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CC - December 20, 2022
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, December 20, 2022 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/22/22 Workshop; 11/22/22 Closed; 12/6/22 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Adopt 2023 Fee Ordinance — Finance 4. Adopt URHL/Mixed Use Comprehensive Plan Amendment — Planning 5. Approve 2022 Designated Contract Process (DCP) Agreement for LPA Approval — Engineering 6. Order Feasibility Report/23-17/23-17/Full Depth Reclamation —Engineering 7. Order Feasibility Report/23-11A Through 23-11J/2023 Mill & Overlay, 23-15/PPrairie Road Mill & Overlay and 23-16/Andover Boulevard — Engineering 8. Approve Cost -of -Living Wage Adjustment for All Employees —Administration 9. Approve Donations for 2023 Senior Class Events — Administration 10. Receive November 2022 City Investment Reports —Administration 11. Receive November 2022 General Fund Budget Report — Administration 12. Receive November 2022 Andover Community Center Update —Administration 13. Approve 2023 Polling Locations —Administration 14. Approve 2023 Liquor Licenses — Administration 15. Approve 2023 Tobacco Licenses —Administration 16. Approve 2023 Massage Therapy License — Administration 17. Approve 2023 Used Vehicle Sales License—Administration Discussion Items 18. Anoka County Sheriff's Office Monthly Report — Sheriff 19. Consider a Conditional Use Permit (CUP) Amendment to amend the Petersen Farms Planned Unit Development to incorporate the third phase of the Petersen Farms development which will be known as Legacy at Petersen Farms. (Applicant — JD Andover Holdings) — Planning 20. Consider Tobacco Ordinance Amendments & Administrative Hearing Ordinance —Administration Staff Items 21. Administrator's Report —Administration Mayor/Council Input Adjournment A C I T Y 0 NLbD 0 V E F^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrato FROM: Michelle Harmer, Deputy City Clerk SUBJECT: Approval of Minutes DATE: December 20, 2022 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: November 22, 2022 Workshop November 22, 2022 Closed December 6, 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 ANDOVER CITY COUNCIL WORKSHOP MEETING —NOVEMBER 22, 2022 7 MINUTES 8 9 The Workshop Meeting of the Andover City Council was called; to order by Mayor Sheri Bukkila, 10 November 22, 2022 at 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 11 Minnesota. 12 13 Councilmembers present: Jamie Barthel, Ted Butler, and Randy Nelson 14 15 Councilmember absent: Valerie Holthus 16 17 Also present: City Administrator, Jim Dickinson 18 Public Works Director/City Engineer, David Berkowitz 19 Assistant City Engineer, Jason Law 20 Community Development Director, Joe Janish 21 Human Resources Manager, Dana Makinen 22 Others,. 23 24 DISCUSS NIGHTINGALE VILLAS DEVELOPMENT STORM WATER DESIGN 25 26 The Council is requested to discuss the Nightingale Villas stormwater design as requested by a 27 resident. Staff and representatives from Coon Creek Watershed District have reviewed the design 28 and will answer questions. Mr. Law explained the regulatory process of stormwater design and the 29 City's review of new developments. Mr. Law explained the review and approval processes the 30 developer went through. He stated the developer included a stormwater plan which was reviewed by 31 the City and the Coon Creek Watershed District. Mr. Law stated there can be no net increase in 32 stormwater discharge allowed off site from pre -development conditions. He indicated this 33 requirement was met by the developer and approved by the City and Coon Creek Watershed District. 34 35 Mr. Law explained the developer went through a verification process to ensure they weren't sending 36 additional water off site. He presented existing conditions showing stormwater drainage pre - 37 development. Mr. Law stated the City required the developer to design for back-to-back 100 -year 38 storm events. He showed a picture of how the project impacts Ms. Ganske's property and explained 39 the stormwater sent to her property was reduced post development. He stated the only way water will 40 discharge to her property from the northwest pond is if the 100 -year storm event is exceeded. Mr. 41 Law stated the design infiltration rate for the northwest pond is .8 inches per hour. The developer Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 2 1 was required to test the infiltration pond to make sure the requirement was met, and the rate was 9 to 2 21 inches per hour. 3 4 Councilmember Nelson asked what type of event would cause the pond to overflow. Mr. Berkowitz 5 stated it would have to be over the 100 -year storm event, over 7 inches of rain in 24 hours. Mr. Law 6 explained it would take around 10 inches of rain in 24 hours before water would leave the northwest 7 pond thru the culvert. He noted the culvert allows runoff from extreme events to drain slowly out of 8 the culvert instead of overflowing the berm and a potential berm failure. Mr. Berkowitz stated 9 engineers are very conservative with stormwater drainage design and the goal is to protect the 10 structures and improve groundwater. 11 12 Mr. Tim Kelly, Coon Creek Watershed District, stated Andover has an advantage because it is a 13 newer community and has the benefit of modern stormwater design. He stated maintenance of 14 stormwater ponds is critical, so they continue to operate as designed. 15 16 Rhonda Ganske, 2159 153`a Lane NW, came forward and stated Andover has gotten a lot of 17 developments and has never put in an infiltration pond with an outflow culvert emptying onto private 18 property. She stated the City Code and Coon Creek Watershed District rules indicate water must be 19 routed to a public drainage system. Ms. Ganske stated the City and Watershed are violating their own 20 rules. 21 22 Mr. Kelly stated eventually, all water will end up in Coon Creek. He briefly explained the history of 23 stormwater, ditches, and how the Watershed District protects infrastructure. Mr. Kelly stated the 24 developer must show how water will get to Coon Creek. Mr. Kelly stated they check for pre - 25 development conditions and post development. 26 27 Ms. Ganske asked if the emergency overflow could be routed to the existing pond on the south, in 28 Woodland Estates. Mr. Law explained the Woodland Estates system was designed before the new 29 Atlas 14 requirements and to handle a smaller water standard. He stated routing additional water to 30 that pond could be detrimental to the system. Mr. Berkowitz stated the water has the right to go the 31 direction it went pre -development compared to post development. 32 33 Jan Schendel, 2170 1541h Lane NW, came forward and said no one consulted her about the 34 development and water with pesticides going on to her property. She said she has been taxed in 35 Andover for over 30 years and no one asked if she was okay with the development going in. Ms. 36 Schendel stated she does not give the City permission to send water onto her property. She does not 37 want the City to trample on her property rights. 38 Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 3 1 Mayor Bukkila asked staff to address the filtration of water on the development. Mr. Law stated the 2 storm sewer picks up all the water from the street and half of the water from roof tops and flows to 3 the southwest infiltration basin. The basin is designed to treat stormwater to take the pollutants out 4 and recharge the groundwater. Mr. Law explained if the pond on the north was not constructed, the 5 water would run off into Ms. Ganske's property without any treatment. Mr. Law stated all the 6 stormwater coming from the development is getting treated in the infiltration ponds. He said if there 7 is a 500 -year storm event, there will be water coming out of the northwest pond culvert, but there will 8 be problems citywide. 9 10 Councilmember Butler asked if the pond lessened the water volume and better metered the discharge 11 time. Mr. Kelly stated that is exactly what infiltration ponds are for. Councilmember Butler stated 12 there is not an increase in water being redirected post -development onto Ms. Ganske's and Ms. 13 Schendel's property. 14 15 Councilmember Barthel stated pre -development, all the water rolled onto Ms. Ganske's property. 16 Councilmember Butler stated they are talking about rare events that generate water to make it flood. 17 Councilmember Barthel stated only with a large rain event will Ms. Ganske see water coming out of 18 the culvert. Mr. Law stated the design exceeds the requirement and Ms. Ganske will see less water 19 than pre -development. 20 21 Ms. Schendel stated she feels there will be a different quality of water with the development. She 22 doesn't like the precedent the Council is setting to tread on people's property rights. She stated she 23 does not give her permission for her property to be changed because of a development. 24 25 Councilmember Butler stated the City and the Watershed are trying to make sure the water is managed 26 properly in a way the system can handle and protects property and structures. Mr. Berkowitz stated 27 the keys to stormwater design are treatment, volume, and protection. He explained the design meets 28 the requirements and the chance of water going onto Ms. Ganske's and Ms. Schendel's property is 29 very slim. 30 31 Mayor Bukkila asked how the culvert impacts storm events. Mr. Kelly stated the culvert protects the 32 pond and Ms. Ganske's property by armoring, controlling, and routing the runoff. He stated without 33 the culvert, the bank would be eroded, and the pond berm could fail. Mayor Bukkila stated the culvert 34 reduces the water flow rate and erosion in a short period of time. 35 36 Mr. Berkowitz explained the design criteria has been met and the goal is to not adversely affect the 37 downstream property. He stated that is why there is treatment, volume control, and protection of 38 structures so they won't flood in a catastrophic event. Mr. Kelly stated the Council is allowing the Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 4 1 property owner to develop their property under the zoning ordinance without adversely affecting 2 adjacent property owners. 3 4 Ms. Ganske stated she is disappointed that the City allows the culvert and overflow to go into a private 5 backyard. She asked if she developed her land, will the developer do the same thing to her neighbor. 6 Councilmember Butler stated the developer cannot adversely affect Ms. Schendel's property. He 7 stated he understands that this was not what Ms. Ganske expected. He stated it was done to protect 8 the development and the surrounding properties. 9 10 Ms. Schendel stated Ms. Ganske is going to have more toxic runoff with the development. Mr. Kelly 11 stated research has shown the primary source of toxic material would be an old farm site that was 12 using toxic material. Ms. Schendel asked if fertilizers and lawn chemicals affect water quality. Mr. 13 Kelly stated most people use phosphorus, nitrogen, and potassium. He stated phosphorus is not 14 needed in Minnesota because it naturally is present. He explained nitrogen is used 15 16 Ms. Ganske stated additional water in her backyard increases the probability of her septic system 17 failing. Mayor Bukkila explained the amount of water going into Ms. Ganske's backyard is not 18 increasing due to the development. 19 20 Ms. Ganske stated she felt the City took advantage because the sketch plan showed one pond and 21 when she showed the picture of her flooded backyard, the City required an additional pond directed 22 at her property. 23 24 Mr. Dickinson stated the system has been designed to exceed regulatory standards and water runoff 25 is the same or slightly lower than pre -development. He stated making impacts to the current 26 infrastructure like removing the overflow would place the City in noncompliance and staff do not 27 recommend that path. 28 29 Mayor Bukkila stated she is thankful for the discussion and the good information. Councilmember 30 Barthel stated the Council sees all the things the City and Coon Creek Watershed did to make Ms. 31 Ganske's property less impacted than before. He stated she is the same or better than before. 32 Councilmember Barthel stated the City can communicate better with residents that a culvert is only 33 going to be used in a 200 -year event. Mr. Berkowitz stated almost every development has an 34 overflow. 35 36 Mayor Bukkila recessed the meeting at 7:23 p.m. The Council reconvened at 7:35 p.m. 37 Andover City Council Workshop Meeting Minutes —November 22, 2022 Page 5 1 DISCUSS GREY OAKS DEVELOPMENT MILL AND OVERLAYASSESSMENT METHOD 2 3 The City Council is requested to discuss the assessment method for Grey Oaks and provide direction 4 to staff on how to proceed. Mr. Berkowitz stated Grey Oaks contains apartment buildings and staff 5 recommends assessing the properties per unit. Mr. Berkowitz stated Arbor Oaks has 50 regular units 6 and 21 additional memory care units. He explained the City can assess the 50 regular units or assess 7 the full 71 units. Mr. Berkowitz recommended assessing 71 units because staff are required to operate 8 the memory units. He stated the assessment per unit, if the 71 units are included, is $310. If the 9 memory care units are removed, the assessment will be $330 per unit. 10 11 Councilmember Nelson stated residents of the 21 memory care units are not driving. Mr. Berkowitz 12 stated staff are required to care for residents and create trips. 13 14 Mayor Bukkila stated she doesn't want to microscope the occupants of a building, but to look at the 15 footprint. She explained the footprint of a single-family home is much larger than a condo. Mayor 16 Bukkila stated there is a higher traffic count to the apartment complex than to a single-family home. 17 18 Councilmember Butler stated he likes the unit assessment rather than front footage. Councilmember 19 Barthel stated he supports the unit assessment and including the 21 memory care units. 20 21 The Council reached consensus to assess the project per unit including the 21 memory care units. 22 23 DISCUSS COMMERCIAL RECREATION CONCEPT 24 25 The City Council is requested to discuss the potential rezoning of a property from residential to 26 commercial so a commercial recreation facility can operate. Mr. Janish stated Jess and Billy Evers 27 are looking to open a sports facility in Andover. Staff has identified the property referred to as Prairie 28 Oak Church as a possible site. Mr. Janish stated the Evers would like to purchase the property, build 29 3 or more basketball courts, allow for volleyball, and construct a dome with turf. He stated the site is 30 in a residential zone and will need to be rezoned. Mr. Janish explained the Comprehensive Plan will 31 need to be amended with a 4/5 vote. 32 33 Councilmember Nelson asked if all the churches in Andover are zoned residential R-1. Mr. Janish 34 stated some are zoned R-4, but most are zoned R-1. 35 36 Mr. Evers stated they don't want to pursue the site if the City has no support of the concept. 37 38 Councilmember Nelson asked if they were looking at purchasing the entire 40 acres. Ms. Evers 39 responded they are. Councilmember Nelson asked if they conducted a market analysis and if there Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 6 1 is a demand. Ms. Evers responded they did conduct a market analysis and their program is growing. 2 3 Mr. Evers stated there is not enough gym space and Andover residents have to travel to other cities 4 to practice and play. 5 6 Mayor Bukkila stated once the property is rezoned, another user can come in and have impacts on 7 traffic. Mr. Janish stated staff has identified a specific zoning classification yet, but as they go through 8 the process, one will be selected. 9 10 Mr. Janish stated an option is to allow a commercial recreation operation in a residential district 11 through a Conditional Use Permit. He said a CUP would allow the City to have the applicant conduct 12 traffic studies, however, the CUP would open other residential areas to a commercial recreation 13 facility. 14 15 Mayor Bukkila stated she is not on board at this moment in time. Councilmember Butler stated he is 16 open to the discussion and sees community demand for the facility. 17 18 Councilmember Nelson stated traffic would increase if a business was there. Mr. Janish explained 19 the site is on two County roads. 20 21 Councilmember Barthel stated the intersection is busy and he can see the site becoming commercial. 22 He is open to rezoning it commercial but does not want it to be industrial. 23 24 Mr. Janish stated the Council can rezone part of the property commercial and leave some as 25 residential. 26 27 Councilmember Nelson stated he is open for more discussion. 28 29 Mr. Evers stated the parcel is 40 acres, however, half of it is not buildable. Mr. Janish showed an 30 aerial identifying wetland and upland. 31 32 Mayor Bukkila stated she can see general business but is unsure about a destination point. 33 34 The majority of the Council supported continued discussions. 35 36 2023 BUDGETDISCUSSION 37 38 The City Council is requested to continue discussion on the 2023 Budget. Administration is looking 39 for City Council direction as the final preparation steps for the December 6, 2022 Budget/Levy 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 Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 7 hearing. Mr. Dickinson stated staff are not asking for additional positions. He said the Fire Department duty crew situation is improving. Mr. Dickinson explained the City is focusing on retaining employees through cross -training, work culture, and flexibility. Mr. Dickinson stated the Public Works Union negotiated a 2.75% COLA and staff are proposing a 3.25% COLA which would increase the budget by $25,000. Ms. Makinen stated the highest salary is probably the most out of line with the market. She said the Governor raised the salary cap by 7.7%. She stated the City is at 95% or less of the market value. Ms. Makinen stated the City is losing employees to cities out of the metro. Mayor Bukkila asked for more detail and would like to look at the difference between salaries and benefit packages. She asked Ms. Makinen to conduct research and compare the salary and benefit packages with other cities to use in future budgets. Mayor Bukkila asked if the savings on health insurance can be used to fund the increase in COLA. Mr. Dickinson said yes. Mr. Dickinson stated there are few new people looking at local government for employment. Councilmember Butler stated if an additional half percent helps retain staff, then he supports 3.25%. He would like to look at the job classifications and identify where the City is behind market. Mayor Bukkila stated new employees take about a year to get on board and start being creative. She said there is a cost of losing senior employees and would like to see smoother succession training. The City Council reached consensus for a 3.25% COLA. Mr. Dickinson reviewed the charts and information he will share at the December 6`h meeting with the public. OCTOBER 2022 COMMUNITY CENTER UPDATE The City Council is requested to receive an update on the Community Center for the month of October. Mr. Dickinson highlighted events at the Community Center in October. He stated events went well and he received many compliments on the facility and staff. Mr. Dickinson noted the Community Center is having issues with the behavior of children. They plan on bringing in Sheriff's staff and giving Eric Sutherland the authority to deny groups who do not meet standard behavior. Mr. Dickinson stated reviewed Sheriffs calls for service to the Community Center and will bring more detail to the Council at a future workshop. 