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Home My WebLink AboutCC - April 19, 20221685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, April 19, 2022 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/29/22 Workshop; 4/5/22 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution Revoking Accessory Dwelling Unit Conditional Use Permit — 4815 159th Ave NW — Planning 4. Approve Massage Therapist License — Administration 5. Accept Contribution/Denny Madden/Andover YMCA Community Center — Community Center 6. Approve 2023 Budget Development Guidelines — Administration 7. Receive March 2022 City Investment Reports — Administration 8. Approve Park Exclusive Use Permit — Administration Discussion Items 9. Anoka County Sheriff s Office Monthly Report — Sheriff 10. Consider Repealing Existing City Code Title 12: Zoning Regulations, Adopting Updated City Code Title 12: Zoning Regulations and Summary Ordinance for Publication — City of Andover (Applicant) — Planning 11. Consider Amendments to City Code 4-1-2: Public Nuisances Enumerated and Summary Ordinance for Publication — City of Andover (Applicant) - Planning 12. Consider Rezoning Request — Rezone Properties from GR: General Recreation to R-4: Single Family Urban — Parcel ID Numbers 22-32-24-43-0004, 22-32-24-43-0005, 22-32-24-43-0003, 22-32-24-43-0002 — City of Andover (Applicant) - Planning 13. Consider Rezoning Request — Rezone Property from LB: Limited Business to NB: Neighborhood Business — Parcel ID Number 33-32-24-13-0005 — City of Andover (Applicant) - Planning 14. Consider Rezoning Request — Rezone Properties from R-5: Manufactured Housing to R-4: Single Family Urban — Parcel ID Numbers 30-32-24-41-0003 and 29-32-24-32-0011— City of Andover (Applicant) - Planning Staff Items 15. Administrator's Report —Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Michelle Hartner, Da Approval of Minutes April 19, 2022 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: March 29, 2022 Workshop April 5, 2022 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 ANDOVER CITY COUNCIL WORKSHOP MEETING 8 MARCH 29, 2022 MINUTES 9 10 11 The Workshop Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, 12 March 29, 2022 at 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 13 Minnesota. 14 15 Councilmembers present: Valerie Holthus, Jamie Barthel, Ted Butler, and Randy 16 Nelson 17 18 Councilmembers absent: None 19 20 Also present: City Administrator, Jim Dickinson 21 Community Development Director, Joe Janish 22 Others 23 24 25 UPDATEIDISCUSSMULTI-FAMILYPROPOSAL CROSSTOWNIHANSON 26 27 The City Council is requested to discuss a proposal for a multi -family senior development located 28 at Crosstown Boulevard and Hanson Boulevard. Mr. Janish stated SilverCrest held a neighborhood 29 meeting and sent notices to residents within 1,000 feet of the development. He noted a staff person 30 was present to receive information. 31 32 Jack Collins, Executive Vice President of SilverCrest, handed out a copy of the presentation from 33 the neighborhood meeting and a summary of resident comments. He stated around 30 residents 34 attended. Mr. Collins noted residents were concerned about traffic, the buffer between 35 development and residents, and effects of lighting. Mr. Collins stated he received favorable 36 comments from seniors who don't want to leave the community. 37 38 Peter Pfister, Pfister Architects, agreed that traffic impact was the greatest concern. 39 40 Mr. Collins stated they met with the City to address traffic concerns and agreed to conduct a traffic Andover City Council Workshop Meeting Minutes —March 29, 2022 Page 2 1 study. He noted site plan changes, an increase in landscaping, and they will conduct a sunlight 2 study. Mr. Collins pointed out the pickleball amenity that can be used by all residents. 3 4 Mr. Pfister reviewed the site plan and access points with an Option A drawing. Mr. Pfister 5 presented several other options and explained they purposely moved the building further away 6 from the neighborhood. 7 8 Councilmember Nelson asked how large the commercial section is. Mr. Pfister stated the 9 commercial area is 10,000-12,000 square feet. 10 11 Councilmember Nelson stated he received emails from residents both in support and against the 12 development. 13 14 Councilmember Butler stated he has a concern with the traffic flow. He stated the right -in, right - 15 out will have a negative effect on the Clocktower Commons commercial area. He would like to 16 improve traffic flow at that intersection and looking at a roundabout. Mr. Dickinson stated a traffic 17 study would address access to this development and to Clocktower Commons. 18 19 Mr. Pfister stated the Fire Department and residents preferred a flat roof over a pitched roof. 20 21 Councilmember Holthus asked why there was not a pedestrian trail proposed on the northeast side 22 of the development along Bluebird Street. The developer was in favor of adding a trail. 23 24 Mayor Bukkila stated she doesn't think it is a good idea to have parking closer to the residents. 25 26 The Council discussed the various options displayed, focusing on the layout of the development, 27 parking, lighting, and traffic flow. 28 29 Mr. Dickinson summarized the concerns of the neighborhood and Council: 30 • Conduct a traffic study to address traffic concerns 31 • Moving buildings further from the homes 32 • Move commercial closer to the Crosstown Boulevard entrance 33 • Conduct a lighting study to address concerns 34 • Have the lower -level buildings closer to the neighborhood 35 • Fire response is important 36 • Pickleball is favorable 37 0 Pedestrian trail along Bluebird Street Andover City Council Workshop Meeting Minutes — March 29, 2022 Page 3 1 Mayor Bukkila asked the Council their opinion on the building layout on the Option D drawing. 2 3 Councilmember Barthel commended SilverCrest for their efforts on taking feedback and working 4 with the Council and community. He stated he does not support a three or four story building on 5 that corner. 6 7 Councilmember Butler believes the developer is on track and would like to see improvements in 8 traffic and pedestrian access. He can accept the proposal, but is not thrilled by it. 9 10 Councilmember Nelson stated he had leaned against the development because commercial is 11 critical. He thinks four levels is high and he would like to see the maximum amount of commercial 12 area in the development. He likes the pickleball inclusion on the concept plan. 13 14 Councilmember Holthus stated she likes Option D and the number of trees it provides to buffer 15 the neighborhood. She likes the location of the pickleball courts. Councilmember Holthus would 16 like to see a pedestrian trail all around the development. She would like to see an intersection 17 instead of a right -in, right -out off of Crosstown Boulevard. She stated the buildings could be 18 rotated slightly counterclockwise. Councilmember Holthus does not take issue with the number of 19 stories. 20 21 Mayor Bukkila stated she is looking for information on how the density of this development effects 22 the other areas of density throughout the City. She would like to see other areas decrease in density. 23 Mr. Janish stated staff will look into that and will present options to the Council. 24 25 RECESS & RECONVENE 26 27 Mayor Bukkila recessed the meeting at 7:00 p.m. The meeting was reconvened at 7:07 p.m. 28 29 REVIEW/DISCUSS CITY CODE— FOOD TR UCK REGULA TIONS 30 31 The City Council is requested to review and discuss food truck regulations and licensing. Mr. 32 Dickinson stated the City currently licenses food trucks under the Outdoor Food and Beverage 33 Sales Event License. He stated staff has reviewed neighboring cities' codes and is seeking 34 feedback on changes to Andover's Code. Mr. Dickinson reviewed Andover's Code with the 35 Council. Mr. Dickinson stated he gets complaints about the application needing to be notarized. 36 37 Councilmember Butler stated food trucks are a positive thing for the community. He would like to Andover City Council Workshop Meeting Minutes —March 29, 2022 Page 4 1 get rid of the 2 permits/20-day limit. Councilmember Butler stated Rose Park was designed to 2 host food trucks. He would like to allow food trucks in City parks for private events and sports 3 events. Mayor Bukkila stated she would approve of food trucks in City parks if they were requested 4 by the athletic association. The Council reached consensus to allow food trucks in parks if they 5 are contracted by an organization or private party. 7 Councilmember Barthel stated he is not a big fan of food trucks because the City has restaurants 8 that pay property taxes and food trucks don't. He likes the requirement that a food truck must be 9 150 feet from a restaurant. Mayor Bukkila noted new restaurants Tasty Taco and White Rabbit 10 have food trucks. Councilmember Butler approves of the requirement that a food truck must be 11 150 feet away from a restaurant unless they have consent of the owner. The Council reached 12 consensus to add this requirement. 13 14 Mr. Dickinson stated food truck owners have asked for a day, week, and annual option. 15 16 Mayor Bukkila asked how the City would enforce the Code. Mr. Dickinson stated enforcement 17 would be complaint driven and staff would attempt to gather dates on the application. 18 19 Councilmember Butler cautioned against over regulating food trucks. He stated the more complex 20 it is, the more difficult it is for the business owners. He suggested 30 days in any given location. 21 22 Mayor Bukkila suggested being loose with the Code and see how it works. She stated the fee 23 should be appropriate with the time spent to process the application. 24 25 Mr. Dickinson stated staff will update the Code based on Council feedback and bring it back for 26 review. 27 28 Mayor Bukkila requested one permit for the 60 -day season for Christmas tree sales. 29 30 2021 CHARITABLE GAMBLING REVIEW/DISCUSSION 31 32 The City Council is requested to review the Charitable Gambling report and discuss if the current 33 City efforts towards regulating lawful gambling in Andover are sufficient. Mr. Dickinson stated 34 the City taxes charitable gambling at .1 % to cover costs of regulating lawful gambling. He noted 35 the City collected $147,625 from charitable gambling and the funds must be used for public safety 36 or public service organizations. Mr. Dickinson reviewed the reports from Andover Hockey and 37 Andover Football. Andover City Council Workshop Meeting Minutes — March 29, 2022 Page 5 Mayor Bukkila stated she found a conflict in the spreadsheet that Andover Hockey has given the City $180,000 and the City has accounted for $140,000. Mr. Dickinson stated the $180,000 on the Andover Hockey spreadsheet pays for ice at the Community Center. The $140,000 is the 10% tax from gambling sales profits as required by City Code. 6 Mayor Bukkila stated she has been asked why the City can't be like Ramsey and use charitable 7 gambling funds for a sports facility. Mr. Dickinson stated the City can't use the 10% towards a 8 facility because it doesn't meet criteria. He stated the association can negotiate with the Gambling 9 Control Board to use funds on a brick -and -mortar project. Councilmember Barthel stated the 10 charitable gaming in Ramsey is run by the Lions. He stated the City may have made a deal with 11 the Lions. 12 13 Mayor Bukkila stated she is grateful to have this information and it is a good overview to see how 14 the athletic associations are contributing to the community. 15 16 Councilmember Barthel stated he is proud that Andover Football and Hockey are giving money to 17 other sports that don't have gambling. 18 19 FEBRUARY2022ANDOVER COMMUNITYCENTER UPDATE 20 21 The City Council is requested to receive an update on the Community Center for the month of 22 February. Mr. Dickinson reviewed the financial and usage data presented in the staff report. Mr. 23 Dickinson stated the new assistant manager has a lot of experience on events. A request for 24 proposal is out for the concession stand and applications are due the first week of April. 25 26 Councilmember Barthel stated he is impressed at how often the turf is being used. 27 28 Mayor Bukkila noted the report is ice arena and turf dominant and she is not seeing other activities. 29 Mr. Dickinson stated the information will be in the next staff report. 30 31 2023 BUDGET DEVELOPMENT GUIDELINES DISCUSSION 32 33 The City Council is requested to review and discuss budget development guidelines for 2023. Mr. 34 Dickinson stated the guidelines are the same as in years past and is not looking at making many 35 changes. Mr. Dickinson stated property tax valuation statements are coming out and he believes 36 the City will have more activity at the Local Board of Appeal. He explained the City and County 37 are getting public education information out on social media and other platforms. He stated the Andover City Council Workshop Meeting Minutes —March 29, 2022 Page 6 1 Andover increase for residential is 22.61%. He explained commercial values have gone down 2 0.76%. 3 4 Mayor Bukkila noted that the higher value homes aren't seeing as big of an increase as the homes 5 around $300,000. 6 7 OTHER ITEMS 8 9 Mr. Dickinson has been meeting with Connexus Energy to help find them a satellite facility and 10 antenna tower. They are interested in the old Public Works building. 11 12 Councilmember Holthus asked how the parking lot by the Veterans Memorial is going. Mr. 13 Dickinson stated it hasn't begun yet. Councilmember Holthus would like to see a sign and a 14 parking area. 15 16 ADJOURNMENT 17 18 Motion by Barthel, Seconded by Nelson, to adjourn the meeting at 7:56 p.m. Motion carried 19 unanimously. 20 21 Respectfully submitted, 22 23 24 Shari Kunza, Recording Secretary 25 TimeSaver Off Site Secretarial, Inc. 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 REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 5, 2022 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, April 5, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: PLEDGE OF No one anneared before AGENDA APPROVAL City Administrator Motion by Butler, unanimously. APPROVAL OF MINUTES Valerie Holthus, Jamie Barthel, Ted None City Administrator, Jim oe Janish Randy Nelson a supplemental item to the Consent Agenda as #9a. by Barthel, to approve the Agenda as amended. Motion carries March 15, 2022 Regular Meeting Minutes Motion by Nelson, Seconded by Barthel, to approve the March 15, 2022 Regular Meeting minutes Regular Andover City Council Meeting Minutes April S, 2022 Page 2 1 as presented. Motion carries 4 ayes, 1 present (Holthus). 2 3 CONSENT ITEMS 4 5 Item 2 Approve Payment of Claims 6 Item 3 Award Bid/22-15, 2022 Mill & Overlay: Chesterton Commons Area & Fox Hollow/22- 7 16, 2022 Mill & Overlay: Andover Boulevard NW/22-17,2022 Mill & Overlay: Bluebird 8 Street NW/22-08, 2022 Curb, Ped Ramp and Sidewalk Repairs (See Resolution R029- 9 22) 10 Item 4 Acknowledge & Accept Bid Results/22-03, 2022 Crack Sealing/22-05, 2022 Pavement 11 Markings 22-07, 2022 Trail Maintenance/22-10, 2022 Parking Lot Maintenance (See 12 Resolution R030-22) 13 Item 5 Accept Grant 2022 DNR Preparing for EAB Grants Program/22-31 14 Item 6 Approve Partners for Fish and Wildlife Program Landowner Agreement/Pine Hills North 15 Wetland Restoration/22-23 16 Item 7 Approve Final Plat - Andover Crossings - LGA Andover, LLC (Applicant) (See 17 Resolution R031-22) 18 Item 8 Approve Appointment - Engineering Technician 19 Item 9 Approve Hazardous Materials Emergency Preparedness Grant (See Resolution R032-22) 20 Item 9a Award City Contract for Ash Injections/21-20 EAB Management Program 21 22 Motion by Barthel, Seconded by Butler, to approve the Consent Agenda as read. Motion carries 23 unanimously. 24 25 DISCUSS/CONSIDER APPROVAL OF CITY CODE AMENDMENTS TO TITLE 3, 26 CHAPTER 5 TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS, AND CANVASSERS 27 28 The City Council is requested to discuss City Code amendments to Title 3, Chapter 5 Transient 29 Merchants, Peddlers, Solicitors, and Canvassers. City Administrator Dickinson stated the item is 30 related to mobile food units/food trucks. Mr. Dickinson reviewed information from the City 31 Council Workshop and presented proposed changes as written in the staff report. 32 33 Councilmember Butler asked if Item H exempted food trucks from the City Code. Mr. Dickinson 34 stated food trucks would be exempted just from needing a permit if on private property at a private 35 event and not open to the general public. 36 37 Councilmember Butler asked for clarification on Item D regarding vending in City parks. Mr. 38 Dickinson stated the Park Exclusive Use Permit will be issued to an organization and the 39 organization would need to agree to have a vendor at their event. Councilmember Butler requested Regular Andover City Council Meeting Minutes April 5, 2022 Page 3 1 adding language to Item D to make it clearer. Mr. Dickinson stated the Park Exclusive Use Permit 2 application can be edited to include a section about outdoor vending and requesting written 3 authorization from the organization seeking a Park Exclusive Use Permit. The Council reached 4 consensus to edit the Park Exclusive Use Application and add the following to Item D: "which 5 provides written authorization to the vendor". 6 7 Councilmember Butler requested a change to Item C allowing restaurants to have a food truck on 8 their property if they authorize it. The Council reached consensus to make this change to Item C. 9 10 Councilmember Butler requested Item A be changed to allow the vendor to operate 30 days per 11 calendar year. Mr. Dickinson explained State Statute permits a vendor to operate up to 21 days in 12 one location. He stated the Council can add days of operation, but the vendor would need to be at 13 a different location. The Council reached consensus to change Item A to state "...license shall be 14 no longer than 21 days at one location". 15 16 Mayor Bukkila asked if Item D could include residents if they have and Park Exclusive Use Permit. 17 The Council reached consensus to edit Item D to state "...organization or individual". 18 19 Mayor Bukkila asked if the vendor has a one-year permit, do they need to report their location to 20 the City. Mr. Dickinson stated the City would request the location for a daily and weekly permit. 21 He stated the application will be precise on providing a location. Tracking would need to be done 22 for the 21 days in one location, all other city codes need to be complied with. 23 24 Mayor Bukkila asked if the City Attorney had any concerns. City Attorney Baumgartner asked if 25 there was a requirement for insurance. Mr. Dickinson stated the application requires providing 26 proof of insurance. 27 28 Mayor Bukkila asked if a food truck was on private property, such as a church, can they operate 29 more than 21 days since Item H provides an exemption for private property. Mr. Dickinson stated 30 the vendor would need to abide by all other City Codes. Mr. Baumgartner suggested changing 31 Item H to state "Mobile Food Units which are hired to vend on private property for private events 32 shall not be required to obtain a permit. The Mobile Food Unit must be fully contained on private 33 property and must comply with State Statute". The Council reached consensus to add the 34 suggested language. 35 36 Mayor Bukkila stated the amendments improve the opportunity for businesses to be successful and 37 contributes to community harmony. 38 Regular Andover City Council Meeting Minutes April S, 2022 Page 4 1 Motion by Butler, Seconded by Nelson, to adopt Ordinance No. 529 amending City Code Title 3- 2 5, Transient Merchants, Solicitors and Canvassers with changes approved by Council. Motion 3 carries unanimously. 4 5 Motion by Barthel, Seconded by Nelson, to adopt Ordinance No. 530 amending the City Fee 6 Schedule and Summary Ordinance No. 529 for publication with changes approved by Council. 7 Motion carries unanimously. 9 ADMINISTRATOR'S REPORT 10 11 City Staff updated the Council on the administration and city department activities, legislative 12 updates, updates on development/CIP projects, and meeting reminders/community events. 13 14 (Administration) Mr. Dickinson stated the City is at 23 new home permits year to date. He stated 15 City staff are prepping for upcoming projects and transitioning from winter to spring. He reminded 16 the Council of the Board of Review meeting on April 18'h. He explained Andover home values 17 have increased around 23% which is in line with the County and State averages. He suggested that 18 residents call the County Assessor first and attend the Board of Review if they are not satisfied. 19 Mr. Dickinson announced Youth First's Annual Mayor's Prayer Breakfast on May 20`h. The 20 Veterans Memorial dedication is on Saturday, May 2151. 21 22 Councilmember Nelson asked how many miles of mill and overlay the City plans on this year. Mr. 23 Dickinson stated he will send the mileage to Council. 24 25 Councilmember Nelson asked if the City has received the funds for Street Bond. Mr. Dickinson 26 stated the City has received the dollars and has to spend over the course of the next three years. 27 Councilmember Nelson asked if the City could invest the funds for the short term. Mr. Dickinson 28 stated the funds are being invested in short-term bonds or CDs. 29 30 Mayor Bukkila asked Mr. Dickinson to share information about the House Committee hearing for 31 the Red Oaks neighborhood well concerns. Mr. Dickinson stated the Governor requested $12 32 million for the project in his bonding proposal. He stated the amount has been reduced to $9 million 33 in the House and the Senate. Mr. Dickinson explained the Senate and the House each have a bill 34 that includes the Red Oaks neighborhood. The Capital Investment Committee will have a hearing 35 on Thursday, April 7`h at 8:00 a.m. Mr. Dickinson stated projects are not usually approved without 36 a committee hearing. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Regular Andover City Council Meeting Minutes April S, 2022 Page 5 MAYOR/COUNCIL INPUT (Grant Awards) Councilmember Holthus commended Kameron Kytonen for his grant writing and acquiring grants listed in the Consent Agenda. ADJOURNMENT Motion by Barthel, Seconded by Nelson, to adjourn. Motion carries unanimously. The meeting adjourned at 7:32 p.m. Respectfully submitted, Shari Kunza, Recording Secretary TimeSaver OffSite Secretarial, Inc. Regular Andover City Council Meeting Minutes April S, 2022 Page 6 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 5, 2022 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims............................................................................................ 2 Item 3 Award Bid/22-15, 2022 Mill & Overlay: Chesterton Commons Area & Fox Hollow/22- 16,2022 Mill & Overlay: Andover Boulevard NW/22-17, 2022 Mill & Overlay: Bluebird Street NW/22-08, 2022 Curb, Ped Ramp and Sidewalk Repairs (R029-22).... 2 Item 4 Acknowledge & Accept Bid Results/22-03, 2022 Crack Sealing/22-05, 2022 Pavement Markings 22-07, 2022 Trail Maintenance/22-10, 2022 Parking Lot Maintenance (R030- 22).................................................................................................................................... 2 Item 5 Accept Grant 2022 DNR Preparing for EAB Grants Program/22-31 .............................. 2 Item 6 Approve Partners for Fish and Wildlife Program Landowner Agreement/Pine Hills North Wetland Restoration/22-23.................................................................................... 2 Item 7 Approve Final Plat - Andover Crossings - LGA Andover, LLC (Applicant) (R031-22) 2 Item 8 Approve Appointment - Engineering Technician ............................................................ 2 Item 9 Approve Hazardous Materials Emergency Preparedness Grant (R032-22) .................... 2 Item 9a Award City Contract for Ash Injections, 21-20 EAB Management Program ................. 2 DISCUSS/CONSIDER APPROVAL OF CITY CODE AMENDMENTS TO TITLE 3, CHAPTER 5 TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS, AND CANVASSERS (Ord. 529 & Ord. 530).......................................................................... 2 ADMINISTRATOR'S REPORT.................................................................................................... 4 (Administration).............................................................................................................................. 4 MAYOR/COUNCIL INPUT.......................................................................................................... 5 (Grant Awards)............................................................................................................................... 5 ADJOURNMENT........................................................................................................................... 5 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: April 19, 2022 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. DISCUSSION Claims totaling $230,123.90 on disbursement edit list #1-3 from 04/04/2022 to 04/15/22 has been issued and released. Claims totaling $1,097,315.27 on disbursement edit list #4 dated 04/19/2022 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 $1,327,439.17. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, _(_� Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: BrendaF �k Printed: 04/04/2022 - 11:42AM Batch: 00404.04.2022 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo01 Anoka Co Treasurer 04/04/2022 010141930-62005 Check Sequence: 1 ACH Enabled: False GIS032022 LOAR Cost Share - C0009171 325.00 04/04/2022 2210-41600-63005 GIS032022 LiDAR Cost Share -C0009171 25.00 04/04/2022 2220-41600-63005 G18032022 LiDAR Cost Share - C0009171 475.00 04/04/2022 2250-41600-63005 GIS032022 LiDAR Cost Share -C0009171 475.00 04/04/2022 414049300-63005 GIS032022 LiDAR Cost Share - C0009171 475.00 04/042022 5100-48100-63005 GIS032022 LiDAR Cost Share -C0009171 475.00 04/04/2022 5200-48200-63005 GIS032022 LiDAR Cost Share -C0009171 250.00 04/04/2022 530048300-63005 Check Total: 2,500.00 Vendor: Connext Connexus Energy Check Sequence: 2 ACH Enabled: False Public Works 1,212.77 04/04/2022 010141930-62005 386026-159276 Langseth Park 7.59 04/04/2022 010145000-62005 386026-174273 Hidden Creek North Park 15.18 04/04/2022 0101-45000-62005 386026-174280 Fox Meadows Park 38.51 04/04/2022 0101-45000-62005 386026-310245 Nordeens Park 7.10 04/04/2022 0101-45000-62005 386026-175703 Prairie Knoll Park 78.07 04/04/2022 0101-45000-62005 386026-175813 Creekview, Crossing Park 7.59 04/04/2022 010145000-62005 386026-175877 County Rd Intersect Lights 2,559.87 04/04/2022 010143500-62005 386026-176059 Subdivision Interior Street Lt 10,185.89 04/04/2022 0101-43600-62005 386026-176201 Tower#I 120.36 04/04/2022 5100-48100-62005 386026-178452 Fire Station#2 265.49 04/04/2022 010141920-62005 386026-178835 Lift Station #1 121.98 04/04/2022 520048200-62005 386026-178836 Pumphouse#2 185.14 04/04/2022 510048100-62005 386026-201125 Round Lake & 136th - Signal 19.21 04/04/2022 0101-43400-62005 386026-201283 Round Lake & 136th - Signal 22.86 04/042022 0101-00000-13201 386026-201283 Round Lake & 135th - Signal 18.52 04/04/2022 010143400-62005 386026-201284 Round Lake & 135th - Signal 22.18 04/04/2022 0101-00000-13201 386026-201284 County Road 9 & 116 - Signal 35.91 04/04/2022 0101-43400-62005 386026-201749 County Road 9 & 116 -Signal 17.45 04/04/2022 0101-00000-13201 386026-201749 Round Lake & 138th - Signal 56.43 04/04/2022 010143400-62005 386026-201751 Pumphouse #1 53.08 04/04/2022 5100-48100-62005 386026-201767 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 Alun Page 1 Invoice No Description Amount Payment Date Acct Number Reference Round Lake & 140th - Signal 48.00 04/04/2022 0101-43400-62005 386026-201777 North Woods West Park 13.50 04/04/2022 010145000-62005 386026-201868 Hanson & 138th Lane 18.81 04/04/2022 5300-48300-62005 386026-202678 Bunker & Hanson -Signal 84.24 04/04/2022 0101-43400-62005 386026-203068 Pumphouse #3 51.20 04/04/2022 510048100-62005 386026-203069 Round Lake & 161st- Signal 64.50 04/04/2022 010143400-62005 386026-230276 Hawkridge Park -Security Light 38.68 04/04/2022 0101-45000-62005 386026-230286 Sunshine Park 224.92 04/04/2022 0101-45000-62005 386026-230685 City Hall - Light 1,096.78 04/04/2022 010141910-62005 386026-231135 Pumphouse#4 918.69 04/04/2022 5100-48100-62005 386026-231280 City Hall Garage 19.27 04/04/2022 010141960-62005 386026-231281 Tower#2 45.35 04/04/2022 510048100-62005 386026-231282 Pumphouse #5 170.12 04/04/2022 510048100-62005 386026-237118 Hidden Creek E Pk -Sec Lightl 7.59 04/04/2022 010145000-62005 386026-238967 Pleasant Oaks -Security Light 7.59 04/04/2022 0101-45000-62005 386026-238968 Pumphouse #6 108.10 04/04/2022 5100-48100-62005 386026-245409 Kelsey/Rd Lk Pk -Security Light 7.59 04/04/2022 0101-45000-62005 386026-246004 Red Oaks W Pk -Security Light 7.59 04/04/2022 0101-45000-62005 386026-246005 Lift Station #2 72.24 04/04/2022 520048200-62005 386026-250066 Lift Station #3 58.05 04/04/2022 5200-48200-62005 386026-250421 Northwood E Pk -Security Light 7.59 04/04/2022 0101-45000-62005 386026-250587 Banker Lake & Heather St - Signal 37.27 04/04/2022 0101-43400-62005 386026-251490 Bunker Lake & Rose St- Signal 42.12 04/04/2022 0101-43400-62005 386026-251491 Bunker Lake & Jay St - Signal 45.00 04/04/2022 010143400-62005 386026-251653 Bunker Lake & Crosstown - Signal 49.39 04/04/2022 0101-43400-62005 386026-251654 Lift Station #4 181.52 04/04/2022 5200-48200-62005 386026-251905 Pumphouse #7 137.19 04/04/2022 5100-48100-62005 386026-255064 13551 Jay Street- Lights 169.98 04/04/2022 2110-00000-11310 386026-255962 Martin & Commercial - Lights 160.97 04/04/2022 2110-00000-11310 386026-255963 Pine Hills Park 7.59 04/04/2022 010145000-62005 386026-256788 Hidden Creek North Park 13.50 04/04/2022 010145000-62005 386026-261455 Shadowbrook East Park 21.09 04/04/2022 0101-45000-62005 386026-267140 City Hall Park Lighting 21.09 04/04/2022 0101-45000-62005 386026-268970 1600 Crosstown Blvd - Signal 61.39 04/04/2022 0101-43400-62005 386026-269010 2139 Bunker Lake - Signal 61.17 04/04/2022 0101-00000-11310 386026-269011 Terrace Park -Security Lights 7.59 04/04/2022 010145000-62005 386026-270409 Eveland Field -Security Lights 7.59 04/04/2022 0101-45000-62005 386026-270410 Wild Iris Park -Security Lights 21.09 04/04/2022 010145000-62005 386026-270411 Stmotman Park -Security Lights 14.29 04/04/2022 0101-45000-62005 386026-270412 Water Treatment Plant 4,112.74 04/04/2022 5100-48100-62005 386026-271472 Sunshine Park - Electric 67.97 04/04/2022 0101-45000-62005 386026-273153 Pumphouse #8 741.43 04/04/2022 510048100-62005 386026-273808 157007th Ave - Signal 44.31 04/04/2022 0101-43400-62005 386026-275108 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Lift Station #6 73.27 04/04/2022 5200-48200-62005 386026-275284 Prairie Knoll Park 351.59 04/04/2022 0101-45000-62005 386026-275569 Lift Station #7 44.89 04/04/2022 5200-48200-62005 386026-276742 Umber Trail Park Security Lights 8.91 04/04/2022 0101-45000-62005 386026-277955 Fire Station #3 694.65 04/04/2022 0101-41920-62005 386026-279236 Community Center 14,027.93 04/04/2022 2130-44000-62005 386026-281212 Lift Station #8 54.12 04/04/2022 5200-48200-62005 386026-281840 13914 Prairie Road- Signal 53.19 04/04/2022 0101-43400-62005 386026-282927 Andover Blvd & Hanson - Signal 59.43 04/04/2022 0101-43400-62005 386026-284894 Fire Station#1 635.10 04/04/2022 0101-41920-62005 386026-68989 Lift Station #5 34.04 04/04/2022 5200-48200-62005 386026-273019 Community Center Concession Stand 433.85 04/04/2022 2130-44100-62005 386026-281212 Signal 15390 Hanson Blvd 31.50 04/04/2022 010143400-62005 386026-287969 1157 Andover Blvd - Well #9 1,944.02 04/04/2022 510048100-62005 386026-286880 Signal 15698 Rd Lk Blvd 58.50 04/04/2022 0101-43400-62005 386026-290712 Lift Station #9 58.15 04/04/2022 520048200-62005 386026-287602 Country Oaks Park 5.00 04/04/2022 0101-45000-62005 386026-289790 14298 Round Lake - Signal 57.81 04/04/2022 0101-43400-62005 386026-279219 Andover Station North Ballfld 146.77 04/04/2022 0101-45000-62005 386026-292904 Andover St Ballfreld Lights 24.66 04/04/2022 010145000-62005 386026-292904 Andover St N Ballfield Lights 37.00 04/04/2022 0101-43500-62005 386026-292034 Electric Service 14.60 04/04/2022 0101-43500-62005 386026-230276 Wayside Hom - 1000 Crosstown Blvd. 20.08 04/04/2022 0101-43400-62005 386026-299229 Control Valve Vault 20.08 04/04/2022 5100-48100-62005 386026-201816 Signal - Crosstown & Andover Blvd. 36.58 04/04/2022 010143400-62005 386026-266238 Andover Station Il - Lights 249.75 04/04/2022 2110-00000-11310 386026-295855 1019 Andover Blvd - Wayside Hom 21.35 04/04/2022 0101-43400-62005 386026-297583 Crooked Lake Boat Shelter 15.46 04/04/2022 0101-45000-62005 386026-298796 Signal - 13976 Hanson Blvd. NW 46.96 04/04/2022 0101-43400-62005 386026-298781 Oak Bluff Park -Security Light 21.09 04/04/2022 0101-45000-62005 386026-299378 Bus Sign - 1721 Bunker Lk Blvd 19.27 04/04/2022 2110-00000-11310 386026-299532 Bus Sign - 13980 Hanson Blvd 36.23 04/04/2022 2110-00000-11310 386026-299533 ASN Street Lights 222.62 04/04/2022 2110-00000-11310 386026-299989 Siren#5 -2748161st Ave NW 5.00 04/04/2022 010142400-62005 386026-300397 Siren #12 - Bunker & Marigold St. NW 5.00 04/04/2022 0101-42400-62005 386026-300398 Siren #10- 145th & Vintage St. NW 5.00 04/04/2022 0101-42400-62005 386026-300399 Siren #11 - 138th Lane & Drake St. NW 5.00 04/04/2022 0101-42400-62005 386026-300400 Siren #6 - 16050 Constance Blvd. NW 5.00 04/04/2022 0101-42400-62005 386026-300401 Siren 48 - 1685 Crosstown Blvd. NW 5.00 04/04/2022 010142400-62005 386026-300402 Siren #2 - 174th & Round Lake Blvd. NW 5.00 04/04/2022 0101-42400-62005 386026-300403 Siren #9 - 139th & Crosstown Blvd. NW 5.00 04/042022 0101-42400-62005 386026-300404 Siren #7 - Andover Blvd. & Prairie Road 5.00 04/04/2022 010142400-62005 386026-300405 Siren #1 - 176th & Ward Lake Drive NW 5.00 04/04/2022 010142400-62005 386026-300406 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Siren #3 - 16860 Roanoke St. NW 5.00 04/04/2022 0101-42400-62005 386026-300407 Siren #4 - 158th & Dakota St. NW 5.00 04/04/2022 0101-42400-62005 386026-300408 Hawkridge Park - Service #2 36.58 04/04/2022 0101-45000-62005 386026-301889 Chesterton Commons Pk -Security 7.59 04/04/2022 0101-45000-62005 386026-301899 Country Oaks W Pk -Security 7.59 04/04/2022 0101-45000-62005 386026-301901 CH Campus Outdoor Hockey Rinks 87.36 04/04/2022 0101-45000-62005 386026-302015 Hills Bunker Lk W Pk Sec Light 21.09 04/04/2022 0101-45000-62005 386026-294591 13711 Crosstown Blvd NW 34.15 04/04/2022 2110-46500-62005 386026-303295 Sports Complex -3535161st Ave 137.93 04/04/2022 0101-45000-62005 386026-304108 Timber Trails Park 20.31 04/04/2022 010145000-62005 386026-308418 Round Lake & 136th 3.65 04/04/2022 010143500-62005 386026-201283 Round Lake & 135th 3.65 04/04/2022 0101-43500-62005 386026-201284 County Road 9 & 116 16.43 04/04/2022 0101-43500-62005 386026-201749 Round Lake & 138th 11.66 04/04/2022 0101-43500-62005 386026-201751 Bunker & Hanson 14.60 04/04/2022 010143500-62005 386026-203068 Round Lake 140th 14.60 04/04/2022 0101-43500-62005 386026-201777 Bunker Lake & Heather 17.49 04/04/2022 0101-43500-62005 386026-251490 Bunker Lake & Rose St 11.66 04/04/2022 010143500-62005 386026-251491 Bunker Lake & Jay 23.32 04/04/2022 0101-43500-62005 386026-251653 Signal Bunker & Crosstown 23.32 04/04/2022 0101-43500-62005 386026-251654 Signal Andover & Crosstown 23.32 04/04/2022 0101-43500-62005 386026-266238 Signal - 14298 Round Lake 11.66 04/04/2022 0101-43500-62005 386026-279219 Signal 15390 Hanson Blvd 14.60 04/04/2022 0101-43500-62005 386026-287969 Signal 15698 Round Lake Blvd 14.60 04/042022 0101-43500-62005 386026-290712 Signal 13976 Hanson BLvd 14.60 04/04/2022 0101-43500-62005 386026-298781 Shady Knoll Pk -Security Light 7.59 04/04/2022 0101-45000-62005 386026-304218 Altitude Control Vault 19.04 04/04/2022 5100-48100-62005 386026-303716 EDAReader Board 15.69 04/04/2022 211046500-62005 386026-303870 Recycling Center 47.01 04/04/2022 0101-46000-62005 386026-304690 15700 7th St. - Traffic Signal 14.60 04/04/2022 0101-43500-62005 386026-275108 Signal & Lights - 16119 Hanson 71.08 04/04/2022 0101-43400-62005 386026-305951 Crooked Lk Elementary Rink 44.15 04/04/2022 0101-45000-62005 386026-306807 Wash Station -Public Works 14.77 04/04/2022 010141930-62005 386026-308646 Andover Lions Park - brig 13.50 04/04/2022 010145000-62005 386026-310295 580 Bunker Lk Blvd -Tunnel Lts 41.31 04/04/2022 010143500-62005 386026-310043 961 Bunker Lk Blvd - Signal 58.62 04/04/2022 0101-43400-62005 386026-310044 2543 Bunker Lk Blvd (4-Plex) 21.46 04/042022 4520-49300-62005 386026-201803 2542138th Ave NW(4-Plex) 33.35 04/04/2022 4520-49300-62005 386026-73286 Siren #13 - 2139 172nd Ln NW 5.00 04/04/2022 010142400-62005 386026-314308 Lift Station #10 198.68 04/04/2022 5200-48200-62005 386026-315803 1990 Veterans Mem Blvd 140.82 04/04/2022 010141940-62005 386026-316035 2543 Bunker Lk Blvd #4 13.50 04/04/2022 4520-49300-62005 386026-201802 Siren #14 (located at FS #2) 5.00 04/04/2022 0101-42400-62005 386026-178835 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 1848 Veterans Mem Blvd 22.85 04/04/2022 0101-41930-62005 386026-317168 Vehicle Maintenance & Wash Bay 1,135.01 04/04/2022 6100-48800-62005 386026-314654 2527 Bunker Lk Blvd 29.51 04/04/2022 4520-49300-62005 386026-73271 21 Bunker Lk Blvd - Sign 16.38 04/04/2022 211046500-62005 386026-303872 13300 Hanson Blvd - Sign 16.85 04/04/2022 2110-46500-62005 386026-318046 2556 138th Ave (4-Plex) 30.58 04/04/2022 4520-49300-62005 386026-73288 2527 Bunker Lk Blvd #4 16.62 04/04/2022 4520-49300-62005 386026-201798 2621 Bunker Lk Blvd (4 -flex) 26.31 04/04/2022 4520-49300-62005 386026-73274 2607 Bunker Lk Blvd (4-Plex) 28.62 04/04/2022 4520-49300-62005 386026-73280 2542138th Ave#3 22.73 04/04/2022 4520-49300-62005 386026-201858 2543 Bunker Lk Blvd #2 17.77 04/04/2022 4520-49300-62005 386026-201800 2513 Bunker Lk Blvd 21.35 04/04/2022 4520A9300-62005 386026-201795 2543 Bunker Lk Blvd #1 16.38 04/04/2022 452049300-62005 386026-201799 2556 138th Ave #2 13.50 04/04/2022 4520-49300-62005 386026-201860 1594 Andover Blvd 14.60 04/04/2022 0101-43500-62005 386026-284894 Check Total: 46,532.30 Vendor: WellsFar Wells Fargo Bank Check Sequence: 3 ACH Enabled: False GFOA Dues for Jim 70.00 04/04/2022 010141200-61320 GFOA Dues for Lee & Melissa 140.00 04/04/2022 010141400-61320 Attorney General Fee 25.62 04/04/2022 0101-41200-61320 990 Filing Year End 199.90 04/04/2022 0101-41200-61320 Distilled Water for Unit #452 23.22 04/04/2022 6100-48800-61115 Tools 127.48 04/04/2022 0101-45000-61205 Misc. Supplies 2,296.09 04/04/2022 0101-45000-61020 Misc. Supplies 188.50 04/04/2022 0101-43100-61020 Misc. Supplies 69.62 04/04/2022 0101-45000-61105 Registration for MN Shade Tree Short Course 1,100.00 04/04/2022 0101-43100-61315 Training Supplies 30.00 04/04/2022 010142200-61015 Lodging for Blue Card FEMA 1,699.80 04/04/2022 010142200-61310 Registration for Conference 130.00 04/04/2022 0101-42200-61315 Misc. Supplies 20.00 04/04/2022 0101-42200-61020 Membership Dues 25.00 04/04/2022 0101-42200-61320 Food for Meetings 517.26 04/04/2022 0101-42200-61310 Mise. Supplies 361.86 04/04/2022 2130-44000-61020 Mise. Supplies for Pro Shop 530.75 04/04/2022 2130-44200-61020 Misc. Supplies 1,005.38 04/04/2022 2130-44300-61020 Subscription 35.00 04/04/2022 010143200-61325 Pop Machine 66.87 04/04/2022 7100-00000-24208 Community Center Electrical Room 1,035.00 04/04/2022 2130-44300-61020 Windows Pro 106.06 04/04/2022 0101-41420-61225 City Council Meeting 141.11 04/04/2022 0101-41100-61310 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Misc. Supplies 49.52 04/04/2022 5200-48200-61140 Water Pump 175.98 04/04/2022 6100-48800-61115 Vehicle License Tabs 47.66 04/04/2022 6100-48800-61415 DOT Stickers 74.50 04/04/2022 6100-48800-61320 Cell Phone Case 55.00 04/04/2022 0101-41600-61005 Registration MN Shade Tree Short Course 220.00 04/04/2022 0101-41600-61315 Athletic Association Meet & Greet 15.40 04/04/2022 010141600-61310 Misc. Supplies 60.08 04/04/2022 0101-42200-61020 Registration 15.00 04/04/2022 0101-42200-61315 License 70.00 04/04/2022 2130-44000-61320 Check Total: 10,727.66 Total for Check Run: 59,759.96 Total of Number of Checks: 3 AP -Computer Check Proof List by Vendor (04/04/2022 - 11:42 AM) Page 6 Accounts Payable Computer Check Proof List by Vendorc t T v OF 1,615.50 NDO User: AHeppell ";y7 Printed: 04/07/2022 - 8:58AM i 306.00 Batch: 00406.04.2022 0101-43300-61030 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 3M 3M 1,615.50 Check Sequence: 1 ACH Enabled: False 9415710533 3M Electrocut Film 1172C, Red 306.00 04/08/2022 0101-43300-61030 9415754145 3M Controltac Graphic Film with Comply 436.50 04/08/2022 0101-43300-61030 9415754151 3M Controltac Graphic Film with Comply 873.00 04/08/2022 0101-43300-61030 Check Total: 230.25 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 1 Check Total: 1,615.50 Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 2 ACH Enabled: False 7696050TO67 04/22 Commercial Waste 1,469.04 04/08/2022 2130-44000-62020 7700223TO67 04/22 Rental Property Garbage & Recycling 341.95 04/082022 452049300-62020 7701680TO67 0422 Rental Property Garbage & Recycling 159.28 04/08/2022 4520-49300-62020 Check Total: 1,970.27 Vendor: AcrStPro Across the Street Productions Check Sequence: 3 ACH Enabled: False TNV10935 Blue Card FEMA Grant 1,700.00 04/08/2022 0101-42200-61325 INVIO957 Blue Card FEMA Grant 346.50 04/082022 0101-42200-61325 Check Total: 2,046.50 Vendor: AmazonBa Amazon Capital Services Check Sequence: 4 ACH Enabled: False 112396899885274 Stock Items 8.49 04/08/2022 0101-41420-61225 112-6256158-762 Stock Items 17.98 04/08/2022 0101-41420-61225 16V9-64764HND Wali Dual Monitor Stand 33.99 04/08/2022 0101-41420-61225 1 WCF-4FNR-9P4K SunplusTrade 100 pes Exhaust Wrap 27.97 04/08/2022 0101-45000-61020 IYG-JD3F-XT7C Phone Case 22.58 04/08/2022 2130-44000-61020 Check Total: 111.01 Vendor: AnderEar Earl F. Andersen, Inc. Check Sequence: 5 ACH Enabled: False 0129184 -IN Drill Kit 230.25 04/08/2022 010143300-61105 Check Total: 230.25 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo14 Anoka Co Recorder Check Sequence: 6 ACH Enabled: False 22-14604/16183 Recording Fees 92.00 04/08/2022 0101-41500-63215 Check Total: 92.00 Vendor: AnkCo 16 Anoka Co Sheriff- Andover Check Sequence: 7 ACA Enabled: False Jan - Feb 2022 Boys High School Hockey Games 3,421.75 04/08/2022 2130-00000-24212 Check Total: 3,421.75 Vendor: BamRealE BAM Real Estate Check Sequence: 8 ACH Enabled: False 3-2022 March 2022 Rental Property Management 819.60 04/08/2022 4520-49300-63010 Check Total: 819.60 Vendor: BamumCo Barnum Companies, Inc. Check Sequence: 9 ACH Enabled: False 32703 Repair Gate @ Recycling Center 1,132.84 04/08/2022 0101-46000-63010 Check Total: 1,132.84 Vendor: CarrTree Carr's Tree Service Check Sequence: 10 ACH Enabled: False 22176 SC Cut Down Tree @ Wild Iris Park 1,100.00 04/082022 0101-45000-63010 Check Total: 1,100.00 Vendor: Centerpt CenterPoint Energy Check Sequence: 11 ACH Enabled: False 10809697-5 2543 Bunker Lk Blvd (4-plex) 299.02 04/08/2022 4520-49300-62015 10809697 11078651-4 Vehicle Maint Bldg 4,101.41 04/08/2022 6100-48800-62015 11078651-4 11078654-8 Cold Storage 814.08 04/08/2022 0101-41940-62015 11078654-8 11369721-3 2621 BunkerLkBlvd MAIN(4-plea) 282.07 04/08/2022 4520-49300-62015 11369721 11369722-1 2607 BmdrerLkBlvd MAIN(4-plex) 252.92 04/08/2022 452049300-62015 11369722 11527322-9 2513 Bunker Lk Blvd (Duplex) 21.61 04/08/2022 452049300-62015 11527322 5825952-4 Equipment Building 331.31 04/08/2022 0101-41950-62015 5825952 5840270-2 Water Treatment Plant 2,628.86 04/08/2022 5100-48100-62015 5840270 5840341-1 Prairie Knoll Park 70.97 04/08/2022 0101-41990-62015 5840341 5841153-9 Fire Station #1 1,166.85 04/08/2022 0101-41920-62015 5841153 5841451-7 Fire Station 42 973.31 04/08/2022 0101-41920-62015 5841451 5852601-3 Fire Station#3 1,303.66 04/08/2022 0101-41920-62015 5852601 5864630-8 Pumphouse #4 116.74 04/08/2022 5100-48100-62015 5864630 5883191-8 Sunshine Park 275.53 04/08/2022 0101-41970-62015 5883191 5893307-8 Well #1 143.88 04/08/2022 5100-48100-62015 5893307 59072264 Pumphouse#6 82.17 04/08/2022 5100-48100-62015 5907226 5927939-8 Pumphouse #7 131.67 04/08/2022 510048100-62015 5927939 5945463-7 Well #3 108.34 04/082022 510048100-62015 5945463 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 5950580-0 City Hall/Senior Center 1,311.09 04/08/2022 04/08/2022 010141910-62015 5950580 6122874-8 Litt Station 44 18.67 0101-41920-62030 04/08/2022 5200-48200-62015 6122874 6402167055-5 Lift Station #10 27.99 0101-41920-62200 04/08/2022 520048200-62015 6402167055 6402417246-8 2527 BunkerLkBlvd MAIN(4-plex) 13.15 4115279932 04/082022 4520-49300-62015 6402417246 6402418666-6 2527 Bunker LkBlvd #4 (4-plex) 34.77 Uniform Cleaning 04/08/2022 4520-49300-62015 6402418666 6402474382-1 2556 138th Ave MAIN (4-plex) 329.08 74.65 04/08/2022 4520-49300-62015 6402474382 6402630849-0 2542 138th Ave 0 (4-plex) 46.03 04/08/2022 452049300-62015 6402630849 7575198-2 ASN Ballfields 361.45 04/08/2022 04/08/2022 010141980-62015 7575198 7725077-7 Lift Station #1 17.73 04/08/2022 5200-48200-62015 7725077 8743371-0 Warming House 111.15 5088087686 04/08/2022 0101-45000-62015 8743371 Check Total: Vendor: CentColl Century College 993059 Fire Apparatus Operator Training 15,375.51 Check Sequence: 12 550.00 04/08/2022 0101-42200-61315 Check Total: 123.86 ACH Enabled: False ACH Enabled: False ACH Enabled: False Vendor: Comcast5 Comcast Check Sequence: 15 ACH Enabled: False 8772107890001086 Check Total: 550.00 04/08/2022 010141920-62030 763-421-9426 Vendor: CintasGK Cintas Corp - Cintas Loc #16K 71.12 04/08/2022 0101-41920-62030 Check Sequence: 13 4115279803 Floor Mat Rental 84.91 04/08/2022 04/08/2022 0101-41920-62200 4115279818 Uniform Cleaning & Shop Towels 143.10 04/08/2022 04/08/2022 610048800-61020 4115279932 Uniform Cleaning 130.68 04/08/2022 04/08/2022 0101-43100-61020 4115279932 Uniform Cleaning 18.67 04/08/2022 04/08/2022 0101-43300-61020 4115279932 Uniform Cleaning 74.65 04/08/2022 04/08/2022 0101-45000-61020 4115279932 Uniform Cleaning 18.68 04/08/2022 5100-48100-61020 4115279932 Uniform Cleaning 37.32 04/08/2022 520048200-61020 Check Total: 508.01 Vendor: CintasCo Cintas Corporation Check Sequence: 14 5088087686 Service First Aid Cabinet 25.90 04/08/2022 213044000-61020 5091659206 Service First Aid Cabinet 72.06 04/08/2022 2130-44000-61020 5095633506 Service First Aid Cabinet 25.90 04/08/2022 2130-44000-61020 Check Total: 123.86 ACH Enabled: False ACH Enabled: False ACH Enabled: False Vendor: Comcast5 Comcast Check Sequence: 15 ACH Enabled: False 8772107890001086 Fire Station #2 44.81 04/08/2022 010141920-62030 763-421-9426 8772107890001086 Fire