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Home My WebLink AboutCC - February 2, 2021I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, February 2, 2021 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (1/12/21 Special; 1/13/21 Special; 1/19/21 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Dedication of Drainage and Utility Easement —17295 Ward Lake Drive NW — John & Trudy Delich — Planning 4. Approve Massage Therapy License —Administration 5. Approve Used Vehicle Sales Business Licenses —Administration 6. Order Improvement/Order Plans & Specs/21-25/Tower #2 Reconditioning & Painting — Engineering 7. Approve Plans & Specs/Order Ad for Bids/21-17/2021 Mill & Overlay/SE Corner of City — Engineering 8. Declare Surplus Equipment - Finance Discussion Items 9. Consider Repealing City Code 9-8: Rental Housing Dwellings and City Code 9-9: Housing Maintenance Code and Consider Approving Property Maintenance Code Amendments - Planning Staff Items 10. Emergency Response (COVID-19) Update & Consider Resolution Rescinding Res. No. R035-20 Declaration of Emergency for the City of Andover - (COVID-19) —Administration 11. Administrator's Report —Administration Mayor/Council Input Closed Session per Min. Stat.13D.05 — Discuss Employee Conduct/Performance —Administration Adjournment Some or all members of the Andover City Council may participate in the February 2, 2021 City Council meeting by 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 required by all visitors. The public can also be provided a ZOOM video conference invite by going to www.andovermn.gov and clicking on the meeting in the calendar for the link. 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 Administrat FROM: Michelle Harmer, Deputy City C SUBJECT: Approval of Minutes DATE: February 2, 2021 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: January 12, 2021 Special January 13, 2021 Special January 19, 2021 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: Minutes 2 0 6 7 9 10 11 12 13 14 15 16 17 18 ANDOVER COMMISSIONINTERVIEWS—JANUARYI2, 2021 MINUTES The Andover Commission Interview meeting was called to order by Mayor Sheri Bukkila on January 12, 2021, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Valerie Holthus (remote), Jamie Barthel, Ted Butler, and Randy Nelson Councilmember absent: None 19 AGENDA APPROVAL 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 The agenda was approved as presented. INTERVIEWS OF PLANNING & ZONING COMMISSION, PARK & RECREATION COMMISSION, OPEN SPACE ADVISORY COMMISSION/YMCA CC ADVISORY COMMISSION Jake Widmyer Park and Recreation Commission (remote) Mayor Bukkila welcomed Mr. Widmyer. Councilmember Holthus asked Mr. Widmyer to tell the Council about himself and why he wanted to continue to be on the Park and Recreation Commission. Mr. Widmyer stated he has been on the Park Commission for threeyears and he works at the City of Champlin in the Park and Recreation Department. He likes public service and being part of the community. Councilmember Butler asked Mr. Widmyer how long he has been a resident and what else he has been involved in. Mr. Widmyer replied he moved in Andover in 2012. He has worked at the Community Center, involved in his church, and he frequently visits the parks. Councilmember Nelson asked what special projects Mr. Widmyer would like to see accomplished. Mr. Widmyer replied he would like to continue the process of trail connections. He stated he likes the playground replacement process. He also enjoys meeting with the neighborhood and getting their input about what they want to see in their park. Mayor Bukkila asked what needs improvement under the Park Commission purview. Mr. Widmyer responded there is a high turnover on the Park Commission membership and would like to see Commissioners stay longer. 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 Andover City Council Interviews for Commission Openings Minutes — January 12, 2021 Page 2 Councilmember Barthel asked Mr. Widmyer to share qualities that make him unique to serve on the Park and Recreation Commission and a strength he brings to the Commission. Mr. Widmyer responded that he enjoys listening to the community and see what they can do to help them. Mr. Widmyer understands the staff because he works in a Park and Recreation Department. Mr. Widmyer stated he has a young child and can bring that perspective to the Commission. Councilmember Barthel asked what he has learned from serving on the Commission. Mr. Widmyer replied he has learned how excited people get and how much they want to be involved. He gave the example of a baseball team that was looking for a field to use and the entire team came to advocate for using an Andover field. Mr. Widmyer said the pickleball organization is another example of community involvement. Councilmember Butler asked what goals Mr. Widmyer hopes to accomplish in his next term. Mr. Widmyer responded figuring out how the Commission fits with the Community Center. He wants to continue with playground replacements. Councilmember Holthus asked Mr. Widmyer his favorite park. Mr. Widmyer said Rose or Wild Iris Park. Councilmember Holthus asked what his favorite sport is that is played in the parks. Mr. Widmyer replied baseball. Councilmember Holthus asked which hockey rink served two people that play professional hockey today. Mr. Widmyer replied Prairie Knoll. Councilmember Holthus stated it was Hawk Ridge. Mayor Bukkila stated the Park Commission is dependent on development for its park budget and asked Mr. Widmyer what his priorities are if the budget were to be decreased. Mr. Widmyer replied safety is a priority. He said the Commission is not looking to build many more small parks. He said the City should spend money on keeping the parks and fields safe. Councilmember Barthel asked Mr. Widmyer to share his perspective on working with the City Council and how he has shared his opinion with the City Council. Mr. Widmyer stated the Commission was disappointed they could not meet with the Council at a joint meeting due to COVID. He stated he would like to have the opportunity to meet with the Council once per year. Mr. Widmyer said the overall relationship is good. Mr. Widmyer said he was quiet his first year serving, but he was able to share comments the Commission received in subsequent years. Mayor Bukkila thanked Mr. Widmyer for taking the time to interview. Mark Tossey —Planning and Zoning/EDAIPark and Rec/Open Space/YMCA CC Mayor Bukkila welcomed Mr. Tossey and explained the interview process. Councilmember Holthus asked Mr. Tossey to tell the Council about himself and why he wanted to be on the Commission. Mr. Tossey stated he has been in Andover since 2007 and raised his kids here. He said he has more time to do anything he wants, and he would like to get more involved. Andover City Council Interviews for Commission Openings Minutes — January 12, 2021 Page 3 1 Councilmember Butler asked Mr. Tossey what community activities he has been involved in. Mr. 2 Tossey replied his family has been involved in hockey and he has volunteered for the hockey 3 association. Mr. Tossey has volunteered in the schools and has coached youth sports. 4 5 Councilmember Nelson asked Mr. Tossey how much time it would require to be on a Commission. 6 Mr. Tossey replied his work schedule is flexible and works 12 -hour day which allows him to 7 dedicate time to a Commission. 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 Mayor Bukkila asked which Commission Mr. Tossey prefers and what experience he will bring to the Commission. Mr. Tossey replied he is open to any Commission and has a degree in economics and is a union steward. Councilmember Barthel asked what unique qualifications or characteristics Mr. Tossey can bring to a Commission. Mr. Tossey replied his work as a union steward in handling complaints and compromising will help the Commission. Mayor Bukkila asked if Mr. Tossey's occupation was union steward. Mr. Tossey stated he is an engineer in St. Paul and explained his job. Mayor Bukkila asked if he was experienced in construction, design, and facilities. Mr. Tossey stated his experience in facilities is with boilers, chillers, and licensing. Mayor Bukkila asked if he had experience in project planning. Mr. Tossey replied he works with engineers on equipment, piping, and software. Councilmember Barthel asked how many City meetings Mr. Tossey has attended. Mr. Tossey said he did not start looking until the recent elections and he has not looked at the minutes. Councilmember Butler asked what goals Mr. Tossey would have if he was selected to serve. Mr. Tossey stated his goals are to be as helpful as he can and learn. He said there are areas of Andover that need cleaning up. Mayor Bukkila thanked Mr. Tossey for taking the time to interview. Nick Loehlein Planning and Zoning Commission (remote) Mayor Bukkila welcomed Mr. Loehlein and explained the interview process. Councilmember Holthus asked Mr. Loehlein to tell the Council about himself and why he wanted to continue to be on the Commission. Mr. Loehlein replied has served on the Planning and Zoning Commission for a third term. He said he works for Connexus Energy and is the Vice -President of Operations. Mr. Loehlein has a background in engineering with an understanding of codes. He said he has enjoyed his experience on the Planning and Zoning Commission and believes there will be more asked of the Commission due to the density requirements and PUD process. Councilmember Butler asked Mr. Loehlein to talk about his involvement in community activities. Mr. Loehlein stated his position on the Planning and Zoning Commission is one way to interact Andover City Council Interviews for Commission Openings Minutes — January 12, 2021 Page 4 1 with the community that matches his skills. He said he serves on a small non-profit called Mental 2 Wellness Campaign for Anoka County as chairperson. He volunteers at Fun Fest, PTA, and 3 Therapy Dogs International. 4 5 Councilmember Nelson asked what makes Mr. Loehlein excited about applying for the Planning 6 and Zoning Commission and what special projects he would like to work on. Mr. Loehlein replied 7 he anticipates seeing unique types of development. He stated there will be PUDs and the City will 8 have to consider different types of housing than it is used to. Mr. Loehlein said it's exciting to see 9 development that is different and offers uniqueness. 10 11 Mayor Bukkila said the City has gone through some controversial developments in the rural area 12 with PUDs. She asked if Mr. Loehlein has a position on PUDs in the rural area and asked what he 13 has learned from his past experience. Mr. Loehlein replied the first thing that comes to mind is 14 density. He sees the advantages of the PUD process. He agrees it results in higher quality 15 developments. He says there needs to be a balance between density and proper street connections, 16 and existing landowner concerns. Mr. Loehlein can see the advantages and disadvantages of the 17 PUD process. 18 19 Councilmember Barthel stated the Planning and Zoning Commission interacts with the City the 20 most. He asked Mr. Loehlein how he feels about the interaction between the Council and the 21 Commission and what changes he would like to make to change the relationship. Mr. Loehlein 22 replied the Commission sometimes has a hard time determining what position to send to the 23 Council. He said he focuses on what the Commission can agree on. He stated he is a collaborative 24 person, and he would like to see more workshop formats with the Council to determine what the 25 Council wants from the Commission. He said he appreciates the joint meetings. 26 27 Mayor Bukkila thanked Mr. Loehlein for taking the time to interview and sit on the Planning and 28 Zoning Commission. She stated she appreciates the disagreements the Commission has because 29 it helps her make her decision. Mr. Loehlein stated he and the Planning and Zoning Chair often 30 disagree, but they listen to each other's opinions and move forward with the discussion. 31 32 Adolphis Bates —Park and Recreation Commission 33 34 Mayor Bukkila welcomed Mr. Bates and explained the interview process. 35 36 Councilmember Holthus asked Mr. Bates to tell the Council about himself and why he wanted to 37 be on the Commission. Mr. Bates said he is the father of 5 adult children and 13 grandkids. He 38 stated he has lived in the City for 17 years and would like to be a voice for the City of Andover. 39 Mr. Bates stated he was waiting on his kids to grow up, so now he has time to serve. He stated he 40 has visited many parks with his grandkids and has an idea of what he can do to help. 41 42 Councilmember Butler asked Mr. Bates what other community activities he is involved in and 43 what goals he would like to have. He said he would like the opportunity to serve and then see 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 Andover City Council Interviews for Commission Openings Minutes —January 12, 2021 Page 5 what he can do. He said he is a member of the YMCA. He feels that Andover is a great City, and he has a lot invested in the City. Councilmember Nelson asked what Mr. Bates was the most excited about in serving on the Park and Recreation Commission. Mr. Bates replied he likes challenges and getting involved. His strength is having the opportunity to do something he has not done before. He said he has been in the education system for many years. Mayor Bukkila asked what Mr. Bates had done to prepare for the Park Commission. Mr. Bates said he has spoken to someone and shared his interest and was given advice to read the City Newsletter where he found out about the Commission openings. Councilmember Barthel asked why Mr. Bates is interested in the Park Commission and what he would like to see changed with Park and Recreation. Mr. Bates stated he is excited to be on a Commission and give his opinion. He said he has a desire to see the parks improved. He played sports through his 40s: soccer, baseball, and basketball. He thinks everyone is ready to get out and do something. He said he thinks he is the right fit for the City right now. Councilmember Holthus asked Mr. Bates what his favorite park was. Mr. Bates said he uses the trails and walks by Lions Park. Councilmember Holthus asked Mr. Bates' favorite team sport that is played in Andover. Mr. Bates said his favorite sports are baseball and soccer. Mayor Bukkila stated the Park Commission is limited by funds and asked Mr. Bates what his priorities are. Mr. Bates replied all parks are not the same and would base the park improvements on neighborhood demand. Mayor Bukkila thanked Mr. Bates for taking the time to interview and explained the follow up process. Sophia Newton— Park and Recreation Commission Mayor Bukkila welcomed Ms. Newton and explained the interview process. Councilmember Holthus asked Ms. Newton to tell the Council about herself and why she wanted to continue to be on the Commission. Ms. Newton stated she works in health care and finds it important to take care of other people. She said parks are an important part of the community and that is what drew her to Andover. Councilmember Butler asked how long she has lived in Andover and what other community activities she has been involved in. Ms. Newton has lived in Andover for 13 years and started a neighborhood Facebook group. She has organized Night to Unite for her neighborhood for two years. Andover City Council Interviews for Commission Openings Minutes —January 12, 2021 Page 6 1 Councilmember Nelson asked what excites Ms. Newton about being on the Park Commission and 2 what projects she wants to work on in the future. She replied she has learned a lot about the parks 3 in her first nine months. She would like to see the results of the pickleball study and hopes it is 4 not too expensive to construct. 5 6 Mayor Bukkila asked Ms. Newton about a difficult topic she has had on the Commission and how 7 she was a contributor in the discussion. Ms. Newton replied working on the parks plan and 8 discussing what amenities should go in which parks. She said she takes the size of the lot and the 9 neighborhood housing to determine what is desirable in a park. 10 11 Councilmember Barthel stated sometimes the priorities of the Park Commission and the priorities 12 of the City Council can differ. He asked Ms. Newton what characteristics she has that can help and 13 how can the Commission bridge the gaps between them and the City Council. Ms. Newton stated 14 communication is important. She said she reads the minutes and tries to watch meetings. Ms. 15 Newton stated a joint meeting to discuss issues and understand what the City Council wants would 16 be helpful. 17 18 Mayor Bukkila asked Ms. Newton if she would like to see something different on the Park 19 Commission. Ms. Newton stated things are going well, however, zoom is a challenge. She said 20 she prefers in-person meetings. She said she is excited about pickleball courts, Pine Hills North 21 parking lot getting paved, and Prairie Knoll parking lot paved. She said she is excited about the 22 future projects. 23 24 Mayor Bukkila thanked Ms. Newton for taking the time to interview and explained the follow up 25 process. 26 27 Mayor Bukkila recessed the meeting at 7:12 p.m. 28 29 Mayor Bukkila reconvened the meeting at 7:30 p.m. 30 31 Laura Rades — Planning and Zoning Commission 32 33 Mayor Bukkila welcomed Ms. Rades and explained the interview process. 34 35 Councilmember Holthus asked Ms. Rades to tell the Council about herself and why she wants to 36 be on the Commission. Ms. Rades stated she has lived in Andover for almost 30 years and is 37 interested in serving on the Commission after participating in the past election. She said she started 38 paying more attention to the City and is interested in the Comprehensive Plan. 39 40 Councilmember Butler asked Ms. Rades what other community activities she is involved in. Ms. 41 Rades stated she volunteered in the schools and this will be her first entry into public service. She 42 stated she volunteered for Coon Rapids Swimming and Diving Team and worked to have a grass - 43 roots co-op. Andover City Council Interviews for Commission Openings Minutes—January 12, 2021 Page 7 Councilmember Nelson asked what makes Ms. Rades excited about being on the Planning and Zoning Commission and what would she like to accomplish. Ms. Rades replied she is interested in the long-term planning and sustainability as the City is developed. Mayor Bukkila asked Ms. Rades how she feels about the current density levels and the development that is occurring. Ms. Rades stated there is a need for multiple variations in density and as people age, there should a variety of housing. Ms. Rades stated the cost of homes may eliminate younger families from buying in Andover. 10 Councilmember Barthel asked Ms. Rades how many meetings she has seen for the Planning and 11 Zoning Commission and what skillset does she have that can benefit the Commission. Ms. Rades 12 stated she has not attended any Commission meetings in person. She said she has watched several 13 meetings online and has read several sets of minutes. She stated it is important to have 14 collaboration, differing perspectives, and consider how the choices affect the broader community. 15 16 Mayor Bukkila asked Ms. Rades her background on codes, ordinances, commercial property, and 17 land use. Ms. Rades replied she does not have background in this area outside of reading about it. 18 She said she is capable of learning about it and would not make a recommendation without doing 19 research. 20 21 Mayor Bukkila asked if Ms. Rades thought the transportation system is adequate for the City's 22 needs. Ms. Rades replied she does not feel the trail system is adequate because there are missing 23 trail connections. She stated the trail system can be improved. She stated the roads have made 24 improvements which will attract more industrial and commercial businesses. She said the City 25 has come a long way and is headed in the right direction. 26 27 Mayor Bukkila asked if public transportation plays a role. Ms. Rades replied she does see public 28 transportation playing a role. She stated it is important for aging adults to have a way to get to a 29 grocery store or medical appointment. She stated there is opportunity to thoughtfully integrate 30 transportation into Andover. 31 32 Councilmember Barthel asked Ms. Rades what she would like to see changed or something that 33 she can bring to the Commission. Ms. Rades stated she does not have a definitive answer or an 34 agenda. She stated she supports getting an understanding of the community. 35 36 Councilmember Holthus stated the Planning and Zoning Commission reviews the City Code and 37 requires detail -oriented people. She asked Ms. Rades if she saw herself as a detail -oriented person. 38 Ms. Rades replied she sees herself as a detail -oriented person. She said she is an experience 39 designer in her current job where she needs to be detailed oriented. 40 41 Mayor Bukkila thanked Ms. Rades for taking the time to interview and explained the follow up 42 process. Ms. Rades stated she is open to being on other Commissions if the Council thinks she is 43 a good fit. 44 Andover City Council Interviews for Commission Openings Minutes — danuary 12, 2021 Page 8 1 Sharon Cramer — Planning and Zoning/Park and Recreation/Open Space Commissions 2 3 Ms. Cramer addressed the Council and thanked them for interviewing her. She applied for three 4 Commissions and is looking for one position on a Commission that can use her unique 5 characteristics and skills. 7 Mayor Bukkila welcomed Ms. Cramer and explained the interview process. 9 Councilmember Holthus asked Ms. Cramer to tell the Council about herself and why she wanted 10 to be on a Commission. Ms. Cramer stated she has been an Andover resident for over 30 years. 11 She works as a technology manager and has skills in collaboration, learning and applying herself, 12 committing herself, analysis and decision making, and developing options and making 13 recommendations. 14 15 Councilmember Butler asked Ms. Cramer what other community activities she has been involved 16 in. Ms. Cramer replied she has been an election judge for many years. She has volunteered for 17 Anoka High School all class reunion committee. 18 19 Councilmember Nelson asked Ms. Cramer which Commission she leans more towards and asked 20 her what she is compassionate about for that Commission. Ms. Cramer said she is most passionate 21 about the Commission that has a spot for her. She said she is passionate about Open Space because 22 she believes everyone should have access to nature in their backyard and a place to unplug. She is 23 passionate about Park and Recreation because she believes the community should have access to 24 recreation in various forms and build relationships and memories. She is passionate about 25 Planning and Zoning because it is critical to a harmonious community. She believes it is important 26 to have the zoning and ordinances in place. She believes it is important for the community to 27 adhere to the rules to reduce friction and create a harmonious environment. She concluded she 28 wants to be on a Commission where she can apply her strengths and skills and that needs her the 29 most. 30 31 Mayor Bukkila asked Ms. Cramer if she follows Commission or Council meetings. Ms. Cramer 32 stated she prepared by thinking about the Commissions and what it would be like to be a member. 33 She read the information about the positions, the Commissions, the Comprehensive Plan, zoning 34 rules, and details about each Commission. She thought about how she would fit into each 35 Commission. 36 37 Councilmember Barthel asked Ms. Cramer to share her unique qualifications and characters. Ms. 38 Cramer said she is not afraid to give a message people do not want to hear in a constructive manner. 39 She said she is willing to commit and apply herself fully. Ms. Cramer is a quick learner and digs 40 into the details. She looks through all the information and puts forth her best recommendation. 41 She said she has the ability to analyze and make recommendations. 42 43 Mayor Bukkila thanked Ms. Cramer for taking the time to interview and explained the follow up 44 process. Andover City Council Interviews for Commission Openings Minutes —January 12, 2021 Page 9 Michelle Boles — Park and Recreation Commission Mayor Bukkila welcomed Ms. Boles and explained the interview process. 5 Councilmember Holthus asked Ms. Boles to tell the Council about herself and why she wanted to 6 be on the Commission. Ms. Boles stated she has lived in Minnesota for 7 years. She has been 7 involved politically since college and has lived abroad. She stated she was shocked with her 8 country and has gotten plugged in. She has gotten involved in Rotary and found out there were 9 openings on City Commissions. She said she has two young daughters that keep her busy. 10 11 Councilmember Butler asked Ms. Boles what her goals would be if she were selected for the Park 12 and Recreation Commission. Ms. Boles said her goals would be to be involved with the 13 community as a new mother, be a voice for the residents, and get to know people in her community. 14 15 Councilmember Nelson asked Ms. Boles what she is most excited or passionate about with the 16 Park and Recreation Commission. Ms. Boles said people want to be outside and it is a need in the 17 community. She said she meets different people at the parks and wants to make sure they are in 18 good condition and keep them safe and usable. 19 20 Mayor Bukkila asked how long Ms. Boles has lived in Andover. Ms. Boles replied since 2016. 21 Mayor Bukkila asked how Ms. Boles prepared for being on a Commission and if she is up on the 22 current events. Ms. Boles stated she is not. 23 24 Councilmember Barthel stated the role of the Park Commission is to provide recommendations to 25 the City Council. He said sometimes the goals and action differ between the Commission and the 26 City Council. He asked Ms. Boles what skillset she brings to the Commission to help bridge the 27 gap between Council and the Commission. Ms. Boles replied she is equipped to listening. She 28 said it is good to hear from the residents. She said her strength is her interpersonal skills and 29 communication. 30 31 Ms. Boles stated she is involved in political groups and she did research with her friends who have 32 served in political office. She said she is a licensed realtor and being a parent is the hardest job she 33 has had. 34 35 Mayor Bukkila asked if Ms. Boles is licensed in the area. Ms. Boles stated she works with Keller - 36 Williams and has been licensed since 2016. Mayor Bukkila asked Ms. Boles what her assessment 37 is of the livability and what attracts homebuyers to Andover. Ms. Boles stated she helps her friends 38 out and is not in the professional field of realty at this time. 39 40 Mayor Bukkila thanked Ms. Boles for taking the time to interview and explained the follow up 41 process. 