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 Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 8 OCTOBER 2022 GENERAL FUND B UDGET PROGRESS REPORT The City Council is requested to receive the General Fund Budget progress report for the month of October. OCTOBER 2022 CITYINVESTMENT REPORT The City Council is requested to receive the October 2022 City Investment Report. OTHER BUSINESS Councilmember Nelson asked if the City could apply for the Community Development Block Grant again. Mr. Dickinson stated they plan on applying for it to address water issues. Mayor Bukkila stated the City received a complaint about at -large animals. She said she was under the impression that the Sheriffs Department sent information on those calls to the City but was informed the City only gets the bite calls. Mr. Dickinson stated the City gets bite calls more quickly and nuisance calls come over more sporadically. Mayor Bukkila requested the information come to the City more quickly. Mr. Dickinson stated he is getting the report but will look into it. CLOSED SESSION— CITYADMINISTRA TOR PERFORMANCE REVIEW Mayor Bukkila recessed the City Council Workshop to a closed session at 8:44 p.m. The City Council reconvened at 9:00 p.m. ADJOURNMENT Motion by Butler, Seconded by Barthel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Shari Kunza, Recording Secretary 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 REGULAR ANDOVER CITY COUNCIL MEETING —DECEMBER 6, 2022 MINUTES The Regular Bi -Monthly Meeting of the Andover City Bukkila, December 6, 2022, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: PLEDGE OF No one was present AGENDA APPROVAL Motion by N unanimously. APPROVAL OF Jamie Barthel, Ted Butl None City Administrator, Jim City Attorney, Scott Bai called to order by Mayor Sheri X85 Crosstown Boulevard NW, , Randy Nelson,_ and Valerie Holthus , to approve the Agenda as presented. Motion carries November 15, 2022 Regular Meeting Minutes Motion by Barthel, Seconded by Nelson, to approve the November 15, 2022 Regular Meeting minutes as presented. Motion carries unanimously. Regular Andover City Council Meeting Minutes — December 6, 2022 Page 2 1 CONSENT ITEMS 2 3 Item 2 Approve Payment of Claims 4 Item 3 Accept Feasibility Report/Order Public Hearing/21-39/161' Ave. NW & Tulip St. 5 NW/Street Reconstruction (See Resolution R088-22) 6 Item 4 Approve Change Order #1/22-18, Pine Hills North & South Parking Lot Paving and 22- 7 22, Dog Park Parking Lot & Trail Paving (See Resolution R089-22) 8 Item 5 Approve Lease Agreement Summary - Connexus Energy 9 Item 6 Accept Contribution/Andover Lions Club Inc./Andover Community Center (See 10 Resolution R090-22) 11 Item 7 Approve City Administrator Review 12 Item 8 Approve 2023 Tobacco Licenses 13 Item 9 Approve 2023 Liquor Licenses 14 Item 10 Approve 2023 Kennel Licenses 15 Item 11 Approve 2023 Massage Therapy Licenses 16 Item 12 Approve 2023 Used Vehicle Sale Licenses 17 Item 13 Approve 2023 Contract/TimeSaver Secretarial Service 18 Item 14 Approve Application for Exempt Permit 19 20 Motion by Nelson, Seconded by Barthel, to approve the Consent Agenda as read. Motion carries 21 unanimously. 22 23 PUBLIC HEARING — 2023 PROPERTY TAX LEVYAND 2023 BUDGET 24 25 The City Council is requested to hold a Public Hearing on the 2023 Property Tax Levy and Budget 26 giving residents the opportunity to comment. City Administrator Dickinson presented background 27 information on the formation of the budget. He explained the City is proposing a property tax levy 28 of $17,073,084. He explained that due to the rise in property values, the City's tax rate will 29 decrease by 14.40% but the gross tax levy will increase by 6%. Mr. Dickinson reviewed budget 30 guidelines and Council goals. 31 32 Mr. Dickinson explained property taxes go to the City, County, School Districts, and Special 33 Taxing Districts. He noted 80% of the City's revenue comes from property taxes. Mr. Dickinson 34 stated 43% of the budget goes to Public Safety, 29% to Public Works, and 27% to General 35 Government. Mr. Dickinson stated the budget funds current operations, does not include any new 36 positions, funds road improvements and maintains infrastructure. 37 38 Motion by Butler, Seconded by Nelson, to open the Public Meeting at 7:25 p.m. Motion carries 39 unanimously. Regular Andover City Council Meeting Minutes — December 6, 2022 Page 3 1 No one came forward for the Public Hearing. 2 3 Motion by Barthel, Seconded by Nelson, to close the Public Hearing at 7:25 p.m. Motion carries 4 unanimously. 5 6 Motion by Barthel, Seconded by Nelson, adopt Resolution R091-22, adopting the City of Andover 7 2023 Budget and 2023 Property Tax Levy to be Certified to the County Auditor. Motion carries 8 unanimously. 9 10 Mayor Bukkila thanked Mr. Dickinson and staff for their efforts putting the budget together. She 11 explained the Council has spent many meetings working on the budget. Mr. Dickinson stated staff 12 and Council started working on the budget in March. 13 14 REVIEW/ADOPT 2023 DEBT SERVICE LEVY CHANGES 15 16 The City Council is requested to review and adopt the 2023 Debt Service Levy changes. City 17 Administrator Dickinson stated the Anoka County Property Records and Taxation Division 18 requires a City Council resolution changing bonded indebtedness levies for 2023 that would have 19 been certified to Anoka County as part of prior years' bond sales. He announced the Debt Service 20 Levy is current and up to date with County records. 21 22 Motion: by Butler, Seconded by Nelson, to adopt Resolution No. R092-22 updating Certified 23 Bonded Indebtedness for 2023. Motion carries unanimously. 24 25 CONSIDER RESOLUTION OF THE CITY OF ANDOVER IN SUPPORT OF ANOKA 26 COUNTYJOINTLAWENFORCEMENTCOUNCIL'SRENEWALOFLEGISLATIONFOR 27 FUTURE PUBLIC SAFETYPROJECTS 28 29 The City Council is requested to consider a resolution in support of Anoka County Joint Law 30 Enforcement Council's Renewal of Legislation for Future Public Safety Projects. City 31 Administrator Dickinson stated a levy will expire in 2023 and there is interest in extending it. 32 Mayor Bukkila stated there are no projects slated for the levy, however, the Joint Law Enforcement 33 Council is looking into items that benefit the entire County. She stated she is in full support of the 34 levy. Mayor Bukkila explained the County requested the line item be moved from under their 35 portion of property tax statements and listed under special tax districts. Councilmember Butler 36 stated he supports the levy but does not support the location of the item on property tax statements. 37 Mayor Bukkila stated the intent is to show support for the levy and not where it is placed. 38 Regular Andover City Council Meeting Minutes — December 6, 2022 Page 4 1 Motion: by Nelson, Seconded by Barthel, to adopt Resolution No. R093-22 supporting Anoka 2 County Joint Law Enforcement Council's Renewal of Legislation for Future Public Safety 3 Projects. Motion carries unanimously. 4 5 DISCUSS/REVIEW TOBACCO ORDINANCE 6 7 The City Council is asked to review the draft ordinance, receive a brief presentation, and provide 8 direction to staff relative to the next steps the City of Andover should undertake related to the Sale 9 of Tobacco Related Products. City Administrator Dickinson explained the City has discussed this 10 item at three workshops and staff have incorporated that input into the ordinance. He stated the 11 goal is to adopt the ordinance at the last meeting in December. Mr. Dickinson summarized the 12 changes and the Administrative Hearing Process. 13 14 City Attorney Baumgartner recommended having a separate section in City Code on the 15 Administrative Hearing Process so that any other City license/code that mentions an 16 Administrative Hearing can refer to Chapter 3 instead of repeating it throughout Code. 17 18 Councilmember Nelson thanked Mr. Baumgartner for the questions he has asked and the updated 19 Ordinance, reflecting the wants of the residents. 20 21 Councilmember Butler asked for clarification about Section 3-2-3 and if it allows the City Council 22 for discretion to not renew a license if an establishment had violations. Mr. Baumgartner stated 23 when the City has reached the cap and there is a new applicant, the City can issue the license to an 24 existing applicant if there haven't been any violations. He stated it supports existing good 25 businesses and allows the Council to deny a license if the applicant has violations. 26 27 Mayor Bukkila commented that the Council increased administrative penalty fines. She explained 28 this puts pressure on the establishment to have better screening of customers and staff training. 29 Mr. Baumgartner stated it is pro -active and holds the establishment accountable. He stated the City 30 welcomes businesses and requests they be responsible business owners. He pointed out the 31 suspension periods added to the penalty. 32 33 Mayor Bukkila stated the Administrative Hearing process is much more expedient than going to 34 District Court. Mr. Baumgartner explained the appeals process gives the Council the last word 35 before it goes to the District Court. 36 37 Councilmember Butler stated the vast majority of tobacco businesses have been operating 38 responsibly but there has been a situation where a business had multiple violations which prompted Regular Andover City Council Meeting Minutes —December 6, 2022 Page 5 1 the change in the ordinance. 2 3 Mr. Baumgartner asked if the Council wanted to adopt the Administrative Hearing Ordinance as a 4 separate section of the City Code. The Council reached consensus to adopt the Administrative 5 Hearing Ordinance. 6 7 ADMINISTRATOR'S REPORT 8 9 City Staff updated the Council on the administration and city department activities, legislative 10 updates, updates on development/CIP projects, and meeting reminders/community events. 11 12 (Administration) Mr. Dickinson stated Administration has been working on the budget and 13 gathering info relative to the Red Oaks neighborhood. The City has been working with the MPCA 14 and the MPCA will be sending out a newsletter to the neighborhood with updates. The City is 15 working on year-end items. Mr. Dickinson updated the Council on development projects. The 16 City has 100 new single home permits year to date. Public Works is working on 2023 projects. He 17 stated the City and Anoka County applied for funding for roundabouts and 4 roundabouts have 18 been approved with funding. Mr. Dickinson stated the Fire Department is recruiting new 19 firefighters. 20 21 Mayor Bukkila asked Mr. Dickinson to share information about recruiting firefighters so they can 22 share it throughout the community. 23 24 Mayor Bukkila stated people either love or hate roundabouts. She explained the major 25 intersections in Andover are County roads with high speeds. She stated pedestrian crossings at 26 those intersections is dangerous and expensive. Mayor Bukkila noted roundabouts slow down 27 traffic and allows for safe pedestrian crossing. She appreciated the effort to secure the grants. 28 29 Councilmember Barthel asked how the roundabout on Prairie Road was being funded. Mr. 30 Dickinson stated it is funded by the developer. 31 32 Councilmember Barthel asked when would ground break happen for the Red Oaks neighborhood 33 if the City received emergency funding in February. Mr. Dickinson stated best case scenario is 34 October and if the State doesn't approve funding until May, it will be a 2024 project. 35 36 Councilmember Holthus asked how many families in Red Oaks neighborhood still have bottled 37 water. Mr. Dickinson did not know the exact number but added that three additional homes now 38 require bottled water. Councilmember Holthus asked if the City was providing water to those Regular Andover City Council Meeting Minutes —December 6, 2022 Page 6 1 homes. Mr. Dickinson explained the State is funding the bottled water. He noted the MPCA is 2 investigating the source of contamination and that has not yet been identified. Mr. Dickinson 3 explained they are testing north and south of Bunker Lake Boulevard and the results have not been 4 provided. 5 6 MAYOR/COUNCIL INPUT 7 8 (Post Election Review) Councilmember Nelson observed the post-election review at the Anoka 9 County Government Center. He stated the Secretary of State, County Commissioners, and the 10 media were present. He commended Michelle Hartner, the Deputy City Clerk, for the review. 11 12 ADJOURNMENT 13 14 Motion by Barthel, Seconded by Nelson, to adjourn. Motion carries unanimously. The meeting 15 adjourned at 8:12 p.m. 16 17 18 Respectfully submitted, 19 20 21 22 Shari Kunza, Recording Secretary 23 TimeSaver Off Site Secretarial, Inc. 24 Regular Andover City Council Meeting Minutes—December 6, 2022 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — DECEMBER 6, 2022 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item2 Approve Payment of Claims............................................................................................ 2 Item 3 Accept Feasibility Report/Order Public Hearing/21-39/161' Ave. NW & Tulip St. NW/Street Reconstruction(R088-22).............................................................................. 2 Item 4 Approve Change Order #1/22-18, Pine Hills North & South Parking Lot Paving and 22- 22, Dog Park Parking Lot & Trail Paving(R089-22)...................................................... 2 Item 5 Approve Lease Agreement Summary - Connexus Energy .............................................. 2 Item 6 Accept Contribution/Andover Lions Club Inc./Andover Community Center (R090-22) 2 Item 7 Approve City Administrator Review............................................................................... 2 Item 8 Approve 2023 Tobacco Licenses..................................................................................... 2 Item 9 Approve 2023 Liquor Licenses........................................................................................ 2 Item 10 Approve 2023 Kennel Licenses....................................................................................... 2 Item 11 Approve 2023 Massage Therapy Licenses...................................................................... 2 Item 12 Approve 2023 Used Vehicle Sale Licenses..................................................................... 2 Item 13 Approve 2023 Contract/TimeSaver Secretarial Service .................................................. 2 Item 14 Approve Application for Exempt Permit......................................................................... 2 PUBLIC HEARING — 2023 PROPERTY TAX LEVY AND 2023 BUDGET (R091-22) ........... 2 REVIEW/ADOPT 2023 DEBT SERVICE LEVY CHANGES (R092-22) ................................... 3 CONSIDER RESOLUTION OF THE CITY OF ANDOVER IN SUPPORT OF ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL'S RENEWAL OF LEGISLATION FOR FUTURE PUBLIC SAFETY PROJECTS (R093-22) ................. 3 DISCUSS/REVIEW TOBACCO ORDINANCE........................................................................... 4 ADMINISTRATOR'S REPORT.................................................................................................... 5 (Administration).............................................................................................................................. 5 (Post -Election Review)................................................................................................................... 6 A N C I T Y 0 F N DOO VqE 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: December 20, 2022 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. Claims totaling $303,014.04 on disbursement edit list #1-4 from 12/09/2022 to 12/16/22 have been issued and released. Claims totaling $856,161.96 on disbursement edit list #5 dated 12/20/2022 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 $1,159,176.00. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 12/07/2022 - 10:IOAM Batch: 00404.12.2022 Invoice No Description Vendor: OpmmBan Opmm Bank HSA 2022 2022 Employer HSA Contribution - Joshua Bush Check Total: Total for Check Run: Total of Number of Checks: Amount Payment Date Acct Number Check Sequence: 1 3,250.00 12/09/2022 0101-43100-60310 3,250.00 3,250.00 L Reference ACH Enabled: False AP -Computer Check Proof List by Vendor (12/07/2022 - 10:10 An Page 1 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 12/08/2022 - 9:40AM Batch: 00407.12.2022 Invoice No Description Amount Payment Date Acct Number Reference Vendor: WellsFar Wells Fargo Bank Check Sequence: 1 ACH Enabled: False Council Workshop 23.96 12/07/2022 0101-41100-61310 Drawers for Cubicles 214.25 12/07/2022 0101-41200-61005 Tools 701.09 12/07/2022 6100-48800-61205 5" Econ -O -Grip Mechanical Plug 22.57 12/07/2022 0101-45000-61020 Misc. Supplies 2,171.65 12/07/2022 0101-43100-61020 Hotel for Conference 141.92 12/07/2022 0101-45000-61310 Food for Meetings 158.74 12/07/2022 0101-42200-61310 Training Supplies 403.51 12/07/2022 0101-42200-61015 Misc. Supplies 10.70 12/07/2022 010142200-61020 Hotel for Fire Chiefs Conference 1,331.37 12/07/2022 010142200-61310 Demo Hammer Rental 53.03 12/07/2022 510048100-62200 Delivery Charge 47.17 12/07/2022 5100-48100-61405 Office Supplies 44.59 12/07/2022 010142200-61005 Flight for Blue Card Training 943.22 12/07/2022 010IA2200-61310 Misc. Supplies 148.28 12/07/2022 2130-44300-61020 Skate Sharpening Class 30.00 12/07/2022 2130-44000-61315 Misc. Supplies 289.00 12/07/2022 213044400-61020 Registration for Conference 488.88 12/072022 0101-42300-61315 Jacket, Polo, Sweatshirt & Coat 164.56 12/07/2022 0101-42300-61005 Subscription 35.00 12/072022 0101-43200-61325 Pop 50.94 12/07/2022 7100-00000-24208 License 299.00 12/07/2022 0101-41420-61320 License 88.95 12/07/2022 5100-48100-61320 License 87.00 12/07/2022 5200-48200-61320 License 87.00 12/07/2022 5300-48300-61320 License 87.00 12/07/2022 0101-41600-61320 Coffee 39.57 12/07/2022 0101-41100-61310 Food for Elections 138.08 12/07/2022 010141310-61310 - Tools 134.86 12/07/2022 6100-48800-61205 Winter Gear for John W. 277.48 12/07/2022 610048800-61020 Parts for Units 205, 09-589 & 4886 1,044.53 12/07/2022 6100-48800-61115 Registration for Conference 1,353.79 12/072022 0101-41600-61315 AP -Computer Check Proof List by Vendor (12/08/2022 - 9:40 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Misc. Supplies 277.48 12/07/2022 6100-48800-61020 Parts for Unit il4813 & Stack 469.64 12/07/2022 6100-48800-61115 Maintenance Contract 70.00 12/07/2022 2130-44000-62305 Meals for Hockey Hall of Fame Game 431.58 12/07/2022 2130-44300-61310 Wristbands for Hockey Hall of Fame Game 334.75 12/07/2022 2130-44300-61020 Check Total: 12,695.14 Total for Check Run: 12,695.14 Total of Number of Checks: AP -Computer Check Proof List by Vendor (12/08/2022 - 9:40 AM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 12/09/2022 - 1:34PM Batch: 00408.12.2022 Invoice No Description Amount Payment Date Acct Number NDaVER� Reference Vendor: 3m 3M Check Sequence: 1 ACH Enabled: False 9420241752 3M Premium Protective Overlay Film 1,094.13 12/09/2022 0101-43300-61105 Check Total: 1,094.13 ' Vendor: AceSolid Ace Solid Waste, Inc. Check Sequence: 2 ACH Enabled: False 8496719T067 December 2022 Commercial Waste 1,263.49 12/09/2022 2130-44000-62020 8496719T067 December 2022 Commercial Waste 420.00 12/09/2022 2130-44100-62020 8500554T067 12/22 Rental Property Garbage Service 164.46 12/09/2022 4520-49300-62020 850163ST067 12/22 Rental Property Garbage Service 160.32 12/09/2022 4520-49300-62020 Check Total: 2,008.27 Vendor: AmazonBn Amazon Capital Services Check Sequence: 3 ACH Enabled: False 1CJF-DH3R-HMXG Paxton Access Nett Proximity Keyfob 78.00 12/09/2022 2130-44000-61020 Check Total: 78.00 Vendor: AnderEar Earl F. Andersen, Inc. Check Sequence:4 ACH Enabled: False 0131525 -IN 456 -LD -T-.1 Commander Drum 2,273.80 12/09/2022 0101-43300-61030 Check Total: 2,273.80 Vendor: And648-1 Andover 648-1 Land, LLC Check Sequence: 5 ACH Enabled: False Escrow Andover Village -Co Rd Improvement 7,576.50 12/09/2022 7200-00000-24203 Check Total: 7,576.50 Vendor: AnkCol6 Anoka Co Sheriff - Andover Check Sequence: 6 ACH Enabled: False Hockey Hall of Fame Game 625.25 12/09/2022 2130-44300-63005 Check Total: 625.25 Vendor: AnkCo01 Anoka Co Treasurer Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PND Page 1 Invoice No Description Amount Payment Date Acct Number Reference HWYSQ32022 Signal Andover&Crosstown 113.53 12/09/2022 0101-43400-63100 HWYSQ32022 Signal Crosstown & 133rd 173.76 12/09/2022 0101-43400-63100 HWYSQ32022 Signal Bunker & Quinn 427.48 12/09/2022 0101-00000-11310 2,453.50 Check Total: 714.77 416049300-63005 Vendor: ArchkeyT Archkey Technologies 2,453.50 Check Sequence: 8 ACH Enabled: False 80225528562 Install Two -Channel 80OW Power Amplifier 2,169.00 12/09/2022 2130-44300-63105 81424128353 Replaced Failing Dome Camera 1,815.00 12/09/2022 2130-44400-63105 The Estate of Cedar Ridge Check Total: 3,984.00 12/09/2022 2410-00000-24101 Vendor: AspenMil Aspen Mills The Estate of Cedar Ridge 104.57 Check Sequence: 9 ACH Enabled: False 304756 Lieutenant Name Tags 44.55 12/09/2022 0101-42200-61305 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 2 Check Total: 44.55 Vendor: BarrEngi Barr Engineering Company Check Sequence: 10 ACH Enabled: False 23021203.00-1 PW Yard Water Qual Trhnt 2,453.50 12/09/2022 416049300-63005 Check Total: 2,453.50 Vendor. BergerJS Joshua & Shannon Bergeron Check Sequence: I I ACH Enabled: False The Estate of Cedar Ridge 1,918.42 12/09/2022 2410-00000-24101 The Estate of Cedar Ridge 104.57 12/09/2022 2410-41600-63900 Check Total: 2,022.99 Vendor: Centerpt CenterPoint Energy Check Sequence: 12 ACH Enabled: False 11078651-4 Vehicle Maint Bldg 1,538.99 12/09/2022 610048800-62015 11078651-4 11078654-8 Cold Storage 100.40 12/09/2022 0101-41940-62015 11078654-8 11369721--3 2621 BunkerLkBlvd MAIN(4-plex) 10.33 12/09/2022 452049300-62015 11369721 11369722-1 2607 BunkerLkBlvd MAIN(4-plex) 136.35 12/09/2022 4520-49300-62015 11369722 11527322-9 2513 Bunker Lk Blvd (Duplex) 22.02 12/09/2022 4520-49300-62015 11527322 11530729-0 Lift Station#11 22.54 12/09/2022 5200-48200-62015 11530729 5825952-4 Equipment Building 116.59 12/09/2022 0101-41950-62015 5825952 5840270-2 Water Treatment Plant 1,994.47 12/09/2022 5100-48100-62015 5840270 5840341-1 Prairie Knoll Park 30.64 12/09/2022 0101-41990-62015 5840341 5841153-9 Fire Station#1 324.48 12/09/2022 0101-41920-62015 5841153 5841451-7 Fire Station#2 449.70 12/09/2022 0101-41920-62015 5841451 5852601-3 Fire Station #3 409.95 12/09/2022 0101-41920-62015 5852601 5864630-8 Pumphouse #4 16.80 12/09/2022 5100-48100-62015 5864630 5883191-8 Sunshine Park 53.01 12/09/2022 0101-41970-62015 