH Enabled: False 0034706 Much 2020 Premium 43.18 02/28/2020 0101-00000-21205 0034706 March 2020 Premium 1,430.44 02/28/2020 0101-00000-21205 0034706 March 2020 Premium 76.76 0228/2020 7100-00000-21218 0034706 March 2020 Premium 24.00 02/28/2020 0101-42200-60330 Check Total: 1,574.38 Vendor: MRCutEdg MR Cutting Edge Check Sequence: 20 ACH Enabled: False 1939 Ice Scraper Blade 55.00 02/28/2020 2130-44300-63005 AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 4 Check Total: 55.00 Vendor: NCPERS NCPERS Group Life Ins Check Sequence: 21 ACH Enabled: False 312000032020 March 2020 Premium 16.00 02/28/2020 7100-00000-21218 312000032020 Mach 2020 Premium 160.00 02/28/2020 0101-00000-21205 Check Total: 176.00 Vendor: PionRese Pioneer Research Corp Check Sequence: 22 ACH Enabled: False 257602 Snow Plow Coating 3,697.75 02/28/2020 0101-43200-61125 Check Total: 3,697.75 Vendor: SATELL Satellite Shelters, Inc. Check Sequence: 23 ACH Enabled: False INV382486 Trailer Rental@Hawkridge Park 375.00 02/28/2020 0101-45000-62200 Check Total: 375.00 Vendor: SLSERC SI -Serve Check Sequence: 24 ACH Enabled: False 11076759C Jan 2020 - Qrtly Site Visit 9,471.20 02/28/2020 5100-48100-63010 Check Total: 9,471.20 Vendor: SuperVis Superior Vision Insurance Check Sequence: 25 ACH Enabled: False 0000370866 March 2020 Premium 168.39 02/28/2020 0101-00000-21222 Check Total: 168.39 Vendor: SupSolut Supply Solutions LLC Check Sequence: 26 ACH Enabled: False 26769 Paper Towels & Bath Tissue 177.66 02/28/2020 0101-41910-61025 26778 Paper Towels & Bath Tissue 126.09 02/28/2020 0101-41930-61025 Check Total: 303.75 Vendor: Uline Uline Check Sequence: 27 ACH Enabled: False 116981488 Black Indust Velcro Strip 110.20 02/28/2020 2130114000-61020 Check Total: 110.20 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 28 ACH Enabled: False 407913003 Ricoh Copier Lease @ City Hall 270.63 02/28/2020 010141420-62200 407913003 Ricoh Copier Lease @ Comm Ctr 126.05 02/28/2020 2130-44000-62200 407913003 Ricoh Copier Lease @ FS #1 130.29 02/28/2020 0101-41920-62200 407913003 Ricoh Copier Lease @ WTP 75.00 02/28/2020 5100-48100-62200 AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 407913003 Ricoh Copier Lease @ Bldg Dept Check Total: Total for Check Run: Total of Number of Checks: 138.03 02/28/2020 0101-42300-62200 740.00 94,818.94 28 AP -Computer Check Proof List by Vendor (02/27/2020 - 11:54 AM) Page 5 Accounts Payable / Computer Check Proof List by Vendor iVDOVER� User: BmndaF Printed: 02/27/2020 - 12:51PM Batch: 00402.03.2020 - Invoice No Description Amount Payment Date Acct Number Reference Vendor: FiveD Five D Industries, LLC Check Sequence: I ACH Enabled: False 2265 Hot Patch Heated Truck Bed Insert 17,125.00 03/02/2020 421449300-65600 Check Total: Vendor: MNDOH Minnesota Department of Health 1020034 2020 1st Qtr Water Connection Fee Check Total: Total for Check Run: Total of Number of Checks: 17,125.00 Check Sequence: 2 16,438.00 03/02/2020 510048100-63050 16,438.00 33,563.00 2 ACH Enabled: False AP -Computer Check Proof List by Vendor (02/27/2020 - 12:51 PM) Page 1 AK6 6W^� ( ) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator 3 David Berkowitz, Director of Publi s/City Engineer FROM: Jason Law, Assistant City Engineer SUBJECT: Award Bid /18-33, Kelsey Round Lake Park Trail Expansion/18-34, Andover Station North Trail Construction/19-19, Hills of Bunker Lake West Park Trail Reconstruction - Engineering DATE: March 2, 2020 INTRODUCTION The City Council is requested to accept bids and award the contract for Projects 18-33: Kelsey Round Lake Park Trail Expansion; 18-34: Andover Station North Trail Construction; and 19-19: Hills of Bunker Lake West Park Trail Reconstruction. DISCUSSION The Kelsey Round Lake Park Trail Expansion consists of constructing a new 8' bituminous trail that will extend around the west portion of the park and connect to existing trail segments. The Andover Station North Trail Construction will consist of construction of an 8' bituminous trail from the Osage Street cul de sac (west of the WDE site) and connect into an existing trail in the Andover Station North Ball Field complex. The Hills of Bunker Lake West Trail Reconstruction project includes reconstructing an existing 8' bituminous trail system within the park. These projects are identified in the 2020-2024 Capital Improvement Plan (CIP) for construction in 2020. The three lowest bids received are as follows: Project Engineer's North Valley, Sunram Const. Veit & Co. Inc. Estimate Inc. Co. Kelsey Round Lake Park Trail Expansion (C.P. 18-33) $ 129,835.00 $ 99,014.05 $ 121,670.00 $ 145,522.45 Andover Station North Trail Connection (C.P. 18-34) $ 126,215.00 $ 89,035.16 $ 115,993.00 $ 135,880.00 Hills of Bunker Lake West Park Trail Reconstruction (C.P. 19-19) $ 121,130.00 $ 103,897.71 $ 125,672.00 $ 147,196.95 TOTAL COMBINED BID $ 377,180.00 $ 291,946.92 $ 363,335.00 $ 428,599.40 BUDGETIMPACT City Project 18-33, Kelsey Round Lake Park Trail Expansion will be funded from a 50% not to exceed DNR grant of $76,000 (can include indirect costs) and Park Dedication Funds. City Project 18-34, Andover Station North Trail Connection will be funded from the Trail Fund. Mayor and Council Members March 2, 2020 Page 2 of 2 City Project 19-19, Hills of Bunker Lake West Park Trail Reconstruction will be funded from the Capital Equipment Reserve and the General Fund. ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to North Valley, Inc. in the amount of $291,946.92 for Projects 18-33: Kelsey Round Lake Park Trail Expansion; 18-34: Andover Station North Trail Construction; and 19-19: Hills of Bunker Lake West Park Trail Reconstruction. Respectfully submitted, Pr Mason I Law, P.E. Attachments: Resolution Location Maps, bid Tabulation Summary CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 18-33, KELSEY ROUND LAKE PARK TRAIL EXPANSION / 18-34, ANDOVER STATION NORTH TRAIL CONSTRUCTION / 19-19, HILLS OF BUNKER LAKE WEST PARK TRAIL RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. -013-20 dated February 4 2020, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Project Engineer's North Valley, Sunram Const. Veit & Co. Inc. Estimate Inc. Co. Kelsey Round Lake Park Trail Expansion (C.P. 18-33) $129,835.00 $99,014.05 $121,670.00 $145,522.45 Andover Station North Trail Connection (C.P. 18-34) $126,215.00 $89,035.16 $115,993.00 $135,880.00 Hills of Bunker Lake West Park $121,130.00 $103,897.71 $125,672.00 $147,196.95 Trail Reconstruction (C.P. 19-19) TOTAL COMBINED BID $377,180.00 $291,946.92 $363,335.00 $428,599.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to North Valley, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Valley. Inc in the amount of $291,946.92 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 2nd day of March , 2020, with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner— Deputy City Clerk 16W^ Capital Improvement' (20 20) Project Name: TRAIL IMPROVEMENTS KELSEY ROUND LAKE PARK ��1 s .1 . ■ �� ■ �11�1/11111/� Project Location - Park DIX, Water, ftn�Ajlr w Right of My City Limits ANDOVER* Capital Improvement Plan (2020) Project Name: TRAIL IMPROVEMENTS KENSINGTON ESTATES 7TH ADD TO ANDOVER STATION PC .■on ♦ .� ���i■ • ♦ gill�:� I ,��IIIIIIIIIII\� MOM 10 Project Location G Lots/Parcels .. ParkWater, Right of Way 11 City Limits :p Capital Improvement Plan (2020) Project Name: TRAIL RECONSTRUCTION HILLS OF BUNKER LAKE WEST PARK L E G E N D Project Location Lots/Parcels Co Park Water Right of Way City Limits D=wnt Patic H:1Gis&MEnpinaminptPmiects CIF 2020.mna 0 0 150 300 -, Feet BID TABULATION Kelsey Round Lake Park Trail Expansion (C.P. 18-33) /Andover Station North Trail Connection (C.P. 18-34)1 Hills of Bunker Lake West Park Trail Reconstruction (C.P. 19-19) Bids Opened: Tuesday, February 27 - 2:00 P.M. BID SUMMARY Kelsey Round Lake Park Trail Expansion (C.P. 18-33) Sunram Const Co. I ENGINEER'S ESTIMATE North Valley, Inc. Surinam Const. Co. Veit & Co. Inc Blackstone Cont, LLC NOTES '-ITEM Now DESCRIPTION 'UNIT-, -EST DUAN. :UNIT PRICE AMOUNT UNIT- -PRICE, -`AMOUNT W' -UNIT UNIT obkr i� , 1 1 2021.501 Mobilization LS $1.00 $7,500.03 $7.500.00 $5,359.32 $5,359.32 $11,500.50 $11,500.50 $31,730.00 $31,730.00 $20,000.00 $20.000.00 $20,000.0 2 2101.524 Clearma TREE $10.00 $250.00 $2,500.00 $355.06 $3,550.6 $315.00 $3150.00 $343.00 $3430.00 $400.00 $4,000.00 $1,800.0 3 2101.524 Grubbing TREE $10.00 $250.00 $2,500.00 $356.06 $3,550.60 $105.00 $1050.00 $114.00 $7140.00 $400.00 $4,000.00 $6,000.00 4 2104.503 SawnSit Pavement (Full Depth) LF $60.00 $5.00 $300.00 $2.61 $156.60 $3.00 $180.00 $3.30 $198.00 $4.00 $240.00 1 5 2106.507 Common Excavation (EV) CY $43000 $25.00 $10750.00 $21.95 $9438.50 $31.30 $73459.00 $49.40 $21242.00 $30.00 $12,900.00 2 6 2105.507 Muck Excavation (EV) CY $280.00 $30.00 $8,400.00 $9.62 $2693.60 $31.30 $8764.00 $25.75 $7210.00 $35.00 $9,800.00 3 7 2105.507 Granular Borrow (LV) CY $320.00 $25.00 58.000.00 $9.61 $3,075.20 $20.00 $6.400.00 $19.15 $6,128.00 $45.00 $14,400.00 $3.00 8 2112.519 Sub rade Preparation - Trail RS $24.80 1 $250.00. 56.200.00 $107.29 $2,660.791 $120.00 $2,976.00 $140.00 $3,472.00 $325.00 $8,060.00 $69.70 9 2211.509 Aggregate Base Class 5 TON $690.00 $30.001 $20,700.00 $23.21 $16.014.90 $29.00 $20.010.00 $20.55 $14,179.50 $42.00 $28,980.00 $3.22 10 2360.509 Type SP 9.5 Wearing Course Mix (2,B) TIN $370.00 $105.00 $38,850.00 $81.07, $29,995.90 $97.90 $36,223.00 $107.50 $39,775.00 $110.00 $40,700.00 4 11 2563.601 Traffic Control LS $1.00 $1,200.00 51,200.00 $750.30 $750.30 $850.00 $850.00 $1,018.00 $1,018.00 $2,000.00 $2,000.00 $30.00 12 2573.503 Sift Fence, Type MS or HI LF $180.00 $4.00 $720.00 $4.52 $813.60 $2.50 $450.00 $2.80 $504.00 $6.00 $1,080.00 5 13 2574.507 Common Topsoil Borrow (LV) CY $365.00 $35.00 $12,775.00 $31.63 $11,544.95 $31.50 $11,497.50 $30.15 $11,004.75 $40.00 $14,600.00 6 14 2575.505 Seeding AC $0.80 $5,000.00 $4,000.00 $2,734.16 $2187.33 $2,500.00 $2,000.00 $1,400.00 $1,120.00 $4,500.00 $3,600.0 7 15 2575.505 Weed Spraying AC $0.80 $1,200.00 $960.00 $1,129.83 $903.86 $1,000.00 $800.00 $319.00 $255.20 $1,000.00 $800.00 8 16 2575.508 Hydraulic Mulch Matrix LB $2,000.00 $2.00 $4,000.00 $2.82 $5640.00 $1.00 $2,000.00 $1.45 $2.90000 $250 $500000 9 17 2575.604 Rolled Erosion Prevention Cateaory 20 SY 122.00 $4.00 5480.00 $5.65 $678.001 $20.00 $1.80, $27001 $Z02,_ $1,440.00 $42.001 17 2531 '503 18 Concrete Curb and Gutter Design Surmountable LF $20.00 $40.00 $800.00 $37.52 �7 7%77 774! Vol ­ $117.25 $2.345.00 $55.00 $1,100.00 $27,600.00 Total 1 2531.618 2504.602 $129,835.001 SF $99,014.051 $65.00 $121,670.001 $48.23, $145,522.461 $55.00, $170,640.00 BID SUMMARY Andover Station North Trail Connection (C.P. 18-34) Sunram Const Co. I ENGINEER'S ESTIMATE North Valle , Inc. Sunram Const Co. Veit & Co. Inc Blackstone Cont; LLC NOTES ITS M'Nd.t,-;-DESCRIPTION - NIT EST _QuAN.�: UNIT PKice AMOUNT- UNIT PRICE- iAMOUNT '`UNIT PRICE:, 4�t! AMOUNT. t :1 -- T. 1 2021.501 1 Mobilization LS $1.00 $7,000.00 $7,000.0 $5,359.32 $5,359.3 $11,000.00 $11,000.00 $26 300�00 $26,300.00 $20,000.00 $20,000.0 $20,000.0 2 2101.505 2101.505 Clearing ACRE $0.20 $7,500.00 $1,500.0 $7,101.10 $1,420.2 $7,900.00 $1,580.00 $8575.00 1 $1,715.00 $9,000.00 $1,800.0 3 2101.605 Grubbing Grubbing ACRE $0.20 $7,500.00 $1,500.0 $7,101.10 $1,420.2 $1,050.00 $210.00 $1 145.00 $229.00 $6,000.00 $1,200.0 4 4 2101.524 TREE Clearing TREE $7.00 $250.00 $1,750.00 $355.05 $2,485.3 $315.00 $2,205.00 $345.00 $2,415.00 $400.00 $2,800.0 2101!524 5 2101.524 $15.00 Grubbing TREE $7.00 $250.00 $1,750.00 $355.05 $2,485.35 $105.00 $735.00 $115.00 $805.00 $400.00 $2,800.00 1 6 2104.503 $10.00 Remove Curb & Gutter LF $20.00 $10.00 $200.00 $6.97 $139.40 $15.00 $300.00 $26.00 $520.00 $20.00 $400.00 LF 7 2104.503 $200.00 Sa%Mna Bit Pavement (Full Depth) LF $40.00 $5.00 $200.00 $2.61 $104.40 $3.00 $120.00 $3.35 $134.00. $6.00 $240.00. $35.00 8 2104'504 $23.18, Remove Bituminous Pavement SY $10.00, $5.00, $50.00 $6.97, $69.70 $15.00, $150.00 $52.05 $520.50 $50.00 $500.00 10 9 2105504 $214.00 Geotexlile Fabric Type 5 SY $270.00 $6.00 $1,620.00 $3.22 $869.40 $2.50 $675.00 $1.80 $486.00 $5.00 $1,350.0 2 1 10 1 2105.507 $2.50, Common Excavation (EV) CY $630.00 $25.00 $15,750.00 $13.56 $8,542.80 $31.30 $19,719.00 $43.50 $27,405.00 $30.00 $18,900.0 3 11 2105.507 $2,660.00 Muck Excavation (EV) CY $230.00 $30.00 $6,900.00 $9.62 $2,212.60 $31.30 $7,199.00 $25.75 $5,922.50 $3500 $8,050.0 4 12 2105.507 $1.70 Granular Borrow (LV) CY $150.00 $25.00 $3,750.00 $9.62 $1,443.00 $20.00 $3,000.00 $19.15 $2,872.50 $45.00 $6,750.0 $31.30 13 2112.519 $20444.00 Sub rade Preparation - Trail RS $17.80 $250.00 $4,450.00 $107.32 $1,910.30 $120.00 $2,136.00 $160.00 $2,848.00 $32500 $5,785.0 $5,947.00 14 2211.509 $35.00 Aggregate Base Class 5 TON $490.00 $30.00 $14,700.00 $23.21 $11,372.90 $29.00 $14,210.00 $18.75 $9,187.50 $42.00 $20,580.0 $19.15 15 2360.509 $13,050.00 Type SP 9.5 Wearing Course Mix (2,B) TN $260.00 $105.00 $27,300.00 $81.08 $21,080.80 $97.90 $25,454.00 $109.20 $28,392.00 $115.00 $29,900.0 5 16 2521.518 6" Concrete Walk SF $120.00 $15.00 $1,800.00 $7.61 $913.20 $20.00 $2.400.00 $20.75 $2.490.00 $12.00 $1,440.00 $42.001 17 2531 '503 18 Concrete Curb and Gutter Design Surmountable LF $20.00 $40.00 $800.00 $37.52 $750.40 $45.00 $900.00 $117.25 $2.345.00 $55.00 $1,100.00 $27,600.00 18 2531.618 2504.602 Truncated Domes SF $16.001 $65.00 $1.040.00, $48.23, $771.68 $55.00, $880.00 $77.00 $1,232.00 $7500 $1,200.0 6 19 2563.601 6"Conerete Walk Traffic Control LS$1.00 $12.00 $1200.00 $1200.00 $535.93 $535.93 $850.00 $850.00 $795.00 $795.00 $200000 $2.000.00 21 20 2573.502 LF Storm Drain Inlet Protection EA:� .. - -15 - $875.00 $160.78 $803.90 $150.00 $750.00 $225.00 $1 12500 ;200!00 $1,000.0 