Station #3 71.12 04/08/2022 0101-41920-62030 763-434-6173 8772107890001086 Public Works 19.49 04/08/2022 010141930-62030 763-755-8118 8772107890001086 Public Works 77.94 04/08/2022 5100-48100-62030 763-755-8118 8772107890001086 Water Treatment Plant 123.74 04/08/2022 5100-48100-62030 763-862-8874 8772107890001086 Community Center 199.16 04/08/2022 2130-44000-62030 763-755-2129 8772107890001086 Sunshine Park 44.81 04/08/2022 0101141970-62030 763-755-9189 AP -Computer Check Proof List by Vendor (04/072022 - 8:58 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 8772107890001086 City Hall 147.06 04/08/2022 0101-41910-62030 763-755-5100 8772107890001086 Andover Station N Ballfields 44.81 04/08/2022 0101-41980-62030 763-767-2547 8772107890001086 Public Works - Internet 182.40 04/08/2022 0101-41930-62030 8772107890001086 City Hall - Internet 182.40 04/0811022 0101-41910-62030 Check Total: 1,137.74 Vendor: CoonRapi City of Coon Rapids Check Sequence: 16 ACH Enabled: False 13556 Traffic Signal Crosstown & 133rd 32.48 04/082022 0101-43400-62005 13556 Traffic Signal Hanson & 133rd 24.98 04/08/2022 010143400-62005 Check Total: 57.46 Vendor: CoppleCa Cassie Copple Check Sequence: 17 ACH Enabled: False 00034397 Pool Escrow - 15323 Wren Street NW 1,500.00 04/08/2022 0101-00000-24217 Check Total: 1,500.00 Vendor: Caremark Coremark Metals Check Sequence: 18 ACH Enabled: False 5268566 Steel Tube & Galy Grip Strut 3,211.70 04/082022 610048800-61020 Check Total: 3,211.70 Vendor: COUntSSV Country Side Services of MN, Inc Check Sequence: 19 ACH Enabled: False 1-105795-01 Cutting Edge Kit 972.40 04/08/2022 0101-43200-61105 1-108364 Kit, Pivot Bolt for Unit #14-510 130.45 04/08/2022 610048800-61115 Check Total: 1,102.85 Vendor: Crysteel Crysteel Truck Equipment Check Sequence: 20 ACH Enabled: False FP186141 200 Hr Service Kit VR70 for Unit #08408 195.00 04/08/2022 6100-48800-61115 Check Total: 195.00 Vendor: DeptLabo Department of Labor & Industry Check Sequence: 21 ACH Enabled: False MARC140030042022 March 2022 Surcharge Report 2,583.39 04/08/2022 0101-00000-23201 MARCH0030042022 March 2022 Surcharge Report -51.67 04/08/2022 010142300-54325 Check Total: 2,531.72 Vendor: DickinJa James Dickinson Check Sequence: 22 ACH Enabled: False 2022 2022 Medical Flex Account 90.00 04/082022 0101-00000-21211 Check Total: 90.00 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) _ Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: EganSery Egan Service Check Sequence: 23 ACH Enabled: False MNT0000020645 Andover Blvd & Crosstown RR Maint 557.50 04/08/2022 0101-43400-62300 Check Total: 557.50 Vendor: FamgalK Kou Famgalo Check Sequence: 24 ACH Enabled: False 184206145 Applied in Error for MF License 50.00 04/08/2022 0101-42300-52175 Check Total: 50.00 Vendor: Frattalo Frattallone's Hardware Sto Check Sequence: 25 ACH Enabled: False 44465 Duct Tape & Tape Caution 20.27 04/08/2022 2130-44400-61020 44475 Misc. Supplies 88.40 04/08/2022 2130-44300-61020 Check Total: 108.67 Vendor: GopherSt Gopher State One -Call Inc Check Sequence: 26 ACH Enabled: False 2030178 Billable Locates 124.20 04/08/2022 5100-48100-63040 2030178 Billable Locates 124.20 04/08/2022 5200-48200-63040 Check Total: 248.40 Vendor: Grainger Grainger Check Sequence: 27 ACH Enabled: False 9255417660 Backpack Vacuum & Battery/Charger Kit 516.54 04/08/2022 2130-44000-61020 Check Total: 516.54 Vendor: HansonLy Lynn Ranson Check Sequence: 28 ACH Enabled: False 2022 Learn to Skate Coach 37.50 04/08/2022 2130-44300-63005 Check Total: 37.50 Vendor: Hawkins2 Hawkins Inc Check Sequence: 29 ACH Enabled: False 6151065 Chemicals for Water Treatment Plant 5,082.46 04/08/2022 5100-48100-61040 Check Total: 5,082.46 Vendor: HighPtNw High Point Networks - Check Sequence: 30 ACH Enabled: False 201114 High Point Networks Disaster Recovery 3,064.00 04/08/2022 0101-41420-62305 201114 High Point Networks Disaster Recovery 251.00 04/08/2022 2130-44000-62305 201114 High Point Networks Disaster Recovery 503.00 04/08/2022 5100-48100-62305 201114 High Point Networks Disaster Recovery 503.00 04/08/2022 5200-48200-62305 201114 High Point Networks Disaster Recovery 251.00 04/08/2022 5300-48300-62305 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 6 Check Total: 4,572.00 Vendor: InvCloud Invoice Cloud Inc Check Sequence: 31 ACH Enabled: False 1405-2022_3 Mar 2022 IC Transaction Payment Fee 18.75 04/08/2022 0101-43600-63010 1405-2022_3 Mar 2022 IC Transaction Payment Fee 305.00 04/08/2022 510048100-63010 1405-2022_3 Mar 2022 IC Transaction Payment Fee 220.00 04/08/2022 5200-48200-63010 1405-2022_3 Mar 2022 IC Transaction Payment Fee 55.00 04/08/2022 5300-48300-63010 Check Total: 598.75 Vendor: LanoEqui Lane Equipment, Inc. Check Sequence: 32 ACH Enabled: False 02-901591 Couplers for Unit H I8-610 & Stock 137.42 04/08/2022 610048800-61115 Check Total: 137.42 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 33 ACH Enabled: False P01785 Uniform 62.50 04/08/2022 0101-42200-61305 P06309 Strap, Door, Pull & Loop Footman 47.73 04/08/2022 010142200-61205 P06328 Strap, Door, Pull 224.11 04/08/2022 0101-42200-61205 P06339 Strap, Door, Pull 111.06 04/08/2022 010142200-61205 P06552 Returned RSI Shelf Paint 469.25 04/08/2022 0101-42200-61205 P06681 Switch Prox NC 198.45 04/08/2022 6100-48800-61115 Check Total: 174.60 Vendor: McMullcG Gabrielle McMullen Check Sequence: 34 ACH Enabled: False 2022 Learn to Skate Coach 34.50 04/08/2022 2130-44300-63005 Check Total: 34.50 Vendor: MEDAIIia MED Alliance Group, Inc. Check Sequence: 35 ACH Enabled: False 231743 Cover, Disposable, EleGARD 114.78 04/08/2022 0101-42200-61020 Check Total: 114.78 Vendor: McmctovE Emmy Memetova Check Sequence: 36 ACH Enabled: False 2022 Soccer Coach 66.00 04/08/2022 2130-44400-63005 Check Total: 66.00 Vendor: Menards Menards Inc Check Sequence: 37 ACH Enabled: False 69343 Poly Coated Gloves & Latex Gloves 26.23 04/08/2022 0101-43100-61020 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 7 Check Total: 26.23 Vendor: MNLifeln Minnesota Life Insurance Company Check Sequence: 38 ACH Enabled: False 0034706/241217 April 2022 Premium 18.33 04/08/2022 0101-42200-60330 0034706/241217 April 2022 Premium 44.08 04/08/2022 0101-00000-21205 0034706/241217 April 2022 Premium 76.76 04/08/2022 7100-00000-21218 0034706/241217 April 2022 Premium 2,022.75 04/08/2022 0101-00000-21205 Check Total: 2,161.92 Vendor: Minutema Minuteman Press Check Sequence: 39 ACH Enabled: False 980789 Business Cards for Jason Baumunk 43.30 04/08/2022 0101-43100-61020 980789 Business Cards for Jason Baumunk 43.29 04/08/2022 0101-45000-61020 Check Total: 86.59 Vendor: MT1Dist MTI Distributing Inc Check Sequence: 40 ACH Enabled: False 1337323-00 Parts for Unit #15-563 525.28 04/082022 6100-48800-61115 1337323-01 Parts for Unit #15-563 532.66 04/08/2022 6100-48800-61115 Check Total: 1,057.94 Vendor: GlantzN N.Glantz & Sons LLC Check Sequence: 41 ACH Enabled: False 16595553-00 Mlsc. Sign Supplies for Fun Fest 416.03 04/08/2022 0101-43300-61030 Check Total: 416.03 Vendor: NACMech NAC Mechanical & Electrical Services Check Sequence: 42 ACH Enabled: False 196121 Troubleshoot Eyewash Station 324.00 04/08/2022 2130-44300-63105 Check Total: 324.00 Vendor: NoS[Sign North Star Signs & Engraving Check Sequence: 43 ACH Enabled: False 24530 Name Plate for Matt Cmmton 28.50 04/08/2022 5100-48100-61005 24530 Name Plate for Luke Frisco 18.50 04/08/2022 0101-41500-61005 24554 Name Tag for Randy Nelson 18.00 04/08/2022 0101-41100-61005 Check Total: 65.00 - Vendor: NussTrek Nuss Truck & Equipment Check Sequence: 44 ACH Enabled: False 4033343 Parts to Repair Unit #11-207 5,122.08 04/08/2022 6100-48800-61115 4033343 Labor to Repair Unit #11-207 4,550.00 04/08/2022 6100-48800-63135 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 8 Check Total: 9,672.08 Vendor: OffDepot Office Depot Check Sequence: 45 ACH Enabled: False 228849014002 CH Office Depot Supplies 5.05 04/08/2022 0101-41200-61005 228849014002 CH Office Depot Supplies 6.72 04/08/2022 0101-41500-61005 228849014002 CH Office Depot Supplies 5.05 04/08/2022 0101-41600-61005 228849014002 CH Office Depot Supplies 8.41 04/08/2022 0101-42300-61005 228849014002 CH Office Depot Supplies 3.36 04/08/2022 010141230-61005 228849014002 CH Office Depot Supplies 1.69 04/08/2022 0101-41300-61005 228849014002 CH Office Depot Supplies 3.36 04/08/2022 0101-41400-61005 235630191001 CC Office Depot Supplies 53.62 04/08/2022 2130-44000-61005 235630191001 CC Office Depot Supplies 53.61 04/08/2022 2130-44300-61005 235632399001 CC Office Depot Supplies 92.25 04/08/2022 2130-44000-61005 235632399001 CC Office Depot Supplies 92.24 04/08/2022 2130-44300-61005 Check Total: 325.36 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 46 ACH Enabled: False 3253-235520 Air & Oil Filters 169.22 04/082022 6100-48800-61115 3253-236644 Oil Filters 27.98 04/082022 610048800-61115 3253-236653 Oil Filters for Stock & Fuel/Wtr Sup for #4893 33.83 04/08/2022 610048800-61115 3253-236653 Copper Plug, Spark Plug & Vpower Plug 30.08 04/08/2022 610048800-61020 3253-236833 Oil Filters 14.59 04/08/2022 610048800-61115 3253-236876 Oil Filters 14.59 04/08/2022 6100-48800-61115 3253-237214 Copper Plugs 6.78 04/08/2022 6100-48800-61020 Check Total: 297.07 Vendor: RepSvices Republic Services #899 Check Sequence: 47 ACH Enabled: False 0894-005639319 Shredding Service 650.60 04/082022 0101-46000-63010 Check Total: 650.60 Vendor: SchuNurs Schumacher's Nursery Check Sequence: 48 ACH Enabled: False 504568 Trees 1,885.80 04/08/2022 2230-41600-63010 Check Total: 1,885.80 Vendor: ShemMW Sherwin Williams Co. Check Sequence: 49 ACH Enabled: False 6552-7 PAINT 156.30 04/08/2022 0101-45000-61020 Check Total: 156.30 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Slothlns Sloth Inspections, Inc. Check Sequence: 50 ACH Enabled: False March 2022 2021 Electrical Inspections 1,832.50 04/08/2022 0101-42300-63005 March 2022 2022 Electrical Inspections 1,410.00 04/08/2022 0101-42300-63005 Check Total: 3,242.50 Vendor: SnapOn Snap-On Industrial Check Sequence: 51 ACH Enabled: False ARV / 52194620 Crevice Tool W Brush 4.93 04/08/2022 6100-48800-61205 Check Total: 4.93 Vendor: SOTAClea SOTA Clean LLC Check Sequence: 52 ACH Enabled: False 1063 March 2022 Maintenance Cleaning 1,780.35 04/08/2022 2130-44400-63005 Check Total: 1,780.35 Vendor: SupSolut Supply Solutions LLC Check Sequence: 53 ACH Enabled: False 36392 M Fold Paper Towels 57.39 04/08/2022 6100-48800-61025 Check Total: 57.39 Vendor: Timesave Timesaver Check Sequence: 54 ACH Enabled: False M27185 City Council Meeting 154.00 04/08/2022 0101-41100-63005 M27185 Park & Recreation Meeting 154.00 04/082022 0101-45000-63005 Check Total: 308.00 Vendor: TolalCon Total Control Systems, Inc Check Sequence: 55 ACH Enabled: False 10126 Well #5 & 46 Cradlepoint Monthly Service 270.00 04/08/2022 5100-48100-62030 Check Total: 270.00 Vendor: TrustlnU Trust in Us Workplace Drug & Alcohol Testing Check Sequence: 56 ACH Enabled: False 93797 E -Cup Post Accident 55.00 04/08/2022 0101-41230-63005 Check Total: 55.00 Vendor: TCPropMt Twin Cities Property Maintenance Inc Check Sequence: 57 ACH Enabled: False 18469 Clean Out Bldg to Prep for Demo 2,081.75 04/082022 4520-49300-63105 Check Total: 2,081.75 Vendor: USBank U.S. Bank Check Sequence: 58 ACH Enabled: False 6465413 MN Gen Obligation Equip Certs, 2020A 500.00 04/08/2022 321447000-66350 6471753 Andover, MN GO Bonds 2009A 500.00 04/08/2022 5100-48100-66350 AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: Total of Number of Checks: 1,000.00 1,080.00 1,080.00 637.92 100.00 205.00 97.00 42.00 1,081.92 132.95 392.95 417.90 417.90 67.90 67.90 77.90 1,575.40 501.50 392.00 893.50 81.778.35 62 Check Sequence: 59 04/08/2022 0101-41420-62305 Check Sequence: 60 04/082022 010141910-62030 04/08/2022 0101-41920-62030 04/08/2022 0101-41930-62030 04/08/2022 2130-44000-62030 04/08/2022 5100-48100-62030 Check Sequence: 61 04/08/2022 0101-41970-63010 04/08/2022 0101-41980-63010 04/08/2022 0101-41920-63010 04/082022 0101-41910-63010 04/08/2022 0101-41930-63010 04/082022 6100-48800-63010 04/08/2022 0101-41920-63010 Check Sequence: 62 04/08/2022 0101-45000-62200 04/08/2022 0101-00000-24201 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACA Enabled: False AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 10 Check Total: Vendor: Untangle Untangle, Inc. PF04052022MT Education Premium -Ed Check Total: Vendor: VoyantCo Voyant Communications 0030943220401 Phone Service @ City Hall 0030943220401 Phone Service @ Fire Stations 0030943220401 Phone Service @ Public Works 0030943220401 Phone Service @ Comm Ctr 0030943220401 Phone Service @ WTP Check Total: Vendor: WHSecuri WH Security 150-1682-7288 Security System @ Sunshine Park 150-1693-9665 Security System @ ASN 150-1693-9665 Security System @ FS#1 150-1694-3764 Security System @ City Hall 150-1694-6826 Security System @ Public Works 150-1694-9717 Security System @ Vehicle Maint 150-1697-0765 Security System @ FSO Check Total: Vendor: WnwkScw Wrack Sewer and Portable Rental 10350 Portable Toilet Rental 10350 Portable Toilet Rental Check Total: Total for Check Run: Total of Number of Checks: 1,000.00 1,080.00 1,080.00 637.92 100.00 205.00 97.00 42.00 1,081.92 132.95 392.95 417.90 417.90 67.90 67.90 77.90 1,575.40 501.50 392.00 893.50 81.778.35 62 Check Sequence: 59 04/08/2022 0101-41420-62305 Check Sequence: 60 04/082022 010141910-62030 04/08/2022 0101-41920-62030 04/08/2022 0101-41930-62030 04/08/2022 2130-44000-62030 04/08/2022 5100-48100-62030 Check Sequence: 61 04/08/2022 0101-41970-63010 04/08/2022 0101-41980-63010 04/08/2022 0101-41920-63010 04/082022 0101-41910-63010 04/08/2022 0101-41930-63010 04/082022 6100-48800-63010 04/08/2022 0101-41920-63010 Check Sequence: 62 04/08/2022 0101-45000-62200 04/08/2022 0101-00000-24201 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACA Enabled: False AP -Computer Check Proof List by Vendor (04/07/2022 - 8:58 AM) Page 10 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 04/14/2022- 3:22PM Batch: 00411.04.2022 Invoice No Description Amount Payment Date Acct Number Vendor: AbleHose Able Hose And Rubber Check Sequence: 1 227318-001 Nozzles 66.02 04/15/2022 6100-48800-61115 227318-001 Mise. Supplies 9.57 04/15/2022 6100-48800-61020 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 1 Check Total: 75.59 Vendor: AlexAir Alex Air Apparatus, Inc. Check Sequence: 2 5291 Compressor Service 956.44 04/15/2022 0101-42200-63010 5292 Compressor Service 956.44 04/15/2022 0101-42200-63010 Check Total: 1,912.88 Vendor: AnkCo02 Anoka Cc Property Tax Div Check Sequence: 3 00062-2000 PP 15200 Hanson Blvd NW - Subway 2,257.82 04/15/2022 2130-44100-62035 083224330036 Fire Station #2 69.14 04/15/2022 0101-41920-62020 133224320007 Fire Station #3 155.54 04/15/2022 0101-41920-62020 223224340085 Well [-louse 53.24 04/15/2022 5100-48100-62020 223224410003 Community Center 545.16 04/15/2022 2130-44000-62020 223224410006 City Hall 545.16 04/15/2022 0101-41910-62020 223224420003 WTP 545.16 04/15/2022 5100-48100-62020 223224420008 Wamring House 53.24 04/15/2022 0101-45000-62020 223224420014 Vehicle Maint 545.16 04/15/2022 6100-48800-62020 223224420015 Public Works 545.16 04/15/2022 0101-41930-62020 223224430002 Sunshine 172.86 04/15/2022 0101-45000-62020 253224220011 Prairie Knoll 53.24 04/15/2022 0101-45000-62020 293224420006 RLE Parcel 152.18 04/15/2022 4501-49300-62035 323224120072 Rose Park 53.24 04/15/2022 0101-45000-62020 323224130044 WT#1 53.24 04/15/2022 5100-48100-62020 333224130011 2607 Bunker Lake Blvd NW 5,123.60 04/15/2022 4520-49300-62035 333224130043 2621 Bunker Lake Blvd NW 4,908.66 04/15/2022 4520-49300-62035 333224140014 2557 Bunker Lake Blvd NW - 865.98 04/15/2022 4520-49300-62035 333224140015 2543 Bunker Lake Blvd NW 5,014.52 04/15/2022 4520-49300-62035 333224140016 2527 Bunker Lake Blvd NW 6,079.20 04/15/2022 4520-49300-62035 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 333224140017 2513 Bunker Lake Blvd NW 3,433.50 04/15/2022 4520-49300-62035 333224140022 2526138th Ave NW 865.98 04/15/2022 4520-49300-62035 333224140023 2542 138t Ave NW 6,052.40 04/15/2022 4520-49300-62035 333224140024 2556138th Ave NW 5,304.70 04/15/2022 4520-49300-62035 333224140038 Fire Station #1 155.54 04/152022 0101-41920-62020 343224120004 Andover Station North 53.24 04/15/2022 0101-45000-62020 353224130058 Well House 53.24 04/15/2022 5100-48100-62020 Check Total: 43,710.10 Vendor: AnkCo01 Anoka Cc Treasurer Check Sequence: 4 ACH Enabled: False ES -00010389 Used Oil Class I License Fee 100.00 04/15/2022 6100-48800-63200 Check Total: 100.00 ' Vendor: AspenMil Aspen Mills Check Sequence: 5 ACH Enabled: False 291343 Uniform for Christina Edwards 266.00 04/152022 0101-42200-61305 291531 Collar Brass 49.25 04/15/2022 0101-42200-61305 Check Total: 315.25 Vendor: Barton Barton Sand & Gravel Co. Check Sequence: 6 ACH Enabled: False 220331 Cold Patch 1,387.40 04/15/2022 0101-43200-61105 Check Total: 1,387.40 Vendor: CDW CDW Government, Inc. Check Sequence: 7 ACH Enabled: False V144613 Monitor for Kameron 287.56 04/15/2022 0101-41420-61225 V210411 Headset for Building Dept. 329.24 04/15/2022 0101-42300-61020 V356567 Monitor for Melissa 174.39 04/15/2022 0101-41420-61210 Check Total: 791.19 Vendor: CedMFrid Cedar Management, Inc Check Sequence: 8 ACH Enabled: False Feb 2022 Mgmt February 2022 Management Fee 200.00 04/152022 452049300-63010 Feb 2022 Mgmt February 2022 Labor & Parts 198.42 04/15/2022 4520-49300-63105 May 2022 Mgmt March 2022 Management Fee 200.00 04/15/2022 452049300-63010 Mar 2022 Mgmt March 2022 Labor & Parts 251.03 04/15/2022 4520-49300-63105 Check Total: 849.45 Vendor: CentColl Century College Check Sequence: 9 ACH Enabled: False 00753532 Pumping & Ariel Operations Book 90.00 04/15/2022 0101-42200-61315 994862 Fire Instructor I Course 850.00 04/15/2022 010142200-61315 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 994865 Fire Instructor Course 425.00 04/15/2022 0101-42200-61315 Check Total: 1,365.00 Vendor: CintasGK Cintas Corp - Cintas Loc #16K Check Sequence: 10 ACH Enabled: False 4115960700 Floor Mat Rental 40.08 04/15/2022 0101-41910-62200 Check Total: 40.08 Vendor: CoreMain Core & Main LP Check Sequence: I1 ACH Enabled: False Q617314 Homs 4,415.50 04/15/2022 5100-48100-61035 Q637189 Meters 3,967.52 04/15/2022 5100-48100-61035 Check Total: 8,383.02 Vendor: ECM ECM Publishers, Inc. Check Sequence: 12 ACH Enabled: False 884809 Monthly Recycling Program 260.00 04/15/2022 0101-46000-63025 885097 April 12 PH Title 4 Amendments 78.75 04/15/2022 0101-41500-63025 885098 April 12 PH Title 12 Amendment 84.38 04/15/2022 0101-41500-63025 885099 April 12 PH Molly Prof Bldg 84.38 04/15/2022 010141500-63025 885100 April 12 PH Sunshine Park Rezone 90.00 04/15/2022 0101-41500-63025 885101 April 12 PH Wetlands Rezoning 84.38 04/15/2022 0101-41500-63025 885983 April 18 Board ofAppeal/P.quali 67.50 04/15/2022 0101-41400-63025 Check Total: 749.39 Vendor: FarngalK Kou Farngalo Check Sequence: 13 ACH Enabled: False 184206145 Applied in Error 75.00 04/15/2022 010142300-52170 Check Total: 75.00 Vendor: Ferrelig Ferrellgas Check Sequence: 14 ACH Enabled: False 1118782233 Bulk Propane 76.91 04/15/2022 6100-48800-61020 Check Total: 76.91 Vendor: HachCo Hach Company Check Sequence: 15 ACH Enabled: False 12960092 Chemicals for Water Treatment Plant 593.50 04/15/2022 5100-48100-61040 Check Total: 593.50 Vendor: HenSchei Henry Schein, Inc. Check Sequence: 16 ACH Enabled: False 18635057 Yankauer Tip & Tube Non Vented 36.38 04/15/2022 0101-42200-61020 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PK Page 4 Check Total: 36.38 Vendor: HotsyEqu Betsy Minnesota Check Sequence: 17 ACH Enabled: False 12746 Part to Repair Unit #20-390A 185.08 04/15/2022 610048800-61115 12746 Labor to Repair Unit #20-390A 129.00 04/15/2022 6100-48800-63135 Check Total: 314.08 Vendor: InterBat Interstate All Battery Center Check Sequence: 18 ACH Enabled: False 1901201009973 Batteries 36.30 04/15/2022 010142200-61005 Check Total: 36.30 Vendor: KLMEngin KLM Engineering, Inc. Check Sequence: 19 ACH Enabled: False 8825 Verizon Modification - Tower #2 1,250.00 04/15/2022 7200-00000-24207 Check Total: 1,250.00 Vendor: Locs Lee's Oil Company Check Sequence: 20 ACH Enabled: False 89051 Recycling Oil Filters & Anti -Freeze 117.50 04/15/2022 OI01-46000-63010 89179 Recycling Oil Filters 35.00 04/15/2022 0101-46000-63010 89271 Recycling Oil Filters 35.00 04/15/2022 010146000-63010 Check Total: 187.50 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 21 ACH Enabled: False P06734 Parts for Unit #4800 208.69 04/15/2022 6100-48800-61115 P40941 Fan -Pusher for Unit#169 325.32 04/15/2022 6100-48800-61115 W04208 Labor for Repair on Unit #4825 58.00 04/15/2022 6100-48800-63135 Check Total: 592.01 Vendor: MakinenD Dana Makinen Check Sequence: 22 ACH Enabled: False 2022 2022 Medical Flex Account 811.20 04/15/2022 0101-00000-21211 Check Total: 811.20 Vendor: Malwareb Malwarebytes Corporation Check Sequence: 23 ACH Enabled: False INI00145751 Malwarebytes Endpoint Detection & Response 4,045.60 04/15/2022 0101-41420-62305 Check Total: 4,045.60 Vendor: Marco Marco Technologies LLC Check Sequence: 24 ACH Enabled: False 469701155 3 Month Contract - 05/01/2022 - 08/01/2022 1,827.96 04/15/2022 0101-41420-62305 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PK Page 4 Invoice No Description Amount Payment Date Acct Number Reference 469701155 3 Month Contract -05/01/2022-08/01/2022 913.98 04/15/2022 0101-42300-62305 469701155 3 Month Contract -05/01/2022-08/01/2022 456.99 04/15/2022 0101-42200-62305 469701155 3 Month Contract -05/01/2022-08/01/2022 1,142.47 04/15/2022 2130-44000-62305 469701155 3 Month Contract - 05/01/2022 - 08/01/2022 228.50 04/15/2022 5100-48100-62305 Check Total: 4,569.90 Vendor: Menards Menards Inc Check Sequence: 25 ACH Enabled: False 69400 Misc. Supplies 204.30 04/15/2022 OI01-41910-61120 69465 Misc. Supplies 45.26 04/15/2022 0101-41910-61120 69465 Miter Saw&Blade 298.99 04/15/2022 0101-41910-61205 69541 Misc. Supplies 12.97 04/15/2022 6100-48800-61020 Check Total: 561.52 Vendor: MetMechC Metropolitan Mechanical Contractors, Inc. Check Sequence: 26 ACH Enabled: False 184475560 Duplicate Contractor License 50.00 04/15/2022 0101-42300-52175 Check Total: 50.00 Vendor: MNEquipn Minnesota Equipment Check Sequence: 27 ACH Enabled: False P30137 Parts for Unit 410-604 16.46 04/15/2022 610048800-61115 Check Total: 16.46 Vendor: MTIDist MTI Distributing Inc Check Sequence: 28 ACH Enabled: False 1338825-00 Tires for Unit 565 1,070.20 04/15/2022 610048800-61115 Check Total: 1,070.20 Vendor: NoS[Towi North Star Towing, Inc. Check Sequence: 29 ACH Enabled: False 83512 Tow Unit #589 to Shop 146.00 04/15/2022 6100-48800-63135 Check Total: 146.00 Vendor: OffDepot Office Depot Check Sequence: 30 ACH Enabled: False 233772535001 Office Supplies 103.27 04/15/2022 0101-42200-61005 235283569001 Toner for Engineering 114.66 04/15/2022 0101-41600-61005 Check Total: 217.93 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 31 ACH Enabled: False 3253-233412 Absorbent 77.88 04/15/2022 0101-42200-61005 3253-237254 Oil Filters 9.98 04/15/2022 6100-48800-61115 3253-237256 Floor Mats for Unit #18-66 25.99 04/15/2022 6100-48800-61115 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 3253-237909 Oil Filters 28.80 04/15/2022 6100-48800-61115 3253-237933 Oil Filters 9.98 04/15/2022 6100-48800-61115 3253-238159 Glass Support for Unit#6 48.62 04/15/2022 6100-48800-61115 3253-238370 Capsule for Unit #13-94 & Stock 19.48 04/15/2022 6100-48800-61115 3253-238557 Oil Filters for Unit #4825 & Stock 9.98 04/15/2022 610048800-61115 3253-238572 Air Filter for Unit #6 7.47 04/15/2022 6100-48800-61115 3253-238637 Parts for Unit #6 72.76 04/15/2022 6100-48800-61115 3253-238641 Disn Assy for Unit #6 35.05 04/15/2022 6100-48800-61115 3253-238733 Ign Wire Set for Unit #6 43.57 04/15/2022 610048800-61115 3253-238736 Oil Pressure Switch for Unit #6 23.58 04/15/2022 6100-48800-61115 3253-238815 Return Parts for Unit #6 -14.83 04/15/2022 6100-48800-61115 Check Total: 2,285.50 ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 6 Check Total: 398.31 Vendor: RedpathC Redpath and Company Check Sequence: 32 150469237 2021 Year End Financial Audit 3,451.00 04/15/2022 010141400-63005 150469237 2021 Year End Financial Audit 967.00 04/15/2022 510048100-63005 150469237 2021 Year End Financial Audit 967.00 04/15/2022 520048200-63005 150469237 2021 Year End Financial Audit 292.00 04/15/2022 530048300-63005 150469237 2021 Year End Financial Audit 295.00 04/15/2022 2110-46500-63005 150469237 2021 Year End Financial Audit 128.00 04/15/2022 222041600-63005 Check Total: 6,100.00 Vendor: RenkoCon Renko Construction Check Sequence: 33 220604 Asbestos hap. @ 2543 Bunker Lake Blvd 1,400.00 04/15/2022 4520-49300-63105 Check Total: 1,400.00 Vendor: RESPEC RESPEC Check Sequence: 34 INV -0422-005 2022 2nd Qtr Fulcrum Subscription 134.00 04/15/2022 5100-48100-63005 INV -0422-005 2022 2nd Our Fulcrum Subscription 134.00 04/15/2022 5200-48200-63005 INV -0422-005 2022 2nd Qtr Fulcrum Subscription 133.50 04/15/2022 4140-49300-63005 INV -0422-005 20222nd Qtr Fulcrum Subscription 134.00 04/15/2022 225041600-63005 INV -0422-005 20222nd Qtr MapFeeder Subscription 125.00 04/15/2022 0101-41600-62305 INV -0422-005 20222nd Qtr MapFeeder Subscription 375.00 04/15/2022 0101-43300-62305 INV -0422-005 2022 2nd Qtr MapFeeder Subscription 250.00 04/15/2022 010145000-62305 INV -0422-005 20222nd Qtr MapFeeder Subscription 375.00 04/15/2022 2210-41600-62305 INV -0422-005 2022 2nd Qtr MapFeeder Subscription 375.00 04/15/2022 4140-49300-62305 INV -0422-005 2022 2nd Qtr MapFeeder Subscription 125.00 04/15/2022 5100-48100-62305 INV -0422-005 20222nd Qtr MapFeeder Subscription 125.00 04/15/2022 530048300-62305 Check Total: 2,285.50 ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Vendor: RICCAR Riccar Check Sequence: 35 ACH Enabled: False 2022-00517 Refund Duplicate Permit 72.00 04/15/2022 0101-42300-52190 Check Total: 72.00 Vendor: S&Slnd S & S Industrial Supply Check Sequence: 36 ACH Enabled: False 322716 Rolloc Disc Pad 50.25 04/15/2022 6100-48800-61020 Check Total: 50.25 Vendor: Schaeffe Schaeffer Mfg, Co. Check Sequence: 37 ACH Enabled: False MLH2249-INV I Tire Sealant & 2 -Cycle Oil 382.46 04/15/2022 6100-48800-61020 Check Total: 382.46 Vendor: StarTri2 Star Tribune Check Sequence: 38 ACH Enabled: False 10962115 IPad Subscription -04/24/22-05/22/22 26.42 04/15/2022 0101-41200-61320 Check Total: 26.42 Vendor: TmstlnU Trust in Us Workplace Drug & Alcohol Testing Check Sequence: 39 ACH Enabled: False 93900 TIU Onsite Collection 365.00 04/15/2022 010141230-63005 Check Total: 365.00 Vendor: UhlCompa Uhl Company Check Sequence: 40 ACH Enabled: False 67956 2022 2nd Qtr Preventative Maint Contract 2,337.50 04/15/2022 2130-44000-63010 Check Total: 2,337.50 Vendor: Verizon Verizon Wireless Check Sequence: 41 ACH Enabled: False 9903179781 Storm Water Pump 25.02 04/15/2022 5300-48300-62030 9903179782 Hawkridge Park Trail Cams 50.04 04/15/2022 0101-45000-62030 Check Total: 75.06 Vendor: WmckSew Wmck Sewer and Portable Rental Check Sequence: 42 ACH Enabled: False 10830 Portable Toilet Rental 763.25 04/15/2022 0101-45000-63010 Check Total: 763.25 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 88,585.59 Total of Number of Checks: 42 AP -Computer Check Proof List by Vendor (04/14/2022 - 3:22 PM) Page 8 Accounts Payable Computer Check Proof List by Vendor User: BmndaF Printed: 04/15/2022 - 8:33AM Batch: 00419.04.2022 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo01 Anoka Co Treasurer Check Sequence: 1 ACH Enabled: False S220404A/130856 2022 2nd Qtr Law Enforcement Contract 834,371.50 04/19/2022 0101-42100-63010 Check Total: 834,371.50 Vendor: BeBaK1Gl Berglund, Baumgartner, Kimball & Glaser, LLC Check Sequence: 2 ACH Enabled: False Andover March 2022 Legal Services 17,348.17 04/19/2022 010141240-63015 Andover March 2022 EDA Legal Services 180.00 04/19/2022 2110-46500-63015 Andover Fields of Winslow Cove 495.00 04/19/2022 7200-00000-24202 Check Total: 18,023.17 Vendor: CompMine Compass Minerals America Check Sequence: 3 ACH Enabled: False 976854 Bulk Coarse Salt for Streets 11,184.17 04/19/2022 0101-43200-61125 977510 Bulk Coarse Salt for Streets 12,731.75 04/19/2022 0101-43200-61125 Check Total: 23,915.92 Vendor: CountSSv Country Side Services of MN, Inc Check Sequence: 4 ACH Enabled: False 1-106018-01 Plow for New Truck 5,361.62 04/19/2022 5200-48200-65400 1-106018-01 Plow for New Truck 5,361.63 04/19/2022 5300-48300-65400 Check Total: 10,723.25 Vendor: Hakanson Hakanson Anderson Assoc., Check Sequence: 5 ACH Enabled: False 48083 Traffic Signal -CSAH 7 & 143rd Ave 17,127.50 04/19/2022 7200-00000-24203 48083 Traffic Signal - CSAH 7 & 143rd Ave 17,127.51 04/19/2022 7200-00000-23201 Check Total: 34,255.01 Vendor: MetCounR Metro Council Wastewater Check Sequence: 6 ACH Enabled: False 0001137710 May 2022 Sewer Service 113,691.89 04/19/2022 5200-48200-63230 Check Total: 113,691.89 AP -Computer Check Proof List by Vendor (04/15/2022 - 8:33 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MetCounE Metropolitan Council Environmental Services Check Sequence: 7 ACH Enabled: False March 2022 March 2022 SAC Report 22,365.00 04/19/2022 0101-00000-23201 March 2022 March 2022 SAC Report -223.65 04/19/2022 0101-41400-58100 Check Total: 22,141.35 Vendor: MnUnempl Minnesota Unemployment Ins. Check Sequence: 8 ACH Enabled: False 2022 IstQu- 2022 Ist Qtr Unemployment Benefits Paid 3,332.28 04/19/2022 2130-44000-60510 2022 1st Qtr 2022 Ist Qtr Unemployment Benefits Paid 13,045.90 04/19/2022 6200-48900-60510 Check Total: 16,378.18 Vendor: TmutWel Traut Companies Check Sequence: 9 ACH Enabled: False 346783 Well 6 - Lower VHS Pump 40 FT 11,480.00 04/19/2022 5100-48100-63115 346784 Well 7 - Lower VHS Pump 40 FT 12,335.00 04/19/2022 5100-48100-63115 Check Total: 23,815.00 Total for Check Run: 1,097,315.27 Total of Number of Checks: 9 AP -Computer Check Proof List by Vendor (04/15/2022 - 8:33 AM) Page 2 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 Ad Joe Janish, Community FROM: Jake Griffiths, Associate Planner (9) SUBJECT: Approve Resolution Revoking Accessory Dwelling Unit Conditional Use Permit — 4815 159th Ave NW — Planning DATE: April 19, 2022 On March 16, 2021, the City Council granted Gordon & Margaret Kliber of 4815 —159th Ave NW a conditional use permit (CUP) to construct an accessory dwelling unit at their property located in an R-1 Single Family Rural district. Since that time City staff has been in contact with Mr. & Mrs. Kliber regarding their project and on March 23, 2022, they informed City staff that they no longer planned on moving forward with their project at this time. A copy of Res. No. 029-21 which granted the CUP is attached for your review. ACTION REQUESTED The City Council is asked to approve the attached Resolution Revoking Conditional Use Permit Res. No. 029-21. If in the future Mr. & Mrs. Kliber would like to construct an accessory dwelling unit on their property they would need to obtain a new conditional use permit at that time. Respectfully subm' Jake Griffiths Associate Planner Attachments Resolution Revoking Conditional Use Permit Res. No. 029-21 Copy of Res. No. 029-21 Granting Conditional Use Permit Copy of Communication with Mr. & Mrs. Kliber CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ftI ►• A RESOLUTION REVOKING THE CONDITIONAL USE PERMIT GRANTED TO GORDON & MARGARET KLIBER TO CONSTRUCT AN ACCESSORY DWELLING UNIT AT 4815 159TH AVE NW ANDOVER, MINNESOTA, 55304 AND LEGALLY DESCRIBED AS: THE E 1/2, AS MEAS ALG THE N & S LINES OF THE S 712.40 FT OF THE E 1/2 OF THE NE 1/4 OF THE SE 1/4; EX RD; SUBJ TO EASE OF REC WHEREAS; Gordon & Margaret Kliber were granted a Conditional Use Permit on March 16, 2021 (Res. No. 029-21) to construct an accessory dwelling unit as a conditional use within the R- 1: Single -Family Rural district at Gordon & Margaret Kliber's property located at 4815 159th Ave NW (PID# 13-32-25-41-0006); and, WHEREAS; Gordon & Margaret Kliber were the owners of the subject property at the time of approval and remain the current property owners; and, WHEREAS; on March 23, 2022, Gordon & Margaret Kliber informed the City of Andover that they no longer planned on constructing the accessory dwelling unit at this time and that City of Andover may at its discretion inactivate the Conditional Use Permit; and, WHEREAS; on March 23, 2022, and currently, Gordon & Margaret Kliber were and remain the owners of the property located at 4815 159th Ave NW (PID# 13-32-25-41-0006); upon which the Conditional Use Permit was granted and has the authority to request this revocation of the Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby revokes the Conditional Use Permit granted to Gordon & Margaret Kliber to construct an accessory dwelling unit at the property located at 4815 159th Ave NW, Andover, Minnesota 55304 (PID# 13-32-25-41-0006). Adopted by the City Council of the City of Andover on this 19th day of April 2022. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor ANOKA COUNTY MINNESOTA Document No.: 2310739.004 ABSTRACT 03/29/202112:09 PM Fees/Taxes in the Amount of: $46.00 Pamela J. LeBlanc Anoka County Properly Records and Taxation Property Tax Administrator and Recorder/Registrar of Titles Deputy: skhenjum CITY OF ANDOVER ) COUNTY OF ANOKA ) ss STATE OF MINNESOTA ) I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution Number R029-21 with the original record thereof preserved in my office and have found the same to be a true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 25h day of March 2021. CITY OF ANDOVER MidielIe Hartner — Deputy City Clerk 13-32-25-41-0006 4815 159th Ave. NW Abstract CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R029-21 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN ACCESSORY DWELLING UNIT, LOCATED AT 4815 159TH AVE NW, LEGALLY DESCRIBED AS: THE E 1/2, AS MEAS ALG THE N & S LINES OF THE S 712.40 FT OF THE E 1/2 OF THE NE 1/4 OF THE SE 1/4; EX RD; SUBJ TO EAES OF REC WHEREAS; Margaret Kliber has requested a conditional use permit for an accessory dwelling unit and is the property owner as of the date of this resolution, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9, 2021 pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends.to the City Council approval of the Conditional Use Permit request. NOW, THEREFORE, BB IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for an accessory dwelling unit located at 4815 159th Ave NW, subject to the following conditions: 1. Applicant must obtain a building permit from the City of Andover prior to construction, as well as any other permits to obtain their desired outcome including but not limited to secondary driveway/curb out permit, watershed permits, etc. 2. The property owner must reside in either the primary residence or the ADU as their permanent residence according to State Law. 3. The ADU must not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. The ADU's floor area shall be no more than 900 square feet and no less than 400 square feet. 5. The ADU shall be separated a minimum of twenty feet (20') from the primary residence. 6. The ADU shall meet the setback requirements for an accessory structure as specified by City Code. 7. The ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence as determined by the Chief Building Official. 8. The ADU shall not extend beyond the height of the primary structure or the maximum height as established by City Code for its respective zoning district, whichever is less. 9. The ADU shall have a permanent foundation. 10. The ADU shall be constructed and maintained in compliance with all State laws, State building code and City Code requirements. 11. Rental of the ADU or the principal dwelling unit shall require a rental license prior to operation pursuant to the City Code at the time of license application. 12. If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. Adopted by the City Council of the City of Andover on this 161' day of March, 2021. CITY OF ANDOVER ^ �" ATTEST: ` She�ri, ukkila,ra}Tar—� Mi helle Harmer, Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV December 14, 2021 Gordon & Margaret Kliber 4815 — 159th Ave NW Andover, MN 55304 Re: Reminder — Conditional Use Permit Sunset Mr. & Mrs. Kliber: On March 16, 2021 the Andover City Council approved a Conditional Use Permit for an Accessory Dwelling Unit (ADU) at your property located at 4815 — 159th Ave NW. A copy of the City Council resolution is enclosed for your review. I would like to remind you that Condition #12 of the Conditional Use Permit states "If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void". Accordingly, City officials will evaluate whether or not significant progress on the ADU has been made on March 16, 2022. If you still plan on constructing the ADU but are unable to make significant progress by March 16, 2022 an extension to the Conditional Use Permit will be required. Please contact me for further guidance on the extension process if this is something you would like to consider. If you have any questions please do not hesitate to contact me. �ectfully/2i Jake Griffiths Associate Planner City of Andover j.griffiths@andovermn.gov 763.767.5142 Enclosure: Copy of City Council Resolution No. R029-21 Jake Griffiths From: Gordy Kliber Sent: Wednesday, March 23, 2022 1:46 PM To: Jake Griffiths Subject: Re: Accessory Dwelling Unit - CUP EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. At this time we are not moving forward with building. It is just too expensive. On Wed, Mar 23, 2022, 12:02 PM Jake Griffiths <Lgriffiths@andovermn.gov> wrote: Good morning Gordy, I hope you are doing well. I wanted to reach out as it has been just over a year since the City Council approved your conditional use permit for an accessory dwelling unit (ADU) on your property and I'm not showing that any building permits have been applied for to build the ADU. Condition #12 of the City Council's approval was that "if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void". In response to this I wanted to reach out and see if you were still planning on constructing an ADU on your property. Please let me know your plans as soon as possible so that we can either work out an extension to the conditional use permit or have the City Council close out your conditional use permit. If you have any questions please let me know. Thanks. Jake Griffiths I Associate Planner I City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5142 1 Lgriffiths@andovermn.gov Jake Griffiths From: Gordy Kliber <gkliber@gmail.com> Sent: Wednesday, March 30, 2022 11:19 AM To: Jake Griffiths Subject: Re: Accessory Dwelling Unit - CUP Hello, I guess we are confused because we thought that our permit for the ADU was good from now on. We did not realize it depended on when we built the unit. But if that is the way it is i guess this is my statement stating it may be closed. Peggy On Tue, Mar 29, 2022 at 10:32 AM Jake Griffiths <j.griffiths@andovermn gov> wrote: Good morning Gordy, Following up on my email from last week, could you please send me an email stating that you are fine with the City inactivating the conditional use permit since you no longer plan on doing your project? If you have any questions please feel free to let me know. Thanks. i Jake Griffiths I Associate Planner I City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5142 1 i.griffiths@andovermn.gov From: Jake Griffiths Sent: Wednesday, March 23, 2022 2:27 PM To: Gordy Kliber <gkliber(cagmail.com> Subject: RE: Accessory Dwelling Unit - CUP Gordy, I'm sorry to hear that. Since you no longer plan on building, could you send me an email stating that you are fine with the City inactivating the conditional use permit? I will then take this to our City Council as part of their consent agenda to formally close the conditional use permit. If you have any questions please let me know. Thanks. 1 Jake Griffiths I Associate Planner I City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5142 1 I•griffiths@andovermn.gov From: Gordy Kliber <gkliber@gmail.com> Sent: Wednesday, March 23, 2022 1:46 PM To: Jake Griffiths <i.griffiths@andovermn.gov> Subject: Re: Accessory Dwelling Unit - CUP EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. At this time we are not moving forward with building. It is just too expensive. On Wed, Mar 23, 2022, 12:02 PM Jake Griffiths <l,griffiths@andovermn.gov> wrote: Good morning Gordy, I hope you are doing well. I wanted to reach out as it has been just over a year since the City Council approved your conditional use permit for an accessory dwelling unit (ADU) on your property and I'm not showing that any building permits have been applied for to build the ADU. Condition #12 of the City Council's approval was that "if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void". In response to this I wanted to reach out and see if you were still planning on constructing an ADU on your property. Please let me know your plans as soon as possible so that we can either work out an extension to the conditional use permit or have the City Council close out your conditional use permit. If you have any questions please let me know. Thanks. Jake Griffiths I Associate Planner ) City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 ANbbq___(• `� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrato: FROM: Michelle Hartner, Deputy City Ch SUBJECT: Approve Therapeutic Massage Therapist License/15190 Bluebird Street NW, Suite 108 DATE: April 19, 2022 INTRODUCTION Bridgette Lovelace-Cokett, Healthyself Therapeutic Massage 15190 Bluebird Street NW, Suite 108 has applied for a Therapeutic Massage Therapist License. DISCUSSION Ms. Lovelace-Cokett has applied for a Therapeutic Massage Therapist license, paid the appropriate fee, and been approved by the Sheriff s Office. ACTION REQUIRED The City Council is requested to approve the license for the period of April 20, 2022 through December 31, 2022. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Application 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 Applicant Ft Middle / Last 2. Applicant's Date of Birth(mustbei8ye sold) 3. Telephone Number of Applicant _ 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 V a Business. Provide address of business 1 5 1/ o 7. Number of years experience as a massage therapist 5 8. Previous employment as a massage therapist (list name, address and position held: �tar�e e1- d -s. — �1'hwr�&Toy) dy C_�, ropr &-) SF .tfn+lony, .4/1/11, M s� P �Um� X P� , soVay j iv , M ssaS� �� P 9, 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 more 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 your drivers license. Licenses expire on December 31a1 of each year. Lack of payment of annual licensing fee shall be cause for revocation of license, t slgnatwe otApplicant Date man Ono a as Oam as M■Ra up No RON sun ONO YON a■MIEN NONNNa RaaN■■■■N as Now man RON, No Massage Therapist Application Fee: $175N Annually (includes Investigation fee) i° License # bate Approve:_ Deny:_ City Clerk: Approve Deny City Council: Approve Deny 50 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator / Finance Erick Sutherland, Recreational Facilities Mar (763) 755-5100 Accept Contribution / Denny Madden / Andover YMCA Community Center April 19, 2022 INTRODUCTION This item is in regard to approving a resolution accepting a contribution made by Denny Madden towards the Andover YMCA Community Center Donor Wall. DISCUSSION Denny Madden has made a one-time contribution of $1,000.00. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully Submitted, Erick Sutherland Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER, ANDOVER YMCA COMMUNITY CENTER DONOR WALL. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $1,000.00 contribution from Denny Madden is to be used towards the Andover YMCA Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover YMCA Community Center. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of April, 2022 with Councilmembers voting 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 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2023 Budget Development Guidelines DATE: April 19, 2022 INTRODUCTION City Administration and Finance are starting to focus on the 2023 Annual Operating Budget Development process and is looking to the City Council to establish the Council's guidelines for the preparation of the 2023 Annual Operating Budget. DISCUSSION The following are suggested 2023 Budget Development guidelines (like 2022) for consideration discussed at the March Council Workshop meeting_ 1) A commitment to a City Tax Capacity Rate to meet the needs of the organization and positioning the City for long-term competitiveness using sustainable revenue sources and operational efficiencies. (attached is a summary spreadsheet of Anoka County 2022 valuations and an informational item from the Anoka County Newsletter) 2) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than 45% of planned 2023 General Fund expenditures and the preservation of emergency fund balances (snow emergency, public safety, facility management & information technology) through targeting revenue enhancements or expenditure limitations in the 2022 adopted General Fund budget. 3) A commitment to limit the 2023 debt levy to no more than 25% of the gross tax levy and a commitment to a detailed city debt analysis to take advantage of alternative financing consistent with the City's adopted Debt Policy. 4) A comprehensive review of the condition of capital equipment to ensure that the most cost- effective replacement schedule is followed. Equipment will be replaced based on a cost benefit analysis rather than a year -based replacement schedule. 66 5) The use of long-term financial models that identify anticipated trends in community growth and financial resources that will help designate appropriate capital resources for future City needs. The financial models will be used in the budget planning process to ensure that key short-term fiscal targets are in line with long-term fiscal projections. 6) Continued commitment to strategic planning targeted toward meeting immediate and long- term operational, staffing, infrastructure and facility needs. 