5883191 5893307-8 Well #1 44.44 12/09/2022 510048100-62015 5893307 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 5907226-4 Pumphouse#6 35.97 12/09/2022 5100-48100-62015 5907226 5927939-8 Pumphouse #7 46.59 12/09/2022 510048100-62015 5927939 5945463-7 Well #3 45.55 12/09/2022 5100-48100-62015 5945463 5950580-0 City Hall/Senior Center 486.19 12/09/2022 0101-41910-62015 5950580 6122874-8 Lift Station #4 17.87 12/09/2022 520048200-62015 6122874 6402167055-5 Lift Station #10 31.71 12/09/2022 520048200-62015 6402167055 640230849-0 2542138th Ave #3 (4-plex) 29.44 12/09/2022 452049300-62015 6402630849 6402417246-8 2527 BunkerLkBlvd MAIN(4-plex) 10.33 12/09/2022 452049300-62015 6402417246 6402418666-6 2527 Bunker LkBlvd #4 (4-plex) 14.56 12/09/2022 452049300-62015 6402418666 6402474382-1 2556138th Ave MAIN(4-plex) 128.27 12/09/2022 452049300-62015 6402474382 6402901726-2 2542138th Ave #2 (4-plex) 31.58 12/09/2022 452049300-62015 6402901726-2 7575198-2 ASN Ballfields 97.37 12/09/2022 010141980-62015 7575198 7725077-7 Lift Station #1 17.87 12/09/2022 520048200-62015 7725077 8743371-0 Warming House 50.88 12/09/2022 0101-45000-62015 8743371 Check Total: 511.09 Vendor: StPaulCi City of St. Paul Check Sequence: 16 ACH Enabled: False IN51192 Asphalt Mix 2,475.32 12/09/2022 010143100-61125 IN51830 Asphalt Mix 5,873.28 12/09/2022 010143100-61125 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 3 Check Total 6,314.89 Vendor: CentColl Century College Check Sequence: 13 ACH Enabled: False 00763156 Emergency Medical Technician Books 2,065.00 12/09/2022 010142200-61315 1117514 Emergency Medical Technician 3,300.00 12/09/2022 010142200-61315 1117517 Emergency Medical Technician 3,300.00 12/09/2022 010142200-61315 Check Total: 8,665.00 Vendor: ChetsSho Chefs Shoes, Inc. Check Sequence: 14 ACH Enabled: False LLC17073 Safety Boots for Joshua Budnick 200.00 12/09/2022 010143100-61005 Check Total: 200.00 Vendor: CintasGK Cintas Corp Check Sequence: 15 ACH Enabled: False 4139268989 Uniform Cleaning & Shop Towels 111.64 12/09/2022 610048800-61020 4139269058 Floor Mat Rental 44.44 12/09/2022 010141930-62200 4139269105 Floor Mat Rental 46.62 12/09/2022 010141910-62200 4139269191 Uniform Cleaning 143.93 12/09/2022 010143100-61020 4139269191 Uniform Cleaning 20.57 12/09/2022 010143300-61020 4139269191 -. Uniform Cleaning 82.21 12/09/2022 010145000-61020 4139269191 Uniform Cleaning 20.57 12/09/2022 510048100-61020 4139269191 Uniform Cleaning 41.11 12/092022 520048200-61020 Check Total: 511.09 Vendor: StPaulCi City of St. Paul Check Sequence: 16 ACH Enabled: False IN51192 Asphalt Mix 2,475.32 12/09/2022 010143100-61125 IN51830 Asphalt Mix 5,873.28 12/09/2022 010143100-61125 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Connex] Connexus Energy Check Total: 8,348.60 Check Sequence: 18 ACH Enabled: False Vendor: Comcast5 Comcast 12/09/2022 Check Sequence: 17 ACH Enabled: False 8772107890001086 Fire Station #2 44.77 12/09/2022 0101-41920-62030 763-421-9426 8772107890001086 Fire Station 43 71.03 12/09/2022 0101-41920-62030 763-434-6173 8772107890001086 Public Works 19.46 12/09/2022 0101-41930-62030 763-755-8118 8772107890001086 Public Works 77.83 12/09/2022 5100-48100-62030 763-755-8118 8772107890001086 Water Treatment Plant 123.55 12/092022 5100-48100-62030 763-862-8874 8772107890001086 - Community Center 198.82 12/09/2022 2130-44000-62030 763-755-2129 8772107890001086 Sunshine Park 44.77 12/092022 010141970-62030 763-755-9189 8772107890001086 City Hall 147.40 12/09/2022 0101-41910-62030 763-755-5100 8772107890001086 Andover Station N Ball£elds 44.77 12/09/2022 0101-41980-62030 763-767-2547 8772107890001086 Public Works - Intemet 189.90 12/09/2022 0101-41930-62030 386026-178836 8772107890001086 City Hall - Internet 189.90 12/09/2022 0101-41910-62030 386026-201125 Round Lake & 136th - Signal Check Total: 1,152.20 12/09/2022 0101-43400-62005 386026-201283 Vendor: Connex] Connexus Energy Check Sequence: 18 ACH Enabled: False Public Works 1,208.60 12/09/2022 0101-41930-62005 386026-159276 Langseth Park 7.96 12/09/2022 0101-45000-62005 386026-174273 Hidden Creek North Park 15.92 12/092022 0101-45000-62005 386026-174280 Nordeens Park 7.24 12/09/2022 0101-45000-62005 386026-175703 Prairie Knoll Park 80.46 12/09/2022 010145000-62005 386026-175813 Creekview Crossing Park 7.96 12/09/2022 0101-45000-62005 386026-175877 County Rd Intersect Lights 2,704,23 12/09/2022 0101-43500-62005 386026-176059 Subdivision Interior Street Lt 10,655.58 12/09/2022 0101-43600-62005 386026-176201 Tower#1 23.96 12/09/2022 5100-48100-62005 386026-178452 Fire Station 42 277.40 12/09/2022 0101-41920-62005 386026-178835 Lift Station #1 119.46 12/09/2022 5200-48200-62005 386026-178836 Pumphouse #2 161.96 12/09/2022 5100-48100-62005 386026-201125 Round Lake & 136th - Signal 21.57 12/09/2022 0101-43400-62005 386026-201283 Round Lake & 136th -Signal 25.65 12/09/2022 0101-00000-13201 386026-201283 Round Lake & 135th - Signal 20.52 12/09/2022 0101-43400-62005 386026-201284 Round Lake & 135th -Signal 24.61 12/09/2022 0101-00000-13201 386026-201284 County Road 9 & 116 - Signal 40.85 12/09/2022 0101-43400-62005 386026-201749 County Road 9 & 116 -Signal 19.74 12/09/2022 0101-00000-13201 386026-201749 Round Lake & 138th - Signal 67.03 12/09/2022 0101-43400-62005 386026-201751 Pumphouse #1 53.01 12/09/2022 5100-48100-62005 386026-201767 Round Lake & 140th - Signal 56.08 12/092022 0101-43400-62005 386026-201777 North Woods West Park 13.50 12/09/2022 0101-45000-62005 386026-201868 Hanson & 138th Lane 17.43 12/09/2022 530048300-62005 386026-202678 Bunker & Hanson- Signal 86.36 12/09/2022 0101-43400-62005 386026-203068 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PNO Page 4 Invoice No Description Amount Payment Date Acct Number Reference Pumphouse #3 57.32 12/09/2022 5100-48100-62005 386026-203069 Round Lake& 161 st -Signal 77.62 12/09/2022 0101-43400-62005 386026-230276 Hawkridge Park -Security Light 39.42 12/09/2022 0101-45000-62005 386026-230286 Sunshine Park 549.97 12/09/2022 0101-45000-62005 386026-230685 City Hall - Light 1,177.01 12/092022 0101-41910-62005 386026-231135 Pumphouse #4 361.53 12/09/2022 5100-48100-62005 386026-231280 City Hall Garage 19.04 12/09/2022 0101-41960-62005 386026-231281 Tower#2 138.17 12/09/2022 5100-48100-62005 386026-231282 Pumphouse#5 444.41 12/09/2022 5100-48100-62005 386026-237118 Hidden Creek E Pk -Sec Lightl 7.96 12/09/2022 0101-45000-62005 386026-238967 Pleasant Oaks -Security Light 7.96 12/09/2022 0101-45000-62005 386026-238968 Pumphouse #6 1,018.76 12/092022 5100-48100-62005 386026-245409 Kelsey/Rd Lk Pk -Security Light 7.96 12/09/2022 0101-45000-62005 386026-246004 Red Oaks W Pk -Security Light 7.96 12/09/2022 0101-45000-62005 386026-246005 Lift Station #2 61.74 12/09/2022 520048200-62005 386026-250066 Lift Station #3 70.73 12/09/2022 520048200-62005 386026-250421 Northwood E Pk -Security Light 7.96 12/09/2022 010145000-62005 386026-250587 Bunker Lake & Heather St - Signal 41.56 12/09/2022 0101-43400-62005 386026-251490 Bunker Lake & Rose St- Signal 47.35 12/09/2022 0101-43400-62005 386026-251491 Bunker Lake & Jay St - Signal 51.03 12/09/2022 0101-43400-62005 386026-251653 Bunker Lake & Crosstown - Signal 55.96 12/09/2022 0101-43400-62005 386026-251654 Lift Station #4 202.40 12/09/2022 5200-48200-62005 386026-251905 Pumphouse #7 965.94 12/09/2022 5100-48100-62005 386026-255064 13551 Jay Street- Lights 189.97 12/09/2022 2110-00000-11310 386026-255962 Martin & Commercial - Lights 273.29 12/09/2022 2110-00000-11310 386026-255963 Pine Hills Park 7.96 12/09/2022 0101-45000-62005 386026-256788 Hidden Creek North Park 13.50 12/09/2022 0101-45000-62005 386026-261455 Shadowbrook East Park 21.46 12/09/2022 010145000-62005 386026-267140 City Hall Park Lighting 21.46 12/09/2022 010145000-62005 386026-268970 1600 Crosstown Blvd - Signal 73.80 12/09/2022 0101-43400-62005 386026-269010 2139 Bunker Lake - Signal 68.29 12/09/2022 0101-00000-11310 386026-269011 Terrace Park -Security Lights 7.96 12/09/2022 010145000-62005 386026-270409 Eveland Field -Security Lights 7.96 12/09/2022 010145000-62005 386026-270410 Wild Iris Park -Security Lights 21.46 12/09/2022 010145000-62005 386026-270411 Strootman Park -Security Lights 14,80 12/09/2022 0101-45000-62005 386026-270412 Water Treatment Plant 6,510.96 12/09/2022 5100-48100-62005 386026-271472 Sunshine Park - Electric 361.53 12/09/2022 0101-45000-62005 386026-273153 Pumphouse #8 154.12 12/09/2022 510048100-62005 386026-273808 15700 7th Ave - Signal 50.79 12/09/2022 010143400-62005 386026-275108 Lift Station #6 55.22 12/092022 520048200-62005 386026-275284 Prairie Knoll Park 589.46 12/09/2022 010145000-62005 386026-275569 Lift Station#7 33.81 12/09/2022 5200-48200-62005 386026-276742 Timber Trail Park Security Lights 9.46 12/09/2022 0101-45000-62005 386026-277955. AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Fire Station #3 714.58 12/09/2022 0101-41920-62005 386026-279236 Community Center 19,125.01 12/09/2022 2130-44000-62005 386026-281212 Lift Station #8 57.06 12/09/2022 5200-48200-62005 386026-281840 13914 Prairie Road - Signal 63.83 12/09/2022 0101-43400-62005 386026-282927 Andover Blvd & Hanson - Signal 73.31 12/09/2022 0101-43400-62005 386026-284894 Fire Station #1 596.68 12/09/2022 0101-41920-62005 386026-68989 Lift Station #5 34.06 12/09/2022 5200-48200-62005 386026-273019 Community Center Concession Stand 591.50 12/09/2022 2130-44100-62005 386026-281212 Signal 15390 Hanson Blvd 34.91 12/09/2022 0101-43400-62005 386026-287969 1157 Andover Blvd - Well #9 2,221.17 12/092022 5100-48100-62005 386026-286880 Signal 15698 Rd Lk Blvd 69.37 12/09/2022 0101-43400-62005 386026-290712 Lift Station #9 63.59 12/092022 5200-48200-62005 386026-287602 Country Oaks Park 5.00 12/092022 010145000-62005 386026-289790 14298 Round Lake - Signal 55.35 12/09/2022 010143400-62005 386026-279219 Andover Station North Ballfld 257.92 12/09/2022 010145000-62005 386026-292904 Andover St Ballfield Lights 26.36 12/092022 010145000-62005 386026-292904 Andover St N Ballfield Lights 39.55 12/09/2022 010143500-62005 386026-292034 Electric Service 16.30 12/09/2022 0101-43500-62005 386026-230276 Wayside Horn - 1000 Crosstown Blvd. 21.13 12/09/2022 0101-43400-62005 386026-299229 Control Valve Vault 22.24 12/09/2022 510048100-62005 386026-201816 Signal - Crosstown & Andover Blvd. 40.82 12/09/2022 010143400-62005 386026-266238 Andover Station H - Lights 249.75 12/09/2022 2110-00000-11310 386026-295855 1019 Andover Blvd - Wayside Hom 22.61 12/09/2022 0101-43400-62005 386026-297583 Crooked Lake Boat Shelter 16.21 12/092022 0101-45000-62005 386026-298796 Signal - 13976 Hanson Blvd. NW 55.22 12/09/2022 0101-43400-62005 386026-298781 Oak Bluff Park -Security Light 21.46 12/09/2022 0101-45000-62005 386026-299378 Bus Sign - 1721 Bunker Lk Blvd 20.52 12/09/2022 2110-00000-11310 386026-299532 Bus Sign - 13980 Hanson Blvd 43.40 12/092022 2110-00000-11310 386026-299533 ASN Street Lights 237.10 12/09/2022 2110-00000-11310 386026-299989 Siren#5 -2748 161 st Ave NW 5.00 12/09/2022 0101-42400-62005 386026-300397 Siren #12 - Bunker & Marigold St. NW 5.00 12/09/2022 0101-42400-62005 386026-300398 Siren #10 - 145th & Vintage St. NW 5.00 12/09/2022 0101-42400-62005 386026-300399 Siren #11 - 138th Lane & Drake St. NW 5.00 12/09/2022 0101-42400-62005 386026-300400 Siren #6 - 16050 Constance Blvd. NW 5.00 12/09/2022 0101-42400-62005 386026-300401 Siren #8 - 1685 Crosstown Blvd. NW 5.00 12/09/2022 0101-42400-62005 386026-300402 Siren #2 - 174th & Round Lake Blvd. NW 5.00 12/09/2022 0101-42400-62005 386026-300403 Siren #9 - 139th & Crosstown Blvd. NW 5.00 12/09/2022 0101-42400-62005 386026-300404 Siren #7 - Andover Blvd. & Prairie Road 5.00 12/09/2022 010142400-62005 386026-300405 Siren #1 - 176th & Ward Lake Drive NW 5.00 12/09/2022 010142400-62005 386026-300406 Siren #3 - 16860 Roanoke St. NW 5.00 12/092022 0101-42400-62005 386026-300407 Siren #4 - 158th & Dakota St. NW 5.00 12/092022 0101-42400-62005 386026-300408 Hawkridge Park - Service #2 25.81 12/092022 0101-45000-62005 386026-301889 Chesterton Commons Pk -Security 7.96 12/09/2022 0101-45000-62005 386026-301899 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PW Page 6 Invoice No Description Amount Payment Date Acct Number Reference Country Oaks W Pk -Security 7.96 12/09/2022 0101-45000-62005 386026-301901 CH Campus Outdoor Hockey Rinks 72.69 12/09/2022 0101-45000-62005 386026-302015 Hills Bunker Lk W Pk Sec Light 21.46 12/09/2022 0101-45000-62005 386026-294591 13711 Crosstovn Blvd NW 54.48 12/09/2022 2110-46500-62005 386026-303295 Sports Complex -3535161 st Ave 639.42 12/09/2022 0101-45000-62005 386026-304108 Timber Trails Park 18.30 12/09/2022 0101-45000-62005 386026-308418 Round Lake & 136th 4.08 12/09/2022 0101-43500-62005 386026-201283 Round Lake & 135th 4.08 12/09/2022 0101-43500-62005 386026-201284 County Road 9 & 116 18.35 12/09/2022 0101-43500-62005 386026-201749 Round Lake & 138th 13.06 12/09/2022 0101-43500-62005 386026-201751 Bunker & Hanson 16.30 12/09/2022 0101-43500-62005 386026-203068 Round Lake 140th 16.30 12/09/2022 0101-43500-62005 386026-201777 Bunker Lake & Heather 19.59 12/09/2022 0101-43500-62005 386026-251490 Bunker Lake & Rose St 13.06 12/09/2022 0101-43500-62005 386026-251491 Bunker Lake & Jay 26.12 12/09/2022 0101-43500-62005 386026-251653 Signal Bunker & Crosstown 26.12 12/09/2022 0101-43500-62005 386026-251654 Signal Andover &Crosstovm 26.12 12/09/2022 0101-43500-62005 386026-266238 Signal - 14298 Round Lake 13.06 12/09/2022 010143500-62005 386026-279219 Signal 15390 Hanson Blvd 16.30 12/09/2022 0101-43500-62005 386026-287969 Signal 15698 Round Lake Blvd 16.30 12/09/2022 010143500-62005 386026-290712 Signal 13976 Hanson Blvd 16.30 12/09/2022 010143500-62005 386026-298781 Shady Knoll Pk -Security Light 7.96 12/09/2022 0101-45000-62005 386026-304218 Altitude Control Vault 19.41 12/09/2022 5100-48100-62005 386026-303716 EDA Reader Board 16.45 12/09/2022 211046500-62005 386026-303870 Recycling Center 58.85 12/09/2022 0101-46000-62005 386026-304690 15700 7th St. - Traffic Signal 16.30 12/09/2022 0101-43500-62005 386026-275108 Signal & Lights - 16119 Hanson 87.21 12/09/2022 0101-43400-62005 386026-305951 Crooked Lk Elementary Rink 41.50 12/09/2022 0101-45000-62005 386026-306807 Wash Station -Public Works 15.10 12/09/2022 0101-41930-62005 386026-308646 Andover Lions Park -Irrig 13.50 12/09/2022 0101-45000-62005 386026-310295 580 Bunker Lk Blvd -Tunnel Lts 48.45 12/09/2022 0101-43500-62005 386026-310043 961 Bunker Lk Blvd - Signal 70.98 12/09/2022 0101-43400-62005 386026-310044 2542138th Ave NW(4-Plex) 28.52 12/09/2022 4520-49300-62005 386026-73286 Siren #13 - 2139 172nd Ln NW 5.00 12/09/2022 0101-42400-62005 386026-314308 Lift Station #10 239.30 12/09/2022 5200-48200-62005 386026-315803 1990 Veterans Mem Blvd 92.16 12/09/2022 0101-41940-62005 386026-316035 Siren #14 (located at FS #2) 5.00 12/09/2022 0101142400-62005 386026-178835 1848 Veterans Mem Blvd 22.98 12/09/2022 0101-41930-62005 386026-317168 Vehicle Maintenance & Wash Bay 1,142.62 12/09/2022 610048800-62005 386026-314654 2527 Bunker Lk Blvd 16.00 12/09/2022 4520-49300-62005 386026-73271 21 Bunker Lk Blvd - Sign 17.56 12/09/2022 211046500-62005 386026-303872 13300 Hanson Blvd - Sign 18.05 12/09/2022 2110-46500-62005 386026-318046 2556138th Ave(4-Plex) 29.00 12/09/2022 4520-49300-62005 386026-73288 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 8 2527 Bunker Lk Blvd #4 13.50 12/09/2022 4520-49300-62005 386026-201798 2607 Bunker Lk Blvd (4-Plex) 31.34 12/09/2022 4520-49300-62005 386026-73280 2542138th Ave#3 24.95 12/09/2022 4520-49300-62005 386026-201858 2556138th Ave #4 13.50 12/09/2022 4520-49300-62005 386026-201862 2503138th Ave 29.38 12/09/2022 4520-49300-62005 386026-201843 Lift Station#11 314.55 12/09/2022 520048200-62005 386026-321586 2543 Bunker Lk Blvd #2 13.22 12/09/2022 452049300-62005 386026-201800 2543 Bunker Lk Blvd #3 14.85 12/09/2022 452049300-62005 386026-201801 2513 Bunker Lk Blvd 21.62 12/09/2022 4520-49300-62005 386026-201795 2543 Bunker Lk Blvd #1 14.85 12/09/2022 4520-49300-62005 386026-201799 2556 138th Ave #2 13.50 12/09/2022 4520-49300-62005 386026-201860 1594 Andover Blvd 16.30 12/09/2022 0101-43500-62005 386026-284894 Fox Meadows Park 31.68 12/09/2022 0101-45000-62005 386026-292034 Check Total: 58,138.47 Vendor: CoreMain Core & Main LP Check Sequence: 19 ACH Enabled: False 5024624 Misc. Meter Supplies 130.39 12/09/2022 5100-48100-61035 Check Total: 130.39 Vendor: Cotter Cottens', Inc Check Sequence: 20 ACH Enabled: False 581513 Z Hose End Fittings 90.64 12/09/2022 6100-48800-61115 581657 Z Hose End Fittings 80.73 12/09/2022 610048800-61115 Check Total: 171.37 Vendor: DeptLabo Department of Labor & Industry Check Sequence: 21 ACH Enabled: False NOV0030042022 November 2022 Surcharge Report 1,474.22 12/09/2022 0101-00000-23201 NOV0030042022 November 2022 Surcharge Report -29.48 12/09/2022 0101-42300-54325 Check Total: 1,444.74 Vendor: Divisi16 Division 16 Electric, LLC Check Sequence: 22 ACH Enabled: False 7040 Emergency Light in Pro SHOP 295.00 12/09/2022 2130-44000-63105 Check Total: 295.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 23 ACH Enabled: False 9228576 Monthly Recycling Program 265.00 12/09/2022 0101-46000-63025 923058 Legacy Q Petersen Farm 127.05 12/09/2022 7200-00000-24215 Check Total: 392.05 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor: EmerAppa Emergency Apparatus Maint 238.10 Check Sequence: 24 ACH Enabled: False 125894 Parts to Repair Unit #4821 292.91 12/09/2022 6100-48800-61115 Labor to Repair Wash Bay 125894 Labor to Repair Unit #4821 357.41 12/09/2022 6100-48800-63135 1,144.00 125895 Parts to Repair Unit #4820 15.88 12/09/2022 6100-48800-61115 125895 Labor to Repair Unit #4820 198.56 12/09/2022 6100-48800-63135 Check Sequence: 29 ACH Enabled: False INV000140753 Check Total: 864.76 12/09/2022 2130-44200-61245 INV000148732 Vendor: GopherSt Gopher State One -Call Inc 12/09/2022 2130-44200-61020 Check Sequence: 25 ACH Enabled: False 2110183 November 2022 Billable Locates 114.08 12/09/2022 5100-48100-63040 1,156.79 2110183 November 2022 Billable Locates 114.07 12/09/2022 5200-48200-63040 Check Sequence: 30 ACH Enabled: False Check Total: 228.15 1,241.00 12/09/2022 0101-42200-61305 Vendor: Grainger Grainger Check Sequence: 26 ACH Enabled: False 9510876668 Misc. Supplies 63.60 12/09/2022 2130-44300-61020 9516579779 Misc. Supplies 50.36 12/09/2022 2130-44000-61020 9526956561 Misc. Meter Supplies 70.37 12/09/2022 5100-48100-61150 9529047111 90 Street Elbow, Malleable Iron 10.55 12/09/2022 5100-48100-61005 9531601590 Misc. Sewer Supplies 81.16 12/09/2022 5200-48200-61140 Check Total: 276.04 Vendor: MESABI H & L Mesabi, Inc. Check Sequence: 27 ACH Enabled: False 10863 Parts for Unit #22-514 238.10 12/09/2022 6100-48800-61115 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 9 Check Total: 238.10 Vendor: HotsyEqu Hotsy Minnesota Check Sequence: 28 ACH Enabled: False 15294 Labor to Repair Wash Bay 298.10 12/09/2022 6100-48800-63105 15294 Truck & Equipment Wash & Swivel Gun 1,144.00 12/09/2022 6100-48800-61020 Check Total: 1,442.10 Vendor: HowiesHo Howies Hockey Tape Check Sequence: 29 ACH Enabled: False INV000140753 Resales Items for Pro Shop 433.02 12/09/2022 2130-44200-61245 INV000148732 Puck - 6oz Standard - Aero Jet I Side 244.92 12/09/2022 2130-44200-61020 INV000148737 Puck - 6oz Standard - Roberts ADC I Side 478.85 12/09/2022 2130-44200-61020 Check Total: 1,156.79 Vendor: IDEAL Ideal Advertising, Inc Check Sequence: 30 ACH Enabled: False 53832 Shirts 1,241.00 12/09/2022 0101-42200-61305 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 10 Check Total: 1,241.00 Vendor: InnovOlf Innovative Office Solutions, LLC Check Sequence: 31 ACH Enabled: False IN4015657 Dispenser 4.50 12/09/2022 2130-44000-61020 IN4016626 Disinfectant Wipes, Paper Towel, Soap & Cleant 1,993.42 12/09/2022 2130-44000-61020 Check Total: 1,997.92 Vendor: InvCloud Invoice Cloud Inc Check Sequence: 32 ACH Enabled: False 1405-2022_11 Nov 2022 IC Transaction Fee 56.50 12/09/2022 0101-43600-63010 1405-2022_11 Nov 2022 IC Transaction Fee 1,025.00 12/09/2022 5100-48100-63010 1405-2022_11 Nov 2022 IC Transaction Fee 662.00 12/09/2022 520048200-63010 1405-2022_11 Nov 2022 IC Transaction Fee 175.00 12/09/2022 5300-48300-63010 Check Total: 1,918.50 Vendor: JDAndHol JD Andover Holdings LLC Check Sequence: 33 ACH Enabled: False The Preserve @ Petersen Farms 15,981.79 12/09/2022 2410-00000-24101 The Preserve @ Petersen Famts 2,049.53 12/09/2022 2410-41600-63900 Check Total: 18,031.32 Vendor: JRAdvane JR's Advanced Recyclers Check Sequence: 34 ACH Enabled: False 108878 Recycling Appliances, Electronics & Bulbs 1,162.50 12/09/2022 0101-46000-63010 Check Total: 1,162.50 Vendor: LMNCIT League of Minnesota Cities Check Sequence: 35 ACH Enabled: False 19957 Deductible 882.02 12/09/2022 6200-48900-62105 Check Total: 882.02 Vendor: LegShiel Legal Shield Check Sequence: 36 ACH Enabled: False 31833 December 2022 Premium 126.65 12/09/2022 0101-00000-21219 Check Total: 126.65 Vendor: LennarBu Lennar Corporation Check Sequence: 37 ACH Enabled: False Windslow Cove 11,674.39 12/09/2022 2410-00000-24101 Windslow Cove 1,440.55 12/092022 2410-41600-63900 Windslow Cove 2nd Addition 2,747.96 12/09/2022 2410-00000-24101 Windslow Cove 2nd Addition 838.12 12/09/2022 2410-41600-63900 