2631.618 21 2573503 $32.00 Sift Fence Type MIS or HI LF $1_,970.001 $4.00 $7880.00 $2.26 $4,452.20 $2.50 $4,925.00 $2.80 $5,516.00 $4.00 $7,880.0 7 LS �57�- 507 Common Topsoil Borrow (LV) Cle, - 00 $180:9 00 $35:O $6,300.0 $31.64 $5,695.20 $31.50 $5,670.00 $29.55 $5,319.00 $4000 $7,200.0 8 $175.00 ' 505 Seeding AC $0.701 $5,000.00 $3,500.00 $2,734.17 $1,913.92 $2500.00 $1,750.00 $1,400.00 $980.00 $4,500.00 $3,150.0 11 242575.505 $4.52 Weed Sp ing AC $0.70 QZ $1.200.00 $940.00 $1,129.81 $790.87 $1,000.00 $700.00 $320.00 $224.00 $1,000.00 $700.00 9 25 2575io4 Rolled Erosion Prevention SY O20 $3,31 $4.00 $13,560.00 $3.39 $11,492.10 $2.50 $8,475.00 $1.801 $6,102.00 $3.001 $10,170.00 $10.00 $9,200.00 $11.30 $10,396.00 $10.00 $9,200.00 $14.00 $12.880.00 $8.00 $7.360.00 L 28 2575.505 Seedinq AC $0.40 $5,500.00 $2,200.00 $2734.15 $1,093.6 $2500.00 Total $1,400.00 $560.00 $126,215.00 $1.800.00 $89,035.16 29 $115,993.001 AC $135188tol $1p200.00 569tg BID SUMMARY Hills of Bunker Lake West Park Trail Reconstruction (C.P. 19-19) Sunram Const Co. I ENGINEER'S ESTIMATE North Valley, Inc. Surmarn Const. Co. Veit & Co. Inc Blackstone Cont; LLC NOTES Z, ...... I*i tk6. Z, DESCRIPTION is 05M,� EST. QUAN.' UNIT PRICE OUNT UNIT- Pkidii AMouNif, UNIT RI -,t P_ ck' K 11 , E �jw 0 MT, 6 T. U TOTAL COMBINED BID 1 2021.501 Mobilization LS $1.00 $7P000.00 $7,000.00 $5p359.32 $5,359.32 $11.800.50 $11.800.50 $28,700.00 $28,700.0 $20 000.00 $20,000.0 2 2101.505 Clearing ACRE $0.20 $7p500.00 $1,500.00 $7101.10 $1,420.22 $7,900.00 $1,580.00 $8575.00 $1,715.0 $9000.00 $1,800.0 3 2101.505 Grubbing ACRE $0.20 $7500.00 $1,500.00 $7,101.10 $1,420.22 $1,050.00 $210.00 $1145.00 $229.00 $8000.00 $1.200.00 4 2101524 Clearing TREE $15.00 $250.00 $3,750.00 $355.05 $5,325.75 $315.00 $4,725.00 $345.00 $5,175.0 $400.00 $6,000.00 5 2101!524 Grubbin, TREE $15.00 $250.00 $3,750.00 $355.05 $5,325.75 $105.00 $1,575.00 $115.00 $1,725.0 $400.00 $6,000.00 1 6 2104.503 Remove Curb & Gutter LF $40.00 $10.00 $400.00 $6.97 $278.80 $15.00 $600.00 $13.00 $520.00 $12.00 $480.00 7 2104.503 Samfing Bit Pavement (Full Depth) LF $40.00 $5.00 $200.00 $2.61 $104.40 $3.00 $120.00 $3.35 $134.00 $6.00 $240.00 12 8 2104.503 Salvage Retaining Wall LF $35.00 $35.00. $1.225.00 $23.18, $811.30 $25.00 $875.00 $21.45. $750.75 $50.00 $1.750.00 9 2104.503 Remove Wood Edger LF $100.00 $5.00 $500.00 $2.14 $214.00 $14.00 $1,400.00 $3.75 $375.00 $10.00 $1,000.00 10 2104.504 Remove Bituminous Pavement SY $1375.00 $4.00 $5,500.00 $3.18 $4.372.50 $2.50, $3,437.50 $3.20 $4,400.0 $9.00 $12375.00 11 2104.607 Salvage and Place Aggrenate Base (CV) CY $7000 $25.00 $1,750.00 $35.71 $2,499.70 $38.00 $2,660.00 $17.75 $1p242S $32.00 $2240.00 10 12 2105.504 Geotextifte Fabric Type 5 SY $300.00 $5.00 $1500.00 $3.22 $966.00 $2.50 $750.00 $1.70 $510.00 $5.00 $1500.00 2 13 2105.507 Common Excavation (EV) CY $380.00 $25.00 $9500.00 $17.68 $6p718.4 $31.30 $11,894.00 $53.80 $20444.00 $30.00 $11400.00 3 14 2105.507 Muck Excavation (EV) CY $190.00 $30.00 $5,700.00 $17.39 $3P304.1 $31.30 $5,947.00 $25.80 $4902.00 $35.00 $6650.00 4 15 2105507 Granular Borrow LV) CY $290.00 $25.00 $7250.00 $17.40 $5P046.0 $20.00 $5,800.00 $19.15 $5553.50 $45.00 $13,050.00 16 2112.519 Sub rade Preparation - Trail RS $15.20 $250.00 $3,800.00 $107.29 $1,630.81 $120.00 $1,824.00 $155.00 $2p356.001 $325.00 $4.940.00 17 2211.509 Aggregate Base Class 5 TON $160.00 $30.00 $4,800.00 $24.74 $3p958.40 2 0 0 $29.00 6 4 0 0 0 S4.640.001 $4 $22.70 $3,632.00 $42.001 $6,720.00 18 2360.509 Type SP 9.5 Wearing Course Mix (2, B) TN $230.00 $105.001 $24,150.00 $81.09 $18,650.70 3 0 $112.30 1 2 0 $25829.00 $2 5 82 0 $111.65 $25,679.50 $120.00 $27,600.00 19 2504.602 lrdqafion System ModhIcaflons EA $10.00 $110.00 $1,100.00 $141.23 $1,412.30 2 0 0 $425.00 $4 0 $4250.00 $4 59 0 2 0 $445.00 $4,450.00 $500.00 $5,000.0 5 20 2521.518 6"Conerete Walk SF $320.00 $12.00 $3.840.00 $7.61, $2.435.20 2 0 0 $20.00 0 $6 4 0 0 0 $6p400.00 $11.00 $3,520.00 $12.00 $3,11,10.0 21 2531.503 Concrete Curb and Gutter Design Surmountable LF $40.00 $40.00 $1,600.00 $37.52 $1,500.80 $4 5 0 0 $45.00 0 0 $1800.00 $1 8 0 0 $63.75 $2,550.00 $55.00 $2,200.00 22 2631.618 Truncated Domes SF $32.00 $65.00 $2,080.0 $48.23 $1,543.36 $55.00 $55 00 $1 76000 $1760.00 $77.60 $2,483.20 $75.00 $2,400.00 6 23 2563.601 Traffic Control LS $1.00 $1,200.00 $1,200.0 $53593 $535.93 $85000 $850.00 $85000 $850.00 $795.00 $795.00 $2,000.00 $2,000.00 24 2573.502 Storm Drain Inlet Protection EA $2.00 $175.00 $350.00 $160.78 $321.56 $150.00 $300.00 $225.00 $450.00 $200.00 $400.00 25 2573.503 Sediment Control Log Type Wood Chip LF $650.00 $4.00 $2,600.00 $4.52 $2,938.00 1$4.00$2.600.00 $2.951 $1,917.50 $6.00 $3.250.001 7 26 2574.507 Common Topsoil Borrow LV) CY $230.00 $35.00 $8,050.00 $31.63 $7.274.90 $31.50 $7,245.00 $29.551 $6,796.50 $40.00 $9,200.00 27 2575.504 Sodding Type Lawn SY $920.00 $10.00 $9,200.00 $11.30 $10,396.00 $10.00 $9,200.00 $14.00 $12.880.00 $8.00 $7.360.00 9 28 2575.505 Seedinq AC $0.40 $5,500.00 $2,200.00 $2734.15 $1,093.6 $2500.00 $1 000.00 $1,400.00 $560.00 $4500.00 $1.800.00 13 29 2575.505 Weed Spraying AC $0.40 $1p200.00 $480.00 $1,129.83 $451.93 $1000.00 $400.00 $320.00 $128.00 $1 000.00 $400.00 11 30 2575. Hydraulic Mulch Matrix _B_ $1000.00 $2.00. 2.000.00. $2.82 $2,820.00 $1.00 $1 000.00 $1.45 $1450.00 $2.50 j$6.00 $2,500.00 8 37 2575.604 Roiled Erosion Prevention Category 20 SY $600.00 $4.00 52.400.001 1112 S2,712.00 $2.50 $1 500.00 $1.80 $1.080no S3.00 $1.800.00 32 2582,503 4" Solid Line Paint- White LF $170.00 5015. $,!2 56.27 .055.70 $10.00 91 7nn nn $o $93.50� $1.020.00 Total $121,130.001 $103,897.71 $126,672.00 $147,1496.95 $168,115.05 BID SUMMARY ENGINEER'S ESTIMATE North Valley, Inc. I Sunram Const Co. I Veit & Co. Inc I Blackstone Cont, LLC Kelsey Round Lake Park Trail Expansion C.P. 18-33) '3 22 $25,214 '1 $121670.00 $145522.45 Andover Station North Trail Connection C.P. 18-34) 112N $M 1!!()01 is 05M,� !!.!�NN.Nod . V15il),640.00 6.895.00 Hills of Bunker Lake West Park Trail Reconstruction C.P. 19-19) $121,130.001 $103,897.711 $125,672.001 $147.196.951 $168,115.00 TOTAL COMBINED BID $377,180.001 $291,946.921 $363,335.001 $428,599.4101 $496,660.00 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 Public ks/City Engineer SUBJECT: Approve Amending Bid Date/20-2/2020 Street Reconstruction - Engineering DATE: March 2, 2020 INTRODUCTION The City Council is requested to approve the attached resolution amending the bid date for Project 20-2, 2020 Street Reconstruction tol0:00 a.m., March 20, 2020. DISCUSSION The bid date for the above subject project has been changed from March 18, 2020 to March 20, 2020 at 10:00 a.m. to meet State Statute 429 requirement for a minimum three week publication notice before the last day for submission of bids. ACTION REQUIRED The City Council is requested to approve the attached resolution amending the bid date for Project 20-2, 2020 Street Reconstruction to 10:00 a.m., March 20, 2020. Re ctfixlly submitted, David D. Berkowitz Attachments: Resolution 1/1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AMENDING RESOLUTION NO. 015-20 DATED FEBRUARY 18, 2020 FOR PROJECT NO. 20-2,2020 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 006-20, adopted by the City Council on the 21St day of January 2020, the City Engineer has prepared final plans and specifications for Project No. 20-2. WHEREAS, such final plans and specifications were presented to and approved by the City Council on the 18th day of February 2020. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m., March 20, 2020 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of March , 2020 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk 0 P C I T Y •; �•. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City FROM: David Berkowitz, Director Engineer SUBJECT: Approve Amending Bid Date/20-14,2020 Mill & Overlay/Jay Street NW/20-15,2020 Mill & Overlay/Martin Street NW/20-16,2020 Mill & Overlay/Woodland Estates 1St & 21d Additions - Engineering DATE: March 2, 2020 INTRODUCTION The City Council is requested to approve the attached resolution amending the bid date for Projects 20- 14, 2020 Mill & Overlay/Jay Street NW/20-15, 2020 Mill & Overlay/Martin Street NW/20-16, 2020 Mill & Overlay/Woodland Estates 1st & 2nd Additions to 11:00 a.m., March 20, 2020. DISCUSSION The bid date for the above subject project has been changed from March 19, 2020 to March 20, 2020 at 11:00 a.m. to meet State Statute 429 requirement for a minimum three week publication notice before the last day for submission of bids. ACTION REQUIRED The City Council is requested to approve the attached resolution amending the bid date for Projects 20- 14, 2020 Mill & Overlay/Jay Street NW/20-15, 2020 Mill & Overlay/Martin Street NW/20-16, 2020 Mill & Overlay/Woodland Estates 1st & 2 Additions to 11:00 a.m., March 20, 2020. Respectfully submitted, <4�. , k4 David D. Berkowitz Attachments: Resolution's CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AMENDING RESOLUTION NO. 016-20 DATED FEBRUARY 18, 2020 FOR PROJECT NOS. 20-14,2020 MILL & OVERLAY/JAY STREET NW/20- WHEREAS, pursuant to Resolution Nos. 007-20, 008-20 & 009-20, adopted by the City Council on the 21St day of January 2020, the City Engineer has prepared final plans and specifications for Project Nos. 20-14, 20-15 & 20-16. WHEREAS, such final plans and specifications were presented to and approved by the City Council on the 18th day of February 2020. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 a.m., March 20, 2020 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of March , 2020 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Harmer, Deputy City Clerk SUBJECT: Approve Application for Exempt Permit/Rum River MDHA DATE: March 2, 2020 INTRODUCTION Rum River MDHA has submitted an application for a raffle at an event they are hosting on April 4, 2020 at the Courtyards of Andover, 13545 Martin Street NW. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, Michelle Michelle Harmer Deputy City Clerk Attach: Application MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ;ORGANIZATION INFORMATION Organization Previous Gambling Name: Rum River MDHA Permit Number: X-30002-19-014 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: Mailing Address: 1917 Rum River Dr. NW City: Isanti State: Mn. Zip: 55040 County: Anoka Name of Chief Executive Officer (CEO): Ron Schleif CEO Daytime Phone: CEO Email: (permit will be emailed to this email address unless otherwise Indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a.copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 E IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ElIRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Courtyards of Andover Physical Address (do not use P.O. box): 13545 Martin St. NW Check one: M City: Andover zip: 55304 County: Anoka Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): April 4 2020 Check each type of gambling activity that your organization will conduct: Bingo F� Paddlewheels = Pull -Tabs =Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 11/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits eThe application is acknowledged with no waiting period. located in a township he application is acknowledged with no. waiting period. The application is acknowledged with a 30 -day waiting he application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). ElThe is denied. 30 days. ❑fhe application is denied. application Minnesota. Your organization has the right to Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: information provided remains private, with the TOWNSHIP (if required by the county) information, the Board may not be able to On behalf of the township, I acknowledge that the organization which law or legal order authorizes a new use or is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or address which will remain public. Private data The city or county must Sign before as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information deny an application, per Minn. Statutes, section 349.213.) submitting application to the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: (Signature must be CEO's signature; designee may not sign) Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. _application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management if; Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be Involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 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 Approve Resolution Supporting Infrastructure Accountability March 2, 2020 ACTION REQUESTED The Andover City Council is requested to approve the attached Resolution Supporting Infrastructure Accountability. INTRODUCTION The League of Minnesota Cities (League) is urging city councils to adopt a resolution supporting legislation that will provide clarity after the Minnesota Supreme Court's decision in Harstad v. City of Woodbury, where the court found there was no existing statutory authority for cities to collect fees for future infrastructure improvements when approving residential development. DISCUSSION When a new subdivision proposal is presented to a city by a developer, the city needs to consider how that development will connect with the rest of the community through new city streets, or how the added capacity will impact existing city streets. Many cities plan street work years in advance, and new development creates additional demand. However, legal interpretation of current law does not allow for cities to collect fees from developers to help pay for these future investments. The League has provided a sample resolution that identify that a city council supports legislation that would authorize