7) A management philosophy that actively supports the funding and implementation of Council policies and goals, and a commitment to being responsive to changing community conditions, concerns, and demands, and to do so in a cost-effective manner. ACTION REQUESTED The Council is requested approve the proposed 2023 Budget Development guidelines, for developing the 2023 Annual Operating Budget. submitted, Jim ND OVE%0 t#,p 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Receive March 2022 City Investment Reports DATE: April 19, 2022 INTRODUCTION Summary reporting of the City Investment portfolio to the Governing body is a recommended financial practice and often viewed positively by rating agencies. Furthermore, the City of Andover Investment Policy recommends the Finance Director presents to the City Council at least quarterly the type of investments held by the City. DISCUSSION Attached is the Investment Maturities Summary for March 2022 the March 2022 Investment Detail Report, and the March 2022 Money Market Funds Report These attachments are intended to provide a status report on the March 2022 investments ACTION REQUESTED Informational, Council is requested to review and receive the March 2022 Investment Reports. submitted, Investment Maturities - March 2022 Investment Maturities (in Years) Credit Fair Less Than More Than Investment Type Rating % of Total Value 1 1 - 5 6-10 10 Money market funds (WF) N/A 2.32% $ 1,345,288 $ 1,345,288 $ $ $ MN Municipal Money Market Fund (4M) N/A 1.41% 814,760 814,760 Certificates of deposit FDIC 21.69% 12,573,795 7,086,209 5,487,586 Local governments A/Al/A2 0.10% 60,597 60,597 - - AA/AAI/AA2/AA3 11.41% 6,615,297 2,151,126 3,682,960 781,212 AAA 8.08% 4,683,306 589,105 3,335,769 758,433 State governments A/Al/A2 0.00% - - - - AA/AAI/AA2/AA3 1.28% 741,750 741,750 AAA 1.82% 1,056,697 501,485 555,212 - U.S. agencies AAA 51.89% 30,078,850 12,858,187 16,636,385 584,278 Total investments 100.00% $ 57,970,341 $ 25,406,757 $ 30,439,662 $ 2,123,923 $ Deposits 2,352,313 Total cash and investments $ 60,322,654 March 2022 Investment Detail Description Cusip Number Credit Rating) FDIC If Type Purchase Price Carrying Cost Malurdy Amount Interest Rate Current Market Value Date Acquired Coupon Date Maturity) Due Date Satre National Bank Capital One Bk USA Nab Assoc Capital One Nag Assn Tiara FSB _ _ _ Washington Trst Westerly Mizuho Bank USA Beal Bank USA_ First Nag Bk of Albany -TX _ Goldman Sachs Bank Southside Bank BankUnged _ Bmdesco BAC Fl. Bk Bank of China/NY Lakeland Bank Wex Bank _ Colorado Federal Svgs Bk Farmers State Bank First Comm Bk USA Webbank New York Community Bank Medallion Bank Utah Beal Bank - Plano TX Texas Bank Financial Bank of India First Nag Bk of America Meridian Bank Academy Bank NA Bank Hapoalim BM NY Guthrie County State Bank Kaufman TX Saint Anthony MN Burlington WI Albert Lea MN Watertown ISD #14-4 _ Emerson NJ Black Hawk Cnty IA New Ulm MN Alexandria MN ISD #206 Green Bay WI West Bend WI Shelbyville KY Little Chute Wl _ W Palm Beach R Monroe WI _ Bexar CntyTX 78658RES6 26876 CD 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 0.100% 1.350% 1.350% 0.100_% 0.050% 0.050% 0.060_% 0.200% 2.100% _0.200% 0.100% 0.050% 244,982.85 245,049.00 245,049.00 244,980.40 244,887.30 244,848.10 244,779.50 244,710.90 248,215.24 244,710.90 244,196.40 244,130.25 244,125.35 245,294.00 244,064.10 243,941.60 243,941.60 243,787.25 243,804.40 243,740.70 243,787.25 243,755.40 243,576.55 244,617.80 243,686.80 243,422.20 243,111.05 242,870.95 244,142.50 60.597.00 204,004.00 100,000.00 102,069.00 212,631.30 99,927.00 200,318.00 203,552.00 272,211.30 60,000.00 100.000.00 100,156.00 171,047.20 100.419.00 maturity semi-annual semi-annual maturity maturity maturity maturity semi-annual semi-annual semi-annual maturity maturity maturity semi-annual _semi-annual maturity _semi-annual maturity maturity semi-annual maturity maturity semi-annual maturity maturity maturity semiannual semi-annual maturity semi-annual semi-annual semi-annual semi-annual semi-annual semiannual _semi-annual semi-annual semi-annual semi-annual _semi-annual semi-annual_ semi-annual_ semi-annual _semi-annual semi-annual 04/08/21 04/08/20 04/08/20 04/09/21 05/24/21 05/26/21 09/22/21 07/24/20 none 04/07/22 04/08/22 04/08/22 04/08/22 05/11/22 05/26/22 06/22122 07/25122 07/25/22 07/25/22 09/15/22 09/16/22 09/22/22 09/30/22 10/11/22 10/28/22 10/31/22 11/18/22 11/18/22 12/12/22 12/16/22 12/21/22 12/23/22 12/28/22 12/29/22 01/20/23 01/30123 02/16/23 03/31/23 02/15/13 02/01/23 04/01/22 _02/01/23 08/01/22 08/15/22 06101/22 12/01/22 02101/23 04/01/22 04/01/22 06/01_/22 08/01/22 10/01/22 14042TDG9 14042RPL9 87270LDU4 940_637NN7 60688M2Y9 07371CSU4 32117WAP7 38149MDR1 84470OLY7 066519RG6 10420LAB0 06428FTX5_ 511640AX2 92937CKJ6 19646PAR5 31034RFY6 31984WAP9 947547NP6 649447UF4 _ 58404DMMO 07371ATD5 882213AH4 06279KZ33 32110YUW3 58958PJF2 004000&13 06251A2T6 40341PAZ1 486206KR5 787260R75 4297 33954 CD 245,000.00 10/08/20 10/08/20 none none none none 01/24/21 CD 245,000.00 34775 CD 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 247,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 _23623 21843 _57833 _3067 33124 18297 CD CD 245,000.00 245,000.00 245.000.00 _245,000.00 247,000.00 245,000.00 245,000.00 245,000.00 CD CD 245,000.00 _ 245,000.00 247,000.00 245,000.00 245,000.00 245,000.00 CD 07/24/19 01/24/20 CD 07/24/20 09/15/21 09/17/21 09/22/21 03/30/20 04/09/21 10/29/21 10/30/20 11/18/21 11/19/21 12/11/20 12/16/21 12/22/21 12/23/20 03/31/22 12/30/21 01/21/22_ 07/28/21 07/14/21 03/31/22 06/28/16 12/11/20 07/20/20 58979 21265 CD 245.000.00 245,000.00 _01/24/21 none none none 09/30/20 10/09/21 none 04/30/21 none none 06/11/21 none CD 33653 CD CD CD CD CD CD 245,000.00 245,000.00 _19953 34697_ 33111 12855 34496 34404 _16022_ 57449 32574 _26967 33648 17438 57777 19600 33686 226 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 _0.100% 1.100_% 0.150% 0.150% 0.150% 0.140% 0.150% _0.200% 0.250% 0.250% 0.150% 0.750% 0.250% 0.250% 0.150% 0.150% 0.950% 3.000% 4.000% 2.000% 4.000% _5000% 1.000% 2.000% 4.000% 3.000% 2.900% 1.900% 2.000% 245,000.00 245,000.00 _245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 245,000.00 61,821.00 CD 245,000.00 245,000.00 245,000.00 CD CD CD _CD CD CD CD CD 245,000.00 245,000.00 245,000.00 245,000.00 _245,000.00 245,00_0.00 245,000.00 none _06/23/21 _ none none_ _ none 01/28122 08/16/21 none 02/15/17 none none none_ CD CD 245,000.00 61,821.00 A3 AA local 60,000.00 200,000.00 local 216,076.00 102,789.00 216,076.00 102,789.00 122133MZ1 _012788ZS7_ AA- local 100,000.00 AA- AA+ AA+ AA2 local 108,038.00 108,038.00 100,000.00 12111120 05/07/21 07/01/21 11/24/20 12/11/20 01/21115 local 222,408.90 100,839.00 222,408.90 100,839.00 204,996.00 210,000.00 100,000.00 200,000.00 none _942170LF6 291065GU8 092059VC5 local none local 204,996.00 06101/21 06/01/20 none none none 12/01/21 none 10/01/16 none none _ 6490247D2 _ AA2 local 214,950.00 214,950.00 200,000.00 0151311.06 392641WV4 9514288NO 822261BU6 _537054NL8 9551168E7 611407KM8 088281KD1 AA2 AA3 AA3 AA3 AA3 AA3 AA3 AAA local local tical local local local 279,760.50 279,760.50 270,000.00 60,000.00 100,000.00 100,000.00 170,000.00 100,000.00 225,000.00 300.000.00 61,320.00 97,805.00 101,682.00 179,106.90 101,245.00 230,769.00 307,767.00 61,320.00 11/13/19 01/11/18 06/24/11 97,805.00 _ 101,6_82.00 179,106.90 101,245.00 230,769.00 3.000% 07/20/20 07/05/16 10/27/20 07/21/21 2.264% local local 1.500% 3.000% 224,790.75 301,221.00 03101/23 307,767.00 06/15/22 7,086,209.34 CD Description Cusip Number Credit Rating/ FDIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market value Interest Paid Date Acquired Coupon Date Maturity! Due Date Outagamie Cnty, WI 68990OB98 AAA local 85,000.00 85,000.00 85,000.00 2.350% 85.51255 semi-annual 11/07/17 05/01/18 11/01/22 Mora MN ISD #332 616395FH7 AAA local 105,906.00 105,906.00 100,000.00 3.000% 101,202.00 semi-annual 12/11/20 02/01/23 none Saint Michael MN 7927670H1 AAA local 105.906.00 105,906.00 100,000.00 3.000% 101,169.00 semi-annual 12/11/20 none 02/01/23 Washington St 93974EK08 _ AAA state 300,000.00 300,000.00 300,000.00 0.310% 299,565.00 semi-annual 07/29/20 02/01/21 08/01/22 Georgia State 373384208 AAA state 204,444.00 204,444.00 200.000.00 2.780% 201,920.00 semi-annual 12/13/16 02/01/23 none Fed Nat Mg Assn 3135GOT45 US 306,267.00 306,267.00 300,000.00 1.875% 300,057.00 semi-annual 02/08/21 10/05/17 04/05/22 Fed Farm Credit Bank 3133EJMB2 _AAA _ AAA US 417,340.00 417,340.00 400,000.00 2.750% 400,520.00 semi-annual 08/17/20 10/25/18 04/25/22 Fed Home Ln Bank 3130AOHD8 AAA US 1,000,000.00 1,000,000.00 1,000,000.00 0.080% 999,580.00 maturity 01/05/22 none 04/29/22 Fed Fane Credit Bank 3133ELYR9 AAA _ US 300,417.00 300,417.00 300,000.00 0.250% 300,000.00 semi-annual 07/09/21 11/06/20 05/06/22 US 0.150% 11/24/20 Fed Farm Credit Bank 3133EMGP7 AAA 300,042.00 300,042.00 300,000.00 299,832.00 semi-annual 05116/21 05/16/22 UST 1,000,156.25 11/30/20 US Treasury Note 912828ZR4 _ AAA_ 1,000,156.25 1,000,000.00 0.125% 999,560.00 semi-annual 01/04/22 05/31/22 US 600,999.00 12/08/20 Fed Home Ln Mig Corp 3134GVJ66 AAA 600,999.00 600,000.00 0.250% 599,532.00 semi-annual 08/26/20 06/0822 US Treasury Note 912828ZXI AAA UST 1,000,000.00 1,000,000.00 1,000,000.00 0.125% 998,870.00 semi-annual 01/0422 1213120 06/30/22 Fed Home Ln Bank 3130AN4S6 US 999,850.00 999,850.00 1_,000,000.00 0.070% 998,300.00 semi-annual 01/01/22 07/0122 Fed Home Ln Mig Corp _ 3131FAET2 _AAA _ AAA US 699,787.00 699,787.00 _ 700.000.00 0.125% 698,565.00 semi-annual _07/09/21 08/17/20 01/25/21 07/25/22 US Treasury Note 91282CAC5 AAA UST 1,000,000.00 1,000,000.00 1,000,000.00 0.125% 997,730.00 semi-annual 01104/22 01/3121 07/31/22 Fed Farm Credit Bank 3133ELAE4 AAA US 304,194.00 304,194.00 300,000.00 1.625% 300,729.00 semi-annual 09/28/21 02/22/20 08/22/22 US Treasury Note 91282CAG6 AAA UST 999,687.50 999,687.50 1,000.000.00 0.125% 996,680.00 semi-annual 01104122 02/28/21 08/3122 Fed Nat Ml Assn 3135GOW33 AAA US 409,804.00 409,804.00 400,000.00 1.375% 400,736.00 semi-annual 08/17/20 03/06/20 09/06/22 _ Fed Home Ln Bank 3130AKAT3 AAA 300,000.00 300,000.00 300,000.00 0.170% 298,746.00 semiannual 10/05/20 04/05/21 10/05/22 Fed Farm Credit Bank 3133EMDA7 AAA 300,027.00 300,027.00 300,000.00 0.160% 298,335.00 semiannual 1012020 04113/21 10/13/22 Fed Home Ln Bank 313OAKDH6 AAA 299,850.00 299,850.00 300,000.00 0.125% 297,909.00 semi-annual 11/24/20 04/21/21 102122 Fed Fan Credit Bank 3133EMGX4 AAA 299,784.00 299,784.00 300,000.00 0.125% 297,696.00 semi-annual 1124/20 05/23/21 1123/22 Fed Farm Credit Bank 3133EMKH4 AAA 300,000.00 300,000.00 300,000.00 0.160% 296.988.00 semi-annual 12/1520 06/1521 12/1522 Fed Home Ln Bank 313OACGP2 AAA 500,155.00 500,155.00 500,000.00 0.375% 496.280.00 semi-annual 01/05/22 06/30/22 12/30/22 Fed Farm Credit Bank 3133EMML3 AAA .lS 998,790.00 998,790.00 1.000.000.00 0.120% 989.690.00 semi-annual 0210821 07/1221 01/1223 Fed Home Ln Ml Corp Med Tenn Note 3134GXFB5 AAA US 300.000.00 300,000.00 300,000.00 0.220% 296,409.00 semi-annual 12/1420 06/1421 03/1423 Fed Home Ln Bank - 3130ALRG1 - AAA US 299,817.00 - 299,817.00 300,000.00 0.125% 295,443.00 semi-annual 042821 - 09/17/21 03/17/23 23,246,708.44 Flagstar Bank FSB 33847E4L8 32541 245,000.00 245,000.00 245,000.00 0.150% 241,369.10 05/2821 11/2821 0513023 CD Bank of the Siena 064860LHO 22597_ CD 245,000.00 245,000.00 245,000.00 0.200% 241,060.40 _semiannual 12/2920 _06/2921 06/2923 State Bank of India' 856285WF4 682133CD 245,000.00 245,000.00 245,000.00 0.250% 240,871.75 _semi-annual semi-annual 07/21/21 01/21/22 07/21/23 90270 CD 245,000.00 245,000.00 Envision Bank 29415LBZ3 245,000.00 0.200_% 240,599.80 semi-annual 072821 01/2822 07/2823 24387 CD 245,000.00 245,000.00 Industrial B Com Bk 45581ECP4 245,000.00 0.250% 240,411.15 semiannual 08/20/21 02/20/22 08/18/23 Synovus Bank _ 87164DSR2 873 CD 245,000.00 245,000.00 245,000.00 1.000% 242,851.35 semiannual 02/2522 08/25/22 08/25/23 Morgan Stanley Bank NA _ 61773TDD2 32992 CD 245,000.00 245,000.00 _ 245,000.00 1.250% 243,625.55 _semi-annual 03/3122 092922_ 09/2923 CD 245,000.00 BMW Bank North Aml _ _ 05580AXY5 35141 245,000.00 245,000.00 238,566.30 semi-annual 12/11/20 06/11/21 12/11/23 30012 245,000.00 12/2120 Third Federal S&L 884130CV8 CD 245,000.00 245,000.00 _0.300% 0.250% 238,164.50 semiannual 06/2121 12/2123 Apple Bank for Savings 03784JSL9 16068 CD 245,000.00 245,000.00 245,000.00 0.600% 239,041.60 semi-annual 01/21/22 0721/22 01/22/24 58590 CD 245,000.00 245,000.00 245,000.00 0.200% 237,282.50 01/23/22 Nano Banc _ _ 63008MAG6 semi-annual 0723/21 _0112324 57803 CD 245,000.00 _ 245,000.00 241,596.95 Ally Bank 02007GNS8 245,000.00 1.300% semi-annual 02/24/22 082422 02/2324 Barclays Bank 06740KNV5 57203 CD 245,000.00 245,000.00 245,000.00 1.350% 241,841.95 semi-annual 02/2322 _08/23/22 02/23/24 28359 CD 245,000.00 245,000.00 245,000.00 1.450% 242,099.20 _03/08/24 OceanFirst Bank 67523TAF0 semi-annual 03/0822 09/0822 CD _ 245,000.00 244,154.75 09/30/22 _ American Ex_pr Nat Bank _ _ 02589ABX9 27471_ 245,000.00_ _ 245,000.00 1.950% semi-annual 03/30/22 04/0124 CD Mega Bank 58517JAH5 58401 245,000.00 245,000.00 245,000.00 0.250% 235,535.65 semi-annual 04/29/21 10/29/21 04/29124 2,800,827.10 local 501,485.00 state 12,858,187.00 US Less Than 1 Year Description Cusip Number Credit Rating/ FDIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate ValueAcquired Current Marke7semiannual Date Coupon Date Maturity/ Due Date Sallie Mae Bank/Sak Lake 7954507B5 58177 .D 245,000.00 245.000.00 245,000.00 0.550% 235,746.l 07/14/21 01/14/22 07/15/24 Synchrony Bank 87165HC32 27314 CD 245,000.00 245,000.00 245,000.00 0.550% 234,874.l 09/03/21 03/03/22 09/03/24 Dallas Capital Bank 234553CZ6 20727 CD 245,000.00 245.000.00 245,000.00 0.700% 233.695.al 12130/21 06/30122 12/30124 Fourth Capital Bank 35115LAE1 59101 CD 245,000.00 245,000.00 245,000.00 0.600% 233,012. 12/2921 03/29/22 12/30/24 Eaglemark Savings Bank 27004PCL5 34313 CD 245,000.00 245,000.00 245,000.00 1.700% 239369.al 03102/22 09/02/22 03/03/25 _ 16571 BMC, Harris Bank NA _ 0560OXCVO _ CO 245,000.00 245,000.00 245,000.00 0.700% 231,600.95 quarterly 042821 07/2821 04/28/25 Toyota Financial Sgs Bk 89235MLH2 CD 245,000.00 245,000.00 245,000.00 0.700% 230,214.25 semi-annual 08/19/21 02/1922[11/0'1/2-3 9/25 Saint Joseph MN_ 790739YY6 _57542 AA- 190,000.00 190,000.00 190,000.00 0.500% 184,341.80 semi-annual 11/1220 D610121123 Everett MA 299839E48 _local kcal 317,883.00 317,883.00 300,000.00 3.000% 302,544.00 semi-annual 01/25/22 07/15/22526 Snohomish Cty WI 833086CX7 _AA, AA1 kcal 299,604.00 299,604.00 _ 0.450% 291,396.00 1210121 06101/22123 AA1 local 359,971.20 _300,000.00 360,000.00 Austin TX 052397RE8 359,971.20 2.124% 351,878.40 _semi-annual 10/02/19 03_/01/20126 Denver City B. Cnty CO Sch Dist 249174SFI AA11 klcal 219,768.00 219,768.00 200,000.00 5.000% 204,832.00 _semi-annual_ semi-annual 102620 none 126 AA2 local Monroe Woodbury NY 611441PH3 182,928.60_ 182,928.60_ 180,000.00 1.000% 178,061.40 semi-annual 1222/20 12/0121123 Bangor ME 0600954R4 AA2 local 235,428.00 235.428.00 240,000.00 2.850% 241,845.60 _ semi-annual 11/21/18 none Duluth MN 264438ZL9 AA2 local 29,767.20 29,767.20 30,000.00 2.625% 29,953.80 semi-annual 12105/12 08/01/13 02/0125 Duluth MN 264439DA5 AA2 local 455,000.00 455,000.00 455,000.00 0.850% 433.787.90 semi-annual 11/03/21 08/0122 02/0125 New York NY 64966QLG3 AA2 local 301,506.00 301,506.00 300,000.00 0.800% 279,270.00 semi-annual 09/15/20 11/0120 1110125 Opelika AL 683489ZD3 AA2 local 301,848.00 301,848.00 300,000.00 2.363% 292,704.00 semi-annual 12/19/19 05/01/20 11/01/25 South Milwaukee Wl 838855ZV9 AA2 local 327,798.25 327,798.25 325,000.00 3.350% 328,194.75 semi-annual 01/25/19 04/01119 1010126 Birmingham AL 09088RB70 AA3 local 83,255.20 _ 83,255.20_ 80,000.00 2.951% 80,722.40 semi-annual 10/03/19 none 03/01/25 Burlington VT 1220621389 AA3 local _ 256.190.00 _ 256,190.00 250,000.00 2.306% 244,685.00 semi-annual 01/30/20 05/0120 11101/25 Florence AL 339873UU3 AA3 local 251,055.00 251,055.00 250,000.00 1.971% 238,742.50 semi-annual 03/19/20 08/0120 08101/26 Chandler AZ 158943YJ5 AAA local 300,000.00 300.000.00 300,000.00 0.600% 294,942.00 semi-annual 12/01/21 01/01/22 07101/23 Brooks Cnty, TX ISD Zero Cpn 114385FS1 AAA local 166,230.00 166,230.00 180,000.00 174,106.80 maturity 1126/19 none 08/15/23 Hurst -Euless -Bedford Tx ISD 447819DZ3 AAA local 106,611.00 106,611.00 100,000.00 2.825% 100,961.00 semi-annual 11/17/20 none 08/15/23 Canu8110 TX ISD 138735YA7 AAA local 200,600.00 200,600.00 200,000.00 0.836% 194,432.00 semi-annual 07/29/20 08/1520 02/15/24 Charleston SC 160357XC8 AAA local 307,836.00 307,836.00 300,000.00 1.250% 293.361.00 semi-annual 05/26/21 09/01/21 03/01/24 Ramsey Cnty MN 751622SSI AAA local 295,845.00 295.845.00 300,000.00 0.750% 284.415.00 semi-annual 01118/22 0210121 02/01/25 Suffolk VA 86481ACU6 AAA _ local 150,000.00 150,000.00 1_50,000.00 0.650% 141,489.00 semi-annual 10/05/21 02/01/22 02/01/25 krcal Lewisville TX 528815KR3 AAA 251,825.00 251.825.00 250,000.00 1.270% 240,720.00 semiannual 12/14/21 02/15/22 02/1525 Asheville NC 044033RWO AAA local 229,369.50 229,369.50_ 225,000.00 1.430% 216,830.25 semi-annual 05/04/20 12/0120 0610125 Charlotte NC 161035JQ4 _ AAA local _ 298,317.00 _ 298,317.00 300,000.00 1.790% 292,716.00 semi-annual 08/28/19 12/01/19 06/0125 McKinney TX 58178CEN3 AAA local 302,502.00 302,502.00 300,000.00 1.000% 284,559.00 07/14/21 02/1522 Minneapolis MN 60375BJN7 local _ 300,000.00 _ 300.000.00 _ 300,000.00 1.100% 283,434.00 _semi-annual semi-annual 11/18/21 06/0122 _08/1525 12/0125 Minneapolis MN Spl Sch Dist#1 6037893UO _AAA AAA local _ 268,815.00 _ 268,815.00 300,000.00 1.150% 283,803.00 semi-annual 0422/19 none 12/1525 Ice Deposit- National Sports Center none local 250,000.00 250,000.00 250,000.00 250,000.00 maturity 02/06/08 none 01101/26 Oregon St 68609TWC8 AAI state 254,082.50 254,082.50 241,525.00 semi-annual 12/11/20 11/0120 05/0124 250,000.00 0.795% 200,000.00 1.800% 05/01/24 Wisconsin State 97705MDW2 AAI state 201,126.00 201,126.00 197,222.00 semi-annual 02/07/20 none Rhode Island State 762223MG7 AA2 state semiannual 1021/21 08/0122 08/0124 319,545.00 319,545.00 300,000.00 303,003.00 Texas St 882723YM5 AAA stale 250,639.90 250,639.90 245,000.00 _3.000% 2.732% 247,398.55 semi-annual 07/19/19 none 08/0123 Texas St Transprin Cmssn 882830AT9 AAA 0.617% 104,911.40 semi-annual 11/18/21_ 10/01_20 1010124 state 109,051.80 109,051.80 110,000.0_0 Utah St 917542QV7 AAA state 217,600.00 217.600.00 200,000.00 3.53_9% 202,902.00 03/09/20_ 01/01/11 07/01/25 Fed Farm Credit Bank 3133EMVP4 _ AAA 299,811.00 299,811.00 300,000.00 0.125% 295,050.00 _semi-annual semi-annual 04/28/21 10/13/21 04/13/23 _ Fed Home Ln Mtg Corp AAA _US US _ 499,650.00 499,650.00 500,000.00 0.375% 492,780.00 semi-annual 1220/21 10/2020 042023 Fed Home Ln Milli Corp _3137EAE08 3137EAER6 AAA US 301,452.00 301,452.00 300,000.00 0.375% _ 295,335.00 semi-annual 12/10/20 11/05/20 05_105/23_ Fed Nall Mtg Assn 313560403 AAA US 600.906.00 600,906.00 600,000.00 0.250% 588,510.00 semi-annual 04105/21 11/2220 052223 5,487,585.95 CD 7,018,728.60 local 1,296,961.95 state Description CusiP Credit Rating/Rating/ FDIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity/ Due Date Fed Farm Credit Bank Fed Farm Credit Bank Fed Home Ln Mtg Corp Fed Home Ln Mfg Corp Med Term Note Fed Nall Mtg Assn Fed Home Ln Mfg Corp Fed Home Ln Bank Fed Home Ln Mtg Corp Fed Farm Credit Bank Fed Farm Credit Bank Fed Home Ln Mtg Corp Fed Farm Credit Bank Fed Farm Credit Bank Fed Home Ln Bank Fed Nall Mfg Assn Fed Farm Credit Bank Fed Home Ln Bank Fed Nat Mig Assn Fed Farm Credit Bank Fed Home Ln Bank Fed Farm Credit Bank Fed Home Ln Bank Fed Nall Mtg Assn Fed Home Ln Bank Fed Nall Mtg Assn Fed Home Ln Bank Fed Home Ln Bank Fed Home Ln Bank Fed Farm Credit Bank Fed Home Ln Bank Fed Home Ln Mig Corp Tennessee Valley Auth Ser E Fed Home Ln Bank Will County IL Cmnty Zero Coupon Waterloo IA Allegheny Cnty PA St Paul MN Anoka -Hennepin MN ISD #11 Vestavia Hills AL Fed Farm Credit Bank Fed Home Ln Mtg Corp Med Term Note Fed Home Ln Bank 3133ENDK3 3133EMKG6 3137EAES4 3134GXHHO 3135GO5G4 3137EAEV7 3130AJXD6 3137EAEW5 3133EL6U3 3133EMBSO 3137EAEY1 3133ENEX4 3133EMN81 313OAKJP2 3135GABNO 3133ENLF5 3130AQFK4 3135GOV34 3133ENNJ5 3130ANSM3 3133EL5D2 3130AQV75 3135GOW66 3130AQG64 3135GO6E8 3130APRBO 3130AQGT4 313OAQMR1 3133ENMQO 3130APV88 3137EAEX3 880591CJ9 3130ANSG6 969078QM9 941647UR8 01728VVN7 792882CA8 0363032R5 _925479RY5 31331VLC8 3134GWUM6 3130AGT21 AAA AAA_ AAA AAA _ AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AA2 AA2 AA3 AAA AAA AAA AAA AAA AAA US US 498,155.00 300,000.00 398,596.00 300.000.00 1,301,322.00 600.456.00 399,224.00 600,567.00 300,000.00 1.298,751.00 1,294,003.00 498,155.00 300,000.00 398.596.00 300.000.00 1.301,322.00 600,456.00 399,224.00 600,567.00 300,000.00 1,298,751.00 1,294,003.00 497.895.00 300,000.00 300,000.00 300.000.00 499,700.00 400,000.00 316.302.00 496,695.00 300,000.00 300,000.00 400,000.00 499,020.00 400,000.00 196,422.00 498,995.00 496.170.00 491,850.00 400.000.00 300,000.00 291,732.00 121,500.00 _ 300,0_00.00 159,000.00 173,216.40 204,746.00 240,000.00 323.613.50 202,566.00 106,030.45 199,500.00 300,000.00 500,000.00 300,000.00 400,000.00 300,000.00 1,300,000.00 600,000.00 400,000.00 600,000.00 300,000.00 1,300,000.00 0.350% 0.200% 0.250% 0.220% 0.250% 0.250% 0.125% 0.250% 0.280% 0.200% 0.125% 0.550% 0.310% 0.250% 0.280% 0.900% 0.760% 2.500% 1.180% 0.400% 0.420% 1.400% 1.625% 1.000% 0.420% 0.750% 1.100% 1.250% 1.310% 1.000% 0.375% 6.750% 0.875% 2.600% 1.586% 2.400% 2.550% 1.870% 5.250% 0.750% 2.640% 490,850.00 293,886.00_ 391,552.00 293,913.00 1,270,178.00 564,712.00 388.804.00 583,860.00 291,690.00 1,264,835.00 1,260,181.00 487,540.00 290,976.00 289,782.00 289,977.00 489,220.00 390,228.00 301,311.00 491,210.00 286.617.00 287,343.00 391,660.00 489,910.00 386,520.00 189,678.00 477,625.00 480,500.00 482,420.00 388,180.00 287,016.00 278,436.00 114,668.00 279,432.00 30,439,661.50 425,285.00 171,433.10 184,494.00 231,127.20 342,429.50 _ 184,876.00 115,303.00 176,994.00 291,981.00 2,123,922.80 semi-annual _semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semiannual semi-annual semi-annual maturity semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual 01/06/22 12/15/20_ 12/14/21 12/30/20 07/10/20 12/10/20 08/13/21 07/22/21 09/16/20 07/22/21 09/16/21 01/05/22 06/30/21 12/29/20 12/29/20 01/18/22 01/19/22 08/31121 02/17/22 08/26/21 08/26120 02/28/22 02/17/22 01/18/22 12/15121 11/12/21 01120/22 02/24122 02/04/22 12/10/21 12/15/21 03/19/09 08/26/21 08/25/09 09/13/19 08/20120 12/11119 01/25/19 07/16/20 02/26/10 10/07/20 07/26/19 12/08/21 06/08/23 06/15/23 06/26/23 06/30/23 07/10/23 08/24/23 09/08/13 09/08/23 09/14/23 10/02/23 10/16/23 06/15/21 US 12/26/20 US 06/30/21 _ US 01110/21 02/24/21 03108/21 03/08/21 03/14/21 04102/21 04/16/21 05/24/22 12/29/21 06/29/21 US US US US US US US 1,300,000.00 500,000.00 497,895.00 300,000.00 11/24/23 12/29/23 US US 300,000.00 300,000.00 300,000.00 500,000.00 400.000.00 300,000.00 500,000.00 300,000.00 _ _ 300,000.00 400,000.00 500,000.00 400,000.00 200,000.00 500,000.00 500,000.00 500,000.00 400,000.00 300.000.00 300,000.00 100,000.00 300,000.00 500,000.00 170,000.00 200,000.00 240,000.00 350,000.00 200,000.00 300,000.00 300.000.00 499,700.00 400,000.00 316,302.00 496,695.00 300,000.00 300,000.00 400,000.00 499,020.00 400,000.00 196.422.00 498.995.00 496,170.00 491,850.00 400.000.00 300,000.00 291,732.00 121,500.00 300,000.0_0 12/29/23 12/29/13 01/18/24 01/19/24 02/05/24 02/09/24 06/25/24 08/26/24 08/28/24 10/15/24 10/18/24 11118/24 12113/24 01/13/25 01127/25 02/03/25 05/22/25 09/23/25 11/01/25 US 06129/21 US 07/18/22 US US 07/19/22 08/05/19 08/09/22 02/25/22 02/26/21 08/28/22 04/15/20 07/18/22 05/18121 06/13/22 07/13/22 US US US US US US US US US US 07/27122 06/03/12 05/22/22 US ,s local local local local local local US US 03/23/21 _none 02/25/22 06/25/26_ 159,000.00 173,216.40 204,746.00 240,000.00 none 06101/25 11/01/20 05/01/20 none 02/01/21 none 03/29/21 01/26/20 11/01/27 06/01/28 11/01/28 05/01/28 02/01/30 02/01/32 04/21/28 09/29/28 07/26/29 323,613.50 202,566.00 106,030.45 100,000.00 199,500.00 300,000.00 200,000.00 300,000.00 US 55.810.292.74 16,636,385.00 US 1- 5 Years 1,539,644.80 local 584,278.00 US 6 -10 Years INVESTMENT SCHEDULE - Money Market Funds March 31, 2022 Description Current Market Value' YTD Interest Wells Fargo I Wells Fargo Government Money Market Fund $1,345,288.06 $89.82 4M 1 14M 544,035.03 33.59 4M PLUS 7 14M Plus 270,725.1,51 29.78 Grand Total Money Market Funds F $2,160,048.24 $153.19 Updated. 41812022 C I T Y O F ,ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 50su4 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City FROM: Michelle Harmer, Deputy City Clerk (itis) ioa-oIuu SUBJECT: Approve Park Exclusive Use Permit/Andover Fastpitch Association DATE: April 19, 2022 INTRODUCTION Dennis Angellotti, of the Andover Fastpitch Association has submitted a request for a Park Exclusive Use Permit. DISCUSSION Pursuant to City Code Title 8, Chapter 4-1B, a permit must be granted by the City Council to allow selling and/or solicitation in a City park. Dennis Angellotti, of the Andover Fastpitch Association has submitted a request for a Park Exclusive Use Permit. The tournament will be held June 17th — 19th at Sunshine Park. Each vendor will be required to apply for a solicitation permit. ACTION REQUIRED Council is requested to approve the Park Exclusive Use Permit for the Andover Fastpitch Association, June 17`h — 19th, 2022 at Sunshine Park. (Ressp�elc/t/fu"lly submitted, 1 r)1�-/7� Michelle Hartner Deputy City Clerk Attach: Application 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Park Exclusive Use Permit Application Pursuant to City Code Title 8, Chapter 4-1 B, a permit must be granted by the City Council to allow selling and/or solicitation in a city park. 1. Organization Name: Andover Fastpitch Association 2. Applicant's Name: DennisAngellotti 3. Applicant's Phone Number: 4. Date and Time Requested: June 17th -19''. Times: Friday 5-10 pm (Vendors may not set up Friday). Saturday 8 am -9 pm. Sunday 8 am -6 pm. 5. Name of Park to be used: Sunshine Park 6. Number of Vendors: two vendors 7. Identify Vendors: Shirts on Site, Maui Wowi smoothies and Andover Fastpitch Association BBQ grill stand. 8. "Product being Sold: Tee-shirts, Fruit smoothie and burgers. 1 o � � v .04 Applicant's Signifure Date *Food Vendors may be required to have an Anoka County Health Department certificate. �y +TT s CI T Y O F ND OVEN 685 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 Administrat FROM: Commander Paul Lenzmeier - Anoka Co Sheriff's Office SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff DATE: April 19, 2022 INTRODUCTION Commander Paul Lenzmeier from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Paul Lenzmeier Anoka County Sheriff's Office PATROL DIVISION CITY OF ANDOVER - JANUARY - MARCH 2022 OFFENSE JAN FEB MAR APR MAY JUN JUL AUG SEF' OCT NOV DEC 2022 2021 Call for Service 1,122 895 963 1500963 895 1000 2,980 2,975 Burglaries 2 0 1 Current Last YTD YTD 3 6 Thefts 34 28 42 104 66 Crim Sex Conduct 0 0 3 3 1 2 Assault 2 1 3 6 7 Dam to Property 4 6 5 15 15 Harass Comm 1 1 1 0 2 2 Felony Arrests 6 1 1 8 32 Gross Misd Arrests 3 0 5 8 10 Misd Arrests 30 15 32 57 53 DUI Arrests 4 5 3 12 15 Domestic Arrests 4 2 3 9 10 ,Warrant Arrests 1 30 1 8 7 1 25 17 Traffic Arrests 51 1 70 1 29 1 150 375 DUI Offenses: Day of Week: Sunday Monday Tuesday Wednesday Thursday Friday Saturday Time: 00:31 23:09 2500 — 20:30 Patrol Division Monthly Report Page 16 City of Andover Calls for Service 3500 -2,980 —2-,975-- ,975_3000 3000 2500 — 2000 1500963 895 1000 500 0 Current Last YTD YTD Month Month 2022 2021 Patrol Division Monthly Report Page 16 PATROL DIVISION CITY OF ANDOVER CSO'S ACTIVITY -JANUARY -MARCH 2022 OFFENSE JAN FEB MAR APR MAY JUN JUL AUG SEF OCT NOV DEC 2022 TIU 2021 Call for Service 75 71 47 193 193 Accident Assist 7 6 4 17 18 Vehicle Lock Out 13 7 3 23 37 Extra Patrol 22 12 16 50 332 House Check 0 0 0 0 0 Business Check 0 0 0 0 0 Animal Complaints 12 7 13 32 42 Traffic Assist 1 5 1 7 10 Aids: Agency 24 29 15 68 139 Aids: Public 38 36 22 96 78 Paper Service 0 0 0 0 0 Inspections 0 0 0 0 0 Ordinance Viol I 2 5 4 11 18 250 200 150 100 50 City of Andover - C50's Current Last YTD YTD Month Month 2022 2021 Patrol Division Monthly Report Page 16 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: James Dickinson, City Administrator Joe Janish, Community Development Directoril FROM: Peter Hellegers, City Planner SUBJECT: Consider Repealing City Code Title 12: Zoning Regulations and Adopting Updated Title 12: Zoning Regulations — City of Andover (Applicant) DATE: April 19, 2022 BACKGROUND As part of the 2018 Comprehensive Plan, the Metropolitan Council required the City to meet a planned net density of 3.0 units per acre within the Metropolitan Urban Service Area (MUSA). The City was also required to meet "Affordable Housing Goal Numbers." These requirements led to substantial changes to the Comprehensive Plan including the creation of new land use categories. However, in making these changes several discrepancies were created between the Comprehensive Plan and the City Code. An update to the City Code was required to address these issues as well as several other "housekeeping" items. The attached Table of Proposed Changes provides an overview of the proposed amendments to City Code and the number and order of the chapters within the Zoning Regulations that have been incorporated into the proposed Title 12. A printed copy of Title 12 which includes the amendments is attached. A redline copy of Title 12 can be found at the following link: httns://www.andovermn. gov/DocumentCenterNiew/5197/Title- l2 -Amendment ---Redlines The proposed amendments were previously reviewed by the City Council at their February 22, 2022, workshop and by the Planning and Zoning Commission at their January 25, 2022, workshop. Minutes from these previous meetings are attached. DISCUSSION New Zoning Districts & Minimum District Requirements In order to align the City Code with the Comprehensive Plan staff is proposing to create zoning districts to correspond with the new land use districts created in the Comprehensive Plan. This would include modifying the existing R-5, M-1 and M-2 zoning districts and creating a M-3 zoning district. In addition to creating the new districts, staff is proposing to remove the LB — Limited Business District and GR — General Recreation District. This was identified in the Comprehensive Plan update as each of these districts only cover one property. Home Occupations / In -Home Beauty Salons and Barber Shops - City Code §12-9-7 During the discussion for a previous in-home beauty salon home occupation, the Planning Commission indicated that the limitation on these uses having just "one chair" should be reviewed. The proposed amendment would replace that language with a provision allowing for Page 1 of 2 one stylist or barber at the in-home beauty salonibarber shop and have no more than three individual customers or one customer group (i.e. family or bridal party) at any one time. A provision was also included that the in-home beauty salon/barber shop home occupation could not exceed three vehicles at any one time. Landscaping of Nonresidential Properties - City Code §12-14-6-C and 12-14-6-F City Code section 12-13-6 sets the minimum standard for tree and shrub planting on commercial or industrial properties. On commercial/industrial projects the City's requirements have required the planting of so much landscaping that some commercial properties which met the standards have needed to remove half the landscaping a few years after the development is completed to prevent overcrowding the trees and shrubs. Staff surveyed other metro communities and found that many were requiring about 50 percent less trees/shrubs than Andover. At the work session meeting the City Council indicated a preference for reducing the number of trees/shrubs required by 25 percent. Title 12: Zoning Regulations - Chapter Reorganization Several chapters were moved within Title 12 due to the deletion of Chapter 11: Shoreland Lots, and for greater consistency with the general layout of City Code. The text from Title 12 - Chapter 11: Shoreland Lots is already addressed in the more up to date code in Title 13 - Chapter 4: Shoreland Management, in addition chapter 11 creates the potential for conflict between these two sections. Some of the chapters in Title 12 were also moved to different locations within the title where they were more consistent with adjoining chapters. Planning Commission Meeting — April 12, 2022 The Planning Commission held a public hearing on the proposed repeal of the existing Title 12 and adoption of the updated Title 12 at their meeting on April 12, 2022 which can be viewed through QCTV by following this link: htip:Hgetv.org/city meetin andover-planning- commission-04-12-2022/ At the conclusion of the hearing the Planning Commission recommended approval of the repeal and replacement of Title 12 as proposed. An excerpt of the minutes from the meeting is attached. ACTION REQUESTED The City Council is asked to consider the recommendation of the Planning and Zoning Commission and make a decision on the proposed repeal of current City Code Title 12: Zoning Regulations, and adoption of the updated City Code Title 12: Zoning Regulations. Res tful y ubmitted, Pet Planner Attachments Table of Proposed Changes Draft Planning Commission Minutes Excerpt 04-12-22 City Council Minute Excerpt 02-22-22 / Planning Commission Minute Excerpt 01-25-22 Draft Ordinance of Approval Title 12: Zoning Regulations (as proposed) Draft Summary Ordinance for Publication Page 2 of 2 TITLE 12 - Zoning Regulations: Proposed Changes CODE SECTION- TITLE DESCRIPTION OF CHANGE Page 1 of 2 Amended definitions for: Accessory Dwelling Unit (ADU); Apartment; Dwelling, Attached (Single - 12 -2-2 Definitions Family); Dwelling, Detached (Single -Family); Guesthouse; Hotel; Lodging Room; Motel (place holder that refers to Hotel), Planned Unit Development (PUD). 12-2-2 Definitions Added definitions for: Duplex, Triplex and Quadraminium; Dwelling, Duplex; Dwelling, Multi -family (replaces Multiple Residence); Dwelling, Twin Home; Dwelling, Two -Family; Lot Split; Subdivision. 12-2-2 Definitions Deleted definition for Multiple Residence (Apartment Buildings) — replaced by Dwelling, Multifamily 12-3-2 Zoning Districts Amended name for R-5 and M-2; added new district M-3 and overlay districts SR and SL; moved Established A P, deleted GR and LB 12-3-3 Purpose of Each Amended text for R-5; added text for M-3, Ag P, SR, and SL; deleted text for GR and LB District 12-3-5 Minimum District Subsection B -2-e and B -2-g, amended section references to refer to the correct section numbers Requirements 12-3-5 Minimum District (Amended district dimensions and setbacks table) Requirements 12-4-2 Lot Provisions Deleted subsection 12-4-2-C which was inconsistent with the zoning table 12-4-3 Encroachments Amended text in subsection 12-4-3-B 12-5-2 Side and Rear Section was deleted Setback Exclusions 12-5-3 X12-5-5 Setback Amended numbering of sections 12-5-3 through 12-5-5 to new numbering of 12-5-2 through 12 -5 - Requirements 4 based on the deletion of the subsection on Side and Rear Setback Exclusions 12-6-2 Construction Prior to Amended text to change this to an Interim Use Permit (IUP), added text on subdivision exception Principal Structure 12-6-6 Temporary Amended text in main section and subsection 12-6-6-B Structures 12-9 Home Occupations Amended and reformatted text; amended to require IUP instead of CUP 12-10-1 Discontinuance of Amended text to be consistent with State Statute Use 12-10-3 Maintenance and Amended text in subsection 12-10-3-B-2 to be consistent with State Statute. Repairs *12-11 Shoreland Lots Deleted; this section conflicted with City Code Title 13 (Chapter 4: Shoreland Management) *12-12 Land Use Table Amended and reformatted Land Use Table; now includes newly created zoning districts (revised to section # 12-11 *12-13 Performance Amended text and numbering based on the deletion of three sections of this chapter Standards revised to section #12-14 *12-13-2 Enforcement Amended text from Code Enforcement Officer to City Administrator or their designee revised to #12-14-2 Page 1 of 2 TITLE 12 - Zoning Regulations: Proposed Changes CODE SECTION TITLE I DESCRIPTION OF CHANGE *12-13-6 Landscaping of Nonresidential Properties Reduced required landscaping requirements in subsections C and F by approximately 25%. This makes the standards more consistent with adjacent communities revised to #12-14-6-C and 12-14-6-F *12-13-8 Off -Street Parking Requirements Deleted text in subsection 12 -13 -8 -E -8-c (Design Standards / Lighting) referring to a diagram that was included with the approved resolution as the text indicated, and when located the diagram did not add clarity to the accompanying text revised to #12-14-8 *12-13-12 Explosives Deleted section; relocated to the Land Use Table See Land Use Table under section #12-11 *12-13-13 Fallout Shelters Deleted section to prevent confusion with storm shelter requirements. *12-13-14 Guesthouses Amended text in subsections A and B revised to section # 12-14-12 based on deleted sections). *12-13-14 4 12-13-22 Performance Standards Renumbered sections based on the deletion of sections 12-13-12, 12-13-13, 12-13-17, and 12-13- 18. These standards are now in section #12-14-12 through 12-14-18 *12-13-17 Radiation and Electrical Emissions Deleted section; relocated to Title 4 *12-13-18 Other Nuisance Characteristics Deleted section; relocated to Title 4 *12-13-21 Residential Building Standards Added subsection H, which was previously part of the definition for Dwelling, Attached (Single - Famil revised to #12-14-17 *12-14 Administration and Enforcement Reformatted section and minor text amendments; deleted obsolete section #12-14-5-B title Contract Rezonin s *The numbering of the chapters within Title 12 was adjusted based on the removal of chapter 12-11 (Shoreland Lots) and some chapters were moved within the title to provide greater consistency with the general layout of City Code. The following chapters were renumbered: TITLE 12 — Zoning Regulations: RevisedChapter Numbers Chapter Name Previous Cha ter # Revised Chapter # Requirements for Specific Conditional Uses 12-8 12-12 Shoreland Lots deleted — already covered elsewhere in City Code 12-11 N/A - deleted Permitted, Conditional and Prohibited Uses Enumerated 12-12 12-11 Performance Standards 12-13 12-14 Administration and Enforcement 12-14 12-15 Signs 12-15 12-8 Requirements for Specific Interim Use Permits 12-16 12-13 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 F3735 36 38 39 40 41 42 43 44 45 PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 12, 2022 The egular Bi -Monthly Meeting of the Andover Planning and Zoning Co Sion was called t derby Chairperson Karen Godfrey on April 12, 2022, 7:00 p. , at the Andover City Hall, Sk Crosstown Boulevard NW, Andover, Minnesota. Commissioners pres Mary VanderLaan, Nick Lo ein, Scott Hudson, Wes Volkenant, Jonathan S o Commissioners absent: Also present: PLEDGE OF IF29101%Ill Fill/2101AN 2022 Regular Meeting snt Director Joe Janish Griffiths Mprlon: Chairperson Godfrey assumed a motion to approve the February 22, 2022 Regular Meeting minutes as presented. Motion carries by unanimous consent. PUBLIC HEARING: CONSIDER REPEALING EXISTING CITY CODE TITLE 12: ZONING REGULATIONS, ADOPTING UPDATED CITY CODE TITLE 12: ZONING REGULATIONS AND SUMMARY ORDINANCE FOR PUBLICATION - CITY OF 7 ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council updating City Code Title 12: Zoning Regulations. City Planner Hellegers explained the Code is changing to be consistent with the Comprehensive Plan. He stated the amendments create new zoning districts and requirements within them. Mr. Hellegers reviewed the changes as presented in the staff report and previously discussed at Planning Commission Work Sessions. Regular Andover Planning and Zoning Commission Meeting Minutes—April 12, 2022 Page 2 1 2 Commissioner VanderLaan asked about the changes to Chapter 11: Shoreland Lots and 3 how it evolved. Mr. Hellegers explained Shoreland Lots were one of the earlier districts 4 and Title 13 — Chapter 4: Shoreland Management is more current and meets required 5 standards. 6 7 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:08 p.m. 8 The motion carried by unanimous consent. 9 10 No one appeared before the Commission. 11 12 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:09 p.m. 13 The motion carried by unanimous consent. 14 15 Commissioner Loehlein commended staff on the solution to in-home beauty salon/barber 16 shops. 17 1s Motion by Volkenant, seconded by Loehlein, to recommend approval of amendments to 19 City Code Title 12: Zoning Regulations as presented in the Ordinance. Motion carried 20 unanimously. 21 22 PUBLIC HEARING. CONSIDER AMENDMENTS TO CITY CODE 4-1- 2: PU 23 NU1SANCES ENUMERATED AND SUMMARY ORDINANCE FOR PUB TION 24 - YOFANDOVER (APPLICANT) 25 26 The P1 'ng Commission is requested to hold a publi earing and make a 27 recommend a ' n to the City Council amendments to City e 4-1-2: Public Nuisances 28 Enumerated. As iate Planner Griffiths explained the ere nuisances that were deleted 29 in Title 12 and mo d to City Code 4-1-2 where other nuisance regulations are. He 30 noted City Council an he Planning Commi n reviewed changes at workshops. Mr. 31 Griffiths stated a public h 'ng is not nee on this item, but for full transparency, staff 32 are bringing it to the Commis ' and lic. 33 34 Motion: Chairperson Godfrey um motion to open the Public Hearing at 7:12 p.m. 35 The motion carried by unan' ous consen . 36 37 No one appeared be the Commission. 38 39 Motion: Chai rson Godfrey assumed a motion to close Public Hearing at 7:12 p.m. 40 The motio ied by unanimous consent. 41 42 Co sioner Loehlein commented that the Planning Commission reviewed these 43 changes at previous workshops, and this is the opportunity for the public comment on 44 them. 45 ANDOVER CITY COUNCIL WORKSHOP MEETING FEBRUARY 22, 2022 MINUTES The Workshop Meeting of the Andover City Council was called to or by Mayor Sheri Bukkila, February 22, 2022 at 6:00 p.m., at the Andover City Hall, 1 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Valerie Holthus, ie Barthel, Ted Butler, and Randy Nelson Councilmembers absent: Also present: City Administrator, Jim Dickinson City Engineer/Public Works Director, David Berkowitz Community Development Director, Joe Janish Associate Planner, Jake Griffiths Others DISCUSS CITY CODE UPDATES TO TITLE 12: ZONING REGULATIONS v ` The City Council is requested to discuss updates to City Code Title 12: Zoning Regulations to correct discrepancies between City Code and the Comprehensive Plan. New Zoning Districts and Minimum District Requirements Mr. Griffiths explained new zoning districts are needed to correspond to the new land use districts created in the Comprehensive Plan. He stated staff are proposing modifying R-5, M-1, and M-2 zoning districts and creating an M-3 district. He proposed eliminating LB -Limited Business, and GR -General Recreation districts. Mr. Griffiths stated the Planning and Zoning Commission recommended approval of these changes. Councilmember Barthel asked if changing the zoning district for the property on Crosstown Andover City Council Workshop Meeting Minutes —February 22, 2022 Page 2 Boulevard and Bunker Lake Boulevard would change anything for the property owner. Mr. Griffiths stated the rezoning of the property would be less restrictive than it is currently. Councilmember Butler asked what zoning district Sunshine Park would be. Mr. Griffiths stated it would be rezoned to residential, similar to the City Hall Complex, which is zoned R-4. Mayor Bukkila asked why the minimum lot width is 52 feet in R-5. Mr. Griffiths stated staff looked at the PUDs that the City has approved and the average lot width for detached townhomes is around 52 feet. Mayor Bukkila wanted to ensure that the PUD process would still be followed and not bypassed because the City has a new standard. Councilmember Holthus stated she is happy to eliminate the LB zoning district for the property at Bunker Lake Boulevard and Crosstown Boulevard. Landscaping of Nonresidential Properties Mr. Griffiths proposed reducing the minimum landscaping standards for commercial/industrial properties due to plant overcrowding and the need to remove landscaping after a few years. He stated the Planning and Zoning Commission supported this change. Councilmember Butler asked what other cities had for landscaping requirements. Mr. Janish stated Blaine and Coon Rapids requirements are around what staff is proposing. Councilmember Butler stated he would like to require more landscaping than Coon Rapids. Mr. Janish stated under the current code, half of the material generally had to be removed due to overgrowth. Councilmember Butler asked if it was poor landscaping plans that are leading to the overcrowding. Mayor Bukkila stated she would like to allow flexibility. Mayor Bukkila suggests language to deviate from the current Code. Mr. Janish stated Code calls out the minimum requirement only. Councilmember Butler stated he is concerned the proposal is too sparse. He doesn't support changing the number of shrubs planted, but supports the reduction in the number of trees. Mr. Berkowitz stated the issue arises when there are only two sides of a property that can be landscaped, and the plants/trees are crammed too close on the remaining locations. Mayor Bukkila suggested placing language about landscaping "not being in public view". Mr. Griffiths stated many developers are placing landscaping where it isn't seen by the public in order to fulfill the requirements. Andover City Council Workshop Meeting Minutes — February 22, 2022 Page 3 Councilmember Holthus stated landscaping provides an aesthetic that is pleasing. She would hate to have concrete parking lots without landscaping. Mr. Janish suggested reducing the tree requirement to 1 for every 75 feet. Mr. Dickinson suggested adding language that allowances are provided for non -viewable areas. Councilmember Butler stated the purpose is to create an aesthetic when the buildings go in. Mr. Dickinson suggested language to unviewable areas and sensitive to buffering neighboring properties. Staff will redraft language and bring it to Council for further review. Parking Stall Standards Mr. Griffiths stated staff get the most comments from developers for the size of the City's parking stalls. He noted that most cities have 9 feet width as the standard width. The Planning and Zoning Commission supported this change to 9 feet from the current 10 feet width. Mayor Bukkila stated she receives positive comments about the wider parking stalls. Councilmember Barthel stated he is against changing the width of the stalls because it makes Andover unique and allows for bigger vehicles. Councilmember Holthus asked what happens to a business that has 9 -foot parking stalls when Code requires 10 feet. Mr. Griffiths stated he is not aware of any businesses with 9 -foot stalls. Mr. Berkowitz stated some have been grandfathered in and were approved at 9 feet years ago. The Council reached consensus to keep the parking stall width at 10 feet. J• �— DISCUSS VACATIONS OF RIGHTS -OF- WA YIROAD EASEMENTS 1! The City Council is requested to discuss two re u vacation of right -of --way. Mr. Janish identified the location of the first proper . 