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page I I Check Total: 16,701.02 Vendor: LifeLine Lifeline Incorporated Check Sequence: 38 ACH Enabled: False LL -17263 Infant/Child Difibrillation Electrodes 495.93 12/09/2022 0101-42200-61020 Check Total: 495.93 Vendor: Loes Lee's Oil Company Check Sequence: 39 ACH Enabled: False 89870 Recycling Oil Filters 35.00 12/09/2022 0101-46000-63010 90989 Recycling Oil Filters 35.00 12/09/2022 0101-46000-63010 Check Total: 70.00 Vendor: LossingP Paige Lossing Check Sequence: 40 ACH Enabled: False Replace lost Check #64559 347.00 12/09/2022 2130-44300-63005 Check Total: 347.00 Vendor: LubrTech Lube -Tech Check Sequence: 41 ACH Enabled: False 2864818 MOB Delvac 1,503.47 12/09/2022 6100-48800-61115 Check Total: 1,503.47 Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 42 ACH Enabled: False P08066 Mud Flaps for Stock 120.62 12/09/2022 6100-48800-61115 P09113 MSA G1 Spec Kit D2 1,707.32 12/09/2022 4180-49300-65600 Check Total: 1,827.94 Vendor: MFOA Metro Chief Fire Officers Asso Check Sequence: 43 ACH Enabled: False 2023 2023 Membership Dues -Dennis Jones 100.00 12/09/2022 0101-42200-61320 2023 2023 Membership Dues - Ernest Scherger 100.00 12/09/2022 010142200-61320 Check Total: 200.00 Vendor: MetCounE Metropolitan Council Environmental Services Check Sequence: 44 ACH Enabled: False Nov 2022 November 2022 SAC Report 9,940.00 12/09/2022 0101-00000-23201 Nov 2022 November 2022 SAC Report -99.40 12/09/2022 0101-41400-58100 Check Total: 9,840.60 Vendor: MidwFenc Midwest Fence & Mfg Cc Check Sequence: 45 ACH Enabled: False 190192 Install Fencing @ City Hall 3,962.00 12/09/2022 4160-49300-63105 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page I I Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 12 Check Total: 3,962.00 Vendor: MidMotiv Midwest Motive Check Sequence: 46 ACH Enabled: False 25753 Zamboni Charger 544.96 12/09/2022 2130-44300-63105 Check Total: 544.96 Vendor: MNEquipn Minnesota Equipment Check Sequence: 47 ACH Enabled: False P40615 Relay for Unit#173 30.90 12/09/2022 6100-48800-61115 Check Total: 30.90 Vendor: MNFire4 Minnesota Fire Service Check Sequence: 48 ACH Enabled: False 10634 Fire Officer I Certification Exam 504.00 12/09/2022 0101-42200-61315 Check Total: 504.00 Vendor: MTIDist MTI Distributing Inc Check Sequence: 49 ACH Enabled: False 1370574-00 Ball Joint Asm & LH Ball Joint Mount for Stock 296.07 12/09/2022 6100-48800-61115 Check Total: 296.07 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 50 ACH Enabled: False IN1794982 Leather Radio Holder & Strap 262.61 12/09/2022 0101-42200-61020 Check Total: 262.61 Vendor: NorthMet North Metro Auto Class Check Sequence: 51 ACH Enabled: False IEB-1202-38174 Windshield for Unit #4827 588.76 12/09/2022 6100-48800-61115 IEB-1202-38174 Labor to Install Windshield for Unit #4827 110.00 12/09/2022 6100-48800-63135 Check Total: 698.76 Vendor: NussTrck Nuss Truck & Equipment Check Sequence: 52 ACH Enabled: False 4731183P Wire & Clamp for Unit #11-207 20.91 12/09/2022 6100-48800-61115 Check Total: 20.91 Vendor: ODP Bus ODP Business Solutions, LLC Check Sequence: 53 ACH Enabled: False 275759052002 Office Supplies 12.16 12/09/2022 0101-42300-61005 279950931001 Training Supplies 205.98 12/092022 0101-42200-61015 279951929001 Office Supplies 59.99 12/09/2022 0101-42200-61005 Check Total: 278.13 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference Vendor: OReiAuto O'Reilly Auto Parts 134.39 Check Sequence: 56 Check Sequence: 54 ACH Enabled: False 3253-293752 Core Credit -40.00 Check Sequence: 55 12/09/2022 610048800-61115 3253-293985 Protect 83.94 3105814004 12/09/2022 6100-48800-61020 3253-293998 Warranty Return on Unit #525 -158.45 Postage Meter Rental / Maintenance 12/09/2022 610048800-61115 3253-295190 Cleaner 119.88 40.33 12/09/2022 610048800-61020 3253-295404 Spark Plugs for Unit #6 33.92 12/09/2022 12/09/2022 6100-48800-61115 3253-295427 Copper Plug 9.16 010145000-61405 12/09/2022 610048800-61020 3253-296361 Wheel Weight 85.94 3105814004 12/09/2022 610048800-61020 Check Total: 448.05 Vendor: PremCust Check Total: 134.39 Check Sequence: 56 Vendor: Pitney3 Pitney Bowes 10,800.00 12/09/2022 Check Sequence: 55 3105814004 Postage Meter Rental / Maintenance 40.32 12/09/2022 010141200-61405 3105814004 Postage Meter Rental/ Maintenance 35.85 12/09/2022 010141400-61405 3105814004 Postage Meter Rental / Maintenance 40.32 12/09/2022 010141500-61405 3105814004 Postage Meter Rental / Maintenance 40.33 12/09/2022 0101-41600-61405 3105814004 Postage Meter Rental / Maintenance 53.76 12/09/2022 0101-42300-61405 3105814004 Postage Meter Rental / Maintenance 17.93 12/09/2022 010145000-61405 3105814004 Postage Meter Rental / Maintenance 80.64 12/09/2022 510048100-61405 3105814004 Postage Meter Rental / Maintenance 35.85 12/09/2022 5200-48200-61405 3105814004 Postage Meter Rental / Maintenance 17.92 12/092022 0101-46000-61405 3105814004 Postage Meter Rental / Maintenance 13.44 12/09/2022 0101-43100-61405 3105814004 Postage Meter Rental / Maintenance 4.48 12/092022 010141300-61405 3105814004 Postage Meter Rental / Maintenance 4.48 12/09/2022 0101-41230-61405 3105814004 Postage Meter Rental / Maintenance 22.41 12/09/2022 5300-48300-61405 3105814004 Postage Meter Rental / Maintenance 22.40 12/09/2022 2110-46500-61405 3105814004 Postage Meter Rental / Maintenance 4.48 12/09/2022 0101-41420-61405 3105814004 Postage Meter Rental / Maintenance 13.44 12/09/2022 010142200-61405 Check Total: 448.05 Vendor: PremCust Premier Custom Homes Check Sequence: 56 16881 -Escrow 16881 Guarani Street NW 10,800.00 12/09/2022 7200-00000-24204 16881 -Insp Fee 16881 Guarani Street NW -50.00 12/09/2022 0101-41600-54180 Check Total: 10,750.00 Vendor: PrintCen Print Central Check Sequence: 57 147517 #10 Regular Envelopes 144.29 12/09/2022 0101-41200-61005 147517 #10 Regular Envelopes 192.38 12/092022 010141500-61005 147517 #10 Regular Envelopes 144.29 12/09/2022 010141600-61005 147517 #10 Regular Envelopes 240.48 12/09/2022 0101-42300-61005 147517 #10 Regular Envelopes 96.19 12/09/2022 0101-41230-61005 ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference 147517 #10 Regular Envelopes 48.09 12/09/2022 0101-41300-61005 147517 #10 Regular Envelopes 96.19 12/09/2022 010141400-61005 Check Total: 961.91 Vendor: ProtivSc Scott Protivinsky Check Sequence: 58 ACH Enabled: False 2022 2022 Medical Reimbursement 1,713.26 12/09/2022 7100-00000-21218 Check Total: 1,713.26 Vendor: RegalAw Regal Awards & Trophies Check Sequence: 59 ACH Enabled: False Plaque for Val Holdms 55.00 12/09/2022 010141100-61005 Check Total: 55.00 Vendor: RepSvices Republic Services #899 Check Sequence: 60 ACH Enabled: False 0894-005995819 Shredding Service 659.39 12/09/2022 0101-46000-63010 Check Total: 659.39 Vendor: RichCarp Richards Carpet & Flooring Check Sequence: 61 ACH Enabled: False 2022 Refund for Fieldhouse Banner 687.50 12/09/2022 2130-44400-55580 2022 Refund for Overpayment 20.00 12/09/2022 2130-44300-55580 Check Total: 707.50 Vendor: 1LrIeyR Ron Turley Associates, Inc. Check Sequence: 62 ACH Enabled: False 64063 Labels 211.52 12/09/2022 6100-48800-61005 Check Total: 211.52 Vendor: Slothlns Sloth Inspections, Inc. Check Sequence: 63 ACH Enabled: False Nov 2022 2021 Electrical Inspections 180.00 12/09/2022 0101-42300-63005 Nov 2022 2022 Electrical Inspections 5,430.00 12/09/2022 0101-42300-63005 Check Total: 5,610.00 Vendor: SOTAClea SOTA Clean LLC Check Sequence: 64 ACH Enabled: False 1160 Monthly Cleaning Service 1,548.37 12/09/2022 0101-41910-63010 1160 Monthly Cleaning Service 1,284.01 12/09/2022 010141930-63010 1160 Monthly Cleaning Service 566.47 12/09/2022 0101-41920-63010 1160 Monthly Cleaning Service 377.65 12/09/2022 6100-48800-63010 Check Total: 3,776.50 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference Vendor: TafoyaAa Aaron Tafoya Check Sequence: 65 ACH Enabled: False Custom Ornaments 467.50 12/09/2022 0101-42200-61060 Check Total: 467.50 Vendor TamLdDev Tamarack Land Development LLC Check Sequence: 66 ACH Enabled: False Escrow Meadows of Nightingale 417.01 12/09/2022 7200-00000-24203 Check Total: 417.01 Vendor: TamLdNig Tamarack Land Nightingale Villas LLC Check Sequence: 67 ACH Enabled: False Escrow Oakview Acres 1,428.24 12/09/2022 7200-00000-24203 Check Total: 1,428.24 Vendor: ThomasJa Janet R Thomas Check Sequence: 68 ACH Enabled: False Escrow Shadowbrook North 78.55 12/09/2022 7200-00000-24203 Check Total: 78.55 Vendor: Timesave Timesaver Check Sequence: 69 ACH Enabled: False M27783 City Council Meeting 154.00 12/09/2022 0101-41100-63005 M27783 Planning Commission Meeting 154.00 12/09/2022 0101-41500-63005 Check Total: 308.00 Vendor: TmstlnU Trust in Us Workplace Drug & Alcohol Testing Check Sequence: 70 ACH Enabled: False 96334 DOT Pre-employment& DOT Post Accident 135.00 12/09/2022 010141230-63005 Check Total: 135.00 Vendor: UhlCompa Uhl Company Check Sequence: 71 ACH Enabled: False 48225 Wash Bay Heat 1,835.73 12/09/2022 6100-48800-63105 Check Total: 1,835.73 Vendor: Uline Uline Check Sequence: 72 ACH Enabled: False 156363979 23 Gal Hands -Free Receptacle 293.50 12/09/2022 2130-44300-61020 Check Total: 293.50 Vendor: USABlue USABlue Book Check Sequence: 73 ACH Enabled: False 180191 Hach Fluoride Rgt 128.17 12/09/2022 5100-48100-61040 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 15 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 16 Check Total: 128.17 Vendor: VoyantCo Voyant Communications Check Sequence: 74 ACH Enabled: False 0030943221201 Phone Service @ City Hall 661.56 12/09/2022 0101-41910-62030 0030943221201 Phone Service @ Fire Stations 103.00 12/09/2022 0101-41920-62030 0030943221201 Phone Service @ Public Works 212.00 12/09/2022 0101-41930-62030 0030943221201 Phone Service @ Comm Ctr 100.00 12/09/2022 2130-44000-62030 0030943221201 Phone Service @ WTP 43.00 12/09/2022 5100-48100-62030 Check Total: 1,119.56 Vendor: WalterRR Walters Recycling & Refuse Inc Check Sequence: 75 ACH Enabled: False 0006603862 November 2022 Recycling Center 495.00 12/09/2022 0101-46000-63010 - 6564621 November 2022 Recycling Center 4,163.33 12/09/2022 0101-46000-63010 Check Total: 4,658.33 Vendor: WHSecuri WH Security Check Sequence: 76 ACH Enabled: False 150-1681-3487 Security System @ Sunshine Park 33.95 12/09/2022 0101-41970-63010 150-1682-7288 Security System @ ASN 52.95 12/09/2022 0101-41980-63010 150-1693-9665 Security System @ FS#1 67.90 12/09/2022 0101-41920-63010 150-1694-3764 Security System @ City Hall 67.90 12/09/2022 0101-41910-63010 150-1694-6826 Security System @ City Hall 767.90 12/09/2022 0101-41930-63010 150-1694-9717 Security System @ Vehicle Maint 67.90 12/09/2022 6100-48800-63010 150-1697-0765 Security System @ FS#3 77.90 12/09/2022 0101-41920-63010 Check Total: 1,136.40 Vendor: WSB WSB & Associates, Inc. Check Sequence: 77 ACH Enabled: False R-019404-000-8 Pine Hills N&S - Parking Lot Paving 6,434.50 12/09/2022 4150-49300-63005 Check Total: 6,434.50 Total for Check Run: 219,257.72 Total of Number of Checks: 77 AP -Computer Check Proof List by Vendor (12/09/2022 - 1:34 PM) Page 16 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 12/15/2022- 3:43PM Batch: 00414.12.2022 Invoice No Description Amount Payment Date Acct Number ?CNWRjL Reference Vendor: AmazonBu Amazon Capital Services Check Sequence: 1 ACH Enabled: False 137K-J39F-C17M Enterprise Proliant DL360 G9 Server 440.99 12/16/2022 0101-41420-61210 14FF-RYND-CYKF Green Products 33001 Copper Brown Wood Pres 75.42 12/16/2022 0101-45000-61020 193M-TLYL-G7IL Wooden Wobble Balance Board for Kids 197.95 12/16/2022 2130-44400-61055 1CPD-Q9VM-1WK9 Mobile Cad - Fire Trucks 6,399.92 12/16/2022 4180-49300-61225 Check Total: 7,114.28 Vendor: AssurSec Assured Security Check Sequence: 2 ACH Enabled: False 224817 Door B Repair @ Vehicle Maintenance 1,330.01 12/16/2022 610048800-63105 Check Total: 1,330.01 Vendor: Astlefor Astleford International Trucks Check Sequence: 3 ACH Enabled: False 0I S6979 Parts to Repair Unit #205 333.04 12/16/2022 6100-48800-61115 OI56979 Labor to Repair Unit #205 2,548.00 12/16/2022 610048800-63135 Check Total: 2,881.04 Vendor: CedSepti Cedar Septic and Sewer Check Sequence: 4 ACH Enabled: False CK 1248 Overpayment - Address not in Andover 20.00 12/16/2022 0101-42300-52200 Check Total: 20.00 Vendor: CintasGK Cintas Corp Check Sequence: 5 ACH Enabled: False 4139961284 Floor Mat Rental 100.76 12/16/2022 010141920-62200 4139961364 Uniform Cleaning & Shop Towels 160.11 12/16/2022 6100-48800-61020 4139961437 Uniform Cleaning 143.93 12/16/2022 010143100-61020 4139961437 Uniform Cleaning 20.57 12/16/2022 010143300-61020 4139961437 Uniform Cleaning 82.21 12/16/2022 0101-45000-61020 4139961437 Uniform Cleaning 20.57 12/16/2022 5100-48100-61020 4139961437 Uniform Cleaning 41.11 12/16/2022 520048200-61020 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM]) Page 1 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Page 2 Check Total: 569.26 Vendor: CitwdPlu Citywide Plumbing, LLC Check Sequence: 6 ACH Enabled: False 7198 Repace Womens Toilet @ FS#1 748.00 12/16/2022 0101-41920-63105 7203 Issue With Hot Water in KS Faucet @ FS#3 60.00 12/16/2022 010141920-63105 Check Total: 808.00 Vendor: CoreMain Core & Main LP Check Sequence: 7 ACH Enabled: False 5049416 Returned Meters -225.76 12/16/2022 5100-48100-61035 5060396 Meters 1,153.92 12/16/2022 5100-48100-61035 Check Total: 928.16 Vendor: Cottens Cottens', Inc Check Sequence: 8 ACH Enabled: False 582600 Air Filter for Unit #19-552 94.22 12/16/2022 6100-48800-61115 582756 Part for Unit #14-208 36.89 12/16/2022 6100-48800-61115 Check Total: 131.11 Vendor: DehnOil Dehn Oil Company Check Sequence: 9 ACH Enabled: False 95398 Diesel Fuel 8,510.00 12/16/2022 6100-48800-61050 Check Total: 8,510.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 10 ACH Enabled: False 924280 Monthly Recycling Program 265.00 12/16/2022 0101-46000-63025 Check Total: 265.00 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 11 ACH Enabled: False 128-ZI2418 Core Credit -33.00 12/16/2022 6100-48800-61115 128-Z12732 Battery for Unit#11-207 451.71 12/16/2022 610048800-61115 Check Total: 418.71 Vendor: Ferguson Ferguson Waterworks #2518 Check Sequence: 12 ACH Enabled: False 0506068 Misc. Supplies 264.36 12/16/2022 5100-48100-61005 Check Total: 264.36 Vendor: Ferrellg Ferrellgas Check Sequence: 13 ACH Enabled: False 1120758285 Propane 81.98 12/16/2022 6100-48800-61020 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 81.98 Vendor: Grainger Grainger Check Sequence: 14 ACH Enabled: False 9533569845 Angle Flange Adapter 378.46 12/16/2022 5100-48100-61120 Check Total: 378.46 Vendor: HachCo Hach Company Check Sequence: 15 ACH Enabled: False 13359369 Chemicals for Water Treatment Plant 126.50 12/162022 5100AS100-61040 13359383 Chemicals for Water Treatment Plant 92.58 12/16/2022 510048100-61040 Check Total: 219.08 Vendor: Hakanson Hakanson Anderson Assoc., Check Sequence: 16 ACH Enabled: False 49794 Traffic Signal - 7th & 143rd 7,029.35 12/16/2022 4140-00000-24203 Check Total: 7,029.35 Vendor: HotsyEqu Hotsy Minnesota Check Sequence: 17 ACH Enabled: False 15370 Pans to Repair Soap Tank 429.75 12/162022 - 6100-48800-61020 15370 Labor to Repair Soap Tank 279.93 12/162022 6100-48800-63135 15403 Misc. Supplies 264.56 12/16/2022 6100-48800-61020 Check Total: 974.24 Vendor: InsnRes Instrumental Research, Inc Check Sequence: 18 ACH Enabled: False 4556 November 2022 Total Coliform Testing 200.00 12/16/2022 510048100-63005 4556 Biological Water Treatment Study 800.00 12/16/2022 5100-48100-63005 4556 Andover Crossing - Apartments 160.00 12/16/2022 7200-00000-24207 Check Total: 1,160.00 Vendor: IPMAMN IPMA-HR Minnesota Check Sequence: 19 ACH Enabled: False 2023 2023 Membership Dues 25.00 12/16/2022 010141230-61320 Check Total: 25.00 Vendor: KLMEngin KLM Engineering, Inc. Check Sequence: 20 ACH Enabled: False 9328 Verizon Mod - Tower #1 5,900.00 12/162022 7200-00000-24207 Check Total: 5,900.00 Vendor: LeadGrow Leadership Growth Groups LLC Check Sequence: 21 ACH Enabled: False 22204b 2022 Leadership Growth Group Books 142.43 12/16/2022 010141200-61315 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 23204 2023 Leadership Growth Group Series 600.00 12/16/2022 0101-41200-61315 Check Total: 742.43 Vendor: LubrTech Lube -Tech Check Sequence: 22 ACH Enabled: False 3081671 Bulk 15W40 Oil 1,341.56 12/16/2022 6100-48800-61115 Check Total: 1,341.56 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 23 ACH Enabled: False P46233 RD ESTP Knob for Unit #17-99 45.97 12/16/2022 6100-48800-61115 Check Total: 45.97 Vendor: MNEquipn Minnesota Equipment Check Sequence: 24 ACH Enabled: False R42769 Parts to Repair Unit #09-585 11.59 12/16/2022 6100-48800-61115 R42769 Labor to Repair Unit #09-585 415.50 12/16/2022 6100-48800-63135 Check Total: 427.09 Vendor: MRCutEdg MR Cutting Edge Check Sequence: 25 ACH Enabled: False 5074 Ice Scraper Blade Sharpen 108.00 12/16/2022 2130-44300-61020 Check Total: 108.00 Vendor: MTIDist MTI Distributing Inc Check Sequence: 26 ACH Enabled: False 1371191-00 Belt -V, Banded 53.98 12/16/2022 610048800-61115 Check Total: 53.98 Vendor: NoPineAg North Pine Aggregate, Inc. Check Sequence: 27 ACH Enabled: False 17355 Class 2 Rip Rap 836.16 12/16/2022 5300-48300-61145 Check Total: 836.16 Vendor: NoStTowi North Star Towing, Inc. Check Sequence: 28 ACH Enabled: False 87710 Tow Vehicle Back to Maint Garage 160.00 12/16/2022 6100-48800-63135 Check Total: 160.00 Vendor: NoSafety Northern Safety Technology Check Sequence: 29 ACH Enabled: False 54933 Universal Led Flashers for Unit #4807 74.93 12/16/2022 6100-48800-61115 54989 DOT Wing -Plow Super -Led Lighthead 150.80 12/16/2022 610048800-61115 Check Total: 225.73 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) - Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Northlns Northwest Inspection Services 200-1040290 5MB Flat Data Plan US with NAF Check Sequence: 30 ACH Enabled: False 2022 2022 Plan Review Assist 2,090.00 12/16/2022 0101-42300-63010 1,504.00 12/16/2022 Check Total: 2,090.00 Enterprise GIS Implementation 12/16/2022 5200-48200-61320 Vendor: NussTrck Nuss Truck & Equipment Enterprise GIS Implementation 1,504.00 Check Sequence: 31 ACH Enabled: False 4732308P V -Ribbed Belt for Unit#11-207 92.84 12/16/2022 6100-48800-61115 4732312P V -Ribbed Belt for Unit #11-207 136.06 12/16/2022 6100-48800-61115 4732480P HD Tensioner for Unit #11-207 227.36 12/16/2022 6100-48800-61115 Check Total: Vendor: ODP Bus ODP Business Solutions, LLC 275759052003 Office Supplies Check Total: Vendor: OReiAuto O'Reilly Auto Parts 3253-297082 Air Filter Check Total: Vendor: OTIinc OTI Inc. 22-10252 Yard Waste Check Total: Vendor: PosnerE Elizabeth Posner 2022 Soccer Coach 456.26 Check Sequence: 32 12.67 12/16/2022 0101-42300-61005 12.67 Check Sequence: 33 52.81 12/16/2022 6100-48800-61115 52.81 Check Sequence: 34 576.00 12/16/2022 0101-43100-63010 576.00 Check Sequence: 35 77.00 12/16/2022 2130-44400-63005 77.00 Check Total: Vendor: PreCise PreCise MRM LLC 200-1040290 5MB Flat Data Plan US with NAF 200-1040290 5MB Flat Data Plan US with NAF 200-1040290 5MB Flat Data Plan US with NAF 200-1040290 5MB Flat Data Plan US with NAF 456.26 Check Sequence: 32 12.67 12/16/2022 0101-42300-61005 12.67 Check Sequence: 33 52.81 12/16/2022 6100-48800-61115 52.81 Check Sequence: 34 576.00 12/16/2022 0101-43100-63010 576.00 Check Sequence: 35 77.00 12/16/2022 2130-44400-63005 77.00 Check Total: 560.00 Vendor: Prowest Pro -West & Associates Check Sequence: 36 84.00 Check Sequence: 37 ACH Enabled: False 12/16/2022 0101-43100-61320 252.00 12/16/2022 12/16/2022 0101-43200-61320 112.00 1,504.00 12/16/2022 5100-48100-61320 112.00 Enterprise GIS Implementation 12/16/2022 5200-48200-61320 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Page 5 Check Total: 560.00 Vendor: Prowest Pro -West & Associates Check Sequence: 37 ACH Enabled: False 007011 Enterprise GIS Implementation - 752.00 12/16/2022 0101-41600-63010 007011 Enterprise GIS Implementation 1,504.00 12/16/2022 5100-48100-63010 007011 Enterprise GIS Implementation 1,504.00 12/16/2022 520048200-63010 007011 Enterprise GIS Implementation 1,504.00 12/16/2022 5300-48300-63010 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 007011 Enterprise GIS Implementation 376.00 12/16/2022 010143100-63010 007011 Enterprise GIS Implementation 376.00 12/16/2022 010145000-63010 007011 Enterprise GIS Implementation 75.00 12/16/2022 0101-42200-63010 007011 Enterprise GIS Implementation 150.45 12/16/2022 010141600-63010 007011 Enterprise GIS Implementation 75.00 12/16/2022 2220-41600-63010 007011 Enterprise GIS Implementation 602.00 12/16/2022 2250-41600-63010 007011 Enterprise GIS Implementation 602.00 12/16/2022 2210-41600-63010 Check Total: 7,520.45 Vendor: QualRefr Quality Refrigeration Check Sequence: 38 ACH Enabled: False 1110818 Repair Ice Maker @ FS#1 - 258.80 12/16/2022 0101-41920-63105 Check Total: 258.80 Vendor: R&R R&R Specialties of Wisconsin Check Sequence: 39 ACH Enabled: False 0077495 -IN Belt for Unit #452 98.10 12/16/2022 610048800-61115 Check Total: 98.10 Vendor: RDOEquip ROO Equipment Check Sequence: 40 ACH Enabled: False P2416401 Bomber & Compressor Valve Kit for Unit #11-1: 676.00 12/16/2022 6100-48800-61115 Check Total: - 676.00 Vendor: RESPEC RESPEC Check Sequence: 41 ACH Enabled: False INV -1122-313 2022 On Site Support 51.00 12/16/2022 4140-49300-63005 