cities to collect infrastructure development fees to help fund municipal street improvements as a necessary component of growth. City Administration has updated the sample resolution for the Andover City Council to consider. Resolutions passed before the first legislative deadline, March 13`1, will be particularly helpful to the League's advocacy efforts on infrastructure accountability at the Capitol. submitted, Dickinson - Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION # Resolution Supporting Infrastructure Accountability WHEREAS, populations in Minnesota cities are growing statewide and the development and construction associated with that growth are driving the need for road improvements, street oversizing, street redesign, and street reconstruction; and WHEREAS, municipal statutory authority appropriately exists for fees to support added need for parks, sewer, and water; and WHEREAS, this municipal authority does not exist for infrastructure development fees; and WHEREAS, city streets are one of the four major types of infrastructure local government is responsible to provide to protect public safety and health, and city streets represent a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, and special assessments have limited applications, leaving cities under -equipped to address growing needs; and WHEREAS, neighborhood streets are constructed according to city standards by developers; and WHEREAS, funding sources for larger streets and intersections to support new developments have historically come from infrastructure development fees; and WHEREAS, the Minnesota Supreme Court has found that no city statutory authority exists for these infrastructure development fees; and WHEREAS, cities should not be forced to make current residents and businesses pay for costs of growth through local taxes but rather by those that are responsible for the growth; and WHEREAS, cities are finding it difficult to develop adequate funding systems to support needed infrastructure development related to growth while complying with existing state statutes; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ANDOVER, that this Council supports legislation that would authorize cities to collect infrastructure development fees to fund municipal street improvements as a necessary component of growth. ADOPTED by the Andover City Council this 2nd day of March 2020. CITY OF ANDOVER: Julie Trude — Mayor ATTEST: Michelle Hartner — Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor Trude and Council Members FROM: Fred Patch, Chief Building Official\ Jim Dickinson, City Administl SUBJECT: Amendment to City Code, Title 9, Chapter 15: Solar Energy Syster DATE: March 2, 2020 INTRODUCTION At the City Council Workshops of January 28, 2020 and February 18, 2020 the Council discussed possible amendments to City Code, Title 9, Chapter 15 that would allow larger ground mount solar energy systems in the R-1 Single Family Residential — Rural District. After considering information and examples of ground mount solar energy installations provided by staff and Cedar Creek Energy, Council consensus was to allow up to 1,200 square foot ground mounted installations on R-1 zoned parcels of 3 acres and larger. The Council further expressed the need to maintain neighborhood aesthetics. Staff suggested increasing side and rear setbacks for all solar energy installations to thirty feet (30') to buffer and provide for screening from neighboring properties. A final draft of City Code, Title 9, Chapter 15: Solar Energy Systems with suggested amendments addressed by the Council is attached for adoption. BUDGETIMPACT No budget impact is expected. ACTION REOUESTED Council is requested to amend City Code, Title 9, Chapter 15: Solar Energy Systems as described on the following pages and approve summary publication of the code amendment. Attachments: 1. Proposed amendments to City Code, Title 9, Chapter 15 2. Summary ordinance of amendments to Title 9, Chapter 15 for publication 3. Clean version of amended Title 9, Chapter 15 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE TITLE 9, CHAPTER 15, RELATING TO SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9 CHAPTER 15: SOLAR ENERGY SYSTEMS SECTION 9-15-1 Purpose and Intent 9-15-2 Definitions 9-15-3 Accessory Use 9-15-4 Exemptions 9-15-5 System Standards 9-15-1: PURPOSE AND INTENT: It is the goal of the city council for Andover to become a more sustainable community by encouraging activities that conserve energy and result in less/no pollution output such as alternative energy sources. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. 3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. 2 4. To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. 9-15-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings when used in this chapter: ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as ground source heat pump, wind or solar energy system. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by transferring solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means. SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices. SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building. SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or abutting the roof of a principal or accessory building. SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. 9-15-3: ACCESSORY USE: 1) Ground mounted solar energy systems shall be allowed in the R-1, Single Family Rural District as a permitted accessory use in accordance with the standards in this section. 2) Roof mounted solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 9-15-4: EXEMPTIONS: Passive or building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. 9-15-5: SYSTEM STANDARDS: 1) Electrical: a) All utilities shall be installed underground except the electrical lines for roof mounted units. b) An exterior utility disconnect switch shall be installed at the electric meter serving the property. c) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city. d) No solar energy system shall be interconnected with a local electrical utility until the utility has reviewed and provided written approval for the interconnection. The interconnection of the solar energy system with the utility shall comply with the City Code and Minnesota State Building Code. e) All solar energy systems shall meet the standards of the Minnesota State Building Code. 2) Aesthetics: All solar energy systems shall be designed to blend into the architecture of the building to the extent possible without negatively impacting the performance of the system and to minimize glare towards vehicular traffic and adjacent properties. 3) Glare: The panels of ground mounted solar energy systems shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Prior to the 0 issuance of a permit for a ground mounted solar energy system, the permit applicant must provide an analysis demonstrating that the ground mounted system will not impact aesthetics of adjacent properties. 4) Location: a) Roof mounting: 1) The solar energy system shall comply with the maximum height requirements of the applicable zoning district. Roof mounted solar collectors shall be flush mounted on pitched roofs unless the roof pitch is determined to be inadequate for optimum performance of the solar energy system in which case the pitch of the solar collector may exceed the pitch of the roof up to 5% but in no case shall be higher than ten inches above the roof. Solar collectors on flat roofs may be bracket mounted. Commercial/Industrial collectors located on flat roofs shall be placed on the roof to limit the visibility from public right-of-ways and residential properties and meet the screening requirements of the City Code. 2) The solar energy system shall not extend beyond the perimeter of the exterior walls of the building on which it is mounted. b) Ground mounting: 1) The solar eaeFgy system shall Ealy he lenate.d is FeaF ar.d as ElefiRed by this title-. 1) The solar energy system shall not be located in the front yard as defined by City Code Section 12-2-2. 2) The selar eneFgy system shalllimited- he to aM-axa.ea- aF z Fear hnnrlrerd (400) square Feet 2) All components of the solar energy system shall be set back a minimum of thirty feet (30') from interior side lot lines and rear lot lines, and shall otherwise be set back as required by City Code Section 12-6-5 for accessory structures. 3) The solar energy system shall not exceed fifteen feet (15') in height. A) All n en+s of the solar a-Rergy ,stem shall he set hank a minimi im of +._... Faa+ /10'1 Frnm .a+e: n side In+ liens and rear Int )+nes. 4) The solar energy system shall be limited to a maximum ground coverage area based on parcel/lot area: i. Lots Less Than 3 Acres -- On parcels less than three (3) acres, the maximum ground mounted solar electric _ground coverage area must not exceed four hundred (400) square feet. ii. Lots 3 Acres And Larger -- On parcels three (3) acres and larger, the maximum ground mounted solar electric ground coverage area must neither exceed the foundation area of the residence (not including the attached garage), nor one thousand two hundred (1, 200) square feet, whichever is less. 5) Solar energy systems shall not encroach upon drainage and utility easements. 5) Screening: Solar energy systems shall be screened in accordance with the requirements of Section 12-13-5 of the City Code to the extent possible without affecting their function. 6) Certification: The solar energy system shall be listed and labeled by an approved third -party testing agency suGh as UndeFwFiteFS LabMtGries, tns ; and comply with the requirements of the Minnesota State Building Code. 7) Abandonment: If the solar energy system remains damaged, nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. 8) Building Permit: Permits as required by the Minnesota State Building Code shall be obtained for any solar energy system prior to installation. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 15, RELATING TO SOLAR ENERGY SYSTEMS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments to City Code, Title 9, Chapter 15 allow for and regulate larger ground mount solar energy systems in the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of March, 2020. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Julie Trude, Mayor CHAPTER 15: SOLAR ENERGY SYSTEMS SECTION 9-15-1 Purpose and Intent 9-15-2 Definitions 9-15-3 Accessory Use 9-15-4 Exemptions 9-15-5 System Standards 9-15-1: PURPOSE AND INTENT: It is the goal of the city council for Andover to become a more sustainable community by encouraging activities that conserve energy and result in less/no pollution output such as alternative energy sources. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include: 1. To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems. 2. To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. 3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels. 4. To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated. 9-15-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings when used in this chapter: ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as ground source heat pump, wind or solar energy system. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy. SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by transferring solar energy into another form of energy or transferring heat from a solar collector to another medium using mechanical, electrical, or chemical means. SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices. SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building. SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or abutting the roof of a principal or accessory building. SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. 9-15-3: ACCESSORY USE 1) Ground mounted solar energy systems shall be allowed in the R-1, Single Family Rural District as a permitted accessory use in accordance with the standards in this section. 2) Roof mounted solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 9-15-4: EXEMPTIONS: Passive or building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. 9-15-5: SYSTEM STANDARDS: 1) Electrical: a) All utilities shall be installed underground except the electrical lines for roof mounted units. b) An exterior utility disconnect switch shall be installed at the electric meter serving the property. c) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city. d) No solar energy system shall be interconnected with a local electrical utility until the utility has reviewed and provided written approval for the interconnection. The interconnection of the solar energy system with the utility shall comply with the City Code and Minnesota State Building Code. e) All solar energy systems shall meet the standards of the Minnesota State Building Code. 2) Aesthetics: All solar energy systems shall be designed to blend into the architecture of the building to the extent possible without negatively impacting the performance of the system and to minimize glare towards vehicular traffic and adjacent properties. 3) Glare: The panels of ground mounted solar energy systems shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Prior to the issuance of a permit for a ground mounted solar energy system, the permit applicant must provide an analysis demonstrating that the ground mounted system will not impact aesthetics of adjacent properties. 