175th Avenue. The resident wants to add on to the garage and would encroac sty's right-of-way (ROW). If the City were to vacate the right-of-way, the RO uld be split in half and allocated to the neighboring properties. Mr. Janish stated p itting of the ROW creates an issue where the driveway of the south lot is on the rty of the north lot. He suggested having an access agreement to allow the driveway to PLANNING AND ZONING COMMISSION WORKSHOP JANUARY25, 2022 The Workshop Meeting of the Andover Planning and Zonin�404mmission was called to order by Chairperson Bert Koehler IV on January 25, 20K- 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, nnesota. Commissioners present: Karen Godfre ary VanderLaan, Nick Loehlein, Scott Hudson, W Volkenant, Jonathan Shafto Commissioners absent: Also present: Community Development Director Joe Janish City Planner Peter Hellegers Associate Planner Jake Griffiths Others OFALLEGIANCE DISCUSSION: CITY CODE UPDATE TO TITLE 12: ZONING REGULATIONS The Planning & Zoning Commission is requested to discuss and recommended changes to City Code Title 12: Zoning Regulations. Mr. Griffiths stated staff have been identifying conflicts between the Comprehensive Plan and City Code. He noted the Comprehensive Plan has created land use districts that have no code associated with it. Staff has drafted a table showing proposed amendments and would like comments and suggestions from the Planning Commission. Andover Planning and Zoning Commission Workshop Meeting Minutes —January 25, 2022 Page 2 Commissioner Loehlein asked what would happen if City Code was not updated. Mr. Griffiths stated the Comprehensive Plan process indicates the City must update its Code to comply with the Comp Plan. Mr. Griffiths reviewed Code Section 12-2 with updated definitions. The Commission asked several questions and did not recommend changes to what staff was presenting. Mr. Griffiths reviewed Code Sections 12-3 through 12-6. The Commission asked several questions and did not recommend changes to what staff was presenting. Chairperson Koehler requested staff to ask Council if they want the Planning Commission to review the section of City Code related to fences. Mr. Griffiths noted the request. Mr. Griffiths reviewed the changes to Code Section 12-9 regarding home occupations. He explained staff is recommending deleting the current home occupations ordinance. He indicated it is being replaced with a hybrid ordinance using text from other cities and some from existing Andover City Code. Mr. Griffiths stated an Interim Use Permit will be needed instead of a Conditional Use Permit. Commissioner Volkenant asked how garage sales fit into home occupations. Mr. Griffiths stated garage sales are generally exempt from the home occupation code. He stated if issues arise with continuous garage sales, there are other methods to address the problem. The Commission requested looking at language that replaces the term "sale of home occupation" to "transfer of home occupation." Chairperson Koehler requested staff to ask Council if they want the Planning Commission to review the section of the City Code related to farm winery home occupations. Mr. Griffiths noted the request. The Commission requested reviewing the language stating home hair stylists can have one customer receiving services while one customer is waiting. The goal is to have one stylist working in the home but being able to accommodate families and waiting customers. The Commission suggested basing it on the number of vehicles at the home salon. Mr. Griffiths noted the comments and staff will review the section. Mr. Griffiths reviewed changes to Code Section 12-10-1 to 12-13-6. The Commission asked questions and did not recommend any changes. Andover Planning and Zoning Commission Workshop Meeting Minutes —January 25, 2022 Page 3 Mr. Hellegers stated Section 12-13-8 refers to off street parking requirements and the minimum width of 10 feet for a parking stall. He asked if the Commission is willing to go to 9 feet to be in line with industry standards. The Commission is in favor of decreasing the minimum size parking space to 9 feet wide. Mr. Griffiths reviewed changes to Sections 12-13-9 to 12-14. The Commission asked questions and did not recommend any changes to what staff was presenting. Chairperson Koehler stated Interim Use Permit is defined as no longer than 5 years in the City Code which is different than State Statute. Chairperson Koehler recommended that staff make a thorough review of the IUP section of code to make sure it aligns with State Statute. Mr. Griffiths stated the chapters will be renumbered and moved around for flow and ease of use. The Code amendments will be reviewed by the City Council at a workshop, comments compiled, and returned to the Planning Commission for a public hearing. Commissioner Volkenant asked if the Commission would hear nuisance cases since it has been removed from the Zoning Regulation Section. Mr. Griffiths stated the amendment normally would not be reviewed by the Planning Commission; however, this amendment will be brought to the Commission when all changes are made since it is part of a much larger update to the City Code. Commissioner Loehlein asked how the City will administratively deal with all the documents that refer to City Code when the Code is going through an extensive edit. Mr. Griffiths stated staff will go through and make sure all references are correct. He stated there are three people proofing it. Commissioner Loehlein stated he is concerned when a document from 10 years ago references a section of code that no longer exists. How will staff address that? Mr. Janish stated staff look at the date of the document and reference historical code from that date. Mr. Janish stated staff will need to take more time to find the applicable Code at the time. Chairperson Koehler gave kudos to staff for the hard work on updating City Code. OTHER BUSINESS Mr. Griffiths stated i brTT aiming Commission meeting on February 8, 2022, for rminary plat at Andover Crossings. He stated Council approved the z CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: REPEAL OF ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS AND ADOPTION OF THE AMENDED ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS AS ATTACHED TO THIS ORDINANCE. All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 19th day of April 2022. ATTEST: CITY OF ANDOVER: Michelle Harmer, City Clerk Sheri Bukkila, Mayor TITLE 12 ZONING REGULATIONS Subject Chapter Title; Purpose; Application.........................................1 Rules And Definitions.................................................2 Zoning Districts And Map...........................................3 General Zoning Provisions.........................................4 Setback Requirements...............................................5 Accessory Buildings And Temporary Structures ........6 Fences And Walls......................................................7 Signs.......................................................................... 8 Home Occupations.....................................................9 Nonconforming Uses And Structures .......................10 Permitted, Conditional And Prohibited Uses Enumerated............................................................11 Requirements For Specific Conditional Uses ........... 12 Requirements For Specific Interim Use Permits ......13 Performance Standards...........................................14 Administration And Enforcement..............................15 CHAPTER 1 TITLE; PURPOSE; APPLICATION SECTION: 12-1-1: Short Title 12-1-2: Purpose 12-1-3: Application Of Provisions 12-1-4: Separability 12-1-1: SHORT TITLE: This title shall be known, cited and referred to as the ANDOVER CITY ZONING ORDINANCE except as referred to herein, where it shall be known as "this title". (Amended Ord. 8, 10-21-1970) 12-1-2: PURPOSE: This title is adopted for the purpose of: A. Protecting the public health, safety, morals, comfort, convenience and general welfare. B. Dividing the city into zones and districts, restricting and regulating herein the location and use of structures and the land. C. Promoting orderly development of the residential, business, industrial, recreational and public areas. D. Providing adequate light, air and convenience of access to property. E. Limiting congestion in the public rights-of-way. F. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them. G. Providing for the compatibility of different land uses and the most appropriate use of land throughout the city; protecting and guiding the development of rural areas. H. Conserving and developing natural resources. Fostering agriculture and other industries. J. Preventing a wasteful scattering of population. K. Securing safety from flood. L. Reducing waste from excessive miles of roads. M. Conserving the natural and scenic beauty and attractiveness of roadsides. N. Providing for the administration of this title and amendments thereto. O. Defining the powers and duties of the administrative officers and bodies, as provided hereinafter. P. Prescribing penalties for the violation of the provisions of this title or any amendment hereto. (Amended Ord. 8, 10-21-1970) 12-1-3: APPLICATION OF PROVISIONS: A. Minimum Requirements: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. B. More Restrictive Provisions Apply: Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other laws, ordinances, statutes, resolutions, or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail C. Compliance With Provisions: Except as in this title specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this title. D. Annexed Land: 1. When land is proposed to be annexed to the city, the Planning and Zoning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the governing body. 2. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the most restrictive district and such classification shall be considered as an interim step pending permanent classification. (Amended Ord. 8, 10-21- 1970) 12-1-4: SEPARABILITY: It is hereby declared to be the intention that the several provisions of this title are separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgment shall not affect other property, buildings, or structures. (Amended Ord. 8,10-21-1970) CHAPTER 2 RULES AND DEFINITIONS SECTION: 12-2-1: Rules Of Word Construction 12-2-2: Definitions 12-2-1: RULES OF WORD CONSTRUCTION: The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction: A. The singular number includes the plural and the plural the singular B. The present tense includes the past and future tenses, and the future the present. C. The word "shall' is mandatory, and the word "may" is permissive. D. Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in such neuter genders. E. The masculine gender includes the feminine and neuter genders. F. All measured distances expressed in feet shall be to the nearest tenth of a foot. In event of conflicting provisions, the more restrictive provision shall apply. (Amended Ord. 8,10-21-1970) 12-2-2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: ACCESS DRIVE: A road with a width of at least twenty feet, as required by Fire Code, constructed of material that can provide all-weather driving capabilities for emergency vehicles. (amd. Ord. 314,10-4-2005) ACCESSORY DWELLING UNIT (ADU): A subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking, and sanitation, accessory to a single-family dwelling (hereinafter principal dwelling unit). (Amended Ord. 463, 6-21-16). ACCESSORY USE OR STRUCTURE: A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area. (Amd. 4/18/06, Ord. 325A) AGRICULTURAL USE, URBAN: An area of less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. (Amd. 4/18/06, Ord. 325A) AIRPORT OR HELIPORT: Any land or structure which is used or intended for use for the landing and takeoff of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other structures or rights of way. ALLEY: A public right-of-way which affords a secondary means of access to abutting property. ANIMAL ASSISTED THERAPY (AAT): Also known as pet therapy, is a goal -directed type of therapy, delivered and/or directed by a health/human service provider working within the scope of his or her profession, in which an animal meeting specific criteria is used as an integral part of a treatment process designed to promote improvement in the physical, social, emotional, and/or cognitive functioning of the patient. (Amd. 10/20/09, Ord 388) ANIMAL THERAPY FACILITY: A facility that provides Animal Assisted Therapy on properties larger than five acres in size. ANIMALS, DOMESTIC: Dogs, cats and other similar animals that can be purchased at a retail pet store and maintained indoors. (Amd. 4/18/06, Ord. 325A) ANIMALS, FARM: Animals commonly kept on a farm, such as cattle, swine (including pot-bellied pigs), sheep, goats, and other similar animals, excluding poultry. (Amd. 4/18/06, Ord. 325A; Amended Ord. 426, 1/2/13) ANIMALS, NONDOMESTIC: Animals not defined as domestic, farm or pleasure/recreational animals that are of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property including the prohibited animals listed in City Code 5-1 C-2. (Amended Ord. 325A, 4-18-2006) ANIMALS, PLEASURE/ RECREATIONAL: Horses, ponies, foals, donkeys, burros, mules, alpacas and llamas. (Amended Ord. 325A, 4-18- 2006) APARTMENT: A dwelling unit, generally rented, located within a larger building. An apartment building, which is a type of multifamily dwelling, generally contains three (3) or more apartment dwelling units. (See also multifamily dwelling) AUTO REDUCTION YARD: A lot or yard where two (2) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. AUTOMOBILE SERVICE STATION: All premises whereon the owner or occupant conducts the business of furnishing, selling or dispensing motor fuel and liquified petroleum for motor vehicles. These regulations shall also pertain to automobile repair, service and painting establishments. (Amended Ord. 314, 10-4-2005) AVERAGE FOOT-CANDLE: The level of light measured at an average point of illumination between the brightest and darkest areas. BASEMENT: A portion of a building located partly underground but having less than half its floor to ceiling height below the average grade of the adjoining ground. BED AND BREAKFAST: A small lodging establishment that offers overnight accommodations and breakfast for a fee, but usually does not offer other meals. (Amended Ord. 436, 4-15- 2014) BOARDING HOUSE (ROOMING OR LODGING HOUSE): A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. BUILDING: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel, and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. BUILDING HEIGHT: A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of the portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. BUILDING MATERIALS: Construction equipment and building materials Currently being used for the construction of a structure on a premise of a property for which an active building permit has been applied for and issued. (Amended Ord. 380, 4/21/09) BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CARPORT: An automobile shelter having one or more sides open. CELLAR: That portion of the building having more than one-half (1/2) of the floor to ceiling height below the average grade of the adjoining ground. CEMETERY: Land used for the burial of human bodies, excluding crematoriums. (Amended Ord. 314, 10-4-2005) CLUB, PRIVATE: A place of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group. (Amended Ord. 436, 4-15-2014) CLUB, PUBLIC: A place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is non- profit. (Amended Ord. 436. 4-15-2014) COMMERCIAL FEEDLOT: An area where fifteen (15) or more nondomestic animals are confined. COMMERCIAL GREENHOUSE: A retail business where the primary operations are the selling of landscaping and plant materials grown on site either in an enclosed building or outside. (Amended Ord. 436, 4-15-2014) COMMERCIAL RECREATION: A recreation facility operated as a business and open to the public for a fee. COMMERCIAL VEHICLE: Any vehicle, including truck, semi -tractor, or van, primarily used for the movement of cargo or passengers in the normal operation of a business. COMMUNITY: City of Andover. COMPOSTING FACILITY: A commercial, industrial or institutional facility that is primarily engaged in the disposal of yard waste not typically collected by commercial and residential waste haulers. Yard waste includes compostable items such as leaves, lawn clippings and shrub prunings but, for the proposes of this definition, also includes tree branches, tree trunks, and stumps from removed trees. COMPREHENSIVE PLAN: Unless otherwise stated, it is the general plan for land use, transportation, and community facilities prepared and maintained by the community Planning and Zoning Commission. CONDOMINIUMS: A form of individual ownership of property as defined by the uniform condominium act of the state of Minnesota'. CONTINUOUS OPERATION: Describes a business that is open to the public for some portion of each hour of the 24 -hours in a day. I also includes a business that is open to the public for more than 5 hours of the overnight period beginning at 11 pm and ending at 7 am. (Amended Ord. 421, 10/2/12) CONTRACTORS' SHOPS AND STORAGE YARDS: An area and/or building used for the storage and maintenance of equipment, materials, or vehicles devoted to use by a person who contracts to supply certain materials or to do certain work in the field of building trades or landscaping. (Amended 7/21/20, Ord. 509) CREMATORIUM: A place within a funeral home where bodies are consumed by incineration and the ashes of the deceased are collected for permanent burial or storage in urns as a part of a funeral conducted on the site subject to the setback requirements of City Code 12-5 . Any other cremations shall be subject to limitations by the City Council through the Conditional MSA § 515A.1-101 et seq. Use Permit process based on the location, size of the site, surrounding land uses and any other health or safety concerns. (Amended Ord. 314, 10-4-2005) CURB LEVEL: The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this title. DAYCARE CENTER: Any facility, public or private, that, for compensation or otherwise, provides for the care of children outside their homes for periods of less than twenty-four (24) hours per day. Daycare centers include, but are not limited to, day nurseries, nursery schools, childcare centers and daycare facilities (includes family and group family daycare facilities per Minnesota State Statutes). (Amended Ord. 436, 4-15-2014) DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site. (Amd. 4/18/06, Ord. 325A) DENSITY ZONING: The permission of lower density (lot areas) standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the district but with all land excluded from the lot area requirements added onto public or semipublic open space (park, playground, school site, walkway or other approved open green space). DOG KENNEL, COMMERCIAL2 : Any place where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein. 2 See also section 5-1A-1 of this code, definition of "kennel, commercial'. DOG KENNEL, PRIVATE' : A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and nol for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein. DRIVE IN BUSINESS: Any business in which people are provided a service or a sale is made without the passenger being required to leave the vehicle. DROP IN CHILDCARE CENTER: A center whose total licensed capacity is based primarily on children who attend on an irregular basis. DRY CLEANING PROCESSING: The business of processing clothing through a special cleaning process that involves the use of the chemical known as "perchloroethylene" or "PERU, or other state or federally approved chemicals. The scope of this use is to accommodate the processing of clothes that are dropped off at the site approved for the use and up to 4 additional drop sites. The site and the processing equipment therein shall be sized accordingly. This scope of this use is not intended to serve as a regional processing center for large scale operations. (Amended Ord. 323, 2-7-2006) DUPLEX, TRIPLEX, Means a dwelling structure on a single lot, having AND QUADRAMINIUM: two, three, or four units respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. DURABLE AND DUSTLESS SURFACE: Asphalt, concrete, or other surface (water sealed) as approved by the engineer or building official. DWELLING, ATTACHED (SINGLE-FAMILY): A dwelling attached to one or more dwellings by common walls or floors. (See Performance ' See also section 5-lA-1 of this code, definition of "kennel, private" Standards in Chapter 13 of this title). DWELLING, DETACHED: (SINGLE-FAMILY): A dwelling that is not attached to any other dwelling. DWELLING, DUPLEX: A building designed as a single structure, containing two separate living units, each of which is designed to be occupied as a separate, independent permanent residence. DWELLING, MULTI -FAMILY: A building or portion thereof containing three (3) or more dwelling units. (Apartment buildings and condominium buildings are examples of multifamily dwellings) DWELLING, A building containing two attached dwelling units, TWIN HOME: side-by-side, that share a common wall at the lot line and does not utilize a homeowners' association DWELLING, A building designed with two separate dwelling units TWO FAMILY: intended for occupancy by two families. A principal dwelling unit that contains an accessory apartment is not considered a two-family dwelling. (See also Dwelling, Duplex or Dwelling, Twin Home) DWELLING UNIT: A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, boarding or rooming houses, tourist homes or trailers. It shall include manufactured homes. EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside. EXTERIOR STORAGE (INCLUDES OPEN STORAGE): The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. 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. FARM TRUCK: A. All single unit trucks, truck tractors, tractors, semi- trailers, and trailers used by the owner thereof to transport agricultural, horticultural, dairy, and other farm products, including livestock, produced or finished by the owner of the truck, and any other personal property owned by the farmer to whom the license for the truck is issued, from the farm to market, and to transport property and supplies to the farm of the owner. Trucks, truck tractors, tractors, semi -trailers, and trailers registered as "farm trucks" may be used by the owner thereof to occasionally transport unprocessed and raw farm products, not produced by the owner of the truck, from the place of production to market when the transportation constitutes the first haul of the products, and may be used by the owner thereof either farmer or logger, who harvests and hauls forest products only, to transport logs, pulpwood, lumber, chips, railroad ties and other raw and unfinished forest products from the place of production to an assembly yard or railhead when the transportation constitutes the first haul thereof; provided, that the owner and operator of the vehicle transporting planed lumber shall have in his immediate possession a statement signed by the producer of the lumber designating the governmental subdivision, section and township where the lumber was produced and that this haul, indicating the date, is the first haul thereof. The licensed vehicles may also be used by the owner thereof to transport, to and from timber harvesting, any gravel and other road building materials for timber haul roads. B. "Farm trucks" shall also include only single unit trucks, which, because of their construction, cannot be used for any other purpose and are used exclusively to transport milk and cream enroute from a farm to an assembly point or place for final manufacture, and for transporting milk and cream from an assembly point to a place for final processing or manufacture. This definition shall not be construed to mean that the owner or operator of the truck cannot carry on usual accommodation services for patrons on regular return trips, such as butter, cream, cheese and other dairy supplies. FARM WINERIES: A rural residential property that is a minimum of 2'/z acres in size, where the owner is engaged in making of table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, in conformance with State Statutes and Federal Laws. (Amd. 2/20/07, Ord. 339) FEEDLOT, LIVESTOCK: The place of confined feeding of livestock, poultry, or other animals for food, fur, pleasure or resale purposes in yards, lots, pens, buildings, or other areas not normally sued for pasture or crops and in which substantial amounts of manure or related other wastes may originate because of such feeding of animals. (Amd. 4/18/06, Ord. 325A) FINANCIAL INSTITUTION: An institution established for the receiving, keeping, lending, or sometimes issuing of money and making easier the exchange of funds by checks, notes, etc. These include, but are not limited to, banks, mortgage bankers, savings and loan associations, and similar lending or banking institutions. FLOOR AREA: In R-1 through R-4 districts for one- and two-family dwelling units, "floor area" shall be defined as the square footage of ground coverage of the structure, exclusive of the garage; except, that full two-story structures shall require only a minimum of eighty percent (80%) of the district requirements for "floor area" as defined herein. For the purpose of application of this term, a "full two-story" shall be defined as a structure of which the second story contains at least sixty percent (60%) of the minimum square footage of floor area for the applicable district. FOOT-CANDLE: The international unit of illumination produced on a surface. FULLY SHIELDED LIGHT FIXTURE: No light shines above the horizontal, from any part of the fixture either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire. GARAGE, PRIVATE: A detached or attached accessory building or carport, which is used primarily for storing passenger vehicles or trailers. GARAGE, PUBLIC: A building or portion of a building, except any herein defined as a "private garage" or as a "repair garage", used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use. GOVERNING BODY: City Council. GROUP FAMILY DAYCARE FACILITY: Means a daycare for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (Amended Ord. 436, 4-15- 2014) GUESTHOUSE: An accessory building detached from the principal building where accommodation for sleeping is provided but no kitchen facility is provided. HOME OCCUPATION: Any gainful occupation or profession clearly secondary to the main use of the dwelling as a residence that is conducted entirely within the dwelling or as allowed by Conditional Use Permit and which meets the requirements of Chapter 9 of this title. HOTELS AND MOTELS: An establishment containing rooming units providing temporary lodging accommodations to the public, and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and which may provide additional services such as restaurants, meeting rooms, entertainment, and recreational facilities. IESNA: Illuminating Engineering Society of North America. INCINERATORS: Any structure or equipment for the burning of trash not within a building. JUNKYARD: An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber, tires and bottles. K-12 SCHOOL: Any building or group of buildings, the use which meets the compulsory education laws of the State of Minnesota for elementary school, middle school Qunior high school), secondary school (senior high school). (Amended Ord. 436. 4-15-2014) KENNEL, ANIMAL (EXCEPT DOGS): Any place where four (4) or more of any single type of domestic animal, over four (4) months of age, is owned, boarded, bred, or offered for sale. LAND RECLAMATION: The reclaiming of land by depositing of materials so as to elevate the grade. Any lot or parcel upon which four hundred (400) cubic yards or more of fill is to be deposited shall be considered "land reclamation". LANDSCAPING: Planting, such as trees, grass, and shrubs. LIGHTING, DIFFUSED: Lighting that is filtered or dispersed so as to be reduced in intensity. LIGHTING, INDIRECT: Lighting designed so that the direct source of light is not visible, and is screened through plastic, neon tube, or similar design. LIQUID STORAGE SYSTEM, LIQUID STORAGE TANK OR TANK: Any one or a combination of containers including tanks, vessels, enclosures, or structures and underground appurtenances connected to them, that is used to contain or dispense an accumulation of liquid substances deemed by the city to pose a threat to the public's health, safety or welfare. (Amended Ord. 314,10-4-2005) LODGING ROOM: A room rented as sleeping and living quarters but without cooking facilities. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one lodging room. LOT: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this title, abutting on a public street, and of sufficient size to provide the yards required by this title. LOT AREA: The area of a lot in a horizontal plane bounded by the lot lines. LOT AREA PER FAMILY: The number of square feet of lot area required per dwelling unit. LOT, CORNER: A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees (135°). LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot. LOT LINE: A property line bounding a lot; except, that where any portion of a lot extends into the public -right -of way, the line of such public right-of-way shall be the lot line for applying this title. LOT LINE, FRONT: That boundary of a lot which abuts an existing or dedicated public street and, in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City Council. If the corner lot is located outside the Metropolitan Urban Service Area (MUSA) and lacks municipal sanitary sewer, the owner may designate the front line, provided one of the lot lines abutting a public street meets the minimum width requirement for the zoning district. Setbacks shall be determined by said designation of front lot line. LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a rear lot line. LOT OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered but for which a deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the County Recorder of Anoka County, Minnesota, prior to the effective date of this title. LOT, THROUGH: A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a "through lot", both street lines shall be front lot lines for applying this title. LOT SPLIT The division of a tract of land into no more than two (2) lots or parcels of land. LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at the front setback line. (Amended Ord. 314,10-4-2005) LUMBERYARD: A retail business that stores lumber and wood related products to be sold for use in construction and/or home improvement. (Amended Ord. 380, 4/21/09) MANUFACTURED HOME: A structure, transportable in one or more sections that, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except, that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under Minnesota statutes chapter 327 including the manufactured home building code adopted therein. MANUFACTURED HOME PARK: Any premises which has facilities to accommodate one or more occupied manufactured homes. MANUFACTURING: Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, food and beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing and textiles. (Amended Ord. 436, 4-15- 2014; Amended 7/21/20, Ord. 509) MEDICAL AND DENTAL CLINICS: Those uses concerned with the diagnosis, treatment and care of human beings not requiring overnight care. MINI STORAGE: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. MINING: The extraction of sand and gravel or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing. MODULAR HOMES: A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made permanently affixing it to the site, built to meet or exceed the state building code. A _►Y, FUNERAL HOME: A building used for human funeral services that may contain space and facilities for funeral services, preparation of the dead for burial, the performance of autopsies and other surgical procedures on the dead, the storage of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles. A funeral home shall not include facilities for cremation, unless allowed by a Conditional Use Permit. A funeral chapel shall be considered an accessory use to a funeral home. (Amended Ord. 314, 10-4-2005) MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate or interstate shipment by motor truck. MOTOR VEHICLE: Any self-propelled vehicle not operated exclusively upon railroad tracks vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles and mobile homes. MULTIPLE CONVERSIONS: Where the owner of a multiple dwelling transfers ownership of the dwelling units to separate owners (i.e., renters can become owners of their respective dwelling units). NON -CONFORMING STRUCTURE: Any structure permitted by the previous zoning ordinance and existing upon the effective date of this title, which would not conform to the applicable regulations if the structures were to be erected under the provisions of this title. NON -CONTINUOUS OPERATION: Describes a business that closes to the public for at least five hours duration between the hours of 11 pm and 7 am each day of the week. (Amended Ord. 421, 10/02/12) NOXIOUS MATTER OR MATERIAL: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. NURSERY, DAY: A use where care is provided for pay for three (3) or more children under kindergarten age for periods of four (4) hours or more per day. OFF SITE THERAPEUTIC MASSAGE SERVICES: Massage services conducted away from a licensed massage establishment. Such off-site massage service locations include, but are not limited to, businesses and private homes. OFF-STREET LOADING SPACE: A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of size as to accommodate one vehicle of the type typically used in the particular business. OFFICE USES: Those commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. These include: banks, general offices, governmental office, insurance office, real estate office, taxicab office but not taxi stand, travel agency or transportation ticket office, telephone exchange, utility office, radio broadcasting and similar uses. ON-SITE THERAPEUTIC MASSAGE SERVICES: Massage services conducted at a licensed massage establishment. Such on site massage service locations shall include, but shall not be limited to, businesses and private homes. OPEN SALES LOT (EXTERIOR STORAGE): Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise and for the storing of same under the open sky prior to sale. ORNAMENTAL FENCE: A fence not greater than six feet (6') in height that is constructed from aluminum, wrought iron or steel, with pickets no greater than two inches (2") in width and no less than four inches (4") apart. Vertical support posts shall not exceed six inches (6") in width and shall be spaced a minimum of four feet (4') apart. Horizontal framing crosspieces shall not exceed three inches (3") in width. No other material shall obstruct visibility through the fence. Chain-link fences are specifically excluded from this definition. OUTDOOR DISPLAY STORAGE AND SALES: Means to store or exhibit, outside a commercial or industrial building, a representative sample of merchandise, goods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. (Amended Ord. 380, 4/21/09) PARAPET: The extension of the main walls of a building above the roof level. PARKING SPACE: A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store a standard automobile. PARTY WALL: A wall which divides two (2) adjoining properties and in which each of the owners of the adjoining properties has rights of enjoyment. PASSENGER AUTOMOBILE: Any motor vehicle designed and used for the carrying of not more than ten (10) persons including station wagons but excluding motorcycles and motor scooters. For purposes of taxation, "passenger automobile" includes pickup trucks and vans. PASSENGER VEHICLE: Any vehicle classified as a passenger automobile, pickup truck, or van. "Passenger vehicle" does not include motorcycles, motorized bikes, buses, railroad vehicles, farm trucks and special mobile equipment. PERSONAL SERVICES: Establishments primarily engaged in providing services involving the care of a person or his or her apparel, such as: barber and beauty shops, carpet and upholstery cleaning, catering services, daycare centers, health clubs and spas, laundry and dry cleaning, locksmiths, optical goods stores, pet grooming shops, rapid or quick print shops, shoe repair shops, tailor shops, tax service, travel bureaus. PHOTOMETRIC PLAN: A point by point plan depicting the intensity and location of lighting on the property. PICKUP TRUCK: Any truck with a manufacturer's nominal rated carrying capacity of three-fourths (3/4) ton or less and commonly known as a "pickup truck". PLANNED UNIT DEVELOPMENT (PUD): A development with alternative development standards approved by the City Council to create a higher quality development than might otherwise be achieved through the strict application of this code. The PUD is an overlay to the original zoning district; and the use of a PUD allows the development to deviate from the standards of the original zoning district. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the city unless otherwise designated'. POST -SECONDARY SCHOOL: Any building or group of buildings, the use of which is higher in education than secondary school (senior high school). (Amended Ord. 436, 4-15-2014) POULTRY: Domestic fowls, such as chickens, turkeys, ducks or geese, raised for meat or eggs. (Amd. 4/18/06, Ord. 325A) DIFFICULTIES: As used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (Amended Ord. 407, 6-21-11) PRINCIPAL ENTRANCE: That entrance of a building designed for use by customers, visitors and tenants; however, it does not include loading doors, service entrances, doors to storage areas or similar entrances. PRINCIPAL STRUCTURE OR USE: One which determines the predominant use 1 See title 2, chapter 2 of this code. as contrasted to accessory use or structure. A "principal use" may be either permitted or conditional. PRIVATE CLUB OR LODGE: A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. PROFESSIONAL STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or artisan. (Amended Ord. 436; 4-15-14) PUBLIC LAND: Land owned or operated by municipal, school district, county, state or other governmental units. RACETRACK: Any area where two (2) or more power -driven vehicles or animals are raced for profit or pleasure. RECREATION EQUIPMENT (IN RESIDENTIAL DISTRICTS): Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. RECREATIONAL VEHICLE: Travel trailers, truck campers, camping trailers and self-propelled motor homes and converted buses licensed as an RV, or boats, snowmobiles, all -terrain vehicles, and other similar vehicular portable structures without permanent foundation, which can be towed, hauled or driven and primarily designed for temporary living accommodation and/or for recreational, camping and travel use. Recreational vehicles parked on or inside a single trailer should be considered as one recreational vehicle RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. RENTAL BUSINESS: The rental of equipment associated with the primary use of the property. (Amended Ord. 436, 4-15-2014) REPAIR GARAGE: Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. REPAIR SERVICE: Repair and/or servicing of such items as musical, scientific and medical instruments, photographic equipment, jewelry, watches, clocks, small household appliances, office machines, shoes and clothes, and similar uses. RESEARCH: Medical, chemical, electrical, metallurgical or other scientific research conducted in accordance with the provisions of this title. RESEARCH LABORATORY: An establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigations with the objective of creating products. RESORT: A place that is a destination for vacation or recreation, rest, or frequented for a particular purpose, often with food and/or entertainment. (Amended Ord. 436, 4-15-2014) REST HOME (NURSING HOME): A private home for the care of children or the aged or infirm or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illness or infirmities. RETAIL TRADE AND SERVICES: A business having as its primary function the supply of merchandise, wares, and/or personal services to the consumer. (Amended Ord. 436, 4-15-2014) RIGHT-OF-WAY: A strip of land acquired by dedication, reservation, prescription or condemnation occupied or intended to be occupied by a street, sidewalk, trail, snow storage, traffic control signs and devices, utilities and utility structures and drainage. (Amended Ord. 314, 10-4-2005) ROOSTER: Rooster shall be defined as a male chicken. (Amended Ord. 524, 9-21-21) SEMI -TRAILER: Any vehicle of the trailer type so designed and used in conjunction with a truck tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and shall include a trailer drawn by a truck tractor semi -trailer combination. SETBACK: The minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level. SHOPPING CENTER: Any grouping of two (2) or more principal retail uses, whether on a single lot or abutting lots, under multiple or single ownership. SIGHT TRIANGLE: On corner lots (including rural areas), nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (2'/2) and ten feet (10') above the centerline grades of the intersecting streets within fifteen feet (15') of the intersecting street right of way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within fifteen feet (15') of any intersecting street right of way lines. SIGN: A name, identification, description, display, structure, illustration, or device which is affixed, painted, or represented either directly or indirectly upon a building or other surface which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN, ABANDONED: A sign which no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed, or elsewhere. SIGN AREA: The area within the frame shall be used to calculate the square footage; except, that the width of a frame exceeding twelve inches (12") shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6") beyond the periphery formed around such letters or graphics in a plane bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. SIGN STRUCTURE: The supports, upright, braces and framework of the sign. SIGN STYLES: Sign, Audible: Any sign constructed to produce or emit sound. This shall not include order boards used in conjunction with a drive-thru window. Sign, Bench: A sign that is affixed to a bench, not to include memorial dedications in park areas. Sign, Combination: A sign incorporating a combination of the features of freestanding and wall signs. Sign, Flashing: An illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color. Sign, Freestanding: A sign that is supported by one or more uprights, poles or braces in or upon the ground, other than a combination sign. This shall include ground monument style signs. Sign, Illuminated: Any sign that has characters, letters, figures, designs or outlines illuminated by electric lights or tubes. Sign, Multifaced: A sign with two (2) or more exposed faces, not to exceed the square footage allowed for a single face sign. Sign, Reader Board: A sign that has a reader board where copy changes. Sign, Roof: A sign erected upon the roof deck or above the parapet of a building. Sign, Wall: A sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN TYPES: Sign, Area Identification: A freestanding sign that identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center or area, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above, could be termed an area identification sign. Sign, Ballfield Advertising: A sign that is attached to the outfield wall or fence of a baseball or softball field and advertises a business, good, or product. (Amended Ord. 330, 6-6-2006) Sign, Billboard: A permanent sign or sign structure with a changeable face used to advertise products, goods, or services that are not sold, offered, or otherwise related to activities conducted on the premises on which the sign is located. Sign, Business Or Industrial Identification: A sign which states the name, address, or both, of the businesses, or occupants of a lot. Sign, Governmental: A sign that is erected by a governmental unit or public utility for the purpose of public information, warning or directing traffic. Sign, Institutional: A sign and/or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: religious institutions, schools, sanitariums, hospitals, government buildings and nursing homes). (Amended Ord. 480, 3-20-18) Sign, Memorial Dedication: A sign memorializing a person or persons, deed, or event. Such signs shall not include any type of advertising or commercial message. Sign, Real Estate: A sign offering property (land and/or buildings) for sale, lease or rent. Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, religious institutions, or other non -business use. (Amended Ord. 480, 3-20-18) Sign, Scoreboard Advertising: A sign attached to a permanent scoreboard structure at an athletic field that advertises a business, good or product. (Amended Ord. 330, 6-6-2006) Sign, Temporary: Any sign placed in such a manner as not to be solidly affixed to any building, structure, or land. Sign, Unsightly: A condition where a sign has deteriorated to the point that one-fourth (1/4) or more of the surface of the name, identification, description or other symbol is no longer clearly recognizable to the human eye at a distance of forty feet (40'). In the case of painted signs, "unsightly" shall mean that the paint is peeling away from the structure surface or is faded so that it is not recognizable to the human eye at a distance of forty feet (40'). SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. (Amended Ord. 463, 6-21-16) SPECIAL MOBILE EQUIPMENT: Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus, moving dollies and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, non- farm tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, drag lines, self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, truck mounted feed grinders or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. STOOP: A platform or deck which is the top level of a stairway system that extends from the entrance of a building. (Amd. 4/18/06, Ord. 325A) STORY: That portion of a building between a floor and ceiling with a minimum height of seven feet (T). A basement shall not be counted as a story in a residential structure. STREET: A public or private roadway intended to be used for the passage or travel by vehicles, pedestrians, bicyclists and related maintenance activities. Streets may be local, collector or arterials as defined by the Comprehensive Plan. (Amended Ord. 314, 10-4- 2005) STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. This shall include signs. SUBDIVISION: The division of a tract of land into two (2) or more lots or parcels of land for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided SUBORDINATE CLASSROOM STRUCTURES: Those structures erected upon a lot containing a school or religious institution structure as the principal use, for the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. (Ord. 374; 12-2-08; Amended Ord. 480, 3-20-18) TEMPORARY FAMILY HEALTH CARE FACILITY: A mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally and physically impaired person. (Amended Ord. 463, 6-21-16) '0:1: 1 STRUCTURE: A structure not permanently erected on a site (without a foundation), other than a living unit, that is used for emergency purposes or used on a construction site for offices and equipment storage during construction of a permanent structure. THEATER: A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performance. THERAPEUTIC MASSAGE: The practice of applying pressure on, or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of mechanical or electrical apparatus, appliance or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. THERAPEUTIC MASSAGE ESTABLISHMENT: An establishment in the business of providing therapeutic massage services (on site and off site) to the public. TOWNHOUSES: Attached dwelling units each with a separate entrance to front and rear yards. TRAILER: A vehicular type, portable structure without permanent foundation and capable of movement when drawn by another vehicle as it's means of propulsion and, primarily designed for towing or hauling cargo and/or things. TRAILER PARK: Any premises which has facilities to accommodate one or more occupied travel trailers on a seasonal basis. TRANSPORTATION TERMINAL: Truck, bus terminal (other than school bus terminal) and storage area, including motor freight (solid and liquid) terminal, but only if necessary to a principal use permitted in industrial districts. TRAVEL TRAILER: Any type of vehicle having less than two hundred (200) square feet of living space which can be readily adapted to or does provide facilities for a person or persons to eat or sleep and is readily adaptable for transporting. TRUCK: Any motor vehicle designed and used for carrying things other than passengers, except pickup trucks and vans included within the definition of "passenger automobile". TRUCK TRACTOR (TRACTOR): Any motor vehicle designed and used for drawing other vehicles and having no provision for carrying loads independently nor constructed to carry a load other than a part of the weight of the vehicle and load drawn. TWO-FAMILY HOME CONVERSIONS: The changing of an existing two-family home from sole ownership into two (2) separate ownerships. UNIFORM RATIO: The maximum to minimum value between adjacent luminaries. USE: The purpose or activity for which the land, structure or building thereon is designed, arranged or intended, or for which it is occupied or maintained. USE, CONDITIONAL: Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After consideration, in each case, of the impact of such use upon neighboring land, and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted by the governing body. USE, OPEN: The use of a lot without a building, or including a building, incidental to the open use with a ground floor area equal to five percent (5%) or less of the area of the lot. USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards of such district. USED AUTO PARTS: The processing, storage, and sale of secondhand or used automobile or other vehicle parts, provided such use is established entirely within enclosed buildings. UTILITY — PRIVATE: Includes cable television, electric, gas, phone, steam, communication services or the like. (Amended Ord. 436, 4-15-2014) UTILITY — PUBLIC: Includes municipal sanitary sewer, water, storm sewer and any other municipal utility installed by or for the City of Andover. (Amended Ord. 436, 4-15-2014) VAN: Any vehicle of box like design with no barrier of separation between the operator's area and the remainder of the passenger carrying or cargo carrying area, and with manufacturer's nominal rated carrying capacity of three-fourths (3/4) ton or less and commonly known as a "van". VETERINARY: Those uses concerned with the diagnosis, treatment and care of animals, including animal or pet hospitals. WAREHOUSING: The storage of materials or equipment within an enclosed building as a principal use. YARD: The required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this title. The "yard" extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulation for the zoning district in which such lot is located. YARD, FRONT: The yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to the depth required in the setback regulations for the zoning district in which such lot is located. YARD, REAR: The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line extending the full width of the lot. YARD, SIDE: The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. ZONING DISTRICT: An area or areas within the limits of the City of Andover for which the regulations and requirements governing use are uniform. (Amended Ord. 8, 10-21- 1970; amd. Ord. 8000000, 8-5-2002; Ord. 81PPPPPP, 8-20-2002; 2003 Code; Ord. 293, 7-6- 2004; Ord. 294, 7-6-2004; Ord. 298, 8-4-2004) CHAPTER 3 ZONING DISTRICTS AND MAP SECTION: 12-3-1: Purpose of Zoning Districts 12-3-2: Zoning Districts Established 12-3-3: Purpose of Each District 12-3-4: Zoning District Map 12-3-5: Minimum District Provisions 12-3-1: PURPOSE OF ZONING DISTRICTS: The zoning districts are so designated as to assist in carrying out the intent and purposes of the Comprehensive Plan and to control residential densities in such manner as to adequately provide public services and utilities. The zoning districts are based upon the Comprehensive Plan which has the purpose of protecting the public health, safety, convenience and general welfare by controlling the needs for public utilities, protecting against traffic congestion and accident hazards, protecting the public health from adverse influences generated by nonresidential uses, protecting against the danger of fire, conflagration, and other purposes of a similar nature. (Amended Ord. 8,10-21-1970, (Amended Ord. 314 10-4-2005) 12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title, the city is hereby divided into the following zoning districts: Residential Districts: RR Single Family Rural Reserve R-1 Single Family Rural Residential R-2 Single Family Residential Estate R-3 Single Family Suburban Residential R-4 Single Family Urban Residential R-5 Single Family Medium -Low Density M-1 Multiple Dwelling Medium Density M-2 Multiple Dwelling High -Low Density M-3 Multiple Dwelling High Density Commercial/Industrial Districts: NB Neighborhood Business SC Shopping Center GB General Business I Industrial CLR Closed Landfill Restricted Overlay Districts: AgP Agricultural Preserve SR Scenic River Overlay District SL Shoreland Overlay District (Amended Ord. 8,10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005; Amended Ord. 468, 6-6-17) 12-3-3: PURPOSE OF EACH DISTRICT: A. RR Single Family Rural Reserve: Rural Reserve District is approximately one thousand acres in size to accommodate future urban growth beyond the previously planned Municipal Urban Service Area. This area is designated as an area of which is restricted from urban development until a master plan has been approved and municipal sewer and water can be constructed to serve the area. The city prohibits lot splits and subdivisions of less than one parcel per ten acres to prevent this area from rural residential development that would preclude orderly MUSA expansion. However, there are opportunities to allow for rural reserve lot splits of 5 acres minimum in situations which ensure that the majority of the residual land be preserved for future economical urban development as long as the provisions of the city codes are met. The intent of the ordinance is to allow subdivision of land while preserving residual land for future economical urban development. (Amended 468, 6-6-17) B. R-1 Single Family Rural Residential: 1. This district is intended to provide a residential atmosphere for those persons desiring to retain a large parcel of land. Such large lots are logical in areas where development into smaller lots would be difficult, or where public utilities will not be available in the foreseeable future. Furthermore, larger houses are more costly and require larger lots. Thus, to provide an area to accommodate those persons with the financial means to erect a large house, it is necessary to have an area of large lots. 2. Land which is wooded, or which has a changing topography, and low land which tends to be poor agriculturally is also the most expensive to develop for residential sites and, after development, the sites tend to be expensive to maintain. Such areas are the most interesting and most susceptible to large lot development. The district also is intended to preserve productive land for agricultural use. (Amended Ord. 314, 10-4- 05) C. R-2 Single Family Residential Estate: This district is intended to provide a residential atmosphere for those persons desiring a single-family neighborhood with a suburban density. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments prior to 1978. No existing properties may be rezoned to R-2. (Amended Ord. 8, 10-21- 1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) D. R-3 Single Family Suburban Residential: This particular district is intended to satisfy those persons who prefer a medium sized lot. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments created before 1978. No existing properties may be rezoned to R-3. (Amended Ord. 314 10-4-2005) E. R-4 Single Family Urban Residential: This district represents urban density use by single-family detached dwellings. (Amended Ord. 314 10- 4-2005) F. R-5 Single Family Medium Low Density: This district is intended to provide areas suitable for a variety of attached and detached dwelling units. The R-5 District helps to address the need for life cycle housing with increased density and smaller lot sizes. This district, with appropriate transitions, can serve as a buffer between lower density residential and commercial districts and may also be appropriate along higher volume transportation corridors. G. M-1 Multiple Dwelling Medium Density: This district is intended to provide a location for medium density attached dwelling units (townhouses) with private entrances. These areas may be transitional; however, the townhouse resident should have convenient access to all facilities provided for single-family neighborhoods. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8,10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) H. M-2 Multiple Dwelling District: This district is intended to provide a location for all types of multiple dwellings. This district's location shall have convenient access to all facilities provided for neighborhoods, open space, and buffering from less intense uses. Access to an M-2 district shall be from a collector or arterial roadway. (Amended Ord. 314 10-4-2005) M-3 Multiple Dwelling High Density: This district is intended to provide affordable housing choices for all stages of the life cycle. Owner occupied as well as rental housing is permitted. These neighborhoods are created as part of a Planned Unit Development (PUD) that ensures efficient distribution of density and to achieve appropriate transitions between uses of different intensity and transportation corridors. These transitions are achieved with a combination of landscaping, berms, physical separation and preservation of natural features. PUD review is used to establish standards that are specifically designed for each development. Potential sites for this district must be evaluated to ensure enough capacity of municipal infrastructure can be provided. Locations near higher volume transportation corridors, such as collector and arterial streets is necessary to accommodate the increased level of traffic generated by this land use. Location near shopping, service, transit and park facilities is also desirable. Appropriate transitions between this district and other districts or transportation corridors are necessary. These transitions are achieved with a combination of landscaping, berms, physical separation and preservation of natural features. J. NB Neighborhood Business District: This district is used for retail sales and services in such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood Business districts are typically small plots in close proximity to or surrounded by residential areas. NB zoning districts do not require frontage on an arterial roadway and can be served by local and collector streets. However, this district shall not be served exclusively by local streets. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4- 2005) K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Locations for the SC district are larger plots that can accommodate more intensive retail development. Access shall be available from arterial roadways. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) L. GB General Business District: These are areas containing a wide variety of business uses including retail, service and semi -industrial. As such, they may contain businesses that tend to serve other business and industry as well as those catering to shopper needs. M. I Industrial District: These are areas that have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. I district uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally, those include wholesale, service and light industries that are dependent upon raw materials refined elsewhere. An industrial "park" which maintains high development standards would be zoned I. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005) N. CLR Closed Landfill Restricted: This district is intended to apply to former landfills and adjacent lands which are managed under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPGA). The purpose of the district is to limit uses of land both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place. This district shall only apply to the former landfill and pertinent adjacent lands (the limits of which are defined by the MPCA). This district shall apply whether the landfill is in public (State, MPCA, County, City, Township), Indian tribal, or private ownership. 1. Permitted Uses Uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems (i.e. gas to energy system), other response action systems, monitoring wells, or any other equipment designed to protect, monitor or otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences and gates shall be allowed under these provisions. 2. Accessory Uses Accessory uses shall be limited to installation, operation and maintenance of equipment to support permitted uses. 3. Conditional Uses Conditional uses shall be limited to passive uses to protect the integrity of the landfill area and to protect any person from hazards associated with the landfill. The landfill shall be planted in cover crops and shall be maintained by the MPCA. Any proposed conditional use must be approved by the Commissioner of the Minnesota Pollution Control Agency (MPCA) and the City of Andover. Such approved use shall not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other components of any containment system, or the function of any monitoring system that exists upon the described property. 4. Prohibited Uses and Structures All other uses and structures not specifically allowed as conditional uses, or that cannot be considered as accessory uses, shall be prohibited in the CLR District. 5. General Regulations Requirements for parking, signs, area, and other regulations are set forth in Title 12 of the City Code. (Amended Ord. 333, 9-19-2006) O. AgP: Agricultural Preserve Overlay District: These areas are areas that are cultivated for raising crops and farming as well as feeding, breeding, and raising of livestock. These areas are typically enrolled in the Agricultural Preserve or Green Acres programs as defined by the State of Minnesota. To qualify for Agricultural Preserve Program, the property must be zoned long-term agricultural by the city, with a maximum residential density of one house per forty acres. The parcel must (normally) be forty acres in size. However, smaller tracts may qualify in certain instances. P. SR: Scenic River Overlay District: See Title 13 Chapter 5 BLUFFLAND. These provisions are for the controlling of bluffland and riverland development in order to protect and preserve the scenic, recreational, natural, historical and scientific values of the Rum River in Andover in a manner consistent with Minnesota Statutes and the Management Plan for the Rum River. Q. SL: Shoreland Overlay District: See Title 13 Chapter 4 SHORELAND MANAGEMENT. This overlay district is pursuant to the authorization and policies contained in Minnesota States Chapter 103F, Minnesota Regulations Parts 6120.25000 to 6120.3900 and the planning and zoning enabling legislation in Minnesota Statures Chapter 462. 12-3-4: ZONING DISTRICT MAP: The boundaries of the districts as established by this title are as shown on the map published herewith and made a part of this title which map is designated as the "zoning district map", as amended from time to time, which map is properly approved and filed with the Zoning Administrator. The district boundary lines on said map are intended to follow street right-of-way lines, street centerlines, or lot lines, unless such boundary line is otherwise indicated on the map. In the case of un -subdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are made part of this title by reference and incorporated herein as fully as if set forth herein at length. (Ord. 8MMMMMM, 7-2-2002; amd. 2003 Code) 12-3-5: MINIMUM DISTRICT REQUIREMENTS: A. Lot splits may be allowed with lot sizes that cannot conform to the minimum district provisions as follows: 1. This provision shall only apply to lot splits which result in no more than two (2) lots. Reduced lot standards shall not be considered for plats containing more than two (2) lots. 2. Each lot within the proposed lot split shall meet at least two (2) of the following requirements for the applicable zoning district: lot width, lot depth, lot area. 3. Each lot within the proposed lot split shall provide at least ninety percent (90%) of the requirement that cannot be met. (Ord. 8CCCCCCC, 6-17-2003) B. Maximum Height: 1. Principal Structure Height: A Conditional Use Permit may be granted to allow principal buildings to exceed the height limits imposed by provisions of this title provided it is determined that: a. Adequate fire protection and other safety features are provided. b. The height and bulk of the building will not destroy a scenic or appropriate view, will not shut off light and air from surrounding properties, or otherwise be detrimental to the public. c. In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this title. (Amended Ord. 314, 10-4-05) 2. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns, silos and other agricultural structures for rural agricultural uses, b. Religious institution spires, steeples, belfries, cupolas and domes c. Chimneys, flagpoles d. Public utility facilities e. Transmission towers and antennae subject to City Code 9-11 f. Parapet walls extending not more than four feet (4') above the height of the building. (Amended Ord. 314 10-4-2005) g. Wind Energy Conversion Systems (WECS) subject to City Code 9-12. (Amended Ord. 380 3-16-10) (see chart on following pages) RR R-1 R-2 I R-3 I R-4 R-5 I M-1 I M-2 I M-3 I NB SC GB I A P Lot Area Per Dwelling Unit (Square Feet 1 -family homes 5 to 10 2.5 2.5 2.5 11,400 7,600 acres acres acres acres square feet square feet 1 -family homes (lots created before 1 acre 20,000 10/17/1978 Single-family twin homes - - 5,400 3,600 2,100 - Single-family attached - 5,400 3,600 2,100 - Multifamily Residential (lot area oer unit in square feet 1 -bedroom units 3,600 2,150 - 2 -bedroom units 5,000 5,000 Floor Area Per DwellingUnit S uare Feet 1 -family homes 960 960 1,200 960 960 960 - - 960 Single-family twin homes - - 960 960 960 - Single-family attached 960 960 960 1 -bedroom multifamily residential units 700 700 Each additional apartment bedroom(plus) 150 150 Lot Dimensions Lot Width —Front Setback Line Feet 300 300 300 300 80 52 150 150 150 150 200 100 100 300 Lot Width — Lots Created Before 10/17/1978 Feet _ _ 165 100 Lot Width Feet 1,320 Lot Depth Feet 150 150 150 150 130 130 150 150 150 150 135 150 150 " Minimum Garage Size 220+ 220+ 220+ 220+ (Square Feet) 440 440 440 440 440 1 prk 1 prk 1 prk 1 prk - 440 s ace s ace space space Nonresidential Lot Area 10 5 1 20,000 20,000 20,000 20,000 20,000 20,000 22,500 30,000 20,000 24,000 40 Acres orSquare Feet acres acres acre acres Minimum District Size Acres 2 acres 5 acres Principal Structure Maximum Height Subject 35 35 35 35 35 35 35 35 35 35 45 45 45 to City Code 12-3-5-B Land Coverage (Maximum Percent of 20 20 20 20 30 20 20 30 30 Up to Up to Up to Up to Land Covered by 40 40 40 40 Structures Building Setbacks—All Setback Measurements are from Pro a Llnes Any Yard Setback from County Road Subject to 50 50 50 50 40 50 50 50 50 50 50 50 50 City Code 12-5-3.5 Feet Front Yard Setback 40 40 40 35 351 35 30 40 40 40 40 40 40 " Feet Side Yard Principal Structure Setback from 10 10 10 10 10 7 20 30 30 103 103 103 103 Interior Lot Line (Feet)2 Side Yard Setback from Property Line Adjacent to 40 40 40 35 354 35 30 30 30 30 30 30 30 40 Street Feet Attached Residential Garage Over 20 feet Wide from Interior Lot 6 7 Line Feet Rear Yard Setback 50 50 50 30 30 30 30 30 30 25 25 25 25 " Feet Rear Yard Setback for any Residential Structure 40 40 40 35 35 35 " from Property Line Adjacent to Street Feet RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 NB SC GB I P Notes: 1. Unless existing structures would indicate a lesser setback to maintain uniformity. 2. An additional 5 -foot setback shall be added when plans for the principal structure accommodate an accessory deck. 3. See City Code 12-5-3 for setbacks adjacent to residential areas. 4. 25 -feet if back-to-back lot. S. See City Code 12-5-3 when less than the minimum right-of-way exists. CHAPTER 4 GENERAL ZONING PROVISIONS SECTION: 12-4-1: Water Supply 12-4-2: Lot Provisions 12-4-3: Encroachments 12-4-4: Farming Operations 12-4-5: Vacated Streets 12-4-6: Certain Dwelling Units 12-4-1: WATER SUPPLY: Public water is required in all new developments located in areas where public water is available. (Amended Ord. 8, 10-21-1970) 12-4-2: LOT PROVISIONS: A. Number Of Buildings Per Lot: Except in Planned Unit Developments there shall be no more than one (1) principal building on one (1) lot in all residential districts unless a resident chooses to live in an existing home while a new home is being constructed. Within thirty (30) days of the issuance of the Certificate of Occupancy for the newly constructed home, the older home shall be removed or demolished. The new principal building must be completed within twelve months of the issuance of the building permit. B. Access Drive: An access drive, as defined by Section 12-2-2 of this code, shall be provided to every principal building that is three hundred feet (300') or more from a thoroughfare or street. (amd. Ord. 314, 10-4-2005) 12-4-3: ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: 1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open canopies, steps, flagpoles, chimneys, ornamental features, open fire escapes, sidewalks and window wells. 2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features. These features shall not exceed the height of the ground floor level of the principal structure, nor shall they extend to a distance less than three feet (3') from any lot line or less than one foot (1') from any existing or proposed access drive. 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source of light illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons. (Amended Ord. 325A, 4-18-2006) 4. All structural projections described above shall not encroach more than thirty-six inches (36") into the required setback area as measured at ground level. B. In Rear Yards (Not Along Street): Detached outdoor picnic shelters, outdoor living rooms or patio decks may extend to within ten feet (10') of a rear lot line. No such structures shall exceed five hundred (500) square feet. C. In Rear Yards: 1. Clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. (Amended Ord. 8, 10-21-1970) 2. Decks shall be allowed to encroach into the rear yard setback provided that no portion of the deck extends more than eight (8) feet into the otherwise required rear yard setback. (Amd. 4/18/06, Ord. 325A) D. Quasi -Public Structures: No quasi -public structure shall be located within the public right of way except by permit issued by the governing body. Such structures shall include, but not be limited to: utility structures and enclosures, bicycle racks, benches, planting boxes, light standards, signs, and other such structures. (Amended Ord. 8, 10-21-1970) (Amended Ord. 314,10-4-2005) 12-4-4: FARMING OPERATIONS: A. Permitted Use: All farms in existence upon the effective date of this title and all farms that are brought into the city by annexation shall be a permitted use. B. Building Regulations: All dwelling units and structures for processing of farm goods shall require a building permit and conform to all requirements of the building code'. C. Conditional Use Requirements: The governing body may require any farm operation to secure a Conditional Use Permit to continue said operations in the event of the following: 1. The farm is adjacent to or within four hundred feet (400') of any dwelling unit and may be detrimental to living conditions by emitting noise, odor, vibrations, hazards to safety and the like. 2. The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation. (Amended Ord. 8, 10-21- 1970) 12-4-5: VACATED STREETS: Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the said vacated area shall not be affected by such proceeding. (Amended Ord. 8, 10-21-1970) 12-4-6: CERTAIN DWELLING UNITS: A. Certain Structures As Dwelling Units Prohibited: No cellar, garage, tent, travel trailer, basement with unfinished structure above, or accessory building shall at any time be used as a dwelling unit. B. Manufactured Homes Required To Be In Parks: Manufactured homes shall be located in a manufactured home park approved by the city and the state, except as otherwise permitted by ordinance3. (Amended Ord. 8, 10-21-1970) C. Temporary Family Health Care Dwellings: Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Andover opts -out of the requirements of Minn. Stat.462.3593, which defines and regulates Temporary Family Health Care Dwellings. (Amended Ord. 463, 6-21-16) See title 9, chapter 1 of this code. MSA §§ 462.358, subd. 7 and 412.851. 3 See title 9, chapter 6 of this code. CHAPTER 5 SETBACK REQUIREMENTS SECTION: 12-5-1: Front Setbacks For Existing Buildings 12-5-2: Setbacks Adjacent To Residential Areas 12-5-3: Building Setbacks and Future Street Improvements 12-5-4: Animal Shelters 12-5-1: FRONT SETBACKS FOR EXISTING BUILDINGS: In an R-2, R- 3, or R-4 district where adjoining principal buildings existing at the time of adoption of this title have a lesser setback than that required, the required front yard of a new structure shall not be less than the average front yard of the buildings on each side of the lot for four hundred feet (400') and in no case shall be less than twenty feet (20'). (Amended Ord. 8, 10-21-1970) 12-5-2: SETBACKS ADJACENT TO RESIDENTIAL AREAS: A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty-five feet (35'). B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy-five feet (75'). (Amended Ord. 8, 10-21-1970) C. The required setback of structures used for religious institutions, schools, multiple and similar uses shall be at least equal to the height of the structure or as required by City Code 12-3-5, whichever is greater. (Amended Ord. 314 10-4-05; Amended Ord. 480, 3-20-18) D. Crematorium: A structure containing a crematorium shall be set back a minimum of 300 feet from any residential property line and shall also be required to meet the minimum setback requirements of City Code12-3-5 (Amended Ord. 314 10-4-05). 12-5-3: BUILDING SETBACKS AND FUTURE STREET IMPROVEMENTS: A. Where the right-of-way width for a county road is less than one hundred twenty feet (120'), a one hundred ten foot (110') minimum setback from the centerline of the county road shall be required except in the R-4 Zoning District where the minimum setback from the centerline of the county road shall be one hundred feet (100'). (Amended Ord. 8, 10-21- 1970; amd. Ord. 314,10-4-05) B. Where less than the minimum roadway right-of-way required by City Code 11-3-3 exists, setbacks for all structures shall be measured assuming right-of-way required by City Code 11-3-3. (Amended Ord. 314, 10-4-05). C. All buildings constructed on properties that abut a street stub or temporary cul-de-sac shall be required to be set back to accommodate the extension of a future street through the property. The required setback shall conform to City Code 12-3-5 and be measured from the edge of future right-of-way needed to satisfy the requirements of City Code 11-3-3. In the event there are wetlands, floodplains or other obstacles to direct street extension through the property, a feasible route for the roadway extension shall be established prior to determining the setback required by this section (Amended Ord. 314,10-4-05). 12-5-4: ANIMAL SHELTERS: A. Animals: Any building in which farm animals, pleasure/recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8,10-21-1970; amd. 2003 Code; amd. Ord 314 10-4-2005; Amd. 4/18/06, Ord. 325A) CHAPTER 6 ACCESSORY STRUCTURES, USES AND TEMPORARY STRUCTURES SECTION: 12-6-1: Definition 12-6-2: Construction Prior To Principal Structure 12-6-3: Accessory Structure Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-1: DEFINITIONS: A. Accessory Structure: For the purpose of this chapter, "accessory structure" shall mean garages, sheds, utility buildings and structures, and similar uses accessory to principal structures and uses. B. Building Height: For the purposes of this section, building height shall mean the vertical distance from the average of grade (the average finished ground level adjoining the exterior of the building) to the average height of the highest roof surface. 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL STRUCTURE: An Interim Use Permit shall be required for any accessory structure to be permitted on any lot prior to the principal structure except for the following: A. Subdivision: If an existing and legally conforming accessory structure would be separated from its principal structure as part of a proposed subdivision, the City Council may authorize the City Administrator or their designee to enter into an agreement with the property owner to allow the accessory structure to exist on its lot prior to a principal structure for a period of up to one (1) year. 12-6-3: ACCESSORY STRUCTURE HEIGHT: The maximum building height of accessory structures shall be limited as follows: A. Residential Districts: Except as provided by Section 12-3-5 of this Title, no residential accessory structure shall exceed the building height of the principal structure, and in the R-4 zoning district the maximum accessory structure building height shall not exceed fifteen (15) feet. B. Business or Industrial Districts: Maximum accessory structure height in a commercial or industrial district shall be equal to the building height of the principal structure, except by conditional use permit or except subject to Section 12-3-5. 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Residential Districts: Accessory Structure Area: If an accessory structure or portion thereof serves to satisfy the minimum garage size requirements of Section 12-3-5, then that area, whether attached or detached, will not be deducted from the maximum allowable area of accessory structures. The maximum allowable area of residential accessory structures must not exceed the area specified below: a. Lots In The R-4 District and Lots Less Than 1 Acre — In the R-4 District and in all other residential districts, on lots of less than one (1) acre the maximum allowable area of accessory structures shall not exceed fifty percent (50%) of the principal structure foundation area (excluding attached garage); and the total combined area of attached garage and accessory structures shall not exceed one thousand two hundred (1,200) square feet, whichever is less. b. Lots 1 Acre To Less Than 5 Acres -- In residential districts other than the R-4 district, on lots of at least one (1) acre but less than five (5) acres, the maximum allowable area of accessory structures shall not exceed the principal structure foundation area (excluding attached garage). c. Lots 5 Acres And Larger --In residential districts other than the R-4 district, on lots of five (5) acres and larger, the maximum allowable area of accessory structures shall be limited only by the setbacks and maximum impervious land coverage requirements of this code. B. All Districts: Accessory structures shall not occupy more than twenty five percent (25%) of any required rear yard C. Construction Requirements: 1. To preserve residential neighborhood aesthetics and property values, accessory structures located: • closer than the principal structure to a property line fronting on a public right of way; or • within the Metropolitan Urban Service Area [MUSA Boundary]; or, • on any lot of less than two and a half (2.5) acres, shall be located and designed to be architecturally compatible with the principal structure, use and neighborhood. Architectural compatibility shall be accomplished by integrating the exterior design elements and finishes of the principal structure, use and neighborhood into the residential accessory structure. Architectural features may include: • roof pitch (minimum 4:12 required), soffits, gables, dormers, • fenestration (placement of windows/doors); • exterior finish colors and textures consistent with or complementary to the principal structure; • decorative exterior finishes, siding, wainscot and veneers (brick, stone, stucco, EFTS, etc.), • decorative lighting, and • landscaping. 2. Except as allowed by Section 12-6-5 C for Farm Animals/Livestock, exterior roof and wall finishes of galvanized or unfinished metal panels are not allowed on residential accessory structures. 3. Where a determination of architectural compatibility cannot be made by the Building Official or Zoning Administrator, the determination must be made in accordance with Title 9, Section 9-1-4. 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Setbacks: 1. Front Yard Setbacks: a. In all districts accessory structures shall not be located nearer the front lot line than the principal structure; except on residential lots with a lot area of one (1) acre or more, the minimum front yard setback is sixty feet (60'). b. In all districts, front yard setbacks for accessory structures are the same as for principal structures (See Section 12-3-5); except as specified below: i. Accessory structures located on a corner lot adjacent to a lot that fronts on a cul-de-sac, shall be setback at least as far as the principal structure on the adjacent cul-de-sac lot. ii. Where less than the minimum right-of-way required by City Code Section 11-3-3 exists, accessory structure setbacks shall be measured assuming the right-of-way width required by City Code 11-3-3. iii. Accessory structures located in a yard adjacent to a county road shall have a minimum setback of fifty (50) feet from the property line; except in the R-4 district, where the minimum setback shall be forty (40) feet. iv. For lots abutting county roads or arterial streets, where less than 120 feet of right-of-way exists, the setback for accessory structures shall be measured assuming a sixty -foot (60') right-of-way on each side of the existing right-of-way centerline. 2. Side Yard and Rear Yard Setbacks a. Residential Districts: In all residential districts, accessory structures shall be setback at least five (5) feet from side and rear lot lines. Business and Industrial Districts: In business and industrial districts, accessory structures shall be setback at least ten feet (10') from side and rear lot lines, subject to provisions for the abutting residential zone provided herein. B. Drainage and Utility Easements: Accessory structures and structures shall not be constructed or placed in a drainage or utility easement. C. Farm Animals/Livestock: No enclosed accessory structure (barn or shed) in which farm animals, pleasure/recreational animals or poultry are kept may be located within one hundred (100) feet of a residential dwelling. No stationary or moveable open animal shelter may be located within fifty (50) feet of an adjacent residential lot unless the owner of the adjacent lot is the same party. The City Council may order the owner of any farm animals to apply for and obtain a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. 12-6-6: TEMPORARY STRUCTURES: Temporary structures shall be allowed by either administrative approval or by Interim Use Permit as otherwise provided by this title. A. Administrative Approval: Temporary structures allowed by administrative review and approval by the city administrator include construction trailers, shipping and storage containers and tents. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. Construction Trailers -- Construction trailers shall be allowed administratively through the commercial site plan review process and building permits. No trailers shall be allowed to be used as temporary sales offices. Tents -- Tents for private parties and promotional sales events shall be allowed up to ten (10) calendar days per year. A tent permit must be applied for by the property owner or their agent. The Fire Department will review and approve or deny the application based on conformance with the Minnesota State Fire Code. 3. Shipping and Storage Containers -- In all zoning districts, moveable shipping and storage containers shall only be allowed subject to the following limitations: Containers, with or without contents, must not be on a lot for more than thirty (30) continuous days. ii. In no case may a moveable container be used as a permanent or temporary structure or accessory structure. iii. Containers must be placed at least fifteen (15) feet back of curb or pavement edge, only within the allowed driveway and shall not interfere with traffic sight lines. 4. Permits And Fees --- No permit fees are required for construction trailers. Permit fees for tents shall be set as stated in Subsection 1-7- 3A of this code. B. Interim Use Permit: Temporary structures allowed by Interim Use Permit shall be reviewed subject to the following regulations: There shall be a time limit established for temporary structures to remain on a site as a part of the Interim Use Permit review during the construction process. 2. Prior to issuance of a temporary structure permit, a site plan review must also be approved. 3. Security measures such as lighting and including connections to the main structure shall be reviewed as a part of the Interim Use Permit. 4. Parking shall be subject to the provisions of this title. 5. Signage shall be subject to the provisions of this title. 6. The Interim Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long-term plan for its removal. 7. Temporary structures shall follow the required structure setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Interim Use Permit. 8. All applicable requirements of and the Minnesota State Building Code and Minnesota State Fire Code shall be met. 9. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. 10. Upon sale or transfer of ownership of the property, the Interim Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Chapter repealed Ordinance 483, 7/17/18) CHAPTER 7 FENCES AND WALLS SECTION: 12-7-1: Permitted Use 12-7-2: Locations 12-7-3: Fence Height 12-7-4: Performance Standards 12-7-5: Barbed Wire and Electric Fences 12-7-6: Exemptions From Provisions 12-7-1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1-7-3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12-7-2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right-of-way. 2. Fences shall not be placed in underground utility easements. Fences may be placed in other utility easements if they do not interfere with existing utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. (Amended 4/19/11, Ord. 405) 3. Fences shall not be constructed or placed in drainage areas, ponds, or wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. (Amended 4/19/11, Ord. 405) 4. For fence placements on 2.5 acres and larger lots, the City may permit non-restrictive fencing in drainage, wetland or ponding areas as long as they do not restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. (Amended 4/19/11, Ord. 405) 5. Fences in any area shall not enclose, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord. 405; Amended 7/21/20, Ord. 510) 6. Fences on corner lots shall not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended 7/21/20, Ord. 510) B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right-of-way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12-7-3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. Except as follows: 1. In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family Estate zoning districts, 'ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Sight Triangle as defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09; Amended Ord. 468, 6-6-17; Amended 7/21/20, Ord. 510) 2. On properties located in the I: Industrial zoning district and located outside of the Metropolitan Urban Service Area (MUSA) boundary, the City may approve a fence in the front yard of up to six (6) feet in height through the Commercial Site Plan (CSP) process, provided that: A. The fence is to provide screening for an approved use of the property. B. Landscaping as approved through the Commercial Site Plan shall be utilized to break up the mass of the fence line. (Amended 7/21/20, Ord. 510) 12-7-4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting or metal sheeting shall be used for any fence construction. No fence may have boards, planks, or panels larger than twelve (12) inches in width. Chain-link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Silt fences shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November 1St and April 15th. B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25%) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord. 317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12-7-5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts, or in any district when used exclusively for enclosing utility and substation sites. (Amended 7/21/20, Ord. 510) B. Barbed wire and electrical fences may be permitted on residential lots of two and one half (2.5) acres or greater and shall be exclusively for the use of containing farm animals, or pleasure/recreational animals, as defined in City Code. (Amended 7/21/20, Ord. 510) 12-7-6: EXEMPTIONS FROM PROVISIONS: Fences that are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord. 314,10-4-2005) SECTION: 12-8-1: 12-8-2: 12-8-3: 12-8-4: 12-8-5: 12-8-6: 12-8-7: 12-8-8: 12-8-9: 12-8-10: 12-8-11: CHAPTER 8 SIGNS Purpose Scope Permit Required Exemptions Signs Prohibited in All Districts Real Estate Signs Performance Standards Permitted Signs and Standards by Zoning District Signs Allowed by Conditional Use Permit Temporary and Promotional Signs Inspections 12-8-1: PURPOSE: The purpose of this section is to allow effective signage appropriate to the planned character of each zoning district and to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, and maintenance of all signs and sign structures not located within a building. 12-8-2: SCOPE: The sign regulations set forth in this chapter shall apply to all structures and all land uses, except as otherwise provided in this chapter. All signs allowed by this chapter shall be limited to on -premises signs, except where otherwise specifically noted. 12-8-3: PERMIT REQUIRED: A permit is required for the installation of any sign in the City except for those exempted in section 12--1-6-8-4. A permit application shall be submitted and a fee established by the City Council shall be paid before a permit is issued. There shall be no fee for governmental units or nonprofit organizations. 12-8-4: EXEMPTIONS: The following signs shall be allowed without a sign permit, provided the sign conforms to City Code 12-l-&8-5 and the requirements for each type of sign shown below (Amended 4/19/11, Ord. 406): A. Election Signs: Election signs are permitted on any private property. Such signs may be displayed from 90 days prior until ten (10) days after any election. (Amended 4/19/11, Ord. 406) B. Governmental Signs: Any sign that is erected by a governmental unit or public utility for the purpose of public information, warning or directing traffic. (Amended 4/19/11, Ord. 406) C. Private Traffic Circulation Signs: Private traffic circulation signs in parking lots, and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations are permitted, provided the sign conforms to the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD), as amended. (Amended 4/19/11, Ord. 406) D. Normal sign alteration and maintenance shall not require a sign permit, including: 1. The changing of the copy or message on a reader board sign, or changing a message on theater marquees. 2. Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 12-8-5: SIGNS PROHIBITED IN ALL DISTRICTS: The following signs shall not be erected within the city: A. Any sign that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign or signal or which constitutes a traffic hazard. A. There shall be no flashing or revolving sign in the front setback area within one hundred twenty-five feet (125') of a street intersection (as measured from intersecting right of way lines) or within one hundred twenty-five feet (125') of a residential district, except where such sign in no way constitutes a traffic hazard. C. Signs painted directly on a stone, the outside wall of a building or fence and any sign affixed to a tree, or utility pole. (Amended 4/19/11, Ord. 406) D. Roof signs, roof advertising symbols, roof logos, roof statues, or roof sculptures. No sign shall extend above the roofline. E. Signs within the public right of way or easements, except as authorized by the governing body. F. Audible signs. G. Billboard signs. H. Signs displayed on parked semi -trailers used primarily for advertising purposes. I. Any sign which contains information, whether written or graphic, that is obscene in nature. J. All signs not expressly permitted or exempted under this chapter. 