INV -1122-313 2022 On Site Support 35.00 12/16/2022 2210-41600-63005 INV -1122-313 2022 On Site Support 1.50 12/16/2022 222041600-63005 INV -1122-313 2022 On Site Support 48.00 12/16/2022 225041600-63005 INV -1122-313 2022 On Site Support 51.00 12/16/2022 510048100-63005 INV -1122-313 2022 On Site Support 51.00 12/16/2022 520048200-63005 INV -1122-313 2022 On Site Support 25.00 12/16/2022 5300-48300-63005 Check Total: 262.50 Vendor: RICCAR Riccar Check Sequence: 42 ACH Enabled: False 2022-2046 Modine MOD Hot Dawg 60 Unit Heater 2,875.00 12/16/2022 510048100-63105 Check Total: 2,875.00 Vendor: SchifskB Bill Schifsky Check Sequence: 43 ACH Enabled: False Modify Trailer - Unit #T-20-623 750.00 12/16/2022 6100-48800-63135 AP -Computer Check Proof List by Vendor (12/15/2022 - 3:43 PM) Pa<e 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 750.00 Vendor: TeamLab Team Lab Check Sequence: 44 ACH Enabled: False INVO033540 EZ Dose It 2,635.50 12/16/2022 5200-48200-61140 Check Total: 2,635.50 Vendor: Uline Uline Check Sequence: 45 ACH Enabled: False 156893908 Gamma Seal Lid & Plastic Pail 126.46 12/16/2022 2130-44000-61020 Check Total: 126.46 Vendor: Verizon Verizon Wireless Check Sequence: 46 ACH Enabled: False 9921941293 Storm Water Pump 25.02 12/16/2022 5300-48300-62030 Check Total: 25.02 Vendor: Mklndus Viking Industrial Center Check Sequence: 47 ACH Enabled: False 3255490 Tuff Guard 80.85 12/16/2022 5200-48200-61005 Check Total: 80.85 Vendor: WalterRR Walters Recycling & Refuse Inc Check Sequence: 48 ACH Enabled: False 0006608081 Recycling Center 4,003.20 12/16/2022 0101-46000-63010 Check Total: 4,003.20 Vendor: WnMgmt2 Waste Management- Blaine Check Sequence: 49 ACH Enabled: False 9338470-0500-8 11/22 Garbage Service @ City Hall 171.77 12/16/2022 0101-41910-62020 9338473-0500-2 PW Garbage Disposal 245.65 12/16/2022 0101-41930-62020 9338473-0500-2 PW Garbage Disposal 193.93 12/16/2022 010145000-62020 9338473-0500-2 PW Garbage Disposal 853.29 12/16/2022 0101-46000-62020 9338476-0500-5 11/22 Garbage Service @ FS#2 135.67 12/162022 010141920-62020 9338477-0500-3 11/22 Garbage Service @ FS#I 125.29 12/16/2022 0101-41920-62020 Check Total: 1,725.60 Total for Check Run: 67,811.18 Total of Number of Checks: 49 AP -Computer Check Proof List by Vendor (12/152022 - 3:43 PM) Page 7 Accounts Payable Computer Check Proof List by Vendor ANL66NYR User: BrendaF Printed: 12/15/2022 - 4.11 PM Batch: 00420.12.2022 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AnkCo01 Anoka Co Treasurer Check Sequence: 1 ACH Enabled: False 130856 800 MHZ Radios 50,899.00 12/20/2022 4180-49300-61020 Check Total Vendor: ArborOak Arbor Oaks Senior Living, LLC Dec 2022 December 2022 TIF W9 Dec 2022 December 2022 TIF W9 Dec 2022 December 2022 TIF W9 Check Total: Vendor: BeBaKiGI Berglund, Baumgartner, Kimball & Glaser, LLC ANDOVER November 2022 Legal Services Vendor: KinectEG 352596/11171502 352596/11171508 Vendor: LMNCIT 40002575 Vendor: NoValley 676-2-1 676-2-1 Check Total: Kinect Energy Group Community Center Public Works Check Total: League of Minnesota Cities 2023 Work Comp Insurance Check Total: North Valley, Inc. 2 Water Main Breaks Road Repair @ Diff Location Check Total 50,899.00 32,958.62 3,662.07 -3,662.07 32,958.62 17,188.17 17,188.17 22,655.15 3,820.24 26,475.39 216,688.00 216,688.00 18,303.33 29,766.40 48,069.73 Check Sequence: 2 12/20/2022 4515-49300-63010 12/20/2022 4515-49300-63005 12/20/2022 2110-46500-54370 Check Sequence: 3 12/20/2022 0101-41240-63015 Check Sequence: 4 12/20/2022 2130-44000-62015 12/20/2022 0101-41930-62015 Check Sequence: 5 12/20/2022 6200-00000-15101 Check Sequence: 6 12/20/2022 5100-48100-63010 12/20/2022 0101-43100-63110 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (12/15/2022 - 4:11 PM) Page I Invoice No Description Amount Payment Date Acct Number Reference Vendor: No Valley North Valley, Inc. 15,980.00 Check Sequence: 7 ACH Enabled: False Payment #4 Pine Hills N&S - Parking Lot Paving 27,616.65 12/20/2022 4180-49300-63010 Galvanized Parks Trailer Unit #T22-557 Payment #4 Pine Hills N&S - Parking Lot Paving 11,835.70 12/20/2022 4150-49300-63010 24,550.00 Payment 94 Pine Hills N&S - Parking Lot Paving 2,851.78 12/20/2022 4150-49300-63010 Payment #4 Dog Park Parking Lot & Trail Paving 29,717.62 12/20/2022 4180-49300-63010 0101-43200-61125 Payment 94 City Hall Parking Lot Reconstruction 7,166.35 12/20/2022 4160-49300-63010 Payment #4 Oak Bluff Park B -Ball Court 178.64 12/20/2022 4150-49300-63010 Payment #4 Veteran Memorial Blvd Parking Area 1,110.67 12/20/2022 4303-49300-63010 Check Total: 80,477.41 Vendor: NoValley North Valley, Inc. Check Sequence: 8 ACH Enabled: False Pymt 5 Final Pine Hills N&S - Parking Lot Paving 4,463.92 12/20/2022 4180-49300-63010 Pymt 5 Final Pine Hills N&S - Parking Lot Paving 1,913.11 12/20/2022 4150-49300-63010 Pymt 5 Final Pine Hills N&S - Parking Lot Paving 909.39 12/20/2022 4150-49300-63010 Pymt 5 Final Dog Park Parking Lot & Trail Paving 3,008.44 12/20/2022 4180-49300-63010 Pymt 5 Final City Hall Parking Lot Reconstruction 4,777.57 12/20/2022 4160-49300-63010 Pymt 5 Final Oak Bluff Park B -Ball Court 119.09 12/20/2022 4150-49300-63010 Pymt5 Final Veterans Memorial Blvd Parking Area 740.44 12/20/2022 4303-49300-63010 Check Total: 15,931.96 Vendor: NussTrek Nuss Truck & Equipment Check Sequence: 9 ACH Enabled: False Stock#MM 1164 Chassis for Plow Truck 115,663.59 12/20/2022 421549300-65400 Stock #MM 1167 Chassis for Plow Truck 115,663.59 12/20/2022 4215-49300-65400 Check Total: 231,327.18 Vendor: OPG3 OPG -3, Inc. Check Sequence: 10 ACH Enabled: False 6244 Laserfische Annual Service Renewal 12,980.00 12/20/2022 0101-41420-62305 6244 Laserfische Annual Service Renewal 3,000.00 12/20/2022 0101-42300-62305 AP -Computer Check Proof List by Vendor (12/15/2022 - 4:11 PM) Page 2 Check Total: 15,980.00 Vendor: Remackel Remackel Welding & Mfg. Check Sequence: 1 l ACH Enabled: False 423 Galvanized Parks Trailer Unit #T22-557 24,550.00 12/20/2022 4180-49300-65600 Check Total: 24,550.00 Vendor: SkylSalt Skyline Salt Solutions Check Sequence: 12 ACH Enabled: False 1190 Treat Bulk Salt 28,042.80 12/20/2022 0101-43200-61125 1255 Treat Bulk Salt 11,186.20 12/20/2022 0101-43200-61125 AP -Computer Check Proof List by Vendor (12/15/2022 - 4:11 PM) Page 2 Invoice No Vendor: ViklndPa Pymt 4 - Final Description Check Total: Viking Industrial Painting LLC Tower 42 Reond & Painting Check Total: Total for Check Run: Total of Number of Checks Amount Payment Date Acct Number 39,229.00 Check Sequence: 13 56,387.50 12/20/2022 2510-46500-63010 56,387.50 856,161.96 13 Reference ACH Enabled: False AP -Computer Check Proof List by Vendor (12/15/2022 - 4:11 PM) Page 3 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 Councihnembers Jim Dickinson, City Lee Brezinka, Finance Manager Adopt 2023 Fee Ordinance December 20, 2022 INTRODUCTION Each year staff reviews the fees that are charged for various permits, licenses, service charges and other items and recommends changes to certain fees. The proposed 2023 Fee Ordinance is attached. Additions are highlighted in red and deletions are designated with a strike -through. Included are utility rate adjustments approved through the Capital Improvement Plan rate analysis. BUDGET IMPACT This will establish the 2023 Fee Ordinance used to charge for various permits, licenses, service charges and other items. ACTION REQUESTED The Andover City Council is requested to adopt the attached Fee Ordinance for 2023 effective January 1, 2023 and the summary of the ordinance for publication. Respectfully submitted, ie�_e ?-t Lee Brezinka Attachments: 2023 Fee Ordinance Summary of 2023 Fee Ordinance CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 527 AN ORDINANCE AMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2023 2922. Administration: Administrative Fee: (non -project related activity) 15% of total charges for overhead costs Advertising: Ice Arena Wall Banner— 4x8 $750.00 per year Wall Banner — 8x8 $1,200.00 per year Dasher Board — 3x8 $750.00 per year In Ice Ad $1,500.00 per year Zamboni — full wrap $2,000.00 per year Scoreboard— lighted $1,200.00 per year Scoreboard — non -lighted $1,000.00 per year Field House Wall Banner — 4x8 Wall Rana AF O.,O-.e- OX8 $750.00 per year Scoreboard — 2x8 year $500.00 $350.99 per year Parks Fence Banner $240.00 per a two-year sign agreement Approval/Recording of Deeds: Abstract & Torrens Properties $100.00 Bad Check Fee: $30.00 Building Lease Damage Deposit: $500.00 (If deposit is used for a repair, it must be made whole for the duration of the lease. Cannabinoid License: $500.00 per year Canvasser/Solicitor License: Investigation Fee $25.00 per individual— 30 day license Ord 352 City Code Amendment: $500.00 City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Compliance Order Appeal $50.00 Convenience Fee — In -Person 3.95% of the total charge if over $1,000.00 Convenience Fee — Online Permits 3.95% plus $2.00 rounded up to the nearest dollar Copies: (per sheet) Up to 8 %n" x 14" $0.35 Oversize $0.50 18"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 City Code — paper co $50.00 Page 1 Dog Licensing: $200.00 refundable key/damage/maintenance deposit Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $380.00 - includes mailing labels Commercial Kennel Recording Fees $25.00 + $100.00 refundable key/damage/maintenance deposit Abstract and Torrens $100.00 Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 Facility Use Fees: Sunshine Park Gazebo Rental $30.00 per 4 -hour period Non-Profit/Service Organizations N/C weeknights after 4:30 p.m. Monday - Friday Park Facilities - Athletic Associations $200.00 refundable key/damage/maintenance deposit City Hall Front Conference Room $175.00 per hour Non-Profit/Service Organizations $100.00 refundable key/damage/maintenance deposit For -Profit OrgsBusinesses $25.00 + $100.00 refundable key/damage/maintenance deposit Council Chambers $100.00 per hour Non-Profit/Service Organizations $100.00 refundable key/damage/maintenance deposit For -Profit OrgsBusinesses $25.00 + $100.00 refundable key/damage/maintenance deposit City Hall Lunchroom Non-Profit/Service Organizations $100.00 refundable key/damage/maintenance deposit For -Profit OrgsBusinesses $25.00 + $100.00 refundable key/damage/maintenance deposit Field Lights $200.00 refundable key/damage/maintenance deposit Community Center Ice Rental Prime $235.00 per hour Non -Prime $175.00 per hour Turf Rental $525.00 daily Prime $125.00 per hour Non -Prime $100.00 per hour Field House Rental Prime $64.00 per hour Non -Prime $54.00 per hour Prime $525.00 daily Non -Prime $475.00 daily Track Resident No Charge Non -Resident - Drop -In $2.00 Non -Resident -3 Month $59.00 Non -Resident - 6 Month $99.00 Non -Resident - 12 Month $179.00 Activity Packages - Ice, Turf, Field House Drop -In $5.00 Prepaid Punch Card $25.00 Resis�TScso..s 090a0 Non Resident 10 Pass $50.00 Nen Resident 25 Dass $ Helmet Rental $2.00 Skate Rental $3.00 Skate Sharpening $5.00 Page 2 Birthday Parties Ice Skating $279.00 $199.00 Field House $189.00 $139:09 Field House - Tot Toys $239.00 $179.00 Community/Conference Rooms Local - Non -Profit No Charge Local Business No Charge Resident $25.00/hr for %z room; $45.00/hr for full room Non -Resident $35.00/hr for 1/2 room; $65.00/hr for full room Food/Beverage $50.00 False Alarm Fine: Police $75.00 fee upon receipt of third false alarm notice at an address in one calendar year. Each additional false alarm after the third is $75.00. Fire $150.00 fee upon receipt of third false fire alarm notice at an address in one calendar year. Each additional false fire alarm after the third is $150.00. Garbage Hauler License: $150.00 per year+ $25.00 per truck inspection $50.00 re -inspections per truck Horses: Boarding & Stable Fee of Stray Horses by City Per contracted rate + administrative fee Impoundment of Horses (city ordered) Per contracted rate + administrative fee Transportation trailer rental Per contracted rate + administrative fee illegal Dumping: $100.00 plus the cost of disposal Interest Charge on Past Due Escrows: 18% annually if not paid within 30 days of bill date Liquor: 3.2 % Malt Liquor Off Sale $75.00 per year On Sale $200.00 per year Temporary On Sale $50.00 - 4 day maximum 2:00 a.m. Closing $50.00 per year Intoxicating: Sunday Liquor $200.00 per year On Sale Liquor $5,250.00 per year On Sale Wine $500.00 per year Off Sale Liquor $200.00 per year 2 a.m. Closing $50.00 per year Temporary On -Sale $50.00 - 4 day maximum Brew Pub On -Sale $300.00 Brew Pub Off -Sale $300.00 Small Brewer Off -Sale $300.00 Liquor Comnliance Violations 1s' Violation $750.00 2' Violation $1,500.00 3' Violation $3,000.00 41° Violation Suspension or revocation Maps: Full Size Color Maps 36"x36" $15.00 Custom GIS Mas Time and materials Nota Fee: $3.00 per document Ordinance Violations: City of Andover, 10`s Judicial District Fines for Ordinance Violations - on fele with the City Clerk. Outdoor Food & Beverage Sales/Temp. $25.00 per day Retail Food Establishment: $50.00 per week $100.00 per year Outdoor Party Permit Fee: $10.00 Barricades $50.00 refundable damage deposit Outdoor Promotional Fee -Temporary: $100.00 per event Parking Violations: $50.00, plus any court -imposed fees and/or surcharges Page 3 Street Obstructions: Golf Carts, Motorized Vehicles, Snowmobiles, ATVs, Off -Highway Motorcycles, Abandoned and Disabled Vehicles $50.00 Trailer Parkin Pawnbroker, secondhand goods dealer, precious (moved from Planning) metal License: New $5,500.00 per year Renewal $5,000.00 per year Peddler License: $100.00 — 30 day license Project Recovery Rate Factor: Engineering Inspection Services 2.9 x hourly rate City Staff Services 2.0 x hourly rate (All projects directly related to staff time. All public & private improvementprojects.) Searches: Special Assessment $25.00 each Therapeutic Massage Establishment **: All fees include investigation fee Single Application Fee $200.00 Corporate Application Fee $300.00 Partnership Application Fee $300.00 Renewal Fee $150.00 ** Residential Application Requires a Conditional Use Permit Therapeutic Massage Therapist: $175.00 annually Tobacco License: Admin & Enforcement $250.00 Tobacco Compliance Violations 1� Violation $75.00 20d Violation within 24 months $200.00 3'd Violation within 24 months $250.00 in addition to license suspension for not less than 7 days Individual selling to a minor $50.00 Transient Merchant License: $50.00 - 7 day license Tree Trimmer License: Commercial License Fee $50.00 per year Vehicle Sales License: $105.00 per year Page 4 BUILDING INSPECTION & PERMIT FEES I Permit Refund 1 20% of Permit Fee I BUILDING PERMIT FEES: Valuation Based BuildingPermit Fees Building Permit 1997 Uniform Building Permit Fee Schedule as Extracted from the 1997 Uniform Building Code, Table No. 1-A (Fees are to be based Complete HVAC $175.00 Combination Permit (Does not include Gas Fireplaces -permitted separately, see below) on Building Valuation as determined by current State of Minnesota Building Valuation Data and Buildine Official) Plan Review If building valuation exceeds $1,000 and a plan is required to be submitted, a plan review fee of 65% of the building permit fee must be paid in addition to the building permit fee. (Except as per MN Rules 1300.0160, Subp. 5 for similar plans after the first submittal, a 25% plan reviewfee may be paid) Agricultural Land Use Permit 25.00 $ Fixed Fee Basement Finish Permit $200.00 House Moving Permit $200.00 Mechanical Permits Roofing, Siding, Window or Door Replacement Permit $90.00 Fixed Fee Demolition Permit Single Family Dwelling $150.00 Building Permits Commercial Mechanical Two-family Dwelling $200.00 Residential Garage $90.00 Permit Thermal Heating /Cooling, Boiler, In -Floor Heating & Boiler, Exhaust Fan, Direct Fired Agricultural Structures $90.00 Heater, Unit Heater, Heat Pump, Commercial Hood, Make -Up Air Unit, and other Multifamily Structures: 1st Two Units $200.00 mechanical a ui ment Commercial Mechanical Each Additional Unit $50.00 Plan Review Commercial/Industrial $300.00 State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, in addition to the building permit fee. MECHANICAL PERMIT FEES: Page 5 New Residential Complete HVAC $175.00 Combination Permit (Does not include Gas Fireplaces -permitted separately, see below) Existing Residential $90.00 per Fixture Repair/Replacement ("Fixture" includes: Heating/Air Conditioning Combination, Air to Air Exchanger, Gas Fixed Fee Mechanical Permit Fireplace, Geo -7hermaI Heating/Cooling, Boiler, /n -Floor Heating & Boiler, Exhaust Fan, Direct Fired Heater, Unit Heater, Heat Pump and other mechanical a ui ment Mechanical Permits $90.00 per Fixture or 1.5% of job valuation, whichever is greater Commercial Mechanical ("Fixture " includes: Furnace, Air Conditioning, Air to Air Exchanger, GasFireplace, Geo - Permit Thermal Heating /Cooling, Boiler, In -Floor Heating & Boiler, Exhaust Fan, Direct Fired Heater, Unit Heater, Heat Pump, Commercial Hood, Make -Up Air Unit, and other mechanical a ui ment Commercial Mechanical 10% of permit fee when job valuation exceeds $50,000 Plan Review Gas Piping Permit - Not $90.00 minimum or $15.00 per gas opening, whichever is greater Associated With A Fixture State Surcharge: State Surcharge must be paid per MN Statutes 32613.148, in addition to the building permit fee. Page 5 PLUMBING PERMIT FEES: Page 6 New Single Family Residential Plumbing Permit $175.00 Commercial & Residential Plumbing Permit $90.00 minimum or $15.00 per opening or fixture, whichever is greater ("Fixture " includes all plumbingfixmres regulated by the Minnesota Plumbing Code; and, "Opening" includes water supply or wastepiping installedfor afuturefuture. J Commercial Plumbing Water distribution and drain, waste and vent systems, including Plan Review interceptors, separators, or catch basins: 26 to 50 drainage fixture units $250.00 51 to 150 drainage fixture units $350.00 151 to 249 drainage fixture units $500.00 250 or more drainage fixture units $3.00 per drainage fixture unit to a maximum or $4,000.00 Interceptor, separator, or catch basin: $70.00 Building sewer service only: $150.00 Building water service only: $150.00 Fixed Fee Plumbing Permits Building water distribution system only, no drainage system: $5.00 per supply fixture unit or $150.00 whichever is greater Storm drainage system a minimum fee of: $150.00, or $50.00 per drain opening, up to a maximum of $500.00, and $70.00 per interceptor, separator, or catch basin Manufactured home park or campground: 1 to 25 sites $300.00 26 to 50 sites $350.00 51 to 125 sites $400.00 more than 125 sites $500.00 Water Heater or Water Softener, New or $60.00 Replacement Gas Piping Permit Not Associated With A Fixture $90.00 minimum or $15.00 per gas opening, whichever is greater Landscape Irrigation System Backflow Preventer $60.00 Installation State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, in addition to the building permit fee. Page 6 ELECTRICAL PERMIT FEES: RESIDENTIAL — ONE & TWO FAMILY; TOWNHOMES New Residential Per Living Unit, Includes thirty (30) new circuits and/ Electrical Service or feeders per service, and three (3) inspection trips. $190.00 Electrical Service Alteration - Includes one (1) inspection trip. (Work Examples Include: Power Supply/Feeder to $45.00 Separate Structure/Detached Garage, Electrical Service Upgrade / Repair/ Replacement, Riser/Mast, Meter Socket. New Circuits / Feeders, Remodeling, Additions - Includes 10 circuits / feeders and two (2) inspection trips. (Work $90.00 Examples Include: Subpanel Addition, Basement Finish Swimming Pool/Spa, Solar Electric, Remodeling and Existing Residential Additions) Electrical Service Replacement or Alteration of Hard -Wired Equipment / Appliance - Includes one (1) inspection trip. (Work Examples $45.00 Include: Water Heater, HVAC/ FumaceBoiler, Air Conditioning, Baseboard or Radiant Heat, Pumps, Appliances, Machinery and Equipment) Residential — Additional Circuits/Feeders $9.00 each Residential — Additional Per Inspection Trip Charges $45.00 each Residential — Electrical Work Without A Permit Double the Permit Fee Residential — Panel Change Out $110.00 MULTIFAMILY / COMMERCIAL / INDUSTRIAL / INSTITUTIONAL New Commercial Per Individual Service; Includes three (3) inspection trips, but Electrical Service NO CIRCUITS OR FEEDERS are included. $150.00 Electrical Service Alteration - Includes one (1) inspection trip (Work Examples Include: Power Supply/Feeder to Separate $80.00 Structure OR Tenant Space, Electrical Service Upgrade / Repair / Replacement, Riser/Mast Meter Socket New Circuits / Feeders, Remodeling, Additions - Includes two (2) inspection trips, but NO CIRCUITS OR FEEDERS are $95.00 included. (Work Examples Include: Electrical Panel Change - out, Subpanel Addition, Tenant Finish, Swimming Pool/Spa, Existing Commercial Solar Electric Remodeling and Additions Electrical Service Replacement or Alteration of Hard -Wired Equipment / Appliance - Includes one (1) inspection trip. (Work $45.00 Examples Include: Water Heater, HVAC/ Furnace/Boiler, Air Conditioning, Baseboard or Radiant Heat, Pumps, Appliances, Machinery and Equipment) Page 7 ON-SITE SEWAGE TREATMENT SYSTEM PERMIT FEES: Septic System New or Repair Multifamily Units With Common Service — Per Apartment or $250.00 New - Mount or Bed System Condominium Unit - Includes one (1) inspection trip. $80.00 $200.00 NOTE: $20.00 1. Add in one new commercial service above, 2. Add in total number of dwelling units here; 3. Add in total number of circuits below; then 4. Add in total number of expected inspection trip Special Commercial charges below. Electrical Fire Alarm, Fire Sprinkler Monitoring, Remote Control, Installations Signal Circuit - Less Than 50 Volts Includes 81152 circuits $45.00 and inspections. Additional Devices $0.85 per device Traffic Signal -- Includes all circuits and inspections. $225.00 Transformer (Light / Heat / Power) -- includes all circuits and $ 45.00 inspections. Commercial — Additional Circuits / Feeders $9.00 each Commercial — Additional Per Inspection Tri Charges $45.00 each Commercial — Electrical Work Without A Permit Double the Permit Fee 0 watts to and including 5,000 watts $90.00 Residential and 5,001 watts to and including 10,000 watts $150.00 Commercial Solar 10,00 1 watts to and including 20,000 watts $225.00 Electric / Photo 20,001 watts to and including 30,000 watts $300.00 Voltaic Installation 30,001 watts to and including 40,000 watts $375.00 Permit Fees 40,001 watts to and including 1,000,000 watts $375.00 and $25.00 for each additional 10,000 watts over 40,000 watts NOTE: IN 1,000,000 watts to 5,000,000 watts $2,650.00 and $15.00 for each ADDITIONTOAN additional 10,000 watts over 1,000,000 ELECTRICAL watts PERMIT, A BUILDING PERMIT 5,000,000 watts and larger $8,650.00 and $10.00 for each IS REQUIRED FOR additional 10,000 watts over 5,000,000 THE INSTALLATION watts OFA SOLAR ELECTRIC/PHOTO VOLTAIC INSTALLATION For the purpose ofsolar electric/PV permit fees, the watt rating is the total estimated alternating current (AC) energy output of the solar system. The total direct current DC energy output is not used. The solar electric/PV permit fees include inverters, modules, panels, combiners, converters, charge controllers, disconnecting means and electrical conductors between the inverter and the ac panel board for stand-alone solar PV systems, or the conductors between the inverter and the service equipment or otherpowerproduction, distribution and utilization system, such as a utility stem and its connected loads, that is external to and not controlled by the solar PV power system. In addition to solar electric/PV permit fees, additional inspection fees may be charged on large-scale projects for additional electrical infrastructure between the inverter output circuit and the electrical production and distribution network. Solar electric/PV permit fees must be calculated according to Minnesota Statutes 326B.37. subd. 2 3. 