4) Location: a) Roof mounting: 1) The solar energy system shall comply with the maximum height requirements of the applicable zoning district. Roof mounted solar collectors shall be flush mounted on pitched roofs unless the roof pitch is determined to be inadequate for optimum performance of the solar energy system in which case the pitch of the solar 10 collector may exceed the pitch of the roof up to 5% but in no case shall be higher than ten inches above the roof. Solar collectors on flat roofs may be bracket mounted. Commercial/Industrial collectors located on flat roofs shall be placed on the roof to limit the visibility from public right-of-ways and residential properties and meet the screening requirements of the City Code. 2) The solar energy system shall not extend beyond the perimeter of the exterior walls of the building on which it is mounted. c) Ground mounting: 1) The solar energy system shall not be located in the front yard as defined by City Code Section 12-2-2. 2) All components of the solar energy system shall be set back a minimum of thirty feet (30') from interior side lot lines and rear lot lines and shall otherwise be set back as required by City Code Section 12-6-5 for accessory structures. .3) The solar energy system shall not exceed fifteen feet (15') in height. 4) The solar energy system shall be limited to a maximum ground coverage area based on parcelllot area: i. Lots Less Than 3 Acres -- On parcels less than three (3) acres, the maximum ground mounted solar electric ground coverage area must not exceed four hundred (400) square feet. Lots 3 Acres And Larger -- On parcels three (3) acres and larger, the maximum ground mounted solar electric ground coverage area must neither exceed the foundation area of the residence (not including the attached garage), nor one thousand two hundred (1, 200) square feet, whichever is less. 5) Solar energy systems shall not encroach upon drainage and utility easements. 5) Screening: Solar energy systems shall be screened in accordance with the requirements of Section 12-13-5 of the City Code to the extent possible without affecting their function. 6) Certification: The solar energy system shall be listed and labeled by an approved third -party testing agency and comply with the requirements of the Minnesota State Building Code. 11 7) Abandonment: If the solar energy system remains damaged, nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. 8) Building Permit: Permits as required by the Minnesota State Building Code shall be obtained for any solar energy system prior to installation. 12 AC I T Y 0 F NLD60VFA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Joe Janish, Community Development Jake Griffiths, Associate Planner Public Hearing - Vacation of Drainage Anthony Szyplinski - Planning March 2, 2020 Utility Easement — 851 138th Ave NW — INTRODUCTION The applicant is seeking to vacate the entire drainage and utility easement across parts of the residential lot located at 851 -138th Ave NW and then rededicate easement over all existing areas with the exception of the location of an existing shed and existing drainage swale. If the easement vacation and dedication are both approved, the resulting area vacated is shown in yellow on the attached easement exhibit. DISCUSSION City Code 12-6-5; B. states that "accessory structures and structures shall not be constructed or placed in a drainage and utility easement'. The applicant constructed a shed that is located within a drainage and utility easement and therefore in violation of City Code 12-6-5; B. The applicant is requesting to vacate a portion of the easement in order to keep the shed in its current location. Summary of Enforcement In October 2019 staff became aware that a permanent accessory structure and fence had been placed within the drainage and utility easement at the subject property. In response, staff inspected the property and sent a Courtesy Letter to the property owner on October 15, 2019 requesting the structure be removed or relocated to a permitted location. On October 25, 2019 staff re -inspected the property and found the shed to still be located within the easement and sent Violation Notice #1 to the property owner. Shorty thereafter, the property owner contacted staff and requested a meeting to discuss the situation. A copy of these notices and site photos are attached for your review. On November 13, 2019 staff met with Jim Szyplinski, a relative of the property owner, and gave the owner two options in order to obtain compliance: (1) remove or relocate the structure to a permitted location; or, (2) pursue a vacation of easement in order to allow the structure to remain. Mr. Szyplinski opted for option two and informed staff he would pursue vacating a portion of the easement in order to allow for the shed to remain in its present location. 2018 Vacation of Easement At the time Hills of Bunker Lake Fifth Addition was platted, this property was platted as an outlot due the presence of wetlands on the property and was entirely covered within a drainage and utility easement. In 2018, the City Council approved a vacation of easement for a portion of the property in order to allow for the construction of a single-family home. The majority of the easement area was maintained in order to provide for adequate drainage of surrounding properties. Engineering Department Review The City of Andover Engineering Department completed a review of the proposed vacation of drainage and utility easement. The Engineering Department is comfortable with the proposed vacation provided easement is dedicated overtop the incorrectly placed drainage swale and that all parts of the existing fence impacting drainage, as determined by the City Engineer, are removed. These conditions are reflected in the draft resolution of approval. ACTION REQUESTED The City Council is requested to hold a public hearing and make a decision on the proposed vacation of drainage and utility easement. If the Council wishes to approve the vacation, it will be contingent on a separate dedication of easement being approved. If the Council wishes to deny the vacation, staff can assist with findings for the denial. Upon a decision of denial, staff would resume enforcement of the City Code. Respectfully submitted, Jake Griffiths Associate Planner Attachments A - Draft Resolution of Approval B - Draft Resolution of Denial C - Site Location D - Easement Exhibits E - Site Photos CC: Anthony Szyplinski, 851 138th Ave NW, Andover, MN 55304 PA-mcv,me A A — Q�-AqA- i Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Julie Trude, Mayor AvkAcv, fy)olnA 6 0 at4 Pi eSd L4 i v y) v�- Dcricl I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION DENYING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 851138TH AVE NW, OUTLOT A HILLS OF BUNKER LAKE 5TH ADDITION, PIN 35- 32-24-14-0052, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: To vacate a perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDTION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that part of said Outlot A, which lies northeasterly and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 29.36 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 49.92 feet; thence South 44 degrees 1 I minutes 54 seconds East, a distance of 28.80 feet; thence South 00 degrees 01 minutes 33 seconds West, a distance of 79.86 feet to the south line of said Outlot A and said line there terminating. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held and there was opposition to the request; and WHEREAS, the City Council finds the request would have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the vacation of drainage and utility easement request; for the following reasons: 1. BE IT FURTHER RESOLVED, by the City Council of the City of Andover that all accessory structures and structures placed in violation of City Code 12-6-5 within the Drainage and Utility Easement of the subject property be removed from said easement. The property shall also comply with all requirements of the latest Grading Plan approved by the City of Andover. Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST mY11•K93W:701116I1h77 Michelle Hartner, Deputy City Clerk Julie Trude, Mayor %ar�(-1nYVIPI 4 L — 1L0uA"Y3 AN, OVER Site Location 13E74— 'fie: , st, ► ul{ ; rI _ 13815: r 1 tit,, sAMC. i ,.4 i;. 4cc t� - 11;4..1 �•�' �� Yi 1 u; I Ind .,_� . 'i 1 4• 1 1 171 '1� a...4 ._ � `�r { I tit ill, PL 00 1 is sl{ � M ar �1 -.�" c r.-.-- F-I Site Locatio"51138th Ave NW Date Created: February 21. 2020 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data -,)o A -S SKETCH AND DESCRIPTION - EASEMENT TO BE VACATED -for,, SZYPLINSKI CONSTRUCTION, INC. —of— 8511 38th Ave NW Andover, MN NORTH --NW CORNER OF OUTLOT A ' •- •S81l 159,R9 S1092'20"E r 24.78 .. -- ------ — --- 589'56'271 i— 49.92 6 I �S„ O� 'o aia QV Is ¢yam a q I � ���•V �n ^ rIP I rn I i pr i t, - I ~a I _ ---SOUnt LINE OF Wi OT A ��� I 8• p92 g,e sett" DESCRIPTION OF EASEMENT TO BE VACATED A perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlet A. HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that port of sold Outlet A, which Has northerly, northeasterly, and easterly of the following described line: Commencing at the northwest owner of said Outlet A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 29.36 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, o distance of 49.92 feet; thence South 44 degrees 11 minutes 54 seconds East, a distance of 28.80 feet; thence South 00 degrees 01 minutes 33 seconds West, a distance of 79.86 feel to the south line of said Outlet A and said line there terminating. GRAPHIC SCALE 30 0 is 30 60 120 I INCH = 30 FEET Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Location: Andover, MN Scale 1"=30' 1 Drawn By. BCD Project Manager: JER Job No.: 18587ED o Denotes Iron Set I a Denotes Iron Found Bearings shown are on an assumed datum. I hereby certify that this plan, survey or report was prepared me under my er supervision and that am a duly Registered Land Surveyor under the laws yo �IR fill SOM INC— of the State of Minnesota. Dated this _29th—day of JantiarV 2020. of ''° Pfofeeslon8l Land SUrveyor8 License No. 41578 ,,,,, 8778 Lake Drive NE Sulte 110 Lino Lakes MN 014 LZ Mfmnssteaa Fnlrsasetaml SKETCH AND DESCRIPTION - PROPOSED EASEMENT -for- SZYPLINSKI CONSTRUCTION, INC. -of- 851 198th Ave NW Andover, MN Ij--NW CORNER Oi WTLOT A ;. I a� C I 1 • I p , Jpl•V4321NOD"!SE '-24.78 W9j-6t'27'E i1 22.00�� S59'5e'27'E 1 a � 0 l5 I IZ oop a pi G�� $Q I o---SOUI6 LINE OF aJ11.07 A S 09? R n= DESCRIPTION Of PROPOSED EASEMENT A perpetual easement for drainage and ulllity purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that port of sold Oudot A. which Iles northerly, northeasterly, and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South DO degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 50.01 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 6.00 feet; thence North 46 degrees 43 minutes 54 seconds East, a distance of 30.11 feel; thence South 89 degrees 58 minutes 27 seconds East, a distance of 22.00 feet; thence South 44 degrees 11 GRAPHIC SCALE minutes 54 seconds East, a distance of 28.80 feet; thence 30 0 15 ao so South 00 degrees 01 minutes 33 seconds West, a distance of 79.86 feet to the south line of sold Outlot A and sold line there terminating. I INCH = 30 FEET Except the east 13.1 feet of the weal 18.5 feet of the south 17.0 feet of the north 26.0 feat thereof. Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Location: Andover, MN Scale 1"= 30' 1 Drawn By. BCD Project Manager: JER Job No.: 18587ED a Denotes Iron Set I • Denotes Iron Found I Bearings shown are on an assumed datum. I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am o uiy Registered Land Surveyor under the laws IloF. s-pU� a SM SNC. / IlDll ofthe State of Minnesota. Dated this 2Qth day of Ja,mnry , 2020. '"" Professional Land Surveyors 6776 Lake Drive NE Suite 110 License No. 41578 Lino Lakes, MN 55614 rm. (cse xuoxoa re.lssllov-mm Uv4ol-P � ►= - S Site Photos October 14th, 2019 The above photo shows the rear yard of the subject property with shed and fence placed in violation of City Code 12-6-5, both of which are located within the drainage and utility easement. This photo was included in notifications sent to the property owner by the City in October 2019. If the Vacation of Easement is approved, the City of Andover Engineering Department requires the wooden fence to be removed in order to preserve adequate drainage. If the Vacation of Easement is denied, staff will pursue enforcement of the City Code and require removal of all improvements from the easement area as required by City Code 12-6-5. C Awbw 111 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 Joe Janish, Community Developm t D 'c rL#1 FROM: Jake Griffiths, Associate Planner SUBJECT: Accept Drainage and Utility Easement— Anthony Szyplinski - Planning DATE: March 2, 2020 DISCUSSION As part of the Vacation of Drainage and Utility Easement for the property owned by Anthony Szyplinski, a drainage and utility easement is required to be dedicated encompassing the incorrectly located drainage swale and the remainder of the property. The City Attorney has reviewed the attached Quit Claim Deed and his revisions are reflected in the attached document. ACTION REQUIRED If the Vacation of Drainage and Utility Easement was approved, the City Council is requested to accept the easement and approve the attached Quit Claim Deed. If the Vacation of Easement was not approved, then no action is required by the City Council. submitted, Associate Planner Attachments Location Map Dedication of Easement Exhibit Quit Claim Deed — Drainage and Utility Easement Cc: Anthony Szyplinski, 851 138th Ave NW, Andover, MN 55304 ANDOVER Site Location •�;.� ' LlR7i 43867 '1 ��` .�" 11_ � I iRRfi � 13856 1 t'�itn 1 0. 2 It•I � fl ;:;il _ 1. ;. ` It'�Ili • I ut ttt �� W. • s +t 1' t i �y e�`�, T f lQ • i.' 'eft' 1irl'u ,t..4 - �.