12-8-6: REAL ESTATE SIGNS: Signs advertising the availability of property for sale, lease, or rent shall be allowed in all districts, subject to the following provisions: A. All real estate signs shall be subject to the provisions of this chapter, except herein provided. B. All signs shall be removed within seven (7) days after the completion of the advertised sale or lease. C. Signs advertising new residential or commercial developments are permitted, provided that: 1. Such signs do not exceed thirty-two (32) square feet in size. 2. There shall be no more than one such sign per street frontage of the development. D. Signs offering individual properties, either land and/or buildings, for sale, lease or rent shall be limited to six square feet in size. One such sign shall be permitted per lot. A sign permit is not required for the placement of these signs. 12-8-7: PERFORMANCE STANDARDS: A. Construction Requirements: All signs shall be in compliance with applicable provisions of the Andover Building Code. Every person engaged in the business of erecting signs in the city is required to have a valid contractor's license issued by the Building Department. B. Maintenance And Repair: All signs shall be maintained so as not to be unsightly or create hazards to the public health, safety, or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The City may order the removal of any sign that is not properly maintained. C. Obsolete Signs: Any sign that no longer advertises or identifies a bona fide business conducted or product sold on the premises shall be removed by the property owner within thirty (30) days after written notification from the Zoning Administrator. Support posts and frames that no longer contain signage must be removed by the property owner within six (6) months after written notification from the Zoning Administrator. D. Size and Placement Standards: 1. Illuminated signs located within fifty feet (50') of a residential district lot line shall be diffused or indirect so as not to reflect direct light into adjacent residences. 2. In all districts, any portion of any sign exceeding four (4) square feet shall be set back a minimum of ten feet (10') from any street right of way line and five feet (5') from any residentially zoned property line. 3. Projection: Signs may project a maximum 2 feet into a required building setback area. 4. Automobile service stations may erect one pylon or pedestal sign not to exceed twenty-five feet (25') in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five feet (5') of the rear lot line or any street right of way. 5. Multi -faced signs shall be permitted, with the maximum square footage on each side. Multi -faced signs shall not exceed two (2) times the area of single faced signs. 6. All corner and double frontage lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs. E. Area Identification Signs: Area identification signs, including off site signs, shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. The sign shall not be separated from the area or project it identifies by an arterial roadway. 2. The sign shall be within 500 feet of the project it is identifying. 3. The sign shall not be included in the total signage permitted for the property on which it is located. 4. The owner of the property where the sign is to be placed shall give written permission for the sign to be placed on their property. 5. All area identification signs shall be identified on the plat or commercial site plan. F. Ball Field and Scoreboard Advertising Signs: Ball field advertising and scoreboard advertising signs shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. Ball field advertising signs shall not be visible from adjacent residential properties when viewed at ground level. 2. Ball field advertising signs in City parks shall be subject to the City of Andover Park Advertising Policy. 3. Scoreboard advertising signs shall be placed in such a way so as to minimize to the greatest possible extent the exposure to adjacent residential properties. 4. Ball field and scoreboard advertising signs shall not be illuminated when not in use for ball games. 12-8-8: PERMITTED SIGNS AND STANDARDS BY ZONING DISTRICTS: Signs shall be permitted by zoning district in accordance with the following standards: A. Residential Districts: 1. Type: Area identification, ball field advertising, institutional, residential identification, scoreboard advertising, temporary, any sign exempted in section 12-8-4. a. Portable, trailer based temporary signs shall be permitted for governmental or institutional uses only. 2. Style: Combination, freestanding, wall. 3. Number: One per lot frontage. 4. Height: Not over ten feet (10') above grade except as otherwise provided herein. 5. Illumination: Indirect or diffused lighting of signs is permitted. 6. Size: a. Residential identification and temporary, as follows: Parcels Land Size Maximum Square Feet Per Dwelling On parcels less than 5 4 acres On parcels of 5 acres 16* but less than 20 On parcels of 20 20* acres or greater *Signs greater than four (4) square feet on parcels of land five (5) acres or more in size shall only identify agricultural related uses. b. Institutional Signs: Institutional signs up to thirty-two (32) square feet shall be permitted. Sixty-four (64) square feet of signage is permitted for multiple frontage lots. c. Area Identification Signs: One freestanding sign shall be allowed at each street entrance to a subdivision provided: (1) The area for development is larger than five (5) acres; (2) All signs shall be identified on the preliminary plat. (3) The maximum square footage of the sign is thirty- two (32) square feet. (4) The sign is located ten feet (10') from any property line. B. Shopping Center (SC) and Neighborhood Business (NB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12-8-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: No taller than the highest outside wall or parapet or twenty-five feet (25'), whichever is less. C. General Business (GB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12-8-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet, except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: No sign shall be more than twenty-five feet (25') above grade. D. Industrial (1) Districts: 1. Type: Area identification, ball field advertising, business identification, scoreboard advertising, temporary, any sign exempted in section 12-14-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. 4. Height: No sign shall be more than twenty-five feet (25') above grade. 12-8-9: SIGNS ALLOWED BY CONDITIONAL USE PERMIT: A. Permitted Signs: The following signs shall be allowed by conditional use permit: 1. Marquees of any type, with or without signs. 2. Signs on benches (not in city parks), newsstands, cabstand signs, bus stop shelters and similar places. 3. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas. 4. Institutional signs in residential districts with an aggregate square footage exceeding thirty-two (32) square feet and/or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, or wall. d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 12-8-10: TEMPORARY AND PROMOTIONAL SIGNS: The following signs are permitted, subject to the provisions of this chapter: A. Temporary Signs: Temporary signs shall be permitted in any district in any yard area except, that: 1. Such sign shall not be within ten feet (10') of any street right -of- way or within five feet (5') of any other lot line. 2. There shall be no more than one (1) such sign per business. 3. The total area of such signs shall not exceed thirty-two (32) square feet. Non -institutional signs in residential districts shall be limited in size as outlined in section 12-8-8-A-6 of this code. 4. A maximum of 60 days of temporary signage is permitted per business per year. (Amended 4/21/11, Ord. 406) B. Promotional Signs: The City Administrator or designee may approve signs or other devices that do not comply with the standards of this title when they are found to be in conformance with public health, safety, and welfare. Such signs or devices may be used to attract attention, special promotional events (grand openings, carnivals, craft shows, flea markets and other similar events). Such events shall not exceed ten (10) calendar days per year. Examples of the signage and devices that may be approved in this manner are spotlights, sky trackers, balloons, and similar devices. Such signage shall not be counted against the permitted 60 days of temporary signage. (Amended Ord. 8, 10-21- 1970; amd. 2003 Code) C. Temporary Real Estate Signs- The City Administrator or designee may approve temporary, off-site real estate signs. 12-8-11: INSPECTIONS: Upon proper presentation of credentials, the Building Official or his duly authorized representatives may enter at reasonable times any building, land or structure in the city to inspect or re -inspect any signs. (Amended Ord. 8,10-21-1970) CHAPTER 9 HOME OCCUPATIONS SECTION: 12-9-1: Purpose 12-9-2: Application 12-9-3: General Performance Standards 12-9-4: Permitted Home Occupations, Location Restrictions 12-9-5: Home Occupations in Accessory Structures 12-9-6: Prohibited Home Occupations 12-9-7: Requirements for Specific Home Occupations 12-9-8: Nonconforming Home Occupations 12-9-9: Inspections 12-9-10: Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means, through establishment of specific standards and procedures, by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. 12-9-2: APPLICATION: Subject to the nonconforming structure and use provisions of this chapter, all home occupations conducted on a property within a residential zoning district shall comply with the provisions of this chapter and all other applicable requirements established by the Andover City Code. 12-9-3: GENERAL PERFORMANCE STANDARDS: General performance standards for all home occupations shall be as follows: A. The home occupation must be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in incompatibility or disturbance to the surrounding residential uses. B. No home occupation shall require external alterations or involve construction of features not customarily found in dwellings except where required to comply with state fire and building codes. C. No in-person retail sales shall be permitted on the premises, except those clearly incidental to the services being provided in the dwelling. D. Only members of the family occupying the dwelling unit and one employee may conduct the home occupation. E. All signs associated with the home occupation must meet the requirements of this Title. F. No outside storage or display is permitted unless otherwise allowed by this Chapter. G. All vehicles associated with a home occupation must meet all requirements established by the Andover City Code. H. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent properties. I. The home occupation shall meet all applicable state fire and building codes and all other requirements established by the Andover City Code. J. The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all state building code requirements. K. There shall be no increase in sewer, water, gas, electricity, or garbage usage in excess of what is normal in a residential neighborhood such that the neighborhood nor the City are adversely affected. L. All licenses or permits required to conduct the home occupation shall be obtained. M. All home occupations shall be conducted at the sole risk of the dwelling occupants and with the written permission of the property owner. The City shall not be responsible or liable to the dwelling owner, occupants or any third party as a result of the home occupation, and the occupants conducting the home occupation shall indemnify and hold the City harmless from all claims and causes of action associated with the home occupation. 12-9-4: PERMITTED HOME OCCUPATIONS, LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure as a permitted accessory use. Home occupations shall not be conducted in an attached garage or accessory structure unless the property owner has obtained an Interim Use Permit as stated in Section 12-9-5 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-8 of this chapter. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: 1. Artists, authors, composers, photographers, sculptors. 2. Home crafts such as model making, rug weaving, woodworking, and similar activities, provided that no machinery or equipment is used or employed other than that which would customarily be found in the home, including machinery or equipment that would ordinarily be employed in connection with a hobby or a vocation not conducted for gain or profit. 3. Dressmakers, seamstresses and tailors. 4. Work at home activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facility. The work activities of the employee shall conform with all other requirements of this chapter. 5. Repair services (not including repair of vehicles or machinery). 6. Teaching services limited to three (3) students at any one time. 7. Home offices for accountants, architects, engineers, lawyers, realtors, insurance agents, brokers, clergy, consultants, contractors, land surveyors, musicians, salesman, sales representatives, manufacturer's representatives, travel agents, home builders and home repair contractors. 8. Mail order that does not include retail sales from the site. 9. Telephone answering. 10. Food preparation for sale, when registered with the department of agriculture under the cottage food exemption in M.S.A. § 28A.152 11. Gunsmithing provided the property owner holds a federal firearms license and that in-person retail sales of firearms are not conducted from the premises. 12. Other home occupations that fully comply with all other requirements of this Chapter. 12-9-5: HOME OCCUPATIONS IN ACCESSORY STRUCTURES: An Interim Use Permit shall be required for permitted home occupations that are conducted in an accessory structure or attached garage and/or require exterior storage. A. Application Requirements: Prior to the issuance of an Interim use Permit for a home occupation, an application must be submitted on forms prescribed by the City with contains the following information: The owner of the property and the person who will be conducting the home occupation. 2. The street address of the dwelling. 3. The type of home occupation. 4. The type of equipment that will be used. 5. The days and hours which the home occupation will be conducted. 6. A description of any motor vehicles which will be used in connection with the home occupation as well as the anticipated number of weekly deliveries to the property. 7. A plan or drawing of the dwelling which shows clearly and in reasonable detail the portion of the dwelling, which is to be used for the home occupation, the number of square feet of living area contained within the dwelling, and the number of square feet to be used for the home occupation. B. Review Criteria: Interim Use Permits granted under this section shall be subject to the following conditions: Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area of Use: The combined square footage of the accessory structure and/or outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: If the home occupation is conducted in an accessory structure, the setbacks of the accessory building and outside storage area shall be a magnitude found necessary by the City, but in no case shall there be less than a one -hundred -foot (100') front yard setback, thirty-foot (30') side yard setback and fifty -foot (50') rear yard setback. If the home occupation is conducted within an attached garage, in no case shall there be less than the minimum building setbacks for the property's respective zoning district. 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials, and equipment for the home occupation being stored on site shall be fenced, landscaped and/or screened in such a manner as to prevent them from being visible at any time of the year from the public right-of-way or adjacent properties. For the purposes of this section, a commercial vehicle shall be considered any vehicle which 1) exceeds 12,000 pounds gross vehicle weight; 2) the height of the vehicle exceeds nine (9) feet; or 3) the carrying load area exceeds the height of the operating area. 5. Permitted Use: The home occupation for which an Interim Use Permit is granted must be a permitted home occupation as specified by Section 12-9-4 of this Chapter. Non -transferability of Permit: These permits shall not run with the land and shall not be transferrable. Upon sale or change in title for the premises for which an Interim Use Permit was granted such permit shall automatically terminate. Inspections: The City reserves the right, upon approval of any home occupation Interim Use Permit, to inspect the premises in which an occupation is being conducted to ensure compliance with the conditions listed in the Interim Use Permit or any other requirements set forth by the Andover City Code or Minnesota State Statute. C. Amendments: The applicant may seek an amendment to the Interim Use Permit in order to change the conditions set forth in the home occupation Interim Use Permit. D. Revocation: An Interim Use Permit for a home occupation may be revoked if the property owner is found to be in violation of the conditions listed in the Interim Use Permit or is in violation of any other requirements set forth by the Andover City Code or Minnesota State Statute. 12-9-6: PROHIBITED HOME OCCUPATIONS: The following uses and similar type uses shall not be permitted as a home occupation in any residential district: A. Antique shops, boutiques, dress shops and gift shops. B. Restaurants, coffee shops, and tearooms. C. Offices for physicians, dentists, veterinarians, and chiropractors. D. Auto repair, detailing and painting, including the repair or cleaning of engines, motor vehicles, motorcycles, heavy equipment and similar type vehicles and equipment. E. Dancing schools and studios. F. Dispatching of transfer and moving vans at the site. G. Palm reading or fortune telling. H. Preparation of food for sale, unless specifically permitted in this Chapter. Radio, television, and appliance repair shops. J. Shops and storage yards for contractors and tradesman, such as electricians, plumbers and carpenters. K. Tattoo businesses. L. Tanning salons. M. Trash hauler operations other than a home office. N. Any home occupation which does not substantially comply with the standards set forth in this Chapter. 12-9-7: REQUIREMENTS FOR SPECIFIC HOME OCCUPATIONS: A. In Home Beauty Salons and Barbershops: All in home beauty salons and barbershops shall require an Interim Use Permit and are subject to the following: Compliance with Requirements: In home beauty salons and barbershops must meet all applicable requirements established by the Andover City Code, Minnesota State Statute, the State Cosmetology Board and the State Barbers Board including obtaining all licenses and permits that may be required. 2. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of request for the Interim Use Permit. 3. Number of Stylists/Barbers: The In -Home Beauty Salon or Barbershop shall be limited to one stylist/barber. The In -Home Beauty Salon or Barbershop may have no more than three individual customers or one customer group (i.e. a family or a bridal party) on the premises at any given time. 4. Hours of Operation: The hours of operation shall be approved by the City Council. 5. Parking: All parking related to the home occupation shall be conducted entirely on the property and shall not utilize the public right-of-way. Parking related to the home occupation shall not exceed three vehicles at any given time. Off-street parking shall be as required by City Code 12-14-8. Non-Sewered Areas: In non-sewered areas, the septic system shall be in compliance with all applicable requirements established by the Andover City Code and Minnesota State Rules. Termination of Use Upon Sale of Property: Upon sale of the premises for which an Interim Use Permit was granted such permit shall automatically terminate. B. Farm Wineries: All farm wineries operating as a home occupation shall require an Interim use Permit and are subject to the following: Farm wineries shall be located on a property 2.5 acres or larger in size, and shall be located in a RR, R-1, R-2 or R-3 zoning district. 2. Farm wineries shall follow the minimum building setbacks of its respective zoning district. 3. Whether conducted in a principal or accessory structure, a farm winery shall not be operated as a retail store. No retail displays are permitted. 4. Farm wineries shall be allowed up to six on-site customers per day. All other sales will need to be made remotely and mailed or shipped to the buyer. Farm wineries shall be subject to production limits on the amount of wine produced on-site each year as specified by the City Council. Farm wineries shall also submit an annual report to the City Clerk to confirm that the production limit is being observed. Said report shall be received by the City by the 1st day of January each year. 6. Farm wineries shall meet all other requirements established by this Chapter. 7. Termination of Use Upon Sale of Property: Upon sale of the premises for which an Interim Use Permit was granted such permit shall automatically terminate. 12-9-8: NONCONFORMING HOME OCCUPATIONS: Properties that had nonconforming home occupations prior to the adoption of Ordinance 314 on May 15, 1990 were given the opportunity to apply for a Special Home Occupation Permit. Those that were granted a permit are on file with the Department of Community Development and may continue to operate. However, they shall not increase in extent, number, volume, or scope from any of the information stated in the permit, or the permit may be subject to revocation. 12-9-9: INSPECTIONS: The City reserves the right, upon reasonable request and approval of any home occupation, to inspect the premises in which a home occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. 12-9-10: ILLEGAL HOME OCCUPATIONS; PENALTY: All home occupations that are being operated in violation of this chapter are illegal. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. CHAPTER 10 NONCONFORMING USES AND STRUCTURES SECTION: 12-10-1: Discontinuance of Use 12-10-2: Change of Use 12-10-3: Maintenance and Repairs 12-10-4: Non -Conforming Lots of Record 12-10-1: DISCONTINUANCE OF USE: Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of more than one year, any future use of said building or structure or land shall be in conformity with the provisions of this title. (Amended Ord. 8,10-21-1970) 12-10-2: CHANGE OF USE: B. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. C. A nonconforming use shall not be expanded so as to incorporate more employees, generate increased amounts of product, or otherwise increase in scale or scope from its inception. (Amended Ord. 314 10-4- 2005) 12-10-3: MAINTENANCE AND REPAIRS: A. Nothing in this title shall prevent the placing of a structure in a safe condition when said structure is declared unsafe by the Building Official. B. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property. (Amd. Ord. 378, 3-17- 2009) 12-10-4: NON -CONFORMING LOTS OF RECORD: B. An un -platted lot or parcel of land for which a deed or contract for deed has been recorded in the office of the County Recorder upon, or prior to, October 21, 1970 shall be deemed a buildable lot, provided: 1. It has frontage on a public street right-of-way which has been accepted and is currently maintained by the City; 2. The area, width and depth are within sixty percent (60%) of the requirements of this title. 3. Non -conforming lots may be utilized for single-family detached purposes, but said lot or parcel shall not be more intensely developed. B. If any plat, for which preliminary approval has been granted by the City Council on or before October 21, 1970, was finally approved and filed on or before October 21, 1971, lots contained therein shall be deemed buildable lots, and the provisions of this section shall not apply. (Amd Ord. 314 10-4-2005) CHAPTER 11 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES P — Permitted Use R-1 Single Family Rural M-1 Multiple Dwelling Medium Density PA — Permitted Accessory Use R-2 Single Family Estate M-2 Multiple Dwelling High Low Density C — Conditional Use' R-3 Single Family Suburban' M-3 Multiple Dwelling High Density I — Interim Use R-4 Single Family Urbana PUD — Planned Unit Development R-5 Single Family Medium Low Density X — Prohibited Use RR Single Family Rural Reserve If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Uses Zo Ing Districts ANIMALS RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 Animal Therapy Facility -on properties larger than five acres in size C C C C X X X X X Commercial animal training (2.5 -acre minimum residential lot size C C C C X X X X X Commercial riding stables C C X X X X X X X Dog kennel license - Private (2.5 -acre minimum lot size required) in compliance with C C C C C C C C C City Code s-lA Dog kennel license - Commercial (minimum 2.5 -acre lot size) in compliance with City Code C C CFPA C X X X X 54A Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up P p P P X X X X X to a maximum of 20 animals° and definition under City Code 12-2 Farm animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 54 CC C C X X X X X and definition under Ci Code 12-2 Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates XFX FX X XFX X X X the adoption of this ordinance. Pleasure/recreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and PA PA PA PA PA X X X X definition under City Code 12-2 Poultry on residential properties with neither municipal sewer or water in compliance with City Code Title 5 and definition under City P p p p X X X X X Code 12-2 Roosters on residential properties 5 acres or greater in size with neither municipal sewer or water in compliance with City Code Title P P P P X X X X X 5 and definition under City Code 12-12 DWELLINGS RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 AccessoryDwellingUnit AD C C X X X XI X X X Manufactured homes and modular homes located in manufactured home arks. X X X X X X PUD PUD PUD Multiple dwellings X X X X X X I PUD PUD PUD Relocated dwelling units in compliance with City Code 9-11 C C C C C C C C C Single-family residential buildings detached P P P P P PUD PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD PUD Temporary Family Health Care Facility X X X X X X X X X Two-family home conversions (splits) in compliance with Ci Code 12-8-1 X X X X X X C C C HOME OCCUPATIONS RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 Home occupations within principal structure in PA PA PA PA PA PA PA PA PA compliance with Ci Code 12-9 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in I I I I I I I I I compliance with City Code 12-9 Barbershops and beauty salons I I I I I I I I I Bed and breakfast I I I I I X X X X Boarders or roomers, up to two persons, by a resident family, with no private cooking PA PA PA PA PA PA PA PA PA facilities Cabinet making/wood working (home occupation) in compliance with City Code 12-9 I I X X X X X X X Commercial greenhouse I I I I X X X X X Daycare Centers- Home Occupation (12 or fewer children P P P P p p P P P Daycare Centers -Home Occupation (13 or more children P P P p P P P P P Daycare Facility -Group Family P P P P P P P P p Farm Wineries subject to City Code 12-9-12 I I I I X X X X X Group Homes as regulated by State Statute P P P P P P p P P Office in compliance with City Code 12-9 PA PA PA PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massage services) as regulated by chapter 9 of this title and title 3, I I I I I I I I I chapter 6 SCHOOLS RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 K-12 Schools P P P P P p X X X Post -secondary Schools C C C C C C X X X Schools exceeding height maximum up to 45 feet in height C C C C C C X X X Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary I I I I I I I I I schoolproperty) Subordinate Classroom Structures (when located on a property where there is a religious I I I I I I I I I institution as the principal use UTILITIES RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 Private utilities (gas, electric, phone, cable, etc.) in Compliance with City Code 8-2 P P P P P P P P p Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc. C C C C C C C C C Public utility uses for local services P P p P P P P P p OTHER RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 M-3 Agricultural uses- rural (outside MUSA bound only) P P P P X X X X X Agricultural uses- urban P P p p p p p p p Antennas in excess of thirty-five feet (35') in height in compliance with Ci Code 9-12 C C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C C Bulk fuel storage (tanks greater than 1,000 - gallon storage capacity) in compliance with C C X X X X X X X City Code 12-8-5 Campgrounds, gun clubs and ranges, archery ranges, racetracks C C X X X X X X X Cemeteries C C C C C C C C C Daycare centers within legally conforming religious institutions and schools. PA PA PA PA PA PA PA PA PA Daycare centers within subordinate classroom structures. X X X X X X X X X Religious Institution C C C C C C X X X Clubs and lodges C C C C C C C C C Crafts and antique businesses in buildings designated as historical sites by a county, state, X X X X X X X X X or nationally recognized historical organization Garages and Accessory Structures in compliance with Ci Code 12-6 PA PA PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C C C C Highway construction materials (temporary processingand storage) I I I I I I I I I Marinas C C C C C C C C C Publicly owned and operated property except as herein amended P P P P P P P P P Resorts C C C C C X X X X Solar Energy Systems (ground mounted) subject to City Code 9-15 PA PA X X X X X X X Solar Energy Systems (roof mounted) subject to City Code 9-15 PA PA PA PA PA PA PA PA PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or X X X X X X X X X working in the vicinity. Wind Energy Conservation Systems (WECS) as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited C C C C C C C C C on WDE site. Activities involving the storage, utilization or manufacture of materials or products such as X X X X X X X X X TNT or dynamite. Notes: I. Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-7 of this title. 2. Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3. Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4. Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. CHAPTER 11 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES P — Permitted Use NB — Neighborhood Business PA— Permitted Accessory Use SC—Shopping Center C — Conditional Use' GB — General Business I — Interim Use I - Industrial PUD— Planned Unit Development Automobile service stations in compliance with City Code 12-8-4 X — Prohibited Use C If Use Not Specifically Listed or Provided for Elsewhere in the City ode, It Is Prohibited Uses ZoningDistricts AUTO RELATED USES NB SC GB I Automobile service stations in compliance with City Code 12-8-4 C3 C2 C C Car wash automated X C X X Car wash self service X X P P Car wash, accessory to automobile service station X P P P School bus terminal X X X P Transportation terminals or motor freight terminals X X X X Vehicle sales new in Compliance with City Code 3-8 X X C C Vehicle sales used in Compliance with City Code 3-8 X X C C LIQUOR NB SC GB I Liquor licenses in compliance with City Code 3-1 X C C C Liquor License, On -Sale Wine in compliance with City Code 3-1 C C C C Liquor stores, off -sale in compliance with City Code 3-1 X C C X RETAIL TRADE AND SERVICES NB SC GB I Adult use business as defined in Title 3, Chapter 7 of the City Code X X C C Barbershops and beauty salons P P P X Canipgrounds, gun clubs and ranges, archery ranges, racetracks X X X X Christmas tree sales I I I I Commercial recreation, indoors p p p p Commercial recreation outdoors C C C C Commercial riding stables X 3c X X Crematorium in compliance with definition under City Code 12-2 X X C C Da care centers Commercial p P p p Daycare centers(drop in PA PA PA PA Drive in businesses or businesses with a drive through window C C C C Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compliance with definition under City Code 12-2 X X C C Financial institutions p p p p Hotels and motels C C C C Lumberyard X X X C Medical and dental clinics p p P p Medical clinic - continuous operation C C C C Mortuaries and funeral homes without crematorium P P p P Pawnbrokers- as defined in Title 3 Chapter 4 of the City Code X C C C Precious metal dealers -as defined in City Code 3-4 X C C C Professional studios p p P p Recreational vehicle boat, and marine equipment sales X P P p Rental businesses (Equipment) I I P P Repair services as defined in City Code 12-2 p I P P p Resorts X X X X Restaurants/cafes p p p p Restaurant with live entertainment X C C X Retail trade and services p p p C Secondhandgoods dealers as defined in Title 3 Chapter 4 of this code X C I C I C or animal mceedin height maximum u to 45 feet in height GE storage (tanks greater than 1,000 -gallon storage capacity) in co e 12-8-2 construction materials (temporary processing and storage) in in X P P P X X X X C C P P NB SC GB I X X X X C C C C C C C C NB SC GB I corn with C C C C compliance I I I I X X C C C C C C C C C C X X X X C C C C X X X X NB SC GB I i Ci Code 8-2 P P P P pipelines, etc. C C C C P P P P NB SC GB I PA PA PA PA 9- C C C C 3de 12-3-5 C C C C CS X P P X C C X X X P X P P X^ X^ permit has been I I I I Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30%) of the floor areas ace of the principal building. Antennas in excess of thirty-five feet (35') in height in compliance with City Code 12 Continuous operation of a business Excavation (Mining) greater than 400 issued in compliance with City Code Golf courses and driving ranges Group Homes as regulated by State Marinas Research laboratories Swimming pools and recreatio Uses which may be detrimental to working in the vicinity Wholesale businesses Wind Energy Conversion System Activities involving the storage, such as TNT or dynamite. no erty except as herein amended -as or structures he health, safety, and welfare of persons (WECS)-as defined in and in compliant 'ECS are prohibited on WDE site. rated) ed) ilization or manufacture of materials or Notes: 1. Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or P P X TRI -PP P PA PA PA PA or X X X X X X P P C C C C X X X X PA PA PA PA I I I I Notes: 1. Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-61) of this title. 2. Provided a minimum of twenty-five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 3. After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 4. Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". From November 15th to January 1 st continuous operation will be allowed in the General Business and Industrial Zoning District. 5. Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on properties outside of the Metropolitan Urban Service Area (MUSA) boundary. [a]:r_1ira tam REQUIREMENTS FOR SPECIFIC CONDITIONAL USES SECTION: 12-12-1: Two -Family Home Conversions (Splits) 12-12-2: Liquid Storage Tank 12-12-3: Exterior Storage 12-12-4: Automobile Service Station 12-12-5: Accessory Dwelling Unit (ADU) 12-12-1: TWO-FAMILY HOME CONVERSIONS (SPLITS): A. Two-family home conversions (splits) may be permitted following issuance of a Conditional Use Permit (which shall be reviewed and pertinent data regarding the unit shall be provided, including, but not limited to, submission of a survey setting out each individual lot and its location along said party wall). Each dwelling unit shall be provided with individual sewer stubs, individual wells or sources of water, separate power supply to each living unit, one hour fire separation between living units, and that a party wall agreement and covenant document, including an arbitration clause, shall be entered into by all affected parties. These upgrades to the structure and providing the city a copy of the party wall agreement and covenant documents by the applicant must take place prior to release of the resolution approving the two-family home split. B. In the event a two-family home is lacking the required garage space and/or the minimum housing unit size, the applicant must obtain a variance or bring the unit up to current standards. In the event a unit falls below the nine hundred sixty (960) square foot minimum and is more than fifty percent (50%) destroyed (as determined by the building official), the unit will be required to be rebuilt to meet the minimum of nine hundred sixty (960) square feet and also have a garage that meets the minimum size requirement. This would become a standard condition of any variance to structure size (if it were granted). If the building is improperly located on the lot such that it requires a variance to setbacks, a variance would be required to be granted or the unit will not be allowed to be split. (Ord. 8QQQQQQ, 10-1-2002) 12-12-2: LIQUID STORAGE TANK: A. Conditional Use Permit Required For Certain Materials: All uses, including pipelines associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a Conditional Use Permit in order that the governing body may have some assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. All tanks that could contain hazardous and/or flammable liquids having a capacity in excess of one thousand (1,000) gallons shall be required to obtain a Conditional Use Permit and a permit from the Fire Department prior to installation. Exceptions are noted below. All public agencies (including school districts, city, county and state) shall be entitled to apply for a Conditional Use Permit for a tank regardless of the zoning district that they are located in. B. The governing body may require the development of diking around said tanks, suitably sealed, to hold a leakage capacity equal to one hundred fifteen percent (115%) of the tank capacity. C. Prohibitions All liquid storage tanks not listed as a Conditional Use in the Uses table (refer to Section 12-14) or as an Exception (as noted in Section 12-12-2 D.) shall be prohibited. D. Exceptions. The provisions of this subchapter do not apply to: 1. Existing home heating oil tanks, including those located in basements, cellars, if the storage tank is located upon or above the surface of the floor; 2. Septic tanks. 3. Small (20-30 Ib.) propane tanks used on barbeque grills. E. Installation, Alteration, Repair or Removal Permits. 1. The installation, alteration, repair or removal of any liquid storage system governed by this subchapter requires permits issued by the Fire Chief pursuant to the provisions of the Minnesota State Fire Code and any other applicable code, ordinance, statute, rule or National Fire Prevention Association Standards; 2. Permits and fees. The issuance of permits and the collection of fees shall be in accordance with the fee schedule adopted by the City Council in the amount provided by the fee resolution, set forth in this code; 3. The Fire Chief may deny a permit to persons not capable of performing pursuant to ordinance requirements. (Amended Ord. 314,10-4-2005) 12-12-3: EXTERIOR STORAGE: In all districts excluding residential districts, the governing body may order the owner of property to apply for a Conditional Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. (Amended Ord. 8, 10-21-1970; Ord. 380, 4/21/09) 12-12-4: AUTOMOBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation is intended to protect the public health, safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations, including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, environmental health hazards, and the like. Automobile service stations shall be subject to the following: A. All new buildings, the site, tanks, piping and dispensing stations, shall comply with the current provisions of the Minnesota State Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in Section 12-12-2 of this code. (Amended Ord. 438, 6-3-14; Amended Ord. 463, 6-21-16) B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees, service vehicles and those needing repair and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles are regulated per section 6-5 of City Code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the Conditional Use Permit. (Amended Ord. 314,10-4-2005) 12-12-5: ACCESSORY DWELLING UNIT (ADU) A. Purpose. The purpose of this subdivision is to permit and regulate an accessory dwelling unit (ADU). An ADU may be located accessory to a single-family dwelling in the R-1, Single Family Rural zoning district only as a conditional use subject to the regulations set forth herein. The minimum lot size in the R-1 zoning district ensures that additional housing will have less impact on neighboring properties. Because this use will be located in established one -family residential districts (single family home neighborhoods), the installation and use of an accessory dwelling unit must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory dwelling units that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected. B. Performance standards. No property within a single-family residential district shall have more than one dwelling unit, except an ADU may be permitted as a conditional use to a single-family dwelling when all of the following requirements are met: The primary residence must be located on a lot within an R-1, Single Family Rural zoning district. 2. The property owner must reside in either the primary residence or the ADU as their permanent residence according to state law. 3. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. An ADU's total floor area shall be no more than 900 square feet and not less than 400 square feet. 5. The ADU shall be separated a minimum of twenty feet (20') from the primary residence. The ADU shall meet the setback requirements for an accessory structure as specified in the City Code. An ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence. An ADU shall not extend beyond the height of the primary residence. 8. Two off-street parking spaces shall be required for the ADU, in addition to the off-street parking spaces required for the primary residence. An additional garage may be constructed, provided it complies with all state and city regulations. No more than one ADU shall be permitted on a lot or parcel. 10. An ADU shall have a permanent foundation. Houses on wheels or trailers shall be prohibited. 11. An ADU shall be constructed and maintained in accordance with all state laws, state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements. 12. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code. 13. Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the property owner resides in the accessory dwelling unit, shall require a City rental license pursuant to the City Code. It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements. (Amended Ord. 463, 06-2016) CHAPTER 13 REQUIREMENTS FOR SPECIFIC INTERIM USE PERMITS SECTION: 12-13-1: Land Reclamation 12-13-2: Mining 12-13-3: Highway Construction Materials (Temporary Processing and Storage 12-13-1: Land Reclamation: Land reclamation shall be permitted only by Interim Use Permits in all districts. The permit shall include, as a condition thereof, a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall: A. Regulate the type of fill permitted; B. Include a program for rodent control; C. Include a plan for fire control; D. Provide for general maintenance of the site; E. Provide planned controls of vehicular ingress and egress; and F. Provide for control of material disbursed from wind or hauling of material to or from the site. 12-13-2: MINING: In all districts, the conduct of mining shall be permitted only upon issuance of a Interim Use Permit. Such permit shall include, as a condition thereof: A. A plan for finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted; and B. The route of trucks moving to and from the site. 12-13-3: HIGHWAY CONSTRUCTION MATERIALS (TEMPORARY PROCESSING AND STORAGE): A. Site Plan Requirements: The temporary processing and storage of sand, gravel, or other materials shall be permitted only by Interim Use Permit. Such Interim Use Permit shall include a site plan showing: 1. Where the processing is to be done; 2. The location of the plant; 3. Disposal of water; 4. Route of trucks moving to and from the site in removing processed material from the site. A. Term Of Permit: Such permit shall be granted for a specified period. CHAPTER14 PERFORMANCE STANDARDS SECTION: 12-14-1: Purpose and Scope 12-14-2: Enforcement 12-14-3: Exterior Storage 12-14-4: Refuse in All Districts 12-14-5: Screening 12-14-6: Landscaping in All Districts 12-14-7: Glare in All Districts 12-14-8: Off Street Parking Requirements 12-14-9: Off Street Loading and Unloading Areas 12-14-10: Traffic Control 12-14-11: Drainage 12-14-12: Guesthouses 12-14-13: Dwelling Units of Employees on Premises in Residential Districts 12-14-14: Dwelling Units in Commercial and Industrial Districts 12-14-15: Visual Standards 12-14-16: Coin Operated Machines 12-14-17: Residential Building Standards 12-14-18: Interim Performance Standards 12-14-1: PURPOSE AND SCOPE: The performance standards established in this chapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible. The performance standards are also designed to prevent and eliminate those conditions that cause urban blight. All future development shall be required to meet these standards. The standards shall also apply to existing development where so stated. (Amended Ord. 8, 10-21-1970) 12-14-2: ENFORCEMENT: The City Administrator or their designee shall be responsible for enforcing these standards. (Amended Ord. 8, 10-21-1970) (Amended Ord. 314,10-4-2005) 12-14-3: EXTERIOR STORAGE: A. Residential Districts: All materials and equipment not stored within a building must be fully screened (as outlined in Section 12-14-5) so as not to be visible from adjoining properties, except for the following (Amended Ord. 380, 4/21/09): 1. Clotheslines and recreational equipment. (Amended Ord. 314 10-4- 2005) 2. Building materials currently being used on the premises of a property with an active building permit or landscaping materials to be incorporated into a project on the premises of a property with an active remodeling/beautification project not to exceed six (6) months within a calendar year. (Amended Ord. 314 10-4-2005; Ord. 380, 4/21/09; Ord. 392, 5/18/10) 3. Agricultural equipment and materials if these are used or intended for use on the premises. 