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CC - August 4, 2020
NDO`E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 4, 2020 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/21/20 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs/Order Advertisement for Bids/20-17/Public Works Pavement Reconstruction - Engineering 4. Accept Resignation/Joy Faherty/Appoint Ryan Ingebritson to Vice Chairperson/Open Space Advisory Commission (OSAC) — Engineering 5. Approve Change Order #1/20-3/2020 Crack Sealing - Engineering 6. Approve Extension of Liquor License —Administration 7. Approve COVED Grant Program —Planning 8. Approve Funds Transfer & Budget Amendments/Road & Bridge Capital Projects Funds (CPF) - Finance Discussion Items 9. Public Hearing -Consider Classifying Dangerous Dog/13934 Ivywood Street —Administration 10. Public Hearing -Consider Vacation of Drainage and Utility Easements and Acceptance of new Drainage and Utility Easements -16523 Orchid Street NW / 3290 165' Lane NW — Planning Staff Items 11. COVID-19 Update - Administration 12. Administrator Report—Administration Mayor/Council Input Adjournment Note: Some or all members of the Andover City Council may participate in the August 4, 2020 City Council meeting by telephone or video conference rather than by being personally present at the City Council's regular meeting place at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN 55304. Members of the public can physically attend, although there is very limited seating in the City Council Chambers as appropriate social distancing will be done by the Council and visitors. Y 0 F O V �%E 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 Clem SUBJECT: Approval of Minutes DATE: August 4, 2020 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: July 21, 2020 DISCUSSION The minutes are attached for your review. ACTION REQUIRED Regular The City Council is requested to approve the above minutes. cReesppeec'tflully submitted, Michelle Harmer Deputy City Clerk Attach: Minutes (D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 REGULAR ANDOVER CITY COUNCIL MEETING — JULY21, 2020 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Trude, July 21, 2020, 7:07 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Valerie Holthus, Jamie Barthel, and Ted Butler Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish City Attorney, Scott Baumgartner Others PLEDGE OFALLEGL4NCE RESIDENT FORUM Representative Peggy Scott Act) dollars which will be gi; cities have a closer; relations a productive way of allocath a resource for COVID respo for their outreach to and s ions to assist in Noah Lutsey wanted to int AGENDA APPROVAL d and spoke on the Coronavirus Relief Funds (CARES .ies for allocation in part to local businesses. She stated Finesses than the State and the State determined this is ;presentative Scott stated she is available to the City as other issues related to Andover. She thanked the City )cal businesses during this trying time and making .ons and reopening. Council. that he is running for County Commissioner and Motion by Barthel, Seconded by Bukkila, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES June 16, 2020 Regular Meeting: Correct as written. Motion by Butler, Seconded by Barthel, to approve the June 16, 2020 Regular meeting minutes Regular Andover City Council Meeting Minutes —July 21, 2020 Page 2 1 as presented. Motion carried unanimously. 2 June 30, 2020 Workshop Meeting: 4 Mayor asked for a change page 5, line 3: add the word "all" in front of "apartments". 5 6 Motion by Holthus, Seconded by Barthel, to approve the June 30, 2020 Workshop meeting 7 minutes as amended. Motion carried unanimously. 9 July 7, 2020 Regular Meeting: Correct as written. 10 11 Motion by Bukkila, Seconded by Barthel, to approve the July 7, 2020 Regular meeting minutes 12 as presented. Motion carried unanimously. 13 14 CONSENT ITEMS 15 16 Item 2 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Item 3 Item 4 Item 5 Item 6 Approve Payment of Claims Approve Debt Service Payments Approve JPA/Coon Creek Park Stream Restoration Project/20-28 Approve Resolution/No Parking Wintergreen Street NW/Country Addition (See Resolution R051-20) Approve Appointment - Building Permit Technician Item 7 Approve Appointment - Receptionist/Building Permit Technician Item 8 Receive June 2020 Budget Progress Report Item 9 Receive June 2020 City Investment Reports Item 10 Approve 2020 Used Vehicle Sale Business License Item 11 Approve Final Plat/Catchers Creek West (See Resolution R052-20) Item 12 Approve Date Change/Exempt Permit/Rum River MDHA Oaks North 41h Motion by Butler, Seconded by Barthel, to approve the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T Commander Paul Lenzmeier provided a monthly report for June stating the Department responded to 1,478 calls for service and 135 CSO calls, resulting in 2 burglaries, 17 thefts, and 3 DWI arrests 2 domestic assault arrests. Commander Lenzmeier highlighted several significant events occurring during the month of June. He stated on June 7th, Deputies responded to a 39 -year-old male not breathing. The individual passed away and Deputies found drugs on the premises. Commander Lenzmeier detailed the three DWI arrests made in Andover, one in which resulted in an injury to a Deputy. He informed Council that Investigators made several arrests in an assault that occurred on June 12th at Sunshine Park. Mayor Trude asked if young people were continuing to hang out at parks. Commander Lenzmeier stated teen activity at parks has gone down. Regular Andover City Council Meeting Minutes —July 21, 2020 Page 3 CONSIDER AMENDMENT TO CITY CODE TITLE 12, CHAPTER 2: RULES AND DEFINITIONS AND CITY CODE TITLE 12, CHAPTER 12: COMMERCIAL/ INDUSTWAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES 6 Community Development Director Janish explained City Code defines contractor shops and 7 storage yards as a "manufacturing" use which is only permitted in General Business and 8 Industrial zoning districts. Recently, staff was approached by a local business owner who was 9 interested in operating their landscaping and tree trimming business within a Neighborhood 10 Business district. Since landscaping businesses are classified as manufacturing by the City 11 Code, the use is currently prohibited within the Neighborhood Business district. This means 12 the business owner would have to find a location within an existing General Business or 13 Industrial district or the City Code would need to be amended. Staff brought this item to the 14 City Council at the June 23, 2020 workshop for a discussion and Council expressed support to 15 amend the City Code. The proposed amendment would make contractor shops and storage 16 yards a permitted use in the General Business and Industrial districts, and a conditional use 17 within Rural Neighborhood Business districts. contractor shops and storage yards would still 18 be prohibited in Neighborhood Business districts within the MUSA boundary. 19 20 Mr. Janish explained the Planning and Zoning Commission held a public hearing on July 14, 21 2020 and received no public input. The Planning and Zoning Commission unanimously 22 recommended approval of the amendment. The applicant would need to go through an 23 application process and Conditional Use Permit. 24 25 Councilmember Bukkila stated she has a concern over noise volume and how far it will travel 26 and become a nuisance. Mr. Janish stated this concern can be addressed through the 27 Conditional Use Permit process which can limit hours of operations and what equipment can 28 be operated. 29 30 Motion by Holthus, Seconded by Butler, to approve Ordinance No. 509 amending City Code 31 Title 12, Chapter 2, Section 2: Definitions, and City Code Title 12, Chapter 12: Commercial/ 32 Industrial Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses and 33 Summary Ordinance. 34 35 Councilmember Barthel expressed that he is concerned about noise as well and he supports 36 hourly provisions to limit the noise in the neighborhood. Mr. Janish replied that noise and 37 hour limitations are the perfect example of conditions placed on a business when going 38 through the Conditional Use Permit process. Councilmember Barthel stated the Council is 39 voting to amend the Code and not approving any specific application at this time. 40 41 Councilmember Bukkila stated her concern is primarily for outdoor operations and asked if 42 that would be addressed during the Conditional Use Permitting process as well. Mr. Janish 43 replied she is correct, and the City would analyze each application on an individual basis and 44 how that effects the surrounding area. Regular Andover City Council Meeting Minutes —July 21, 2020 Page 4 Motion carried unanimously. CONSIDER AMENDMENT TO CITY CODE TITLE 12, CHAPTER 7: FENCES AND WALLS 6 Community Development Director Janish explained staff has been working with a business 7 owner in the Hughs-Westview Industrial Park on their commercial site plan. The property 8 owner requested to install a six-foot tall fence in the front yard along with landscaping to 9 screen the property instead of just landscaping. Staff presented the request to the Council at a 10 workshop and Council directed staff to draft the amendment and bring it through the public 11 hearing process for review and consideration. 12 13 Mr. Janish stated City Code currently limits fences to four feet in height and presented 14 comparable information from neighboring cities. 15 16 Mr. Janish stated the Planning and Zoning Commission held a public hearing on July 14, 2020 17 and received no public comments. He said the Planning and Zoning Commission had 18 discussion about safety and the ability for law enforcement to observe what is occurring on 19 the business. Mr. Janish stated he contacted the Sheriffs Office and Fire Department and 20 they did not have any concerns. 21 22 Mr. Janish further explained changes to the code including barbed wire and electric fences 23 shall not be used on residential lots except for containing farm or pleasure/recreational 24 animals, and that barbed wire may be used around utility and substation sites. Finally, the 25 amendment would clean up some previous typos in the text and correct a few references from 26 clear view triangles to sight triangles to keep consistent with the rest of City Code. 27 28 City Attorney Baumgartner asked for clarification in the language of the code and rewriting 29 the portion referring to barbed wire. He recommended the following change to 12-7-5 B: 30 Barbed wire and electrical fences may be permitted on residential lots of two and one half 31 (2.5) acres or greater, provided they be used exclusively for containing farm or 32 pleasure/recreational animals, as defined in City Code. 33 34 Councilmember Bukkila asked where the fence line would be located for the businesses in the 35 proposed amendment. Mr. Janish stated the fence can go around the entire property but must 36 be outside of the right-of-way and all easements. Councilmember Bukkila stated if you can't 37 see the building from the street, there is a question of code enforcement. Mr. Janish stated it 38 can be a question of too much screening. Mayor Trude stated it is exclusive to the Hughs- 39 Industrial area. Mayor Trude also explained it has to go through the Commercial Site Plan 40 review process. Councilmember Bukkila expressed concern about having the fence along the 41 curb line. Mr. Janish stated fences are not permitted along the curb line and will be behind the 42 right-of-way, easements, and landscaping. 43 44 Motion by Bukkila, Seconded by Barthel, to approve Ordinance No. 510 amending City Code Regular Andover City Council Meeting Minutes —July 21, 2020 Page 5 1 Title 12, Chapter 7: Fences and Walls and Summary Ordinance. Motion carried unanimously. 2 3 RESCHEDULE NOVEMBER 3, 2020 COUNCIL MEETING 4 5 City Administrator Dickinson requested the Council to reschedule the November 3, 2020 6 Council meeting as it falls on Election Day. 8 Motion by Barthel, Seconded by Butler, to reschedule the November 3, 2020 Council Meeting 9 to Wednesday, November 4, 2020 at 7:00 p.m. Motion carried unanimously. 10 11 COVID 19 UPDATE 12 13 City Administrator Dickinson updated the Council on the primary changes to the COVID-19 14 response since the last meeting. He stated the EDA approved a small business grant program 15 and information will be published and staff will visit businesses. He explained staff is looking 16 at flexible meeting options and preparing for larger public hearings. Mr. Dickinson stated 17 public meetings have flexibility at this time due to the COVID executive order and will have 18 to return to following State Statute when the State determines. 19 20 Councilmember Butler stated he received a question from a resident about the Community 21 Center's COVID plan and encouraged residents to view the detailed plan on the Community 22 Center's website. Mr. Dickinson stated the City is following the plan strictly and can be 23 audited by the State. 24 25 Mayor Trude explained outside meetings at City Hall are not permitted and public tours will 26 be limited. Mr. Dickinson stated the City is looking at implementing procedures to begin 27 hosting outside organization meetings at City facilities in the future. 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 Activities) — Mr. Dickinson is attending Metro Cities policy meetings 35 through Zoom. He is on the committee for Municipal and State Revenues and will be 36 participating in a Government Agency meeting dealing with oversight of the Met Council. He 37 reported on additional meetings and board activities. Mr. Dickinson explained staff continues 38 to work on the budget. Council will tour the new Public Works building and Community Center 39 on July 28th followed by a work session on the budget. He stated the City has 55 new home 40 permits year to date. He reported Andover's standing in the National Census and that Andover 41 is number one in Anoka County, number one in the State, and number one in the United States 42 for response rate for Cities over 15,000 residents. The Mayor stated the City was undercounted 43 in the last census and expressed the importance of responding so the City is in a favorable 44 position to get more restaurants and businesses. Regular Andover City Council Meeting Minutes — July 21, 2020 Page 6 1 Mayor Trude stated she saw the signal lights have been installed but are not operational. Mr. 2 Dickinson replied he does not know the timeline. 3 4 Councilmember Butler asked when the Council will receive the report on pedestrian crossings. 5 Mr. Dickinson replied it will be part of the CIP development discussions. 6 7 MAYOR/COUNCIL INPUT 8 9 (Open Space Resignation) Mayor Trude announced the resignation of Open Space 10 Commissioner Joy Faherty because she moved out of the City. 11 12 (Joint Law Enforcement Council) Mayor Trude stated the Sheriff's Department budget is 13 remaining stable for 2021 with a slight increase for improved reporting purposes. 14 15 ADJOURNMENT 16 17 Motion by Holthus, Seconded by Barthel, to adjourn. Motion carried unanimously. The 18 meeting adjourned at 7:55 p.m. 19 20 Respectfully submitted, 21 22 Shari Kunza, Recording Secretary 23 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —JUL Y21,2020 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims............................................................................................ 2 Item 3 Approve Debt Service Payments..................................................................................... 2 Item 4 Approve JPA/Coon Creek Park Stream Restoration Project/20-28................................. 2 Item 5 Approve Resolution/ No Parking Wintergreen Street NW/Country Oaks North 4h Addition(R051-20)........................................................................................................ 2 Item 6 Approve Appointment - Building Permit Technician.................................................... 2 Item 7 Approve Appointment - Receptionist/Building Permit Technician ................................. 2 Item 8 Receive June 2020 Budget Progress Report ......... ......................................... 2 Item 9 Receive June 2020 City Investment Reports ............. ........................................... 2 Item 10 Approve 2020 Used Vehicle Sale Business License......................................................... 2 Item 11 Approve Final Plat/Catchers Creek West/Mark Smith (R052-20) .......: . ................. 2 Item 12 Approve Date Change/Exempt Permit/Rum River MDHA .............................................. 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 CONSIDER AMENDMENT TO CITY CODE TITLE 12, CHAPTER 2: RULES AND DEFINITIONS AND CITY CODE TITLE 12, CHAPTER 12: COMMERCIAL/ INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES (Ord. 509)........................................................... 3 CONSIDER AMENDMENT TO CITY CODE TITLE 12, CHAPTER 7: FENCES AND WALLS(Ord. 510)...... ....................................................................................... 4 RESCHEDULE NOVEMBER 3, 2020 COUNCIL MEETING .................................................... 5 COVID19 UPDATE.. ......... ......... ....................................................................... 5 ADMINISTRATOR'S REPORT ` ......... ....... "............................................................... 5 (Administrative Staff Activities). ...................................................................................... 5 MAYOR/COUNCIL INPUT.................................................................................................... 6 (Open SpaceResignation) ......... ......... -.............................................................................. 6 (Joint Law Enforcement Council).............................................................................................. 6 ADJOURNMENT.....::. ......... `..............................................................................................6 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: August 4, 2020 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. (9) Claims totaling $330,405.21 on disbursement edit list #1 - 42 from 07/24/2020 — 07/31/2020 has been issued and released. Claims totaling $246,075.18 on disbursement edit list #3 dated 08/04/2020 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $576,480.39. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/24/2020- 1:51PM Batch: 00423.07.2020 Invoice No Description Amount Payment Date Acct Number Reference Vendor: ActivNwk Active Network, LLC Check Sequence: 1 ACH Enabled: False 4100168043 MaxGalaxy Software 2,640.00 0724/2020 2130-44400-62305 4100168043 MaxGalaxy Software 2,640.00 07/242020 2130-44300-62305 Check Total: 5,280.00 Vendor: Aircon' Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 11606=2020-1 Install Switch for Ventilation Fan @ FS 2 163.95 07/24/2020 0101-41920-63105 11611-2020-1" . Repair Front Handicap Door @ CH 378.43 0724/2020 0101-41910-63105 11612-2020-1 Wire SLB Compressors @ FS 2 & 3 473.75 07242020 4214-49300-65600 11615-2020-1 Furnish & Install 2 Ballasts in Council Rm 291.35 0724/2020 0101-41910-63105 11617-2020-1 Replace Damaged Photo Cell @ Purple Pak 123.00 07/24/2020 0101-45000-63100 11629-2020-1 Replace 3 Way Switch In Upper Hallway @ FS : 112.00 07/24/2020 0101-41920-63105 Check Total: 1,542.48 Vendor: AmazonBu Amazon Capital Services Check Sequence: 3 ACH Enabled: False 11FC-D6TT-HRCW Paxton Access ID Cud 77.37 07/242020 0101-41420-61225 Check Total: 7737 Vendor: AnkCity City of Anoka Check Sequence: 4 ACE Enabled: False INVO0538 Traffic Signal - Bunker & 7th Ave 28.14 07/24/2020 0101-43400-62005 Check Total: 28.14 Vendor: ArchwyCo Archway Contracting, Inc. Check Sequence: 5 ACH Enabled: False 123329048 Refund Permit 2020-02229 - Wrong Job 72.00 07/24/2020 0101-42300-52185 Check Total: 72.00 Vendor: BDTHIdin BDT Holdings, LLC Check Sequence: 6 ACE Enabled: False Escrow Brio Drive Thm Reconstruction 641.83 07/24/2020 7200-00000-24207 Interest Brio Drive Thm Reconstruction 0.31 07/24/2020 7200-41400-56910 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PK Page 1 Invoice No Description Check Total: Vendor: BjorkCom Bjorklund Companies LLC 33751 Class 5 Gravel AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Amount Payment Date Acct Number Reference Check Total: Vendor: BoyerTna Boyer Trucks 922137 Fuel Tank & Parts for Unit #202 Check Total: Vendor: CatCrWes Catchers Creek West Escrow Catcher's Creek West 9,122.40 Check Total: Vendor: CedMFrid Cedar Management, Inc 05/31/2020 Mgmt May 2020 Management Fees 06/30/2020 Lab June 2020 Labor 06/30/2020 Mgmt June 2020 Management Fees 4/30/2020 Mgmt April 2020 Management Fees Check Total: Vendor: Centerpt CenterPoint Energy 11182146-8 Community Center Temp Meter 954.27 Check Total: Vendor: CenLink CenturyLink 763 754-6713 Subway @ Community Center 763 755-0776 Fire Department Service 763 755-0776 Community Center Service 763 755-0776 Public Works Service 763 755-0776 City Hall Service Check Total: Vendor: ClntasGK Cintas Corp - Cintas Loc #16K 4055694882 Floor Mat Rental 4055695033 Uniform Cleaning 4055695033 Uniform Cleaning 4055695033 Uniform Cleaning AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Amount Payment Date Acct Number Reference Page 2 Check Sequence: 7 ACH Enabled: False 9,122.40 07/24/2020 4140-49300-63300 9,122.40 Check Sequence: 8 ACH Enabled: False 954.27 07/24/2020 6100-48800-61115 954.27 Check Sequence: 9 ACH Enabled: False 56,588.00 07/24/2020 7200-00000-24209 56,588.00 Check Sequence: 10 ACH Enabled: False 535.28 07/24/2020 4520-49300-63010 84.62 07/24/2020 4520-49300-63105 388.05 07/24/2020 452049300-63010 388.13 07/24/2020 4520-49300-63010 1,396.08 Check Sequence: 11 ACH Enabled: False 54.01 07/24/2020 4403-49300-62015 54.01 Check Sequence: 12 ACH Enabled: False 54.71 07/24/2020 2130-44100-62030 25.00 07/24/2020 0101-41920-62030 25.00 07/24/2020 2130-44000-62030 24.99 07/24/2020 0101-41930-62030 24.99 07/24/2020 0101-41910-62030 154.69 Check Sequence: 13 ACH Enabled: False 69.55 07/24/2020 0101-41930-62200 22.29 07/24/2020 0101-43300-61020 66.83 07/24/2020 0101-45000-61020 22.28 07/24/2020 5100-48100-61020 Page 2 Invoice No Description Amount Payment Date Acct Number Reference 4055695033 Uniform Cleaning 44.55 07/24/2020 5200-48200-61020 4055695033 Uniform Cleaning 22.25 07/24/2020 6100-48800-61020 4055695033 Uniform Cleaning 155.95 07/24/2020 0101-43100-61020 4056336144 Uniform Cleaning 22.25 07/24/2020 6100-48800-61020 4056336144 Uniform Cleaning 44.55 07/24/2020 5200-48200-61020 4056336144 Uniform Cleaning 155.95 07/24/2020 010143100-61020 4056336144 Uniform Cleaning 22.29 07/24/2020 0101-43300-61020 4056336144 Uniform Cleaning 66.83 07/24/2020 0101-45000-61020 4056336144 Uniform Cleaning 22.28 07/24/2020 5100-48100-61020 Check Total: 737.85 Vendor: Colonial Colonial Life & Accident Check Sequence: 14 ACH Enabled: False 7156706-0801058 August 2020 Premium - E7156706 279.90 07/24/2020 0101-00000-21210 Check Total: 279.90 Vendor: Connex2 Connexus Energy Check Sequence: 15 ACE Enabled: False LGT0000720 Lighting System @ Prairie Knoll Pk 4,463.00 07/24/2020 4150-49300-63010 Check Total: 4,463.00 Vendor: CoreMain Core & Main LP Check Sequence: 16 ACH Enabled: False M501423 Hills of Bunker Lk W Pk Irrigation 1,287.83 07/24/2020 4150-49300-61020 M673799 OMNI2 T2 1000G IOLL SWHL- Water Meter 897.37 07/24/2020 5100-48100-61035 Check Total: 2,185.20 Vendor: DehnOil Dehn Oil Company Check Sequence: 17 ACH Enabled: False 75067 Unleaded Fuel 897.50 07/24/2020 6100-48800-61045 75068 Diesel Fuel 982.98 07/24/2020 6100138800-61050 Check Total: 1,880.48 Vendor: DiamVoge Diamond Vogel Paint Check Sequence: 18 ACE Enabled: False 802194652 White & Yellow Traffic Paint 382.35 07/24/2020 0101-43100-61020 802194710 White Traffic Paint 250.00 0724/2020 0101-43100-61020 802194721 Return Yellow Traffic Paint -129.90 07/24/2020 0101-43100-61020 802194863 White Traffic Paint 312.50 07/24/2020 0101-43100-61020 802194978 White Traffic Paint 386.27 07/24/2020 0101-43100-61020 802195109 White Traffic Paint 246.50 07/24/2020 0101-43100-61020 Check Total: 1,447.72 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Earlybir Earlybird Electric Check Sequence: 19 ACH Enabled: False 123719965 Permit Issued Prior to Approval 54.00 07/24/2020 0101-42300-52230 Check Total: 54.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 20 ACH Enabled: False 785530 Ordinance No. 508 78.75 07/24/2020 0101-01500-63025 Check Total: 78.75 Vendor: EnviTech Envirotech Services, Inc. Check Sequence: 21 ACH Enabled: False CD202016907 Calcium Chloride 4,710.72 07/24/2020 0101-43100-63010 CD202017407 Calcium Chloride 4,483.36 07/24/2020 0101-43100-63010 CD202019361 Calcium Chloride 2,917.60 07/24/2020 0101-43100-63010 Check Total: 12,111.68 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 22 ACH Enabled: False 0458180 Misc. Supplies 202.77 07/24/2020 5100-48100-61135 Check Total: 202.77 Vendor: FirsAmTi First American Title Check Sequence: 23 ACH Enabled: False 00032572 The Preserve at Petersen Farms 5,000.00 07/24/2020 0101-41400-58100 Check Total: 5,000.00 Vendor: FreedPen Freedom Fence Inc. Check Sequence: 24 ACH Enabled: False 1192 143rd Fence Repair @ Park 150.00 07/24/2020 0101-45000-63100 Check Total: 150.00 Vendor: Hawkins2 Hawkins Inc Check Sequence: 25 ACH Enabled: False 4752832 Chemicals for Water Treatment Plant 4,942.88 07/24/2020 5100-48100-61040 Check Total: 4,942.88 Vendor: HlthPDen Health Partners Check Sequence: 26 ACH Enabled: False 98432520 August 2020 Premium 894.18 07/24/2020 7100-00000-21218 98432520 August 2020 Premium 4,111.53 07/24/2020 0101-00000-21208 98432520 August 2020 Premium 59,619.78 07/24/2020 0101-00000-21206 98432520 August 2020 Premium 232.75 07/24/2020 6200-08900-63005 Check Total: 64,858.24 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: InstrRes Instrumental Research, Inc Check Sequence: 27 ACH Enabled: False 2683 June 2020 Total Coliform Testing 247.00 07/24/2020 5100-48100-63005 Check Total: 247.00 Vendor: Lawson Lawson Products, Inc. Check Sequence: 28 ACH Enabled: False 9307685300 Misc Supplies 159.60 07/24/2020 6100-48800-61020 Check Total: 159.60 Vendor: LennuBu Lennar Corporation Check Sequence: 29 ACH Enabled: False 1090 - Escrow 1090 152nd Ave NW 7,250.00 07/24/2020 7200-00000-24204 1090 - Insp Fee 1090 152nd Ave NW -50.00 07/24/2020 0101-41600-54180 1103 -Escrow 1103151st Ave NW 7,250.00 07/24/2020 7200-00000-24204 1103 - Insp Fee 1103 151st Ave NW -50.00 07/24/2020 010141600-54180 1120 - Escrow 1120 152nd Ave NW 5,250.00 07/24/2020 7200-00000-24204 1120 - Insp Fee 1120 152nd Ave NW -50.00 07/24/2020 0101-41600-54180 1192 -Escrow 1192152nd Ave NW 7,250.00 07/24/2020 7200-00000-24204 1192 - Insp Fee 1192 152nd Ave NW -50.00 07/24/2020 0101-41600-54180 1204 -Escrow 1204152nd Ave NW 5,250.00 07/24/2020 7200-00000-24204 1204 - Insp Fee 1204 152nd Ave NW -50.00 07/24/2020 0101-41600-54180 Check Total: 32,000.00 Vendor: LOCATO Locators & Supplies, Inc. Check Sequence: 30 ACH Enabled: False 0286123 -IN Wasp & Hornet Spray 152.56 07/24/2020 5300-48300-61005 Check Total: 152.56 Vendor: LubrTech Lube -Tech Check Sequence: 31 ACH Enabled: False 1646092 DRM-16GA ELK TH 2 X 3/4 UN Y1.41250 115.06 07/24/2020 6100-48800-61020 1647000 Mob GRS XHP 222 - 10/13.7 OZ 266.80 07/24/2020 6100-48800-61020 Check Total: 381.86 Vendor: LVCCom LVC Companies Check Sequence: 32 ACH Enabled: False 39105 Annual Fire Extg Service & Maint 129.50 07/24/2020 5100-48100-61120 39105 Annual Fire Extg Service & Maint 1,191.50 0724/2020 0101-41930-63010 39105 Annual Fire Extg Service & Maint 405.25 0724/2020 0101A1910-63010 39105 Annual Fire Extg Service & Maint 201.75 07/242020 2130-44000-63010 39105 Annual Fire Extg Service & Maint 506.15 0724/2020 0101-41920-63010 Check Total: 2,434.15 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PK Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MadNatlL Madison National Life Ins Co, Inc 1401297 August 2020 Premium 847.38 Check Total: Vendor: MeadCrDe Meadow Creek Developers 686 - Escrow 686 160th Lane NW 686 - Insp Fee 686 160th Lane NW Check Total: Vendor: Menards Menards Inc 30376 Paint Supplies for Timber River 30386 Rug Grip Tape & Tire Shine 30930 Cedar End Post 31009 Paint Supplies 31491 ASN Trail Connectin Supplies Check Total: Vendor: MetrowiD Metrowide Development, LLC Escrow 15991 Vale St NW Interest 15991 Vale St NW 07/24/2020 Check Total: Vendor: Mickman Mickman Brothers Inc. 4995 Mowing Contract @ Community Center 4996 Mowing Contract @ Crosstown Drive 4997 Mowing Contract @ Fire Station #1 4998 Mowing Contract @ Fire Station #2 4999 Mowing Contract @ Fire Station#3 5000 Mowing Contract @ City Hall SERV0039558 Irrigation Repair - Jay & Martin Street 199.67 Check Total: Vendor: MNFquipa Minnesota Equipment P06945 Misc. Supplies for Stock P06945 Tools P07507 Woodcutter B&C Oil Check Total 220.00 263.17 638.83 366.67 385.38 546.17 993.96 3,414.18 37.66 919.92 44.96 1,002.54 Check Sequence: 37 07/24/2020 2130-44000-63010 07/24/2020 0101-45000-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41910-63010 07/24/2020 2110-46500-63010 Check Sequence: 38 07/24/2020 6100-48800-61115 07/24/2020 0101-45000-61205 07/24/2020 6100-48800-61020 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PMD Page 6 Check Sequence: 33 847.38 07/24/2020 OI01-00000-21216 847.38 Check Sequence: 34 5,250.00 07/24/2020 7200-00000-24204 -50.00 07/24/2020 0101-41600-54180 5,200.00 Check Sequence: 35 102.85 07/24/2020 0101-45000-61020 20A0 07/24/2020 0101-43100-61020 11.98 07/24/2020 0101-43100-61125 44.23 07/24/2020 0101-43300-61020 20.21 07/24/2020 4170-49300-61020 199.67 Check Sequence: 36 670.64 07/24/2020 7200-00000-24206 0.52 07/24/2020 7200-41400-56910 220.00 263.17 638.83 366.67 385.38 546.17 993.96 3,414.18 37.66 919.92 44.96 1,002.54 Check Sequence: 37 07/24/2020 2130-44000-63010 07/24/2020 0101-45000-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41920-63010 07/24/2020 0101-41910-63010 07/24/2020 2110-46500-63010 Check Sequence: 38 07/24/2020 6100-48800-61115 07/24/2020 0101-45000-61205 07/24/2020 6100-48800-61020 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PMD Page 6 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MNLifeIn Minnesota Life Insurance Company Check Sequence: 39 ACH Enabled: False 133326 August 2020 Premium 22.00 07/24/2020 0101-42200-60330 133326 August 2020 Premium 43.32 07/24/2020 0101-00000-21205 133326 August 2020 Premium 76.76 07/24/2020 7100-00000-21218 133326 August 2020 Premium 1,430.44 07/24/2020 0101-00000-21205 Check Total: 1,572.52 Vendor: MinnstaE Minstar Electric, LLC Check Sequence: 40 ACH Enabled: False 123255759 Sob Cancelled 45.00 07/24/2020 0101-42300-52230 Check Total: 45.00 Vendor: MTIDist MTI Distributing Inc Check Sequence: 41 ACE Enabled: False 1265368-00 Tires for Unit #12-584 85.91 07/24/2020 6100-48800-61115 1265926-00 Alternator for Unit #11-582 778.94 07/24/2020 6100-48800-61115 Check Total: 864.85 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 42 ACH Enabled: False IN1474457 Unifomt 626.64 07/24/2020 010142200-61305 Check Total: 626.64 Vendor: NCPERS NCPERS Group Life Ins Check Sequence: 43 ACH Enabled: False 312000082020 August 2020 Premium 160.00 07/24/2020 0101-00000-21205 312000082020 August 2020 Premium 16.00 07/24/2020 7100-00000-21218 Check Total: 176.00 Vendor: NorthNat Northern Natural Gas Co. Check Sequence: 44 ACH Enabled: False Escrow 15825 7th Ave - North Nat Gas 972.84 07/24/2020 7200-00000-24214 Escrow 15825 7th Ave - North Nat Gas 1,486.42 07/24/2020 7200-00000-24207 Interest 15825 7th Ave - North Nat Gas 1.07 07/24/2020 7200-41400-56910 Interest 15825 7th Ave - North Nat Gas 0.66 07/24/2020 7200-41400-56910 Check Total: 2,460.99 Vendor: NoTechno Northern Technologies, LLC Check Sequence: 45 ACH Enabled: False 34884 Kelsey RLP Trail Expansion 694.50 07/24/2020 415049300-63005 Check Total: 694.50 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 46 ACH Enabled: False 3253-499469 Fuel Filter for Unit #114 6.49 07/24/2020 610048800-61115 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 3253-499652 BlueDEF 2.5 Diesel Supplies 41.97 0724/2020 610048800-61050 3253-499900 Oil Filters for Stock 8.14 0724/2020 6100-48800-61115 3253-499960 Glass Cleaner & Tire Shine 74.88 07/242020 6100-48800-61115 Check Total: 131.48 6675810 Pest Control Vendor: OftDepot Office Depot 07/24/2020 0101-41920-63010 Check Sequence: 47 ACH Enabled: False 105643277001 PW Office Depot Supplies 1.66 0724/2020 0101-45000-61005 105643277001 PW Office Depot Supplies 0.33 07/24/2020 0101-46000-61005 105643277001 PW Office Depot Supplies 1.19 07/24/2020 5100-48100-61005 105643277001 PW Office Depot Supplies 2.27 07/24/2020 5200-48200-61005 105643277001 PW Office Depot Supplies 0.47 07/24/2020 0101-43200-61005 105643277001 PW Office Depot Supplies 0.71 0724/2020 0101-43100-61005 105647291001 PW Office Depot Supplies 14.12 07/24/2020 520048200-61005 105647291001 PW Office Depot Supplies 2.05 07/24/2020 0101-46000-61005 105647291001 PW Office Depot Supplies 2.94 07/24/2020 0101-43200-61005 105647291001 PW Office Depot Supplies 7.36 07/24/2020 5100-48100-61005 105647291001 PW Office Depot Supplies 4.41 0724/2020 0101-43100-61005 105647291001 PW Office Depot Supplies 10.30 07/24/2020 010145000-61005 Check Total: 47.81 Vendor: OlsonJam James Olson Check Sequence: 48 ACH Enabled: False Replace Lost PR Check Dated 12/21/2016 83.11 07/24/2020 0101-41500-60140 Check Total: 83.11 Vendor: PhamThon: Thomas Phan Check Sequence: 49 ACH Enabled: False 123702047 Permit Issued Prior to Approval 35.00 07/24/2020 0101-41600-52265 123702554 Permit Issued Prior to Approval, Work not Apprc 72.00 07/24/2020 0101-42300-52185 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PNO Page 8 Check Total: 107.00 Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 50 ACH Enabled: False 6675809 Pest Control 129.79 0724/2020 010141910-63010 6675810 Pest Control 129.79 07/24/2020 0101-41920-63010 6675811 Pest Control 129.79 07/24/2020 0101-41920-63010 6675812 Pest Control 129.79 07/24/2020 0101-41930-63010 6675886 Pest Control 129.79 07/24/2020 0101-41920-63010 Check Total: 648.95 Vendor: R&R R&R Specialties of Wisconsin Check Sequence: 51 ACH Enabled: False 0070610 -IN Logo Paint & Jet Ice Pounce Stencil - 2,007.00 0724/2020 2130-44300-61020 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PNO Page 8 Invoice No Description Amount Payment Date Acct Number Reference 0070697 -IN Rod, Extension, Snow Breaker 36.75 07/24/2020 2130-44300-61020 Check Total: 2,043.75 Vendor: SioValEn Sioux Valley Environmental Inc Check Sequence: 52 ACH Enabled: False 10878 Misc Spare Parts 1,475.00 07/24/2020 5100-48100-61135 Check Total: 1,475.00 Vendor: SirLines Sir Lines -A -Lot Check Sequence: 53 ACH Enabled: False PL20-0438-001 Remove Pavement Markings - YMCA Puking L 1,987.00 07/24/2020 2130-44000-63010 PL20-0438-001 Community Center Expansion 993.00 07/24/2020 4403-49300-63010 - Check Total: 2,980.00 Vendor: SiteOneL SiteOne Landscape Supply Check Sequence: 54 ACH Enabled: False 100990927-001 Roundup 94.14 07/24/2020 0101-45000-61020 101014733-001 Misc. Irrigation Supplies 83.87 07/24/2020 0101-45000-61020 101375606-001 Comm Ctr Expansion Irrigation Parts 984.43 07/24/2020 4403-49300-61020 101390737-001 Comm Ctr Expansion Irrigation Parts 561.60 07/24/2020 4403-49300-61020 Check Total• 1,724.04 Vendor: SLSERC Sl-Serco Check Sequence: 55 ACH Enabled: False 11076857C June 2020 Monthly Site Visit 4,253.90 07/24/2020 5100-48100-63010 Check Total: 4,253.90 Vendor: SmithBr Smith Brothers Decorating Check Sequence: 56 ACH Enabled: False 27111 Paint& Rollers 154.43 07/24/2020 0101-45000-61020 Check Total: 154.43 Vendor: SteppMfg Stepp Mfg Check Sequence: 57 ACH Enabled: False 057831 Fuel Oil Filters for Units k 18 & 80 34.45 07/24/2020 6100-48800-61115 Check Total: 34.45 Vendor: StrongSo Strong & Sons Check Sequence: 58 ACH Enabled: False 1734 Cut Down Tree @ 14022 Heather Street 3,200.00 07/24/2020 0101-45000-63100 Check Total: 3,200.00 Vendor: SuperVis Superior Vision Insurance Check Sequence: 59 ACH Enabled: False 0000422687 August 2020 Premium 162.92 07/24/2020 0101-00000-21222 AP -Computer Check Proof List by Vendor (07/242020 - 1:51 PM) Page 9 Invoice No Description Amount Payment Date Acct Number 162.92 Check Total: Vendor: Timesave Timesaver M25748 - City Council Meetings Check Total: Vendor: Toxalert Toxalen International Inc. 30970 TOXEC-NO2 Sensor Element 30974 Service Contract for Gas Detection System Check Total: Vendor: TCFilter Twin City Filter Service, Inc. 0681231 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 0681608 -IN Filters 07/24/2020 Check Total: Vendor: USBankEq US Bank Equipment Finance 419337365 Taskalfa 40031 Copier @ Public Works 97.20 Check Total: Vendor: USABlue USA Blue Book 285955 Blue & White Tube Assembly for Pumps 07/24/2020 Check Total: Vendor: Verizon Verizon Wireless 9858601979 Monthly Cell Phone Service 9858601979 Monthly Cell Phone Serviced 9858601979 Monthly Cell Phone Service 9858601979 Monthly Cell Phone Service 9858601979 Monthly Cell Phone Service 9858601979 Monthly Cell Phone Service 9858601979 Monthly Cell Phone Service Amount Payment Date Acct Number 162.92 Check Sequence: 60 402.50 07/24/2020 0101-41100-63005 402.50 Check Sequence: 61 4,035.00 07/24/2020 0101-41930-63105 388.00 07/24/2020 010141920-63010 4,423.00 