�- �_ •i '.._ V • o VW 1�.f tt X11 / :uu• 1 tut 'I 1 n== ilb A • - Site Location -851 138th Ave NW Dale Created. February 21, 2020 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. SKETCH AND DESCRIPTION - PROPOSED EASEMENT -for- SZYPLINSKI CONSTRUCTION, INC. -of- 851 198th Ave NW Andover, MN NW C OF OUILOT A ._ I� Rae t 89'6 , "S 159,019 31'92'20"E ,..------------- -----------569e62 M-2 — ,a* <w P z q6 r SB9'S6'27'E '' GG 0& F i 6.00 oW l I w� I V 6 I I $ F E `--SOUIN LINE OF OUT -OT A a 0 gne DESCRIPTION OF PROPOSED EASEMENT A perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that port of said OuUot A, which Iles northerly, northeasterly, and easterly of the following described line: Commencing at the northwest corner of sold Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of sold Outlot A, a distance of 50.01 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 6.00 feet; thence North 46 degrees 43 minutes 54 seconds East, o distance of 30.11 feet; thence South 89 degrees 58 minutes 27 seconds East, a distance of 22.00 feet; thence South 44 degrees 11 GRAPHIC minutes 54 seconds East, a distance of 28.80 feet; thence 00 5 sSouth 00 degrees minutes 33 secondsWest, a distance CSSCALE of 79.86 feet to the south line of saidldO Outlet and sold S he line there terminating. 1 INCH = 30 FEET Except the east 13.1 feet of the west 18.5 feet of the south 17.0 feet of the north 26.0 feet thereof. Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Location: Andover, MN Scale 1"= 30' 1 Drawn By. BCD Project Manager: JER Job No.: 18587ED 0 Denotes Iron Set I • Denotes Iron Found Bearings shown are on an assumed datum. I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lawsBlip AV - R SON INC, of the State of Minnesota. Dated this 99th day of Jnnuary 2020. "*° Professional Lend Surveyors """ �'`°'" Lino Lake MtN I,�Es14uite 110 License No. 41578 s ntaFt>utaaod raaassetamt PERMANENT DRAINAGE, AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Anthony Szyplinski, an unmarried individual (herein referred to as "Grantor"), hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation, (herein referred to as "Grantee"), a permanent easement for drainage, and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incidental thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: See Exhibit A attached hereto and made a part hereof. Said easement is further described and identified on the Easement Exhibit B attached hereto and made a part hereof. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary, and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction of improvements and maintenance of the easement and improvements. Grantor covenants that he is the owner of the easement area and has the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in any way appertaining to the said Grantee, forever, for said drainage, and utility purposes. IN WITNESS WHEREOF, said Anthony Szyplinski has caused these presents to be signed by this _ day of . 2020. By: Anthony Szyplinski Total Consideration: One and 00/100 Dollars ($1.00) State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2020 by Anthony Szyplinski, an unmarried individual. Notary Public NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2020, the above described easement in this document. CITY OF ANDOVER Dated: 2020 By: THIS INSTRUMENT WAS DRAFTED BY: Hawkins & Baumgartner, P.A. 2140 4`h Avenue N. Anoka, MN 55303 (763)427-8877 EXHIBIT A A perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that part of said Outlot A, which lies northerly, northeasterly, and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 50.01 feet to the point of beginning of the line to be described; thence south 89 degrees 58 minutes 27 seconds East, a distance of 6.00 feet; thence North 46 degrees 43 minutes 54 seconds East, a distance of 30.11 feet; thence South 89 degrees 58 minutes 27 seconds East, a distance of 22.00 feet; thence South 44 degrees 11 minutes 54 seconds East, a distance of 28.80 feet; thence South 00 degrees 01 minutes 33 seconds West, a distance of 79.86 feet to the south line of said Outlot A and said line there terminating. Except the east 13.1 feet or the west 18.5 feet of the south 17.0 feet of the north 26.0 feet thereof. EXHIBIT B SKETCH AND DESCRIPTION - PROPOSED EASEMENT for- SZYPLINSKI CONSTRUCTION, INC. -of- 851 138th Ave NW Andover, MN '-NW GOPHER OF OUTLOT A co ' sir 589.68'27 E 159.109 I 1&5 - _rxcvnox � S1.3WROV '-24.78 --- ---- r $ �SOs'68_27J •� 22.00 ya/ �w S89-58 27-E a a -6.00 ^0 i pw S" 0 gip aQ el I 1 I 0---6WTN UNE OF WTLOT A a g�g70y91n 281 r DESCRIPTION OF PROPOSED EASEMENT A perpetual easement for drainage and ulllity purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota, Together with a perpetual easement for drainage and utility purposes over, under and across that part of said Outlot A, which lies northerly, northeasterly, and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 50.01 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 6.00 feet; thence North 46 degrees 43 minutes 54 seconds East, o distance of 30.11 feet; thence South 89 degrees 58 minutes 27 seconds East, o distance of 22.00 feet; thence South 44 degrees 11 GRAPHIC SCALE'' minutes 54 seconds East, a distance of 28.80 feet; thence 70 0 16 00 60 South 00 degrees 01 minutes 33 seconds West, a distance ---I of 79.86 feet to the south line of said Outlot A and said ---� line there terminating. 1 INCH = 30 FEET Except the east 13.1 feet of the west 18.5 feet of the south 17.0 feet of the north 26.0 feet thereof. Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Location: Andover, MN Scale 1"= 30' 1 Drown By BCD Project Manager: JER Job No.: 18587ED 0 Denotes Iron Set 1 • Denotes Iron Found Bearings shown are on an assumed datum. I hereby certify that thisPlan, survey or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lows E.ri_ BNn R SOMA IN& of the State of Minnesota. Dated this 29th day of Jnnunry 2020. - Professional Lend Surveyor9 License No. 41578 6778 Lake Drive NE Suite 110 Lino Lakes, MN 55414 UL(WO=4NM r (rsOWMI1 A c I T Y L6DjOW,R^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: James Dickinson, City Administrator SUBJECT: Consider Repealing City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (current code) and Consider Approving City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (new code with amendments) and Summary Ordinance Publication DATE: March 2, 2020 ACTION REQUESTED The Council is requested to Consider Repealing City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (current code) and Consider Approving City Code Title 5 Chapter 1: Animal Control, Article A: Dogs and Cats (new code with amendments). In addition, the Council is requested to approve the Summary Ordinance for Publication. The Staff review of the code was based on direction provided by the Council for City Staff to determine if the Animal Control Code (Dogs and Cats) could be an easier read and implementation of the code more streamlined. City Staff has compared the current code to State Statute and prepared an "Updated" Draft and a "Deletes and Relocations" Draft showing the changes that staff believed made for an easier read and implementation. The City Attorney also reviewed, and the updated draft reflects the City Attorney's edits. Due to the amount of relocations, if the updated draft was to move forward, staff recommended a repeal of the current code and then adoption of the new proposed code. The Council at the February 181h workshop meeting reviewed and provided comments on the potential changes and updating to the Animal Control (Dogs and Cats) Section of the Andover City Code. Discussion at that workshop focused on the proposed draft updating and realignment of the Animal Control code for an easier read and implementation. Also discussed was integrating from other code sections (Parks and Recreation Areas Title 8 Chapter 5) that limit dog/cat activity. submitted, - An Ordinance Repealing City Code Title 5: Police Regulations, Chapter 1: Animal Control Article A. Dogs and Cats - An Ordinance Adopting City Code Title 5: Police Regulations, Chapter 1: Animal Control Article A. Dogs and Cats - Summary Ordinance for Publication City Code Title 5: Police Regulations, Chapter 1: Animal Control Article A. Dogs and Cats CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 5: POLICE REGULATIONS, CHAPTER 1: ANIMAL CONTROL, ARTICLE A: DOGS AND CATS CHAPTER 1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS SECTION: 5-1A-1: Definitions 5-1A-2: Dog Licensing Requirements 5-1A-3: Number of Dogs and Cats Restricted 5-1A-4: Dog Enclosures 5-1A-5: Dog Kennels 5-1A-6: Nuisance Dogs and Cats 5-1A-7: Potentially Dangerous Dogs and Cats 5-1A-8: Dangerous Dogs and Cats 5-1A-9: Impoundment and Redemption Privileges 5-1A-10: Enforcement Officials 5-1A-11: Citations 5-1A-12: Violations; Penalties 5-1A-1: DEFINITIONS: ANIMAL SHELTER: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. BITING DOG: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied' invitation of the owner. DANGEROUS DOG/CAT: Any dog/cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property. B. Has killed a domestic animal without provocation while off the owners property. C. Has been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. DOG ENCLOSURE: An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6) in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4") in thickness shall be present that covers the inside and perimeter of the enclosure. FREQUENT BARKING: Barking intermittently for 30 minutes or more. HABITUAL BARKING: Barking for repeated intervals of at least five minutes with less than one minute of interruption. KENNEL; Any place where a person accepts dogs from the COMMERCIAL': general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein Z. KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein4. See also section 12-2-2 of this code, definition of "dog kennel, commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" 4 See title 12, chapter 7 of this code for fence requirements and restrictions. NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, nature preserves, open spaces, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, cooperation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody or control of an animal. POTENTIALLY DANGEROUS DOG/CAT: Any dog/cat that: A. When unprovoked, inflicts bite(s) on a human or domestic animal on public or private property. B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack. C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise 3 threatening the safety of humans or domestic animals. PROPER ENCLOSURE: Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. BODILY HARM: Bodily injury that involves a temporary but substantial or temporary disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member. UNPROVOKED: The condition in which an animal is not purposely excited, stimulated, agitated, or disturbed. 5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. 4 C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. D. License Fee; Expiration Of License: The license fee shall be in such amount as set forth by ordinance and shall expire in accordance with the date shown on the license receipt. E. Nonresidents Exempt: This section shall not apply to nonresidents of the city; provided, that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. F. Revoked Licenses: Any person who owns, keeps or harbors or is in physical custody of any dog within the city, for any period of time, which dog has had its license revoked, shall be in violation of this article. 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in any one -family residence unit or place of business except pursuant to Section 5-1A-13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one -family residence unit or place of business that is located on a parcel of land two and one-half (2.5) acres or less. 5-1A-4: DOG ENCLOSURES: A. Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. B. Screening: Dog enclosures must be screened from view of adjacent property. C. Location: A dog enclosure shall not be placed closer than forty feet (40') from an adjacent residential dwelling or principal structure and at least ten feet (10') from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4 single-family urban district, no dog enclosure shall be placed in the side yard. D. Sanitation Requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. E. Applicability And Effect Of Provisions: This section shall be applicable to all dog 5 enclosures constructed after July 18, 1995. Any preexisting dog enclosure for which the city receives a complaint that it is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this section by a notice of compliance being given by the City Administrator or his/her duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be a violation of this article. 5-1A-5: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this article and/or the zoning ordinance' . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs 2 . (6) Method to be used in keeping the premises in a sanitary condition. (7) Method to be used in keeping dogs quiet. (8) An agreement by the applicant that the premises may be inspected by the city at all reasonable times. b. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed in Subsection A2a of this section to protect the health, safety, general welfare and morals of the general public. I See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. 2 c. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee that shall be as set in Subsection 1-7-3A of this code. 3. Approval Or Denial Of Licenses: The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in the zoning ordinance. In both cases, the City Council may grant or deny the license. 