42 43 Don Schmeichel — YMCA Community Center 44 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 Andover City Council Interviews for Commission Openings Minutes—January 12, 2021 Page 10 Mayor Bukkila welcomed Mr. Schmeichel and explained the interview process. Councilmember Holthus asked Mr. Schmeichel to tell the Council about himself and why he wanted to continue to be on the Commission. Mr. Schmeichel stated he has been a resident in Andover for 24 years. He said he has coached numerous sports and has been on the board for two terms. Councilmember Butler asked Mr. Schmeichel what his goals would be if he served another term. Mr. Scbmeichel replied his goals include fiscal responsibility, help promote the Community Center and activities. Councilmember Nelson asked Mr. Schmeichel what motivates him to continue on the Commission and if there was anything new, he would like to do. Mr. Schmeichel stated he is motivated due to his longevity in the community and his desire to keep Andover a great place to live. Mayor Bukkila asked Mr. Schmeichel how he feels about his current role and if there is something else the Commission could take on. Mr. Schmeichel replied there has been a lot of discussion with the design of the Community Center expansion and feels he has input. He stated there have been challenges this past year due to COVID and the Commission has been flexible and making changes as needed. He stated the Commission balances the need of users. Mr. Schmeichel stated there is a need for the Commission to think outside the box. Councilmember Barthel asked Mr. Schmeichel his opinion on what the Commission could turn into to ensure they had more voices or more organizations that are not currently represented. Mr. Schmeichel replied the City could look at adding a few more spots, such as organizations that are not represented. He suggested an item on the agenda that is added by Council to ensure the Commission is on the right track. Councilmember Butler stated the Community Center has budget challenges and asked what Mr. Schmeichel's philosophy was towards revenue generating activities and activities benefiting the greater community that does not produce much revenue. Mr. Schmeichel replied there needs to be a healthy mix of revenue generating activities and fund supported activities. He stated developing goals will help guide the Commission. Councilmember Holthus asked what Mr. Schmeichel thought would be best in the food area by the ice arena, whether it should be contracted or having paid employees run it. Mr. Schmeichel stated the Commission should look at the costs, risks, and return. Mayor Bukkila thanked Mr. Schmeichel for taking the time to interview and explained the follow up process. ADJOURNMENT Mayor Bukkila declared the meeting adjourned at 8:37 p.m. Andover City Council Interviews for Commission Openings Minutes — January 12, 2021 Page 11 Respectfully submitted, `A 3 Shari Kunza, Recording Secretary 4 TimeSaver OffSite Secretarial, Inc. 2 0 6 ANDOVER COMMISSION INTERVIEWS — JANUARY 13, 2021 7 MINUTES 10 The Andover Commission Interview meeting was called to order by Mayor Sheri Bukkila on 11 January 13, 2021, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 12 Minnesota. 13 14 Councilmembers present: Valerie Holthus (remote), Jamie Barthel, Ted Butler, and Randy 15 Nelson 16 17 Councilmember absent: None 18 19 AGENDA APPROVAL 20 21 The agenda was approved as presented. 22 23 INTERVIEWS OF PLANNING & ZONING COMMISSION, PARK & RECREATION 24 COMMISSION, OPEN SPACE ADVISORY COMMISSION/YMCA CC ADVISORY 25 COMMISSION 26 27 Catherine Fredrickson — Park and Recreation/Open Space 28 29 Mayor Bukkila welcomed Ms. Fredrickson and explained the interview process. 30 31 Councilmember Holthus asked Ms, Fredrickson to tell the Council about herself and why she 32 wanted to be on a Commission. Ms. Fredrickson stated she is a new member of Andover and 33 moved hereto have more space for her and her family. She stated she works in Human Resources, 34 likes to garden, and loves to travel. She said parks has been an important part of her life and 2020 35 has proven how important the outdoors is. 36 37 Councilmember Butler asked Ms. Fredrickson what other community activities she is involved in 38 and if she has explored the Andover community. Ms. Fredrickson replied she lives near Kelsey 39 Round Lake Park. She kayaks down the Rum River. She stated she volunteers at her church and 40 has been a certified personal trainer. 41 42 Councilmember Nelson asked Ms. Fredrickson which Commission she is leaning more towards. 43 Ms. Fredrickson replied she is leaning more towards Park and Recreation. She would like to create 44 a space that multi -generations can enjoy and congregate. She said the Open Space Commission is 45 important but feels her heart is in Park and Recreation. 46 47 Mayor Bukkila welcomed Ms. Fredrickson to Andover and asked what research she had done to Andover City Council Interviews for Commission Openings Minutes — January 13, 2021 Page 2 1 prepare for the interviews and the initiatives of the Commissions. Ms. Fredrickson stated she has 2 looked at the minutes and is unaware of specific Commission initiatives. She stated she reads the 3 City Newsletter. 4 5 Councilmember Barthel stated the City Commissions have members that have been residents for 6 many years. He asked Ms. Fredrickson to share qualities and characteristics that she will bring to 7 the Commission. Ms. Fredrickson stated she can bring a fresh set of eyes. She said a fresh set of 8 eyes is important to bring a new perspective to people that have been around for a while. 9 10 Mayor Bukkila asked if there were any topics that Ms. Fredrickson was interested in while she 11 was reading through the minutes. Ms. Fredrickson replied the minutes she reviewed were short 12 and she did not get a feel for the 2020 initiatives. Mayor Bukkila explained the Park Dedication 13 fees are dedicated to funding park projects. She asked Ms. Fredrickson if she sees something that 14 is lacking in Andover parks. Ms. Fredrickson stated the park on the Rum River is scarce in 15 amenities. She said it would be nice to have more seating, additional playground equipment, a 16 river overlook, and more educational opportunities to promote intergenerational interaction. 17 18 Councilmember Barthel stated the Commissions work closely with the Council and sometimes the 19 priorities of the Commission and the Council differ, and Council makes the final decision. He 20 asked how Ms. Fredrickson would handle the differing priorities. Ms. Fredrickson stated the 21 Council is elected and they have a greater understanding of the needs of Andover. She stated if 22 there were a difference, she would defer to the City Council. 23 24 Mayor Bukkila thanked Ms. Fredrickson for taking the time to interview. 25 26 Jim Olson — Open Space 27 28 Mayor Bukkila welcomed Mr. Olson and thanked him for his service on the Open Space 29 Commission and explained the interview process. 30 31 Councilmember Holthus asked Mr. Olson to tell the Council about himself and why he wanted to 32 continue on the Commission. Mr. Olson stated he has lived in Andover for over 30 years. He 33 loves living in Andover and it has changed a lot in 30 years. Mr. Olson said passing the Open 34 Space Referendum was the smartest thing the City has done. He did not support it at first, but 35 admitted he was wrong and finds it important to preserve open space. Mr. Olson stated the 36 Commission started from scratch and did a great job of figuring it out. 37 38 Councilmember Butler asked Mr. Olson what he was most proud of from being on the Open Space 39 Commission and what he sees as the next steps. Mr. Olson replied all the open spaces are different 40 and there is a little bit of everything. Mr. Olson stated the Commission was tasked with acquiring 41 land for open space. He said the next steps are to fine tune the parcels and figure out how to 42 manage the maintenance needs as economically as possible. 43 Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 3 1 Councilmember Nelson asked Mr. Olson what motivates him to want to continue on the Open 2 Space Commission. Mr. Olson stated he enjoys the outdoors and is a member of Pheasants 3 Forever. He said open space in Andover is slipping away rapidly. 4 5 Mayor Bukkila asked Mr. Olson what is left to do with open space and asked what discussions the 6 Commission is having. Mr. Olson replied the spaces need fine tuning, making the property 7 accessible, and most of the hard work is done. Mayor Bukkila asked if the Commission was 8 looking at signage. Mr. Olson said the City does a great job of maintaining space and putting in 9 trails. 10 11 Councilmember Barthel asked Mr. Olson if he sees open space being more interactive in the future 12 than they are now. Mr. Olson stated he hopes the open space stays as it is. He said his opinion is 13 to leave open space as it is, and it should not be turned into a park or something else. 14 15 Mayor Bukkila thanked Mr. Olson for taking the time to interview. 16 17 Brad Grayson Park and Recreation 18 19 Mayor Bukkila welcomed Mr. Grayson and explained the interview process. 20 21 Councilmember Holthus asked Mr. Grayson to tell the Council about himself and why he wanted 22 to be on the Park and Recreation Commission. Mr. Grayson stated he is from Maryland and moved 23 to Andover with his wife and kids. He has lived in Andover for 5 years. He said he is interested 24 in getting involved in the City and thought the Park and Recreation Commission was a good place 25 to start because he and his family are very active. 26 27 Councilmember Butler asked Mr. Grayson to talk about his involvement in community activities. 28 Mr. Grayson replied he has participated in the Andover community days and is looking forward 29 to volunteering as his kids get involved in activities. 30 31 Councilmember Nelson asked Mr. Grayson what he would like to accomplish if he was selected 32 for the Park and Recreation Commission. Mr. Grayson stated he would like to get to know Andover 33 as a community and how they interact with the parks. He said he would like to preserve and 34 improve Andover parks. 35 36 Mayor Bukkila asked Mr. Grayson what steps he took to prepare for the interview. Mr. Grayson 37 stated he called City staff and asked what the Commission did. He said he has a friend who works 38 for the City and asked him about the Commission. Mr. Grayson said he is not up to speed on 39 issues but reads the City Newsletter. Mayor Bukkila asked if he had watched meetings or read 40 minutes. Mr. Grayson replied he has not. 41 42 Councilmember Barthel asked what Mr. Grayson would do to make sure he was an active and 43 knowledgeable member of the Commission. Mr. Grayson stated he would check out the minutes, 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 Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 4 get a map of the parks, tour the parks, talk to friends in the area about what they would like to see, and reach out to other members of the Commission to introduce himself and ask questions. Councilmember Butler asked if Mr. Grayson had a favorite park. Mr. Grayson stated his favorite park is Prairie Knoll. He said his daughters are taking ice skating lessons and they go there to practice. He said he likes Bunker Regional Park and Hidden Creek North Park. Councilmember Barthel stated there are many Commissioners who have lived in Andover for a long time and asked Mr. Grayson how he will make his voice heard. Mr. Grayson stated he will be a fresh set of eyes and give a different perspective to the Commission. Mayor Bukkila asked Mr. Grayson how Andover meets his expectations. Mr. Grayson stated he has not been anywhere like Andover where people flood outside when the sun shines, no matter the weather. He said the parks are clean and well taken care of. Mr. Grayson stated Andover is improving the parks and the fields are well-maintained. He said he has been impressed and it is one of the reasons he wants to join the Commission. Mayor Bukkila thanked Mr. Grayson for taking the time to interview Karen Godfrey —Planning and Zoning Mayor Bukkila welcomed Ms. Godfrey and thanked her for her service on the Planning and Zoning Commission and explained the interview process. Councilmember Holthus asked Ms. Godfrey to tell the Council about herself and why she wanted to stay on the Planning and Zoning Commission. Ms. Godfrey said she would like to stay on the Commission. She said she originally wanted to get on the Commission to see how the City interacted with the Met Council. Ms. Godfrey's background is a consultant in Governance, Risk, and Compliance and banking. She said she is used to working in highly regulated environments and going through City Code is comfortable for her. Ms. Godfrey stated she wants to continue to increase citizen engagement. Councilmember Butler asked Ms. Godfrey what goals she has if she is selected for another term. Ms. Godfrey stated being a Commissioner is a different type of leadership and she has been studying and enhancing her leadership. She understands her role is to connect citizens to the City Council and draw out information as it is needed to make a recommendation. Councilmember Nelson asked what drives Ms. Godfrey to be on the Commission. Ms. Godfrey replied the Planning and Zoning Commission has become an important part of her life and she feels a part of something bigger than herself. She stated she finds passion in keeping Andover a strong community. She sees her role as a servant of the City, and she is in awe of the service she sees in the Commissions and Council. Mayor Bukkila asked what concerns Ms. Godfrey has for PUDs in the rural area and breaking Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 5 away from the 2.5 acre lots. Ms. Godfrey stated Andover is at a crossroads and is transitioning to a PUD environment. She said in order to continue to grow, the City needs to be more flexible. She said the City would not be as attractive if everything was 2.5 acres or more. She said the fact the City has housing variety is what makes Andover appealing. Ms. Godfrey said it allows people to live here and transition throughout their life. She said the PUD is a wonderful tool and sets the tone for a neighborhood. 8 Councilmember Barthel asked Ms. Godfrey what regulations she feels Andover should change. 9 Ms. Godfrey said the City has made changes in the City Code that are for the better. She stated 10 she is cautious about recommending wholesale change and does not want to be micromanaging. 11 Ms. Godfrey likes to see flexibility on setbacks and does not want Andover to be a cookie cutter 12 community. Ms. Godfrey understands setting minimums for safety and aesthetics but does not 13 feel the City should be so rigid. Ms. Godfrey stated the Commission could go through the code 14 and set minimums or guidelines. She gave the example that she does not believe dogs should be 15 licensed any more. 16 17 Councilmember Barthel stated the biggest thing in this world is showing up. He has been 18 impressed that Ms. Godfrey attends the Planning and Zoning Commission meetings and then 19 follows up by attending the City Council meeting. Ms. Godfrey explained she attends the Council 20 meetings because she feels it is important that residents hold the City Council and Mayor 21 accountable. She is also interested and likes to see how the Council handles the issue and the result 22 of the Commission's work. 23 24 Ms. Godfrey asked the Council how the Commissions can better serve the Council and assist them 25 in doing their job better. Mayor Bukkila stated it is okay to disagree and the opinions of the 26 Commission is what provokes thought in the City Council. Councilmember Butler stated he looks 27 into why there are dissenting votes. 28 29 Mayor Bukkila thanked Ms. Godfrey for taking the time to interview. 30 31 Shelby Holubiw— Planning and Zoning/Park and Recreation/Open Space 32 33 Mayor Bukkila welcomed Ms. Holubiw and asked which Commission she was most interested in. 34 Ms. Holubiw responded Open Space is her number one choice, followed by Park and Recreation, 35 and Planning and Zoning was third. 36 37 Councilmember Holthus asked Ms. Holubiw to tell the Council about herself and why she wanted 38 to be on a Commission. Ms. Holubiw stated she is a civil engineer and currently a stay-at-home 39 mom. She moved to Andover in 2009 and has 5 -year-old twins. She said their family canoes and 40 camps. She stated she loves the preserves and Martins Meadows is her favorite one. She stated her 41 favorite park is Pine Hills North. 42 43 Councilmember Butler asked what Ms. Holubiw's goals would be if she were selected to be on a 44 Commission. Ms. Holubiw responded she would get up to speed with information, shadow a Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 6 1 current Commissioner, preserve current parks, and look at acquiring new land. She stated she is a 2 salesperson and is comfortable selling open space. 3 4 Councilmember Nelson asked what motivated Ms. Holubiw to apply for a Commission. Ms. 5 Holubiw responded she has seen the advertisement years ago and feels now is the right time for 6 her to apply. 7 8 Mayor Bukkila asked Ms. Holubiw how she prepared to be on a Commission. Ms. Holubiw 9 replied she looked at the agendas, minutes, and meetings for Open Space and Park and Recreation. 10 She stated she also watched videos about the open spaces. 11 12 Councilmember Barthel asked Ms. Holubiw what she thinks the City should do to preserve, 13 change, or expand open space and parks. Ms. Holubiw stated she would promote parks and open 14 spaces more. 15 16 Mayor Bukkila thanked Ms. Holubiw for taking the time to interview and explained the follow up 17 process. 18 19 Mayor Bukkila recessed the meeting at 7:10 p.m. 20 21 Mayor Bukkila reconvened the meeting at 7:30 p.m. 22 23 James Dickey —Open Space 24 25 Mayor Bukkila welcomed Mr. Dickey and explained the interview process. 26 27 Councilmember Holthus asked Mr. Dickey to tell the Council about himself and why he wants to 28 be on the Commission. Mr. Dickey replied he is a Florida native and moved to Minnesota in 2010 29 for law school. He stated he moved to Andover in 2019 for more space for his family. He is 30 married and has a daughter. He wants to be more involved in Andover's government and is 31 interested in running for Council at some point. He has interest in land, how government acquires 32 it, and how it is regulated while maintaining individual property rights. 33 34 Councilmember Butler asked Mr. Dickey what other community activities he is involved in. Mr. 35 Dickey stated he volunteered at his church as a bus captain. He has joined a church in Andover 36 and is looking to become more involved there. 37 38 Councilmember Nelson asked what Mr. Dickey would like to accomplish on the Open Space 39 Commission. Mr. Dickey stated he is more interested in being part of the discussion taking place 40 and providing recommendations to the Council. He stated the Commission has a good foundation 41 with acquiring land and educating the public. He said he wants to be part of the process. 42 43 Mayor Bukkila asked Mr. Dickey if he would be interested in another Commission if the Council 44 needed him. Mr. Dickey said he would entertain another Commission however he has committed Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 7 1 to a study group at his church for 10 weeks and would not be able to attend meetings right away. 2 The Council described the Commissions, dates, and times they meet. 3 4 Councilmember Barthel asked Mr. Dickey why he chose to live in Andover. Mr. Dickey replied 5 he did not know much about Andover before he moved here. He said he was looking for houses 6 in the suburbs and found what he was looking for in Andover. He said Andover has value with 7 land, house, and a safe community. 8 9 Councilmember Butler asked Mr. Dickey which open space is his favorite. Mr. Dickey replied 10 Martins Meadows is closest to his house and his favorite. 11 12 Mayor Bukkila thanked Mr. Dickey for taking the time to interview. 13 14 Ryan Ingebritson — Open Space 15 16 Mayor Bukkila welcomed Mr. Ingebritson and explained the interview process. 17 18 Councilmember Holthus asked Mr. Ingebritson to tell the Council about himself and why he 19 wanted to continue to be on the Commission. Mr. Ingebritson said he moved to Andover 4 years 20 ago and would like to be on the Open Space Commission because he grew up on a farm and 21 Andover's open spaces are similar to his farm with woodlands and swamps. He said likes the 22 aspect of clinging on to wildlife and untouched land. 23 24 Councilmember Butler asked Mr. Ingebritson what his goals would be for the Open Space 25 Commission. Mr. Ingebritson stated a lot of people do not know about open space and making 26 people aware of the open space preserves is important 27 28 Councilmember Nelson asked Mr. Ingebritson what motivated him to apply again. Mr. Ingebritson 29 replied he wants to be involved in the community but has small kids that keep him busy. He stated 30 it is best for him to stay with something he is familiar with. 31 32 Mayor Bukkila stated the heavy lifting is behind the Commission and asked what Mr. Ingebritson 33 sees as the current mission. Mr. Ingebritson said the goal now is to maintain the open space and 34 keep them untouched. 35 36 Councilmember Barthel asked Mr. Ingebritson if he feels the relationship between the Open Space 37 Commission and the City Council works or would he like to see it changed. Mr. Ingebritson stated 38 he feels the relationship works because they do not have a large number of items to bring to the 39 table. He stated their role is to bring the Council out to the preserves and show them what they 40 are. 41 42 Councilmember Barthel stated he likes the idea of the Commission bringing the Council out to the 43 preserves and learning the history behind them. He said he would like to see more of that moving Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 8 1 forward. Councilmember Barthel said the Commission has done an excellent job and agrees that 2 the preserves are not promoted enough. 4 Mayor Bukkila thanked Mr. Ingebritson for taking the time to interview and for his service on the 5 Commission. 6 7 Twila Hauck -Martin —Park and Recreation/YMCA CC 8 9 Mayor Bukkila welcomed Ms. Hauck -Martin and explained the interview process. 10 11 Councilmember Holthus asked Ms. Hauck -Martin to tell the Council about herself and why she 12 wanted to be on the Commission. Ms. Hauck -Martin stated she has been involved in sports 13 organizations and the City has a $40 million facility she would like to see stand on its own as best 14 as it can. 15 16 Councilmember Butler asked Ms. Hauck -Martin what her goals would be if she were selected for 17 a Commission. Ms. Hauck -Martin said she does not see enough community representation on the 18 YMCA CC Commission and feels the taxpayers should be represented. She stated the Park and 19 Recreation Commission does a good job and as she read through the minutes, she does not see 20 anything that stands out. 21 22 Councilmember Nelson asked if Ms. Hauck -Martin preferred one Commission over the other. Ms. 23 Hauck -Martin stated she volunteers where there is a need and will take it on whole-heartedly. She 24 stated she would like to put her knowledge where there is a need. 25 26 Mayor Bukkila asked Ms. Hauck -Martin how she would benefit the YMCA CC Commission. Ms. 27 Hauck -Martin replied she has a background in business and bringing a business sense is important. 28 She would like to see bigger things happening than general rentals that bring in revenue. 29 30 Councilmember Barthel asked Ms. Hauck -Martin her vision for the YMCA CC for the future. Ms. 31 Hauck -Martin stated she would like to see it expand outside general rentals and bring in revenue. 32 She stated time can be spent focusing on revenue generation to make more money that it does not 33 rely so heavily on taxpayer dollars. 34 35 Councilmember Barthel asked Ms. Hauck -Martin her vision for the Park and Recreation 36 Commission for the future. Ms. Hauck -Martin stated she would like to see trails and parks in each 37 new development. She stated she has noticed many absentee Commissioners on the Park and 38 Recreation Commission. 39 40 Mayor Bukkila thanked Ms. Hauck -Martin for taking the time to interview. 41 42 Scott Roth — Planning and Zoning/Park and Recreation 43 44 Mayor Bukkila welcomed Mr. Roth and explained the interview process. Andover City Council Interviews for Commission Openings Minutes —January 13, 2021 Page 9 1 Councilmember Holthus asked Mr. Roth to tell the Council about himself and why he wanted to 2 be on a Commission. Mr. Roth stated he is a 15 -year resident of Andover and was recently 3 furloughed from his job which gave him time to think. He stated he worked a lot, took care of his 4 family, but never gave back to the community. He said he decided this is the next stage of his life. 5 Mr. Roth stated he is an entrepreneur and got his experience through the golf business. 7 Councilmember Butler asked Mr. Roth what his goals would be if he was selected for a 8 Commission. Mr. Roth stated his goal is to make sure Andover's amenities are solid, as it exists, 9 and then to build and expand as they are able to. 10 11 Councilmember Nelson asked Mr. Roth which Commission he prefers. Mr. Roth stated Park and 12 Recreation is where he has the most experience. He feels he can get up to speed with Planning and 13 Zoning. Mr. Roth stated if he had to choose between the two, Park and Recreation is his second 14 home. Mr. Roth stated he would like to respond to the needs of the residents of Andover and talk 15 to the community before making decisions. 16 17 Mayor Bukkila asked Mr. Roth how he prepared for this interview. Mr. Roth stated he downloaded 18 agendas and minutes for Planning and Zoning and Park and Recreation. He researched what is 19 important. He stated he sat through a seminar on what it is like to serve. Mr. Roth stated serving 20 on a Commission is just outside his comfort zone and he is willing to do the research and time to 21 figure it out. 22 23 Councilmember Barthel asked Mr. Roth what he would do to be familiar with a Commission if he 24 were chosen. Mr. Roth stated he would do the same thing he is doing for his job search: talk to 25 people who are doing or have done the job and ask what it is like. 26 27 Councilmember Butler asked if Mr. Roth was interested in another Commission if the Council 28 needed him. Mr. Roth stated he is open to other Commissions. 29 30 Mr. Roth stated he would like to plagiarize Councilmember Barthel. He stated Councilmember 31 Barthel was quoted as saying: "as a Councilmember I would ask myself 4 questions every time 32 there is a vote: 1) Is it good for the Andover residents and their families? 2)Will it help attract 33 businesses and families to our City? 3) Will it raise our property values and continue to make 34 Andover a desirable place to live? 4) How much of a burden will it put on our taxpayers and what 35 will they receive in return?' Mr. Roth stated that summarizes his feelings about how he would 36 serve. 37 38 Mayor Bukkila thanked Mr. Roth for taking the time to interview and explained the follow up 39 process. 40 41 Shane Stenzel — Park and Recreation 42 43 Mayor Bukkila welcomed Mr. Stenzel and explained the interview process. 44 Andover City Council Interviews for Commission Openings Minutes — January 13, 2021 Page 10 1 Councilmember Holthus asked Mr. Stenzel to tell the Council about himself and why he wanted 2 to be on the Commission. Mr. Stenzel stated he has been an Andover resident over 20 years. He 3 has coached his kids and works for the Minneapolis Park and Recreation Board. He was on the 4 Park and Recreation Commission previously and had to leave it to coach his son to the Little 5 League World Series. 6 7 Councilmember Butler asked Mr. Stenzel what his goals would be if he was appointed to the Park 8 and Recreation Commission. Mr. Stenzel stated his goals would be to maintain the assets that 9 Andover has. He said his long-term goal is to program the parks apart from sports and the YMCA. 10 11 Councilmember Nelson asked Mr. Stenzel what made him want to come back to this Commission. 12 Mr. Stenzel stated it is his investment in the community. He has raised his kids and is looking at 13 the demographics, how they recreate, and keeping up with the trends. 