4. Special mobile equipment permitted only when being used in conjunction with a temporary service including, but not limited to emergency events or a construction, remodeling, or landscaping project benefiting the premises or the temporary, general loading or unloading onto the premises. B. All Districts except Residential Districts: The City Council may require a Conditional Use Permit for any exterior storage of the following: 1. If it is demonstrated that such storage is a hazard to the public health, safety, general welfare, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. (Amended Ord. 8, 10-21- 1970; Ord. 380 4/21/09) 12-14-4: REFUSE IN ALL DISTRICTS: A. Interpretation: All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a Conditional Use Permit, or otherwise permitted by provisions of this title shall be considered as refuse. B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. All non-residential uses shall have trash enclosures built of materials that match the principal structure and have an opaque gate made of wood or metal (metal chain link with slats is not acceptable). (Amended Ord. 314,10-4-2005) C. Vacant Land: The owner of vacant land shall be responsible for keeping such land free of refuse and weeds. D. Existing Uses to Comply: Existing uses shall comply with this provision within six (6) months following enactment of this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 12-14-5: SCREENING: A. Exterior Storage: Screening from residential properties and public streets as visible from ground level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six-foot fence would not block direct vision of the exterior storage. (Amended Ord. 380, 4/21/09) 1. Landscaping products and merchandise displayed for sale in limited quantities may be exempt from this screening requirement provided that a Conditional Use Permit and commercial site plan approval have been achieved and the approved plan provides specified locations, appearance and maintenance criteria and prevents conflicts with traffic circulation and emergency access. B. Loading Docks: Screening of loading docks from public streets and residential properties shall be provided to the top of the loading door(s). Such screening shall be provided with a wing wall constructed from the same materials as the principal structure whenever possible. Other views into the loading dock from public streets and residential properties shall be screened with a combination of berming, fencing and landscaping to a minimum height of six feet except within sight triangles at intersections with public streets. C. Mechanical Equipment: 1. Rooftop mechanical equipment shall be screened from public streets and residential properties with a cornice, parapet, or other architectural feature to the fullest extent possible. Any remaining protrusions of rooftop equipment above these features shall be painted to match the principal structure. 2. Ground mounted mechanical equipment shall be screened from public streets and residential properties with landscaping or a fence or enclosure that is architecturally compatible with the principal structure. D. Multiple Frontage Residential Lots: Screening between the rear yard and the adjacent street shall be provided to achieve a minimum height of six feet at plant maturity as measured from the surface of the adjacent street. Such Screening must consist of: 1. Existing vegetation 2. A compact evergreen or deciduous hedge 3. Deciduous and coniferous trees 4. A landscaped berm 5. A combination of the above E. Buildings: The sides and rear of non-residential buildings and residential structures containing more than two (2) units shall be screened from residential properties within 200 feet, to a minimum height of six feet at plant maturity as measured from the grade of the residential property line. Such screening shall be provided with the following: 1. Existing vegetation 2. A compact evergreen or deciduous hedge 3. Deciduous and coniferous trees 4. A landscaped berm (Amended Ord. 314 10-4-2005) 5. An architecturally compatible opaque fence 6. A combination of the above F. Parking Areas: Screening from residential properties shall be provided to a minimum height of six feet as measured from the surface of the parking area. Screening from public rights-of-way shall be provided to a minimum height of three feet. Parking area screening must consist of: 1. An architecturally compatible opaque wall or opaque fence. 2. A landscaped berm 3. Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet. Such trees shall not be used to satisfy minimum tree requirements. 4. A combination of the above. G. Trash Enclosures and Compactors: Trash collection shall be provided on the interior of the principal structure whenever possible. When exterior trash enclosures are necessary such enclosure shall be constructed from a masonry product that is compatible with the principal structure. Such enclosure shall exceed the height of all waste receptacles stored inside and shall provide adequate space for recycling. The trash enclosure shall have an opaque metal or wood gate. Chain link fencing shall not be allowed. Trash enclosures shall be screened from public rights-of-way and residential properties with coniferous trees equal in height to the trash enclosure at the time they are planted. (Amended Ord. 314, 10-4-2005) 12-14-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES: A. Purpose and Intent. The City of Andover recognizes the health, safety, aesthetic, ecological and economic value of landscaping and screening. The provisions of this section are intended to: Add visual interest to open spaces and blank facades; 2. Soften dominant building mass; 3. Provide definition for public walkways and open space areas; 4. Ensure significant tree canopy shading to reduce glare and heat build-up; Improve the visual quality and continuity within and between developments; 6. Provide screening and mitigation of potential conflicts between activity areas and more passive areas; 7. Protect and improve property values; 8. Improve air quality and provide a buffer from air and noise pollution; 9. Enhance the overall aesthetic conditions within the City; 10. Limit sight line obstructions and drainage conflicts; 11. Reduce the potential for criminal and illegal activities; and 12. Prevent conflicts with utilities. B. Landscape Plans: A landscape plan shall be submitted with any Commercial Site Plan Application as described in City Code 12-15-4; C. Minimum Number of Trees and Shrubs. Except for single and two family uses, development must at a minimum provide the following numbers of trees and shrubs in addition to any trees and shrubs required for screening in Section 12-14-5: 1. One tree per 75 lineal feet of site perimeter 2. One shrub per 30 feet of site perimeter 3. One shrub per 15 lineal feet of building perimeter Reduced Landscaping in Rear Yards. Landscaping may be reduced in areas along the back side of the building which face the rear yard, and which are not used for screening. Landscaping for the total site shall still comply with the overall requirements. D. Credit for Existing Trees. Existing healthy deciduous trees greater than four caliper inches or existing healthy evergreen trees greater than six feet in height and are not identified on the City's prohibited plant species list may be credited toward the minimum required trees on a site. E. Minimum Tree Size. Required trees must meet the following minimum size standards: 1. Overstory trees must be at least one- and one-half caliper inches at planting; 2. Single stem ornamental trees must be at least one- and one-half caliper inches at planting; 3. Evergreen trees and multi -stem ornamental trees must be at least six feet in height at planting. F. Parking Island Landscaping. The following plant material shall be provided in parking islands without credit toward the minimum number of trees and shrubs described above: 1. One tree per 270 square feet of parking island area; 2. One shrub per 30 square feet of parking island area. G. Restrictions. The following restrictions on landscaping and screening apply to protect the public health, safety and welfare. Public Easements. Landowners are advised that landscaping features placed in a public easement may be removed without compensation if it is necessary to install, replace or maintain a public utility, sidewalk or drainage way within the easement. 2. Trees, irrigation lines, berms, walls or fences must not be placed in a public easement where public improvements are located without the written approval of the Director of Public Works. 3. Sight Triangle. Landscaping and screening must not interfere with the sight triangle as defined in the City Code. (Amended 5/19/20; Ord. 507) 4. Crime Prevention Through Environmental Design (CPTED). In support of CPTED principles designed to reduce the fear and incidence of crime and to improve the quality of life, landscaping must support the objectives of natural surveillance, territorial reinforcement, access control, and maintenance. These CPTED objectives are further discussed in the Planning Manager's Landscaping and Screening Policies and Procedures document. 5. Fire Hydrant and Utility Clear Zone. The area three feet in radius around all fire hydrants, fire hose connections and utility boxes must be kept free of any trees, shrubs or other landscaping feature that could impede access to or use of the hydrant, fire hose connection or utility box. H. Administration: The City shall have the authority to adopt and implement landscaping and screening policies and procedures for the purpose of specifying landscape plan submittal requirements, establishing surety rates and procedures and offering landscaping and screening material and design recommendations. Ground cover. All site areas and areas that have been disturbed during construction must be covered with sod to the property lines and/or adjacent rights-of-way. Rock and mulch may be substituted for sod in landscaping planting beds and along the perimeter of buildings. All landscaping planting beds shall provide a durable edging system. Native plant communities may be re-established in appropriate portions of the site J. Irrigation Required. All required landscape materials shall be irrigated. K. Material Maintenance. The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan and City Code requirements. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be replaced at the next appropriate planting period with new materials in conformance with the approved landscape plan and applicable City Code standards. L. Ground Cover Maintenance. Ground cover must be maintained in accordance with Section 9-9 of this Code. M. Removal. Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this Section. N. Surety. To ensure that landscaping and screening are installed as proposed and survive through at least one full growing season, a landscape performance surety may be required by the City and when required must be submitted prior to issuance of building permits for new development where a landscape plan is required. The surety may consist of a bond, an irrevocable letter of credit, cash deposit or other instrument that provides an equal performance guarantee to the City. (Amended Ord. 314 10-4-2005; Amended Ord. 463, 6-21-16) 12-14-7: GLARE IN ALL DISTRICTS: A. Any lighting used to illuminate an off-street parking area, sign, or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. B. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. C. The source of light shall be hooded or controlled in some manner so as not to light adjacent property. D. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right of way. E. Any light or combination of lights that cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of said street. Any light or combination of lights that cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. (Amended Ord. 8, 10-21- 1970) 12-14-8: OFF STREET PARKING REQUIREMENTS: A. Purpose: The regulation of off-street parking spaces in this title is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking of motor vehicles and trailers in accordance with the utilization of various parcels of land or structures and to maintain the general use and character within the zoning designations. (Amended Ord. 392, 5/18/10) B. Policy: For those rural lots originally intended to be 2.5 acres, but upon development resulted in less than 2.5 acres but at least 2.375 acres are, for the purpose of this ordinance, considered to satisfy the 2.5 acre requirement. (Amended Ord. 392, 5/18/10) C. Site Plan Required: All applications for a building permit or Certificate of Occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of the driveway, off street parking and loading spaces, and storage areas in compliance with the requirements set forth in this chapter. D. General Provisions: 1. Determining Floor Area: Floor area, for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use. Floor area shall not include areas used primarily as utility rooms, maintenance areas, restrooms, fitting rooms, alteration rooms, window display areas or lobbies. 2. Change of Use or Occupancy of Land or Buildings: a. Land: No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which is necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. b. Buildings: Any change of use or occupancy of any building, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this title. 3. Permitted Use of Residential Parking Area: a. Driveways in a residential district shall be utilized solely for the parking of licensed and operable motor and passenger vehicles, trailers, and recreational vehicles, and may not contain no more than one vehicle registered as a commercial vehicle with the State of Minnesota. Said such commercial vehicle shall not: 1.) exceed 12,000 pounds gross vehicle weight; 2) the height of the vehicle shall not exceed nine (9) feet; and 3) the carrying load area shall not exceed the height of the operating area (this height shall not include any accessory equipment such as a ladder, antenna, or aftermarket utility box that may be affixed or attached to the vehicle). (Amended Ord. 392, 5/18/10) b. Private Garages: A private garage in a residential district shall not be utilized for business or industry, except as allowed by Section 12-9-3 of this code. Further, not more than one-half (1/2) of the space may be rented for the private vehicles of persons not residents on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. In an R-1 or R-2 single-family residential district on a parcel of at least three (3) acres in size, one truck tractor may be stored within an accessory building. Under no circumstances shall the required parking facilities allow for the parking of semi- trailers, unless otherwise allowed by City Code. (Amended Ord. 392, 5/18/10) c. Rear yards: A combination of no more than two (2) of the following: passenger vehicles, pickup trucks, recreational vehicles, or trailers shall be permitted to be stored in the rear yard of a residential property provided they are setback not less than ten (10) feet from all property lines and are fully operable and licensed as required by the State of Minnesota. Each item shall not exceed twenty (20) feet in length. The permitted length for one recreational vehicle may increase to no more than forty- five (45) feet in length in the following locations: (1) On a parcel of land having a minimum lot size of two and a half (2.5) acres. (2) On one or more parcels of land sharing a lot line owned by the same person and having a total combined acreage of 2.5 acres. (Amended Ord. 392, 5/18/10) d. Commercial vehicles exceeding the gross vehicle weight or height as enumerated in Section 12-14-8, D. subpart 3.a. or any special mobile equipment shall only be permitted on any off- street parking area or its respective premises if it is being used in conjunction with a temporary service including, emergency events or a construction, remodeling, or landscaping project benefiting the premises. In no instance shall the duration of such special mobile equipment exceed two (2) consecutive days at any given period of time unless prior authorization from the City has been obtained. (Amended Ord. 392, 5/18/10) 4. Prohibited Use of Parking Area: a. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking or storing of semi -trailers, flatbed trucks, tow trucks, school buses, or similar. (Amended Ord. 392, 5/18/10) b. Required off street parking space in any district shall not be utilized for the open storage of goods or for the storage of vehicles which are inoperable, for sale or for rent. 5. Calculating Space: a. When determining the number of off-street parking spaces, fractional results of one-half (1/2) or more shall constitute another space. b. In stadiums, sports arenas, religious institutions, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two inches (22") of such seating facilities shall be counted as one seat for the purpose of determining requirements. (Amended Ord. 480, 3-20-18) c. On a structure containing two (2) or more types of use, each use shall be calculated separately to determine the total number of off- street parking spaces required, except as provided for under joint parking and shopping centers. 6. Joint Facilities: Off street parking facilities for a combination of mixed buildings, structures or uses may be provided collectively in any business or recreational district in which separate parking facilities for each separate building, structure or use would be required; provided, that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period, subject to the following conditions: a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities. b. There shall be no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off- street parking facilities is proposed. c. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the County Recorder. 7. Off -Site Parking: a. Any off-site parking which is used to meet the requirements of this title shall require a Conditional Use Permit as regulated by Section 12-15-7 of this title and shall be subject to the conditions listed herein. b. Off-site parking shall be developed and maintained in compliance with all requirements and standards of this title. c. Reasonable access from off-site parking facilities to the use being served shall be provided. d. The site used for meeting the off-site parking requirements of this title shall be under the same ownership as the principal use being served. e. Off-site parking for multiple -family dwellings shall not be located more than one hundred feet (100') from the principal use served. f. Off-site parking for nonresidential uses shall not be located more than three hundred feet (300') from the main entrance of the principal use being served. No more than one main entrance shall be recognized for each principal building. (Amended Ord. 8, 10-21- 1970) g. Any use which depends upon off-site parking to meet the requirements of this title shall remain under the same ownership until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking. (Amended Ord. 8,10-21-1970; amd. 2003 Code) E. Design Standards: 1. Parking Space Size: Parking spaces shall not be less than ten feet wide by eighteen feet in length (10' x 18') exclusive of access aisles, and each space shall be adequately served by an access aisle. 2. Residential Design: a. Parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley, except in the case of single-family, two-family, townhouse and quadraminium dwellings. b. Parking area design that requires backing onto the public street is prohibited, except in the case of single-family, two-family, townhouse and quadraminium dwellings. 3. Curb Cuts: a. No curb cut access shall be located less than sixty feet (60') from the intersection of two (2) or more street rights-of-way. This distance shall be measured from the intersection of lot lines. b. All proposed curb cuts along a county road must be reviewed and approved by the County Highway Department. c. No nonresidential curb cut access shall exceed thirty feet (30') in width unless approved by the City Engineer. d. No residential driveway located on a cul-de-sac shall exceed twenty-four feet (24') in width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed thirty feet (30') in width at the street curb to the right-of- way/property line. e. Curb cut openings and driveways shall be a minimum of ten feet (10') from the side yard property line in all classes of business, industrial, or multi -family residential districts. f. Curb cut openings and driveways shall be a minimum of five feet (5') from the side yard property line in all residential districts (R-1, R-2, R-3, R-4, R-5). g. Driveway access curb openings on a public street shall not be located less than forty feet (40') from one another, except for single- family, two-family, quadraminium and townhouse dwellings. h. All property shall be entitled to one curb cut/access unless otherwise specified herein: (1) All commercial/industrial use property shall be allowed one curb cut/access for each one hundred twenty-five feet (125') of street frontage. (2) Multiple dwelling units shall be limited to one curb cut/access for each one hundred twenty-five feet (125') of street frontage unless otherwise approved by the city pursuant to a Planned Unit Development'. (3) No residential primary curb cut/access shall be created directly onto any street of collector status or greater unless approved by the City Engineer. (4) No residential accessory curb cut/access shall be permitted directly onto any street unless approved by the City Engineer. (Amended Ord. 8, 10-21-1970) L A detail of the curb cut standards is on file in the office of the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 4. Aisles: a. Aisles adjacent to or giving access to perpendicular parking spaces or diagonal parking spaces having angles of less than ninety degrees (900) but greater than sixty degrees (600) shall be at least twenty-four feet (24') in width. b. Aisles adjacent to or giving access to parking spaces having angles of sixty degrees (60°) or less shall be at least twenty feet (20') in width. c. Drives providing circulation between parking bays or aisles shall have a minimum inside turning radius of sixteen feet (16) for drives used by passenger vehicles and a minimum inside turning radius of twenty-five feet (25') for drives used by semi -trailers or single unit delivery trucks. 5. Grades: The grade elevation of any parking area, driveway and aisles shall not be less than one percent (1 %) and shall not exceed five percent (5%). 6. Surfacing: a. Specifications: All driveways, off street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. b. Maintenance of Parking Facilities: It shall be the responsibility of 1 See title 13, chapter 3 of this code. the owner of the principle use or building to maintain, in a neat and adequate manner, the parking space and accessways with materials in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. (Amended Ord. 426, 1/2/13) c. Exemptions: (1) Farm dwellings and farm operations are exempt from this paving requirement. (2) City parks shall be exempt from the paving requirement if approved by the City Council. (3) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement, with an acceptable surface approved by the City Engineer. d. Plans: Plans for surfacing and drainage of driveways for nonresidential uses shall be submitted to the City Engineer for review, and the final plan shall be subject to written approval. 7. Striping: Except for single-family, two-family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white painted lines not less than four inches (4") wide. (Amended Ord. 8, 10-21- 1970; Amended Ord. 426, 1-2-13) 8. Lighting: a. All off street parking areas for residential uses of twelve (12) or more spaces and all off street parking for commercial, industrial, institutional, and public uses shall be equipped with operable lighting designed to illuminate the entire surface of the parking area in conformance with current standards as set forth by the Illuminating Engineering Society of North America (IESNA). This shall not apply to neighborhood parks as identified in the "Andover Comprehensive Park System And Recreation Plan", as amended. IESNA EXTERIOR LIGHTING GUIDELINES b. For the purposes of interpreting IESNA standards, land use categories shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off-street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (900). d. Illumination from light fixtures shall be measured at one foot (1') above ground level on a forty-five degree (45°) angled plane. e. Developments where more than one land use exists and different lighting requirements are applicable will be addressed during the commercial site plan review process. (Ord. 293, 7-6-2004) General arkinq And Pedestrian Vehicle Use Area Only Land Use Minimum Minimum Foot- Uniform Foot- Uniform Average Candles Ratio Avera a Candles Ratio High Major league athletic events 3.6 0.9 4:1 2.0 0.67 3:1 Major cultural or civic events Regional shopping centers (300,000 square feet or greater) Fast food facilities Medium Community shopping centers 2.4 0.6 4:1 1.0 0.33 3:1 (5,000 —299,999 square feet) Cultural, civic, or recreational events Office parks Hospital parking Transportation parking (airports, commuter lots, etc) Residential com lex parking Low Neighborhood shopping 0.8 0.2 4:1 0.5 0.13 4:1 (under 5,000 square feet) Industrial employee parking Educational facility parking Religious Institution parking b. For the purposes of interpreting IESNA standards, land use categories shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off-street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (900). d. Illumination from light fixtures shall be measured at one foot (1') above ground level on a forty-five degree (45°) angled plane. e. Developments where more than one land use exists and different lighting requirements are applicable will be addressed during the commercial site plan review process. (Ord. 293, 7-6-2004) 9. Curbing: a. All driveways, loading areas, parking areas and storage areas shall be bounded by poured in place concrete curb and gutter for the purpose of traffic control, drainage control, protection of pedestrian movement, protection of landscaped features, aesthetics and maintenance prevention as deemed necessary by the Andover Review Committee, except for single-family, two- family, townhouse and quadraminium dwellings. b. The city may exempt curbing where the city has approved future expansion of the parking lot. c. Poured in place concrete traffic safety islands may be required to maintain a safe and orderly flow of traffic within the parking lot and shall be approved by the Andover Review Committee. F. Location: All accessory off street parking facilities required by this title shall be located and restricted as follows: 1. Required accessory off street parking shall be on the same lot and under the same ownership as the principal use being served. 2. Head -in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited, except for single-family, two-family, townhouse and quadraminium dwellings. 3. In business districts, there shall be no off-street parking within twenty feet (20') of any street surface. 4. On nonresidential parcels, the boulevard portion of the street right-of- way shall not be used for parking. 5. In all classes of business, industrial or multi -family residential districts, required off street parking and all other uses shall not be provided in the following setback areas: a. Front yard: Twenty feet (20'). b. Side yard: Ten feet (10') (at least 20 feet if abutting existing or future right-of-way or if abutting a residential district). c. Rear yard: Ten feet (101). The requirements of Subsections F5a, F5b and F5c of this section may be deleted if, in the City Engineer's opinion, a parking lot is an integral part of a parking lot on an adjoining parcel of property. 6. In the case of single-family, two-family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the property between the public right-of-way and rear of the principal structure except designated driveways leading directly into a garage and one open, surfaced space located contiguous to the side of a driveway, away from the principal use. Said extra space shall be surfaced as provided in Subsection E6 of this section. (Amended Ord. 8, 10/21/1970; Amended 5/19/20; Ord. 506) G. Number Of Spaces Required: The following minimum number of off-street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: Type of Use Auto repair, major bus terminal, taxi terminal, boats and marine sales and repair, bottling company, shop for a trade employing 6 or less people, garden supply store, building material sales in structure Parking Spaces Required 8 spaces, plus 1 additional space for each 800 square feet of floor area over 1,000 square feet Bowling alley 5 spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal use Car wash (in addition to required stacking spaces): 1. Automatic drive through, serviced 2. Self-service 3. Motor fuel station car wash 10 spaces, or 1 space for each employee on the maximum shift, whichever is greater A minimum of 2 spaces 0 in addition to that required for the station Community centers, physical culture 10 spaces, plus 1 additional space for studios, libraries, private clubs, each 150 square feet of floor area in lodges, museums, art galleries excess of 2,000 square feet in the principal structure Religious Institution, theater, auditorium Drive in establishment and convenience food Elderly (senior citizen) housing Golf driving range, miniature golf, archery range Hospitals 1 space for each 3 seats of the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this title 1 space for each 150 square feet of gross floor area, but not less than 15 spaces Reservation of area equal to 1 space per unit. Initial development is, however, required only ''/z space per unit, and said number of spaces can continue until such time as the City Council considers a need for additional parking spaces has been demonstrated 10 spaces, plus 1 additional space for each 100 square feet of floor area 2 spaces per bed Manufacturing, fabricating or 1 space for each 350 square feet of processing of a product or material floor area, plus 1 additional space for each company owned truck (if not stored inside principal building) Motels, motor hotels, hotels 1 space per rental unit, plus 1 space for each 10 units and 1 additional space for each employee on any shift Motor fuel station 4 spaces, plus 2 additional spaces for each service stall. Those facilities designed for sale of items other than strictly automobile products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this title New and Used Vehicle Sales Employee Parking: 3 stalls plus 1 stall per 400 square feet of gross floor area Office buildings; professional offices and clinics 1. Office buildings and professional Offices 2. Clinics (including, but not limited to dental or medical offices, veterinary clinics and animal hospitals) Sporting and health clubs Residential, multiple -family dwellings Residential, single-family, two-family, townhouse and quadraminium units Restaurants, cafes, private clubs serving food and/or drinks, bars, on sale nightclubs Retail sales and service business with 50 percent or more of gross floor area devoted to storage, warehouses and/or industry Retail store and service establishment Sanitarium, convalescent home, rest home, nursing home or day nursery (GFA) beyond the first 1,000 GFA. Customer Parking: 5 stalls plus 5 stalls per acre above the first acre. (Amended Ord. 324, 4-4-2006) 1 space for each 250 square feet of floor area or fraction thereof, but not less than 3 spaces per lot design 1 space for each 150 square feet of floor area or fraction thereof, but not less than 3 spaces per lot design 1 space per 100 square feet of building area, plus 6 spaces per tennis/racquetball or other type of court 2 spaces per unit, at least 1 of which spaces shall be in an enclosed garage, plus''/2 space per unit for visitors' parking 2 spaces per unit, in addition to required garage 1 stall for every 2.5 seats. 8 spaces or 1 space for each 200 square feet devoted to public sales or service, plus 1 additional space for each 500 square feet of storage area; or at least 8 spaces or 1 additional space for each employee on the maximum shift, whichever is greater 1 space for each 200 square feet of floor area 4 spaces, plus 1 space for each 3 beds for which accommodations are offered School, elementary and junior high School, high school through college and private and day or religious institution schools 1 space for each classroom, plus 1 additional space for each 50 -student capacity At least 1 space for each 7 students based on maximum design capacity, plus 1 additional space for each 3 classrooms Shopping centers: 1. Basic requirement: a. Small centers — 400,000 square 4 spaces per 1,000 square feet of feet or less of gross leasable floor GLA or portion thereof area (GLA) b. Medium centers — greater than 4.5 spaces per 1,000 square feet of 400,000 square feet up to and GLA or portion thereof including 600,000 square feet of GLA c. Large centers —greater than 600,000 square feet of GLA 2. Shopping centers with cinemas: a. Centers having up to and including 200,000 square feet of GLA b. Centers having greater than 200,000 square feet of GLA Skating rink (private), dance hall, or public auction house Warehousing, storage or handling of bulk goods 5 spaces per 1,000 square feet of GLA or portion thereof Add 3 additional spaces for each 100 areas or fraction thereof to the basic requirements Add to the basic requirements 3 spaces for each 100 cinema seats or additional fraction thereof above 750 20 spaces, plus 1 additional space for each 200 square feet of floor space over 2,000 square feet That space which is solely used as office shall comply with the office use requirements and 1 additional space for each 2,000 square feet of floor area or fraction thereof, plus 1 additional space for each employee on maximum shift and 1 additional space for each company owned truck (if not stored inside principal building) Undertaking establishments 20 spaces for each chapel or parlor, plus 1 additional space for each funeral vehicle maintained on the premises. Aisle spacing shall also be provided off the street for making up a funeral procession Other uses Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles Reduced parking facilities When demonstrated to the satisfaction of the City Council that up to 10 percent of the number of parking spaces required by this title would not be needed for the particular use in question, a reduced number of parking spaces may be approved subject to the following: 1. The application for reduction shall be accompanied by supporting data specifically applying to the particular use in question or showing a lesser national standard. 2. The applicant must also provide each of the following: a. A detailed parking plan demonstrating that the parking otherwise required by this title can be provided on the site within ordinance design standards; and b. A covenant in recordable form, approved as to form and content by the city attorney, executed by all property owners, which covenant provides that the owners, heirs, successors and assigns will not use the area identified for expansion parking for any use except landscaping or to cause compliance with the off-street parking requirements of this title. c. The city may order installation of previously excepted parking spaces at any time when, in the city's judgment, conditions indicate the need for such parking, and the property owner shall comply with said order. (Amended Ord. 8,10-21-1970; amd. 2003 code) 12-14-9: OFF-STREET LOADING AND UNLOADING AREAS: A. General Provisions: 1. Use Restrictions: Any space allocated as a loading berth or maneuvering area so as to comply with the terms of this title shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area. 2. Berths Required During Building Construction: In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off street loading space. 3. Hours of Loading and Unloading: Where noise from loading or unloading activity is audible in a residential district in excess the noise levels in City Code 5-6-4, the activity shall terminate between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Amended Ord. 427, 7-16-13) B. Location: All required loading berths shall be off street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than twenty-five feet (25') from the intersection of two (2) street rights-of-way nor less than fifty feet (50') from a residential district unless within a building. Loading berths shall not occupy the required front yard space. C. Design Standards: 1. Size: Unless otherwise specified in this title, a required loading berth 193 shall be not less than twelve feet (12') in width, twenty-five feet (25') in length, unless stated as fifty-five feet (55'), and fourteen feet (14') in height, exclusive of aisle and maneuvering space. 2. Access: Each required loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic. 3. Surfacing: All loading berths and accessways shall be improved with a durable material to control the dust and drainage according to a plan approved by the City Engineer. (Amended Ord. 8, 10-21-1970) Number Of Loading Berths: Type Of Use 1. Nonresidential uses: a. 5,000 square feet space or more net included as part of subsection D2 or D3 of this section (1) 4,000 to 20,000 square feet floor area (2) Each additional 10,000 square feet of floor area or fraction thereof above 20,000 square feet Loading Berths Required 1 berth 1 additional berth 2. Retail sales, offices, public 1 loading berth administration buildings, hospitals, schools, hotels, and similar uses: for such a building having 5,000 to 10,000 square feet of floor area 3. Manufacturing, fabrication, processing and warehousing: a. Buildings having 2,000 to 15,000 square feet b. Buildings having 15,001 to 30,000 square feet c. Buildings having over 30,000 1 berth 1 berth, plus one 55 -foot berth 1 berth 55 feet in length for square feet each 50,000 additional square feet, plus 1 berth 25 feet in length for each 100,000 square feet. (Amended Ord. 8,10-21- 1970; amd. 2003 Code) 12-14-10: TRAFFIC CONTROL: A. The traffic generated by any use shall be channelized and controlled in a manner that it will minimize: 1. Congestion on the public streets; 2. Traffic hazards; and 3. Excessive traffic through residential areas, particularly truck traffic. B. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and out of business and industrial areas and all traffic from residential lots adjacent to a thoroughfare shall in all cases be forward moving with no backing into streets. C. On corner lots (including rural areas), nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (2 1/2') and ten feet (10') above the centerline grades of the intersecting streets within fifteen feet (15') of the intersecting street right-of-way lines. This restriction shall also apply to the planting of crops and to yard grades that result in elevations that impede vision within fifteen feet (15') of any intersecting street right-of-way lines'. (Amended Ord. 8, 10-21-1970) 12-14-11: DRAINAGE: No land shall be developed, and no use shall be permitted that results in water runoff causing flooding, erosion, or deposit of minerals on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities. Any change in grade affecting water runoff onto adjacent property must be as approved by the City Council. (Amended Ord. 8, 10-21-1970) 12-14-12: GUESTHOUSES: A. Guesthouses, for purpose of this title, shall be an accessory building detached from the principal building where accommodations for sleeping are provided but no kitchen facilities are provided, and is not considered a separate dwelling unit. The intended use is for persons visiting the See also subsection 12-4-5D of this title. occupants of the principal building and shall not be used as a rental property. (Amd. 4/18/06, Ord. 325A) B. Guesthouses shall be permitted in all single-family residential districts, shall be located the required depth of the rear yard or more from the principal building, and shall conform to the side yard requirements for the principal building. (Amended Ord. 8, 10-21-1970) 12-14-13: DWELLING UNITS OF EMPLOYEES ON PREMISES IN RESIDENTIAL DISTRICTS: A. Accessory Uses and Structures: The dwelling units of employees on premises in residential districts, for purposes of this title, shall be an accessory use, and if located within a separate structure, such structure shall be an accessory structure. B. Compliance with District Provisions: Dwelling units shall conform to the provisions applicable to the district in which located except as herein modified. C. Location: 1. Detached dwelling units shall be a distance from the principal structure equal to the sum of the required rear yard and one-half (1/2) the required front yard for the principal structure. 2. Detached dwellings shall not be located less than the required side yard for the principal building to any lot line. D. Parking Lot Required: All dwelling units shall have a designated off-street parking lot. (Amended Ord. 8, 10-21-1970) 12-14-14: DWELLING UNITS IN COMMERCIAL AND INDUSTRIAL DISTRICTS: A. Accessory Use; Compliance with District Provisions: Dwelling units for the watchman and family shall be considered as accessory uses and shall conform to all applicable regulations for the district in which located except as herein modified. B. Restrictions And Requirements: 1. A dwelling unit in the commercial district located in a commercial structure shall not occupy the front half of the ground floor or basement. 2. A dwelling unit in a commercial or industrial building shall not contain more than one bedroom. 3. No detached dwelling unit shall be permitted in the commercial or industrial districts. 4. A dwelling unit which is a part of the principal building shall be provided with one outside entrance. (Amended Ord. 8, 10-21-1970) 12-14-15: VISUAL STANDARDS: A. Policy: It is hereby affirmed as essential public policy that the appearance of this community is a proper matter for public concern and that all open spaces, buildings, signs, plantings, surfaces, and structures which may be seen from the public ways and water bodies are subject to the provisions of this title. B. Prohibited Exteriors: On any non-residential building, the following material shall not be permitted on exterior wall surfaces: a. Aluminum, steel and metal, except as an accent material; b. Common or painted concrete blocks; c. Metal; d. Galvanized steel (see subsection 12-14-17-F of this chapter); e. Structural clay tile; f. Sheet metal, either corrugated or plain (see subsection 12-14- 17-F of this chapter); g. Similar materials. 2. Such materials, however, may be used as an accent material to complement the architectural design and appeal of the building as determined by the Andover Review Committee. The applicant shall have the opportunity for the City Council to review architectural plans and make a final determination of the materials and design. (Amended Ord. 314 10-4-2005) 12-14-16: COIN OPERATED MACHINES: Coin operated, automatic machines dispensing food, soft drinks, and other food and materials shall be governed as follows: A. Shall not be permitted in residential districts except as approved by Conditional Use Permit as an accessory use within buildings housing the principal use, and if residential, it shall contain four (4) or more families. B. Shall be permitted as an accessory use to recreation uses in general recreation districts, provided they are within a building, under a canopy, or otherwise protected from the elements; in no instance shall they be located within any required yards. C. Shall be permitted accessory uses in all business and industrial districts, provided they are within a building or located outside the building immediately adjacent to said building and protected from the elements by an eave, canopy, or other permitted structure. (Amended Ord. 8, 10- 21-1970; amd. 2003 Code) 12-14-17: RESIDENTIAL BUILDING STANDARDS': All permitted residential structures in RR, R-1, R-2, R-3, and R-4 zoning districts shall meet the following design criteria (Amended Ord. 468, 6-6-17): A. All structures shall have permanent concrete or treated wood foundations that will anchor the structure, which comply with the State Building Code as adopted in Section 9-1-1 of this code and which are solid for the complete circumference of the house. Except, four -season porches may be constructed without the permanent foundation, provided the porch does not exceed a maximum coverage of twenty percent (20%) of the footprint of the habitable portion of the principal structure. B. Sixty percent (60%) of a residential structure shall have a minimum width of twenty-four feet (24'). Width measurements shall not take into account overhangs or other projections. Such width requirement shall be in addition to the minimum area per dwelling requirements of Section 12-3-5 of this title. C. Single-family dwellings other than approved earth sheltered homes shall have at least a 4:12 roof pitch and shall be covered with shingles or tiles. This requirement shall not apply to three -season porches, four -season porches, greenhouses and solariums, provided they meet the State Building Code and are approved by the Building Official. D. All single-family dwellings shall have roof overhangs that extend a minimum of one foot (1') from all the walls of the structure unless the style of the house dictates otherwise and said plan is approved by the Building Official prior to any permits being granted. See also title 9, chapter 1 of this code. E. All single-family structures must be built in conformance with Minnesota statutes sections 327.31 to 327.35 or the State Building Code as adopted in Section 9-1-1 of this code. F. Any metal siding upon single-family residential structures shall have horizontal edges and overlapping sections no wider than twelve inches (12"). Sheet metal siding shall not be permitted in such districts. G. All exterior construction, including finish and the final grading, shall be completed in accordance with plans and specifications within one year following date of permit issuance. All existing buildings not meeting the provisions of this title shall comply within one year following adoption of this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) H. On attached single-family dwellings, such structures shall not exceed two (2) stories in height, excluding the basement. 