4. Renewal Of Licenses: All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee, which annual license fee shall be in such amount as set forth by ordinance. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private/Commercial Kennel Licenses: A minimum of two and one-half (2.5) acres in a residentially zoned district is required for a private/commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private/commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. a. Private Kennel License: Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. b. Commercial Kennel License: A commercial kennel license may be revoked by the City Council by the procedure established and defined in the zoning ordinance. B. Kennel Regulations: Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this article, or any health or sanitary regulation of the city, at all reasonable times. . 5-1A-6: NUISANCE DOGS AND CATS A. Obligation to Prevent Nuisances: It shall be the obligation and responsibility of 7 the owner or custodian of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. B. Control of Animal: No restriction imposed by Section 5-1A-6 of this article shall prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by an individual or accompanied by and under the control and direction of an individual so as to be effectively restrained by command as by leash. Dogs or cats that are in city parks, open space areas, nature preserves, or are on or directly adjacent to athletic fields must be leashed. Owners are required to clean up and dispose of their pet's excrement. C. Muzzling Proclamation: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, shall be considered a nuisance, and the owner of such dog shall be subject to the penalty hereinafter provided. D. Nuisances Prohibited: No dog or cat shall be permitted to be a nuisance within the limits of the city. Any person, who owns, keeps, harbors or is in physical control of a dog or cat that is a nuisance shall be in violation of this article. E. Abatement of Nuisance Conditions: Nuisances Subject to Abatement: The following are declared nuisances subject to immediate abatement by resolution of the City Council: a. Any dog/cat that has, without provocation, inflicted "substantial bodily harm" as defined by Minnesota State Statute; or b. Any dog/cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as "established" by the City Council, or which results in conviction in a court of competent jurisdiction; or c. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon prior incident, that the dog/cat is a "dangerous dog/cat' as defined by this article. N 2. Placement On Council Agenda: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. 3. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. 4. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty - (30) days of the order shall be assessed against the owner's property. b. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. c. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive relief and may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order F. Summary Destruction of Certain Dogs: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. 5-1A-7: POTENTIALLY DANGEROUS DOGS AND CATS: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriffs Deputy, animal control officer, or other duly authorized person, occurred under circumstances which would justify the classification of the dog/cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog/cat, in writing, that the dog/cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the 9 safety of humans or domestic animals, the city may declare the dog/cat to be a dangerous dog/cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog/cat to the City Clerk. 5-1A-8: DANGEROUS DOGS AND CATS: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a dangerous dog/cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog/cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a dangerous dog/cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1A-1 of this article, definition of the term "dangerous dog/cat", have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog/cat is classified as a dangerous dog/cat, the following shall apply: A. The owner of the dog/cat shall be notified in writing and by certified mail or personal service, that the dog/cat has been classified as a dangerous dog/cat and shall be furnished with a copy of the resolution. B. If the dog/cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shall be notified that the dog/cat license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog/cat, or makes the dog/cat available for the taking of photographs by city staff for insertion in the permanent files. C. The City Clerk shall maintain a permanent file of all dogs/cats classified as dangerous dogs/cats indexed under the owner's name. D. No person may own a dangerous dog/cat in the city unless the owner complies with this section. The animal control authority of the city may charge the owner an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration for a dangerous dog/cat under this section. A dangerous dog/cat registered under this section must have a standardized, easily identifiable tag identifying the dog/cat as dangerous and containing the uniform dangerous dog symbol, affixed to the dog/cat's collar at all times. The owner of the dangerous dog/cat must comply with the following provisions and present sufficient evidence of compliance with them: 1. A proper enclosure exists for the dangerous dog/cat and a posting on 10 the premises with a clearly visible warning sign that there is a dangerous dog/cat on the property, including a warning symbol to inform children; and 2. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. 3. The owner has paid an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration from the city for a dangerous dog/cat. 4. The owner has had microchip identification implanted in the dangerous dog/cat as required under Minnesota Statues Section 347.515. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. If the dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. 6. The animal control authority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog/cat is not maintained in the proper enclosure; 4) the dog/cat is outside the proper enclosure and not under physical restraint of a responsible individual; 5) the dog is not sterilized within 30 days, pursuant to city code section 5-1A-11 A 4.j. If the owner of a dog/cat is convicted of a crime for which the dog/cat was originally seized, they may order that the dog/cat be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog/cat. 11 7. If the animal control authority for the city issues a certificate of registration to the owner of a dangerous dog/cat, the animal control authority requires posting of the owner's property with a warning symbol to inform children that there is a dangerous dog/cat on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. 8. An owner of a dangerous dog/cat must renew the registration of the dangerous dog/cat annually until the dog/cat is deceased. If the dog/cat is removed from the city, it must be registered as a dangerous dog/cat in its new jurisdiction. 9. An owner of a dangerous dog/cat must notify the animal control authority of the city in writing of the death of the dog/cat or its transfer to a new location where the dog/cat will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog/cat's death or disposition or the complete name, address, and telephone number of the person to whom the dog/cat has been transferred or the address where the dog/cat has been relocated. 10. The animal control authority of the city shall require a dangerous dog/cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may seize the dog/cat and have it sterilized at the owner's expense. 11.A person who owns a dangerous dog/cat and who rents property from another where the dog/cat will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog/cat that will reside at the property. 12.A person who transfers ownership of a dangerous dog/cat must notify the new owner that the animal control authority has identified the dog/cat as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number. E. All provisions of Minnesota State Statute Sections 347.54, 347.541, 347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure, disposition of seized animals, restrictions on dog ownership, penalties, and destruction of dogs in certain 12 circumstances. F. The following are exceptions to the dangerous dog/cat classification: 1. The provisions of this section do not apply to dangerous dogs/cats used by law enforcement officials for official work. 2. Dogs/cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. G. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. 5-1A-9: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any 'officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog/cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog/cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that any human being has been bitten by any dog/cat within the city, he/she shall ascertain the identity of such dog/cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such 13 dog/cat as required herein. If in the opinion of such peace officer, dog/cat catcher, or other authorized person, the owner of such a dog/cat cannot or will not so impound the dog/cat, such peace officer, dog/cat catcher, or other authorized person shall transport such dog/cat to the pound under contract to the city. Any dog/cat so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog/cat bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog/cat, if such owner can be found, which costs shall be as stated for impounding and confinement elsewhere in this article. b. Upon learning that a dog/cat has bitten a human being, the peace officer, dog/cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him/her of the place where the dog/cat is impounded. It shall be the duty of the City Health Officer to inspect said dog/cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog/cat may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog/cat is kept at all reasonable hours, and may take possession of the dog/cat and confine it at such place as he/she deems appropriate at the expense of the owner. c. If an owner has impounded a dog/cat pursuant to the request of a peace officer, dog/cat catcher, or other authorized person, the owner shall promptly transport said dog/cat to the pound under contract to the city for the purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog/cat catcher or other authorized person to transport the dog/cat to the contract pound, the owner shall be in violation of this article. B. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CAT. Date 20 To whom it may concern: We have this day taken up and impounded in the pound of the city at , a dog/cat answering the following description: sex_ color breed approximate age name of owner (if known) Notice is hereby given that unless said dog/cat is claimed and redeemed on orbefore o'clock_ .M., on the day of , 20_ , the 14 same will be sold or humanely destroyed as provided by ordinance. Signed.- Animal igned: Animal control officer/city official 2. Written Notice: If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. 3. Effect Of Notices: The date of sale or humane destruction of the dog or cat shall be the sixth day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case, it shall be the following day. C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by contract with the city's animal control officer. Notwithstanding this subsection, the owner shall remain subject to all penalties contained in this article. D. Disposition Of Unclaimed Dogs And Cats: 1. Sale: Any dog or cat which is not claimed as provided in Subsection B of this section, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota state law. All sums received from the sale of dogs or cats under this subsection shall be deposited into the general fund of the city. 2. Destruction: Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the animal control officer. 5-1A-10: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. 5-1A-11: CITATIONS: The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this article. 5-1A-12: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be 15 punished as defined by state law. Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor 16 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX AN ORDINANCE REPEALLING CITY CODE TITLE 5: POLICE REGULATIONS, CHAPTER 1: ANIMAL CONTROL, ARTICLE A: DOGS AND CATS 17 . .. �- . ' - ■_ .. w - - .. - 17 - • _ . . . - - - OVA . . . 5WAVAWAIN - • - ��yy{{��IRT_'1:f�. RMI" .. w".ml - - PON II • - - • _ . . . - - - OVA . . . 5WAVAWAIN - • - - - PON II • - • 1 I 1 I I See also section 12-2-2 of this code, definition of "dog kennel, commercial'. fln .ngA11IN 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" ^ See title 12, chapter 7 of this code for fence requirements and restrictions. 19 20 .-. .. - - - - .. „• ., • - - - - ----------- 'V"- - - 20 1 See subsection 1-7-3A of this code. 21 -0 WOW .. .. .. .. � ., -. 1 See subsection 1-7-3A of this code. 21 -0 WOW - - .. .. � ., -. 1 See subsection 1-7-3A of this code. 21 22 .. ATARI - - - - ------ - lli- - 22 - - - - ------ - 22 ...: _ 23 "I rMoMmill 7-2, W.0112-70,11RIVIA ............... . .. 24 7-2, W.0112-70,11RIVIA ............... .. 24 .. . -. -._jtq MN — — Z. —— 1, - - - MN — — Z. —— FA�m ... .. WOM —PM— -- —MARM !a lam 25 27 I e eel .. .� . eM IN .. ..iiikillillifitkilif , .. r-WAr."