14 15 Mayor Bukkila asked Mr. Stenzel what he has done to prepare to come back to the Park and 16 Recreation Commission. Mr. Stenzel stated he has looked at items and has followed the 17 Commission. He sees the development in the City and expansion of neighborhoods and parks. He 18 said the City needs to live within its means while representing the whole City. 19 20 Councilmember Barthel stated the Park and Recreation Commission has a limited budget that is 21 continually shrinking and asked Mr. Stenzel what his priorities are. Mr. Stenzel replied that 22 maintaining what Andover has is the first priority. Mr. Stenzel said fostering relationships with 23 athletic associations is important because they give back to the community. He stated maintaining 24 parks is important because as parks age, they need replacement. He stated listening to the 25 community and how they are using the park is important. 26 27 Councilmember Butler asked Mr. Stenzel what factors he looks at in order to determine whether 28 the Commission should ask a new development for a park or cash in lieu. Mr. Stenzel stated the 29 Commission should look at the number of units, the proximity of existing parks, and amenities and 30 size of the closest park. Mr. Stenzel stated connections to the park are also important. 31 32 Councilmember Barthel asked Mr. Stenzel how he felt about the relationship between the City 33 Council and the Park and Recreation Commission and how he would like to see it work. Mr. 34 Stenzel stated there were things that worked and things that needed improvement. He said the 35 Capital Improvement Program was a challenge. Mr. Stenzel stated park projects would get 36 bumped for other projects and it would get frustrating. 37 38 Mayor Bukkila thanked Mr. Stenzel for taking the time to interview and explained the follow up 39 process. 40 41 Mayor Bukkila recessed the meeting at 8:42 p.m. 42 43 Mayor Bukkila reconvened the meeting at 9:00 p.m. 44 Andover City Council Interviews for Commission Openings Minutes—January 13, 2021 Page 11 1091111 Cl D1:7TI-0[IN The City Council discussed applicants for City Commissions. The Council reached consensus to table the YMCA CC appointments until the next meeting. 7 Motion by Councilmember Butler, Seconded by Councilmember Barthel, to appoint Jake 8 Widmyer, Sophia Newton, Shane Stenzel, and Scott Roth to the Park and Recreation Commission 9 with Brad Grayson as alternate #1 and Shelby Holubiw as alternate #2. Motion taken by roll call: 10 Councilmember Barthel - aye 11 Councilmember Butler — aye 12 Councilmember Holthus - aye 13 Councilmember Nelson - aye 14 Mayor Bukkila -aye 15 Motion carried unanimously. 16 17 Motion by Councilmember Barthel, Seconded by Councilmember Butler, to appoint Jim Olson, 18 Ryan Ingebritson, and Shelby Holubiw to the Open Space Commission and Catherine Fredrickson 19 as alternate #1. Motion taken by roll call: 20 Councilmember Barthel - aye 21 Councilmember Butler — aye 22 Councilmember Holthus - aye 23 Councilmember Nelson - aye 24 Mayor Bukkila -aye 25 Motion carried unanimously. 26 27 Motion by Councilmember Barthel, Seconded by Councilmember Butler, to appoint Nick 28 Loehlein and Karen Godfrey to the Planning and Zoning Commission with Scott Roth as alternate 29 #1. Motion taken by roll call: 30 Councilmember Barthel - aye 31 Councilmember Butler — aye 32 Councilmember Holthus - aye 33 Councilmember Nelson - aye 34 Mayor Bukkila -aye 35 Motion carried unanimously. 36 37 ADJOURNMENT 38 39 Mayor Bukkila declared the meeting adjourned at 9:34 p.m. 40 41 Respectfully submitted, 42 43 Shari Kunza, Recording Secretary 44 TimeSaver OffSite Secretarial, Inc. 2 10 11 12 13 14 15 16 REGULAR ANDOVER CITY COUNCIL MEETING —JANUARY 19,2021 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, January 19, 2021, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: 17 Councilmember absent: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Also present: Valerie Holthus (remote), Jamie Barthel, Ted Butler, and Randy Nelson 1►6TT City Administrator, Jim Dickinson Public Works Director/City Engineer, David Berkowitz Associate Planner, Jake Griffiths City Attorney, Scott Baumgartner Others PLEDGE OFALLEGL4NCE MY/"Qf &M01&$ffJ Bel Tosah, 1705 148x' Lane, came forward and stated he has concerns about things that are happening in the community. He stated it took courage for him to come and speak before Council. +Mr. Tosah is part of the Cameroon community, African American community, a member of Westminster Presbyteriau Church and a resident of Andover. He told the Council 33 he is a human research subject, writer; actor, comedian, and musician. He stated he is involved 34 in a few community projects that are unethical and degrading to his community. He stated he is 35 forced to disrespect, shock, confuse, and creep people out and because of this, his family wants 36 nothing to do with him. He said these groups have given him social restrictions and have not 37 allowed him to share the truth with reality tv and media. Mr. Tosah stated it is time for him to 38 address the media. He has friends and fans who are concerned for him and he is concerned for 39 his mental health. Mr. Tosah is looking for a support team, resources, and a job. He stated he 40 needs help to get rid of the groups that are following him, threatening him, and studying him. 41 42 Mayor Bukkila stated she and Mr. Dickinson met with Mr. Tosah prior to the meeting and they 43 gave Mr. Tosah their business cards. She stated they will connect Mr. Tosah with resources. 44 45 AGENDA APPROVAL 46 47 Motion by Barthel, Seconded by Nelson, to approve the Agenda as presented. Motion taken by 48 roll call: Regular Andover City Council Meeting Minutes — January 19, 2021 Page 2 1 Councilmember Barthel - aye 2 Councilmember Butler — aye 3 Councilmember Holthus - aye 4 Councilmember Nelson - aye 5 Mayor Bukkila - aye 6 Motion carried unanimously. 7 8 APPROVAL OFMINUTES 9 10 January 5, 2021 Regular Meeting: Correct as written. 11 12 Motion by Butler, Seconded by Barthel, to approve the January 5, 2021 Regular meeting 13 minutes as presented. Motion taken by roll call: 14 Councilmember Barthel — aye 15 Councilmember Butler - aye 16 Councilmember Holthus - aye 17 Councilmember Nelson - aye 18 Mayor Bukkila - aye 19 Motion carried unanimously. 20 21 CONSENT ITEMS 22 23 Item 2 Approve Payment of Claims 24 Item 3 Approve Debt Service Payments 25 Item 4 Receive December 2020 City Investment Reports 26 Item 5 Receive December 2020 (pre -audit) General Fund Budget Progress Report 27 Item 6 Receive Annual Building Department Report 28 Item 7 Accept Dedication of Drainage and Utility Easement — Lot 4 Block 1, Shaws Glenn 29 Second Addition — 1946 157`h Lane NW — Andrew Homich 30 Item 8 Accept Dedication of Drainage and Utility Easement — Lot 3 Block 1, Shaws Glenn 31 Second Addition —1950 157h Lane NW — Dave and Nicole Wallin 32 Item 9 Approve Massage Therapy Establishment License 33 Item 10 Approve Resolution Revoking Farm Winery Conditional Use Permit - 3482 165`h Lane 34 NW (See Resolution R008-21) 35 Item 11 Approve Amendment to City Code Title 5: Police Regulations, Regulating Targeted 36 Picketing in Residential Neighborhoods & Summary Ordinance for Publication (See 37 Ordinance 514) 38 39 Motion by Barthel, Seconded by Nelson, to approve the Consent Agenda as read. Motion taken 40 by roll call: 41 Councilmember Barthel - aye 42 Councilmember Butler - aye 43 Councilmember Holthus - aye 44 Councilmember Nelson - aye 45 Mayor Bukkila - aye Regular Andover City Council Meeting Minutes —January 19, 2021 Page 3 1 Motion carried unanimously. 2 3 ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T 4 5 Commander Lenzmeier provided a monthly report for December 2020, reporting 1,092 calls 6 for service with 14,080 calls for service year-to-date. He stated there were 22 burglaries in 7 2020 and 17 in 2019. He reported thefts were down by over 100 from 2019 to 2020. 8 Commander Lenzmeier stated the Sheriff's Office made 3 DWI arrests, 2 felony arrests, 2 9 gross misdemeanor arrests, and 5 misdemeanor arrests and 50 traffic violation arrests. 10 Commander Lenzmeier noted significant events for the month: personal injury accident/stolen 11 vehicle, a house fire, drug arrest, theft from Speedway, and 3 DWIs. 12 13 HOLD PUBLIC HEARING/ORDER PLANS & SPECS121-17/2021 MILL & 14 OVERLAY/SE CORNER OF CITY 15 16 The City Council is requested to hold a public hearing and order plans and specifications for 17 Project 21-17, 2021 Mill & Overlay/SE Corner of City. 18 19 Public Works Director/City Engineer Berkowitz identified the location of the project and 20 displayed it on a map. He explained the improvements consist of milling the top inch of 21 bituminous, inspecting gate valves, replacing, and repairing sections of curb as needed, and 22 replacing pedestrian ramps if they do not meet ADA requirements. The final step is to lay 23 down 1.5 inches of black top. Mr. Berkowitz stated the estimated project cost is $2,851,000 24 with the City covering 75% of the costs and the remainder covered by assessments at an 25 average of $750 per lot. 26 27 Mr. Berkowitz displayed photos of the existing road conditions and examples of what it will 28 look like when completed. He presented a project schedule starting in March and completing 29 in late summer. Mr. Berkowitz detailed the assessment process and options for payment. 30 31 Councilmember Butler asked Mr. Berkowitz to talk about how long the 25% assessment 32 policy has been in place. Mr. Dickinson replied it has been in place over 20 years. He stated it 33 was first used for street reconstruction, and mill and overlay projects were added 15 years ago. 34 35 Mayor Bukkila asked Mr. Berkowitz to explain why the City has decided to have a mill and 36 overlay program instead of a full street reconstruction. Mr. Berkowitz stated the Council has 37 identified the concern from the public about the road conditions in Andover. He stated more 38 funds were allocated to a large mill and overlay project in 2021, allowing the City to catch up 39 on street maintenance, and then the City would select one area for an overlay per year 40 thereafter. Mr. Berkowitz stated the roadway is analyzed for surface and underlying wear. He 41 stated if there are large amounts of cracking, the road is no longer a candidate for a mill and 42 overlay. 43 44 Mayor Bukkila asked Mr. Berkowitz to explain which roads would have a mill and overlay. 45 Mr. Berkowitz replied roads that are "alligator cracked" are beyond the condition for a mill Regular Andover City Council Meeting Minutes — January 19, 2021 Page 4 1 and overlay and require a full reconstruction. Mayor Bukkila stated the assessment for a full 2 reconstruction in the rural area could be around $2,000-$2,500 per lot and by performing a 3 mill and overlay, the assessment is $750 and extends the life of the road. Mr. Berkowitz 4 stated a full reconstruction in the rural area would be $3,000-$4,000 per unit and as high as 5 $6,000-$10,000 depending on the size of the lot. He said the mill and overlay will extend the 6 life of the road 10-15 years. Mayor Bukkila stated by using this process, it reduces the tax 7 burden on the property owner (25% assessment) and reduces the tax burden on all residents of 8 Andover (75% budgeted amount). 9 10 Motion by Barthel, Seconded by Butler, to open the public hearing at 7:28 p.m. Motion taken 11 by roll call: 12 Councilmember Barthel - aye 13 Councilmember Butler - aye 14 Councilmember Holthus - aye 15 Councilmember Nelson - aye 16 Mayor Bukkila - aye 17 Motion carried unanimously. 18 19 No one appeared before the Council. 20 21 Motion by Barthel, Seconded by Butler, to close the public hearing at 7:29 p.m. Motion taken 22 by roll call: 23 Councilmember Barthel - aye 24 Councilmember Butler - aye 25 Councilmember Holthus - aye 26 Councilmember Nelson - aye 27 Mayor Bukkila - aye 28 Motion carried unanimously. 29 30 Motion by Butler, Seconded by Barthel, to adopt Resolution No. R009-21 ordering the 31 improvement of Project 21-17,2021 Mill and Overlay/southeast corner of the City and directing 32 preparation of final plans and specifications. Motion taken by roll call: 33 Councilmember Barthel - aye 34 Councilmember Butler - aye 35 Councilmember Holthus - aye 36 Councilmember Nelson - aye 37 Mayor Bukkila - aye 38 Motion carried unanimously. 39 40 HOLD PUBLIC HEARING. VACATION OF DRAINAGE AND UTILITY EASEMENT — 41 LOT 2 BLOCK 1 HICKORYMEADOWS 2N0 ADDITION— 297143RD AVENUE NW — 42 JIM WEAVER 43 44 The City Council is requested to conduct a public hearing on the vacation of a drainage and 45 utility easement at 297 143`d Avenue. Associate Planner Griffiths stated the City discovered Regular Andover City Council Meeting Minutes — January 19, 2021 Page 5 that a retaining wall was constructed within the rear yard portion of the Drainage and Utility Easement at 297 143`a Avenue NW. He stated the homeowner has worked with staff to see if it would be possible to vacate the portion of the retaining wall encroachment. Mr. Griffiths stated staff has not received any comments from the public on this issue. 7 Councilmember Barthel asked if staff approved of the vacation of the easement. Mr. Griffiths 8 replied City staff has looked at it and has no issue with the vacation. 9 10 Motion by Barthel, Seconded by Nelson, to open the public hearing at 7:32 p.m. Motion 11 taken by roll call: 12 Councilmember Barthel - aye 13 Councilmember Butler - aye 14 Councilmember Holthus - aye 15 Councilmember Nelson - aye 16 Mayor Bukkila - aye 17 Motion carried unanimously. 18 19 No one appeared before the Council. 20 21 Motion by Barthel, Seconded by Nelson, to close the public hearing at 7:33 p.m. Motion 22 taken by roll call: 23 Councilmember Barthel - aye 24 Councilmember Butler - aye 25 Councilmember Holthus - aye 26 Councilmember Nelson - aye 27 Mayor Bukkila - aye 28 Motion carried unanimously. 29 30 Motion by Barthel, Seconded by Nelson, to adopt Resolution No. R010-21 granting the vacation 31 of a drainage and utility easement at 297 143`d Avenue NW, PIN 25-32-24-42-0081. Motion 32 taken by roll call: 33 Councilmember Barthel - aye 34 Councilmember Butler - aye 35 Councilmember Holthus - aye 36 Councilmember Nelson - aye 37 Mayor Bukkila - aye 38 Motion carried unanimously. 39 40 HOLD PUBLIC HEARING: CONSIDER NUISANCE DOGIDANGEROUS DOG 41 42 The City Council is requested to receive a presentation, open public hearing to gather 43 testimony and to consider classifying a Pitbull, named Petey a nuisance dog, dangerous 44 dog, and require abatement. 45 Regular Andover City Council Meeting Minutes — January 19, 2021 Page 6 1 City Administrator Dickinson referred to documents provided to Council, including police 2 reports and City correspondence. Mr. Dickinson stated the City Administrator's opinion is to 3 declare the dog a dangerous dog and a nuisance based on the number of attacks and severity of 4 the attacks. 6 Mr. Dickinson reviewed the definition of a dangerous dog as written in the staff report and 7 stated item A pertained to this dog: "Without provocation, inflicted substantial bodily harm 8 on a human being on public or private property". Mr. Dickinson described the declaration of a 9 dog nuisance and require abatement and stated item A pertained to this dog: "To bite, attack or 10 endanger the safety of humans or domestic animals". 11 12 Mr. Dickinson stated Administration recommends following option 5-1A-6, E -4-a requiring the 13 dog to be confiscated and destroyed in a proper and humane manner with the cost being paid 14 by the owner. 15 16 Mr. Dickinson outlined the chronology of the events and written in the staff report. Mr. 17 Dickinson stated the dog attacked his owner unprovoked requiring the owner to be transported 18 to the hospital. Mr. Dickinson explained the dog had bitten his owner three previous times. Mr. 19 Dickinson stated the dog was quarantined at the North Metro Animal Care and Control and was 20 reported to have "fear aggression" and it is unusual for a dog to attack its owner. 21 22 Motion by Holthus, Seconded by Butler, to open the public hearing at 7:39 p.m. Motion 23 taken by roll call: 24 Councilmember Barthel - aye 25 Councilmember Butler - aye 26 Councilmember Holthus - aye 27 Councilmember Nelson - aye 28 Mayor Bukkila - aye 29 Motion carried unanimously. 30 31 Michael Spiegelberg, 2623 138`h Avenue NW, came forward and stated he was the one who got 32 bit. He stated he has health issues and lost another dog to a heart attack. He said his life has 33 been going downhill. He said his dog is not dangerous. He said his dog is overprotective to 34 him. He said he loves his dog and needs him. 35 36 Aaron Cook, 2619 138th Avenue NW, came forward and stated he lives next door to Mr. 37 Spiegelberg. He said the dog is a nice and caring dog and has never seen him get angry at 38 people. Mr. Cook stated he would like to get the dog fixed and seek help for training. He said 39 Petey is a nice dog and he has never seen him violent. 40 41 Natalie Leach, 6838 139h Lane, Unit 4, Ramsey, came forward and stated she is the aunt to the 42 owners. Ms. Leach stated Petey gets excited and she has not had issues other than him trying 43 to lick her to death. She stated he has not had aggression towards anyone. She stated he needs 44 training. Ms. Leach stated she does not want to see him put down because of this incident. 45 Regular Andover City Council Meeting Minutes — January 19, 2021 Page 7 1 James Olson, 2619 138'h Avenue NW, came forward and said Petey is a good dog. He stated 2 he has three kids, and he does not fear for them when they play with Petey. 4 Amber Olson, 259 1415' Avenue NW, girlfriend of one of the owners stated she is over every 5 day and spends a lot of time with the dog. She stated she sleeps with the dog and he is the best 6 pet she has ever met. Ms. Olson stated he is protective but not aggressive. She said he gets 7 scared and needs training. 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 Cassandra Borla, 2605 138th Avenue NW, Apt 201, said she is neighbors with the owners. She said her neighbors are friendly and Petey is sweet. She said her dog gets along well with Petey. Ms. Borla said she has taken her dog to a canine coach and recommended Petey see one as well. She does not think Petey is a threat to the community and feels he can benefit from training. She said the owners have her support. Jake Hanson, 2605 1380' Avenue NW, came forward and stated he agrees with everything Cassandra said. He sees Petey daily and interactions go well. He stated the owners are willing to do whatever it takes to keep Petey in the home. Mr. Hanson stated Mr. Dickinson was worried about the neighbors in his presentation. Mr. Hanson stated it is clear the neighbors are supportive and have daily interactions with Petey. Heather Sankey, 2623 138th Avenue NW, came forward and states she lives with Mr. Spiegelberg. Ms. Sankey stated Petey has been around several children and on walks and has never shown aggression. She believes it is a dominance thing he is trying with Mr. Spiegelberg. She stated Petey needs training and she is willing to do anything to save her dog. Aaron Cook, 2619 138h Avenue NW, came forward and stated Mike has health issues, and he is disabled. Mr. Cook believes this has given Mr. Spiegelberg physical and financial challenges with training the dog. Motion by Barthel, Seconded by by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. Butler, to close the public hearing at 7:56 p.m. Motion taken Mr. Dickinson stated the requirements of a dangerous dog label include a proper enclosure, visible warning signs, and a Surety Bond in the amount of $300,000. He stated the cost of this is $1,600-$2,000 a year. He said the dog would need to be annually registered, microchipped, neutered, and the enclosure inspected by the City. Mr. Dickinson stated if the dog were to leave the home, it would need to be muzzled and leashed. He stated this is a rental property and the owner of the property would need to be notified. Mr. Dickinson stated the insurance policy would need to be in place before the dog is released. Regular Andover City Council Meeting Minutes —January 19, 2021 Page 8 1 City Attorney Baumgartner asked to question the residents who testified during the public 2 hearing. Mr. Baumgartner asked the residents how many of them knew the dog attacked Mr. 3 Spiegelberg three separate times prior to this incident. Mr. Baumgartner asked how many of 4 them thought the dog should have had training at that time. Mayor Bukkila stated no one responded that they knew the dog attacked the owner previously and one raised their hand that they thought the dog should be trained. 9 Councilmember Barthel stated he would like to separate nuisance dog from dangerous dog 10 and treat them separately. Mr. Dickinson replied they are separate resolutions. 11 12 Councilmember Barthel stated Council has the duty to protect all residents of the community. 13 He stated he believes Petey is a dangerous dog. Councilmember Barthel stated the dog owner 14 can take steps to remove the classification from the dog, but it takes time, training, and 15 money. He said he appreciates all the people who spoke but the dog bit unprovoked and sent 16 someone to the hospital. 17 18 Councilmember Holthus quoted the police report "Tate stated that after every incident, 19 Michael states he is going to get rid of the dog but never follows through with it. Nothing 20 changes and the dog continues with the same behavior". Councilmember Holthus stated she 21 is worried that no matter what the Council does, the dog is going to continue with its same 22 behavior. She stated personally she is worried about having this dog out there if he has bitten 23 his owner 4 times already. She stated the owner knows it is not appropriate, has thought of 24 getting rid of the dog, and the dog continues the same behavior. Councilmember Holthus 25 stated it is clear it is a dangerous dog and potentially a nuisance dog. 26 27 Councilmember Nelson stated the costs are extensive for a dangerous dog and asked if the 28 owner can commit to it. 29 30 Michael Spiegelberg, 2623 138`h Avenue, said Petey was scheduled to be neutered but 31 COVID delayed it. Mr. Spiegelberg stated if the dog was fixed, he would not be so 32 aggressive. 33 34 Councilmember Butler stated the Council has a duty to protect the community and it is hard 35 because everyone loves their pets. Councilmember Butler said that after reading the police 36 report he is concerned about the community, the neighbors, and Mr. Spiegelberg. He stated 37 he will be supporting a dangerous dog declaration tonight. 38 39 Mayor Bukkila stated the police report is included with the dangerous dog resolution. She 40 stated Heather and Tate witnessed the attack and they were not able to stop the attack. Mayor 41 Bukkila stated the injuries to Mr. Spiegelberg were serious which were described as cuts from 42 a knife. She stated the information in the report and the testimony given tonight are 43 contradictory. Mayor Bukkila stated she has been on the Council for 12 years and this is one 44 of the most severe cases she has seen. She stated it is concerning that people in the household 45 do not recognize the level of risk to everyone in the home. Regular Andover City Council Meeting Minutes — January 19, 2021 Page 9 Mayor Bukkila stated it only takes one incident to declare a dog potentially dangerous. She said there are 4 instances where the adults have failed to respond to the needs of the household and the dog. She stated being a responsible dog owner is recognizing something should be altered for the care and management of the dog after the first incident. Mayor Bukkila stated she supports the resolution declaring Petey a dangerous dog. 7 Motion by Barthel, Seconded by Butler, to adopt Resolution No. ROI 1-21 declaring a dog 8 owned by Michael Spiegelberg, 2623 138h Avenue NW, Andover, MN 55304 as a Dangerous 9 Dog pursuant to City Code Title 5, Chapter 1, Section 5-1A-8. 10 11 Mr. Baumgartner stated the resolution includes the destruction of the dog and wanted Council 12 to understand they were taking action on both a dangerous dog and abatement. 13 14 Councilmember Barthel amended his motion to strike the phrase "and require its destruction to 15 Minnesota Statute 347.56". 16 17 Councilmember Barthel stated he would like the destruction of the animal and declaring the 18 dog dangerous as separate items. 19 20 Mr. Baumgartner stated it is not common where a dangerous dog declaration and a nuisance 21 dog are placed together. He stated declaring the dog dangerous provides tools to microchip and 22 requires an insurance policy. He said a nuisance dog does not carry the same weight. 23 24 Councilmember Butler stated if this was reported earlier and the dog declared a potentially 25 dangerous dog after the first attack, followed by dangerous dog designation after the second 26 attack, he asked what the Council would have done after the third and fourth attacks. 27 Councilmember Butler stated he is concerned about the precedence it sets by the fact the attacks 28 were not brought forward. 29 30 Councilmember Barthel stated he is leaning towards not abating because the four bites have 31 been on the owner. He said if one of the bites were on another individual, he would have no 32 problem abating. 33 34 Mr. Baumgartner asked Council if they wanted to put criteria on returning the dog to the owner 35 and if so, what is the timeframe the Council wants to set. Mr. Baumgartner asked who covers 36 the cost of boarding the dog until it is returned to the owner. 37 38 Councilmember Nelson stated if the dog is not abated, how is Council going to enforce the 39 dangerous dog follow through. He stated he would like further conversation. 40 41 Mayor Bukkila stated typically dog on dog bites are what comes before Council, not dog on 42 human. She stated Statute does not separate them, but she does. She values human life and the 43 amount of substantial injury the owner received unprovoked. 44 45 Heather Sankey, 2623 138Th Avenue NW, came forward and said the dog is afraid of bath time. Regular Andover City Council Meeting Minutes—January 19, 2021 Page 10 1 She said the only one who can give Petey a shower is Tate. She stated Mr. Spiegelberg was 2 going into the shower and took off his shirt. She said Petey got mad and attacked. 4 Mr. Baumgartner read from the police report Ms. Sankey's comment "Michael had just taken a 5 shower and was walking out of the bathroom when their dog attacked. The attack was 6 completely unprovoked." He stated that is contrary to what Ms. Sankey just said. 7 8 Ms. Sankey replied the real answer sounds bizarre. Mr. Baumgartner asked why she made the 9 statement to the police. Ms. Sankey said it was adrenaline. She said she was able to pull Petey 10 off of Mr. Spiegelberg but did scream for her kids. She said it was scary and she will always 11 yell for help if she needs it, but she did not need it. 12 13 Mayor Bukkila read a passage from the police report: "Sankey stated that Michael had just taken 14 a shower and was walking out of the bathroom when their dog attacked him; the attack was 15 completely unprovoked. Sankey was unable to stop the attack, so she screamed for help. Her 16 two sons, one of them being Tate Spiegelberg, assisted by getting the dog off Michael and 17 containing it in a bedroom... Michael's wounds were covered with bandages, so pictures were 18 not taken. Per Andover Rescue, Michael had a large laceration on each wrist and multiple 19 fingers on both hands were bitten. Sankey stated the wounds looked like cuts from a knife." 20 21 Motion taken by roll call: 22 Councilmember Barthel - nay 23 Councilmember Butler - aye 24 Councilmember Holthus - aye 25 Councilmember Nelson - aye 26 Mayor Bukkila - aye 27 Motion carried 4 ayes, 1 nay (Barthel). 28 29 Councilmember Butler asked if the Council still needed to address the nuisance issue. Mr. 30 Baumgartner recommended the Council goes through the nuisance process to be complete. 