Check Sequence: 65 346.74 07/24/2020 Check Sequence: 62 411.88 07/24/2020 2130-44000-61020 97.20 07/24/2020 0101.41930-61120 225.52 07/24/2020 010141910-61120 40.96 07/24/2020 010141980-61120 7.12 07/24/2020 0101-41990-61120 95.20 07/24/2020 5100-48100-61120 63.63 07/24/2020 0101-41920-61120 7.12 07/24/2020 0101-41970-61120 >vo.on Check Sequence: 63 180.15 07/24/2020 0101-41930-62200 180.15 Check Sequence: 64 499.60 07/24/2020 510048100-61135 499.60 Check Sequence: 65 346.74 07/24/2020 0101-41600-62030 245.32 07/24/2020 010143100-62030 43.16 07/24/2020 010141910-62030 125.30 07/24/2020 610048800-62030 276.77 07/24/2020 510048100-62030 62.16 07/24/2020 010141200-62030 342.97 07/24/2020 0101-42300-62030 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 9858601979 Monthly Cell Phone Service 129.48 Vendor: WruckSew 07/24/2020 2130-44000-62030 9858601979 Monthly Cell Phone Service 76.78 06/20 Garbage Service @ City Hall 07/24/2020 0101-41500-62030 9858601979 Monthly Cell Phone Service 68.65 07/242020 07/24/2020 0101-43300-62030 9858601979 Monthly Cell Phone Service 57.16 0101-41930-62020 07/24/2020 0101-41400-62030 9858601979 Monthly Cell Phone Service 347.65 06/20 Garbage Service @ FS #2 07/242020 0101-42200-62030 9858601979 Monthly Cell Phone Service 96.17 07/24/2020 0101-41420-62030 9858601979 Monthly Cell Phone Service 503.05 0101-41920-62020 07/24/2020 0101-45000-62030 9858601979 Monthly Cell Phone Service 95.24 07/24/2020 5200-48200-62030 Check Total: Vendor: SikoEnge William Sikora & Thea Engelson Escrow Lot Split Interest Lot Split 1,636.12 Check Sequence: 67 386.42 07/24/2020 7200-00000-24216 0.29 07/24/2020 7200-41400-56910 Check Total: 2,816.60 Vendor: WruckSew Vendor: Wa MgraQ Waste Management -Blaine 563.00 Check Sequence: 68 Check Sequence: 66 8581599-0500-0 06/20 Garbage Service @ City Hall 141.20 07/24/2020 07/24/2020 0101-41910-62020 8581607-0500-1 PW Garbage Disposal 735.60 07/242020 0724/2020 0101-46000-62020 8581607-0500-1 PW Garbage Disposal 211.76 07/24/2020 07/242020 0101-41930-62020 8581607-0500-1 PW Garbage Disposal 167.18 07/24/2020 07/24/2020 0101-45000-62020 8581610-0500-5 06/20 Garbage Service @ FS #2 103.67 07/24/2020 010141920-62020 8581611-0500-3 06/20 Garbage Service @ FS #1 103.03 07/24/2020 0101-41920-62020 8584918-0500-9 07/20 Garbage Service @ FS #3 173.68 07/24/2020 0101-41920-62020 Check Total: Vendor: SikoEnge William Sikora & Thea Engelson Escrow Lot Split Interest Lot Split 1,636.12 Check Sequence: 67 386.42 07/24/2020 7200-00000-24216 0.29 07/24/2020 7200-41400-56910 Vendor: WSB Check Total: 386.71 Vendor: WruckSew Wruck Sewer and Portable Rental Country Oaks North 4th Addition 563.00 Check Sequence: 68 5186 Portable Toilet Rental 509.00 465.00 07/24/2020 0101-00000-24201 5186 Portable Toilet Rental 117.00 1,697.25 07/242020 0101-00000-24201 5186 Sanitation Stands & Sanitizer 57.00 73.00 07/24/2020 0101-41310-61020 5186 Portable Toilet Rental 860.00 136.50 07/24/2020 0101-45000-62200 7200-00000-24203 Check Total: 1,543.00 510.00 07/24/2020 Vendor: WSB WSB & Associates, Inc. Check Sequence: 69 R-013849-000-13 Country Oaks North 4th Addition 563.00 07/24/2020 7200-00000-24203 R-013884-000-13 Catcher's Creek East 465.00 07/24/2020 7200-00000-24203 R-014010-000-15 PW Veh Maint/Cold Storage/Site Wk 1,697.25 07/242020 4303-49300-63005 R-014151-000-10 Catchers Crk E/Sbadbrk N SS&WM 73.00 07/242020 4110-49300-63005 R-014276-000-10 Shadowbrook North 136.50 07/24/2020 7200-00000-24203 R-015803-000-3 .Risk& Resilience Asses -Water 510.00 07/24/2020 5100-48100-63005 R-015849-000-2 2020 Street Reconstruction 2,090.00 0724/2020 4140-49300-63005 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference Check Total: Total for Check Run: Total of Number of Checks: 5,534.75 262,872.55 69 AP -Computer Check Proof List by Vendor (07/24/2020 - 1:51 PM) Page 12 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/30/2020 - 2:12PM Batch: 00428.07.2020 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AFLAC AFLAC Check Sequence: 1 ACH Enabled: False 839586 July 2020 Premium 679.32 07/31/2020 0101-00000-21209 Check Total: 679.32 Vendor: Aircon Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 11637-2020-1 Emergency Call for Comm Ctr-No Power 418.75 07/31/2020 2130-44000-63105 11642-2020-1 Wire 3 Tube Type Heaters @ FS #2 889.01 07/31/2020 4160-49300-63105 Check Total: 1,307.76 Vendor: Bolton Bolton & Menk, Inc. Check Sequence: 3 ACH Enabled: False 0253544 Railroad Ped Underpass Eval 2,660.00 07/31/2020 4170-49300-63005 0253545 The Villas at Crosstown Woods 1,820.00 07/31/2020 7200-00000-24203 0253546 Crosstown Nightingale 2020 HSIP 1,965.00 07/31/2020 4140-49300-63005 Check Total: 6,445.00 Vendor: BuchmaTB Timothy & Heidi Buchman Check Sequence: 4 ACH Enabled: False 2020-01266 2060167th Ave NW -Swimming Pool 1,500.00 07/31/2020 0101-00000-24217 Check Total: 1,500.00 Vendor: CintasGK Cintas Corp - Cintas Loc #16K Check Sequence: 5 ACH Enabled: False 4056971852 Floor Mat Rental 37.46 07/31/2020 0101-41910-62200 Check Total: 37.46 Vendor: CintasCo Cintas Corporation Check Sequence: 6 ACH Enabled: False 5021385660 Service FirstAid Cabinet 78.64 07/31/2020 2130-44000-61020 Check Total: 78.64 Vendor: StPaulCi City of St. Paul Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PM) Page 1 Invoice No Description IN41725 Asphalt Mix AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PK Amount Payment Date Acct Number 7,100.26 07/31/2020 0101-43100-61125 7,100.26 460.20 306.80 1,257.88 1,043.12 3,068.00 210.15 210.15 191.25 191.25 180.00 180.00 3,228.00 3,228.00 -53.50 87.20 51.88 85.58 1,968.80 243.67 2,212.47 Check Sequence: 8 07/31/2020 0101-41920-63010 07/31/2020 6100-48800-63010 07/31/2020 0101-41910-63010 07/31/2020 0101-41930-63010 Check Sequence: 9 07/31/2020 5100-48100-61150 Check Sequence: 10 07/31/2020 0101-41500-63025 Check Sequence: 11 07/31/2020 0101-43100-62200 Check Sequence: 12 07/31/2020 0101-42300-63005 Check Sequence: 13 07/31/2020 0101-42200-61020 07/31/2020 0101-42200-61020 07/31/2020 0101-42200-61020 Check Sequence: 14 07/31/2020 2130-44000-62015 07/31/2020 0101-41930-62015 Reference ACE Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACE Enabled: False ACH Enabled: False ACH Enabled: False Page 2 Check Total: Vendor: CMTDiver CMT Janitorial Services 2656 Monthly Cleaning Service 2656 Monthly Cleaning Service 2656 Monthly Cleaning Service 2656 Monthly Cleaning Service Check Total: Vendor: CoreMmt Core & Main LP M736395 Misc Supplies for Meters Check Total: Vendor: ECM ECM Publishers, Inc. 786518 Orchid St -PH Check Total: Vendor: GaryCarl Gary Carlson Equipment 116807-2 Bomag EW90050 Tandem Roller Check Total: Vendor: HagforsT Ted Hagfors Inc. 202012 2020 Electrical Inspections Check Total Vendor: HenSchei Henry Schein, Inc. 20296815 Credit forAlbuteral Inh Solution 79849353 Nasal Atomization Device W/Syr 80229775 Disinfecting Wipes & Sani-Cloth for COVID-19 Check Total: Vendor: KinectEG Kinect Energy Group 313005/11171502 Community Center 313005/11171508 Public Works Check Total: AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PK Amount Payment Date Acct Number 7,100.26 07/31/2020 0101-43100-61125 7,100.26 460.20 306.80 1,257.88 1,043.12 3,068.00 210.15 210.15 191.25 191.25 180.00 180.00 3,228.00 3,228.00 -53.50 87.20 51.88 85.58 1,968.80 243.67 2,212.47 Check Sequence: 8 07/31/2020 0101-41920-63010 07/31/2020 6100-48800-63010 07/31/2020 0101-41910-63010 07/31/2020 0101-41930-63010 Check Sequence: 9 07/31/2020 5100-48100-61150 Check Sequence: 10 07/31/2020 0101-41500-63025 Check Sequence: 11 07/31/2020 0101-43100-62200 Check Sequence: 12 07/31/2020 0101-42300-63005 Check Sequence: 13 07/31/2020 0101-42200-61020 07/31/2020 0101-42200-61020 07/31/2020 0101-42200-61020 Check Sequence: 14 07/31/2020 2130-44000-62015 07/31/2020 0101-41930-62015 Reference ACE Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACE Enabled: False ACH Enabled: False ACH Enabled: False Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: LegShiel Legal Shield Check Sequence: 15 ACH Enabled: False 31833 August 2020 Premium 190.45 07/31/2020 0101-00000-21219 Check Total: 190.45 Vendor: LennarBrt Lenuar Corporation Check Sequence: 16 ACH Enabled: False 1054 -Escrow 1054152nd Ave NW 7,250.00 07/31/2020 7200-00000-24204 1054 - Insp Fee 1054 152nd Ave NW -50.00 07/31/2020 0101-41600-54180 1066 -Escrow 1066152nd Ave NW 2,000.00 07/31/2020 7200-00000-24204 1066-Insp Fee 1066152nd Ave NW -50.00 07/31/2020 0101-41600-54180 Check Total: 9,150.00 Vendor: LifeLine LifeLine Incorporated Check Sequence: 17 ACH Enabled: False LL -13297 Zoll Stat Padz HVP Electrodes 72.76 07/31/2020 0101-42200-61020 Check Total: 72.76 Vendor: Menards Menards Inc Check Sequence: 18 ACH Enabled: False 31191 Misc. Supplies 44.84 07/31/2020 0101-41930-61120 31273 Misc. Supplies 34.85 07/31/2020 0101-41930-61120 Check Total: 79.69 Vendor: MNPlaygr Minnesota Playground, Inc. Check Sequence: 19 ACH Enabled: False 2020221 Wood Fiber - 100 CY 1,799.00 07/31/2020 0101-45000-61130 Check Total: 1,799.00 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 20 ACH Enabled: False IN1478189 SILV-EX Plus Foam Concentrate 320.00 07/31/2020 0101-42200-61020 Check Total: 320.00 Vendor: NMAnCaC North Metro Animal Care & Control Check Sequence: 21 ACH Enabled: False 1027 Boarding of Unclaimed Cat 75.00 07/31/2020 0101-42500-63010 Check Total: 75.00 Vendor: NoSuburb North Suburban Rental Center Check Sequence: 22 ACH Enabled: False 506162 Rental of Pipe Puller Ditch Witch 248.40 07/31/2020 4403-49300-62200 Check Total: 248.40 Vendor: NorthFac Northface Construction Check Sequence: 23 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 124547526 Duplicate Application 90.00 07/31/2020 0101-42300-52185 Check Total: 90.00 Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 24 ACH Enabled: False 6719137 Pest Control @ Andover Station North 123.73 07/31/2020 0101-41980-63010 6719138 Pest Control @ Sunshine Park 123.73 07/31/2020 0101-41970-63010 6719139 Pest Control @ Community Center 72.52 07/31/2020 2130-44000-63010 Check Total: 319.98 Vendor: RegAbstr Registered Abstracters Check Sequence: 25 ACH Enabled: False 00032601 Country Oaks North 4th Addition 6,441.00 07/31/2020 0101-41400-58100 Check Total: 6,441.00 Vendor: ReserAcc Reserve Account Check Sequence: 26 ACH Enabled: False 31157951 Postage for Meter 5,000.00 07/31/2020 0101-41400-61405 Check Total: 5,000.00 Vendor: S&SInd S & S Industrial Supply Check Sequence: 27 ACH Enabled: False 311830 Lynch Pin Single 5/16 X 2 1/2 C 10.18 07/31/2020 0101-43300-61030 311925 Stanless Keps Nut Uss 5/16-18 C 36.97 07/31/2020 0101-43300-61030 Check Total: 47.15 Vendor: SiteOneL SiteOne Landscape Supply Check Sequence: 28 ACH Enabled: False 101463312-001 Irrigation Supplies for Comm Ctr Expansion 68.79 07/31/2020 4403-49300-61020 Check Total: 68.79 Vendor: Toxalert Toxalert Intemational Inc. Check Sequence: 29 ACH Enabled: False 30968 Service Contract for Gas Detection System 245.00 07/31/2020 5100-48100-62300 Check Total: 245.00 Vendor: Uline Uhne Check Sequence: 30 ACH Enabled: False 121466565 Misc. Supplies 621.55 07/31/2020 2130-44000-61020 Check Total: 621.55 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 31 ACH Enabled: False 419890744 Ricoh Copier Lease @ Bldg Dept 138.03 07/31/2020 0101-42300-62200 419890744 Ricoh Copier Lease @ City Hall 270.63 07/31/2020 0101-41420-62200 AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PM) Page 4 Invoice No Description 419890744 Ricoh Copier Lease @ Comm Ctr 419890744 Ricoh Copier Lease @ FS #1 419890744 Ricoh Copier Lease @ WTP 0101-41920-62200 Check Total: Vendor: WisniewK Kristy Wisniewski 00032577 Instructor Reimburse - Anoka Co. Fire Academy Check Sequence: 33 Check Total: Vendor: YMCAAnr YMCA of Greater Twin Cities - Andover 07/31/2020 0101-49100-63900 2020 Water Safety Program 9,000.00 Check Total: Vendor: YouthFir Youth First 1008 2020 Second Half Program Support Check Sequence: 34 Check Total: Total for Check Run: Total of Number of Checks: Amount Payment Date Acct Number Reference 126.05 07/31/2020 2130-44000-62200 130.29 07/31/2020 0101-41920-62200 75.00 07/31/2020 5100-48100-62200 740.00 Check Sequence: 33 6,000.00 67,532.66 34 AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PM) Page 5 Check Sequence: 32 ACH Enabled: False 700.00 07/31/2020 0101-42200-58100 700.00 Check Sequence: 33 ACH Enabled: False 9,000.00 07/31/2020 0101-49100-63900 9,000.00 Check Sequence: 34 ACH Enabled: False 6,000.00 07/31/2020 2320-41400-63005 6,000.00 67,532.66 34 AP -Computer Check Proof List by Vendor (07/30/2020 - 2:12 PM) Page 5 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/31/2020 - 8:45AM Batch: 00404.08.2020 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AimElec AIM Electronics, Inc. Check Sequence: 1 ACH Enabled: False 42517 Community Center Scoreboards 16,737.00 08/04/2020 4403-49300-63010 Check Total: 16,737.00 - Vendor: Demars Demam Signs Inc. Check Sequence: 2 ACH Enabled: False IN4103 Monument Sign @ 133rd & Hanson Blvd 25,758.00 08/04/2020 2110-46500-63010 Check Total: 25,758.00 Vendor: LRRWMO LRRWMO Check Sequence: 3 ACH Enabled: False 456 2020 City Assessment 11,595.00 08/04/2020 2220-41600-63220 Check Total: 11,595.00 Vendor: Microsof Microsoft Corporation Check Sequence: 4 ACH Enabled: False E0700BQWY6 Miscrosoft Licenses 10,500.00 08/04/2020 0101-41420-61320 Check Total: 10,500.00 Vendor: NWAsphM Northwest Asphalt Maintenance Check Sequence: 5 ACH Enabled: False Payment #1 2020 Crack Sealing 79,612.67 08/04/2020 4140-49300-63010 Check Total: 79,612.67 Vendor: PrecisHa Precision Hardscapes, LLC Check Sequence: 6 ACH Enabled: False 645 Provide & Install 1296 SF of Walls 34,638.00 08/04/2020 0101-45000-65300 Check Total: 34,638.00 Vendor: SmithBr Smith Brothers Decorating Check Sequence: 7 ACH Enabled: False 4116 Waterproof Exterior Masonry Buildings 24,000.00 08/04/2020 5100-48100-63105 4116 Waterproof Exterior Masonry Buildings 26,275.00 08/04/2020 4160-49300-63105 AP -Computer Check Proof List by Vendor (07/31/2020 - 8:45 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 50,275.00 Vendor: TruGreen TruGreen Check Sequence: 8 ACH Enabled: False 124031995 Weed Control 128.75 08/04/2020 0101-45000-63010 124031995 Weed Control 72.10 08/04/2020 0101-45000-63010 124031995 Weed Control 270.89 08/04/2020 0101-45000-63010 124031995 Weed Control 97.85 08/04/2020 0101-45000-63010 124031995 Weed Control 61.80 08/04/2020 0101-45000-63010 124031995 Weed Control 8755 08/04/2020 0101-41920-63010 124031995 Weed Control 33.99 08/04/2020 5200-48200-63010 124031995 Weed Control 97.85 08/04/2020 0101-41920-63010 124031995 Weed Control 41.20 08/04/2020 510048100-63010 124031995 Weed Control 37.08 08/04/2020 5100-48100-63010 124031995 Weed Control 90.64 08/04/2020 510048100-63010 124031995 Weed Control 201.88 08/04/2020 0101-41920-63010 124031995 Weed Control 484.10 08/04/2020 010145000-63010 124031995 Weed Control 224.54 08/04/2020 510048100-63010 124031995 Weed Control 239.99 08/04/2020 0101-45000-63010 124031995 Weed Control 215.27 08/04/2020 010145000-63010 124031995 Weed Control 108.15 08/04/2020 010145000-63010 124031995 Weed Control 215.27 08/042020 0101-45000-63010 ,. 124031995 Weed Control 312.09 08/042020 010145000-63010 124031995 Weed Control 117.42 08/04/2020 0101-45000-63010 124031995 Weed Control 139.05 08/042020 010145000-63010 124031995 Weed Control 210.12 08/042020 010145000-63010 124031995 Weed Control 139.05 08/042020 0101-45000-63010 124031995 Weed Control 1,004.25 08/042020 0101-45000-63010 124031995 Weed Control 164.80 08/042020 010145000-63010 124031995 Weed Control 1,004.25 08/042020 0101-45000-63010 124031995 Weed Control 215.27 08/042020 010145000-63010 124031995 Weed Control 293.55 08/042020 0101-45000-63010 124031995 Weed Control 77.25 08/04/2020 010145000-63010 124031995 Weed Control 77.25 08/04/2020 010145000-63010 124031995 Weed Control 215.27 08/04/2020 0101-45000-63010 124031995 Weed Control 82.40 08/04/2020 0101-45000-63010 124031995 Weed Control 298.70 08/042020 0101-45000-63010 124031995 Weed Control 113.30 08/042020 010145000-63010 124031995 Weed Control 129.78 08/042020 0101-45000-63010 124031995 Weed Control 493.37 08/04/2020 010145000-63010 124031995 Weed Control 175.10 08/04/2020 010145000-63010 124031995 Weed Control 268.83 08/04/2020 01014500063010 124031995 Weed Control 95.79 08/042020 010145000-63010 AP -Computer Check Proof List by Vendor (07/31/2020 - 8:45 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 124031995 Weed Control 312.09 08/04/2020 0101-45000-63010 124031995 Weed Control 113.30 08/04/2020 0101-4500053010 124031995 Weed Control 87.55 08/04/2020 0101-45000-63010 124031995 Weed Control 425.39 08/04/2020 0101-45000-63010 124031995 Weed Control 668.00 08/04/2020 0101-45000-63010 124031995 Weed Control 618.00 08/04/2020 0101-45000-63010 124031995 Weed Control 87.55 08/04/2020 0101-45000-63010 124031995 Weed Control 288.40 08/04/2020 0101-45000-63010 124031995 Weed Control 517.06 08/04/2020 0101-45000-63010 124031995 Weed Control 1,190.68 08/04/2020 0101-45000-63010 124031995 Weed Control 301.79 08/04/2020 010145000-63010 124031995 Weed Control 3,101.33 08/04/2020 010145000-63010 124031995 Weed Control 190.55 08/04/2020 5100-48100-63010 124031995 Weed Control 361.02 08/04/2020 010141910-63010 124031995 Weed Control 361.01 08/04/2020 0101-41930-63010 Check Total: 16,959.51 Total for Check Run: 246,075.18 Total of Number of Checks: 8 AP -Computer Check Proof List by Vendor (07/31/2020 - 8:45 AM) Page 3 ANLI56 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public or Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/20-17/Public Works Pavement Reconstruction - Engineering DATE: August 4, 2020 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 20-17, Public Works Pavement Reconstruction. DISCUSSION Identified in the City of Andover 2020 Capital Improvement Plan (CIP) is the pavement reconstruction of the Public Works access road between the Public Works Building and the Water Treatment Plant and the reconstruction of the pavement areas south and east of the Public Works garage. This project also includes the construction of a frontage drive that will allow better vehicle circulation without going out on Crosstown Boulevard eliminating the direct driveway access to Crosstown Blvd. The improvement will also prevent pedestrian traffic from cutting through the Public Works drive area. Plans and specifications are available in the City Engineer's office for review. BUDGETIMPACT The 2020 CIP identifies a budget of $250,000. Project will be funded by Facility Maintenance Reserve funds unless there are residual bond funds remaining from the new Public Works Vehicle Maintenance Facility. ACTION REQUIRED The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 20-17, Public Works Pavement Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution"k Project Plan Sheet CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 20-17,PUBLIC WORKS PAVEMENT RECONSTRUCTION WHEREAS, pursuant to Resolution No. 097-19 adopted by the City Council on the 19th day of November .2019, the City Engineer has prepared final plans and specifications for Project No. 20-17 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 41h day of August 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 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. , August 26. 