-r.r.r-rMff#JWJW2T!iWAk77. ------------------------- 27 I - - - - _ M- _ _ - _ _ 1 See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. 30 MMMIMIN - - -I r MWX - - .. ._E-F-IFAIX_ 1 See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. 30 A= 10 PM rmwmlam. ......... ON m =0 10-1 11 1-1 1 See subsection 1-7-3A of this code. 31 MMMITRIM IrA 1 See subsection 1-7-3A of this code. 31 32 . . -M--, O UCTTTWE .. - 33 - — F,Mtslqn - .. .. - -- 'Tr . . -M--, O UCTTTWE .. - 33 - — F,Mtslqn . . -M--, O UCTTTWE .. - 33 Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor 34 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 5: POLICE REGULATIONS, CHAPTER 1: ANIMAL CONTROL, ARTICLE A: DOGS AND CATS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The existing language of City Code Title 5, Chapter 1, Article A was repealed and replaced with revised language under the same name. Revised language added clarification for procedures on dangerous dogs, better aligned the Ordinance with State Statute and restructured the existing City Code into a more logical order. All City policies contained within the existing Ordinance remain in effect as previously legislated. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST: Michelle Harmer, City Clerk CITY OF ANDOVER Julie Trude, Mayor 35 l , • / rw i.E / 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: Consider Resolution Accepting Resignation and Declaring a Council Member Vacancy DATE: March 2, 2020 ACTION REQUESTED The Andover City Council is requested to approve the attached Resolution Accepting Resignation and Declaring a Council Member Vacancy. In addition, the Council is requested to provide direction to City Administration on how the Council would like to fill the vacancy. DISCUSSION On February 26, 2020 City Administration was provided a written resignation from the Andover City Council from Mike Knight (attached). Mike Knight was serving in his 36th year on the Andover City Council, the term of Mr. Knight's council seat was set to expired January 5, 2021. ,4 ecepting Resignation /DeclarinVacancy: When an elected public official provides a written resignation to a city council, pursuant to Minn. Stat. 351 and guidance provided by the League of Minnesota Cities (attached), the council should pass a resolution accepting the resignation and decaling that a vacancy exists. A resolution Accepting Resignation and Declaring a Council Member Vacancy is attached for the Council to consider. Filling Vacancy Pursuant to Minn. Stat. 412.02 and guidance provided by the League of Minnesota Cities (attached) a vacancy in an office shall be filled by appointment until an election is held. In this case since the vacancy occurs with less than two years remaining in the term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor via the November 2020 general election. Council direction is sought on how to proceed with filling the vacancy. submitted, -Resignation Letter -Resolution Accepting Resignation and Declaring a Council Member Vacancy -Minn. Statutes and League of Minnesota Cites guidance excerpts February 26, 2020 Mike Knight 4660 175th Ave NW Andover, MN 55304 Andover City Council Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Andover City Council, Please accept this letter as a formal notification of my resignation from my council member position on the Andover City Council effective _Q u n , 4 & LI ZO '-2-0 I have enjoyed serving on the Andover City Council the past 36 plus years. Sincerely, J�4<l��` Mike Knight CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 1 C7_1.` CD11 A RESOLUTION ACCEPTING A RESIGNATION AND DECLARING A COUNCIL MEMBER VACANCY. WHEREAS, the Andover City Council has received the written resignation of Council Member Mike Knight effective on February 29, 2020. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA AS FOLLOWS: 1. The council accepts Mike Knight's resignation as described above. The council declares that a council member vacancy exists on the council effective on March 2nd, 2020. Passed by the City Council of Andover, Minnesota this 211 day of March, 2020. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk RELEVANT LINKS: Minn. Stat. § 205.16, subd. 3. At least two weeks before the election, the clerk must also prepare a sample ballot and make them available for public inspection in the clerk's office. _III. Filling Vacancies in Elective Offices Minn. Stat. § 412.02, subd. When a vacancy occurs in a statutory city Council, the statutes nroyide that Minn. Stat. § 205. 10, subd. 2.L vacancy "shall" be filled b appointment, enerally indicating,that the M6inn. stat. § 645.44, subd. action Is mandatory. The attorney general has held that It Is mandatory to A.G. Op. 471-M (Oct. 18, 1 vacancies in office. In certain situations, the city must hold a special 1951). election in addition to making an appointment. When a special election is necessary, the council must appoint a person to Handbook, Elected Officials and Council Structure and hold the vacant position until voters elect a candidate to serve in that Role• position at the special election. Procedurally, the council should adopt a Accepting Council Member resolution that declares the vacancy. After considering interested and Resignation and Declaring a qualified residents, the council must appoint an eligible person to fill the Vacancy, LMC Model Resolution. vacancy. Where appropriate, the city council then calls for a special election. A. Determining need Minn. Stat. § 412.02, subd. In deciding whether a special election is necessary in a statutory city, look 2a. Handbook, Elected Officials at when the vacancy occurred, and the amount of time left on the and Council Structure and unexpired term. To determine if a special election is necessary, the city Role, Section I-E; Section I- F. must answer the following two questions: • Did the vacancy occur before the first day to file affidavits of candidacy for the next regular city election? • Do more than two years remain in the unexpired term? Minn. Stat. § 412.02, solid. When the answer to both questions is "yes," a special election to fill the 2a. Handbook, Elected Officials vacancy is necessary. If the answer to either or both of these questions is and Council Structure and "no," a special election is not necessary. Where no special election is Role, Section I-E; Section I- F. necessary, the appointed person serves for the duration of the term. Minn. Stat. § 205.02, subs. 2. In a charter city, look to the charter to determine how a vacancy should be Minn. Stat. § 205.10. A.G. op. 63-A-11 (Dec. 20, filled. City charter provisions may govern how to fill the vacancy over 1966). general state law. For example, if a charter provides that a vacancy is filled A.G. Op. 63-A-1I (April 24, 1979). by appointing a replacement for the remainder of the term (regardless of Minn. stat. § 205.02. when the vacancy occurs or how much time is left on the term), the charter provision overrides the requirement in state law that calls for a special election. Certain election law provisions do not apply to charter cities, so charter cities should work with their city attorney on election issues. League of Minnesota Cities Information Memo: 7/2/2019 City Special Elections Page 3 RELEVANT LINKS: See Minn. Const. art. V, § 6. Minn. Stat. § 358.06. Sample Oath of Office and Acceptance, Minnesota Secretary of State. Minn. Stat. § 358.08. Minn. Stat. § 358.09. Minn. Stat § 358.10. Minn. Stat. § 358.52, subd. 6. Minn. Stat. § 358.11(3). LMClT Property, Crime, Bond, and Petrofund Coverage Guide, Section VII -A, Bond coverage. Minn. Const. art. VII, § 6. Minn. Const. an. X11, §§ 3, 4. Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995). Minn. Stat. § 351.02. kt"o%dC1 Minn. Star. § 351.02(l),(8). Minn. Stat § 351.02(2). Minn. Stat. § 351.01, subd. I. The required oath is: "I, (name), do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (insert brief description of office) of the city of (insert city), Minnesota, to the best of my judgment and ability, so help me God." If the officer objects to an oath on religious grounds, the word "affirm" can substitute for the word "swear," and the phrase "and this I do under the penalties of perjury" can substitute for the phrase "so help me God." Any person with authority to take and certify acknowledgments may administer the oath, including the city clerk, a justice of the peace, a notary public, or a register of deeds. The candidate taking the oath must lift his or her hand while reciting the oath. The candidate qualifying for office must take the oath and sign a copy of the oath in the presence of the administering official. The signed copy should go to the city clerk for filing. City assessors should file their copy with the county auditor. If an officer must also submit a bond, the oath should be attached to the bond and both documents should go to the council for approval and then to the clerk for filing. The LMCIT memo linked at left contains information on which public officers must or may be bonded. D. Term limits The Minnesota Constitution establishes the eligibility requirements for public office without authorizing the adoption of additional requirements. Therefore, a charter city may not enact term limits as an eligibility requirement. C,/ Varanrlp_C Vacancies in an elective office in a statutory or home rule charter city may occur for the following reasons: 1. Death The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office, the vacancy exists from the date the term would have started. 20 Resignation - A resigning elected public official must submit a written resignation to the council. After receiving a resignation the council should pass a resolution stating it has received and accepted the resignation, and declaring that a vacancy exists. League of Minnesota Cities Handbook for Minnesota Cities 7/10/2019 Elected Officials and Council Structure and Role Chapter 6 1 Page 5 RELEVANT LINKS: Minn. Stat. § 351.01, subds. Unless the resignation expressly states it is to take effect at a future date, 2, 3, and 4. See informal A.G. letter opinion dated the resignation will be effective when received by the council. If the Mar. 3, 2003 (advising that resignation states it takes effect on a specified date, the vacancy occurs on Minnesota law does not require that a written that date if it has been received by the council or other official authorized resignation be "received" by by the council to receive documents on its behalf even if the council has the council during a formal meeting in order to be not formally accepted it at a council meeting. To withdraw a prospective effective). resignation, the resigning officer must submit a written statement of withdrawal in the same manner as the resignation. In order to be effective, the withdrawal must be received before the council accepts the resignation by resolution or before an officer authorized to receive it has issued a written acceptance. 3. Removal by operation of law hi most situations, it is not possible to remove statutory elected officials before the end of their terms, for cause or otherwise. Cities should consult with their city attorneys before attempting removal of any elected official. Statutory city voters have no recall authority. Some home rule charters, however, give voters this option, but there remains some question as to whether this type of charter provision is constitutional. Minn. Star. § 351.02(5). In certain situations, removal by operation of law can occur. A vacancy A.G. Op. 490D (Nov. 18, 1952). Minn. star. § 609.02, occurs if an elected official is convicted of any "infamous" crime. An subd. 2. Minn. stat. § 609.42. infamous crime is a felony, that is, a crime for which a sentence of imprisonment for more than one year may be imposed. For example, bribery is a felony. Thus, a bribery conviction would result in the elected official's immediate removal from office. hi addition, any public officer convicted of bribery is forever disqualified from holding public office. Minn. Stat. § 609.43. Minn. Misconduct of a public officer or employee, as defined by law, is a gross Stat. § 609.02, subd. 4. misdemeanor. Therefore, a misconduct conviction is not an infamous crime, and does not automatically result in an elected official's removal from office. Minn. stat. § 351.02(5). A vacancy does occur, however, when an elected official is convicted of Minn. Stat. § 358.05. Minn. Const. art. v, § 6. an offense involving a violation of the individual's official oath. Many See, Minn. star. §§ 609.415- offenses that are not felonies or "infamous" crimes may involve a violation .475. of an individual's oath and may result in a vacancy upon conviction. Minn. Stat. § 13D.06, subd. A vacancy also occurs if a councilmember is found to have intentionally 3. Brown v. Cannon Falls Twp., 723 N.W.2d 31 (Minn. violated the open meeting law in at least three separate court actions. If a App. 2006); Funk it court finds a third separate, intentional violation, it must declare the O'Connor, 916 N.W.2d 319 (Minn. 2018). position vacant and notify the appointing authority or clerk. League of Minnesota Cities Handbook for Minnesota Cities 7/10/2019 Elected Officials and Council Structure and Role Chapter 6 1 Page 6 RELEVANT LINKS: 4. Termination of city residency Minn. stat. 3 351.02(4). A vacancy occurs when a city councilmember ceases to be a resident of A.G. Op. 126-h (Oct. 19, 1955). the city. Residence is a factual question the council must determine in each case. Voting in the city is only one indication of residence. The office holder's intent and availability to perform official duties are additional criteria that should be considered. A councilmember becomes a non-resident when the property where the councilmember lives is detached from the city. 5. Failure to qualify for office Minn. stat. 3 351.02(6). An elected official may fail to qualify for office by refusing or neglecting to take the oath of office, to give or renew an official bond, or to deposit such oath or bond within the time prescribed by law. This type of vacancy is not automatic. A newly elected official may qualify at any time prior to the council declaring the office vacant. 