4 and 6. paragraphs (d) (fl (i). and (k). State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, in addition to the building permit fee. ON-SITE SEWAGE TREATMENT SYSTEM PERMIT FEES: Septic System New or Repair New - At Grade System $250.00 New - Mount or Bed System $250.00 Repair— Existing System $200.00 Pumping $20.00 Page 8 CONTRACTOR LICENSE FEES: Contractor License Verification Fee $5.00 Contractor License $50.00 SITE DEVELOPMENT FEES: BUILDING DEPARTMENT ESCROWS: Grading Inspection Fees: (engineering) 1st & 2nd No Charge Topsoil, Seed & Mulch 18 ft. wide (Rural lot) $0.20 per sq. ft Front Yard Sod or Seed $ Urban Lot 3,000.00 3rd $75.00 Retaining Wall $50.00 per sq. R. Driveway (Urban lot) $5,000.00 4th $125.00 Steps $100.00 per riser Sidewalk $4.00 per sq. ft. 5th & subseq. $150.00 Trees $900.00 $x50:00 Structure with fire suppression systems 1st & 2nd $75.00 $50,80 each Single Family & Multifamily Escrow Inspection Fee 3rd $100.00 $75.00 Single Family & Multifamily License Reinstatement After Revocation, 4th $150.00 $12.5,00 Reinstatement Fee Suspension, Denial or Non -Renewal by the City 5th & subse . $200.00 &1-50:00 BUILDING DEPARTMENT ESCROWS: RENTAL HOUSING LICENSE FEES: Single -Family Rental Housing License SEE ORDINANCE As -Built Survey $1,000.00 $800.80 Grading & Erosion Control $3,000.00 &2400:80 Topsoil, Seed & Mulch 18 ft. wide (Rural lot) $0.20 per sq. ft Front Yard Sod or Seed $ Urban Lot 3,000.00 Temporary Site Stabilization #ydFe-seeding in addition to sod escrow)$500.00 Retaining Wall $50.00 per sq. R. Driveway (Urban lot) $5,000.00 Driveway Apron (Rural lot) $1,000.00 Steps $100.00 per riser Sidewalk $4.00 per sq. ft. Garage Floor $4.00 per sq. ft. Trees $900.00 $x50:00 Structure with fire suppression systems Swimming Pool Fence $1,500.00 RENTAL HOUSING LICENSE FEES: Single -Family Rental Housing License SEE ORDINANCE Two -Year Rental License & Inspection Fee $50.00 per unit Multifamily Rental Housing Two -Year Rental License & Inspection Fee - $75.00 per licensed unit License (SEE ORDINANCE) Structure without fire suppression systems (except owner occupied) Two -Year Rental License & Inspection Fee - $52.00 per licensed unit $1,000.00 per dwelling unit Structure with fire suppression systems (except owner occupied) Single Family & Multifamily Re -inspection — Fee Per Valid Complaint $50.00 per re -inspection Single Family & Multifamily License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council SOBER HOUSE LICENSE FEES: Saber House License SEE ORDINANCE One -Year License & Inspection Fee $75.00 per unit Sober House License Re -inspection — Fee Per Vatid Complaint $50.00 per re -inspection Sober House License License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council Page 9 Engineering Curb Cut Permit & Secondary Driveway: $50.00 permit and $600.00 refundable deposit. Note: Deposit will be refunded once requirements are inspected and approved. Encroachment Agreement Fee: $200.00 Fence Plan Check): $75.00 $3580 Flood Zone Search/Map: $15.00 Illicit Discharge: Grass Clipping Cleanup $75.00 $50:80 Temporary Site Stabilization (Erosion Control) $1,000.00 per acre for Developments, of Home Building Sites and Existing Lots Retaining Wall(Plan Check): $75.00 $3580 Rights -of -Way Permit Fee Structure: Annual Registration Fee $50.00 Excavation Permit Fee $200.00 Per Add'1 Excavation (paved area) $30.00 Per Add'1 Excavation (unpaved area) $15.00 Trench Fee Underground Utility/Telecom Installation $40.00 per 100 L.F. Directional Boring or Tunneling (in addition to excavation permit fee) Underground Utility/Telecom Installation Open $55.00 per 100 L.F. Trenching (in addition to excavation permit fee) Overhead Utility/Telecom Installation (in addition $5.00 per 100 L.F. to excavation permit fee) Obstruction Permit Fee $50.00 Permit Extension Fee $55.00 Annual Mapping Fee $10.00 per Permit ($0.00 if in the City format) Delay Penalty (up to 3 days late) $60.00 (each day late over 3 days) Plus $10.00 per Day Individual Service Work in the Right -of -Way $250.00 annual fee or $10.00 per service Work within the ROW without a permit Double the permit fee Per Lot Fee (Can be used as an alternative for new developments) Urban Rural Connexus Energy $31.00 per lot $35.00 per lot CenterPoint Energy Reliant Energy $39.00 per lot $60.00 per lot CenturyLink Qwest $24.00 per lot $40.00 per lot Comcast A Tom. T $34.00 per lot $47.00 per lot Special Assessment Costs (Estimated): See Development Contract Escrows Street Opening Permit Sewer & Water): $350.00 - Permit & Engineering Inspection Trail Fee (Bikeway/Pathway): Residential $1,039.00 $983.09 per unit Internal Trails (New Plats) Developer's Responsibility Commercial/Industrial Developer's Responsibility Collected pursuant to development contract or Council resolution Vacation of Easement $200.00 - Includes mailing labels Recording Fee: Abstract and Torrents $100.00 Page 10 CITY INSTALLED IMPROVEMENTS Part A of Development Contract 1. Developer's Improvements Costs • Erosion Control.............................................................................................................$3,000.00 $1,009.00 • Tree Protection..............................................................................................................$2,000.00$1000.00 • Street Sweeping..............................................................................................................................$1,000.00 • Iron Monuments..................................................................................................... $150.00$100.0 per Lot • Grading, Clearing & Grubbing Certification, As-Builts .............................. Value of Work Not Completed • Tree Removal................................................................................................................$2,000.00 $1,000.08 • Installation of Street Lights......................................................................... Value of Work Not Completed • Grading Certification & As-Builts................................................................................$4,000.00 $3300.0 • Landscaping Improvements (if required) .................................................... Value of Work Not Completed • Sodding of Boulevard (if required in common areas) ................................. Value of Work Not Completed • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 150% to establish the Developer's Security for the project. Part B of Development Contract 1. Developer's Improvements Costs • Streets & Utilities (Based on Developer's estimated construction cost) .............................. Value of Work • Trails/Sidewalks...........................................................................................Value of Work • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 105% to establish the Developer's Security for the project. 2. Proiect Security Requirements Prior to Final Street & Utility Plans & Specifications are as follows: a. Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. Special Assessment Costs (estimated) 1. Estimated Construction Costs (costs vary according to project requirements): ✓ Lateral Sanitary Sewer ✓ Storm Sewer ✓ Trunk Sanitary Sewer ✓ Streets ✓ Lateral Water Main ✓ Sidewalks ✓ Trunk Water Main ✓ Other All project cost estimates are identified within the project feasibility report. The construction cost estimates are based on current industry construction cost standards. The final construction costs are based on competitive bids and final construction quantities. Development of Street & Utility Feasibility Report ..........................................................$8,000.00 2. Estimated Project Expenses: ✓ Engineering - The estimate is based upon project size, scope and complexity. The amount assessed is based upon billable hourly rates times project recovery rate factor. ✓ Aerial Mapping - 1% of Street. The estimate is based upon 1% of the value of the street construction. The final value is based upon 1% of the final street costs. ✓ Administration - 3%. The estimate is based upon 3% of the estimated construction cost. The final value is based upon 3% of the final construction cost. ✓ Assessing - 1 %. The estimate is based upon 1 % of the estimated construction cost. The final value is based upon 1 % of the final construction cost. ✓ Legal - Legal costs will be actual billing. ✓ Easement - Estimates are project -specific. ✓ Advertising—Project specific. Page 11 ✓ City Costs - Includes inspection and city related project costs. ✓ Street Signs -The cost is based upon the size of the project. See Signs under the Public Works section for cost determination. ✓ Construction Interest — Rate is determined at time of project estimate. ✓ Bonding - 0.5% of total project cost. ✓ Drainage Plan - 0.3% of street & storm sewer costs. ✓ County Road Improvement Fee (if applicable) — Project -specific, determined at Preliminary or Final Plat 3. Crack Seal & Pavement Seal: $2.00 $1-:00 x sq. yd. of paved street surface. DEVELOPER INSTALLED IMPROVEMENTS Part A of Development Contract 1. Developer's Improvements Costs • Erosion Control .............................................................................................................$3,000.00$1;800:90 • Tree Protection..............................................................................................................$2,000.00 $1,000.90 • Street Sweeping..............................................................................................................................$1,000.00 • Iron Monuments..................................................................................................... $150.00$100.0 per Lot • Grading, Clearing & Grubbing Certification, As-Builts .............................. Value of Work Not Completed • Tree Removal................................................................................................................$2,000.00 $1,000.00 • Installation of Street Lights......................................................................... Value of Work Not Completed • Grading Certification & As-Builts................................................................................$4,000.00 $3,500.09 • Landscaping Improvements (if required) .................................................... Value of Work Not Completed • Sodding of Boulevard (if required in common areas) ................................. Value of Work Not Completed • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 150% to establish the Developer's Security for the project. Part B of Development Contract 1. Developer's Improvements Costs • Streets & Utilities (Based on Developer's estimated construction cost) ................... Value of Work • Trails/Sidewalks................................................................................Value of Work • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 105% to establish the Developer's Security for the project. Project Expenses 1. Proiect Exoenses — collection of expenses will be outlined in the development contract a¢reed to before street and utilitv construction can besin: ✓ Aerial Mapping - 1% of Street. The estimate is based upon I% of the value of the street construction. The final value is based upon 1% of the final street costs. ✓ Administration - 2%. The estimate is based upon 2% of the estimated construction cost. The final value is based upon 2% of the final construction cost. ✓ Crack Seal & Pavement Seal - $2.00 $L80 x sq. yd. of paved street surface. ✓ *Water Area Charge — Refer to Water Fees, Page 20 ✓ * Water Connection Fee - Refer to Water Fees, Page 20 ✓ * Sanitary Sewer Area Charge — Refer to Sanitary Sewer Fees, Page 19 ✓ * Sanitary Sewer Connection Fee - Refer to Sanitary Sewer Fees, Page 19 ✓ * Sanitary Sewer Lift Station Connection Fee (if applicable) — Refer to Sanitary Sewer Fees, Page 19 ✓ * Sanitary Sewer 2°" Lift Station Connection Fee (if applicable) — Refer to Sanitary Sewer Fees, Page 19 ✓ * Sanitary Sewer & Water Main Railroad Crossing Fee — Refer to Sanitary Sewer Fees, Page 19 ✓ County Road Improvement Fee (if applicable) — Project specific, determined at Preliminary or Final Plat Page 12 2. Proiect Security Requirements Prior to Final Street & Utility Plans & Specifications are as follows: a. Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. 3. City Costs includine eneineerinp(design), inspection and City related proiect costs The amount of expenses shall be invoiced to the developer as work is completed. Page 13 Fire Accident Response Fees **: Each Fire Engine/Pumper/Tender $300.00 per hour Each Utility Vehicle or Pickup $150.00 per hour Ladder / Aerial Truck $545.00 per hour 6 -wheel ATV $75.00 per hour Each Firefighter $20.00 each, per hour Chief(s) response $135.00 per hour Fire Marshal response $110.00 per hour ** Fees would be charged to the insurance companies of the parties involved. Fire officer would collect information needed to charge on the scene. The resident should the insurance company not pay, will not be responsible for the charges. Copies of Fire Reports: $25.00 Building and Fire Re -inspection Fees: $100.00 per hour Burning Permits: $30.00 Fire & Pyrotechnics Special Effects: $300.00 Gas Pipeline Response Fees **: Each Fire Engine/Pumper/Tender $300.00 per hour Each Utility Vehicle or Pickup, $150.00 per hour Ladder / Aerial Truck $545.00 per hour 6 -wheel ATV $75.00 per hour Each Firefighter $20.00 each, per hour Chiefs) response $135.00 per hour Fire Marshal response $110.00 per hour ** This fee would be charged to contractors or sub -contractors who hit properly marked gas lines. Charges would not apply to residents who hit a gas line. Home Occupation Inspections: $100.00 per hour Inspection Fees: Aboveground Storage Tanks Permit Fee — 1.25% of total project value (minimum $100.00). Plan Review Fee — 65% of permit fee (minimum $100.00). Commercial Hood Extinguishing Systems Permit Fee —1.25% of total project value (minimum $100.00). (plan review, permit, inspection, modification) Plan Review Fee — 65% of permit fee (minimum $100.00). Day Care Licensing Inspections $50.00 per inspection (includes 1 re -inspection) Fire Alarm Systems (plan review, permit, Permit Fee — 1.25% of total project value (minimum $100.00). inspection, modification) Plan Review Fee — 65% of permit fee (minimum $100.00). Fire Sprinkler Monitoring Systems (plan Permit Fee — 1.25% of total project value (minimum $100.00). review, permit, inspection, modification) Plan Review Fee — 65% of permit fee (minimum $100.00). Fire Sprinkler Systems (plan review, Permit Fee — 1.25% of total project value (minimum $100.00). permit, inspection, modifications) Plan Review Fee — 65% of permit fee (minimum $100.00). Underground Storage tanks (plan review, Permit Fee — 1.25% of total project value (minimum $100.00). install and removal) Plan Review Fee — 65% of permit fee minimum $100.00). Other Inspections as Requested: $100.00 per hour Special Investigation as Requested: $100.00 per hour Page 14 Parks Ball Field Usage: Adult Rec Play $75.00 per team, per season $10.00 additional, per player, non-resident fee Youth Rec Play $0.00 per team, per person $0.00 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non -lighted Field without Lights (Private Use) $15.00 per hour or $75.00 per day Field with Lights (Private Use) $20.00 per hour or $100.00 per day Rental Equipment for Tournament Linter $6.00 per tournament Lime $7.00 per bag Drag $3.00 per tournament Hose and Nozzle $3.00 per tournament Batter's Box $3.00 per tournament Tournaments No Field Maintenance/Adult $275.00 tournament fee for the park plus $200.00 field usage fee per field No Field Maintenance/Youth $275.00 tournament fee for the park plus $100.00 field usage fee per field for youth organizations not affiliated with Andover Youth With Field Maintenance/Adult $650.00 tournament fee for the park plus $200.00 field usage fee per field plus $300.00 escrow per field for additional maintenance (see tournament app.) With Field Maintenance/Youth $650.00 tournament fee for the park plus $100.00 field usage fee per field for youth organizations not affiliated with Andover Youth Note: 1 day tournaments will be charged 75% of the tournament and field usage fee. Hockey Rink Usage: Adult Rec Play $75.00 per team, per season $10.00 additional, per player, non-resident fee Youth Rec Play $0.00 per team, per person $0.00 additional, per player, non-resident fee Note: Includes the use of rinks for both lighted and non -lighted Rink without Lights (Private Use) $15.00 per hour or $75.00 per day Rink with Lights (Private Use) $20.00 per hour or $100.00 per day Tournaments No Rink Maintenance/Adult $200.00 tournament fee for the rink or rinks plus $100.00 rink usage fee per rink Page 15 No Rink Maintenance/Youth $200.00 tournament fee for the rink or rinks plus $100.00 rink usage fee per rink for youth organizations not affiliated with Andover youth With Rink Maintenance/Adult $400.00 tournament fee for the rink or rinks plus $100.00 rink usage fee per rink plus $300.00 escrow per rink for additional maintenance (see tournament app.) With Rink Maintenance/Youth $400.00 tournament fee for the rink or rinks plus $100.00 rink usage fee per rink for youth organizations not affiliated with Andover youth plus $300.00 escrow per rink for additional maintenance (see tournament app.) Note: 1 day tournaments will be charged 75% of the tournament and rink usage fee. Park Dedication Fees: Single Family Residences $5,079.00 $4,806.00 per unit Town Home and Twin Home $5,079.00$4,806.0 per unit Apartment (Multi -Family) $5,079.00 $4,806,00 per unit Lot Splits $5,079.00 $4,806,00 per unit Commercial/Industrial $15,236.00 $14,447.00 per acre or 10% of market value of land, whichever is less (per Ord. 10 Sec.9.07.5) Collected pursuant to development contract or Council resolution Vehicle Rental — Truckster: $50.00 per day and $350.00 refundable damage deposit Page 16 Planning Adult Use Business License: $8,000.00 per year see ordinance Commercial Site Plan Review: Escrow for services & agree to reimburse city for $1,500.00 for small projects less than 5,000 sq. ft. services provided. $2,000.00 for projects between 5,000 and 10,000 sq. ft. $2,500.00 for projects 10,000 sq. ft. and greater Billable Staff Time x Project Recovery Rate Factor 2.0 Comprehensive Plan Amendment: $500.00 - Includes mailing labels Public Notification Sign $30.00 $1,000.00 - Comprehensive Plan Escrow Conditional Use Permit: Commercial $1,000.00 escrow - to facilitate ARC review Residential $350.00 - Includes