31 32 Motion by Holthus, Seconded by Butler, to adopt Resolution No. R012-21 declaring a dog 33 owned by Michael Spiegelberg, 2623 1381h Avenue NW, Andover, MN 55304 as a nuisance 34 requiring abatement pursuant to City Code Title 5, Chapter 1, Section 5-1A-6. 35 Motion taken by roll call: 36 Councilmember Barthel - nay 37 Councilmember Butler - aye 38 Councilmember Holthus - aye 39 Councilmember Nelson - aye 40 Mayor Bukkila - aye 41 Motion carried 4 ayes, 1 nay (Barthel). 42 43 Mayor Bukkila stated the dog has been declared dangerous, a nuisance and requires abatement. 44 She stated the dog will not be returned to the owner. 45 Regular Andover City Council Meeting Minutes — January 19, 2021 Page 11 1 Natalie Leach asked if Tate could be present when the dog is euthanized. Mayor Bukkila asked 2 staff to discuss it with animal control and get in touch with the owner. 4 COVID 19 UPDATE 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Administrator Dickinson updated the Council on the primary changes to the COVID-19 response since the last meeting. He stated the Governor's Executive Order is in effect until the end of January. He said staff has been working on the audit of the CARES dollars. City staff are promoting the Anoka County Business Assistance Program through email blasts, website, and answering questions as they come in. The City has been working with the School District to prepare for the increase of parents driving their kids to school. The Community Center is open for many activities. High School games have started, and the sports organizations have been very helpful in working within COVID guidelines. The North Suburban Home Show has been canceled. Mr. Dickinson stated he will bring an item to end the City's Emergency Order to the next meeting. ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Administrative Staff Activities) - Mr. Dickinson said the City has issued 2 new home permits. Staff in the Building and Development Departments are attending professional development courses to continue their licenses. The City is tending to the streets and putting down salt to reduce the iciness. He said the City is mixing salt with calcium chloride to make it green so it can be seen. Staff are working on project startups and closeouts, and auditing. Engineering and Public Works are focusing on preparing for spring and summer projects. Councilmember Barthel noticed the main stairs of the Community Center are carpeted and it looks beautiful. He said there are a few small areas that are not carpeted (under the coat rack) and asked if they would finish those areas. Mr. Dickinson stated he did not know the answer and will follow-up with Mr. Barthel. ADJOURNMENT Mayor Bukkila declared the meeting adjourned at 8:44 p.m. Respectfully submitted, Shari Kunza, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —JANUARY l9, 2021 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDA APPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 2 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims............................................................................................ 2 Item 3 Approve Debt Service Payments..................................................................................... 2 Item 4 Receive December 2020 City Investment Reports .......................................................... 2 Item 5 Receive December 2020 (pre -audit) General Fund Budget Progress Report .................. 2 Item 6 Receive Annual Building Department Report ........................................................ 2 Item 7 Accept Dedication of Drainage and Utility Easement'— Lot 4 Block 1, Shaws Glenn Second Addition —1946 157th Lane NW - Andrew Homich.......................................... 2 Item 8 Accept Dedication of Drainage and Utility Easement Lot 3 Block 1, Shaws Glenn Second Addition —1950 157th Lane NW - Dave and Nicole Wallin .............................. 2 Item 9 Approve Massage Therapy Establishment License......................................................... 2 Item 10 Approve Resolution Revoking Farm Winery Conditional Use Permit - 3482 165th Lane NW (R008-21) .............. ........................ ........................ ................ 2 Item 11 Approve Amendment to City Code Title 5: Police Regulations, Regulating Targeted Picketing in Residential Neighborhoods & Summary Ordinance for Publication (Ord. 514) ............................... ........: ......... ........................................................ 2 ANOKA COUNTY SHERIFF'S OFFICE .MONTHLY REPORT ....::......................................... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/21-17/2021 MILL & OVERLAY/SE CORNER OF CITY (R009-21) ... ......... ......... `............................................... 3 HOLD PUBLIC HEARING: VACATION OF DRAINAGE AND UTILITY EASEMENT — LOT 2 BLOCK 1 HICKORY MEADOWS 2ND, ADDITION — 297 143RD AVENUE NW — (R012-21) ...... ........ COVID-19 UPDATE ............::::............:::........... ADMINISTRATOR'S REPORT ........................ (Administrative Staff Activities) ......................... ADJOURNMENT .............................................. -�:. N T Y OF 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councihnembers CC: Jim Dickinson, City Administrat FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: February 2, 2021 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. Claims totaling $185,646.94 on disbursement edit list 41 - #2 from 01/21/2021 has been issued and released. Claims totaling $1,296,945.94 on disbursement edit list #3 dated 02/02/2021 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 $1,482,592.88. 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: AHeppell Printed: 01/21/20/21/2021 - 30:03AM Batch: 00429.12.2020 crrr oar, i�1DOVER+�� Invoice No Description Amount Payment Date Acct Number Reference Vendor: SchwTayl Sue Taylor & Bobby Schwark Vendor: Aircon Check Sequence: 1 ACH Enabled: False Rental Refund Ice Refund - Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 1 Check Total: 130.00 Vendor: Aircon Aircon Electric Corporation Check Sequence: 2 ACH Enabled: False 11570-2020-1 ACC - Mechanics Rm - retrofit fixtures to LED 1,960.00 01/21/2021 2130-44400-63105 11608-2020-1 Trouble shoot pump switch, install new switch 160.50 01/21/2021 0101-45000-63005 11692-2020-1 ACC -Mist Work 1,300.36 01/21/2021 2130-44000-63105 11692-2020-2 ACC - Mist Work 5,224.93 01121/2021 4403-49300-63010 11692-2020-3 ACC - Mist work 2,138.83 01/21/2021 2130114300-63105 11727-2020-1 Wire & install timeclocks at 3 rinks 658.97 01/21/2021 010145000-63005 Check Total: 11,443.59 Vendor: AnkCity City of Anoka Check Sequence: 3 ACH Enabled: False INVO0764 December 2020 PW Tm8ic Signal Agreement 24.14 01/21/2021 0101-43400-62005 Check Total: 24.14 Vendor: AnkCo02 Anoka Co Property Tax Div Check Sequence: 4 ACH Enabled: False 20-77982 Easement -22-32-24-32-0100 46.00 01/21/2021 0101-41600-63215 20-79704 2377 Veterans Mem Blvd 46.00 01/21/2021 0101-41600-63215 Check Total: 92.00 Vendor: BamRealE BAM Real Estate Check Sequence: 5 ACH Enabled: False I December 2020 Andover Mgmt 1,074.15 01/21/2021 4520-49300-63010 Reimbursement 1 Riccar Invoice #2020-3018,2021-19 635.00 01/21/2021 4520-49300-63105 Check Total: 1,709.15 Vendor: BjorkCom Bjorklund Companies LLC Check Sequence: 6 ACH Enabled: False 35178 Class 5 Gravel 1,395.80 01/21/2021 0101-43100-63300 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 35188 Dump Charges 3,710.00 01/21/2021 0101-43100-63010 Check Total: 5,105.80 Vendor: BoothJoh John Booth Check Sequence: 7 ACH Enabled: False Rental Refund Ice Refund -Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: BryantKJ Kenny or Julie Bryant Check Sequence: 8 ACH Enabled: False Rental Refund Ice Refund- Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: CDW CDW Government, Inc. Check Sequence: 9 ACH Enabled: False 5451325 Smartboards 72.87 01/21/2021 010141420-61225 Check Total: 72.87 Vendor: ChetsSho Chefs Shoes, Inc. Check Sequence: 10 ACE Enabled: False LLC8727 Keen Braddock -Matt Cmmton 166.00 01/21/2021 5200-48200-61005 CheckTotal: 166.00 Vendor: Cotten Cotten', Inc Check Sequence: 11 ACH Enabled: False 482437 Unit #4821 (E-11) 38.80 01/21/2021 6100-48800-61115 482624 LED Signal Stat, Sealed Lamp Gromm 86.52 01/21/2021 6100-48800-61115 483031 4 tum signal lamp - stock 14.46 01/21/2021 6100-48800-61115 483167 LED signal stat - credit -84.34 01/21/2021 6100-48800-61115 484988 Coupler (8), Z hose end fitting 249.44 01/21/2021 6100-48800-61115 485559 Chain- roller, Chain link - roller 35.95 01/21/2021 6100-48800-61115 485702 Hose end - Supplies 38.56 01/21/2021 6100148800-61020 Check Total: 379.39 Vendor: CrowRive Crow River Farm Equipment Check Sequence: 12 ACH Enabled: False 199038 Misc - Building supplies 98.28 01/21/2021 0101-41930-61120 Check Total: 9828 Vendor: Dalco Dalco Check Sequence: 13 ACH Enabled: False 3715022 Hand sanitizer 396.64 01121/2021 2130-44000-61020 3716543 Mise supplies 160.13 01/21/2021 2130-44000-61020 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 3 Check Total: 556.77 Vendor: DellMark Dell Marketing L.P. Check Sequence: 14 ACH Enabled: False 10452389932 CH smartboard 733.16 01/21/2021 0101-41420-61005 10453301085 Engineering 1,962.08 01/21/2021 010141420-61005 Check Total 2,695.24 Vendor: EganSery Egan Service Check Sequence: 15 ACH Enabled: False MNT0000018894 Monthly Electrical Maintenance 557.50 01/212021 0101-43400-62300 Check Total: 557.50 Vendor: ElecSyst Electric Systems of Anoka, Inc Check Sequence: 16 ACH Enabled: False 7701 Siren 43 has no power 254.95 01/21/2021 0101-42400-63100 Check Total: 254.95 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 17 ACH Enabled: False 115683 replacement light module 108.35 01/21/2021 610048800-61115 Check Total: 108.35 Vendor: FellingT Felling Trailers Inc. Check Sequence: 18 ACH Enabled: False 224363 One piece fender 282.10 01/21/2021 610048800-61115 Check Total: 282.10 Vendor: Ferrellg Fetrellgas Check Sequence: 19 ACH Enabled: False 1113728200 Misc Supplies 42.63 01/21/2021 6100-48800-61020 Check Total: 42.63 Vendor: Fmttalo Fmttallone's Hardware Ste Check Sequence: 20 ACH Enabled: False 040869/1 Single bit axe 33.99 01/21/2021 0101-43100-61205 040898/) TruFuel 156.28 01/21/2021 0101-42200-61205 040923/1 Chainloop/guidebar 88.45 01/21/2021 5300-48300-61005 040933/J Wire Brush Mud/Sprayer 10.78 01/21/2021 010142200-61020 040988/) Misc tools 10.75 01/21/2021 010143100-61205 040999/7 Ace Bleach/Film Poly 32.58 01/21/2021 0101-42200-61005 041063/J Duct Tape 3.99 01/212021 0101-41600-61205 Check Total: 336.82 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: GopherSt Gopher State One -Call Inc Check Sequence: 21 ACH Enabled: False 0120180 Billable Locates 10125 01/21/2021 5100-48100-63040 0120180 Billable Locates 101.25 01/21/2021 520048200-63040 Check Total: 202.50 Vendor: Grainger Grainger Check Sequence: 22 ACH Enabled: False 9751912156 SUPPLIES -ACC 160.90 01/21/2021 2130-44000-61020 Check Total: 160.90 Vendor: GroebnJD Jody or Dean Groebner Check Sequence: 23 ACH Enabled: False Rental Refund Ice Refund - Big Toe Hockey 260.00 01/21/2021 2130-44300-55506 Check Total: 260.00 Vendor: HeimCtut Curtis Heim Check Sequence: 24 ACH Enabled: False Rental Refund Ice Refund - Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: HydraSpe Hydraulic Specialty Co Check Sequence: 25 ACH Enabled: False 090007908210.02 Tool repair#375 182.22 01/21/2021 6100-48800-61205 Check Total: 182.22 Vendor: Insight Insight Public Sector Check Sequence: 26 ACH Enabled: False 1100794246 LED Monitor -Building Dept. 135.54 01/21/2021 0101-41420-61225 Check Total: 135.54 Vendor: InstrRes Instrumental Research, Inc Check Sequence: 27 ACH Enabled: False 3099 December 2020 Water Testing 190.00 01/21/2021 5100-48100-63005 Check Total: 190.00 Vendor: JohnDere Derek Johnson Check Sequence: 28 ACH Enabled: False Rental Refund Ice Refund - Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: JRAdvanc JR's Advanced Recyclers Check Sequence: 29 ACH Enabled: False 103118 11/14/2020 Recycling day 1,272.80 01/21/2021 0101-46000-63010 103119 12/12/2020 Recycling day 410.00 01/21/2021 010146000-63010 103120 1211212020 Recycling day 1,794.00 01/21/2021 0101-46000-63010 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 3,476.80 Vendor: KinectEG Kmect Energy Group Check Sequence: 30 ACH Enabled: False 321540/11171502 ACC December 2020 14,008.72 01/21/2021 2130-44000-62015 321540/11171508 PWDecember2020 3,691.85 01/21/2021 0101-41930-62015 Check Total: 17,700.57 Vendor: K1ohnJJ Joseph & Jennifer Klohn Check Sequence: 31 ACH Enabled: False Rental Refund Ice Refund -Big Toe Hockey 1,21558 01/21/2021 2130-44300-55506 Check Total: 1,215.58 Vendor: LanoEqui Lano Equipment, Inc. Check Sequence: 32 ACH Enabled: False 02-801956 Parks - Stanley Breaker 150.00 01/21/2021 010145000-62200 Check Total: 150.00 Vendor: LepageSo Lepage&Sons Check Sequence: 33 ACH Enabled: False 123923 Pak- Trash collection 478.47 01/21/2021 0101-45000-62020 Check Total: 478.47 Vendor: LittleFa Little Falls Machine, Inc. Check Sequence: 34 ACH Enabled: False 360127 Wing lock counter balance valve - Unit #11207 128.60 01/21/2021 6100-48800-61115 360144 Misc Supplies for Unit #201 985.76 01/21/2021 6100-48800-61115 Check Total: 1,114.36 Vendor: Loes Loo's Oil Company Check Sequence: 35 ACH Enabled: False 85871 55 gal oil filters/100 gal anti -freeze 100.00 01/21/2021 0101-46000-63010 Check Total: 100.00 Vendor: LustreCl Lustre Clean by Design Check Sequence: 36 ACH Enabled: False 12/23/2020 12/2020 Monthly Service 155.00 01/21/2021 4520-49300-63105 Check Total: 155.00 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 37 ACH Enabled: False P31775 Supplies for Unit#525 338.92 01/21/2021 6100-48800-61115 Check Total: 338.92 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Menards Menards Inc Check Sequence: 38 ACH Enabled: False 41487 Paint, 14'3K Stealth Rat 4 Pk 65.95 01/21/2021 0101-45000-61020 41557 Hydrahyde Grain Lthr Glov 24.99 01/21/2021 0101-43100-61005 41607 3 Ply Mask, 3M Pro Earmuff 44.97 01/21/2021 0101-43100-61020 41688 Mise Supplies - ACC 76.01 01/21/2021 2130-44300-61020 41699 Color Duck 3.24 01/21/2021 0101-43300-61020 42392 7" HD Forged Scrap/20" Combo 85.90 01/21/2021 6100-48800-61020 Check Total: 301.06 Vendor: MNEquipn Minnesota Equipment Check Sequence: 39 ACH Enabled: False P14066 1/8 GRND WHEEL 31.78 01/21/2021 0101-43100-61205 P14068 BR800 BLOWER 527.96 01/21/2021 0101-43100-61205 P14140 MISC TOOLS -STREETS 574.63 01/21/2021 0101-43100-61205 P14141 UNIT#10604 31.71 01/21/2021 6100-48800-61115 P14166 CHAIN SPROCKET 19.85 01/21/2021 0101-43100-61205 P14403 UNIT #09-589 15.45 01/21/2021 6100-48800-61115 Check Total: 1,201.38 Vendor: MTIDist MTI Distributing Inc Check Sequence: 40 ACH Enabled: False 1286467-00 PARTS FOR UNIT#16583 319.93 01/21/2021 6100-48800-61115 1286480-00 FILTER-FUEL/WATER-STOCK 29.16 01/21/2021 6100-48800-61115 1286632-00 PART FOR UNIT #550 58.29 01/21/2021 6100-48800-61115 Check Total: 407.38 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 41 ACH Enabled: False IN1530978 SCBAREPAIR 607.25 01/21/2021 0101-42200-61205 IN1535348 SILV-EX PLUS FOAM CONCENTRATE 960.00 01/21/2021 0101-42200-61005 Check Total: 1,567.25 Vendor: MYHold MY Holdings, Inc. Check Sequence: 42 ACH Enabled: False 3987 ASN/SUNSHINE PARK CLEANING 724.80 01/21/2021 0101-45000-63005 Check Total: 724.80 Vendor: GlamzN N.Glantz & Sons LLC Check Sequence: 43 ACH Enabled: False 16568593-00 4MM 48"X96" BLACK COROPLAST SHEET 60.68 01/21/2021 0101-43300-61020 Check Total: 60.68 Vendor: NelsonTM Tim or Maria Nelson Check Sequence: 44 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Rental Refund Ice Refund -Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: NMAnCaC North Metro Animal Care & Control Check Sequence: 45 ACH Enabled: False 1049 BOARDING FEE FOR CATS & DOGS 375.00 01/21/2021 010142500-63010 Check Total: 375.00 Vendor: NoPineAg North Pine Aggregate, Inc. Check Sequence: 46 ACH Enabled: False 14934 CLASS 2 RIP RAP 712.00 01/21/2021 5300-48300-61145 Check Total: 712.00 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 47 ACH Enabled: False 3253-136245 AIR FILTERS 68.67 01/21/2021 6100-48800-61115 3253-136447 MISC SUPPLIES 95.52 01/21/2021 6100-48800-61115 3253-136447 MISC STOCK 4,35 01/21/2021 6100-48800-61020 Check Total: 168.54 Vendor: OffDepot Office Depot Check Sequence: 48 ACH Enabled: False 144731254001 PW Office Depot Supplies 18.38 01/21/2021 5200-48200-61005 144731254001 PW Office Depot Supplies 13.40 01/21/2021 0101-45000-61005 144731254001 PW Office Depot Supplies 5.74 01/21/2021 0101-43100-61005 144731254001 PW Office Depot Supplies 2.68 01/21/2021 010146000-61005 144731254001 PW Office Depot Supplies 9.58 01/21/2021 510048100-61005 144731254001 PW Office Depot Supplies 3.83 01/21/2021 0101-43200-61005 Check Total: 53.61 Vendor: OtisElev Otis Elevator Company Check Sequence: 49 ACH Enabled: False CLIS744001 CODE WORK -ELEVATOR -ACC 600.00 01/21/2021 2130-44000-61020 Check Total: 600.00 Vendor: RDOEquip RDO Equipment Check Sequence: 50 ACH Enabled: False P8598901 BULB/WIPER BLADE- UNIT #11111 & STOC 89.42 01/21/2021 6100-48800-61115 Check Total 89.42 Vendor. RJMechan RJ Mechanical, htc. Check Sequence: 51 ACH Enabled: False 12352 Installed new mini split @ PW 5,950.00 01/21/2021 4303-49300-63010 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AK Page 8 Check Total: 5,950.00 Vendor: RoyalTi Royal Tire Inc Check Sequence: 52 ACH Enabled: False 303-188001 UNIT #20124 355.57 01/21/2021 6100-48800-61115 303-188001 UNIT #20124 375.00 01/21/2021 610048800-63135 321-94500 UNIT#20124 337.50 01/21/2021 6100-48800-63135 321-94500 UNIT#20124 189.94 01/21/2021 6100-48800-61115 Check Total: 1,258.01 Vendor: RumRivCC Rum River Construction Consultants Check Sequence: 53 ACH Enabled: False 328 11/2020 CONTRACT BLDG INSP SERV. 2,305.58 01/21/2021 0101-42300-63005 336 12/2020 CONTRACT BLDG INSP SERV. 1,252.43 01/21/2021 0101-42300-63010 Check Total: 3,558.01 Vendor: SafeFast Safe -Fast, Inc. Check Sequence: 54 ACH Enabled: False INV240671 MISC SUPPLIES - UTILITIES 353.70 01/21/2021 5100-48100-61005 INV240671 MISC SUPPLIES -PARKS 408.15 01/21/2021 0101-45000-61005 INV240671 MISC SUPPLIES - STREETS 794.29 01/21/2021 0101-43100-61005 Check Total: 1,556.14 Vendor: SATELL Satellite Shelters, Inc. Check Sequence: 55 ACH Enabled: False INV449465 HAWK RIDGE PARK 8X36 400.00 01/21/2021 010145000-62200 Check Total: 400.00 Vendor: SiteOneL SiteOne Landscape Supply Check Sequence: 56 ACH Enabled: False 105468574-001 SCH 40 PVC MALE ADAPTERXSOCKET 2.08 01/21/2021 010145000-61020 Check Total: 2.08 Vendor: SldfstrP Peter Skifstrom Check Sequence: 57 ACH Enabled: False Rental Refund Ice Refund -Big Toe Hockey 130.00 01/21/2021 2130-44300-55506 Check Total: 130.00 Vendor: TahoSpl Taho Sportswear, Inc. Check Sequence: 58 ACH Enabled: False 20TS2951 COTTON HOODIES (32) - ACC 811.00 01/21/2021 2130-44000-61020 Check Total: 811.00 Vendor: Timesave Timesaver Check Sequence: 59 ACH Enabled: False AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AK Page 8 Invoice No Description Amount Payment Date Acct Number Reference M26106 12-15-20 CC MTG 395.85 01/21/2021 010141100-63005 M26106 12-17-20 PK & REC MTG 148.00 01/21/2021 010145000-63005 Check Total: 543.85 Vendor: Towmaste Towmaster Check Sequence: 60 ACH Enabled: False 434577 UNIT#198 50.00 01/21/2021 610048800-61115 Check Total: 50.00 Vendor: TCPropMt Twin City Properly Maint., Inc Check Sequence: 61 ACH Enabled: False 16236 SNOW SERVICE@ RENTAL PROPERTIES 1,434.84 01/21/2021 452049300-63105 Check Total: 1,434.84 Vendor: Wendells Wendells Check Sequence: 62 ACH Enabled: False 2524131 SELF INKING STAMP BLACK 29.43 01/21/2021 010141300-61005 Check Total: 29.43 Total for Check Run: 72,550.92 Total of Number of Checks: 62 AP -Computer Check Proof List by Vendor (01/21/2021 - 10:03 AM) Page 9 Accounts Payable Computer Check Proof List by Vendor User: AHeppell Printed: 01/21/2021- 2:40PM Batch: 00414.01.2021 `IT'r 01� Invoice No Description Amount Payment Date Acct Number Reference Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 1 ACH Enabled: False 6524530 TRASH COLLECTION @ RENTAL PROPERT 292.78 01/21/2021 4520-49300-62020 6526276 TRASH COLLECTION @ RENTAL PROPERT 129.65 01/21/2021 4520-49300-62020 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 1 Check Total: 422.43 / Vendor: Akerpoor AKER Doors, Inc. Check Sequence: 2 ACH Enabled: False 989393 01/06/21 SERVICE CALL 159.00 01/21/2021 0101-41930-63105 989699 Installation of LS Logic Board 250.40 01/21/2021 5100-48100-63105 Check Total: 409.40 Vendor: AnkCo0l Anoka Cc Treasurer Check Sequence: 3 ACH Enabled: False BB01042101 JAN -DEC 2021 CAC FIBER (SITE 8,10-12) 2,700.00 01/21/2021 0101-41920-62030 BE01042101 JAN -DEC 2021 CAC FIBER (SITE 8,10-12) 900.00 01/21/2021 010141910-62030 Check Total: 3,600.00 Vendor: AnkCo21 Anoka County - Vitals Check Sequence: 4 ACH Enabled: False Notary Renewal Brenda Fildes 20.00 01/21/2021 0101-41400-61320 Notary Renewal Dana Makinen 20.00 01/21/2021 0101-41230-61320 Check Total: 40.00 Vendor: CintasGK Cintas Corp - Cintas Loc #16K Check Sequence: 5 ACH Enabled: False 4071966583 VEH MAINT UNIFORMS 63.20 01/21/2021 6100-48800-62200 4071966870 PW MATS 35.75 01/21/2021 010141930-62200 4071967093 Uniform Cleaning 18.98 01/21/2021 510048100-61020 4071967093 Uniform Cleaning 56.91 01/21/2021 0101-45000-61020 4071967093 Uniform Cleaning 18.95 01/21/2021 610048800-61020 4071967093 Uniform Cleaning 37.94 01/21/2021 5200-48200-61020 4071967093 Uniform Cleaning 132.81 01/21/2021 010143100-61020 4071967093 Uniform Cleaning 18.98 01/21/2021 0101-43300-61020 4072544862 AFD 3X10 GPAYMAT 70.55 01/21/2021 0101-41920-62200 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 4072544874 VEH MAINT MATS 97.00 01/21/2021 6100-48800-62200 4072544918 Uniform Cleaning 56.91 01/21/2021 0101-45000-61020 4072544918 Uniform Cleaning 37.94 01/21/2021 5200-48200-61020 4072544918 Uniform Cleaning 18.95 01/21/2021 6100-48800-61020 4072544918 Uniform Cleaning 18.98 01/21/2021 0101-43300-61020 4072544918 Uniform Cleaning 18.98 01/21/2021 5100-48100-61020 4072544918 Uniform Cleaning 132.81 01/21/2021 0101-43100-61020 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 2 Check Total: 835.64 Vendor: CitwdPlu Citywide Plumbing, LLC Check Sequence: 6 ACH Enabled: False 6098 AF STATION#2 - REPLACE PRESSURE WAS. 328.00 01/21/2021 0101-41930-63105 Check Total: 328.00 Vendor: Cottons Cotten', Inc Check Sequence: 7 ACH Enabled: False 486556 Unit#564 66.99 01/21/2021 610048800-61115 Check Total: 66.99 Vendor: ECM ECM Publishers, Inc. Check Sequence: 8 ACH Enabled: False 813016 Mthly Recycling Program 260.00 01/21/2021 0101-46000-63025 813250 2021 BUDGET SUMMARY 90.00 01/21/2021 0101-41400-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 5100-48100-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 5200-48200-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 5300-48300-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 2110-46500-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 4140-49300-63025 813250 2021 BUDGET SUMMARY 30.00 01/21/2021 2130-44000-63025 814206 Mthly Recycling Program 260.00 01/21/2021 0101-46000-63025 Check Total: 790.00 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 9 ACH Enabled: False 128-Z08685 Supplies for Unit #205 295.58 01/21/2021 610048800-61115 Check Total: 295.58 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 10 ACH Enabled: False 202101 2021 ELECTRICAL INSPECTIONS 3,792.00 01/21/2021 010142300-63005 Check Total: 3,792.00 Vendor: HlthPDen Health Partners Check Sequence: I l ACH Enabled: False AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 102294817 February 2021 Premiums 3,152.25 01/21/2021 0101-00000-21208 102294817 February 2021 Premiums -1,065.26 01/21/2021 7100-00000-21218 102294817 February 2021 Premiums 155.27 01/21/2021 6200-48900-63010 102294817 February 2021 Premiums 69,768.91 01/21/2021 0101-00000-21206 102294817 February 2021 Premiums 223.25 01/21/2021 6200-48900-63005 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 3 Check Total: 72,234.42 Vendor: HighPlNw High Point Networks Check Sequence: 12 ACH Enabled: False 172171 NETWORKS DISASTER RECOVERY BACKI 503.00 01/21/2021 5100-48100-62305 172171 NETWORKS DISASTER RECOVERY BACKI 251.00 01/21/2021 2130-44000-62305 172171 NETWORKS DISASTER RECOVERY BACKI 3,064.00 01/21/2021 010141420-62305 172171 NETWORKS DISASTER RECOVERY BACKI 503.00 01/21/2021 520048200-62305 172171 NETWORKS DISASTER RECOVERY BACKI 251.00 01/21/2021 530048300-62305 - Check Total: 4,572.00 Vendor: InterBat Interstate All Battery Center Check Sequence: 13 ACH Enabled: False 1901201009181 6V 7AH HVY SPRING TOP LANTERN 11.96 01/21/2021 520048200-61005 Check Total: 11.96 Vendor: LMNCIT League of Minnesota Cities Check Sequence: 14 ACH Enabled: False 16873 Claim #451509 - Kerney 835.59 01/21/2021 620048900-62105 Check Total: 835.59 Vendor: LittleFa Little Falls Machine, Inc. Check Sequence: 15 ACH Enabled: False 360218 Unit#203 941.11 01/21/2021 610048800 -61115 - Check Total: 941.11 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 16 ACH Enabled: False P04581 Tools for Fire Dept 1,130.33 01/21/2021 010142200-61205 Check Total: 1,130.33 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 17 ACH Enabled: False P31820 Lift Latches 367.77 01/21/2021 6100-48800-61115 Check Total: 367.77 Vendor: McQuilBr McQuillan Brothers Check Sequence: 18 ACH Enabled: False 135684211 INCORRECT PERMIT ISSUED 72.00 01/21/2021 010142300-52190 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 72.00 Vendor: Menards Menards Inc Check Sequence: 19 ACH Enabled: False 42788 Supplies - Streets Dept. 21.87 01/21/2021 0101-43100-61020 42837 Supplies - Streets Dept. 19.32 01/21/2021 0101-43100-61020 Check Total: 41.19 Vendor: MetSales Metro Sales Incorporated Check Sequence: 20 ACH Enabled: False ATV1731172 RICOH&T 3554/C2503 COPIER -1ST QTR 288.54 01/21/2021 0101-41420-61020 EJV1731172 RICOH/MP 3554/C2503 COPIER -1ST QTR 454.00 01/21/2021 010142300-62305 INV1731172 RICOHAP3554/C2503 COPIER -1ST QTR 1,229.00 01/21/2021 0101-41420-62305 MV1731172 RICOH/MP 3554/C2503 COPIER -1ST QTR 440.00 01/21/2021 2130-4000-62305 INVI731172 RICOH/MP 3554/C2503 COPIER -1ST QTR 112.00 01/21/2021 0101-42200-62305 1NV1731173 RICOH/MP COLOR COPIER -1ST QTR 65.00 01/21/2021 5100-48100-62305 INVI731173 RICOHW COLOR COPIER -1ST QTR 39.27 01/21/2021 5100-48100-61005 Check Total: 2,627.81 Vendor: MNEquipa Minnesota Equipment Check Sequence: 21 ACH Enabled: False P38641 Supplies for Unit #09-589 335.35 01/21/2021 6100-48800-61115 P38841 Supplies for Unit#17587 326.27 0121/2021 6100-48800-61115 Check Total: 661.62 Vendor: MTIDist MTI Distributing Inc Check Sequence: 22 ACH Enabled: False 1287170-00 Supplies for Unit#14562 99.82 01/21/2021 6100-48800-61115 1287170-01 Actuator for 900450 508.60 01/21/2021 6100-48800-61115 1287247-00 Supplies for Unit#14562 1,032.96 01/21/2021 610048800-61115 1287404-00 Supplies for Unit#14562 540.25 01/21/2021 6100-48800-61115 Check Total: 2,181.63 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 23 ACH Enabled: False 3253-138646 Supplies - Spark Plug 12.98 01/212021 6100-48800-61020 3253-138835 Supplies for Unit#17587 73.38 01/21/2021 610048800-61115 3253-139189 Tools -Filter Wrench 7.49 01/21/2021 6100-48800-61205 Check Total: 93.85 Vendor: RepSvices Republic Services #899 Check Sequence: 24 ACH Enabled: False 0899-003656941 January 2021 Waste/Recycling 14,180.73 01/21/2021 0101-46000-63010 AP -Computer Check Proof List by Vendor (01/21/2021 - 2:40 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (01121/2021- 2:40 PM) Page 5 Check Total: 14,180.73 Vendor: RoyalTi Royal Tire Inc Check Sequence: 25 ACH Enabled: False 301-170804 UNIT #20595 310.00 01/21/2021 6100-48800-61115 Check Total: 310.00 Vendor: SignCmf Signcrafters Outdoors Check Sequence: 26 ACH Enabled: False 55083 MESSAGE BOARD REPAIR 2,012.50 01/21/2021 2110-46500-63010 Check Total: 2,012.50 Vendor: SmlthEr Smith Brothers Decorating Check Sequence: 27 ACH Enabled: False 27263 NESC SUPPLIES - WTP 164.39 01/21/2021 5100-48100-61120 Check Total: 164.39 Vendor: Verizon Verizon Wireless Check Sequence: 28 ACH Enabled: False 9870366160 STORM WATER PUMP - 13955 EAGLE ST M 27.04 01/21/2021 530048300-62030 9870366161 PARK TRAIL CAMS -HAWKRIDGE 50.04 01/21/2021 010145000-62030 Check Total: 77.08 Total for Cheek Run: 113,096.02 Total of Number of Checks: 28 AP -Computer Check Proof List by Vendor (01121/2021- 2:40 PM) Page 5 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 01/29/2021 - 8:51AM Batch: 00402.02.2021 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Ank000l Anoka Cc Treasurer Check Sequence: I ACH Enabled: False S210114A 2021 1st Qtr Law Enforcement Contract 821,761.50 02/02/2021 0101-42100-63010 Check Total: 821,761.50 Vendor: ChamSalt Champion Salt LLC Check Sequence: 2 ACH Enabled: False 9544 Bulk Treated Salt for Streets 20,103.56 12/31/2020 0101-43200-61125 9954 Bulk Treated Salt for Streets 2,075.69 02/02/2021 0101-43200-61125 9962 Bulk Treated Salt for Streets 15,170.58 12/31/2020 010143200-61125 Check Total: 37,349.83 Vendor: DresTmp Dresser Trap Rock, Inc. Check Sequence: 3 ACH Enabled: False 120123 1/8" Chips 10,645.61 02/02/2021 0101-43100-63300 Check Total: 10,645.61 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 4 ACH Enabled: False E00135 Fire Chassis Prepayment 353,642.00 02/02/2021 4214-49300-65400 Check Total: 353,642.00 Vendor: MauerMai Mauer Main Check Sequence: 5 ACH Enabled: False C23710 2021 Chev Silverado 1500 4WD 41,047.00 02/02/2021 4180-49300-65400 Check Total: 41,047.00 Vendor: Springbr Springbrook Software Inc. Check Sequence: 6 ACH Enabled: False INV -005229 2021 Software Maintenance 28,000.00 02/02/2021 0101-41400-62305 INV -005229 2021 Software Maintenance 4,500.00 02/02/2021 0101-41230-62305 Check Total: 32,500.00 AP -Computer Check Proof List by Vendor (01/29/2021 - 8:51 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 1,296,945.94 Total of Number of Checks: AP -Computer Check Proof List by Vendor (01/29/2021 - 8:51 AM) Page 2 A'�kb'y (D 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923vZWW.ANDOVERMN.GOV TO: Mayor and Councilmembers - CC: Jim Dickinson, City Administrator Joe Janish, Community Development FROM: Jake Griffiths, Associate Planner SUBJECT: Accept Dedication of Drainage and Utility Easements - 17295 Ward Lake Dr NW - John & Trudy Delich - Planning DATE: February 2, 2021 DISCUSSION As a requirement of an administrative lot split, City Staff are requiring drainage and utility easement to be dedicated across the floodplain at the subject property. The property owners have worked with the City Engineering Department and both parties are comfortable with the proposed easement boundaries. ACTION REQUESTED The City Council is requested to accept the easement and approve the attached Drainage and Utility Easement agreement. ectfully submitte , Jake Griffiths Associate Planner Attachments Drainage and Utility Easement Agreement PERMANENT DRAINAGE, AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, John Delich & Trudy Delich, a married couple (herein referred to as "Grantor"), hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation, (herein referred to as "Grantee"), a permanent easement for drainage, and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incidental thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: See Exhibit A attached hereto and made a part hereof. Said easement is further described and identified on the Easement Exhibit B attached hereto and made a part hereof. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary, and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction of improvements and maintenance of the easement and improvements. Grantor covenants that they are the owners of the easement area and have 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 John Delich & Trudy Delich, a married couple, have caused these presents to be signed by this_day of 2021. By: John Delich By: Trudy Delich Total Consideration: One and 00/100 Dollars ($1.00) State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021 by John Delich & Trudy Delich, a married couple. 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 2021, the above-described easement in this document. CITY OF ANDOVER Dated: 2021 By: THIS INSTRUMENT WAS DRAFTED BY: Berglund, Baumgartner, Kimball & Glaser, LLC 2140 4te Avenue N. Anoka, MN 55303 (763)427-8877 A permanent drainage and utility easement over, under and across that part of Government Lot 1, Section 2, Township 32, Range 24, Anoka County, Minnesota, lying northerly of the centerline of Ward Lake Drive and lying easterly of the following described line and its extensions: Commencing at the Southeast Comer of said Government Lot 1; thence South 89 degrees 35 minutes 40 seconds West, assumed bearing along the south line of said Government Lot 1, a distance of 306.20 feet to the centerline of Ward Lake Drive; thence North 75 degrees 02 minutes 56 seconds West along said centerline a distance of 30.17 feet; thence continuing along said centerline northwesterly 204.95 feet along a tangential curve concave to the southwest, said curve having a radius of 792.00 feet and a central angle of 14 degrees 49 minutes 37 seconds; thence continuing along said centerline North 89 degrees 52 minutes 33 second West tangent to the last described curve a distance of 160.85 to the point of beginning of the line to be described; thence North 14 degrees 48 minutes 37 seconds East 327.63 feet; thence North 00 degrees 15 minutes 06 seconds West 956.19 feet to the north line of said Government Lot 1 and said line terminating. Except that part of said Government Lot 1 as follows: Commencing at the Southeast Comer of said Government Lot 1; thence South 89 degrees 35 minutes 40 seconds West, assumed bearing along the south line of said Government Lot 1, a distance of 306.20 feet to the centerline of Ward Lake Drive; thence North 75 degrees 02 minutes 56 seconds West along said centerline a distance of 30.17 feet; thence continuing along said centerline northwesterly 204.95 feet along a tangential curve concave to the southwest, said curve having a radius of 792.00 feet and a central angle of 14 degrees 49 minutes 37 seconds to the point of beginning of the property to be described; thence North 51 degrees 55 minutes 14 seconds West 53.65 feet; thence North 24 degrees 50 minutes 20 seconds West 35.00 feet; thence North 16 degrees 58 minutes 31 seconds West 75.00 feet; thence South 70 degrees 15 minutes 14 seconds West 41.86 feet; thence North 14 degrees 48 minutes 37 seconds East 167.89 feet; thence South 72 degrees 06 minutes 24 seconds East 46.69 feet; thence South 13 degrees 28 minutes 19 seconds West 48.77 feet; thence South 20 degrees 29 minutes 07 seconds East 42.44 feet; thence North 85 degrees 35 minutes 11 seconds East 37.09 feet; thence North 48 degrees 14 minutes 07 seconds East 21.91 feet; thence South 78 degrees 51 minutes 48 seconds East 85.19 feet; thence South 50 degrees 48 minutes 56 seconds East 43.19 feet; thence South 10 degrees 49 minutes 28 seconds East 93.83 feet; thence South 00 degrees 36 minutes 43 seconds East 81.77 feet to said centerline; thence northwesterly along said previous described curve also being said centerline a distance of 162.68 feet with a central angle of 11 degrees 46 minutes 06 seconds to the point of beginning. EXHIBIT B 3i I� us a, w0 Centerline of Word Lake Drive N89'36'38"E Norte lie or Gov't Lot 1, 1037.65 Sec.2. T.32. R.24 JH ' TLWARD so m N Word Lake shoreline ' per aerial mapping SEE DETAI m r-7 ` Proposed Dralnoge & Utility Easement A 11 �iO,Y 1 SaOfhG.Vt Lot 1. 1 I, -160.85 ll 1tec.2, T.32, R24 PROPOSED EASEMENT DESCRIPTION: A permanent drainage and stilly eaeemenl over, under and across that port of government Lot 1. Seetlan 2, Township 32, Range 24, Anoka county, Minnesota, lying northerly of the centerline of Ward Love Drive and lying easterly of the following describetl line and its mRenaiane: Commencing of the Southeast Comer of said Govenmmt Let 1; N thence South 89 degrees 35 minutes 40 seconds West asumed Leading clang the tooth line of said Government Lot 1, a distance of 30550 feet to the centerline of Word Lake Drive; thence North 75 degrees 02 minutes 56 seconds West along said centerline a distance of 30.17 feet; thence continuing along said centerline northwuterly 204.95 feetalong a t.... Old surra concave to the \jac southwest id curve having radius of 79200 feet and a central angle of 14 degrees 49 minutes 37 secondee thence o n continuing along said centerline North 89 degrees 52 minutes 33 se e vent tangent mn ngenl e lase aalbea curve a erten" of 160.85 to the point of beginning of the line to be described; thence North 14 degrees 48 minutes 37 seconds East 327.63 feet; thence North 00 degrees 15 minutes 06 secontls West 1n 956.19 feel to the north line of add Government Lot I and sold line terminating. Except that part of said Government Lot 1 as fdloww p Gammen!, at the southeast Cerner of sold Government Lot 1; o thence South 69 degrees 35 minutes 40 dawned West, assumed bearing along the a th line of said Government Lot 1, a distance of 306.20 feel to the centering of Ward Lake Drive; thence North 3 75 degrees 02 minutes 56 seconds West along said centerline a N distance of 30.17 feet; thence continuing along sold centedlne n northwesterly 204.95 feel along a tangential curve consiew to the On aootheset, said carve moving a radius of 792.00 feel and a central angle of 14 degrees 49 minutes 37 sec"tls to the point z of beginning of the properly to be dexrNed; thence North 51 degrees 55 minutes 14 seconds Weal 53.66 feet; thence North 24 degrees 50 minute 20 seoonds West 35.00 feet; thence North 16 degrees 58 minutes 31 seconds West 75.00 feet; thence South 70 degrees 15 minutes 14 seconds West 41.86 feet; then" North 14 degrees 48 minutes 37 seconds East 167.89 feet; thence South 72 degrees 06 minutes 24 seconds East 0.69 feet; !hence South 13 degrees 28 minut. 19 seconds West 48.T feet; Y !Fames south 20 degrees 29 minutes 07 seconds East 42.44 feet: !Fence North 85 degrees 35 minutes 11 seconds East 37.09 feel; thence North 48 degrees 14 minutes 07 secantla East 21.91 feet: thence South 78 degrees 51 minute 48 seconds East 85.19 feet; -H thence South 50 degrees 0 minutes 55 seconds East 43.19 feet; 0 thence South 10 degrees 49 minutes 28 ..coed. East 93.0 feet; r thence South 00 degrees 36 minutes 43 seconds East 81.7 feet M to sold centerline; thence northwesterly along To previcm desermed curve also being sold cenle lke a skittles of 162.68 feet with a central angle of 11 degrees 46 minutes 06 seconds to the paint of beginning. 306_20, 9PP Ino o o' G) Qi yl S89'35'40"W Easement Exhibit torr \ k9 Ipa p o South line of 1b �y00a0�1 m 0; N Govt Lot 1, 1 µs Z I Sec.2, T.32, R.24 DESIRAE DELICH er 1 es saw enP ml p/v Proposed Drainage <5'694E & Utflity Easement some t' -8o' of/tea+ \Is� V'- .-OHWL=898.0\\\ ecu •°i N \ a' F- � `e 37.09 A3 B5 / N88'35'11"E \ fol 1\x , �i4 1 g54 W1 r a F�. INe 5'10'151 % �Nm CFA 1 w m I ' \ ow Tj0. 1 m N I 1 �raao ? -Centerline of Ward Lake Drive o , NDN\ I 1w \ N f7 I is � \ \ J�Si r � ^ n \14- im tc x \ 160.85 o��I L=162.68 p=11'46'06• ' 327.75 IAI A L)r A 1,1r- �r�Dn I,- r' L=204.95 r N89'52 N89'52'33"W vv nI \v L-/'l\L VI \I V L R=792.00 Scale �� d=iq'49'37e- 1 = 200' r DETAIL s^"r "+^^Y .n"r er,e a,rwr. ern > rroar..ae propareo or m. our iscue. my mr n aPemno. dna mat 1 am stir uem..a Prarernmm o sarw>or ata. tan of the stat. of Minnesota. 9PP Hakanson Anderson `y cite [nal sen dna Wna suns"� Easement Exhibit torr 1 Patin ffffl, pay o1 Ro7x1 us. xe. 4913. µs 3681 There c Av... 11 )63-42]�S B801nPA%I6h 33 ossa ,room..-me.nm DESIRAE DELICH er 1 es saw enP ml p/v 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 Harmer, Deputy City Clerk SUBJECT: Approve Massage Therapist License Renewal/15190 Bluebird Street NW, Suite 108 DATE: February 2, 2021 INTRODUCTION Catherine Danzl has applied for a Massage Therapist License for Healthyself Therapeutic Massage located at 15190 Bluebird Street NW, Suite 108. DISCUSSION Ms. Danzl has completed the application, paid the appropriate fee, and been approved by the Sheriff's Office. ACTION REQUIRED Council is requested to consider approval of a Massage Therapist License for Ms. Danzl for the period of February 3, 2021 through December 31, 2021. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: License Application 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Therapeutic Massage Therapist License Application Pursuant to City Code 3-6 the following information must be provided prior to approval: 1. Name of First Middle Last 2. Applicant's Date of Birth (must be 18 years old) 3. Telephone Number of Applicant ✓v - ate-- `. , 1.IN 4. Email Address of Applicant 5. Home Address of Applicant 6. I will be working as a massage therapist at: a Residential Home. Provide address & legal description of home a Business. Provide address of business �T 7. Number of years experience as a massage 8. Previous employment as a massage therapist (list name, address and position held: Ca 4. Description of any crime or other offense, including the time, place, date, and disposition for which the applicant has been arrested and convicted: Provide a statement as to whether the applicant has had any license denied, revoked or suspended in the City, of Andover or the State of Minnesota, the reason therefore, and the business activity or occupation of the applicant subsequent to such suspension, revocation or denial. (Attach separate sheet) Furnish proof of graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in -class, teacher supervised instruction of which no store than 200 hours shall be clinical training. Prior to consideration of the application an investigation shall be made by the county sheriff's department of all persons listed on the license applications. Please attach a copy: of yourdriver s license. Licenses expire on December 315E of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. G U(64 I-19-Zl Sigmtur of Applic Date ............................................ X% ... ............ .......a Massage Therapist Application Fee: $175.00 Annually (includes investigation fee) License 46AI- 000 Date Paid • a� Approve: Deny: ffice City Clerki Approve Deny City Council: Approve Deily 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 FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Used Vehicle Sales Business Licenses/16191 Round Lake Boulevard DATE: February 2, 2021 INTRODUCTION Cesar Avila, owner of Ceka Auto Sales LLC has applied for a Used Vehicle Sales Business License. James Henke, owner of Autos by James LLC has applied for a Used Vehicle Sales Business License. DISCUSSION The applicants will be tenants at the subject property and will operate a used vehicle sales business. The appropriate application fee has been paid. There are two other tenants at this location. ACTION REQUIRED The City Council is requested to approve the above licenses for the period February 3, 2021 through December 31, 2021. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License applications 0 C I T Y o. F NDa 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (793:) 755-5100 FAX (763) 755.8923 . WWW. AN DOVE RMN.GOV Used Vehicle Sales Business License Application 1t6ildired,Documents: • �Gontpieted App • vehicle Sales Is * ..�:couV ofGlxrrerri License, kl� Person Applying For —)/Middle First Name 1�) Middle Name �1 A Home Address r Last Nam41O laii city _ . _ a- . State , , % Zil- Home Phone -- Business Phone r z 2� �(�� " � y% e y Date of Birth: _rs License Ne Property Owner Information: / First Name WLY[4e–'MddleName Last.Name 4W Home Address 16 q N. l� ' ciGie City Ao d n /P_ ✓ State Home Phony Business Phone 743– If there are multiple property owners attach complete information for each owner. Business Information: City AW hmfm�State Zip 5 3e Minnesota Business ID No. % Y State of Minnesota Dealership License No. I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. The foregoing statements are true and correct to the best of my knowledge and belief and I understand that providing false, incomplete or inaccurate information may be cause for denial of my license. In addition, I understand the following: Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31st of each year. Payment of annual licensing fee shall be sufficient to renew license unless other action under the City Code is taken by the City. Lack of payment of annual liansine fee shall be cause for revocation of license. I underhta* thaq 4kkground check will be conducted as a part of the application process. I -1�5-- 20Z) Date 50 Day date 120 Day date S T A T E O F M I N N E S O T A Dealer License Certificate DEALER NUMBER: DLR39637 Name: DSA: Address: Additional Loc: CEKA AUTO SALES LLC 16191 ROUND LK BLVD NW #IC ANDOVER MN 55304 Owners/Officers: CESAR G AVILA KERLY R R REYES EXPIRATION: APRIL 30, 2021 Dealer Type: USED Franchise(s): h' a ervices 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER*M.INN�ESOTA 55304 (763) 755-5100 FAX (763) 755-8923 • WWWiAND6V£RMN.GOV Used Vehicle Sales Business License Application Required Documents: ,r Completed Application Form Vehicle Sales License Fee: $105.00 f Copy of Current Photo Identification Copy of State Dealers License Workers Compensation Form r/ Completed Minnesota Vehicle Dealer License Commercial Location Checklist e -- Copy Copy of Verification of Property Lease/ Person Applying For License: First Name jayKe y Middle Name flabee F Last Name h{ *Ice L Home Address _ City. Home Phone Date of Birth: Property Owner Information: Email State _ Drivers License Nc First Name iitceK Middle Name Zip less Phone /J A/7 — M!? Last Name�'HS,0," Home Address 14!51 sowxj Lk U44 1V►d Email City kJ -,ye ^ State 140 zip ,;:r3o/. Home Phone Business Phone If there are multiple property owners attach complete information for each owner. Business Information: Business Name 1A Business Address X111 Ro.o1 [%( 6104 &V Email City As,y✓t State J/iJ Zip �•� 3Q Minnesota Business ID No. State of Minnesota Dealership License No. Q L iZ 40518• I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. The foregoing statements are true and correct to the best of my knowledge and belief and I understand that providing false, incomplete or inaccurate information may be cause for denial of my license. In addition, I understand the following: Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31" of each year. Payment of annual licensing fee shall be sufficient to renew license unless other action under the City Code is taken by the City. Lack of payment of annual licensing fee shall be cause for revocation of license. I understa id=t�a;•a-background check will be•gonducted as a part of the applicopn process. /,gnaiij q t 60 Day date ZAW v Date t 4 120 Day date ! h 1 sao a. ,`08;x, .'F x'•.•RlSE;: ,:.i C I,: r• {. `9 _ ' j . ') al.,45tir } � • Alcohol and Gambling Enforcement Bureau of Criminal Apprehension Driver and Vehicle Services Emergency Communication Networks Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Pipeline Safety Office of Traffic Safety State Fire Marshall Driver and Vehicle Services 445 Minnesota Street, St. Paul, Minnesota 55101 Phone: 651/201-7800 TTY: 651/282-6555 Website: dvsAps.mn.gov 11/9/2020 AREA SP AUTOS BY JAMES LLC 16191 ROUND LAKE BLVD NW STE A ANDOVER, MN 55304 Re: Acquiring 21 -Day Temporary Permits, Reassignment forms, Secured Power of Attorney forms, As Is Warranty Stickers and Purchase Contracts, and Applications to Title/register a Motor Vehicle. The DEALER GUIDE, TRANSFER GUIDE & Other motor vehicle forms can be obtained from our web site dvs.dps.mn.gov Dear Dealer: You have been issued a temporary motor vehicle dealer license number DT40518. If you have been issued either a NEW or USED LICENSE you are eligible to acquire and issue 21 -day Temporary Residential Permits. When a vehicle has been sold to a Minnesota resident and there is no current registration on the vehicle a 21 -day Temporary Permit may be issued by the selling dealer provided that the dealer has collected the applicable registration fees from the buyer and has documented that fact on the purchase contract. This permit is honored as valid registration while plates/stickers are being obtained and delivered to the buyer by the selling dealer. They are available for purchase by contacting either: Minnesota Automobile Dealers Association (MADA) 200 Lothenbach Ave W. St Paul, MN 55118 Phone (651) 291-2400 or; Northland Independent Auto Dealers Association 850 East Cliff Road Burnsville, MN 55337 Phone(952)894-1766 Dealer #: DT405I8 Type: USED Expires: 2/9/2021 Owners/ JAMES ROBERT HENKEL Officers NO EMPLOYEES lc No. wo�LC5 CvMp _ AUTOS BY JAMES LLC 16191 ROUND LAKE BLVD NW STE A ANDOVER, MN 55304 Makes: Bond Co: ATLANTIC SPECIALTY INS Bond number: 810006943 Term: CONTIN Liability Cc: EMC INSURANCE CO Policy number: 6X26697 EQUAL OPPORTUNITY EMPLOYER TT Y TO F )OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • VtWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City David D. Berkowitz, Director of Order Improvement/Order Plans & Painting - Engineering February 2, 2021 Engineer 1-25/Tower #2 Reconditioning & INTRODUCTION The City Council is requested to approve the resolution ordering improvement and directing preparation of plans and specifications for the improvement of Project 21-25, Tower 42 Reconditioning & Painting. DISCUSSION Water Tower 92 (Tower #2) located on the City Campus next to City Hall is in need of reconditioning and repainting. As you may have noticed the northeast side of the bowl is showing rust coming through and there is deterioration beginning in the inside of the bowl. City staff will work with KLM Engineering on the design. KLM, who conducted an extensive evaluation of Tower #2 in 2020 has good understanding and knowledge of the current condition and the work that is needed for reconditioning. Reconditioning and painting of the Tower with the current protective coatings has a design life of 20-25 years with only minor maintenance required during that time. The design will be completed in 2021 with the project being bid in late fall of 2021. Work on the Tower will begin in the spring of 2022. BUDGETIMPACT The design for this project is identified in the City's 2021-2025 Capital Improvement Plan for 2021 (budget $15,000) with the reconditioning and painting work to occur in the spring of 2022 (budget $1,655,000). The entire project will be funded through the Water Tunk Fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering improvement and directing preparation of plans and specifications for the improvement of Project 21-25, Tower #2 Reconditioning & Painting. Res ectfully submitted, David D. Berkowitz Attachments: Resolution / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 21-25 FOR TOWER #2 RECONDITIONING & PAINTING. WHEREAS the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Tower #2 Reconditioning & Painting, Project 21-25; and BE IT FURTHER RESOLVED by the City Council to hereby direct KLM Engineering Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of February , 2021 , with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner— Deputy City Clerk voting 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 Publi W s/City Engineer SUBJECT: Approve Plans & Specs/Order Adve ment for Bids/21-17/2021 Mill & Overlay/SE Corner of City - Engineering DATE: February 2, 2021 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 21-17, 2021 Mill & Overlay/SE Corner of City. DISCUSSION Identified in the City's 2021-2025 Capital Improvement Plan is a mill and overlay of the streets in the southeast corner of the City (see attached map). The surface of the streets in this area has been striping, and a mill and overlay is the best course of action to correct this deterioration. The project includes milling off the existing bituminous wearing course and paving a new bituminous wearing course over the existing roadway and replacing some sections of concrete curb and gutter that has settled or has deteriorated. While the road is under construction, water main valves will be exposed and replacements made to bolts that are not stainless steel as the City has experienced valve failures and leaks in water main valves of similar age. It is anticipated this project will extend the life of the roadway another 15+ years before a full reconstruction would be considered. Letters were sent to all impacted property owners describing the proposed improvements and estimated assessment rate and a public hearing for the project was held at the Regular Scheduled City Council meeting on January 19, 2021. Plans and specifications are available in the City Engineer's office for review. BUDGETIMPACT The project will be funded from the City's Road & Bridge Fund. Twenty-five percent (25%) of the total project costs for the street improvements will be assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. All costs associated with replacement of water main valve bolts will be funded by the Trunk Water Fund. ACTION REQUIRED The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 21-17, 2021 Mill & Overlay/SE Corner of City. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Project Location Map✓ 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. 21-17,2021 MILL & OVERLAY/SE CORNER OF CITY. WHEREAS, pursuant to Resolution No. 009-21, adopted by the City Council on the 19th day of January 2021, the City Engineer has prepared final plans and specifications for Project No. 21-17, WHEREAS such final plans and specifications were presented to the City Council for their review on the 2nd day of February 2021. 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 am I March 4th , 2021 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of February 2021, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner — Deputy City Clerk voting 1 ■ 1AKbb^ (QD ■ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato FROM: Lee Brezinka, Finance Manager SUBJECT: Declare Surplus Equipment DATE: February 2, 2021 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the disposal or sale of these items through a State of Minnesota authorized process immediately or once the replacement item is put into service. • 2004 Chevrolet Colorado pickup. • 2004 Chevrolet Colorado pickup • 1994 Cushman Field Dresser • 1993 Tandem Axle Trailer DISCUSSION These items are no longer in use, outdated, and/or have been (will be) replaced and no longer needed by staff. BUDGETIMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUESTED Staff is recommending that the City Council declare all items as surplus property and authorize the disposal or sale through a State of Minnesota authorized process. Respectfully submitted, Lee Brezinka C I T Y 0 F W A&Db 06 AVYE ISM 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 Administr�\�` n /1 Joe Janish, Community Develop t irectori `1 FROM: Jake Griffiths, Associate Planner SUBJECT: Consider Repealing City Code 9-8: Rental Housing Dwellings and City Code 9-9: Housing Maintenance Code and Consider Approving Property Maintenance Code Amendments - Planning DATE: February 2, 2021 DISCUSSION At the January 26, 2021 City Council Workshop, the City Council was presented with a draft version of various amendments to the City's property maintenance code which included sections regarding rental and sober housing dwellings. After a brief discussion, the Council's direction was to move forward with the proposed amendments. City staff will notify license holders of the amendments through the license renewal notification process, and any existing rental licenses will need to comply with the amendments at the time of license renewal. A summary of the proposed major changes is attached for your review. ACTION REQUESTED The City Council is requested to consider the following actions in the order presented below: 1. Consider Approving Ordinance Repealing City Code Title 9, Chapter 8: Rental Housing Dwellings and City Code Title 9, Chapter 9: Housing Maintenance Code and Ordaining City Code Title 9, Chapter 8: Property Maintenance Standards. 