2020 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of August 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 I. /1 3'%e' CROSSVAIK PANELS - - _.___. — — ~ - N 118• STOP BAR / 11 ;WHITE I PUBLIC WORKS ROAD / EDGE MILE 1' II\\ ti' LL PUBLIC WDRKs P SOLID CONCRETE SIDEWALK, _IFI; oR10Es WNRE n 5' WIDE. 4• THICK / INSET 3 PUBLIC WORKS T _p.IDR MAINTENANCE BLDG I i' GRAVEL I I/fly CROSSTOWN BLVD NW PUBLIC SHOULDER IFRI 3 CY CL 'i' / .., CONCRETE .. WORKS PAVEMENT, ISALVAGED ' _ I III RIP PAP � N0O8�:! 8• THICK SAN. SAN. M MN CASIINO\ � PROPOSED CONCRETE CURB (B81 R) II3' R t \ '� / '. PROPOSED CONCRETE 2 n II / PROPOSED BITUMINOUS \. — 3 PROTECT ZI 1 PUBLIC W RIGS�IAC('ESS b I I ' CONCRETE DO GARAGE i O II e GRADE TO , B RaN (uc / U- ihl J CYNPaRrW ✓' rI N, / f _ - / ' ICN, 01 WAY \ �e / 3 — 7 R 0 40' 80' CROSSWALK PANELS 4' SOLA WHITE �1_�-�•.•,^ -` / LB' STOP BAR 4' DEL YELLOW TOWER DRIVE ECCE YLL 1' 1�°e INT suxsuxrNcr nun ..T., IN nns nrNN rs ulnar uva o. Ims o1i uM( °rIwulxrp k:coxww To me eunims w wuc M IIQ WHITE .-I [%rs11NC�511@Lgr.1CI NNn Gtl IINll .11[ . 1M V fF ® Y�Ar10^i ®- s:=— C 0 PUBLIC WORKS PAVEMENT RECONSTRUCTION CONCRETE B PAVING SITE PLAN +max i DOVE ll CITY PROJECT 20-17 - SHEET NO. 8_ OF 9 SHEETS &kND0VE^- •P9,I) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC FROM: Jim Dickinson, City Administrau David D. Berkowitz, Director of Kameron Kytonen, Natural Resources T neer SUBJECT: Accept Resignation/Joy Faherty/Appoint Ryan Ingebritson to Vice Chairperson/Open Space Advisory Commission (OSAC) - Engineering DATE: August 4, 2020 INTRODUCTION The City Council is requested to accept the resignation of Joy Faherty and appoint Ryan Ingebritson to vice chairperson to the Open Space Advisory Commission (OSAC). DISCUSSION Ms. Faherty has been on the Commission for a few years. She has recently relocated to another city, so she can no longer fulfill her term on the Commission. The bylaws of the Open Space Advisory Committee (OSAC) indicate the City Council appoint the chairperson and vice chairperson of the OSAC. Thus, it's necessary to appoint a new vice chair. The previous vice chairperson was Ms. Faherty. Commissioner Ingebritson has agreed to be the new vice chairperson. ACTION REQUIRED The City Council is requested to accept the resignation of Joy Faherty and appoint Ryan Ingebritson to Vice Chairperson. Respectfully submitted, Kameron Kytonen rallml olpj 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members j CC: Jim Dickinson, City Administrator David Berkowitz, Director of PubliCW /City Engineer FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Change Order #1/20-03/2020 Crack Sealing - Engineering DATE: January 21, 2020 0 INTRODUCTION The City Council is requested to approve Change Order #1 for Project 20-03, 2020 Crack Sealing. DISCUSSION This compensating change order accounts for actual project quantities exceeding bid quantities. To complete areas identified in this year's project, additional crack sealing quantity was necessary. This compensating change order results in a $2,069.71 increase to the original contract amount. BUDGETIMPACT The funding for this project is from the City's Road and Bridge Fund. COUNCIL ACTION The City Council is requested to approve Change Order #1 for Project 20-03, 2020 Crack Sealing. Respectfu y submitted, V son J. Law, P.E. Attach: Resolution & Change Order #1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -20 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 20-03, 2020 Crack Sealing . WHEREAS, the City of Andover has a contract for Project No.20-03 2020 Crack Sealing with Northwest Asphalt Maintenance of Thief River Falls, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 20-03. Adopted by the City Council of the City of Andover this 4th day of August 2020. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk CHANGE ORDER Change Order No.: 1 Date: 7/23/20 Sheet: 1 of 1 Project Name: 2020 Crack Sealing & Parking Lot Maintenance Project No.: 20-03 & 20-1 Contractor., Northwest Asphalt Maintenance You are hereby directed to make the following change to your contract. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (deerease) (ne-ehenge) the contract sum by $2,069.71 Dollars. This Change Order provides for the following extra work based upon actual quantities completed: Description Rout & Seal Crack Sealing Blow & Go Crack Sealing Total Amount of Change Order Amount of Original Contract Increase (Decrease) $12,317.29 ($10,247.58) Additions Approved to Date (Change Order Deductions Approved to Date (Chage Order Contract Amount to Date Amount of this Change Order (Add) (Dedeego4e4changej Revised Contract Amount Approval: City of Andover By: David D. Berkowitz Name Director of PW / City Engineer Title Signature Date Change Order #1.xlsx $2,069.71 $83,957.00 $0.00 $0.00 $83,957.00 $2,069.71 $86,026.71 Approval: Northwest Asphalt Maintenance By: 'I4kre IBJ, Name N Titl 7-air-� I ature Date 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 Admini FROM: Michelle Harmer, Deputy City SUBJECT: Approve Extension of Liquor License/Beef O'Brady's DATE: August 4, 2020 INTRODUCTION Tony Zeece, of Beef O'Brady's, 15190 Bluebird Street has submitted a request for an extension of their liquor license. DISCUSSION Beef O'Brady's is planning to hold an outdoor event Saturday, September 12, 2020 and would like Council to approve an extension of their liquor license to include the fenced in area located on the attached map. Tom Roberts, Stonewood Properties, Inc. has given approval for Beef O'Brady's to hold their outdoor event. The BBQ event will run 11:00 a.m. — 7:00 p.m. The cooks will be on the grass leaving the parking available for parking. Overflow parking if needed will be allowed in the daycare parking lot. Staff is recommending conditions for this permit approval. Conditions are the following: 1. The alcohol sold must be contained in the area. Patrons cannot carry alcohol thru the parking lot. 2. The area shall be fenced/roped off and follow State executive order restrictions in force at that time. 3. No utilizing the trail with motorized vehicles. 4. Security must be provided by Beef O'Brady's. ACTION REQUIRED Council is requested to consider the extension of the liquor license, request submitted by Beef O'Brady's for September 12, 2020 with the conditions presented by staff and contingent on the application being signed by the business owner. Resp(ecltf4ullly submitted, Michelle Harmer Deputy City Clerk Attach: Outdoor Event Application Event Map Email from Tom Roberts, Stonewood Properties, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV OUTDOOR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST END AT MIDNIGHT. Commercial Outdoor Event Application Name of Business Owner TonyZeece Name of Business: Beef `O' Brady's Address of Business: -____15190 Bluebird St. NW Andover, I4N 55304 Phone Number of Business: 763-434-2700 Email: beefsandover yaApo.com 2. Date(s) of Outdoor Event: Tentatively September 12, 2020 3. Time of Event:_ 11:00 am — 7:00 pm 4. Location of Tent and/or Band: (Provide a sketch on the back of this form detailing where the tent, stage and/or band will be located on the property, indicating lot boundary lines and building locations.) 5. Extension of Liquor License: Yes X No 6. Please provide verification from your Insurance Company indicating your liquor liability insurance provides coverage outside of the premise. 7. Please provide written permission from property owner. Applicant of this application will comply with Andover City Code 5-6, Noise Control. The business is required to provide security for the outdoor event. Dated: Approved: Denied:_ Council Action: _Approved Owner's Signature City Clerk __-_Denied Date: PROVIDE A SKETCH DETAILING WHERE THE TENT, STAGE AND/OR BAND WILL BE LOCATED ON THE PROPERTY, INDICATING LOT BOUNDARY LINES AND BUILDING LOCATIONS. Michelle Hartner From: James Dickinson Sent: Monday, July 27, 2020 11:26 AM To: Michelle Hartner Subject: FW: Rib fest WE From: Tom Roberts Sent: Monday, July 27, 2020 11:01 AM To: 'to ny Zeece' rry Mahaffey' Cc: James Dickinson <J.Dickinson @andovermn.gov> Subject: RE: Rib fest EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Ok with us. Tom Roberts Stonewood Properties, Inc. 11015 Bell Oaks Estate Rd Eden Prairie, MN 55347 From: tony Zeece Sent: Monday, July 27, 2020 10:11 AM To: Barry Mahaffey >; Tom Roberts Subject: Rib fest Hi guys, we are trying to put together our annual Rib Fest event again this year on the 2nd or 3rd Saturday of September. Are you able to send a note to the City of Andover with your approval? Thanks Tony & Matt Sent from Yahoo Mail for Whone 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Development Director SUBJECT: Approve COVID Grant Program - Planning DATE: August 4, 2020 INTRODUCTION The City Council is requested to approve the COVID-19 Emergency Grant Program for local businesses. DISCUSSION The COVID-19 Emergency Grant Program will follow the direction provided by the Andover EDA as discussed at their July 21, 2020 meeting. Attached are all the documents associated with the COVID-19 Emergency Grant Program which include: COVID-19 Emergency Grant Program Policy COVID-19 Emergency Grant Program Application COVID-19 Emergency Grant Program Agreement ACTION REQUESTED The City Council is requested to approve the COVID-19 Emergency Grant Program. COVID-19 EMERGENCY GRANT PROGRAM POLICY Adopted Andover EDA: July 21, 2020 Andover Development Authority Table of Contents Introduction Purpose and Authority III. Objectives IV. General Criteria V. Program Guidelines VI. Application Process INTRODUCTION Small businesses and non -profits are integral and vital to the economic and social fabric of the City of Andover (City). Accordingly, the Andover Economic Development Authority has determined to offer locally owned and operated businesses and non -profits, within the community, a grant opportunity to address working capital needs upon the declaration of a state of emergency by the State of Minnesota (State) and the City. The COVID-19 Emergency Grant Program is administered by the Andover EDA. PURPOSE AND AUTHORITY ➢ The purpose of this policy is to establish the Andover EDA's position relating to the use of the COVID-19 Emergency Grant Program. This policy shall be used as a guide in the processing and review of applications requesting grant funds. ➢ The criteria are to be used in conjunction with other relevant policies of the City and/or Andover EDA. ➢ The Andover EDA reserves the right to approve or reject projects on a case-by-case basis, taking into consideration factors considered appropriate by the City, in addition to established polices, criteria, and potential benefits. Meeting the criteria does not guarantee a COVID-19 Emergency Grant Program application shall be approved. Approval or denial of an application is at the sole discretion of the Andover EDA. III. OBJECTIVES The objective of the COVID-19 Emergency Grant Program is to deploy a local pool of funds to support local small businesses and non -profits in order to ensure viability as they move past the COVID-19 pandemic and seek to re -open or return to pre -pandemic operations. This may be accomplished by some or all of the following means: ➢ Provide needed finances to small businesses and non -profits within the community which have been negatively affected financially as a direct result of the COVID-19 pandemic; ➢ Ensure the viability of Andover businesses and non -profits moving past this crisis; ➢ Limiting the number of job losses as a direct result of the pandemic by assisting small businesses and non -profits in returning to their pre -pandemic employment levels; ➢ Limiting the number of small businesses and non -profits which would potentially permanently close due to COVID-19 pandemic impacts. Thereby also limiting the total number of potential vacancies in key commercial and industrial areas of the City. IV. GENERAL CRITERIA A. ELIGIBLE EXPENDITURES The COVID-19 Emergency Grant Program is intended for those business that have been directly and adversely affected by the COVID-19 Health Pandemic. The COVID-19 Emergency Grant Program may be used for working capital purposes defined as: 1. Paying fixed debts; 2. Payroll costs; 3. Accounts payable; 4. Utility payments; 5. Inventory costs; 6. Paying other direct business-related bills. B. INELIGIBLE ACTIVIES The COVID-19 Emergency Grant Program may not be used for the following activities: 1. Agriculture (crop or livestock production, etc.); 2. Purchasing of machinery or vehicles; 3. Moving expenses; 4. Land acquisition for speculation; 5. Property taxes; 6. Expenses that would have normally occurred without the COVID-19 Health Pandemic. C. ELIGIBLE BUSINESS DETAILS To be eligible to receive a COVID-19 Emergency Grant, a business or non-profit must demonstrate that its operations have been directly and adversely, negatively, affected by the COVID-19 Health Pandemic and/or that it operates in a category named in Executive Orders 20- 04 and 20-08. All applicants must meet the following criteria: 1. Have been "in business by March 1, 2020" (Andover EDA shall have authority to determine "been in business"); 2. Be considered an eligible business type, as defined in IV. C of this policy; 3. Have no more than 50 FTE (full-time equivalent) employees at the location address. Special consideration may be given to businesses and non -profits which utilize independent contractors and sole proprietors within their business; El 4. The small business or non-profit must have a physical address within the City. Proof of address shall be required when applying; 5. All small business or non-profit applicants must be an allowed use through zoning of the property or be a legally non -conforming use; 6. The small business or non-profit must be a legal entity registered with the Minnesota Secretary of State, and be in good standing; 7. Any applicant must not have delinquent taxes, bills, or charges due to the City from February 1, 2020 or prior. 8. The applicant must demonstrate, through their narrative, that operations will not survive "but -for" a grant opportunity. 9. Applicants are strongly encouraged to claim all applicable private and public insurance and utilize all other sources of applicable assistance available from other private and public sources. Applicants are strongly encouraged to apply for an Economic Injury Disaster Loan through the Small Business Administration (SBA), a Small Business Emergency Loan through the Minnesota Department of Employment and Economic Development (DEED), and for a grant through Anoka County prior to applying for this grant. D. ELIGIBLE BUSINESS TYPES Eligible small businesses which may apply for the COVID-19 Emergency Grant Program include businesses which have been deemed non-essential by the State of Minnesota or those which have faced mandated closures per State of Minnesota orders. The Andover EDA may allow for non -profits to apply to the COVID-19 Emergency Grant Program if they also have been deemed non-essential by the State of Minnesota or which have faced mandated closures per State of Minnesota orders. E. REQUIRED DOCUMENTS Application requirements include: 1. Basic details about the business; 2. Basic employment and annual gross revenue information; 3. Information on current operations including whether the business is currently closed or is providing reduced services; 4. Narrative descriptions and estimated calculations of the negative impacts on the business due to COVID-19; 5. Articles of Incorporation, or proof of business existence; 6. Information on the intended use of the grant funds. F. CONFLICT OF INTEREST An officer of the City will not have a personal financial interest or personally benefit financially from the business to be assisted. Minn. Stat. 471.87 and 471.88 provide guidance on conflict of interest. G. GOVERNMENT DATA PRACTICES Information contained in the application for assistance will become a matter of public record with the exception of those items protected under Minn. Stat. 13.591. V. PROGRAM GUIDELINES GRANTAMOUNT o Actual loss up to $50,000 (subject to total funds available and number of application submitted). ➢ PROOF OF NEED o All applicants shall be required to provide proof of financial need for grant funds prior to approval. This includes but is not limited to the previous year's annual gross revenue, average monthly gross revenue prior to COVID-19, and projected monthly gross revenue for the next two months. ➢ PROOF OF EXPENSES o Applicant shall provide proof of eligible expenses requested to be paid with grant funds (see eligible expenses in IV. A). ➢ DISBURSEMENT OF FUNDS: o Funds shall be distributed within one to two weeks after a fully executed grant agreement has been received depending on how grant recipients elect to receive funds. ➢ TERMINATION: o The Andover EDA retains the right to terminate any agreement under the COVID- 19 Emergency Grant Program if a grant recipient is found to be in violation of any conditions set forth in the grant guidelines or grant agreement. 