mailing labels Amended Conditional Use Permit $350.00 $200:90 - Includes mailing labels; $1,000.00 escrow if commercial Public Notification Sign $30.00 Recording Fee $100.00 Interim Use Permit: $350.00 - Includes mailing labels Amended Interim Use Permit $350.00 $290.00 - Includes mailing labels Recording Fee $100.00 Public Notification Sign $30.00 Land Reclamation or Mining $1,000.00 escrow Lot Split Fee: Lot Split $400.00 - Includes mailing labels Public Notification Sign $30.00 Administrative Lot Split $200.00 - 5 acres or more Lot Split Escrow Deposit $400.00 to cover additional costs Lot Line Adjustment Fee: $350.00 $130,00 , ptnt„ -t ....: -New n Onewal -co..vwm (Moved to Administration) $5,300.00 perYeae 00 Planned Unit Development Fee: $350.00 - Includes mailing labels PUD Review Fee $1,000 escrow for services & agree to reimburse city for all services provided. Billable Staff time x Project Recovery Rate Factor (2.0) Amended PUD Review Fee $350.00 - Includes mailing labels $1,000 escrow for services & agree to reimburse city for all services provided. Billable Staff time x Project Recovery Rate Factor (2.0) Public Notification Sin $30.00 Plat Fees: Sketch Plan Fee $1,000 escrow for services & agree to reimburse city for all services provided. Billable Staff time x Project Recovery Rate Factor (2.0) Preliminary Plat Filing Fee $400.00 Final Plat Fee $350.00 $130,90 Plat Escrow Deposit Urban Lot $400.00 per lot Rural Lot $750.00 per lot Commercial $1,000.00 per lot Public Notification Sin $30.00 Re -zoning: $350.00 - Includes mailing labels Public Notification Sin $30.00 Sign Permit: $2.00 per square foot/side $4.00 per square foot per side erected without permit if approved Towers & Antennas: Application Fee Conditional Use $3,000.00 escrow - Includes mailing labels Application Fee Conditional Use - Water Tower $8,500.00 $8,00090 escrow - Includes mailing labels Small Cell Facilities $1,500.00 permit application fee Lease Rates Negotiated Page 17 Public Notification Sin $30.00 Variances: Zoning Ordinance Variance Requests $350.00 Public Notification Sign $30.00 Recording Fee $100.00 Zoning Letter: $75.00 WAG Zoning Ordinance Amendment: $500.00 Page 18 Public Works Service Charges: $62.67 $3930 per front foot Equipment Fee $150.00 per hour (minimum charge %z hour) Labor Billable hourly rate times project recovery rate factor Non -Emergency After Hours Call In $100.00 minimum Signs: $485.00 $466.00 per unit Materials Cost plus administrative fee Labor Billable hourly rate times project recovery rate factor Sanitary Sewer Laterals: $62.67 $3930 per front foot Plumbing: Homeowner contracts for Sanitary Sewer Rates: Sewer Area Charge $1,797.00 $1,728.0 per acre Sewer Connection Fee $485.00 $466.00 per unit Commercial Connection Fee Rate = 1 connection fee for each SAC unit Sanitary Sewer Extra Depth Lateral Fee: South Coon Creek Drive Sewer Connection $59,138.00 plus cost index percentage (Engineers News Record) dated back N/A to December 2012. Constructed with City Project #11-10. Sanitary Sewer Lift Station Connection Fee: $9.75 $930 Fox Hollow Lift Station $322.00 $305.09 per unit Shadowbrook Lift Station $1,398.00 $1,323.0 per unit Chesterton Commons Lift Station (Lift Station #4) $794.00 $751.00 per unit Constance Comers Lift Station (Lift Station #6) A z4es L'siates Lift Stats n (Lift Station #f\ $1,384.00$1,310.0 per unit $57,3 45.90 plus eenstruetion eest index peFeentage dated baek to jan. 2004 Sanitary Sewer & Water Main Railroad $25.70 $25.9 Crossing Fee 161" Avenue: $298.00 $282:00 per unit Service Connection/Inspection Fee: $90.00 Sewer Availability Charge - Met Council Fee: $2,485.00 Sewer Contracting: N/A Equipment Fee $150.00 per hour Labor Fee Billable hourly rate times project recovery rate factor Sewer Usage Rates: Monthly Ouarterl Sewer Usage Rate $22.40 $2130 $65.52 $63.00 Senior Citizen Reduced Rate* $1120 $10.75 $32.76 $31.59 Disabled Persons Reduced Rate* $11.20 $40.75 $32.76 $3439 Penalty/Late Payment 18% annually *must meet income eligibility Storm Water Storm Water Utility Fee: Monthl Quarterl Zoning Category: Single Family Urban (per unit) $4.35 $4-.M $12.56 $12.25 Single Family Rural, Estates, Suburban $4.35S4.45 $12.56 $12.23 & Farmstead (per unit) Manufactured Housing N/A N/A Multiple Dwelling (per acre) $9.75 $930 $28.32 $273 Business, Comm. Industrial & Public (per acre) N/A $54.62 $53.29 Developed Parks (per unit) N/A $12.56 $1235 Elementary & Middle Schools (per acre) N/A $25.70 $25.9 High Schools (per acre) N/A $25.70 $25.07 Religious Institutions (per acre) N/A $25.70 $25.07 Undeveloped Open Space N/A N/A Page 19 Water Hydrant Meter Deposit & Rental Rates: Deposit Rental Rate 3/4" hydrant meter setup $250.00 $4.00 per day for the first 7 days $2.00 per day thereafter for full rental period 3" hydrant meter setup $1,300.00 $5.00 per day for the fust 30 days $3.00 per day thereafter for full rental period Hydrant Use: Deposit as stated aboveplus standard water rates Laterals: $62.67 $3939 per front foot Manual Meter Reading: $50.00 perread Service Charges: Labor Billable hourly rate times project recovery rate factor Testing 0 to 6" Meters Cost plus administrative fee Violation Penalties: Mav I" through August 31" l" Penalty Warning 2" Penalty $100.00 3rd Penalty $200.00 4" Penalty $200.00 & Turned over to the City Attorney for criminal prosecution. Unit Connection Charges: Residential $5,883.00$5,657.0 per unit Non-residential and Institutional (Land owned $17,647.00 $16,968.00 per acre or operated by municipal, school district, county, state or other governmental agencies) Water Area Charges: Residential and Commercial $5,389.00 $6482:00 per acre Water Meter Charges: 3/e" Meter $201.51 $190,32 #2 Hom (for 3/4" meter) $146.80 $933.6 3/a" Meter with #2 Hom/Radio $600.53 $32334 Special Sizes Cost plus administrative fee Water Permit Fees: Service/Connection/Inspection Fee $90.00 Tapping Main $30.00 Disconnection/Reconnection for Non -Repairs $50.00 HVAC $15.00 Re -Inspection all $50.00 perhour Water Usage Rates: Monthly Rate Structure $6.62 $6:43 Base Rate $2.57 $,?3A per 1,000 for 1"6,000 Gallons $2.79"per 1,000 for 6,001 - 16,000 $3.26 $344 per 1,000 for 16,001 - 33,000 $4.19 $408 per 1,000 for 33,001 and above Monthly Minimum $9.56 $9-.P Penalty/Late Payment 18% Annually 4uarterly Rate Structure $15.16 $1439 Base Rate $2.57 $230 per 1,000 for 1" 18,000 Gallons $2.79 $2.72 per 1,000 for 18,001 - 48,000 $3.26 $338 per 1,000 for 48,001 - 99,000 $4.19 $498 per 1,000 for 99,001 and above Quarterly Minimum $19.00 $18.39 Penal /Late Payment 18% Annually Page 20 Street LiAtin Charges: Monthl Ouarterl Urban Residential Areas $2.15 $6.45 Rural Residential Areas $3.65 $10.95 Commercial Property $2.15 $6.45 Adopted by the City Council of the City of Andover this 24' day of December 2022 2924. Attest: Michelle Hartner — Deputy City Clerk Page 21 CITY OF ANDOVER Sheri Bukkila - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. SUMMARY AN ORDINANCE ESTABLISHING PERMIT FEES, SERVICE CHARGES AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover ordains: Section 1. Pursuant to Minnesota Law, the Andover City Code and upon a review by city staff, a fee schedule for city services, permit fees and various other fees is hereby adopted. 2023 Fee Schedule a) The city code of the City of Andover establishes that certain fees be set from time to time by the City Council. b) City staff has reviewed the current Fee Schedule for the City of Andover and is hereby recommending that the 2023 Fee Schedule, which is available for inspection in the office of the City Clerk, be adopted. C) Upon consideration and review by the City Council, the 2023 Fee Schedule is hereby adopted and becomes effective January 1, 2023. Section 2. This ordinance shall be in full force and effect January 1, 2023. Adopted by the City Council of the City of Andover this 20th day of December, 2022. CITY OF ANDOVER Attest: Sheri Bukkila — Mayor Michelle Hartner — Deputy City Clerk 9 C I T Y 0 F kND0V)E9^ 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 Administrat Joe Janish, Community Developme D' ctor W FROM: Jake Griffiths, Associate Planner SUBJECT: Adopt URHL/Mixed Use Comprehensive Plan Amendment — Planning DATE: December 20, 2022 BACKGROUND On August 4, 2022 the City Council approved a resolution authorizing staff to submit a Comprehensive Plan Amendment to the Metropolitan Council for review. The amendment contained two parts: (1) a text amendment to add language to the Urban Residential High Low (URHL) land use district which would allow mixed-use buildings in situations where specific criteria could be met; and, (2) re -guide PID# 23- 32-24-33-0002 & PID# 23-32-24-32-0006 from a mix of GC — General Commercial and URML — Urban Residential Medium Low to entirely within the URHL — Urban Residential High Low land use district. On September 28, 2022 the Metropolitan Council approved the Comprehensive Plan Amendment and . authorized the City of Andover to place the amendment into effect. This item was previously scheduled to go before the City Council as part of the consent agenda at the October 4, 2022 meeting. However, prior to the meeting the applicant requested that the City delay adoption as they continued to have discussions related to market conditions and the land entitlement process. On December 6, 2022 the City was informed by both the applicant and the land owner that they would like to move forward with final adoption of the Comprehensive Plan Amendment. Emails from both parties are attached for review. ACTION REQUESTED The City Council is requested to approve the attached resolution adopting the Comprehensive Plan Amendment. By adopting the Comprehensive Plan Amendment, the related Rezoning request and City Code Amendment will also be placed into effect. �spectfully sub 'tt C Jake Griffiths Associate Planner Attachments Resolution Notice from Metropolitan Council Email from SilverCrest Development, LLC Email from Landowner Representative CC: SilverCrest Development, LLC (Via Email) Winslow and Corinne Holasek Trust (Via Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION ADOPTING AN AMENDMENT TO THE TEXT OF THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE LANGUAGE RELATED TO MIXED-USE DEVELOPMENT WITHIN THE URHL — URBAN RESIDENTIAL HIGH LOW LAND USE DISTRICT AND AN AMENDMENT TO THE FUTURE LAND USE DESIGNATIONS OF PID 23-32-24-33-0002 AND 23-32-24-32-0006 FROM A MIX OF GC — GENERAL COMMERCIAL AND URML — URBAN RESIDENTIAL MEDIUM LOW TO URHL — URBAN RESIDENTIAL HIGH LOW. WHEREAS, the Future Land Use Map shows PID 23-32-24-33-0002 and PID 23-32-24-32-0006 as a mix of GC — General Commercial and URML — Urban Residential Medium Low Density; and, WHEREAS, the City of Andover has received a request to amend the Future Land Use designation of the subject properties from GC/URML to URHL — Urban Residential High Low Density as shown on Exhibit A; and, WHEREAS, the City of Andover has received a request to amend the text of the Comprehensive Land Use Plan as shown on Exhibit B to allow mixed-use development within the URHL land use district provided certain conditions are met; and, WHEREAS, a public hearing was held pursuant to state statutes; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested; and, WHEREAS, on August 4, 2022 the City Council received the recommendation of the Planning & Zoning Commission and by resolution authorized the amendment to be submitted for review to the Metropolitan Council; and, WHEREAS, the proposed Comprehensive Plan Amendment was submitted to the Metropolitan Council for review on August 5, 2022; and, WHEREAS, the Metropolitan Council approved the proposed Comprehensive Plan Amendment on September 28, 2022; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approval from the Metropolitan Council and adopts the Comprehensive Plan Amendment as shown on Exhibit A and Exhibit B. Adopted by the City Council of the City of Andover on this 201h day of December 2022. CITY OF ANDOVER ATTEST: Michelle Harter, Deputy City Clerk Sheri Bukkila, Mayor EXHIBIT A Amendments to City of Andover Future Land Use Map: 1. PID 23-32-24-33-0002 from a mix of GC —General Commercial/URML —Urban Residential Medium Low to URHL — Urban Residential High Low as shown below. 2. PID 23-32-24-32-0006 from a mix of GC — General Commercial/URML — Urban Residential Medium Low to URHL — Urban Residential High Low as shown below. Existing Future Land Use Map Proposed Future Land Use Map EXHIBIT B Amendment to Page 2-12 of the Comprehensive Land Use Plan Urban Residential High -Low Density (URHL) district provides areas suitable for a variety of attached and detached dwelling units. The URHL 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, such as collector and arterial streets. This district allows for higher densities than URM and may be developed in close connection with abutting Neighborhood Commercial uses. These URHL 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. This district also accommodates agricultural land uses. Within the URHL district a limited amount of mixed-use commercial space may be suitable provided that it is integrated within a multi -family building. These types of mixed-use buildings shall only be permitted as part of a PUD to ensure efficient distribution of density and achieve appropriate transitions between uses of different intensity and transportation corridors. In no case may more than 20% of a mixed-use building be used for commercial space within a development within the URHL district. In all situations, any project containing a mixed-use building shall meet the density range of 12-20 units per acre. Minimum Lot Size Variable PUD Density 12-20 units per acre City Utilities Required Corresponding Zoning Districts M-1: Multiple Dwelling Medium Density, (new district) Multiple Dwelling High -Low Density, M-2 Multiple Dwelling High Density Type of Development Single -Family Dwellings, Two -Family Residences, Townhomes and Condominiums with private entrances, Multiple Dwellings, Mixed -Use Multiple Dwellings Containing No More Than 20% Commercial Space *Areas within the Metropolitan Urban Service Area (MUSA) are calculated using net density, areas outside ofthe MUSA are calculated using gross density. A MEoTROPOLITAN September 30, 2022 Jake Griffiths, Associate Planner City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: City of Andover — Andover URHL/Mixed Use Comprehensive Plan Amendment — Post Council Action Metropolitan Council Review File No. 22301-5 Metropolitan Council District No. 9 Dear Jake Griffiths: At its meeting on September 28, 2022, the Metropolitan Council reviewed the City's comprehensive plan amendment, based on the staff report (attached). The first part of the amendment proposes a text change to allow for up to 20% of commercial use in multifamily buildings within the Urban Residential High Low land use district. The second part of the amendment reguides 14 acres from General Commercial (7 acres) and Urban Residential Medium (7 acres) to entirely Urban Residential High Low (12-20 units/acre) land use. The site is located southeast of the Hanson Boulevard and Crosstown Boulevard intersection. The purpose of the amendment is to accommodate future development. The Council found that the amendment conforms to the regional system plans for transportation, wastewater, and parks; is consistent with Thrive MSP 2040 and Council policies; and is compatible with the plans of adjacent jurisdictions. Therefore, the City may place the amendment into effect. A copy of the staff report to the Council is attached for your records. The Council will append the amendment, submission form and supplemental information to the City's plan in the Council's files. If you have any questions regarding the review please contact Eric Wojchik, Principal Reviewer at 651-602- 1330 or via email at Eric.Woichikla@metc.state.mn.us. Sincerely, /� Angela R. Torres, AICP, Senior Manager Local Planning Assistance Attachment CC: Tod Sherman, Development Reviews Coordinator, MnDOT Metro Raymond Zeran, Metropolitan Council District No. 9 Eric Wojchik, Sector Representative/Principal Reviewer Reviews Coordinator N:ICommDevlPAICommunitieslAndoveALetterslAndover 2022 URHL Mixed Use CPA Post Council Action 22301-5.docx 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 1 F 651.602.1550 1 TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer Jake Griffiths From: Jack Collins Sent: Tuesday, December 6, 2022 11:34 AM To: Jake Griffiths Cc: Joe Janish; James Dickinson; Michael Gould Subject: SilverCrest - Andover Project EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Jake, This email is to confirm that SilverCrest Properties and landowner representative, Joe Krekelberg, would like to proceed with the City Council approval of the Comprehensive Plan Amendment. Thank you, Jack Collins SilverCrest Properties Executive Vice President 952-253-3899 Office 210-289-8379 Mobile Jake Griffiths From: James Dickinson Sent: Tuesday, December 6, 2022 8:11 AM To: Jake Griffiths; Joe Janish; Peter Hellegers Subject: FW: Rezoning the SW corner of Hanson & Crosstown Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Julie Krekelberg Date: 12/5/22 9:04 PM (GMT -06:00) To: James Dickinson Cc: Sharon Hastings dam Sandra Ca Joe Krekelbergdow"NAN Subject: Rezoning the SW corner of Hanson & Crosstown IYou don't often get email from iLearn 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. Dear Jim, I'm confirming that my sisters and I want to pursue the rezoning of the SW corner of Hanson and Crosstown as originally proposed by Silvercrest. We are the trustees of the Winslow and Corinne Holasek trusts which own the two parcels. Please put this item on the December 20 city council agenda. Let us know if there is anything more that needs to be done before the council meets. Thanks, Julie Krekelberg 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members (D CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Pub ' or /City Engineer SUBJECT: Approve Designated Contract Process (DCP) Agreement Between MnDOT and the City of Andover — Engineering DATE: December 20, 2022 The City Council is requested to approve the attached DCP agreement and resolution that covers the roles and responsibilities associated with federal aid funds related to transportation construction projects and allows MnDOT to act as a local agency in accepting such funds. DISCUSSION The City of Andover has two federally funded projects, (roundabouts at Nightingale Street/Crosstown Blvd and Nightingale Street/Veterans Memorial Blvd) that will begin design within the next year. To receive federal funds MnDOT must act as the agent in accepting federal funds on the behalf of the City. The DCP agreement spells out the requirements and responsibilities of each agency. Please refer to the attached DCP agreement for the specific details and requirements. COUNCIL ACTION The City Council is requested to approve the attached DCP agreement and resolution. Respectfully submitted, C-0—Ze — David D. Berkowitz, P.E. Attach: Resolution & DCP Agreement CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Andover to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Administer are hereby authorized and directed for and on behalf of the City of Andover to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1052083, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Andover this 20th day of December 2022. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner— Deputy City Clerk MnDOT Contract No. 1052083 DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN CONSTRUCTION This Agreement is entered into by and between City of Andover ("Local Government") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"). 1. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local Government's agent in accepting federal funds on the Local Government's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration ("FHWA") federal funds, hereinafter referred to as the "Project(s)"; and 2. This Agreement is intended to coverall federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it, and 2.1. The Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation ALN as listed on SAM.gov and 2.2. This project is for construction, not research and development. 2.3. MnDOT requires that the terms and conditions of this agency beset forth in an agreement. AGREEMENT TERMS 1. Term of Agreement; Prior Agreement 1.1. Effective Date. This Agreement will be effective on the date that MnDOT obtains all required signatures under Minn. Stat. §16C.05, Subd. 2. This Agreement will remain effective until it is superseded or terminated pursuant to section 14. 2. Local Government's Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds on its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website. 2.2. Staffing. 2.2.1. The Local Government will furnish and assign a publicly employed and licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative, where the Local Government elects to use a private consultant for construction engineering services, the Local Government will provide a qualified, full-time public employee of the Local Government to be in responsible charge of the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, ortransferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. Updated November 7, 2022 MnDOT Contract No. 1052083 2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- principal with respect to the Project(s). 