2. Consider Approving Amendments to City Code 1-7-3: Permit Fees, Service Charges, and Penalties. Consider Approving Summary Ordinance for Publication tfully submitted, ake Griffiths Associate Plann Attachments Ordinance Repealing City Code Title 9, Section 8: Rental Housing Dwellings and City Code Title 9, Section 9: Housing Maintenance Code and Ordinance City Code Title 9, Chapter 8: Property Maintenance Standards Ordinance Amending City Code 1-7-3: Permit Fees, Service Charges, and Penalties. Summary Ordinance for Publication Summary of Major Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX AN ORDINANCE REPEALLING CITY CODE TITLE 9, CHAPTER 8: RENTAL HOUSING DWELLINGS AND CITY CODE TITLE 9, CHAPTER 9: HOUSING MAINTENANCE CODE AND ORDAINING CITY CODE TITLE 9, BUILDING REGULATIONS, CHAPTER 8: PROPERTY MAINTENANCE STANDARDS PROPERTY MAINTENANCE STANDARDS ARTICLE A. IN GENERAL SECTION: 9-8A-1: Purpose and Scope 9-8A-2: Definitions 9-8A-3: Responsibilities of Owners and Occupants 9-8A-4: Minimum Standards for Basic Equipment and Facilities 9-8A-5: Stairways, Porches and Balconies 9-8A-6: Access to Dwelling Units 9-8A-7: Door Locks 9-8A-8: Minimum Standards for Light and Ventilation 9-8A-9: Minimum Thermal Standards 9-8A-10: General Requirements 9-8A-11: Construction Standards 9-8A-12: Maximum Density, Minimum Space for Rental Units 9-8A-13: Enforcement and Inspection Authority 9-8A-14: Inspection Access 9-8A-15: Unfit for Human Habitation 9-8A-16: Secure Unfit and Vacant Dwellings 9-8A-17: Hazardous Building Declaration 9-8A-18: Compliance Order 9-8A-19: Right to Appeal 9-8A-20: City Council's Decision 9-8A-21: Restriction on Transfer of Ownership 9-8A-22: Penalties 9-8A-23: Execution of Compliance Orders of Public Authority 9-8A-1: PURPOSE AND SCOPE A. Purpose: The purpose of this Chapter is to protect the health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: To establish the minimum regulations governing the conditions and maintenance of all property, buildings, and structures within the City; 2. To protect the character and stability of residential areas within the City; 3. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health of the people of the City; 4. To provide standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; 5. To prevent the overcrowding of dwellings; 6. To provide standards for the maintenance of existing residential buildings and accessory structures and to thus prevent substandard housing and blight; 7. To preserve the value of land and buildings throughout the City. With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to involve itself in rent disputes, nor to act as an arbitrator, nor to hear complaints from the tenant or landlord which are not specifically and clearly relevant to the provisions of this Chapter. B. Scope: The provisions of this code shall apply to all existing residential and non-residential structures and all existing premises. This Chapter shall constitute the minimum standards for premises, structures, and facilities for light, ventilation, life safety, safety from fire, and other hazards and for safe and sanitary maintenance. 9-8A-2: DEFINITIONS: The definitions contained in Section 12-2-2 of this Code apply herein. Additionally, the following definitions shall apply in the interpretation and enforcement of this Chapter. In the event of a conflict between the definitions contained in Section 12-2-2 and this Section, the definitions contained in this Section shall control. ACCESSORY USE OR STRUCTURES: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto which is not used for living or sleeping by human occupants. ANDOVER BUILDING CODE: The Minnesota State Building Code, International Building Code (IBC) and International Residential Code (IRC) as may be adopted by the City. BUILDING: Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. BUILDING OFFICIAL: The designated agent authorized by the City Council to administer and enforce this chapter. DWELLING: A building, or one or more portions thereof, occupied or intended to be occupied for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. DWELLING UNIT: A single-family dwelling or unit designed to accommodate one family. DUPLEX: A building, as referred to as a multi -family dwelling, designed as a single structure, containing two separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family on one lot. FAMILY: A. An individual or two (2) or more persons related by blood, marriage or adoption living together; or B. A group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants. GARBAGE: Animal and vegetable waste resulting from the handling, preparation, cooking, marketing or processing of food, or the non -consumed waste resulting from animals or humans consuming food. HABITABLE BUILDING: Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM: A room with enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops, and hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER: Water heated to a temperature of not less than one hundred ten degrees Fahrenheit (110°F), or such lesser temperature required by government authority, measured at faucet outlet. KITCHEN: A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. LEASE: A written or oral agreement to rent. For use as a verb, see rent. LET: To lease a premises or any portion thereof. MAINTENANCE: Upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. MULTIPLE -FAMILY DWELLING: A dwelling or portion thereof containing two (2) or more dwelling units. OCCUPANT: Any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. OPERATE: To charge rent for the use of a unit in a rooming unit. OPERATOR: The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, have charge of, care of, or control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as the owner. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in a dwelling unit or rooming unit. PERSON: An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES: A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way, either occupied or unoccupied by any dwelling or non -dwelling structure, including such building or accessory structure. PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. REFUSE: Personal leavings, trash, garbage. RENT: Consideration paid for the use of premises, including, but not limited to, money, services and property. As a verb, the term "rent' means to receive or allow the use of premises in return for such consideration or any combination thereof. The term "rent' does not include arrangements whereby a relative occupies a dwelling and which arrangement is detailed and sworn to in affidavits filed by each adult occupant of the dwelling and each person who is an owner of the dwelling. RENTAL DWELLING: Any dwelling unit(s) let. Single family residential properties occupied by a relative shall not be considered a rental dwelling. REPAIR: The construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. RODENT HARBORAGE: A place where rodents commonly live, nest, or establish their habitat. ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or diseases. SUBSTANDARD DWELLING: Any dwelling that does not conform to the minimum standards established by City ordinances. SUPPLIED: Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. WATER CLOSET: A toilet with a bowl and trap made in one piece, that is connected to the City water and sewer system or other approved water supply and sewer system. 9-8A-3: RESPONSIBILITIES OF OWNERS AND OCCUPANTS: No owner or other person shall occupy or let to another person any dwelling, dwelling unit, rooming unit, building, or structure unless it and the premises are fit for human occupancy and comply with all appropriate legal requirements of the State of Minnesota, and the City of Andover as set forth specifically in the following subsections: A. Maintenance of Shared or Public Areas: Every owner of a dwelling containing two (2) or more dwelling units shall maintain or shall provide for maintenance of the shared public areas of the dwelling and premises thereof. B. Housekeeping of Occupied Areas: Every occupant of a dwelling, dwelling unit, or rooming unit shall properly housekeep that part of the dwelling, dwelling unit, and premises thereof that he/she occupies and controls. C. Storage and Disposal of Refuse: Every occupant of a dwelling, dwelling unit, rooming unit, building or structure shall store and dispose of all his/her refuse and garbage and any other organic waste which might provide food for insects, rodents and/or vermin as required by Title 4 of this Code. 2. Every owner of a multiple -family dwelling shall supply facilities for the storage and/or disposal of refuse and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by City ordinance. D. Responsibility for Storage and Disposal of Garbage and Refuse: Every owner of a multiple -family dwelling shall supply facilities for the storage and/or disposal of refuse, garbage, and recycling materials. All garbage, waste material, debris, and recyclables shall be kept in an enclosed building or contained in a closed container designed for such purposes. Owners shall provide for refuse enclosures to screen all containers that are visible from a public street or alley. Such enclosure shall have a concrete floor base. Gates may not be required if properly oriented on the site. The design of such enclosures shall be reviewed and approved by City staff prior to issuing a building permit. Provisions for storage and disposal of garbage and refuse consistent with this chapter must be provided for multifamily buildings upon obtaining a building permit costing more than $5,000.00. In the case of single-family dwellings, it shall be the responsibility of the occupant to adequately provide for the storage and disposal of garbage and refuse. E. Responsibility for the Storm and Screen Doors and Windows: The owner of any dwelling unit shall be responsible for providing, maintain and hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this ordinance. F. Responsibility for Pest Extermination: Every occupant of a single- family dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested, except when infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent -proof condition; then, extermination shall be the responsibility of the owner. When infestation exists in two or more of the dwelling units in any building or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. G. Rodent Harborage Prohibited in Occupied Areas: No occupant of a dwelling shall accumulate boxes, firewood, lumber, scrap metal, or any other similar materials in such a manner that may provide rodent harborage in or about any dwelling. Outside stored materials shall be stacked neatly in piles at least four inches off bare soil or ground. H. Rodent Harborage Prohibited in Public Areas: No owner or occupant of a dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least four inches above bare soil or ground. Prevention of Food for Rodents: No owner or occupant of a dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. J. Maintenance of Plumbing Fixtures and Facilities: The owner of a dwelling unit, rooming unit, building or structure shall maintain all supplied plumbing fixtures and facilities therein in good working order. K. Minimum Heating Capability and Maintenance: In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a room temperature of at least 68 degrees Fahrenheit shall be maintained from October 15th through April 15th. L. Removal of Snow and Ice: The owner of any building or structure shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises, as well as from abutting sidewalks. The owner of any building or structure shall additionally be responsible for ice control measures. Individual snowfalls of three inches or more or successive snowfall accumulations to a depth of three inches shall be removed from walkways, steps and public sidewalks within 48 hours after cessation of the snowfall. The City's policy to assist in snow removal does not exempt any property owner from meeting these requirements. M. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible to provide and maintain effective illumination in all exterior parking areas and walkways. N. Maintenance of Driveway and Parking Areas. The owner of a multiple -family dwelling or dwellings shall be responsible to provide and maintain in good condition paved and delineated parking areas and driveways for tenants. Each driveway and parking area on any multiple -family property existing on or before October 21, 1970 shall be paved with asphalt, concrete, brick, or similar dust -free surface at such time as a building permit may be taken for either remodeling or improvements costing more than $5,000.00. 9-8A-4: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES: No person shall occupy, rent or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking, and eating therein which does not provide the following: A. Kitchen Sink: A sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per Andover City Code. B. Food Storage: Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not require refrigeration for safekeeping and a counter or table for food preparation. The cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. C. Stove and Refrigerator: A stove for cooking food and a refrigerator for the safe storage of food at or below forty (40) degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Such stove and refrigerator need not be installed when a dwelling unit is not occupied or when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of the stove and refrigerator must be provided. D. Toilet Facilities: Within every dwelling unit there shall be a non - habitable room which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and all shall be connected to a sewer system in compliance with Andover City Code. E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. The sink may be in the same room as the flush water closet, but if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to a sewer system which complies with Andover City Code. F. Bathtub or Shower: Within every dwelling unit there shall be a non - habitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to a sewer system which complies with Andover City Code. 9-8A-5: STAIRWAYS, PORCHES AND BALCONIES: The owner shall keep every stairway, inside or outside of a building, and every porch or balcony in safe condition and sound repair, including but not limited to the following: stairs and handrails; every porch, balcony, or deck which is 30 inches or more above grade shall have a guardrail; every handrail and guardrail shall be firmly fastened and maintained in good condition; no flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard; no flight of stairs shall have rotting, loose, or deteriorating support; excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height; stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. 9-8A-6: ACCESS TO DWELLING UNITS: Access or egress from each dwelling unit shall be provided without passing through any other dwelling unit. 9-8A-7: DOOR LOCKS: No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: A. Building Access: For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple -family dwellings with common areas, an approved security system shall be maintained for each multiple -family building to control access. The security system shall consist of locking building entrance or foyer doors, and locked door leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with locking devices on the outside of the building entrance doors. Building entrance door latches shall be of a type that are permanently locked. B. Unit Access: Every door that provides ingress or egress for a dwelling unit within a multiple -family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. C. Existing Buildings: All multiple -family dwellings in existence prior to April 21, 1992, which were not previously required to have an approved security system. Shall not be subject to the requirements of Subsection A of this section. 9-8A-8: MINIMUM STANDARDS FOR LIGHT AND VENTILATION: No person shall occupy as owner, occupant or let to another for occupancy any dwelling or rooming unit which does not comply the following requirements: A. Habitable Room Ventilation: Except where there is supplied some other device affording ventilation and approved by the Building Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. B. Electric Service, Outlets, and Fixtures. Every dwelling and rooming unit and all public and common areas shall be supplied with electric service, functioning over -current protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by ordinances, rules, and regulations of the City of Andover and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. A dwelling containing one or two dwelling units shall have at least the equivalent of 100 ampere, three -wire electric service per dwelling unit. 2. Every habitable room shall contain at least one (1) electrical convenience outlet. 3. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one (1) supplied ceiling -type or wall -type electric convenience outlet. 4. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot candles of illumination of all parts thereof at all times by means of properly located electric light fixtures; provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one-tenth (1/10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provide adequate natural light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot candles of illumination on all parts thereof, which may be turned on when needed. 5. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. 9-8A-9: MINIMAL THERMAL STANDARDS: A. No person shall occupy as owner or let to another for occupancy any dwelling or rooming unit, for the purpose of living therein which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a room temperature of at least 68 degrees Fahrenheit to be maintained from October 15th through April 15th. B. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. C. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. D. No owner or occupant shall install, operate, or use a space heater employing a flame that is not vented outside the structure in an approved manner. 9-8A-10: GENERAL REQUIREMENTS: No person shall occupy as owner, occupant or let to another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements: A. Foundations, Exterior Walls, and Roofs: The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or lacks protective coating or is determined by the Building Official to be deteriorated, the surface shall have a protective covering applied. If the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out, the surface shall be repaired. B. Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be substantially tight and shall be kept in repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. C. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding, or rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. D. Rodent Proof: Buildings found to be rodent infested shall be made rodent resistant. All opening in the exterior walls, foundations, basements, ground, or first floors, and roofs which have 1/4" diameter or larger openings shall be rodent proofed in an approved manner. Interior floors or basements, cellars, and other areas in contact with the soil shall be paved with concrete or other rodent - impervious material. E. Fence Maintenance: All fences supplied by the owner on the premises and all fences erected by an occupant on the premises shall consist of metal, wood, masonry, or other decay -resistant material. Fences shall be maintained in good condition. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. F. Accessory Structure Maintenance: Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay -resistant materials such as paint or other preservatives. G. Safe Building Elements: Every foundation, roof, floor exterior and interior wall, ceiling, inside and outside stair, porch and balcony, and appurtenance thereto shall be safe to use and capable of supporting normal structural loads. H. Facilities to Function: All equipment or utilities required under City ordinances and every chimney and flue shall function effectively in a safe and working condition. Grading and Drainage: Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Yard Cover: Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. 9-8A-11: CONSTRUCTION STANDARDS: All new construction and repair/renovation of existing structures within the City shall conform to the Minnesota State Building Code as the building code for the City. 9-8A-12: MAXIMUM DENSITY, MINIMUM SPACE, FOR RENTAL UNITS: No person shall permit or let to be occupied any rental dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements: A. Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling or rooming unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling or rooming unit. B. One Family Per Dwelling Unit. Not more than one family, except for temporary guests, shall occupy a dwelling unit. 9-8A-13: ENFORCEMENT AND INSPECTION AUTHORITY: A. The Building Official or his/her designee shall administer and enforce the provisions of this Chapter. Inspections shall be conducted during reasonable hours and the City Administrator or his/her designee shall present evidence of his/her official capacity to the owner or occupant in charge of the property. B. The identities of individuals who register complaints with the City concerning violations of State law or local ordinance concerning the use of real property shall be classified as confidential data pursuant to Minnesota Statutes, Section 13.03, Subd. 3., which states that such data is not public and is not accessible to the individual subject of the data. All other code violation records pertaining to a particular parcel of real property and the buildings, improvements, and dwelling units located on that property that are kept by the City shall be public data unless collected as part of an active civil investigation or legal action pursuant to Minnesota Statutes Section 13.99, or collected as part of an active criminal investigation pursuant to Minnesota Statutes Section 13.82, Subd. 7. 9-8A-14: INSPECTION ACCESS: If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, multiple dwelling or building fails or refuses to permit free access and entry to the structure or premises under his/her control, or any part thereof for purpose of an inspection authorized by this chapter, the City Administrator or his/her designee may petition the court for an order for such inspection. 9-8A-15: UNFIT FOR HUMAN HABITATION: A. Any dwelling, dwelling unit, rooming unit, building or portion thereof which is damaged, decayed, dilapidated, moldy, unsanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation, or sanitation facilities, or has been used for the clandestine manufacture of illegal substances, to the extent that the conditions of the dwelling, dwelling unit, rooming unit, building or portion thereof poses a hazard to the health, safety, or welfare of the occupants or to the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, rooming unit, or building has been declared unfit, the City Administrator of his/her designee shall order the same vacated within a reasonable time and shall post a placard on the same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. B. It shall be unlawful for such dwelling, dwelling unit, or rooming unit, or portion thereof, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Official or his/her designee. No person other than the Building Official or his/her designee shall deface or remove the declaration placard from any such dwelling unit. 9-8A-16: SECURE UNFIT AND VACANT DWELLINGS: The owner of any dwelling, dwelling unit, rooming unit or building which has been declared unfit for human habitation or which is otherwise vacant for a period of sixty (60) days or more shall immediately make the same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and is a public nuisance within the meaning of this ordinance. 9-8A-17: HAZARDOUS BUILDING DECLARATION: In the event that a dwelling, dwelling unit, rooming unit or building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed, or corrected pursuant to the provisions of Minnesota Statutes. 9-8A-18: COMPLIANCE ORDER: Whenever the City Administrator or his/her designee determines that any dwelling, dwelling unit, or rooming unit, or portion thereof, is in violation of this or any other ordinance, he/she may issue a Compliance Order according to the City of Andover Code Violation Procedure. 9-8A-19: RIGHT TO APPEAL: Any person who believes that a compliance order issued under this chapter is based upon erroneous interpretation of this chapter, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, and must be accompanied by a filing fee as determined by the City Council and be submitted to the City Administrator within ten (10) business days after service of the Compliance Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health, or property. 9-8A-20: CITY COUNCIL'S DECISION: Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within thirty (30) days after appeal is filed, the City Council shall hold a hearing thereon at which the City Council shall dismiss, modify or affirm the order in whole or in part. 9-8A-21: RESTRICTION ON TRANSFER OF OWNERSHIP: It shall be unlawful for the owner of any dwelling, dwelling unit, rooming unit, or building upon whom a pending Compliance Order has been served to sell, transfer, mortgage, or lease, or otherwise dispose thereof to another person until the provisions of the Compliance Order have been complied with, unless such owner shall furnish to grantee, lessee, or mortgagee a true copy of any notice of violation or Compliance Order and shall obtain and possess a receipt of acknowledgment. Anyone with an interest in the dwelling, dwelling unit, rooming unit, or building who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him/her and shall be liable for all penalties and procedures provided by this ordinance. 9-8A-22: PENALTIES: Any person who fails to comply with a Compliance Order after a right of appeal has expired and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction thereof, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 9-8A-23: EXECUTION OF COMPLIANCE ORDERS OF PUBLIC AUTHORITY: Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, for any of the reasons set forth in Minnesota Statutes, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize Minnesota Statutes to promote the public's health, safety, and general welfare. CHAPTER 8 PROPERTY MAINTENANCE STANDARDS ARTICLE B. RENTAL LICENSING Section: 9-813-1: Purpose and Intent 9-813-2: Definitions 9-813-3: License Required 9-813-4: Application for Licensing 9-813-5: Agent Required 9-813-6: Initial License Issuance 9-813-7: Renewal of License 9-813-8: Transfer of License 9-813-9: Inspections of Dwellings 9-813-10: License Suspension, Revocation, Denial and Non -Renewal 9-86-11: Display of License 9-813-12: Fees 9-813-13: Conditions of License Issuance 9-86-14: Disorderly Conduct and Nuisance Police Calls for Service 9-813-15: Trash Removal for Rental Properties 9-813-16: No Retaliation 9-813-17: Summary Action 9-813-18: Severability Clause 9-813-19: Violations and Penalties 9-813-1: PURPOSE AND INTENT: The operation of rental residential properties is a business enterprise that gives rise to certain opportunities. Operators are responsible to take reasonable steps, as may be necessary, to assure that the citizens of the City who occupy such units, and those residing near such units, may pursue the quiet enjoyment of the normal activities of life in surroundings that are: (1) Safe, secure and sanitary; (2) Free from crimes and criminal activity, noise, nuisances or annoyances; and (3) Free from reasonable fears about safety of persons and security of property. Further, it is the intent of this Article to regulate and provide for the inspections of rental housing to assure that such housing does not become a nuisance or blight to the neighborhood and does not create a disincentive to investment in the community. This Article establishes standards that are applicable to all rental dwellings in the City. It does not apply to the portion of a rental dwelling that is occupied by a personal owner or relatives of the personal owner. Finally, the City Council finds that repeated police calls to certain rental dwellings in the City occupied by persons with criminal histories have taxed law enforcement resources. The City Council also finds that persons residing in rental dwellings who engage in disorderly conduct or cause nuisance conditions create a hostile environment for others living in close proximity, thereby threatening the public safety. In order to preserve and protect the City's neighborhoods and to promote public safety, the City Council enacts a Crime Free Rental Program into the City Code. Any licenses issued by the City of Andover prior to the adoption of this Ordinance shall comply with the requirements listed herein at the time of next license renewal and shall still comply with the terms in which the licensed was originally issued until renewal occurs. 