9 ➢ RIGHTTO DENY: o The Andover EDA retains the right to deny any application for grant funding. ➢ GRANTAGREEMENT: o Upon a successful grant application being awarded funds, the grant recipient shall enter into a Grant Agreement with the Andover EDA. Funds will not be distributed for any grant award until a grant agreement has been executed by all required parties. ➢ REPORTING: o Asa condition for receiving grant funding, all grant recipients are required to submit a brief report to the Andover EDA within 60 -days after an executed grant agreement, specifying how the entirety of the grant funds were utilized and providing evidence in the form of paid invoices, statements, or similar documentation. ➢ FUNDING AVAILABILITY: o The COVID-19 Emergency Grant Program has a limited amount of funds available. Awards will be provided after an application deadline and selection process has occurred. ➢ INDEMNIFICATION: o All grant recipients shall be required to indemnify the City, the Andover EDA, and any officers acting on their behalf. VI. APPLICATION PROCESS All applications for funding from the COVID-19 Emergency Grant Program will be until 4 pm on August 17, 2020. Applications will be required to be submitted to the Andover EDA (contact information is listed below). Upon submission of an application, Andover EDA Staff will review the application to ensure complete information is provided. If additional information is needed, Staff will request the needed information. Andover Economic Development Authority Attn:Jim Dickinson, Executive Director 1685 Crosstown Blvd. N.W. i.dickinson(cDandovermn.eov 763.767.5110 7 VII. APPLICATION TIMELINE Deadline 4:00 pm on August 17, 2020 Review August 17 to August 27, 2020 Approval Andover EDA Meeting September 1, 2020 0 Andover Economic Developmeni Authority Small Business Emergency Grant Application Program Information: All grants awarded are for the purpose of working capital and intended to replace cash flow used for operating costs that existed at the time of the peacetime emergency declaration made through Executive Order 20-01. Such costs may include current payroll obligations, lease or mortgage payments, utilities, accounts payable, and other critical business expenses that can't be paid as a direct result of the current health emergency. This program is subject to applicable state and local peacetime emergency executive orders. Objectives: The objective of the COVID-19 Emergency Grant Program is to deploy a local pool of funds to support local small businesses and non -profits in order to ensure viability as they move past the COVID-19 pandemic and seek to re -open or return to pre -pandemic operations. This may be accomplished by some or all of the following means: ➢ Provide needed finances to small businesses and non -profits within the community which have been negatively affected financially as a direct result of the COVID-19 pandemic; ➢ Ensure the viability of Andover businesses and non -profits moving past this crisis; ➢ Limiting the number of job losses as a direct result of the pandemic by assisting small businesses and non -profits in returning to their pre -pandemic employment levels; ➢ Limiting the number of small businesses and non -profits which would potentially permanently close due to COVID-19 pandemic impacts. Thereby also limiting the total number of potential vacancies in key commercial and industrial areas of the City. Eligibility Notes: All applicants must be eligible businesses with physical operations located in the City of Andover that have been operating long enough to demonstrate financial viability. Applicants must demonstrate that they were directly and adversely affected by the COVID-19 related peacetime emergency Executive Orders 20-04 and 20-08, including being in an industry specifically named by those executive orders. Please review and complete entire application prior to submittal. Please review COVID-19 Emergency Grant Program Policy prior to completion of the application. As part of this application you will find Minnesota State Statute §13.591, some data that was originally considered private would become public information if awarded a grant. Applicant Information 1. Business legal name: (Name should be the officially registered name of the business entity.) Business operating name (if different) Type of Business: NAICS Code (if available): Business street address: Citv: Mailing address (if different): City: Telephone: Business website: 2. Individual completing the application: Name: Title: Address: Telephone: State: State: Email: Zip Code: Zip Code: (Owner, Founder, CEO, General Manager, Partner, etc.) Email: 3. Is your business registered with the Minnesota Secretary of State? ❑ Yes ❑ No 4. Do you own the building where your business is located or have a lease for the space? ❑ Own ❑ Lease Applicants will need to provide a copy of a lease or statement of lease terms, mortgage statement, property tax statement, or other documentation to show site control within the city. 2 5. Business description (product, hours, customers, clients, number of locations, etc.), type (industry) and brief history of business: r What year did this business begin operating in Andover? a. Does the business operate (have a physical presence) in another city? ❑ Yes ❑ No If yes, please specify other location(s): 7. Employment (please include all W-2 employees): On March 1, 2020: # Full-time employees: Current: # Full-time employees: Financial Information 8. Annual gross revenue last year? Part-time employees: Part-time employees: 0 9. Average monthly gross revenue prior to March 16th? 10. Projected monthly gross revenue? R (Average of next three months) 11. Estimated monthly gross revenue loss due to COVID-19: $ 12. Insurance claims filed? ❑ Yes ❑ No ❑ Not Applicable 13. Evidence of submittal, acceptance, approval and/or denial of State and federal emergency financing program application. Has applicant applied for an Economic Injury Disaster Loan through the SBA and Small Business Emergency Loan through the Minnesota Department of Employment and Economic Development (DEED) and/ or other government financing prior to applying for this grant? ❑ Yes ❑ No 9 14. Evidence of submittal, acceptance, approval and/or denial of a grant opportunity through Anoka County. Has applicant applied for a grant through Anoka County? ❑ Yes ❑ No Please explain below: COVID-19 Impact 15. Was your business ordered to close or had to significantly reduce its operations by a State of Minnesota Emergency Executive Order in 2020? ❑ Yes ❑ No 16. Current operating status of business: ❑ open for business and/or operating online ❑ open for business but with reduced hours ❑ reduced operations and/or operating online ❑ closed but still operating onsite, online or remotely ❑ closed but products and or services redeployed to assist current health crisis ❑ completely closed ❑ Other: please explain current status of business if none of the above apply. 17. Briefly explain how the business has been impacted by COVID 19 health pandemic and/or related Executive Orders and what challenges it is facing. 18. What are your plans to reopen and/or resume operations following the COVID-19 crisis? 19. Grant amount requested 20. Please describe how you intend to use awarded grant funds to support your business during the COVID-19 crisis. Eligible expenses include current payroll obligations (i.e. may not include employees who have been laid off), lease or mortgage payments, utilities, accounts payable, and other critical business expenses that can't be paid as a direct result of the current health emergency. Please specify eligible expenses expected to be paid with funds. Include proposed expenses requested to be paid using total amount of grant. For example: Payroll — 2 employees, 2 weeks: $3,000, May Rent - $2,000. 21. Is there anything else that we should be aware of in relation to your application or business? Preference for Receipt of Funds Upon notification of any award of funds, how would you prefer to receive payment? Please choose one of the following options: ❑ Option 1— Check (allow 14 days for processing once application is approved and fully - executed grant agreement has been received) Please provide payee name and mailing address: Check payable to: Mailing address: ❑ Option 2 — Wire Transfer/Direct Deposit (allow 72 hours for processing once application is approved) Please provide all bank information listed below: Bank name: Bank address: Bank routing number (9 digits): Account name: Account address: Checking account number: Your contact phone number or e-mail for questions: You can also contact our city finance department directly with this information by e-mail at L.Brezinka@andovermn.eov L Supporting Documents The following documents must accompany an application for it to be deemed complete: Evidence that you own or lease the space your business is located in. Example documentation includes: copy or statement of lease including terms, mortgage statement, property tax statement or other document to show proof of occupancy within City of Andover. This could also include photograph or web map street image of the business location with evidence of business signage, if applicable. 2. Proof of eligible expense requested to be paid with grant funds. This includes, but is not limited to, payroll, rent/mortgage/utility/ property tax statements, accounts payable, and other critical business expenses that can't be paid as a direct result of the current health emergency. 3. AW -9 Form (with signature). 4. Other supporting documentation deemed necessary by the EDA to assist in understanding the applicant's situation. Grant Report All grant recipients are required to submit a brief reportto the Andover EDA 60 days after the date of the executed grant agreement, specifying how the entirety of the awarded grant funds were utilized. Grant Recipients will be required to provide substantially the following information: Business name: Business street address: City: State: Zip Code: Name and title of person completing form: 1. What was the total amount of grant you received? 2. Did you utilize the funds as expected and stated in your application? ❑ Yes ❑ No, please explain 3. Please specify how grant funds were utilized. Include expenses and amounts up to total amount of grant. For example: Payroll — 2 employees, 2 weeks: $3,000, May Rent - $2,000. P 4. Please describe benefits received from the awarded funds. 5. Briefly explain any ongoing business impacts from the COVID-19 pandemic: Applicant Acknowledgements 1. The Applicant shall hold the Andover EDA, its officers, consultants, attorneys, and agents harmless from any and all claims arising from or in connection with the Grant Program or its Application, including but not limited to, any legal or actual violations of any State or Federal laws. 2. The Applicant recognizes and agrees that the Andover EDA retains absolute authority and discretion to decide whether or not to accept or deny any particular Grant Application, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant in connection with the Grant Application are incurred by the Applicant at its sole risk and expense. 3. The Applicant acknowledges that it has read the COVID-19 Emergency Grant Program guidelines and understands that if the application is approved for funding, grant funds awarded must only be used to pay eligible expenses. 4. 1 have received and reviewed a copy of Minnesota State Statute §13.591 as part of this application and understand that some information submitted would be considered public information if awarded a Grant 5. Financial Assistance Certification: I hereby certify that the Small Business Emergency Assistance is necessary due to direct and adverse effects related to Executive Orders 20-04 and 20-08. The undersigned, a duly authorized representative of the Applicant, hereby certifies the foregoing information is true, correct, and complete as of the date hereof; and agrees that: • All proceeds from the grant will be used for eligible business expenses under the COVID-19 Emergency Grant Program; • Applicant will file a report with the Andover within 60 -days after the date of the executed grant agreement stating how awarded funds were spent; • Applicant shall be bound by all terms and provisions of the COVID-19 Emergency Grant Program. Name/Title of Authorized Business Representative Signature of Authorized Business Representative 10 Date COVID-19 EMERGENCY GRANT AGREEMENT This Grant Agreement ("Agreement") is made this _ day of 2020, between the Andover Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota ("Grantor"), and a Minnesota ("Grantee"). RECITALS A. Grantor has duly established its COVID-19 Emergency Grant Program (the "Program") and has approved policy and guidelines for said Program (the "Program Guidelines"). B. Grantee has submitted an application for a grant (the "Grant Application") pursuant to the Program Guidelines, and Grantor has approved a grant to the Grantee in the maximum principal amount of $ (the "Grant") to pay a portion of the costs of qualifying expenditures under the Grant Guidelines as set forth in the Grant Application, in connection with Grantee's business located at in the City of Andover, Minnesota (the "City") (the "Grant Activities"). C. The Grantor and Grantee have negotiated the terms of the Grant, and now desire to memorialize such terms in this Agreement. ACCORDINGLY, to induce Grantor to make the Grant to Grantee, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The Grant Amount. Subject to and upon the terms and conditions of this Agreement, the Program Guidelines, and the Grant Application (together, the "Grant Documents"), Grantor agrees to grant to Grantee the sum of and no/100ths Dollars ($ ). Proceeds of the Grant shall be disbursed for the Grant Activities approved pursuant to the Grant Documents in accordance with Section 2 hereof. 2. Disbursement of Grant Proceeds. (a) All Grant proceeds shall be paid to Grantee in accordance with the terms and conditions of the Grant Documents. Notwithstanding anything to the contrary herein, any costs of the Grant Activities exceeding the amount to be reimbursed under this Agreement shall be the sole responsibility of the Grantee. (b) On the date of closing on the Grant, all Grant proceeds shall be disbursed to the Grantee. The disbursement of proceeds of the Grant will be made subject to the conditions precedent that prior to or as of the date of disbursement: (i) The Grantor has received from Grantee, without expense to Grantor, an executed copy of this Agreement; (ii) Grantee is in compliance with the terms of the Grant Documents. 3. Representations and Warranties. Grantee represents and warrants to Grantor that: (a) Grantee is duly authorized and empowered to execute, deliver, and perform this Agreement and to receive the Grant from Grantor. (b) The execution and delivery of this Agreement, and the performance by Grantee of its obligations under the Grant Documents, do not and will not materially violate or conflict with any applicable provision of law and do not and will not materially violate or conflict with, or cause any default or event of default to occur under, any material agreement binding upon Grantee. (c) The execution and delivery of this Agreement has been duly approved by all necessary action of Grantee, and this Agreement has in fact been duly executed and delivered by Grantee and constitutes its lawful and binding obligation, legally enforceable against it. (d) Grantee warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of Grant proceeds and that any duly authorized representative of Grantor shall, with reasonable advance notice, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of Grantee pertaining to the Grant until the completion of all closeout procedures and the final settlement and conclusion of all issues arising out of this Grant. (e) Grantee warrants that to the best of its knowledge, it has fully complied with all applicable state and federal laws reasonably relevant to this Agreement and will continue to comply throughout the terms of this Agreement. If at any time Grantee receives notice of noncompliance from any governmental entity, Grantee agrees to take any necessary action to comply with the state or federal law in question. (f) Grantee warrants that it will use the proceeds of the Grant made by Grantor solely for the Grant Activities, and that within 90 days after the date of this Agreement, Grantee shall provide to Grantor in writing a brief report in substantially the form included in the Grant Application, specifying how the entirety of the Grant funds have been utilized and providing evidence in the form of paid invoices, statements, or similar. 4. No Business Subsidy. The parties agree that the Grant is not a business subsidy as defined in Minnesota Statutes, Sections 116J.993 to 116J.995, as amended (the "Business Subsidy Act'), because the assistance is in an amount less than $150,000. 5. Event of Default by Grantee. The following shall be Events of Default under this Agreement: (a) failure to complete any part of the Grant Activities within 60 days after the date of this Agreement; 2 (b) any representation or warranty made by Grantee herein is false when made; (d) any material breach or failure of Grantee to perform any material term or condition of this Agreement not specifically described as an Event of Default in this Agreement and such breach or failure continues for a period of thirty (30) days after Grantor has given written notice to Grantee specifying such default or breach, unless Grantor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Grantor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Grantee within the applicable period and is being diligently pursued until the Event of Default is corrected, but no such extension shall be given for an Event of Default that can be cured by the payment of money (i.e., payment of taxes, insurance premiums, or other amounts required to be paid hereunder). 6. Grantor's Remedy pon Grantee's Default. Upon an Event of Default by Grantee and after provision by Grantor of written notice, Grantor shall have the right to suspend or terminate its performance under this Agreement. In addition, Grantee will be ineligible for future grants under the Program. Indemnification. (a) Grantee shall and does hereby agree to indemnify against and to hold Grantor, and its officers, agents, and employees, harmless of and from any and all liability, loss, or damage that it may incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever that may be asserted against Grantor by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants, or agreements contained herein. (b) This indemnification and hold harmless provision shall survive the execution, delivery, and performance of this Agreement and the payment by Grantor of any portion of the Grant. (c) Nothing in this Agreement shall constitute a waiver of or limitation on any immunity from or limitation on liability to which Grantee is entitled under law. 8. Miscellaneous. (a) Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived, amended, or modified only by a writing signed by Grantee and Grantor. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. (b) Assignment. This Agreement shall be binding upon the parties, their successors, and assigns. All rights and powers specifically conferred upon Grantor may be transferred or delegated by Grantor to any of its successors and assigns. Grantee's rights and obligations under this Agreement may be assigned only when such assignment is approved in writing by Grantor; except that if such assignment is made to an affiliate or subsidiary of Grantee, Grantee may assign any of its rights or obligations to such affiliate or subsidiary upon written notice to the Grantor. (c) Governing Law. This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. (d) Severabilitv. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. (e) Notice. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To Grantor: Andover Economic Development Authority 1685 Crosstown Boulevard Andover, MN 55304 Attn: Executive Director To Grantee: Attn: (f) Termination. Upon the date of receipt by the Grantor of Grantee's written report on Grantee's expenditure of Grant proceeds as described in paragraph 3(f) of this Agreement, this Agreement shall terminate and neither party shall have any further obligation to the other. (g) Entire Agreement. This Agreement, together with the Grant Documents, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning the Grant. (h) Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers thereunto duly authorized on the day and year first written above. GRANTOR: ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By: Its President By: Its Executive Director [SIGNATURE PAGE TO GRANT AGREEMENT - GRANTOR] GRANTEE: L-fi Title: [SIGNATURE PAGE TO GRANT AGREEMENT—GRANTEE] 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Finance SUBJECT: Approve Funds Transfer and Budget Amendments — Road & Bridge Capital Projects Funds (CPF) DATE: August 4, 2020 INTRODUCTION At the July 28th workshop, Council discussed transferring funds from the General Fund to the Road & Bridge CPF for the construction of roadway maintenance/improvements ($1,000,000). DISCUSSION During the 2021 budget development process, an emphasis was placed on roadway maintenance/improvements. This transfer will allocate $1,000,000 to the Road & Bridge CPF to provide a one-time infusion of funds for the construction of roadway maintenance/improvements. The General Fund is able to allocate these funds due to revenues exceeding expenditures over the past few years. BUDGETIMPACT This transfer will expedite the construction of roadway maintenance/improvements. Budget amendments will also be made to the adopted budgets of the General Fund making the transfer and the Road & Bridge CPF receiving the funds. ACTION REQUESTED The Andover City Council is requested to approve the aforementioned transfer and corresponding budget amendments. Ree/sspectfully submitted, (((///Lee Brezinka 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 Administrato FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Classifying Dangerous Dog/13934 Ivywood Street DATE: August 4, 2020 ACTION REQUESTED The City Council is requested to receive a presentation, gather testimony and to consider adopting the attached resolution declaring an American Terrier/Boxer, named Max a dangerous dog. DISCUSSION Attached are police reports and correspondence explaining the circumstances of incidents with this dog. In the City Administrator's opinion, it appears that the owner of the dog did not take reasonable attempts to properly control/restraint a "potentially dangerous dog" and based on the July 22, 2020 incident is requesting a "dangerous dog" declaration which will require the dog owner to comply with the dangerous dog ordinance provisions. Definition: DANGEROUS DOG/CAT: Any dog/cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. A and C apply to this request. Ms. Gangaware, owner of said dog has been informed of the time and place of this meeting and may appear to provide testimony. �a The following is the chronology leading to this request: July 6, 2020 — Police report stating said dog bit a woman walking her dog. July 6, 2020 — Ms. Gangaware obtained a City dog license for said dog. July 8, 2020 — "potentially dangerous" dog notification was sent to Ms. Gangaware. July 22, 2020 — Police report stating the dog was running at large and bit a woman walking down the street. July 24, 2020 — Administration requested the Anoka County Sheriff s Office to pick up the said dog and bring to North Metro Animal Care and Control for the 14 -day quarantine period. July 27, 2020 — "dangerous dog" hearing notification for the American Terrier/Boxer, Max was sent to dog owner Ms. Gangaware. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Police reports Letters and pictures provided by Jamie Gangaware City Code Title 5-1 Resolution CC: Jamie Gangaware, 13934 Ivywood Street NW, Andover, MN 55304 Anoka County Sheriffs Office ages Slyq - Supplement Report 13301 Hanson Blvd NW, Andover, MN 55304 10 Phone: 763-324-5000 Case Number: 20162344 Date Reported: 07/06/2020 Tifle: ORIGINAL OFFICER NARRATIVE Narrative: On 7/6/20 at 10:45 hours, I Deputy Lerman was dispatched to meet with the caller, Peggy Johnson regarding a dog bite she received earlier in the day from a dog that is owned by a female in the neighborhood. I arrived and spoke with Peggy who stated she was out walking her dog along with two other ladles when she observed a neighbor, Jamie Gangaware, walking her dog towards her. Peggy stated she is aware that Jamie's dog is not fond of hers's so they do not stop and talk or wave until they have passed. Peggy advised Jamie and her dog passed on opposite sides of the road, and after they passed, she heard Jamie yell toward her that her dog, Max had gotten loose and was running towards them. Peggy stated after she picked up her dog to protect it, Max jumped up and she was bitten on the backside of the left armpit between the deltoid and the shoulder blade. Peggy believed Max was trying to get her dog and Instead was bit herself. Peggy had gone to the doctor prior to calling and had the wound cleaned and bandaged. She did not require stitches, however, did receive a tetanus shot and anti-blotics. Peggy had taken pictures of the Injury right after it happened and forwarded them to me by email. then spoke to the dog owner, Jamie Gangaware who stated around 07:00 am she was walking her dog, Max when she observed Peggy and her dog walking towards her. Jamie stated she walked to the opposite side of the road as they passed. Jamie advised after they passed she had Max sit and she was rewarding him with a treat since they are practicing distraction training. Jamie stated she must have relaxed too much and the dog leash slipped out of her hand and Max took off towards Peggy's dog. Jamie stated Max likes to play with little dogs and has never had an incident like this. Jamie advised Max is a rescue dog that she has had for two years now. Max Is a three-year-old male American Staffordshire Terrier. Jamie did provide a Certificate of Rabies Vaccination from Vetco that expires on 1/18/2022. Jamie does not have her dog registered with the City of Andover. I explained the quarantine requirement for the City of Andover which will take place at Jamie's residence. I suggested Jamie get her dog licensed with the City and have all vaccination information available. Copy of rabies vaccination, photos of Peggy's injury and completed dangerous dog form attached. End of Report Deputy M. Lanman,#227 is 070720 Author: Officer(s): Involvement Type: REPORTING Officer Name: Lanman, Michelle C ZPD00139 Date:07/06/2020 10:50:00 Car #: 382 Page 2 of 2 NOTICE OF "POTENTIALLY DANGEROUS DOG' Date of Notification: 07/06/2020 ICR: 20162344 Name of Owner: Jamie Gangaware Date of Birth: Address: 13934 1VYWOOD ST NW Andover, MN 55304 Home Phone: Cell Phone: Name of Dog: Max Breed: American Staffordshire Terrier Color: Cinnamon Sex: ® M ❑ F ® Yes Neutered/Spayed: ❑ No Age: 3 ® Person or domestic animal was bitten by above dog. ❑ Person or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack without provocation. ❑ The above said dog has on the following dates in the past, attacked persons or other domestic animals without provocation. Date: Time: ICR: Date: Time: ICR: Dated: 07/06/2020 Signed By: M, Lanman Deputy Name Title cc: City of Andover Case Number: 20178201 Narrative: Anoka County Sheriff's Office Supplement Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Date Reported: 07/22/2020 I was dispatched to the residence on a report of a dog bite. I arrived and made contact with Mortensen who advised me that she had just left her friends house and was walking down the street when a dog ran towards her and bit her leg. Mortensen said that the front door to the residence was open and she observed the dog at the doorway. Mortensen said that she looked at the dog and It started to run towards her. Mortensen advised me that the owner of the dog attempted to grab It but was unable to. The dog bit her right leg and punctured the skin. Mortensen said that she went to the doctor and had to get two stitches. Mortensen provided me with picture that she had taken of the Injury prior to going to the doctors office. I then drove to where the dog came from and identified the dog owner as Gangaware. Gangaware told me that she attempted to catch the dog but was unable to. She told me that the dog ran in the street and bit a lady walking. Gangaware provided me with the dogs information and all the vaccination records. I advised of the quarantine terms and Gangaware stated that she was able to follow the rules. Gangaware also told me that she has the dog signed up for a two week training program. A copy of the vaccination, a photo of Mortensen's injury and the dangerous dog form will be attached to this report. Clear Deputy Arthur 292 Is 072420 CC: City of Andover Author: Officer(s): Involvement Type: REPORTING Officer Name: Arthur, Michael S ZPD00006 Date:07/23/2020 21:00:00 Page 2 of 2 NOTICE OF "POTENTIALLY DANGEROUS DOG" Date of Notification: 07/22/2020 ICR: 20-178201 Name of Owner: Jamie Lee Gangaware Date of Birth: Address: 13934 ivywood St NW Andover, MN 55304 Home Phone: Cell Phone: Name of Dog: Max Breed: American Staffordshire Color: Cinnamon Sex: ® M ❑ F ® Yes Neutered/Spayed: ❑ No Age: 3 ® Person or domestic animal was bitten by above dog. ® Person or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack without provocation. ® The above said dog has on the following dates In the past, attacked persons or other domestic animals without provocation. Date: 07/06/2020 Time: 0700 hrs ICR: 20162344 Date: Time: ICR: Dated: 07/22/2020 Signed By: Michael Arthur Deputy Name Title cc: City of Andover cc: Dog Owner Anoka County Sheriffs Office ANL66iY^---A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV July 8, 2020 Jamie Gangaware 13934 Ivywood St. NW Andover, MN 55304 Dear Ms. Gangaware: Your Boxer Mix, Max has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where the dog bit a woman on July 6, 2020. In the event your dog again aggressively attacks, bites, or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including possible abatement. As the owner of a "potentially dangerous" dog you are required by State Statute 347.515 to: 1. Implant a microchip for identification in the potentially dangerous dog within 30 days of receipt of this notice. 2. You are required to provide the City with the name of the microchip manufacturer and identification number of the microchip by August 7, 2020. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog's owner. If you choose to have your dog euthanized, please provide the city with a copy of the paperwork from the vet. If you choose to relocate your dog to another jurisdiction, please provide the city with a notarized letter indicating the name, address and phone number of where the dog was relocated. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, Michelle Harmer Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV July 24, 2020 Jamie Gangaware 13934 Ivywood St. NW Andover, MN 55304 Dear Ms. Gangaware: The City has taken up and impounded a dog we believe to be a Boxer Mix named Max. This was done after a July 22, 2020 incident in which this dog threatened and bit a woman in the street in your neighborhood. This dog was not properly controlled by you, the owner. The City is requiring said dog to be quarantined for the required 14 days at the City's animal control facility, North Metro Animal Care & Control, 16422 Hanson Boulevard NW, Andover 55304. All costs incurred in confiscating and confining the animal will be paid by the owner. Any costs unpaid after 30 days shall be assessed against the owner's property. Said dog was deemed "potentially dangerous" on July 8, 2020 due to an incident on July 6, 2026 in which the dog bit a woman. If you have any questions, please call me at 763-767-5107. Sincerely�, Michelle Hamner Deputy City Clerk Enclosure 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV July 27, 2020 Jamie Gangaware 13934 Ivywood St. NW Andover, MN 55304 Dear Ms. Gangaware: This notice is to inform you a hearing has been scheduled for August 4, 2020 at 7:00 p.m. at Andover City Hall to consider classifying your Boxer Mix, Max as a "Dangerous Dog". 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 your dog as a dangerous dog. Members of the public can physically attend, although there is very limited seating in the City Council Chambers as appropriate social distancing will be done by the Council and visitors. If you would like to submit a statement to me to be included in the Council meeting agenda packet, please do so by 12:00 p.m. Thursday, July 3 Oth. I have enclosed a copy of City Code 5-1 for your review. If you have any questions, please feel free to call me at 763-755-5100. Sincerely, Michelle Hartner Deputy City Clerk m.hartner@andovermn.gov Enclosure Andover City Council c/o Michelle Hartner 1685 Crosstown Blvd NW Andover, MN 55304 July 30, 2020 Ms. Hartner- Attached you will find statements and information to be included in the Council agenda packet for the Councilmembers, all with regards to my dog Max and his recent incidences within the city of Andover. While I am planning on attending the meeting on 8/4 and speak to Council regarding their classifying Max as a dangerous dog, I wanted to also include a short statement here as well. Max was adopted from Secondhand Hounds in the spring of 2018. At the time he was estimated to be about 7 months of age and we were thrilled to have him. He had been in foster for about 45 days prior to adoption and was shown to be good with both cats and children, which hit both of our "must haves' when looking for a dog to adopt. Max has fit in well with our family (husband Mike and son RJ, along with two cats Barnum and Bunk). Having a dog has gotten us out on walks together where we can talk about our day. My son attends Crooked Lake Elementary and since we live in the neighborhood behind the school, he walks to school most mornings and home every Friday. Max has been a common sight at the school, as he accompanies us on these walks. Max remains his calm self around the kids and there are a few children who regularly run to give him hugs, to which he happily accepts. We have been to many dog parks around the N. Metro and Max loved to run and be with other dogs. He has never had any issues or altercations at any parks, and has shown himself to be submissive and eager to follow the group. Max loves to meet all dogs, even those who do not want to meet him. If there are dogs that are intimidated by him or seem fearful, we (Max and 1) will always (even before COVID) cross the street and continue walking or cross the street and stop for redirection of Max's attention. There are two dogs in the neighborhood that I am always paying attention for. Because of his need to meet dogs, he will strain at his leash and pull when those other dogs walk by. I have been working with Max to sit nicely and will redirect with treats so that his eyes are on me until the other dog has passed. This has worked very well to put our fellow dog walkers at ease. On the morning of July 8, this was the case. I had redirected Max successfully and after the dog, its owner and her walking partners had passed, I praised Max and bent to pick up a water bottle I had been carrying but had put on the ground to have hands for the treat bag. While I was distracted, thinking about my workday that was to start in a few minutes, Max pulled his leash from my hands and ran towards this dog. I called for the owner, she turned and immediately picked herdog up. Max jumped to reach the dog and the owner sustained an injury to her arm. I was able to grab Max and he calmed down immediately, at the same time this owner was trying to calm me down. Max paid no attention to either of her two walking partners (human) who were standing very close during this encounter. I realized that my slipup was to blame for this encounter and I was so upset. After this incident, I began looking into training programs, specifically focusing on obedience. I found a trainer in Kensington that specializes in stubborn dog breeds. Max was set to be delivered for a minimum weeklong training session from 7/24- 8/1, with that weekend being one where I would be on- site to work with him as well. We strictly complied with the 14 day in-house quarantine and I registered Max with the city the same day of the incident. His quarantine expired the morning of July 22. On this morning, a Wednesday, I was getting my son ready to be picked up for his day at YMCA Camp Heritage. It was Max's first day off quarantine and both he and I were excited to go for a walk after my son went off to camp. It was an earlier pickup than usual that morning, due to carpooling schedules, so we were ready for his ride at 8:00. 