12-14-18: INTERIM PERFORMANCE STANDARDS: A. Purpose: Interim performance standards are intended to establish an alternative level of site improvements for properties located in the rural industrial area generally referred to as the Hughs/Westview industrial park area. The City acknowledges that the lack of municipal utilities limits the development potential of these properties. These performance standards are intended to allow continued use, expansion and redevelopment with a level of site improvements that is commensurate with the development potential of the properties. B. Applicability and Scope: This section shall apply to any expansion of use requiring a conditional use permit or commercial site plan on all properties generally described as the Hughs/Westview industrial park area and legally described as the southwest quarter of the northwest quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota and the west half of the west half of the southeast quarter of the northwest quarter of section 16, Township 32, Range 24, Anoka County, Minnesota. C. Procedure: Applications shall be processed under the Interim Use Permit procedures described in City Code 12-15-8 except as follows (Amended 5/19/20, Ord. 505): 1. Application: The property owner or designee shall submit a complete application to the Community Development Department. A complete application consists of the following: a. A completed Interim Use Permit form and fee as described in City Code 1-7-3 (Amended 5/19/20, Ord. 505) b. A site plan that describes all of the existing and proposed site improvements, including the dimensions of the property, buildings, parking, landscaping and storage areas and distances from property lines. c. A letter describing the existing use of the property, the proposed use of the property and all of the proposed site improvements. d. Other information deemed necessary by staff to review the request. 2. Council Determination: The City Council shall approve or deny the application based on the factors established in this section. The City Council may attach such conditions as they determine necessary to provide the appropriate level of site and building improvements to accomplish the purpose of this section. The level of required improvements shall be determined on a case-by-case basis. Applications shall be reviewed based on the following factors: a. Existing appearance of the building and site; b. Compatibility of the proposed site development plan with the other industrial properties in the area; c. Effect of the proposed use and the proposed site development plan on the adjacent residential neighborhood, including traffic, noise, glare, buffers, and environmental impacts; D. Deviations to the performance standards will be considered in the following areas: 1. Parking and Impervious Surface Areas: a. Screening, landscaping, visual appeal, and lighting of parking lot areas. b. Paving of parking areas for customers. c. Dust control measures for unpaved parking and storage areas. 2. The amount, type, location, and screening of exterior storage requested as a part of any Interim Use Permit (Amended 5/19/20, Ord. 505). 3. Screening of mechanical equipment and trash bins/dumpsters. 4. Other factors related to the new development proposal, as the City Council may deem relevant. E. Term of Approval: Interim performance standards approved under this section shall not be subject to the five-year maximum term as noted in City Code Section 12-15-8 (E) (1), and may continue until City sewer and water are extended into the area affected by this section. At that time, any future expansion or redevelopment of the affected properties shall be required to fully conform to the regular performance standards of City Code 12-14. (Amended 5/19/20, Ord. 505) F. Other Requirements: Proposed improvements or changes in use will be reviewed by the Building Official and Fire Chief. They will make a determination of whether or not the building(s) on the site need to be brought into compliance with applicable building and fire codes. Site improvements must also be made to meet the requirements of the National Pollutant Discharge Elimination System (NPDES). No portion of this section shall be used to vary from these requirements. (Amended 9/18/07; Ord. 353) CHAPTER15 ADMINISTRATION AND ENFORCEMENT SECTION: 12-15-1: Administration and Enforcement Official 12-15-2: Application Fees 12-15-3: Public Hearing Process 12-15-4: Commercial Site Plan Review 12-15-5: Amendments 12-15-6: Rezoning 12-15-7: Conditional Uses 12-15-8: Interim Uses 12-15-9: Variances 12-15-10: Board of Adjustments and Appeals Established 12-15-11: Violation; Penalties 12-15-1: ADMINISTRATION AND ENFORCEMENT OFFICIAL: This title shall be administered by the Community Development Director who shall be appointed by the City Council. The City Planner may institute, in the name of the city, any appropriate actions or proceedings against a violator as provided by law. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 12-15-2: APPLICATION FEES: Application fees for items listed on the Fee Schedule, as set out in Subsections 12-14-5A1, 12-14-6C1 and 12-14-7B1 of this chapter, may be changed from time to time as set forth by ordinance'. (Amended Ord. 8,10-21-1970; amd. 2003 Code) (Amended Ord. 314,10-4-2005) 12-15-3: PUBLIC HEARING PROCESS: A. Council Actions Requiring a Public Hearing: The following Council actions shall require a public hearing: 1. Variance 2. Conditional Use Permit (CUP) 3. Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment 7. Interim Use Permits (Amended Ord. 436, 4-15-2014) B. Public Hearing A public hearing on an application for Council actions in this 1 See subsection 1-7-3H of this code. chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. 3. Property owners and occupants within three hundred fifty feet (350') of subject properties located inside the Municipal Urban Service Area (MUSA) (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 4. Property owners and occupants within seven hundred feet (700') of subject properties located outside the MUSA (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 5. The notification distance shall be measured from the perimeter of the subject property. Property owner notifications shall be sent by mail. Failure by any property owner or occupant to receive such notice shall not invalidate the proceedings. 6. Staff shall have discretion to expand the notification area on a case-by-case basis. 7. The hearing may be continued from time to time in the event the Planning and Zoning Commission needs additional information from the applicant or other sources to make its decision. 8. The Planning Commission recommendation shall be presented to the City Council. 9. The City Council shall make the final decision on the proposed action (Amended Ord. 342, 3-6-07) 12-15-4: COMMERCIAL SITE PLAN REVIEW: A. Purpose: Commercial Site Plan Review is necessary to protect the public health, safety and general welfare as well as to promote orderly development and prevent adverse impacts on the surrounding community. B. Applicability: All non-residential development proposals shall be required to complete the commercial site plan review process before a building permit can be issued. C. Additional Approval Required: All development proposals that require additional approvals such as a Conditional Use Permit, Variance or approval from another agency or organization shall obtain these approvals prior to application for commercial site plan review. D. Application: A completed commercial site plan application and fee as established in City Code 1-7-3 shall be submitted to the Community Development Department. E. Required Materials: The application and fee shall be accompanied by the required application materials as specified on the commercial site plan application. F. Completeness Determination: The Community Development Department shall review the application and materials for completeness. If the application is incomplete, staff will issue a letter detailing the deficiencies of the submittal. No further action will be taken until the submittal is complete. G. Review: Complete applications shall be reviewed by the Andover Review Committee (ARC) for compliance with applicable regulations. ARC shall provide review comments to the applicant within two weeks of receipt of a complete application. H. Revision: The applicant shall make all necessary revisions to comply with the review comments of ARC and all applicable regulations. The applicant shall then resubmit the commercial site plan to the City. The applicant shall also be required to respond in writing to each review comment to describe how the comment was addressed on the commercial site plan. Continuation to Compliance: The review and revision process described above shall continue until ARC finds the commercial site plan in compliance with all applicable regulations and all other approvals have been granted. J. Approval: Once the proposal has been found to be in compliance with ARC comments, applicable regulations and all other required approvals have been granted, the applicant shall provide two complete full size and two complete half size plan sets to the City to be signed. A signed plan set shall be returned to the applicant. A signed plan set shall be retained by the City. No building permit shall be issued prior to approval of the commercial site plan. K. Appeal: Any person aggrieved by a decision of ARC shall be entitled to appeal to the City Council within thirty (30) days of the decision by filing a notice of appeal. The Community Development Department shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. The decision of ARC shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of ARC be affected. L. Revisions and Amendments: Administrative approval of minor changes to an approved commercial site plan may be authorized by the Community Development Department upon review and approval by ARC. Proposed changes that involve expansion in the use of the property or other substantial modifications to the approved commercial site plan shall follow the procedures described in this section. M. Financial Guarantee: All improvements of the approved commercial site plan should be completed before a Certificate of Occupancy is issued. If in the determination of the Building Official and Fire Chief a building meets the requirements for occupancy and site improvements are substantially completed a Certificate of Occupancy may be issued upon receipt of a cash escrow or letter of credit to guarantee all remaining site improvements will be completed. The amount of the cash escrow shall be determined by the Community Development Department. N. Inspection: The site shall be inspected as necessary to verify completion of all work on the approved commercial site plan. No financial guarantee shall be refunded until a site inspection has been completed and the work for which the guarantee was held is completed as approved on the commercial site plan. (Amended Ord. 314,10-4-2005) 12-15-5: AMENDMENTS: A. In accordance with the provisions of Minnesota statutes, the governing body may, from time to time, adopt amendments. Amendments to the text may be initiated by the City Council, Planning and Zoning Commission, property owner, or resident. Staff shall review all proposed amendments and make recommendations to the Planning Commission. All proposed amendments shall be referred to the Planning and Zoning Commission prior to adoption, and the Planning and Zoning Commission shall hold a public hearing on the proposed amendment. The public hearing shall be held in accordance with Chapter 12-15-3. Fees shall be charged according to the most current fee schedule. The final decisions regarding amendments shall rest with the City Council. (Amended Ord. 8, 10-21- 1970, Amended Ord. 314 10-4-2005) B. Relation to Comprehensive Plan: It is the policy of the City of Andover that the enforcement, amendment, and administration of this Chapter be accomplished consistent with the recommendations contained in the City Comprehensive Plan, as developed and amended from time to time by the Planning Commission and City Council. The Council recognizes the City Comprehensive Plan as the official policy for the regulation on land use and development in accordance with the policies and purpose herein set forth. In accordance with Minnesota Statutes Chapter 473, the City will not approve any rezoning or other changes in these regulations that are inconsistent with the City Comprehensive Plan. Proposed changes to the City Comprehensive Plan shall have a public hearing per the process in Chapter 12-15-3. (Amended Ord. 314 10-4-2005) 12-15-6: REZONING: A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be as follows: 1. Initiation of Rezoning: The Planning and Zoning Commission, the City Council, or a property owner or designee may initiate a rezoning. Persons wishing to initiate a rezoning of property shall fill out a rezoning request form. The rezoning form shall be accompanied by a fee as set forth by ordinancelto be used for the costs of processing the application. The rezoning form shall be filed with the Community Development Director. An additional fee as set by ordinance may be required for each meeting in excess of two (2) that is necessary because of incomplete information or changes in the application. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) 2. A public hearing shall be held in accordance with section 12-14-8. (Amended Ord. 314 10-4-2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response to a rezoning application as outlined in State Statute 15.99. (Amended Ord. 314 10-4- 2005) 4. Reapplication After Denial: No application for rezoning that has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial. (Amended Ord. 314 10-4-2005) B. Certain Zoning Changes; Input from Adjacent Community: Any zoning district change on land adjacent to or across a public right-of- way from an adjoining community shall be referred to the adjacent community for review and comment prior to action by the governing body granting or denying the zoning district classification change. A period of at least thirty (30) days shall be provided for receipt of comments. Such comments shall be considered as advisory only. (Amended Ord. 8, 10-21- 1970) 12-15-7: CONDITIONAL USES: A. General Provisions: 1. Conditional Use Permits may be granted or denied in any district by action of the City Council. 2. The Community Development Director shall maintain a record of all Conditional Use Permits issued including information on the use, locations, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Conditional Use Permit shall also be filed with the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Conditional Use Permit shall require an amended Conditional Use Permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title (October 21, 1970) shall be considered as having a Conditional Use Permit which contains conditions which permit any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall be required to amend their Conditional Use Permit through the process provided in this section. (Amended Ord. 314 10-4-2005) B. Criteria For Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. (Amended Ord. 8, 10-21-1970) C. Procedure: 1. Request for Conditional Use; Fee: The person applying for a Conditional Use Permit shall fill out and submit to the Community Development Director a request for Conditional Use Permit form together with a fee as set forth by ordinance. An additional fee as set forth by ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 2. A public hearing shall be held in accordance with section 12-15-3. (Amended Ord. 314 10-4-2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response as outlined in State Statute 15.99. (Amended Ord. 314, 10-4-2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance'. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (Amended Ord. 314, 10-4-2005) D. Time Limit on Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8,10-21-1970) 12-15-8: INTERIM USE PERMITS: A. Purpose: Certain land uses might not be consistent with the land uses designated in the Comprehensive Land Use Plan and they might also fail to meet all of the zoning standards established for the district within which they are proposed. Some such land uses may, however, be acceptable or 1 See subsection 1-7-3H of this code. even beneficial if reviewed and provisionally approved for a limited period of time. The purpose of the interim use review process is to allow the approval of interim uses on a case-by-case basis. Approved interim uses shall have a definite end date and may be subject to specific conditions considered reasonable and/or necessary for the protection of the public health, safety and general welfare. B. Application/Fee: The person applying for an Interim Use Permit shall fill out and submit to the Community Development Director a request for Interim Use Permit form together with a fee as set forth by ordinance. The Community Development Director shall have ten (10) working days from receipt of the application to determine completeness. The Community Development Director shall refer completed applications to the Planning and Zoning Commission. C. Procedures: The public hearing, public notice and procedural requirements for interim use permits shall be as provided in 12-14-8. The City Council shall act upon the interim use permit within sixty (60) days from the date of submission of a complete application unless an extension has been provided pursuant to Minnesota Statutes 15.99. Approval of a request shall require a four-fifths (4/5) vote of the entire City Council. D. Standards: The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: Will not create an excess burden on parks, streets, and other public facilities; Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. E. Termination: An interim use permit shall terminate upon the occurrence of any of the following events as determined by the City Council: Five (5) years from the date of approval; or 2. The date or event stated in the permit; or 3. An amendment to the City Code that either no longer allows the interim use or now permits the interim use; or 4. The use has been discontinued for six months or longer. F. Revocation: The City Council may revoke any interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of the City Code or other applicable regulations. G. Renewals: If an approved interim use is to be continued beyond the date of its expiration or if an expired interim use is to be reinstated, an applicant shall follow the above process for seeking a new interim use approval. H. Reapplication after Denial. No previously denied application for an Interim Use Permit may be considered by City Council for a period of one year from the date of its denial. (Amended Ord. 436, 4-15-2014) 12-15-9: VARIANCES: A. Variances Authorized: The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 407, 6-21-11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6-21-11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. 'Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6-21-11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6-21-11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6-21-11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6-21-11) 2. Variances may be granted for the temporary use of a one family dwelling as a two-family dwelling. (Amended Ord. 407, 6-21-11) E. Procedure: The procedure for granting variances is as follows: 1. Request for Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee asset forth by ordinance'. (Amended Ord. 407, 6-21-11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12-14-8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12-15-9. (Amended Ord. 407, 6-21-11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12-15-9. (Amended Ord. 407, 6-21-11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to See subsection 1-7-3 of this code. the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6-21-11) 6. Time Limit on Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10-21-1970) 12-15-10: BOARD OF ADJUSTMENTS AND APPEALS ESTABLISHED: A. The City Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2, and shall have the powers granted under Minn. Stat. Sections 462.357, subdivision 6, and Minn. Stat. 462.359, subdivision 4, as they may be amended from time to time. (Amended Ord. 407, 6-21-11) B. Appeals Authorized: A property owner or aggrieved person may appeal any order, requirement, permit, decision or interpretation of the text of this title, or any determination as to the location of the boundary of a zoning district as shown on the zoning map, or any determination by the Zoning Administrator or city employee administering zoning, building or related controls. The City Council shall determine, in harmony with the general purposes of this title and the Comprehensive Plan, by resolution, all appeals. (Amended Ord. 407, 6-21-11) C. Time for Filing Appeal: At any time within ninety (90) days after the decision subject to appeal as provided in this section and Minn. Stat. 462.359, subdivision 4, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the city affected thereby may appeal to the City Council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. (Amended Ord. 407, 6-21-11) D. Hearings: A hearing on the matter may be conducted by the City Council or be directed to be held by the Planning and Zoning Commission, with a recommendation provided to the City Council. The City Council shall rule on the appeal. (Amended Ord. 407, 6-21- 11) E. Notice: Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines or interpretation of the text of this title, ten (10) days' published notice of hearing in the official newspaper shall be given. (2003 Code; Amended Ord. 407, 6-21-11) 12-15-11: VIOLATION; PENALTIES: Any person, firm, corporation, or voluntary association which violates or refuses to comply with any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by State Law. Each day that a violation is permitted to exist shall constitute a separate offense. (Amended Ord. 8, 10-21- 1970) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE REPEALING ANDOVER CITY CODE TITLE 12: ZONING REGULATIONS CHAPTERS 1 THROUGH 16 AND REPLACED WITH TITLE 12: ZONING REGULATIONS CHAPTERS 1 THROUGH 15 STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety, and welfare. The Repeal and Replacement of this section was done to provide the most efficient means to establish new zoning districts and requirements to make the City's Zoning Regulations align with the City's Comprehensive Plan. In addition, the repeal and replacement also allowed the opportunity to clean up other areas of the Title 12. Other items included in this repeal and replacement include: added, amended or deleted certain zoning definitions; amended text for consistency with State Statute; removed two infrequently used zoning districts; adjusted the setback and land use tables to accommodate the new zoning districts; amended the process for home occupations and for constructing an accessory building prior to building a house from a Conditional Use Permit (CUP) to an Interim Use Permit (IUP); amended some standards for home occupations including in-home beauty salons/barber shops; removed some sections from Title 12 and moved them to Title 4; removed Chapter 11 on shoreland lots which was already addressed in another Title in City Code; and reformatted, moved and renumbered chapters and sections to arrange them in a more logical manner. 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 19' day of April 2022. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Sheri Bukkila, Mayor 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor & Councilmembers Jim Dickinson, City Administr nn Joe Janish, Community Developme rector' l / Jake Griffiths, Associate Planner Consider Amendments to City Code 4-1-2: Public Nuisances Enumerated and Summary Ordinance for Publication — City of Andover (Applicant) - Planning April 19, 2022 DISCUSSION The proposed amendments to City Code 4-1-2: Public Nuisances Enumerated are part of the larger update to the City Code reviewed as part of a previous agenda item. The updates to City Code 4-1-2 relocate nuisance standards that were previously contained in the Title 12: Zoning Regulations to Title 4: Public Health and Safety. The purpose of the proposed amendments is to keep most of the City's nuisance standards in one place in the City Code rather than scattered across multiple Titles. The proposed amendments were previously reviewed by the Planning & Zoning Commission at their January 25, 2022 workshop and by the City Council at their February 22, 2022 workshop, both of which were supportive of the proposed amendments. The Planning & Zoning Commission conducted a public hearing on the proposed amendments at their April 12, 2022 meeting in which no public comments were received. After a brief discussion, the Commission recommended approval of the proposed amendments (6 -yes, 0 -no, 1 -absent). ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the proposed City Code amendments and summary ordinance for publication. Respectfully submitted, Jake Griffiths Associate Planner Attachments Draft Resolution of Approval Draft Summary Ordinance for Publication CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS AS FOLLOWS: AN AMENDMENT TO CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY, CHAPTER 1: NUISANCES, SECTION 2: PUBLIC NUISANCES ENUMERATED. 4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or failure to perform a legal duty, intentionally does any of the following, is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: A. Dangerous Conditions: Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. B. Obstructing Public Ways And Waterways: Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public. C. Interference With Health Officials: Willfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws in performing any legal duties. D. Deposits Of Used Tires: Deposits or allows depositing of used or waste tires upon public or private property which is not a tire recycling, processing or receiving site approved by the city. E. Accumulation of Debris: Maintains or permits the accumulation of discarded or unused machinery, household appliances, automobile bodies, lumber, wood trash, debris, or other material, or the rank growth of vegetation among the items so accumulated, in a manner conducive to the harboring of rats, mice, snakes, mosquitoes, vermin, or in any manner creating fire, health, or safety hazards. (Amended Ord. 383, 6-2-09) F. Junk Motor Vehicles: Parks, keeps, stores or accumulates junk motor vehicles upon any private land or premises owned; occupied or controlled by any person or legal entity unless authorized by this code or other ordinance. No person shall park, keep or place any such vehicle upon land not owned by such person. For purposes of this section, a junk vehicle means any motor vehicle as defined in Minn. Stat. §169.011, subd. 42, part of a motor vehicle, or former motor vehicle stored in the open which is (1) unusable or inoperable because of a lack of or defects in component parts; (2) unusable or inoperable because of damage from collision, deterioration, or otherwise; (3) beyond repair, and, therefore, not intended for future use as a motor vehicle; (4) being retained on the property for possible use of salvageable part; or (5) is not properly and currently licensed for operation within the State of Minnesota. (Amended Ord. 383, 6-2-09) G. Dilapidated Structures: Maintains or permits the existence of any structure or part of any structure which due to fire, wind, other natural disaster, physical deterioration, or any other cause, is no longer habitable as a dwelling or is no longer useful for any other purpose for which it may have been intended. (Amended Ord. 383, 6-2-09) H. Integrity of Dwelling Unit: All exterior elements of residential dwelling units in the City shall be kept in a clean, sanitary and structurally safe condition and in sound repair, including: 1. Stairways, porches, balconies, or decks; 2. Windows and Doors; 3. Soffit and Facia; 4. Roofs; 5. Siding, bricks, stone or stucco; 6. All other exterior elements not specifically listed. Remodeling Projects: All residents undertaking remodeling projects must keep all materials being used in the remodeling project in a neat and orderly appearance and out of view from adjoining property for the duration of the project. J. All garbage and refuse shall be kept in proper storage containers (bins or dumpsters) and regularly disposed of as set forth in Article 4, Chapter 2, of the Andover City Code. (Amended Ord. 371, 5-20-2008; Amended Ord. 383, 6-2-09) K. Radiation and Electrical Emissions: No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any such point of any equipment other than that of the creator of such disturbances. Noise, odors, vibration, smoke, glare, air pollution, or dangerous wastes shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, the Minnesota Noise Pollution Control Rules, and the Andover City Code. MIS Other Conditions: Is guilty of any other act or omission declared by state law or city ordinance to be a public nuisance. (Amended Ord. 72, 10-15- 1985; Amended Ord. 383, 6-2-09) All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Approval shall be contingent on the adoption the updated City Code Title 12: Zoning Regulations. Adopted by the City Council of the City of Andover this 19th day of April 2022. ATTEST: CITY OF ANDOVER: Michelle Hartner, City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX SUMMARY AN AMENDMENT TO CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY, CHAPTER 1: NUISANCES, SECTION 2: PUBLIC NUISANCES ENUMERATED. 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 amends City Code 4-1-2: Public Nuisances Enumerated to include regulations for nuisances such as noise, odors, vibration, smoke, glare, air pollution, dangerous wastes, radiation, electrical emissions and similar type nuisances which were previously located in the Title 12: Zoning Regulations of the City Code. Some regulations were modified to address issues of clarity and consistency. 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 19th day of April 2022. ATTEST: CITY OF ANDOVER Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Councilmembers CC: Jim Dickinson, City Administra Joe Janish, Community Developme rector q9 FROM: Jake Griffiths, Associate Planner SUBJECT: Consider Rezoning Request — Rezone Properties from GR: General Recreation to R-4: Single Family Urban — Parcel ID Numbers 22-32-24-43-0004, 22-32-24-43- 0005, 22-32-24-43-0003, 22-32-24-43-0002 — City of Andover (Applicant) - Planning DATE: April 19, 2022 DISCUSSION As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda item, the GR: General Recreation zoning district was proposed to be eliminated. As a result, any properties currently zoned GR: General Recreation will need to be rezoned to a new zoning district that will exist after the update to the City Code is adopted. At this time there are only four properties within the GR: General Recreation zoning district and they comprise the area commonly referred to as "Sunshine Park". City staff is proposing to rezone the subject properties to R-4: Single Family Urban as times and conditions will have changed with the dissolution of the GR: General Recreation zoning district. The proposed zoning of R-4: Single Family Urban will match the zoning of surrounding public properties such as City Hall, the Andover/YMCA Community Center and Andover Elementary School. No change to the use of Sunshine Park is proposed. On the zoning maps below the area will still be shown as parkland even though the underlying zoning will have been changed. Current Zoning Map Proposed Zoning Map The Planning & Zoning Commission held a public hearing on the rezoning request at their April 12, 2022 meeting. No public comments were received during the public hearing, however, one written comment was received prior to the meeting. A copy of this comment is attached. The Commission had a brief discussion where they verified that the rezoning request does not have any impact on Sunshine Park, discussed the slight changes in colors between the existing zoning map and the proposed zoning map, and the zoning of surrounding public properties. After discussion, the Planning & Zoning Commission recommended approval of the rezoning request (6 -yes, 0 -no, 1 -absent). ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the rezoning request. Respectfully submitted, JGriffiths Associate Planner Attachments Draft Resolution of Approval Copy of Public Comments Received CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE XXX AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as follows: 1. The zoning designation of the following parcels is hereby amended from GR: General Recreation to R-4: Single Family Urban: Parcel A (PID#: 22-32-24-43-0004): UNPLATTED GROW TWP TH PT OF SWIA OF SE1/4 OF SEC 22-32-24 TH IS DESC AS FOL -COM ATTHE SW COR OF SAID SWI/4 OF SE1/4 & PROC TH N ON THE W LINE THEREOF FOR A DIST OF 115 FT TO THE PT OF BEG HEREIN & PROC TH E& PARA TO THE S LINE FOR A DIS OF 125 FT-PROC TH N & PARA TO THESAID W LINE FOR A DIST OF 85 FT-PROC TH W & PARA TO SAID S LINE TO AN INTERSECTION WITH SAID W LINE & PROC TH S ON SAID W LINE TO THE POINT OF COMMENCEMENT. Parcel B (PID#: 22-32-24-43-0005): THAT PRT OF SW1/4 OF SE1/4 OF SEC 22 TWP 32 RGE 24 DESC AS FOL: BEG AT SW COR OF SD 1/4 1/4, TH N ALG W LINE THEREOF 115 FT, TH E PRLL/W S LINE OF SD 1/4 1/4 210 FT, TH S PRLL/W SD W LINE TO SD S LINE, TH W ALG SD S LINE TO POB, EX RD, SUBJ TO EASE OF REC Parcel C (PID# 22-32-24-43-0003): UNPLATTED GROW TWP TH PT OF SWI/4 OF SE1/4 OF SEC 22-32-24 DES AS FOL -COM AT THE SW COR OF SAID SWI/4 OF SEI/4-TH N ALONG THE W LINE THEREOF 200 FT TO THE PT OF BEG-TH E & PARA WITH THE S LINE OF SAID SW1/4 OFSEI/4 125 FT-TH S & PARA WITH THE W LINE OF SW1/4 OF SEI/4 85 FTTH E & PARA WITH THE S LINE OF SAID SW 1/4 OF SE1/4 85 FT-TH N & PARA WITH THE W LINE OF SAID SWIA OF SE1/4 335 FT-TH W & P ARA WITH THE S LINE OF SAID SW1/4 OF SE1/4 TO A PT ON THE W LINE OF SAID SW1/4 OF SE1/4 WHICH IS 450 FT N OF THE SW COR OF SAID SWIA OF SETA AS MEAS ALONG THE W LINE OF THE SWIA OF SEI/4-THS A LONG THE W LINE OF SAID SWIA OF SEI/4 TO THE PT OF BEG-SUBJ TO CO STATE AID HWY NO 18 AS NOW LAID 0 UT & CONSTRUCTED Parcel D (PID# 22-32-24-43-0002): SWI/4 OF SETA SEC 22-32-24 EX THAT PRT DESC AS FOL: BEG AT SW COR OF SD 1/4 1/4 TH N ALG W LINE THEREOF 450 FT, TH E PRLL/W S LINE OF SD 1/4, 1/4 210 FT, TH S PRLL/W SD W LINE 450 FT TO SD S LINE, TH W ALG SD S LINE TO POB; ALSO EX W 147 FT OF THAT PRT OF SD 1/4 1/4 LYG NLY OF CO RD NO 18 & ELY OF W 726 FT OF SD 1/4 1/4; ALSO EX RD; SUBJ TO EASE OF REC 2. The findings for the rezoning are that the property is located within the Metropolitan Urban Service Area and also has the ability to be served by City of Andover municipal services. Times and conditions have changed with the dissolution of the GR: General Recreation zoning district to rezone the property to R-4: Single Family Urban and match the zoning of the subject properties to surrounding properties with public uses. 3. All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 19th day of April, 2022. ATTEST: Michelle Harmer, City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor Jake Griffiths From: Charles & Linda Bies Sent: Sunday, April 3, 2022 9:31 PM To: PublicComments Cc: Jake Griffiths Subject: . Rezoning Follow Up Flag: Follow up Flag Status: Completed IYou don't often get email from biesboys@comcast.net. Learn why this is important EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. "Sunshine Park" is just that, a park and recreation area. If you are striving for consistency, why not rezone the blocks referenced; Andover City Hall, Andover Community Center, and Andover Elementary School to represent their actual use. I am curious why/how they ended up as R4 instead of "mixed use commercial" or something similar without rezoning. I have lived in Andover long enough to remember when those areas were something other than R4 (probably agriculture). I wonder why bother with this rezoning push or why it is going in the planned direction. Seems there are better ways to utilize our resources. Sincerely Charles Bies 1969 148th Ave NW Andover. MN 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Councilmembers CC: Jim Dickinson, City Admini Joe Janish, Community Dev FROM: Jake Griffiths, Associate Planner SUBJECT: Consider Rezoning Request — Rezone Property from LB: Limited Business to NB: Neighborhood Business — Parcel ID Number 33-32-24-13-0005 — City of Andover (Applicant) - Planning DATE: April 19, 2022 DISCUSSION As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda item, the LB: Limited Business zoning district was proposed to be eliminated. As a result, any properties currently zoned LB: Limited Business will need to be rezoned to a new zoning district that will exist after the update to the City Code is adopted. At this time there is only one property within the LB: Limited Business zoning district which is commonly referred to as the "Molly Professional Building IP' near the corner of Crosstown Dr NW and Crosstown Blvd NW. City staff is proposing to rezone the subject property to NB: Neighborhood Business as times and conditions will have changed with the dissolution of the LB: Limited Business zoning district. The proposed zoning of LB: Limited Business will match the zoning of surrounding commercial properties in the area. No change in use to the property is proposed. Current Zoning Map Proposed Zoning Map <3j s W33 13089 BUNKER LAKE BUiD 2920 ]oo Crook Mr Park 3693 I� 31i8 13 2112 389 E 3,,, l¢ x't' I31 The Planning & Zoning Commission held a public hearing on the rezoning request at their April 12, 2022 meeting in which no public comments were received. After a brief discussion, the Planning & Zoning Commission recommended approval of the rezoning request (6 -yes, 0 -no, 1 - absent). ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the rezoning request. ectfully submitted, 5Jake Griffiths Associate Planner Attachments Draft Resolution of Approval CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as follows: 1. The zoning designation of the following parcel is hereby amended from LB: Limited Business to NB: Neighborhood Business: PID# 33-32-24-13-0005 THAT PRT OF SWI/4 OF NE1/4 OF SEC 33 TWP 32 RGE 24 DESC AS FOL: COM AT El/4 COR OF SD SEC 33 TH S 88 DEG 56 MIN 30 SEC W ALG S LINE OF NEI/4 OF SD SEC 33, 1808.12 FT TO INTER OF C/L OF CSAH NO 18 TH N 2 DEG 36 MIN 30 SEC E ALG SD C/L 130.18 FT TH NELY ON SD CIL & ON A TAN CUR CONC TO SE HAV A RADIUS OF 583.95 FT, 18.25 FT TO ACT POB OF TRACT OF LAND TO BE DESC: TH CONT NELY ON SD C/L & CUR 256.57 FT TH N 29 DEG 34 MIN 25 SEC E ALG SD C/L & TAN TO SD CUR 7.31 FT TH N 63 DEG 38 MIN 40 SEC W 281.14 FT TH S 29 DEG 16 MIN 50 SEC W 257.18 FT TH S 63 DEG 22 MIN 30 SEC E 335.29 FT TO ACT POB, EX RD SUBJ TO EASE OF REC 2. The findings for the rezoning are that the property is located within the Metropolitan Urban Service Area and also has the ability to be served by City of Andover municipal services. Times and conditions have changed with the dissolution of the LB: Limited Business zoning district to rezone the property to NB: Neighborhood Business and match the zoning of the subject properties to surrounding commercial properties. 3. All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 19th day of April, 2022. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor C I T Y O F e1q) NDOVE^ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor & Councilmembers CC: Jim Dickinson, City Adminis to Joe Janish, Community Develop t 1 ectorq FROM: Jake Griffiths, Associate Planner SUBJECT: Consider Rezoning Request — Rezone Properties from R-5: Manufactured Housing to R-4: Single Family Urban — Parcel ID Numbers 30-32-24-41-0003 and 29-32- 24-32-0011 —City of Andover (Applicant) -Planning DATE: April 19, 2022 DISCUSSION As part of the update to the Title 12: Zoning Regulations reviewed during a previous agenda item, there was a substantial reorganization of many of the residential zoning districts in order to better align with the Comprehensive Plan. One of these amendments was to the R-5 zoning district which was changed from R-5: Manufactured Housing to R-5: Single Family Medium - Low Density. In response, City staff has evaluated any properties currently zoned R-5 to see if it still makes sense to keep them in the R-5 zoning district. At this time there are only two properties zoned R-5 and they are substantially unbuildable land covered with wetlands and floodplain. City staff is proposing to rezone the subject properties from R-5: Manufactured Housing to R-4: Single Family Urban as times and conditions have changed with the amendments to the R-5 zoning district and adoption of Minnesota State Statute § 462.357, Subd. I b, which allows for manufactured home parks as a conditional use in all multi- family zoning districts. The proposed zoning of R-4: Single Family Urban will be consistent with the surrounding residential neighborhoods in the area. No change in use is to the property is proposed. Current Zoning Map Proposed Zoning Map Planning & Zoning Commission Review The Planning & Zoning Commission held a public hearing on the rezoning request at their April 12, 2022 meeting. No public comments were received as part of the public hearing, however, one written comment was received prior to the meeting. A copy of this comment is attached. The Commission had a brief discussion where they asked staff to elaborate on the development potential of the subject properties. Staff responded that wetlands encompass nearly the entirety of the subject properties and have little to no development potential. Staff also responded that these properties are protected through the Wetland Conservation Act as well as floodplain regulations. In response to the public comment, the Commission also asked staff to explain the process by which the subject properties could be turned into parkland or a nature preserve. Staff responded that in order for this to occur the City would either need to purchase the properties from the current owner, or the owner would need to donate the land to the City and the City Council would need to accept their donation. In either case, the potential for the subject properties to become parkland or a nature preserve has no relation to the rezoning request. After discussion, the Commission recommended approval of the rezoning request (6 -yes, 0 -no, 1 -absent). ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the rezoning request. Respectfully submitted, 5J�akeffithsAG%�'" Associate Planner Attachments Draft Resolution of Approval Copy of Public Comments Received CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE XXX AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as follows: 1. The zoning designation of the following parcels is hereby amended from R-5: Manufactured Housing to R-4: Single Family Urban: Parcel A (PID# 30-32-24-41-0003): THAT PRT OF NEI/4 OF SETA OF SEC 30 TWP 32 RGE 24 LYG ELY OF PRT PLATTED AS THE MEADOWS OF ROUND LAKE, SUBJ TO EASE OF REC Parcel B (PID# 29-32-24-32-0011): THE NW1/4 OF SW1/4 OF SEC 29 TWP 32 RGE 24, EX PRTS PLATTED AS SHIRLEYS ESTATES & THE MEADOWS OF ROUND LAKE, SUBJ TO EASE OF REC 2. The findings for the rezoning are that times and conditions have changed with the amendments to the R-5 zoning district and the adoption of Minnesota State Statute § 462.357, Subd. lb, which allows for manufactured home parks as a conditional use in all multi -family zoning districts. 3. All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 19th day of April, 2022. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor April 4, 2022 To: City of Andover, Minnesota Mayor Sheri Bukkila Planning Commission Chair Bert Koehler and Vice Chair Karen Godfrey From: Andrew Andrusko and neighbors on 145`" Ave NW 4044145`h Ave NW Andover, MN 55304 RE: Public Hearing City of Andover Rezoning on Parcels 30-32-24-41-0003, 29-32-24-32-0011, 29-32-24- 33-0049, 30-32-24-44-0001 and 29-32-24-33-0049 Dear City Officials, On behalf of neighbors in the Meadows of Round Lake Neighborhood, I am writing to you regarding the letters we received from the city concerning the public hearing for the rezoning of Anoka County Parcels 30-32-24-41-0003, 29-32-24-32-0011, 29-32-24-33-0049, 30-32-24-44-0001 and 29-32-24-33-0049. We understand that the city has applied to rezone these parcels on behalf of the current owner LGA Andover LLC in a voluntary action and that this relates to updates to the City's Code as well as the proposed development at the corner of Seventh Avenue Northwest and Bunker Lake Boulevard. We strongly recommend to city officials that these parcels should not be rezoned to R-4 Single Family Urban as this does not make practical sense. These wetlands as noted in the City's letter are undevelopable for several important reasons that include the existing natural resources and water resources including the connection to the Lower Rum River Watershed. We know that filling in and developing swamps, open waters and wetlands are harmful and have a negative impact on the environment. In general it seems the city is inconsistent as to what is planned or going to happen to these parcels in various official documents. As noted on the currently published future City Land Use Map parcels 30-32- 24-41-0003 and 29-32-24-32-0011 are identified as Open Water, while on page 7 of the Adopted Land Use Plan these parcels are shown as simply undeveloped land as opposed to water or park, recreational or preserve. Additionally, parcels 30-32-24-44-0001 and 29-32-24-33-0049 are shown as transitional residential and Urban Residential Medium Low. This is also inconsistent, confusing and doesn't make much rational sense. Each of these parcels should be zoned and planned for future land use the same as they are all part of one singular wetland and open water body. These parcels are also not shown on the old Open Spaces Sites Map from the City of Andover Open Space Advisory Committee. We recommend that these parcels should be zoned either using the existing City Zoning code for General Recreation or a new zone created by the Planning Commission to notate land that is not intended to communicate residential development in lieu of the important natural resources. In addition, the future land use should be designated by the city as Open Space and shown in the Generalized Land Use Map as Park, Recreational or Preserve (emphasizing preserve). We also recommend that the City consider acquiring these parcels as was done with Pleasant Oaks parkland on the Round Lake side of the neighborhood when it was dedicated as part of the development. Currently LGA Andover, LLC and the owners of these parcels pay very small amounts of property taxes and as noted in the city's letter these parcels are undevelopable under environmental law and existing conditions. We are aware that the Aztec Estates Homeowners would also support many of these recommendations. Finally, we also suggest that the city include these parcels, natural preserve wetlands as part of the Parks and Open Space Plan of the City Comprehensive Plan in the future. It is unclear to us why they are currently missing from the plan but it seems like something that should be amended into the plan to align with the real planned land uses for these parcels. Thank you for time and consideration. CITY OF ��. NDov� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: April 19, 2022 Administration & 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.