9-813-2: DEFINITIONS: The following definitions, and those contained in Article I will be used in interpreting and enforcing this Article. Agent: A person designated by the Owner of a rental property to act on behalf of the Owner. City: The City of Andover, Minnesota. Disorderly Conduct: For the purposes of this section, disorderly conduct may include, but is not limited to the following: 1. Drug related illegal activity 2. Acts of violence or threats of violence including but not limited to, discharge of firearms, intimidation or any other act that otherwise jeopardizes the health, safety, or welfare of the owner, manager, agent, other tenants, tenant's family members, guests or neighboring property owners. 3. Creating, or allowing to continue, any hazardous or physically offensive condition which serves no legitimate purpose. 4. Repeated unfounded calls to police. 5. Violation of M.S. § 609.72 (Disorderly conduct), as it may be amended from time to time. 6. Violation of M.S. §§ 609.66, subd.1a, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon), as they may be amended from time to time. 7. Violation of M.S. § 609.50 (Obstructing legal process), as it may be amended from time to time. 8. Violation of M.S. § 609.74 and 609.745 (Public nuisance), as they may be amended from time to time. 9. Violation of M.S. § 145A.02, subd. 17 (Public health nuisance), as it may be amended from time to time. 10. Violation of M.S. § 609.321, 609.322, and 609.324, (Solicitation, inducement, and promotion of prostitution, housing individuals engaged in prostitution) as they may be amended from time to time. 11. Violation of M.S. § 609.282, 609.283, 609.284, (Labor and sex trafficking crimes), as they may be amended from time to time. 12. Violation of M.S. § 609.33, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house. 13. Violation of M.S. § 609.713, (Threats of violence), as they may be amended from time to time. 14. Violation of M.S. § 609.715, (Unlawful Assembly), as it may be amended from time to time. 15. Violation of M.S. § 609.71, (Riot), as it may be amended from time to time. 16. Violation of Title 5, Chapter 1 of the Andover City Code pertaining to restrictions on animals. 17. Violation of Title 5, Chapter 6 of the Andover City Code (Noise Control). 18. Violation of Title 5, Chapter 4 of the Andover City Code (Weapons). 19. The unlawful sale of liquor Drug Related Illegal Activity: Means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, or distribute a controlled substance as defined in the Controlled Substance Act [21 U.S.C. 802], or possession of drug paraphernalia per Minnesota Statutes. Immediate Family: Direct descendants, parents, grandparents, sibling or any such person of traditional or blended family. Licensee: A person, firm or corporation that obtains a rental license from the City. For the purposes of this Article, "Licensee" and "Property Owner" may be considered one -in -the -same, and the terms "Licensee" and "Property Owner" may be used interchangeably when it makes sense to do so. Major Life/Safety Issues: Hazardous conditions that pose a risk to the life and safety of occupants including, but not limited to, faulty or malfunctioning smoke detectors, handrails, guardrails and egress. Multi -Family Rental License: A rental license established for any rental dwelling with two (2) or more dwelling units subject to interior and exterior inspections. Nuisance call: Any instance where law enforcement officers are called to a property in response to a valid complaint related to disorderly conduct. Operate: To charge a rental fee for the use of a dwelling unit within a rental dwelling. Rental Lease: A written contract between an owner, agent, or manager and a tenant(s), whereby the tenant makes rent payments or other form of compensation in order to occupy the rental dwelling. The rental lease also includes language that relates to the obligations of both parties to the contract and has the same meaning as a rental agreement. Rental License: A permit granted by the City that grants the property owner the right to rent. Rental Dwelling: Any dwelling or dwelling unit used for residential occupancy by one or more persons who are not the owner or a member of the owner's immediate family. "Rental dwelling" does not include the exemptions contained in Section 9-8B-3 of this Article. Single Family Rental license: A rental license established for any rental dwelling with less than two (2) dwelling units which is subject to exterior inspections only, with the exception of interior inspections in the event of emergency or life- threatening situations as determined by the Building Official, Fire Chief, and/or their designated representative. Tenant(s): A person or persons who rent a rental dwelling. Valid complaint: A violation that is visible at the time of inspection or proven by credible, substantial evidence to the satisfaction of the City. Meaning of certain words: Wherever the terms "dwelling," "dwelling unit," "premises," and "structure," are used in this Article, they shall be construed as though they were followed by the words "or any part thereof'. 9-8B-3: LICENSE REQUIRED: A. License: No person, firm or corporation shall operate a rental dwelling unit without first having obtained a license to do so from the City as provided for in this Article. Each license shall be issued for a two (2) year term and expire two (2) years from the issuance. B. Types of Licenses Required: There shall be two (2) types of licenses: multi -family and single-family. C. Exemptions from Rental Licensing: Rental property which is listed as a Nursing Home, Assisted Living, or Boarding Care home by the State of Minnesota Department of Health shall be exempt from the license required under this Article. This exception shall not apply if no services are provided to the occupants, or the services are incidental to, or independent of, the landlord/occupant relationship. 2. State licensed residential facilities that do not provide overnight residential services. A single-family dwelling or a dwelling unit occupied by the Property Owner for a minimum of six (6) consecutive months per calendar year. 4. A residential property owned by a 'snowbird' where the property is rented to another person for a period of less than 120 consecutive days while the Owner is residing out of the State of Minnesota. The Property Owner must occupy the property during the remainder of the year. 5. A single-family residential property that has been sold on a contract for deed or has been sold as "rent to own" so long as the purchaser occupies the property and the sale document used to memorialize the sale is in the form of a uniform conveyancing blank or is recorded with the Anoka County Recorder's office and a copy is provided to the City upon request. 6. A single-family residential property that is occupied by the Owner and two or less occupants where the Owner and the occupants share all living space within the dwelling. 7. Single family residential property that is owned by a member of the armed services who is on active duty and the property is rented to another person during the time of active duty. The Owner must provide the City with a copy of the Owner's military orders and must occupy the property when not on active duty as the Owner's primary residence. Hotels, motels or medical facilities as defined by Andover City Code. 9-813-4: APPLICATION FOR LICENSE: A. The rental Property Owner or the Owner's designated agent shall submit a written application for a rental license on forms prescribed by the City. B. Prior to issuance or renewal of a rental license, the following information shall be submitted: Name, address, email address, and phone number of the Property Owner. 2. Name, address, email address, and phone number of the Property Manager if different from the property owner. 3. Name, address, email address, and phone number of the designated agent if applicable. 4. The street address and/or property identification number of the property. Number of units offered for rent. 6. A blank copy of any written lease to be used for occupants including the following lease addendums: a. Crime Free/Drug Free Addendum. b. Lead Free informational materials for pre -1978 properties, including all information as may be required by Federal law. 9-813-5: AGENT REQUIRED: Any Property Owner who does not live in the state shall appoint, on the license application, an agent residing within the State of Minnesota upon whom the City may serve notices pertaining to the licensed dwelling unit(s). 9-813-6: INITIAL LICENSE ISSUANCE: No license shall be issued under this Ordinance unless the rental dwelling and its premises conform to the Ordinances of the City and laws of the State. An inspection of the dwelling unit may be conducted prior to issuance of an initial rental license. 9-813-7: RENEWAL OF LICENSE: A. All renewed rental licenses shall be valid for a period of up to two (2) years. B. All rental license renewal applications and required fees shall be submitted to the City on a biannual basis and prior to the issuance of a rental license. C. Information on the rental license application must be updated to reflect current conditions at time of renewal. D. No license shall be renewed under this Ordinance unless the rental dwelling and its premises conform to the Ordinances of the City and laws of the State. An inspection of the dwelling unit may be conducted prior to issuance of a renewed rental license. 9-813-8: TRANSFER OF LICENSE: A rental license is nontransferable and shall automatically terminate within thirty (30) days of closing on the sale of the licensed building unless, within thirty (30) days of said closing, the new Owner applies for and is granted a new rental license for said building in accordance with this Article. 9-813-9: INSPECTIONS OF DWELLINGS: A. New licenses: Upon receipt of a properly executed new application for licensing and receipt of the appropriate fee, the City Administrator or his/her designee shall conduct an initial inspection of the premises to assure compliance with the City Code. B. License renewal: Any rental dwelling may be re -inspected after a renewal application is filed to determine compliance. C. Additional Inspections: The City shall inspect every rental unit at least once every two (2) years. The City may inspect any rental unit if it falls within one or more the following criteria: The unit has been abandoned by the Owner or the Owner of such unit cannot be found. 2. Water, gas, or electric services to such unit has been discontinued as a result of nonpayment. 3. The unit is on a parcel of land that is on the County's delinquent tax list. 4. The City has probable cause to believe that there exists within such unit one or more violations of the requirements of the Andover City Code. The property owner of the rental unit has, within the preceding six (6) months, renewed a license after suspension or revocation. 6. The unit is the subject of a pending notice of the City's intent to suspend or revoke the rental license. 7. An occupant or neighboring Property Owner files a valid complaint with the City relative to the condition of the unit or premises. 8. The unit has not been inspected in the preceding two (2) years. Upon receipt of an initial or renewal license application. D. Access for Inspections: The City Administrator or his/her designee shall be authorized to make or cause to be made inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. 2. The City Administrator, or his/her designee, shall be authorized to enter any dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, or premises at any reasonable time for the purpose of performing his/her duties under this Article. 3. The owner, operator, or occupant of every dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, and premises, or the person in charge thereof, shall give the City Administrator, or his/her designee, free access to such dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit and premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey. E. Interior Inspections: An inspection of the interior and exterior of the property shall be required for all multi -family rental properties. An inspection of the exterior only of the property shall be required for all single-family rental properties. In emergency and/or life- threatening situations as deemed necessary by the Building Official, Fire Chief, and/or designated representative, inspections may be conducted on single-family rental properties to include the interior and exterior portions of the rental dwelling and without permission from the property owner after reasonable attempts to contact the owner have failed. F. Refusal of Access for Inspection: If the owner, operator, person in charge, or occupant shall refuse to consent to the inspection, an administrative search warrant may be obtained where there is probable cause to believe a violation exists within the particular structure or property. G. Emergency Conditions: No administrative search warrant is needed where an emergency condition exists which endangers persons or property and insufficient time is available to obtain the warrant and protect such endangered persons or property. H. Subject to Occupant's Right to Privacy: Entry under this Section is subject to Minnesota Statutes, Sections 50413.211 (Residential Tenant's Right to Privacy) as amended. Costs of Obtaining Warrant: If the City finds it necessary to obtain an administrative search warrant to enter the property for inspection due to the Property Owner, operator, or person in charge, or occupant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant, including court costs and attorney's fees. 9-8B-10: LICENSE SUSPENSION, REVOCATION, DENIAL AND NOW RENEWAL: A. Process for consideration of license suspension, revocation, denial or non -renewal: No action will be taken by the City Council to revoke, suspend, deny, or not renew a rental license without a public hearing and written notice of that hearing being sent to the property owner and affected occupants a minimum of ten (10) days prior to the hearing. The Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply. 3. The Council shall issue a decision to revoke, suspend, deny or not renew a rental license only upon written findings. 4. Upon a decision to revoke, suspend, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the Council's written decision, not exceeding one (1) year. Such new applications shall be accompanied by a reinstatement fee as required by this Article. The Council may suspend, revoke, deny or not renew a license for part or all of a facility. 6. A written decision to revoke, suspend, deny or not renew a license or application for part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. a. Revocation, suspension, denial or non -renewal of a license shall not excuse the owner from compliance with all terms of this Article for as long as any units in the facility are occupied. b. Failure to comply with all terms of this Article during the term of revocation, suspension, denial or non -renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal specified in the City Council's written decision. B. Suspension: The City Council may suspend a rental license under any of the following circumstances: a. Failure to correct deficiencies noted in Compliance Orders within the time specified in the notice. b. Failure to pay any license, inspection or reinstatement fee required by this Article. C. Any other violation of the Andover City Code Any specific provisions of the City ordinances that include suspension as a remedy (i.e. nuisance calls, etc.). 2. Additional standards related to suspension of a rental license: a. A reinstatement fee as established by the City Council shall be paid prior to reinstatement of a rental license that has been suspended. b. In addition to the reinstatement fee, the City may issue a citation for the applicable violations. C. While under suspension, the Property Owner cannot lease the affected unit and/or facility to a new occupant. d. The suspension shall be for a period of up to six (6) months unless otherwise regulated by this Article. C. Revocation: The City Council may revoke a rental license under the following circumstances: a. When a Property Owner has not complied with reinstatement criteria. When it is found that a Property Owner has given false statements on any application or other information or report required by this Article to be given by the applicant or licensee. C. When it has been determined through an inspection that major life/safety issues exist on the property. d. When the Property Owner or designated agent has been convicted of a crime related to the type of business licensed and failure to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business. e. Operating or allowing the rental property to be used in such a manner as to constitute a breach of the peace, a menace to health, safety and welfare of the public or a disturbance of the peace or comfort of the residents of the City, upon recommendation by the County Sheriff. Failure to schedule and/or allow rental or building inspections of the licensed premises, for the purpose of ensuring compliance with rental licensing requirements, City Code requirements, State building codes, or other applicable State or Federal law. g. Real estate or personal property taxes on the business have become delinquent and the Property Owner and the applicant are the same person or entity or have any common ownership where they are a different person or entity. Failure to actively pursue the eviction of occupants who have violated the provisions of the Crime Free Lease Addendum. Any specific provisions of the City Ordinances that include revocation as a remedy (i.e. nuisance calls, etc.) Other good cause as determined by the City Council. 2. Additional standards related to revocation of a rental license: a. A reinstatement fee as established by the City Council shall be paid prior to reinstatement of a rental license that has been revoked. b. In addition to the reinstatement fee, the City may issue a citation for the applicable violations. C. While under revocation, the Property Owner cannot extend the lease of an existing occupant and cannot lease the affected unit to a new occupant. d. The revocation shall be for a period of up to one (1) year. 9-86-11: DISPLAY OF LICENSE: Licenses issued under this Article must be conspicuously posted in a public corridor or front entrance of rental dwellings with four or more units. All rental Property Owners must produce a copy of the rental license upon demand of a prospective occupant or City official. 9-813-12: FEES: A. License Fees: Fees Established and Due Date: Rental license fees and reinstatement fees shall be set by the City Council and shall be due with submission of a new or renewal application. B. Reinspection Fees: An initial inspection shall be required at the time of application, the cost of which shall be included in the license application fee. A reinspection to verify compliance will be conducted at no charge. A fee, as set by the City Council, may be charged for any subsequent reinspection necessitated by receipt of a valid complaint or as a result of a previous unsatisfactory inspection. 9-813-13: CONDITIONS OF LICENSE ISSUANCE: A. Compliance with Chapter: The City shall issue a rental dwelling license if the building and the application are found to be in compliance with the provisions of this chapter. B. Conformance to Laws: No rental dwelling license shall be issued or renewed unless the rental dwelling and its premises conform to the Andover City Code; and the laws of the State of Minnesota; and all applicable fees have been paid. 9-813-14: DISORDERLY CONDUCT AND NUISANCE POLICE CALLS FOR SERIVCE: During the term of the rental license, and any re -licensure, whereby nuisance calls related to the property occur in any consecutive twelve (12) month period following the first nuisance call, the following shall apply: A. First Nuisance Call: Upon determination by the City that a dwelling unit was used in a disorderly manner, as described in this section, the City shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in this section. B. Second Instance: If a second instance of disorderly use of the dwelling unit occurs within three (3) months of an incident for which a notice was given as specified in this Section, the City shall notify the licensee to submit a written report of the actions taken, and proposed to be taken by the licensee to prevent further disorderly use of the dwelling unit. This written report shall be submitted to the City within five (5) days of receipt of the notice/report of disorderly use of the dwelling unit and shall detail all actions taken by the licensee in response to all notices of disorderly use of the dwelling unit within the preceding three (3) months. C. Third Instance: If a third instance of disorderly use of the dwelling unit occurs within three (3) months after a second instance of disorderly use for which a notice was given to the licensee pursuant to Subsections of this section, the rental dwelling license for the rental dwelling may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City, who shall give the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days from the date of such notice. D. Action Of The City Council: Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. E. Council Action Not Exclusive: Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed rental dwelling as is authorized by this chapter, other sections of the Andover City Code Ordinance, or state law. F. Eviction Proceedings: No adverse license action shall be imposed where the instance of disorderly use of the dwelling unit occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's dwelling unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, any action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures to prevent further instances of disorderly use. G. Evidence of Disorderly Manner: A determination that the rental dwelling unit has been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section. H. Serving Notice: All notices given by the City under this section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed rental dwelling. An action to deny, revoke, suspend, or not renew a license based upon violation of this section may be postponed or discontinued at any time if it appears that the Licensee has taken appropriate measures which will prevent further nuisance calls. 9-813-15: TRASH REMOVAL FOR RENTAL PROPERTIES: A. Rental properties must have regularly scheduled recycling and trash pick-up. B. If the trash and/or recycling has not been removed within seven (7) days of the normally scheduled pick-up, the trash may be removed under emergency abatement procedures. C. If the lack of trash and/or recycling service becomes a recurring problem, refuse service will be authorized by the City and will be assessed as a lien on the subject property. 9-813-16: NO RETALIATION: No Licensee shall evict, threaten to evict, or take any other punitive action against any occupant who, by reason of good faith, calls City officials related to public safety or property maintenance concerns. This Section shall not prohibit the eviction of occupants from a rental dwelling for unlawful conduct of an occupant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against contacting City officials. 9-813-17: SUMMARY ACTION: When the conduct of any Licensee or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City shall have the authority to summarily condemn or post for no occupancy such area of the rental dwelling. 9-813-18: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. 9-813-19: VIOLATIONS AND PENALTIES: Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. CHAPTER 8 PROPERTY MAINTENANCE STANDARDS ARTICLE C. SOBER HOUSING LICENSING Sections: 9-8C-1: Purpose and Intent 9-8C-2: Definitions 9-8C-3: License Required 9-8C-4: Application for License 9-8C-5: Inspections of Dwellings 9-8C-6: Agent Required 9-8C-7: Length and Renewal of License 9-8C-8: Transfer of License 9-8C-9: License Suspension, Revocation, Denial and Non -Renewal 9-8C-10: Display of License 9-8C-11: Fees 9-8C-12: No Retaliation 9-8C-13: Summary Action 9-8C-14: Severability Clause 9-8C-15: Violations and Penalties 9-8C-16: Reasonable Accommodations 9-8C-1: PURPOSE AND INTENT: It is the purpose of this Article to assure that sober housing in the City of Andover is habitable, safe, and sanitary and is so operated and maintained as not to detract from the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. It is the intent of this Article to establish uniform standards that are applicable to all sober house dwellings in the City. To the extent not otherwise inconsistent with this Article, Title 9, Chapter 8, Article II of the City of Andover City Code shall be applicable to sober houses. Any inconsistencies between Article II and this Article shall be resolved in favor of this Article. 9-8C-2: DEFINITIONS: The definitions contained in Article I, of this Chapter apply herein. Additionally, the following definitions shall apply in the interpretation and enforcement of this Article. Agent: A person designated by the owner of a sober house to act on behalf of the owner. Multiple Dwelling: A building or portion thereof containing two or more dwelling units. Rooming House: A residence unit or any part thereof containing one or more rooming units in which space is let by the owner operator to two or more persons. Sober House: A dwelling unit occupied by a group of not more than five (5) unrelated individuals, unless a reasonable accommodation allowing more than 4 unrelated individuals to occupy a dwelling unit is granted, all of whom are in recovery from chemical dependency and considered disabled under the Federal Fair Housing Act Amendments of 1988 wherein the dwelling unit provides a non -institutional residential environment in which the occupants willingly subject themselves to rules and conditions intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources or those that provide on-site supportive services to residents, including but not limited to the following: mental health services; clinical rehabilitation services, social services; legal services; medical, dental, nutritional, and other health care services; financial management services; legal services; vocational services; and other similar supportive services. 