6. Abandonment A.G. Op. 99 (Aug. 26,1920). Whether an abandonment of office actually occurs is difficult to determine. The intent of the office holder is the controlling factor. The attorney general, while cautioning that this is a question of fact, has indicated that failure to participate in council activities for three months is sufficient grounds for declaring an abandonment of office. 7. 90 -day absence rule Minn. stat. 3 412.02, subd. A vacancy in the office of mayor or councilmember may be declared by 2b. the council when the office holder is unable to serve in the office or to attend council meetings for a 90 -day period because of illness, or because of absence from or refusal to attend council meetings. If any of the preceding conditions occur, the council may, by resolution, declare a vacancy and then fill it at a regular or special council meeting. The appointed councilmember will serve for the remainder of the unexpired term, or until the absent councilmember is again able to resume duties and attend council meetings, whichever is earlier. When the absent councilmember is able to resume duties and attend council meetings, the council shall, by resolution, remove the temporary office holder and restore the original office holder. 8. Qualifying for a second or incompatible office See LMC information mean, If an officer accepts a second office that is incompatible with the first, the Oficial Conflict of Interest for more information. first office is automatically vacated. (Section J of this chapter discusses incompatible offices in more detail). League of Minnesota Cities Handbook for Minnesota Cities 7/1012019 Elected Officials and Council Structure and Rale Chapter 6 1 Page 7 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/10/2019 Elected Officials and Council Structure and Role Chapter 6 1 Page 8 9. Expiration of elected term Minn. Stat. § 412.02, subd. 2. Generally, the vacancy occurring at the conclusion of an incumbent's term Minn. Stat. § 205.07, subd. la. of office is filled immediately by the successor. If no one has been elected, the incumbent fills the office until the council appoints a successor and that person qualifies for the office. 10. Habitual drunkenness Minn. stat. § 351.07. State law provides that the habitual drunkenness of any person holding office is good cause for removal from office. ® Eillina vacancies Minn. Stat. § 412.�0�7.}, subd. 2a. 16i` rtiM While a council might identify and declare the facts giving rise to a A.G. Op. 59a-30 (July 24, vacancy, for all practical purposes they occur automatically and are not 1996). based upon any removal action. Because the dell must fill vacancil~,J, See Accepting Council elective offices, it should determine whether a vacancy exists. After Member Resignation and Declaring a Yacancy, LMC in esti atino the facts, the council shoulc pass a resolution declaringa --- a _.. _�..__.-..._ ._ Model Resolution. vacancy and then fill it as soon as possible. Minn. stat. § 412.02, subd. State law provides that statutory city councils make the appointment to fill 2a. a vacancy, except in the case of a tie vote when the mayor makes the A.G. Op. 471-M (OcL 30, 1986). appointment. That means all members of the council, including the mayor, can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment. State law does not place any limitation on a mayor's ability to make an appointment in the case of a tie vote. As a result, the mayor can appoint Minn. stat. § 412.121. Minn. any qualified person willing to fill the vacancy even if that person was not Slat. § 471.46. the subject of the original appointment vote. If the vacancy is for the mayor's office and the council casts a tie vote, the acting mayor should make the appointment. The acting mayor may not, however, appoint himself or herself. Minn. Const. art. vll, § 6. The council may appoint any individual who is eligible for election to that office. Generally, to be eligible a person must be a U.S. citizen, a resident of the city, a qualified city voter, and at least 21 years old. The council is not obligated to appoint any candidate previously defeated in an election for the office. Minn. stat. § 415.15. A.G. Op. 471-M (Dec. 27, A resigning councilmember may not vote on the appointment of the 1977). successor to that vacancy. A councilmember who is elected mayor, however, may participate in the appointment vote to fill the vacancy in his or her former council position. League of Minnesota Cities Handbook for Minnesota Cities 7/10/2019 Elected Officials and Council Structure and Role Chapter 6 1 Page 8 RELEVANT LINKS: Minn. Stat § 412.02, subd. Under certain circumstances, individuals appointed to fill council 2a. vacancies serve on a temporary basis, and the city must hold a special election to elect a permanent replacement to fill the vacancy. Two factors determine whether an election is required: first, whether filing has opened for the next regular city election, and second, the length of the unexpired portion of the term at the time of the vacancy. Minn. Stat § 412.02, subd. If the vacancy occurs on or after the, first day to file as a candidate for the 2a. _ .. .. _.. _. ..._ next regular city election or if less than two years remain in the unexpired term, the ty o� need to hold a_special elections and the appointed person can serve out the remainder of the unexpired term. In the alterna tve, if the vacancy occurs before the first day to file as a candidate for the next regular city election and more than two years remain in the unexpired term, the city must hold a special election to fill the council vacancy at or before the next regular city election, and the person elected will serve out the remainder of the unexpired term. Minn. Stat. § 412.02, subd. If the council chooses to hold a special election to fill a vacancy at a time 2a. See LMC information memo, Ciry Special other than at the regular city election, it must first adopt an ordinance Elections, for more specifying the circumstances under which such an election will be held. information. Minn. Srat. § 412.02, subd. 2. State law generally provides that the terms of elected city officials begin Minn. Stat. § 205.07, subd. 1a. A.G. op. 471-M (Nov. on the first Monday in January following the election. However, the 23, 1999). attorney general has advised that a person elected to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate. G. Councilmembers ineligible to fill certain vacancies Minn. Stat § 471.46. City councilmembers, including mayors and elected clerks, may not be considered to fill vacancies in other city elective offices if the council has the power to make the appointment to fill the vacancy. This rule applies even if a councilmember resigns the position on the council before the council makes the appointment. An exception to this rule is that the council may appoint one of its members to the office of either mayor or clerk. In such a case, the councilmember being considered for the appointment may not vote. H. Gifts Minn. stat. § 471.895. Minn. Stat. § IOA.071, subd. Elected and appointed "local officials" are generally prohibited from 1. Minn. stat. § 471.895, accepting gifts from "interested persons." A "gift" is defined as money, subd. 1(b). real or personal property, a service, a loan, a forbearance or forgiveness of debt, or a promise of future employment, that is given and received without the giver receiving something of equal or greater value in return. League of Minnesota Cities Handbook for Minnesota Cities 7 /1 012 01 9 Elected Officials and Council Structure and Role Chapter 6 1 Page 9 MINNESOTA STATUTES 2019 351.01 351.01 RESIGNATIONS. Subdivision 1. To whom made. Resignations shall be made in writing signed by the resigning officer: (1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy; (2) By appointive officers, to the body, board, or officer appointing them, unless otherwise specially provided. Subd. 2. When effective. Except as provided by subdivision 3 or other express provision of law or charter to the contrary, a resignation is effective when it is received by the officer, body, or board authorized to receive it. Subd. 3. Contingent resignations prohibited; exception. (a) Except as provided in paragraph (b), no resignation may be made to take effect upon the occurrence of a future contingency. Statements explaining the reasons for a resignation must not be considered to be contingencies unless expressly stated as contingencies. (b) A resignation may be made expressly to take effect at a stated future date. Unless it is withdrawn as provided under subdivision 4, a resignation is effective at 12:01 a.m. on the stated date. Subd. 4. Withdrawal of resignation. A prospective resignation permitted by subdivision 3 may only be withdrawn by a written statement signed by the officer and submitted in the same manner as the resignation, and may only be withdrawn before it has been accepted by resolution of the body or board or before a written acceptance of the resignation by an officer authorized to receive it. History: (6952) RL s 2666; 1987 c 200 s 2; 2004 c 293 art 2 s 44 Copyright C 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 351.02 VACANCIES. MINNESOTA STATUTES 2019 351.02 before the (1) the death of the incumbent; (2) the incumbent's resienation: (3) the incumbent's removal; (4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged; (5) the incumbent's conviction of any infamous crime, or of any offense involving a violation of the official oath; (6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed; (7) the decision of a competent tribunal declaring the incumbent's election or appointment void; (8) the death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived. History: (6953) RL s 2667; 1973 c 123 art 5 s 7; 1986 c 444 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2019 412.02 412.02 MS 1945 [Repealed, 1949 c 119 s 1101 412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES. Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Officer Number of Year Elected Years in Term City Elected Mayor Two or four Every two years except where four Every statutory city years is otherwise provided pursuant to statute Clerk Four Every four years in year when Every statutory standard plan treasurer is not elected city in which there is no clerk -treasurer Treasurer Four Every four years in year in which Every statutory standard plan clerk is not elected city in which there is no clerk -treasurer Clerk- Four Every four years in year in which one Every statutory standard plan Treasurer council member is elected city where such office exists pursuant to subdivision 3 Three Council Four Two every four years and one in Every statutory standard plan members alternative election city with a council of five Four Council Four Two each election Every statutory optional plan members city with a council of five Five Council Four Three every four years and two in Every statutory standard plan members alternative election city with a council of seven Six Council Four Three each election Every statutory optional plan members city with a council of seven Subd. l a. City council; city employees. Neither the mayor nor any city council member may be employed by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as defined by the city's employment policy. Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify. Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 412.02 MINNESOTA STATUTES 2019 serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file all idavits of candidacy for the regular city election ars remainin the or when less than two yeunexpired term, therc need not be a special election to fill the vacancy and the appointedy2gQpj,ezxc until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90 -day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. Subd. 3. Clerk, treasurer combined; audit standards. (a) In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk -treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk -treasurer or a duly appointed deputy. The offices of clerk and treasurer may be reestablished by ordinance. (b) If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is the amount in paragraph (c), or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. (c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce. Subd. 4. [Repealed, 1973 c 34 s 7] Subd. 5. [Repealed, 1983 c 359 s 151] Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule. History: 1959 e 675 art 6s 30; 1961 c 230 s 1; 1963 c 799 s 5;1963 c 811 s 1; 1965 c 417s 14; 1967 c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s 1 subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c 337s 5; 1976 c 2 s Copyright C 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2019 412.02 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2; 2010 c 206 s 2 Copyright 0 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. goo 0 L,.rJum 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report March 2, 2020 The City Administrator and Department Heads present at the meeting will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. City Department Activities 2. Update on Development/CIP Projects 3. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. submitted,