1 received a text saying his ride would be just a few minutes late, so instead of waiting inside, I suggested that we sit on the front steps. My son and I walked out of the house and I pulled the door behind me, but I did not pull it hard enough to shut. I don't know why I didn't shut it all the way, I don't know if I even realized that I hadn't. I certainly wasn't thinking of what was to come. Being the bored 9 year old he is, my son started walking towards the driveway. I walked with him commenting on the bees in ourtiny native planting and mentioning that we could look for monarch caterpillars on our other garden. He and I walked to the other side of the driveway to our milkweeds, about 5' from the road (Ivywood St.). At this time, so many things happened at once. I noticed that our neighbor, who had been chatting with a friend in front of her house, was walking back into her home. I then noticed that this friend was passing in front of our driveway, a few feet from us, and then I heard Max's collar. I turned and saw he had run out of the house and 1 quickly moved to grab him. Before I could fully get my hand on his collar, he had bitten this woman. Once I had my hand on him, he laid down and was completely compliant and calm. I know that having these two events happen back to back, even though they were different, look extremely bad for our dog and our family. I cannot express how heart wrenching all of it has been for my family and I. We are worried about our pup, worried about our future without him and worried about our neighborhood. We know there are those within our community that are as shocked by this behavior as we are. They know that we will do everything it takes to make sure this never happens again. And we are also aware that we don't have that same relationship with everyone in this neighborhood. We are relative newcomers at just under 4 years here. We know that we will need to work hard to prove that we care about this community as much as we care about our pets and our family. We have secured the services of professional dog trainer Barbara Godding of Dog Talk Training MN, whom was the top trainer recommended to us by the adoption organization, Secondhand Hounds. I reached out immediately to this organization, as I could recognize that we needed more than just obedience as this behavior is shockingly out of character. Barbara will be working one-on-one, at our home. She will be here to work with not only Max, but also with our family, to evaluate and help Max overcome his fears and insecurities. As she mentions in the attached letter, we will be muzzle training Max and walking with double leashes, both of which can help concerned neighbors feel protected by visually seeing the efforts we are making.. I have already purchased the items so we are ready to begin as soon as possible. The main work will be on correcting those behaviors that have us here in the first place Inside the home, we have permanently installed two gates to prevent Max from having access to outside doors. We have received two quotes from local fencing contractors for our backyard and will have two more by the end of next week. We are currently working on determining property corners. We are asking for a chance to help our dog. We are asking for the council to look at the incidents and see they were different and that human error was a factor in both. My errors. We are asking for the council to consider all of the work we are doing to change this current situation. We are asking for the council to not classify Max as a dangerous dog. Thank you for your time and consideration. Attached are letters of support from friends and family, attesting to this behavior being outside of the norm for Max and hoping that we are given a chance to correct these behaviors. I have also included a letter and notes from his veterinarians regarding his behavior when in the stressful environment of a veterinary office. Finally a few family photos showing how well loved this dog is to further attest to our resolve in remedying the current situation. Sincerely,, amie angaware 1 Ivywood St NW Andover, MN 55304 7/26/2020 To Whom It May Concern: I am writing on the behalf of not only the dog "Max" who has recently come under local scrutiny, but also on the behalf of his owners Jamie Gangaware and Mike Czarnowski. I've known Max since they got him a little over 2 years ago and Mike and Jamie for decades. As a good friend and colleague of Jamie's, I've been kept informed of this recent situation as it has evolved and am somewhat in a state of disbelief. I have spent a fair amount of time with Max, both in my home and in public settings. I personally own a senior dog with an extremely low tolerance for dominant, aggressive, or disrespectful high-energy dogs and we have never had an issue between the two of them when Max has come to visit. 1 have hiked miles and miles of rugged trails, camped many nights in crowded campgrounds, and enjoyed numerous outdoor patio meals with Jamie and Max, encountering seemingly endless numbers unknown humans and dogs in our travels. Not once have I witnessed Max display any aggressive tendencies towards any of these 'strangers'. The interactions between Max and unknown 'others' that I have observed have been nothing more than the standard canine 'sniff inspections' and the occasional attempts to inspire play. Although an outgoing canine with a solid build, it is my personal opinion and experience that Max is quite submissive. Jamie and Mike are responsible and committed pet owners. After the first incident, they immediately began to address the issue and seek potential solutions. From physical changes they have or are in the process of implementing around the house to seeking targeted, one-on-one, in-person training opportunities for Max, they have been taking this situation extremely seriously and are taking the steps necessary to make Max an upstanding member of the community. Max is an important part of their family. I respectfully request that Max not be labeled as a 'dangerous dog' and that the council provides Jamie, Mike and Max the opportunity to pursue the in-home changes and training that they have lined up to help Max grow and mature. Thank you for your time and consideration, Leslie George Willow River, MN NeU© /"1Y /\/AMC ji�-Ab(' I A,,vN Y VIAvc N0 vv 4' P 1 v RR�nn �ju�t� RJ's friend Jude from elementary school. City of Andover, City Council c/o Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 July 28, 2010 Re: Gangaware/Czarnowski Dog —Max Dear Mayor Trude and Councilors: I am writing in support of Max, a dog that has recently come under scrutiny in your community. First, thank you for taking the time and initiative to be leaders in your community and for taking on emotional issues such as the one presented to you regarding Max. I have lived in Duluth for 15 years, and appreciate all that City Councilors must do or decide, sometimes under great duress, for their neighbors. At issue is the status of a well -loved and cared -for pet under ownership of my brother, Mike Czarnowski, and sister -in law, Jamie Gangaware. As a past owner of a truly dangerous dog, leading us to make a heartbreaking but necessary decision, I can personally attest to the signs and behaviors of a dangerous dog. And I can assure you that Max is not a dangerous dog. I have spent many hours with Max over the past 2 years, with my young children (currently ages 10 and 6) and it has been nothing but a complete pleasure. He is a loving, obedient dog that adores his family and likely wants nothing more than to be back at home. I have witnessed Max interacting with other dogs, other people and his owners with complete confidence in his behavior. Just this past visit, an unrestrained neighbor dog came into Jamie and Mike's yard while we were outside on the deck. Max was on a tie out, up on the deck with us. This dog came onto the deck with all of us. Max was super excited to meet the dog and they played well. When the owner/ neighbor finally came to collect their unrestrained dog, Max had no issues with this stranger, on his property, at his home. Under the steady and competent hand of Jamie, Mike and their son R.J., Max is a good, family dog that currently needs extra training, which his owners have already committee to and arranged for with an expert dog trainer. As many of you have likely experienced, adopting a dog from a shelter always has its risks. Max is no different. However, I can assure you that Jamie and Mike feel just awful about the disruption they have caused to their neighbors' lives and the fearthey unintentionally created regarding Max's behavior. You could not have more responsible, well-intentioned pet -owners, homeowners, and members of your community than Jamie Gangaware, Mike Czarnowski and their son R.J. I assure you 100% that they will do whatever is needed to heal Max and his fears, meet the requirements of City ordinances and acknowledge the needs of the neighborhood. They are good people who love their family pet and would like to have him back so that he can receive the appropriate training. I respectfully request that the Council refrain from labeling Max as a dangerous dog. He is not. Seeing a confrontation between a family pet and a neighbor is so stressful and upsetting for both parties. Having experienced that as a dog - owner, it is completely appropriate for there to be some concern. However, you could not have more responsible, community—minded people than Jamie and Mike and I am completely confident that they will do everything in their power to do whatever is needed to allow them to bring Max home. Please give them this chance. Most Sincerely, Kate Kubiak 3315 Strand Road Duluth, MN July 27, 2020 Regarding Max the Dog, We first met Max 2 years ago when we camped for a weekend with his family, Jamie, Mike and RJ, at Bunker Hills Regional Park in Coon Rapids. Max and our dog Ozzie, a Labrador Retriever, became instant pals and spent the weekend playing, resting and eating togetherwith no aggressive or dominant behavior. Last year, in 2019, we camped with Max and his family twice on long weekend trips filled with hiking where our 15 Ib rat terrier Maya tried repeatedly to get in Max's face. Max ignored her. Max also spent extended time in a 12 ft x 12 ft enclosure with the -above mentioned Ozzie and Homer, our 25 Ib Pug/Rat Terrier mix. R1 and our daughter Audrey, age 9, would often crawl in with them. Again, no aggressive or dominant behavior was committed by Max. We have been to Max's house for gatherings and have had Max and his family to our house. We have never seen Max act in an aggressive manner towards us, our dogs or, most importantly, our child, or anyone else for that matter. He has never exhibited jealous or defensive posturing with us, nor has he shown food aggression with us or our dogs. It was shocking for us to hear the news of what happened because the Max we have spent so much time with has such an aloof and playful nature. We know Jamie, Mike and RJ will take any necessary precautions to make their home and neighborhood safe for everyone, including Max, by working with a special trainer and implementing other safety measures in and around their house. We sincerely believe they should be afforded the opportunity to bring their beloved family member home. Respectfully, Wendy and Steve Anderson Blaine, MN M^ l-AVf�rJ-o �� T-Aks )97LA b a VA�O„b o p �u J !% 1`� W ��n afb a�11- V.A o 1 — - - `�►u +� po�M n� �ehbi �� a�'.s as �� �� sanQ p � o a i ------ ---J., sorr has- Pie V�oU.,>P- a cK h e ver k oA � e e n o+ r. we \o (S3ve w A; July 29, 2020 To whom it may concern, I am writing to you on behalf of a very sweet and adorable rescue dog named Max. Max came from the same rescue as my precious little girl named Raisin 3 years ago. We often dog sit him. They are best friends, love playing together at the dog park or snuggling on the bed or sofa together. Max is not a dangerous dog. I trust him around my friends and family any time. His recent behavior is out of character and he should not be judged entirely on that. Please give Max another chance and not declare him dangerous. Thank you for your consideration. Respectfully, Sarah D19kallr signed b/ Sarah Schumacher Schumacher m6-0729 Sarah Schumacher ` ,_ ,. <_- 7/29/2020 Andover City Councilmembers: Hello. I am writing on behalf of the Gangaware family's dog, Max. I have met Max on a handful of occasions and found him to be a sweet, well behaved, and relaxed dog. As someone who wasn't raised around dogs and who can be fearful of those I am unfamiliar with, I have never felt anxious around Max. His energy has always been calm and welcoming to me, even though he does not know me very well. I have known Jamie and Mike for over 20 years and RJ for his whole life. Jamie and Mike would never put RJ in a situation that was unsafe, including for the love of a pet. They know that something is causing uncharacteristic behavior in Max, and have been working diligently to put opportunities and mechanisms in motion to help him. I know that Jamie, Mike and R.J love Max very much, and I am confident they will take these steps to ensure the safety of everyone who may be affected. Thank you Beth Heemeyer 4D SECONDHAND HOUNDS 5959 BAKER ROAD SUITE 390 MINNETONKA,MN 55345 RE: Jamie Gangaware's dog Max To Whom It May Concern: Max was adopted by Jamie from our organization in March of 2oi8. He was adopted at under a year old and showed no issues at the time of adoption. Jamie reached out to us recently about some behavior changes, which she quickly worked to correct. Currently she is working with our trainer, Barb Godding. As a rescue, we are happy to provide support, materials, and guidance throughout this process to help Max be a safe and loving community member. Please reach out for an additional information! Thank you, Rachel Mairose Executive Director Secondhand Hounds 4RkAAOO' Web: www.dogtalktrainingmn.com Email: barbsdogalk@gmail.com Phone: 612-209-1832 Andover City Council City Hall 1685 Crosstown Blvd. Andover, MN 55303 My name is Barbara Godding and the Gangaware family has retained my services to work with their dog Max. We have discussed a training plan and I have helped them to set their home up to remove opportunity for Max to reach the two exits. Gating has been permanently installed so Max can no longer access the doors. They are currently receiving estimates to have fencing installed as well. We will be muzzle training Max initially and then we will begin his behavior modification training plan. They will also be using a two leash system for walking Max. One will be attached to his buckle collar and the other will be attached to his harness. Asa professional dog trainer, I will tell you that Max's behavior though it may look aggressive to the average person is not. This type of behavior is fear based and with proper training he will be able to overcome these fears. Through training, I have been able to rehabilitate many dogs with fear based reactivity. I am very concerned about his well being as he is not well and is being held in a kennel without contact from his family. He is in the beginning stages of kidney failure and it is not in his best interest to be in this stressful environment. Respectfully, Barbara J. Godding KPA-CTP, CPDT-KA, AKC-CGC Dog Talk Training MN www.dogtalktrainingmn.com 'JA L' Client Jamie Gangaware (20604) Patient: Max (38483) MEDICAL HISTORY: 25 -Oct -2018 to 26 -Mar -2019 07 -Nov -2018 Exam Daryl Hartman, DVM 08:00 Assisted by AshleyJohnson6, Developer VITALS Temp (F) HR (/min) RR (/min) SBP (mmHg) CRT (s) MM color Pain ([0-4]) BCS (/9) osoo -- 140 32 -- <2 Pink -- -- PATIENT HISTORY Presenting concerns Sick - Diet, amt, freq, and treats: Fromms large OTC products/supplements: None Prescription medications: None Person bringing in pet Mrs Rabies vaccination status: current History: Whole body Lethargic, poor appetite - Last couple of days. EXAM FINDINGS Whole body In-house lab results Urinalysis - See UA results: SG 1.004, hematuria, bactitma Eyes Cornea Clear Conjunctiva No discharge Ears External ear canal No erythema; No debris Thorax Heart No arrhythmia; No murmur All lung fields Normal bronchovesicular sounds - All four quadrants. Behavioral General findings Quiet - DAR Sweet Reproductive Penis Urinary Urination ASSESSMENTS UTI/Balanophostitis Preputial discharge was all PMNs UTI/Balanoposthitis Polyuria - PU 2-3 wks PD 3-4 wks PLANS UTI/Salanaphostitis Primor 600mg 2T PO today, then 1T PO SID until gone. #15 Recheck urine and how doing at booster appointment- hopefully in about 17d. If need booster appointment sooner and doing OK, can do recheck and UA sooner. 07 -Nov -2018 Urinalysis Complete IHLAB Daryl Hartman, DVM 08:23 Source: In-house Diagnostics I Order item Urinalysis Complete IHLAB 1101325] Sample collected: 08:09 07 -Nov -2018 I Submitted: 07 -Nov -2018 1 Reported: 07 -Nov -2018 Test Results Ref. range Unit Time/date Collection method Free catch Color Colorless Clear, Dark yellow. Pale yellow, Yellow Appearance Clear Specific gravity (refractometer)1.004 1.016 - 1.06 Leukocytes Negative Nitrite Negative Urobilinogen neg mg/dL -Documents are available as separate attachments arfles. VCA PineRidge Animal Hospital 5 of 15 Client: Jamie Gangaware (20604) Patient. Max (38483) -------- --- -- — r.-. vino — oc-ne—Jn10 Becky Stever, DVM 23 -Nov -2018 Progress note 09:33 PLANS UTI/Balanoposthitis As previously recommended by Dr Hartman, should have recheck exam to palpate abdomen, exteriorize penis, +/- rectal exam, etc. Also consider organ function screening (at least mini chem), urine culture (cysto sample), and lateral abd rad to check for stones. If O declines recheck exam and diagnostics at this time, then can try mild restriction of access to water, to see if there is behavioral polydipsia leading to urinary accidents. 23 -Nov -2018 9:40 AM (rebecca.stever) spoke w/Mrs, Max is doing well but still having some accidents now and then, drinks a large volume of water at times, so O's limit it some already. Also went back to keeping Max In the cote for ease of cleanup (although he will still have some accidents in the crate). The penile discharge has resolved and Max otherwise seems fine. Discussed options for further workup vs. monitoring at home/ establishing housetraining routine / restricting water.O will see how things go over the next several weeks. Max is due for his "annual" wellness appt in late Dec 2018 so we will follow up at that time unless something changes sooner or O decides they want further workup. Appointment Type: Sick Provider: Kay Roe, DVM Sex / age / weight Male - Neutered / ly 4m / 61.7 Ib (06 -Dec -2018) Concerns (Problem List) Active • UTI/Balanoposthitis (07 -Nov -2018) • Hindlimb gait abnormalities (25 -Oct -2018) • Dry skin (25 -Oct -2018) • Malocclusion (25 -Oct -2018) • Wellness/Preventive care (25 -Oct -2018) Kay Roe, DVM 06 -Dec -2018 Exam Assisted by. Developer 17:18 VITALS Temp (F) HR Vmin) tr;re 100.6 — PATIENT HISTORY Presenting concerns Medication history Appetite History EXAM FINDINGS RR Vmin) SBP (mmHg) CRT (s) MM color Pain ([0-41) BCS (/9) UTI - Diet,amt freq, and treats: OTC products/supplements: no Prescription medications: no Person bringing in pet mrs Rabies vaccination status: 2019 History: last UTI never quite better, finished abx-2wks ago, bloody/mucousy discharges, tender to sit, PU/PD 06 -Dec -2018 5:23 PM (shalene.krogsveen) No significant change with Primor. Does not lick area. Has still been having accidents around the house. O noted bloody drips on the floor, has noted that pet has smelly discharge from prepuce. Prescription medications - No prescription or over-the-counter medications, vitamins, or supplements Normal appetite Whole body Mentation Alert- BAR, relaxed, very nice dog, loves treats! Hydration Hydration normal Eyes Cornea Clear Conjunctiva No discharge •Documents are available as separate attachments or ties. VCA PineRidge Animal Hospital 9 of 15 primal Care Dr. Kevin Barcus, D.V.M. Mounds View Animal Hospital 'Om the VABO" Dr. Bruce Schnabel, D.V.M. 2625 Co. Hwy. 10 N.E. • Mounds View • MN 55112.763-750-6351 www.moundsviewanimalhosp.com W21M20 Tovthom jt may concern, Max a 3 year old staffordshire terrier owned by Jamie Gangaware was examined and vaccinated by me on 1/20/2020. During that visit he displayed no signs of aggression or dominant behavior towards me or my staff. Please call if amj questions. Sincerely, Dr. Bruce Schnabel CC.