9-8C-3: LICENSE REQUIRED: No person, firm or corporation shall allow the use of a sober house in the City until a license has been applied for and issued by the City of Andover. Any sober houses existing prior to the adoption of this Article must also follow and abide by the requirements set forth in this Article. A license is not required for those entities that are licensed by State or County government agencies affording the same safeguards and protections as set forth in this Article. 9-8C-4: APPLICATION FOR LICENSE: Applications for a sober house license shall be made in writing to the City by the owner of the sober house dwelling unit(s) or his/her designated agent. Prior to issuance or renewal of a sober house license, the owner shall submit a completed application to the Planning Department, pay an application fee as determined by City Council, and comply with all inspection requirements. A. The following persons shall be authorized to sign and submit a sober house license application: If the owner is a natural person, by the owner thereof. If the owner is a corporation, by an officer thereof. If the owner is a partnership, by a partner thereof. B. Before any license required by this Article shall be issued or renewed, the owner shall submit the following information on forms provided by the City: Name, address and phone number of the property owner. 2. Name, address and phone number of the property manager if different from the property owner. Name, address and phone number of the designated agent (if applicable). 4. The street address and property identification number of the property. 5. Description of the number of units and number of bedrooms in each unit. 6. An acknowledgement that the owner or designated agent has received a copy of this ordinance. A management plan for the facility found to be acceptable by the City to ensure the legitimacy of the sober house. 8. A floor plan showing dimensions and locations of bedrooms, common areas, kitchen, bathrooms, exits and any other rooms requested by the City. 9. A Crime Free/Drug Free Lease Addendum signed by and applicable to all occupants of the Sober House. 9-8C-5: INSPECTIONS OF DWELLINGS: Upon receipt of a properly executed application for licensing and receipt of the appropriate fee, the City Administrator or his/her designee shall complete an initial inspection of the premises to determine whether the property is in compliance with this Chapter. Any sober house dwelling may be re -inspected after a renewal application or transfer of license is filed to determine compliance. The City Administrator or his/her designee shall further have the right to re -inspect the premises at any time it is deemed necessary to assure compliance with this Chapter. A. The City Administrator or his/her designee shall be authorized to make or cause to be made inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. The City Administrator, or his/her designee, shall be authorized to enter any dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, or premises at any reasonable time for the purpose of performing his/her duties under this Article. The owner, operator, or occupant of every dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, and premises, or the person in charge thereof, shall give the City Administrator or his/her designee free access to such dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit and premises on which it is located at all reasonable times for the purpose of such inspection, examination and surrey. B. If the owner, operator, person in charge, or occupant shall refuse tc consent to the inspection, a search warrant may be obtained. If the City finds it necessary to obtain an administrative search warrant to enter the property for inspection due to the owner, operator, person in charge or occupant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant including court costs and attorney's fees. C. No warrant is needed where an emergency condition exists which endangers persons or property and insufficient time is available to obtain a warrant and protect such endangered persons or property. D. Entry under this Section is subject to Minnesota Statutes, Section 50413.211 (Residential tenant's right to privacy) as amended. 9-8C-6: AGENT REQUIRED: Any property owner who does not live in the state shall appoint, on the license application, an agent residing within the State of Minnesota upon which agent the City may serve notices pertaining to the administration of this Article or any provisions of the City Code pertaining to such dwelling unit. 9-8C-7: LENGTH AND RENEWAL OF LICENSE: The license period shall commence upon issuance of the license. A sober house license shall be issued for a period of one (1) year. 9-8C-8: TRANSFER OF LICENSE: A sober house license is transferable to any person who has actually acquired legal ownership of a licensed building for the unexpired portion of the term for which it was issued or reissued; provided, that the application to transfer such registration is filed with the City within thirty (30) days of closing and the transferee is not disqualified from holding a license due to prior revocation, suspension, or denial of a sober house license. The sober house license shall terminate upon failure to apply for its transfer within thirty (30) days of closing. 9-8C-9: LICENSE SUSPENSION, REVOCATION, DENIAL AND NOW RENEWAL: A. The City Council may revoke, suspend, deny or decline to renew any sober house license issued under this Article upon any of the following grounds: False statements on any application or other information or report required by this Article to be given by the applicant or licensee. 2. Failure to pay any license or reinstatement fee required by this Article. 3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. 4. Any other violation of the property maintenance, zoning, environmental, and utility chapters of City Code. B. No action will be taken by the City Council to revoke, suspend, deny, or decline renewal of a sober house license without a public hearing and written notice of that hearing being sent to the property owner, agent, and affected tenants a minimum of ten days prior to the hearing. C. The City Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided, and good faith efforts to comply and shall issue a decision to revoke, suspend, deny, or decline renewal of a license only upon written findings. D. The City Council may revoke, suspend, deny or decline renewal of a license for part or all of a facility. E. Upon a decision to revoke, suspend, deny or decline renewal of a license, no new application for the same facility will be accepted for a period of time as specified in the City Council's written decision, which time shall not exceed one year. All new applications shall be accompanied by a reinstatement fee as required by this Article. F. A written decision to revoke, suspend, deny or decline renewal of a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension, denial or non -renewal of a license shall not excuse the owner from compliance with all terms of this Article for as long as any units in the facility are occupied. Failure to comply with all terms of this Article during the term of revocation, suspension, denial or non- renewal is a misdemeanor and grounds for an extension of the term of such revocation, suspension, or non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal specified in the City Council's written decision or in paragraph E of this Section. 9-8C-10: DISPLAY OF LICENSE: Licenses issued under this Article must be displayed on the premises of sober house dwellings. All property owners must produce a copy of the sober house license upon demand of a prospective tenant or City official. 9-8C-11: FEES: Sober house license fees and reinstatement fees are to be determined by the City Council. 9-8C-12: NO RETALIATION: No licensee shall evict, threaten to evict, or take any other punitive action against any tenant who, by reason of good faith, calls City officials related to public safety or property maintenance concerns. This Section shall not prohibit the eviction of tenants from a sober house dwelling for unlawful conduct of a tenant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against contacting City officials. 9-8C-13: SUMMARY ACTION: When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City shall have the authority to summarily condemn or post for no occupancy such area of the rental dwelling. 9-8C-14: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. 9-8C-15: VIOLATIONS AND PENALTIES: Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 9-8C-16: REASONABLE ACCOMMODATIONS: It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its zoning regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use and zoning regulations or policies, including the modification or waiver of certain requirements, when it is necessary to eliminate barriers to housing opportunities. The purpose of this subdivision is to establish a process for making and acting upon requests to reasonable accommodation. A. Any person who requests reasonable accommodation in the form of modification in the application of a zoning regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents may do so on an application form provided by the City. "Person" includes any individual with a disability, his or her representative or a developer or provider of housing for an individual, with a disability. The application shall include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the City to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. B. The City shall review the request and make a recommendation to the City Council. The request shall be evaluated under the following factors: 1. Whether there is a qualifying disability; 2. Whether the request is needed to allow a disabled person equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as a person without disabilities; 3. Whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the accommodation meets the stated need, and other alternatives that may meet that need; 4. Whether the request would constitute a fundamental alternation of the City's regulations, policies, or procedures; Whether the request would impose an undue financial or administrative burden on the City; and 6. Any other factor that may have a bearing on request, as determined by the City C. The City Council shall consider the request following receipt of the recommendation of the City staff. Notice of the meeting at which the City Council will evaluate the request shall be mailed at least 10 days before the meeting to the owner of all properties located within 350 feet of the property subject to the request. D. An approved request is granted only to an individual and does not run with the land unless the City determines that the accommodation is physically integrated into the residential structure and cannot easily be removed or altered or the accommodation is to be used by another individual with a disability. E. No sober house granted a reasonable accommodation shall be located within 1,320 feet of another sober house that has been granted a reasonable accommodation, as measured from the property lines closest to one another. By adoption of this Ordinance, the City Council authorizes the City Clerk to make any minor administrative adjustments to the City Code including renumbering of chapters or sections necessitated by adoption of the Ordinance. Adopted by the City Council of the City of Andover on this 2nd day of February 2021. ATTEST: CITY OF ANDOVER: Michelle Hartner, Deputy City Clerk Sherri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX AN ORDINANCE AMENDMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. Administration: Administrative Fee: non- ro'ect related activity) 15% of total charges for overhead costs Advertising: Ice Arena Wall Banner — 48 $600.00 per year Wall Banner — 8x8 $1,000.00 per year Dasher Board — 3x8 $500.00 per year In Ice Ad $1,200.00 per year Zamboni — side panel $600.00 per year Scoreboard — lighted $1,000.00 per year Scoreboard — non -lighted $750.00 per year Field House Wall Banner -4x8 $600.00 per year Wall Banner — 8x8 $1,000.00 per year Scoreboard -2x8 $350.00 per year Parks Fence Banner $240.00 per a two-year sign agreement ApprovaURecording of Deeds: Abstract & Torrens Properties $100.00 Bad Check Fee: $30.00 Building Lease Damage Deposit: $500.00 (If deposit is used for a repair, it must be made whole for the duration of the lease. Canvasser/Solicitor License: Investigation Fee $25.00 per individual — 30 day license Ord 352 City Code Amendment: $500.00 City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Compliance Order Appeal $50.00 Convenience Fee — Online Permits 3.95% plus $2.00 rounded up to the nearest dollar Copies: (per sheet) Up to 8 ''/3" x 14" $0.35 Oversize $0.50 I8"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 City Code — paper co $50.00 Dog Licensing: Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $380.00 - includes mailing labels Commercial Kennel Recording Fees Abstract and Totrens $100.00 Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 RENTAL HOUSING LICENSE FEES: Single -Family Rental Housing License Two -Year Rental License & Inspection Fee $50.00 per unit SEE ORDINANCE Multifamily Rental Housing Two -Year Rental License & Inspection Fee - $75.00 per licensed unit License Structure without fire suppression systems (except owner occupied) (SEE ORDINANCE) Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Two -Year Rental License & Inspection Fee - $52.00 per licensed unit Structure with fire suppression systems (except owner occupied) Single Family & Re -inspection — Fee Per Valid Complaint $50.00 per re -inspection Multifamily Single Family & Multifamily License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council SORER HOUSE LICENSE FEES: Sober House License (.SEE ORDINANCE) One -Year License & Inspection Fee $75.00 per unit Sober House License Re-inspcction — Fee Per Valid Complaint $50.00 per re -inspection Sober House License License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council Adopted by the City Council of the City of Andover this 2nd day of February 2021 CITY OF ANDOVER Attest: Sherr Bukkila - Mayor Michelle Hartner—Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE REPEALLING CITY CODE TITLE 9, CHAPTER 8: RENTAL HOUSING DWELLINGS AND CITY CODE TITLE 9, CHAPTER 9: HOUSING MAINTENANCE CODE AND ORDAINING CITY CODE TITLE 9, BUILDING REGULATIONS, CHAPTER 8: PROPERTY MAINTENANCE STANDARDS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The Ordinance repeals the existing City Code 9-8: Rental Housing Dwellings and City Code 9-9: Housing Maintenance Code and replaces it with City Code 9-8: Property Maintenance Standards. The Ordinance also makes amendments to City Code 1-7-3 in order to align the City's Fee Schedule with the newly adopted Ordinance. Rental license holders will be notified of any changes impacting their license at the time of rental license renewal. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of February 2021. ATTEST: CITY OF ANDOVER Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor Property Maintenance Standards - Summary of Changes Article A. In General The vast majority of Article A is identical in policy to existing City Code 9-9: Housing Maintenance Code. The only changes in this Article were a reorganization of sections, spelling and grammar issues were corrected, some wording was revised for clarity and additional definitions were added. Article B. Rental Licensing 9-813-1: Purpose and Intent: This section was expanded at the recommendation of the City Attorney to provide more information on the purpose and intent of the Ordinance. No policy changes. 9-813-2: Definitions: Wording was revised for clarity and definitions were added/revised for "Agent", "Tenant(s)", etc. No policy changes. 9-813-3: License Required: Wording was revised for clarity. Provisional rental license was removed. Exemptions from rental licensing were clarified. 9-813-4: Application for License: Section was revised for clarity and to eliminate redundant sections of the existing City Code. Amendment requires all rental license applications to include a blank copy of any written lease agreement that includes a Crime Free/Drug Free Addendum and Lead -Free Informational Materials for Pre -1978 properties. 9-813-5: Agent Required: Section was added. Requires that any property owner who does not live in the state to appoint an agent who resides within the State of Minnesota upon which the City may serve notices pertaining to the licensed dwelling units. 9-813-6: Initial License Issuance: No policy changes. Section added for clarity. 9-813-7: Renewal of License: No policy changes. Section was revised for clarity. 9-813-8: Transfer of License: No policy changes. 9-813-9: Inspections of Dwellings: No policy changes. Adds clarification on times outside of the normal rental license application process when City Staff may inspect the rental property. Such as, "The City may inspect any rental unit if it falls within one or more of the following criteria: The unit has been abandoned by the owner or the Owner of such unit cannot be found. 9-813-10: License Suspension, Revocation, Denial and Non -Renewal: Section was revised to add clarity on suspension and revocation processes and criteria. The provisional rental license was removed. Add License Re -Instatement Fee. 9-813-11: Display of License: No policy changes. 9-813-12: Fees: Application late fees were eliminated. Previously the City Code required that any renewal application not submitted at least 60 days prior to license expiration should be charged a $50 late fee. In practice, it appears as though this has never been done by staff and most applications are on-time due to renewal notices being sent by staff. 9-813-13: Conditions of License Issuance: No policy changes. 9-813-14: Disorderly Conduct and Nuisance Police Calls for Service: Section revised for clarity. No policy changes. 9-813-15: Trash Removal for Rental Properties: No policy changes. 9-813-16 through 9-813-19: Various Legal Clauses — No Policy Changes. Article C. Sober Housing Licensing Entirely new ordinance drafted by the City Attorney and substantially similar to the Sober Housing Licensing Ordinances of adjacent communities. Required Changes to Fee Schedule • Add $50 fee for Compliance Order Appeal • Add $1,000 Rental License Reinstatement Fee • Add application fees for Sober House License (Staff proposing identical to Multi -Family Rental License: $75 application fee, $50 re -inspection fee, $1,000 reinstatement fee). Summary of Major Policy Changes (Overall): • Provisional Rental License eliminated. • Property owners residing outside the State must appoint an Agent who lives within the State of Minnesota. • Applications must include blank copy of lease with Crime Free/Drug Free Lease Addendum and Lead -Free informational materials for pre -1978 properties. • Creation of Sober House License. • Addition of re -instatement fee for licenses that are revoked, suspended, denied or not renewed by the City Council. • Addition of Compliance Order Appeal Fee. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: James Dickinson City Administrator SUBJECT: Emergency Response (COVID-19) Update and Consider Resolution Rescinding Res. No. R035-20 Declaration of Emergency for the City of Andover - Coronavirus Disease 2019 (COVID-19) DATE: February 2, 2021 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 (COVID 19). And, Consider Resolution Rescinding Res. No. R035-20 Declaration of Emergency for the City of Andover - Coronavirus Disease 2019 (COVID-19). DISCUSSION City Administration will provide an update on the City's ongoing response to the current Declaration of Emergency for the City of Andover - Coronavirus Disease (COVID 19) and will then provide background on why City Administration no longer needs the Declaration of Emergency in place and is requesting the City Council to rescind the declaration. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -21 A RESOLUTION RESCINDING RES. NO. R035-20 DECLARATION OF EMERGENCY FOR THE CITY OF ANDOVER, MINNESOTA CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the virus named "SARS-CoV-2," is a new strain of coronavirus that has not previously been identified in humans and can easily spread from person to person and which causes a disease named "Coronavirus Disease 2019," commonly known as "COVID-19," which is a respiratory disease that can result in serious injury or death; and WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the United States; on March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota; and as of March 16, 2020, there are fifty-four known cases of COVID-19 in Minnesota, including cases in Anoka County; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constitutes a National Emergency; and WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize all necessary resources to be used in support of the COVID-19 response; and WHEREAS, on March 17, 2020, the Andover City Council ordered an Emergency Declaration for the City of Andover, Minnesota, which shall continue until April 7, 2020. WHEREAS, the City Administrator and Emergency Management Director have found that the City can now work through traditional sources of financial aid, assistance and relief through Anoka County, State and Federal sources. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER, HEREBY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: Rescind Resolution Number R035-20 Emergency Declaration for the City of Andover, Minnesota, adopted by the Andover City Council the 17`h day of March 2020. Adopted by the Andover City Council this the 2"d day of February 2021. ATTEST: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R035-20 A RESOLUTION OF DECLARATION OF EMERGENCY FOR THE CITY OF ANDOVER, MINNESOTA CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the virus named "SARS-CoV-2," is a new strain of coronavirus that has not previously been identified in humans and can easily spread from person to person and which causes a disease named "Coronavirus Disease 20I9," commonly known as "COVID-19," which is a respiratory disease that can result in serious injury or death; and WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the United States; on March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota; and as of March 16, 2020, there are fifty-four known cases of COVID-19 in Minnesota, including cases in Anoka County; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constitutes a National Emergency; and WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize all necessary resources to be used in support of the COVID-19 response; and WHEREAS, as of March 15, 2020 the World Health Organization Situation Report confirmed a total of 153,517 cases of COVID-19 in over 135 countries, including 5,735 deaths; and as of March 16, 2020 a total of 54 cases of COVID-19 have been reported in Minnesota including three to five (3 to 5) potential cases in Anoka County; and WHEREAS, COVID-19 has been identified by the World Health Organization as a pandemic, and the United States Centers for Disease Control has provided guidance for individuals, healthcare professionals, and businesses to slow the spread of COVID-19, which include cancelling or postponing in-person events that involve more than fifty people for eight weeks, and WHEREAS, the City of Andover's Emergency Management Team has been preparing for weeks, working diligently with local, state, and federal partners to maintain situational awareness and respond to COVID-19; and © WHEREAS, additional local cases will trigger a more aggressive public health response and are predicted to impact residents of the City of Andover and those who work in or travel through the City, including City employees; and the need for social distancing, school closings, and quarantine methods to stop the spread of COVID-19 is expected to cause significant challenges; and © WHEREAS, the City Administrator and Emergency Management Director find that this situation threatens the health, safety, and welfare of the citizens of the community and will cause a significant impact on the ability of public safety personnel to address any immediate dangers to the public as a result of COVID-19; and WHEREAS, the City Administrator and Emergency Management Director find that traditional sources of financial aid, assistance and relief will not be able to compensate for the potential impact of COVID-19, and have determined that the necessary resources to respond to and recover from this pandemic will exceed those resources available within the City of Andover, and additional resources will be needed from Anoka County, State and Federal sources. NOW, THEREFORE, BE IT RESOLVED, THAT MAYOR JULIE TRUDE OF THE CITY OF ANDOVER, HEREBY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: 1. Under the authority given by Minnesota Statutes, Section 12.29, declares that a local emergency exists within the City of Andover, effective March 17, 2020, with all the powers and responsibilities attending thereto as provided by Minnesota Statutes, Chapter 12. 2. Directs City staff to review ordinance and regulatory requirements, operations, civil and legal proceedings, events, and resources to determine whether the foregoing should be adjusted or suspended, and to make recommendations regarding additional emergency regulations to support the employees and residents of the City of Andover. Directs all City departments and offices to operate and support the response to this incident, under the direction and coordination of the Emergency Management Director, Emergency Management Team, and/or City Administrator, including implementing new employee protocols, strategies, and processes to ensure that public services are maintained. 4. Directs the City's Emergency Management Director, City Administrator and other appropriate designated City staff to request and coordinate appropriate aid and resources from surrounding jurisdictions, Anoka County, the State of Minnesota, and the Federal government, as needed. 5. Declares, under Minnesota Statues, Section 13D.021, that in-person meetings of the City Council, Planning Commission, Economic Development Authority and other advisory commissions of the City of Andover are not practical or prudent due to the COVID-19 health pandemic and the peacetime emergency declared by Governor Walz pursuant to Minnesota Statutes, Chapter 12, and hereby directs that meetings of the City Council, Planning Commission, Economic Development Authority and other advisory commissions of the City shall be either cancelled, postponed or conducted by telephone or other electronic means, and hereby directs City Staff to take such action as may be necessary to enable such meetings to occur via telephone or other electronic means © pursuant to Minnesota Statutes, Section 13D.021, until such time as it is no longer impractical or imprudent for the City Council, Planning Commission, Economic Development Authority and other advisory commissions to resume in-person meetings. © 6. Orders this Emergency Declaration for the City of Andover, Minnesota, which shall continue until April 7, 2020, unless further extended by or with the consent of the City Council pursuant to Minnesota Statutes, Section 12.29, subd. 1. 7. Orders that this declaration be given prompt and general publicity and that it be filed promptly by the City Clerk. Adopted by the Andover City Council this the 17s' day of March 2020. ATTEST: �L� Mi Nelle liartner, Deputy City Clerk U CJ li Trude, Mayor 1.r1 CITY OF ND0T-,Aj1%ff 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report February 2, 2021 The 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. :1