�� ': Cat eating Max s food, no reaction (other than sadness). Max waiting for his RJ, age 9, smiling with his buddy. Max with RJ (7 at the time) showing no • � dominance or aggression over food or treat at Petco. protection over RJ, with another dog present. Max, Homer, Audrey (8yo) and R), hiking in N. MN Max showing no dominance with a visiting dog, in Maxs home (above) and Max relaxing in the campground (below). RJ and Max taking a break on a msr�ri� walk through the Max and his cat brother napping on Jamie's Max and Jamie at RJ's baseball game neighborhood. lap. 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 owner's 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. NUISANCE: It shall be considered a nuisance for any animal: I 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" See title 12, chapter 7 of this code for fence requirements and restrictions. 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 presences, open spaces, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if 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 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. SUBSTANTIAL 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. 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 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. 1 See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. (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. 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 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. 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: a. 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 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 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. 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. 5. 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. 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 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 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 or before o'clock_ .M., on the day of , 20 , the same will be sold or humanely destroyed as provided by ordinance. Signed: 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 punished as defined by state law. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RXX-20 A RESOLUTION DECLARING A DOG OWNED BY JAMIE GANGAWARE, 13934 IVYWOOD STREET NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-lA-8. WHEREAS, an American Terrier named Max owned by Jamie Gangaware, 13934 Ivywood Street NW, Andover has bitten two human beings; and WHEREAS, on July 6, 2020 said dog bit a woman walking her dog; and WHEREAS, on July 22, 2020 said dog left its property and bit a woman walking in the street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare an American Terrier named Max owned by Jamie Gangaware, 13934 Ivywood Street NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-lA-8. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Jamie Gangaware a copy of the resolution. Adopted by the City Council of the City of Andover this 4' day of August, 2020. 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 Council Members COPY: Jim Dickinson, City Administrator �y� Joe Janish, Community Develop nt ctor` FROM: Peter Hellegers, City Planner SUBJECT: Public Hearing — Consider Vacation of Drainage and Utility Easements and Acceptance of New Drainage and Utility Easements — 16523 Orchid Street NW / 3290 1651 Lane NW - Planning DATE: August 4, 2020 INTRODUCTION The applicants are seeking to vacate the drainage and utility easement along an existing property line that divides the two properties and would then dedicate a new drainage and utility easement along a revised property line. DISCUSSION The property owners of 16523 Orchid Street NW are in the process of selling their home and are working with the neighboring property to resolve the issue of a tennis court which encroaches approximately 19 feet onto the property. The property owners have proposed a Lot Line Adjustment to go around the tennis cour' cleaning up the encroachment issue for both properties. However, moving that lot line would also trigger the vacation of the drainage and utility easements along the existing property line and dedication of new drainage and utility easements along the proposed property line. Vacation of the Drainage and Utility Easement The vacation of drainage and utility easements requires that the City hold a public hearing on the proposed vacation. Following the public hearing the City Council will be asked to consider a resolution to vacate the existing drainage and utility easement. The drainage and utility easement to be vacated is shown on the attachment labeled "Vacation of Easement". Dedication of Drainage and Utility Easement If the vacation of the drainage and utility easement is approved the City Council is also asked to accept the dedication of a new drainage and utility easement that would follow the proposed lot line. The area of the proposed drainage and utility easement is shown on the attachment labeled "Dedication of Easement". The proposed easement for dedication was submitted as one description however the description will need to be broken out by parcel for easement documents and would be subject to the review and approval of the City Attorney. Lot Line Adjustment If the vacation of the drainage and utility easements are approved and the new drainage and utility easements are accepted, staff will complete the Lot Line Adjustment for the two properties. Staff has already completed a review of the proposed lot line adjustment and the properties would meet the City's standards. Engineering Department Review The City of Andover Engineering Department has reviewed the proposed vacation of drainage and utility easement and is comfortable with the proposed vacation and dedication of the new easement. The Engineering Department did also note that there was a propane tank in the proposed easement. This existing tank serves the backup generator for the property and the area around the tank is wooded which helps to screen view of the tank from the street. The propane tank previously encroached onto the neighboring property, however, with the lot line adjustment it would be brought back onto the correct side of the property line. ACTION REQUESTED The City Council is requested to conduct a public hearing and make a decision on the proposed vacation of drainage and utility easement. The City Council is also asked to accept the proposed drainage and utility easement contingent on forms that meet the approval of the City Attorney. If the Council wishes to deny the vacation of the easement, staff can assist with findings for the denial. Respe lly ub itted, Peter eg City Planner *� Attachments A - Draft Resolution of Approval B - Draft Easements to be Dedicated C - Site Location Map / Maps of Area for Vacation and Dedication D - Draft Resolution of Denial E - Site Survey Copy: Dean and Mary Scott, 16523 Orchid St. NW, Andover, MN 55304 Dayton and Kim Jahn, 3290 165th Lane NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 16523 ORCHID STREET NW AND 3290 165TH LANE NW, TIMBER MEADOWS 2ND ADDITION, PINS 08-32-24-44-0011, 08-32-24-44-0012, and 17-32-24-11- 0012) LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the drainage and utility easement originally dedicated on the plat of TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota described as follows: That part of the westerly 10 feet of Lot 16, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 16. That part of the easterly 10 feet of Lot 15, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 15. WHEREAS, the property owners have requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not 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 grants the vacation of drainage and utility easement subject to the following: 1. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of a Dedication of Drainage and Utility Easement following the revised property line. 2. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit All. 3. The City Council accepts the proposed Drainage and Utility Easements as shown on Exhibit A and described on Exhibit B Adopted by the City Council of the City of Andover on this 4`h day of August 2020. ATTEST Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Julie Trude, Mayor CERTIFICATE OF SURVEY -for- DEAN AND MARY SCOTT & -foo- DAYTON AND KIM JAHN -of- 16523 ORCHID STREET -of- 329D 165TH LANE NW ANDOVER,MN ANDOVER,MN EXISTING LEGALGESCHIPTIGNS: �wawnw,mN y gmvm�xwJ ��� LEGLNG am,.mw I I I I I I I z I =1 I I I I I I I I I I EXHIBIT B A 20 -foot wide drainage and utility easement over and across Lots 15, 16, and 16A, Block 4, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southwest corner of said Lot 16, Block 4; thence on an assumed bearing of South 88 degrees 56 minutes 04 seconds East, along the south line of said Lot 16, Block 4, a distance of 93.36 feet; thence North 46 degrees 13 minutes 22 seconds West a distance 229.38 feet; thence South 89 degrees 43 minutes 34 seconds West a distance of 91.65 feet; thence North 45 degrees 32 minutes 05 seconds West a distance of 41.13 feet; thence North O degrees 47 minutes 45 West a distance of 146.55 feet to the northeast corner of said Lot 15, Block 4, and said centerline there terminating. PERMANENT DRAINAGE, AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Dean and Mary Scott, a married couple (herein referred to as "Grantors"), 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 herby 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 they are 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 Dean and Mary Scott have caused these presents to be signed by this _ day of , 2020. By: _ Dean Scott By: _ Mary Scott Total consideration: One and no/100 ($1.00) dollar. State Deed Tax Due: None. STATE OF MINNESOTA § § SS. COUNTY OF ANOKA § This instrument was acknowledged before me this day of 2020, by Dean and Mary owners of 16523 Orchid Street NW, Andover, MN 55304. Scott, 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. Date: (SEAL) 2020 THIS INSTRUMENT WAS DRAFTED BY: CITY OF ANDOVER, MINNESOTA EXHIBIT A LEGAL DESCRIPTION OF EASEMENT A 20 -foot wide drainage and utility easement over and across Lots 15, 16, and 16A, Block 4, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southwest corner of said Lot 16, Block 4; thence on an assumed bearing of South 88 degrees 56 minutes 04 seconds East, along the south line of said Lot 16, Block 4, a distance of 93.36 feet; thence North 46 degrees 13 minutes 22 seconds West a distance 229.38 feet; thence South 89 degrees 43 minutes 34 seconds West a distance of 91.65 feet; thence North 45 degrees 32 minutes 05 seconds West a distance of 41.13 feet; thence North O degrees 47 minutes 45 West a distance of 146.55 feet to the northeast corner of said Lot 15, Block 4, and said centerline there terminating. em CERTIFICATE OF SURVEY -for- DEAN AND MARY SCOTT & -for- DAYTON AND KIM JAHN -of- 16523 ORCHID STREET -of- 3290165TH LANE NW da ANDOVER, MN ANDOVER, MN edje ^s. 17 nswtxer,w = y .'� d l FOISTING IFGAIOESCRIPTIONS: �: .� y�'�': ....a.,...w.m.,.m..ww...m.,.�. , -.; - _�.o � � .:. 90 •, ^`..:tom A / '? .....wr.ru.......m,.�wro.e...-+. 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MN 55019I.—� PERMANENT DRAINAGE, AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Dayton and Kim Jahn, a married couple (herein referred to as "Grantors"), 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 herby 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 they are 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 Dayton and Kim Jahn have caused these presents to be signed by this _ day of , 2020. By: --- Dayton Jahn By: Kim Jahn Total consideration: One and no/100 ($1.00) dollar. State Deed Tax Due: None. STATE OF MINNESOTA § § SS. COUNTY OF ANOKA § This instrument was acknowledged before me this day of 2020, by Dayton and Kim Jahn, owners 3290 165' Lane NW, Andover, MN 55304. 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. Date: , 2020 CITY OF ANDOVER, MINNESOTA (SEAL) B y : THIS INSTRUMENT WAS DRAFTED BY: EXHIBIT A LEGAL DESCRIPTION OF EASEMENT A 20 -foot wide drainage and utility easement over and across Lots 15, 16, and 16A, Block 4, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southwest corner of said Lot 16, Block 4; thence on an assumed bearing of South 88 degrees 56 minutes 04 seconds East, along the south line of said Lot 16, Block 4, a distance of 93.36 feet; thence North 46 degrees 13 minutes 22 seconds West a distance 229.38 feet; thence South 89 degrees 43 minutes 34 seconds West a distance of 91.65 feet; thence North 45 degrees 32 minutes 05 seconds West a distance of 41.13 feet; thence North O degrees 47 minutes 45 West a distance of 146.55 feet to the northeast corner of said Lot 15, Block 4, and said centerline there terminating. A CERTIFICATE OF SURVEY -for- DEAN AND MARY SCOTT & -for- DAYTON AND KIM JAHN -of- 16523 ORCHID STREET -of- 3290165TH LANE NW - Neild" •' ANDOVER, MN ANDOVER, MN �' ,. rsruw.enw ®'xe.vro> EDISTING IEGRLDESCRIPTIONS: IN ----------------- runvo�nVw�x�.l .mrm..e•un�..... i � p .� � �?�.vcnv�a I�ruu not' � �t..~ pr',{� \�.'�'i w�va LEGEND I � 2� .,` "'•" � 1,, r e<.ma.a I � y J pil -------------------------- PROPOSED LECGE DESCRIPTIONS: KOFES..,e.,..,x......,....,.w........,_..,.,,F..e.......................•....,.x,..,,M.«........ .�..e..._., a.,...,...�. �A� . s� d ,- ACME C_ NNN a SON.R- INC. .....m.,,�..._-�..".n....—x.,. `....,"...y......_......�... .._._..�.�.. ..._.,..x "; `" Prof6776 Lake D Land Surveyors . Line Lake Drive HE Suite 110 CRAP16: 'm". L8 :IDe°s iekas MN55�55U1.4^'u"W-.x...,u•...,....,.eum.,.�..m......e..x._..........wx.m.,..r,..xu.. i LI I 1 10i Ful 1 Ot 16523 Orchid / 3290 165th r v menb�- aym M .9h '1st July 15, 2020 ">J •r3fd 1:2,400 0 112.5 225 450 ft �I � INTI I IT 0 30 60 120 m ] dail Man and oa oal dela are believed to be accurate, but acauraw h not auaranleed. Thi. is not a local dowmanl and should not be substituted for a title search,aoomisal, survey, or forzonina venncation. 4.1 �F z� Y r v menb�- aym M .9h '1st July 15, 2020 ">J •r3fd 1:2,400 0 112.5 225 450 ft �I � INTI I IT 0 30 60 120 m ] dail Man and oa oal dela are believed to be accurate, but acauraw h not auaranleed. Thi. is not a local dowmanl and should not be substituted for a title search,aoomisal, survey, or forzonina venncation. CERTIFICATE OF SURVEY Ammon -for- DEAN AND MARY SCOTT & -for- DAYTON AND KIM JAHN ci, -of- 16523 ORCHID STREET -of- 3290 165TH LANE NW — — -- 7/ ANDOVER, MN ANDOVER, MN G. Run 8 SONS, INC. -r;1. 1,1'm� m a ,r �..err,w, ._., -.x, Professional Land Surveyors ...,,.6„4 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55014 war.w...„e.,.W...•..ea..4..,mr,,,,m«..arm.....r,�..�,,..,..,a.....,.a,r..�,M �.wr...,.r. Tol.(e51)351d W Fv(651)361d 1 6 aSru LAftENW. t wNlN>be• � ft 956 � d pdw' MPoY00'I a. 90( � J� \ IB ------------ ERISTINGLEGAL DESCRIPTION: -.( • ,•k" ! S ICED�AAIIEII. Iurz.EP1.11enlA !I ~.`� 1 31 , 4• ,� ...4.....w,�.•uwnuemmiaur.rrer�.m 4.m .. -7 r °.. _ aN I _ } LEGEND - PITm"I • 11 PC max..,, ---------------------- �� �"-4-i .r,e. o..,i.M.... ✓nun ussxex. io4v,u,eo ,meso.'. PROPOSED LEGAL DESCRIPTIONS: MWOi[Y K07 PARCEL AERP ICE YX[ AMUS MM`P NOTES ARP r.urv.m.n nmpvrnge.e. wa me xm.rr..mos/+V,o. � e.. ��wo e.rr.rva v+r. n•o.,m., ra is.ui.m. w'wswr _ 4Mx wYuru4,t•,rmw.prrrair.a.vrarre.nmay..rir�..nnurs.vw•srrrremrwsmrw4en•ra„e•wua,iw.arnmrn�er urr. w+auam. �nriw°>nw ssmmmvvv avgm�i.�.w,w+u.e���wM�y�nw n,ruveY+Y _ rwMoarana ce.r..r..w.xri auma.rv„ceri. >,w„wwM 4,r.eer xw.ai..••nn�,nawe•svna�.mvnm�newr�urs.r^snr'�nKarw.nw+'ewm�i.aMr.,rr.emmu uu �ra�esse,urv+,a4Wr'._ ,mnn�nnrrrvw G. Run 8 SONS, INC. -r;1. 1,1'm� m a ,r �..err,w, ._., -.x, Professional Land Surveyors ...,,.6„4 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55014 war.w...„e.,.W...•..ea..4..,mr,,,,m«..arm.....r,�..�,,..,..,a.....,.a,r..�,M �.wr...,.r. 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U`�{r�—��� DPPIHPDPA�e w..:.r...uy. f;ar:nv:n....xenn.aan�m nmmno,:..v.erwn:.w:.�.a.:.,r:.q:r..rwaemn..r.ann.rwn:.ex:..vauan Professional Land Surveyors w. 6776 Lake Drive NE Suite 110 - p Lino Lakes MN 55014 ..:.,q...., q.W,...r..r.m.,,rr:.aw.,a....._...:.-.�w�..,,o:.gw,q„q,.:..,.,r.....,,.r, rei.luspae5azod F. l551I nla Dl GA,PMC sf..1L6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION DENYING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTIES AT 16523 ORCHID STREET NORTHWEST AND 3290 165TH LANE NORTHWEST WHEREAS, the City Council held a public hearing pursuant to the requirements of City Code 12- 14-6, and; WHEREAS, the City Council has reviewed the request and has determined that said request does not meet the criteria of the Comprehensive Plan, and; WHEREAS, the City Council finds the request would have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the city code amendment request, for the following reasons: 1. 2. 3. 4. Adopted by the City Council of the City of Andover on this XX day of XXXX 2020 ATTEST: Michelle Harmer, City Clerk CITY OF ANDOVER: Julie Trude, Mayor CERTIFICATE OF SURW -for- DEAN AND MARY SCOTT & -for- DAYTON AND KIM JAHN / -of- 16523 ORCHID STREET -of- 3290 165TH LANE NW ANDOVER, MN ANDOVER, MN ERISTING LEGAL DESCRIPTIONS: :bon voxat: Ivcsv o�aua se..0 lulnva3rsg �azm.ssm w.x.w3 m t:wexwa o..ww.ewamm,oum+w,..tlmm.+..,�... LEGEND e ® �.4 tm�s�xt[we..em,��eR,o.e., NOTES aurryaxmn.rt w.�m veu uwmm ucen os/allo rnemw uNeeenmMnwtmry eYtMer N.nmaewM.n [�vmmn, snrty ague vpw iaept[teum�rt[u[mmmenmtermvnurv/e[tw awm. 8110 P. Professional Land Survey... Lino Lakes, MN 55014uite 110 Tel.(651)361d200 Fe%(651)3618 1 munetmuxenmtummum Kwt.....�m.� .�.e�ss,[mu...+..,rt..-...ee..�w.:...,mwe..e.�+wss..�.e..[.wtl....e�..,..wexei..a.�azmwx:..�x.x.n..�..+�•..�.a, M �mmseu+[nu+4nam..v�i.. tl=W u54mauuom.n.uvmJan. wntl rtnim.nnmu.roE¢mM/u[.wN...e[rtetuuws4ema.mvivumslntmNMV YMp.eeu. wmivu 1i ) t(**Z' N66W , 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: Emergency Response (COVID-19) Update DATE: August 4, 2020 ACTION REQUESTED Receive a verbal update from City Administration on the City's ongoing response to the Declaration of Emergency for the City of Andover - Coronavirus Disease 2019 (COVID 19). y submitted, C I T OVE 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 August 4, 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,