2.3. Pre -letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Project(s). Any Project(s) advertised prior to authorization without permission will not be eligible for federal reimbursement. 2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction contract, which will include all federal -aid provisions supplied by MnDOT. 2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The Local Government will include in the solicitation the required language for federal -aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders and where the Local Government will receive the sealed bids. 2.3.4. The Local Government may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds forthe Project(s). All work included in a federal contract is subject to the same federal requirements as the federal project. 2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6. The Local Government will receive and open bids. 2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the lowest responsible bidder or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal awarding agency or MnDOT in accordance with applicable FHWA policy. 2.4. Contract Administration. 2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction when the contract is awarded and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions of this Agreement, including the applicable federal contract clauses, which are identified in Appendix 11 of 2 CFR 200, Uniform Administrative MnDOT Contract No. 1052083 Requirements, Cost Principles and Audit Requirements for Federal Awards, and as identified in Section 18 of this Agreement. 2.4.2. The Project(s) will be constructed in accordance with the plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer's Office. The plans, special provisions, and specifications are incorporated into this Agreement by reference as though fully set forth herein. 2.4.3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that are in effect at the time the work was performed. 2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The Local Government will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector, as required by the Independent Assurance Schedule. 2.4.6. The Local Government may make changes in the plans orthe character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. 2.5. Limitations. 2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination MnDOT Contract No. 1052083 include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities", which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT's Duties 3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s) and for reimbursement of eligible costs pursuant to the terms of this Agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal -aid clauses to be included in the bid solicitation and will provide the required Federal -aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOTwill review and certify the DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the Project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings 3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this Agreement. The Local Government will make all books, records, and documents pertaining to the work hereunder available for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all time requirements described in this Agreement. In the performance of this Agreement, time is of the essence. 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system orfederal agreement ("end date"). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT at least twenty-four months prior to the end date. S. Payment MnDOT Contract No. 1052083 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed will be used on a provisional basis. At any time during the period of performance or the final audit of a Project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. MnDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified partial estimate. 5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDOT will promptly release any remaining federal funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid, the Local Government must promptly return any excess funds. 5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the Local Government may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this Agreement must comply with 2 CFR 200.306. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for failure to comply with any federal requirements including, but not limited to, 2 CFR Part 200. If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available, the Local Government will be responsible for any and all costs or expenses incurred under this Agreement. The Local Government further agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. MnDOT Contract No. 1052083 5.6. Closeout. The Local Government must liquidate all obligations incurred under this Agreement for each Project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award at least twenty-four months prior to the end date of the period of performance for each Project. MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to MnDOT's satisfaction, as determined at the sole discretion of MnDOT's Authorized Representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representatives 7.1. MnDOTs Authorized Representative is: Name: Kristine Elwood, or her successor. Title: State Aid Engineer Phone: 651-366-4831 Email: Kristine.elwood@state.mn.us MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government's Authorized Representative is: Name: David Berkowitz or their successor. Title: Andover City Engineer Phone: 763-755-5100 Email: d.berkowitz@andovermn.gov If the Local Government's Authorized Representative changes at any time during this Agreement, the Local Government will immediately notify MnDOT. 8. Assignment Amendments, Waiver, and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 8.3. Waiver. If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision or MnDOT's right to subsequently enforce it. 8.4. Agreement Complete. This Agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. MnDOT Contract No. 1052083 8.5. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 8.6. Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 8.7. Certification. By signing this Agreement, the Local Government certifies that it is not suspended or debarred from receiving federal or state awards. 9. Liability and Claims 9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent for acceptance and disbursement of federal funds, and not as a principal or co -principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. To the extent permitted bylaw, the Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.5, the books, records, documents, and accounting procedures and practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 10.2. All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2 CFR 200.400-.476 will be used to determine whether costs are eligible for reimbursement under this Agreement. 10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government's fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13as it applies to all data provided by MnDOT under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Local Government's employees and agents will not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any ad or omission M n DOT Contract No. 1052083 on the part of these employees are in no way MnDOT's obligation or responsibility. 13. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination; Suspension 14.1. Termination by MnDOT. MnDOT may terminate this Agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this Agreement if MnDOT finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MOOT of Minnesota, including the refusal to disburse additional funds and/or requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MOOT may immediately terminate this Agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT's receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this Agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents to disclosure of its social security number, federal employertax identification number, and/or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's contract award on this Project. 17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or MnDOT Contract No. 1052083 any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Federal Contract Clauses 18.1. Appendix 112 CFR Part 200. The Local Government agrees to comply with the following federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third -party contractors, as applicable. In addition, the Local Government shall have the same meaning as "Contractor" in the federal requirements listed below. 18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. 18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 18.1.4. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback' Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public MnDOT Contract No. 1052083 Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. 18.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 18.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18.1.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 18.1.9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 10 M n DOT Contract No. 1052083 18.1.10. Local Government will comply with 2 CFR § 200.323. 18.1.11. Local Government will comply with 2 CFR § 200.216. 18.1.12. Local Government will comply with 2 CFR § 200.322. 18.2. Drug -Free Workplace. The Local Government will comply with the Drug -Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 18.3. Title VI/Non-discrimination Assurances. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non- Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. If federal funds are included in any contract, the Local Government will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Local Government's compliance with this provision. The Local Government must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Local Government staff and officials available for meetings as requested, and correcting any areas of non- compliance as determined by State. 18.4. Buy America. The Local Government must comply with the Buy America domestic preferences contained in the Build America, Buy America Act (Sections 70901-52 of the Infrastructure Investment and Jobs Act, Public Law 117-58) and as implemented by US DOT operating agencies. 18.5. Federal Funding Accountability and Transparency Act (FFATA) 18.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. a. Reporting of Total Compensation of the Local Government's Executives. b. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government's preceding completed fiscal year, if in the Local Government's preceding fiscal year it received: i. 80 percent or more of the Local Government's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities 11 MnDOT Contract No. 1052083 Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www.sec.gov/answers/execomp.htm). Executive means officers, managing partners, or any other employees in management positions. C. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): I. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax qualified. 18.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 18.5.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this Agreement is awarded. 18.5.4. The Local Government will obtain a Unique Entity Identifier number and maintain this numberfor the term of this Agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each Project. 18.5.5. The Local Government's failure to comply with the above requirements is a material breach of this Agreement for which the MnDOT may terminate this Agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] 12 MnDOT Contract No. 1052083 City of Andover Local Government certifies that the appropriate DEPARTMENT OF TRANSPORTATION person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances. J2 By:. 13 Title: COMMISSIONER OF ADMINISTRATION CI T Y O F ' ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David Berkowitz, Director of Public s/City Engineer SUBJECT: Order Feasibility Report/23-17/Full Depth Reclamation - Engineering DATE: December 20, 2022 INTRODUCTION The City Council is requested to order the preparation of a feasibility report for Project 23-17, Full Depth Reclamation. DISCUSSION Identified in the City's 2023-2027 Capital Improvement Plan is a full depth reclamation for streets in the east-central portion of the City. Refer to the attached location maps. The roadway structure in this location is in need of replacement as identified by potholes and fatigue cracking and a full depth reclamation is the best course of action to correct the roadway structure. Full Depth Reclamation is a cost-effective alternate to a full reconstruction. The entire thickness of asphalt and a portion of the base material is uniformly pulverized and blended to provide strengthened stabilization of the roadway base prior to repaving. This is done where curb and gutter are still in good condition, but the asphalt is too far deteriorated for a partial depth mill and overlay. Improvements would consist of pulverizing/reclaiming the existing bituminous surface which would be used to provide strength to the gravel base material, shaped the gravel, remove excess material then pave two lifts of bituminous to complete the project. Minor concrete curb and gutter replacement would also be included with the project. While the road is under construction, select water main valves will be exposed and replacements made to bolts that are not stainless steel as the City has experienced valve failures and leaks in water mains of similar age. It is anticipated that this project will extend the life of the roadway another 20+ years before a reconstruction would be considered. BUDGETIMPACT The project would be funded from the City's Road & Bridge Fund with twenty-five percent (25%) of the total project costs for the roadway improvements to be assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. All costs associated with replacement of water main valve bolts will be funded by the Trunk Water Fund. ACTION REQUIRED The City Council is requested to order the preparation of a feasibility report for Project 23-17, Full Depth Reclamation. Respectfully submitted, David D. Berkowitz, P. Attachments: Resolution, ocation Maps CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 23-17, FULL DEPTH RECLAMATION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 23-17; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 20th day of December 2022 , with Council members in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner — Deputy City Clerk voting I CAPITAL IMPROVEMENT PLAN (2023) PROJECT NAME: STREET FULL DEPTH RECLAMATION LOCATION: WINSLOW HILLS, WINSLOW HILLS 2ND & 3RD ADDITION _. --'fir-� ♦.. J 7` i'^VP� v m �G i I( �O i-• 152TNgvE gym. {alb '{f,N, h 1 lSj `N NW 151St IA NW _� z 5 /�� ♦. ♦ AVE NW CROSSTOWN BIND r z o m - 9-I s 150T LN NW 48TH rr aTM AVE _S 1 ..< ♦�`'�,._ ., s r aaTHnvE 51 r ��_ ♦� 1 IL J CpC�6 E6 =- PI GeQsP r,.IC M1t oii�y�. -oY�F v�'� � � � � > ♦ �( �.� .r A 0 300 600 Feer I ' I Q Project Location clry or �mmh.m �uwnrymx mnxya � Parcel Boundary NDOVER iK mao. mecp dmmmv ammx max Incorporated 1974 .wm m,r rM rrcm^`s aro�m:mmsmt ave O City Limits xxnn; mc..vc me cx)' marcs rc usemh mr mry mn a om�vs rW rt nncrsrwww,qV,op.cv�y,...vgrcrmq.rzaz:rczr_zozz.a.. an syw,w: nramz: ra:oz.w Andover GIS J E91-1 ice: 146T AVE n I VL: � c, ,— lakrn Ij� I Y T 1 � Y I 1 ' I. � 1 ANPOVER 6LVD 0 300 600 Feel mkmae t reeaai v rtree,a me Nta Tr Uly a Mtlwv Foes rat maAe NYn Nat Nek krep. eue Imz[bN; Neale Ne 0.y aw.... m m YaEf ry M s-ry ems v art@tlors Ineln. CAPITAL IMPROVEMENT PLAN PROJECT NAME: STREET FULL DEPTH RECLAMATION LOCATION. FOXBERRY FARMS & JONATHAN WOODS I :ETH AVE r^ 1t— n Y i _ ANDOVER©LVD (2023) Q Project Location c 1 'r 0 r Parcel Boundary NDOVER QIncorporated 1974 City Limits 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Jim Dickinson, City David Berkowitz, D Engineer Order Feasibility Report/23-11A Through 23-11J/2023 Mill & Overlay, 23-15/ Prairie Road Mill & Overlay and 23-16/ Andover Boulevard - Engineering December 20, 2022 INTRODUCTION The City Council is requested to order the preparation of a feasibility report for Projects 23-11A through 23-11J, 2023 Mill & Overlay, 23-15, Prairie Road Mill & Overlay and 23-16, Andover Boulevard Mill & Overlay. DISCUSSION Identified in the City's 2023-2027 Capital Improvement Plan is a mill and overlay of streets in varies locations throughout the City. Refer to the attached location maps for detailed locations. The surface of the streets in these areas has been striping away, and a mill and overlay is the best course of action to correct this deterioration. The projects would include milling off the existing bituminous wearing course and paving a new bituminous wearing course over the existing roadway. While the road is under construction, select water main valves will be exposed and replacements made to bolts that are not stainless steel as the City has experienced valve failures and leaks in water mains of similar age. It is anticipated that these projects will extend the life of the roadway another 15+ years before a reconstruction would be considered. Prairie Road from Bunker Lake Boulevard to Andover Boulevard and Andover Boulevard west of Crosstown Blvd to Eveland Fields are Municipal State Aid segments. Staff is planning on sending out letters to the impacted properties this winter and meeting them on an individual basis, if requested by the owners, in lieu of scheduling a neighborhood informational meeting. After the feasibility report is approved by the City Council the Public Hearing for these projects would be held on February 21, 2023. BUDGETIMPACT The projects would be funded from the City's Road & Bridge Fund with twenty-five percent (25%) of the total project costs for the roadway improvements to be assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. The Prairie Road project from Bunker Lake Boulevard to Andover Boulevard and Andover Boulevard west of Crosstown Boulevard to Everland Fields are Municipal State Aid segments and MSA funding will be utilized on these projects along with the same process identifies in the City's Roadway Reconstruction Assessment Policy. All costs associated with replacement of water main valve bolts will be funded by the Trunk Water Fund. Mayor and Council Members December 20, 2022 Page 2 of 2 ACTION REQUIRED The City Council is requested to order the preparation of a feasibility report for Projects 23-11A through 23-1 U, 2023 Mill & Overlay. Respectfully submitted, David D. Berkowitz, P.E. Attachments: Resolution, Location Maps CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECTS 23-11A THROUGH 23-11J. 2023 MILL & OVERLAY/23-15 PRAIRIE ROAD MILL & OVERLAY AND 23-16 ANDOVER BOULEVARD MILL & OVERLAY. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 23-11A through 23-11J, 23-15 and 23-16; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 20th day of December , 2022, with Council members in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner— Deputy City Clerk voting N CAPITAL IMPROVEMENT PLAN 2311 p (2023) PROJECT NAME: STREET MILL & OVERLAY LOCATION: GREY OAKS 17, rq I. t_ \ _ F r 156TH AVE F z i :r r � 1 �« r 154 255 510 Feet ma mzo a n�«am w rcrtmwe WT«+'a aM'm+WIM 9raEeXNM.Yd l a Cq Nd. I M CM1y a. 0.'c mt mW,e clam w� up �eaures na�+�=vamtoue I«ae«R; me2r«e me cay asN.mm IuiAlty a am «r«z «massws iwtla. �z� r s + fir• . � ` � _ - Is�iAvr � - _ a a o Q Project Location 0 Parcel Boundary Q City Limits C I T Y O F DOVER Incorporated 1974 Andover GIs N CAPITAL IMPROVEMENT PLAN PROJECT NAME: STREET MILL & OVERLAY LOCATION: NORTH VALLEY RIDGE 4o, ; r fy� tr - 4,40• T t t^ir •i�1�4 ?� .� qy, R,` �T`�� i t� • 0 "yf,�� ` ,rte !k s: r ,r��}ij` sle..1 i,n•.n lL j�•r i, •.'@'.' , Y drr ` \t Y, 4 Z —Uf r7 Jr. o, Via` h � �� S �i � ,4 � 1 11 ��� I �. t• •i s •iy a.�•\ 1 ig;5UH AVE- ��: ♦ O.. \ 1 � 4` .14 - - � L Vii' 4. Y Ole Ail WI/ �i G E5R1, MN Ge SACC' ns C.y a Prnave: I 0 185 370 Feet I I I Q Project Location q e I TA IF Parcel BoundaryIncorporated Limits 1City /5/303$3:01M / CAPITAL IMPROVEMENT PLAN 7-3-IIC (2023) PROJECT NAME: STREET MILL & OVERLAY LOCATION: KIMBERLY OAKS & SILVER MEADOWS �'� !il'�f-- � iJb<.:' i n $!•'1"... ;` Art .` - -— 165TH AVEt '47 ww ` .'x . , . ` • , - � '� �' s. � I e y 'a ; ,'` I i !-.{'.y', i reSSS h� � `�1 ,• � �. � �. J 44, \ 1y X y y> 3 i S Ijoj •` I��xs x Y{r r Iz 1��` `�2 . q r ,.J:.1� � y• ♦ 1, .y y •��.\ � YID. �., �'S `r 255 510 Feet I I Q Project Location CITY 0 Parcel Boundary Incorporated 1974 aam wr me reams amaea reeeenwe wwms. merera. ure nn am,mem City Limits YaalMbarry erase Wulatln. vm: nncrs�wonmoivokaaero �..remrvn.�vozz�av_mzz,v., wm Ew eSIV2022 2:13 ori Andover GIS " CAPITAL IMPROVEMENT PLAN -2-3-1I F (2023) PROJECT NAME: STREET MILL & OVERLAY LOCATION. BARNES ROLLING OAKS, SMITHS ROLLING OAKS AND EASTERLY NEIGHBORHOOD I - ..•ter ,. � � S. _�.. �: . a :y �? Ilk 146FH LN / J'1 ryr .�.� m rf •'� tlirX s'iy f. �.- S Y _ _ 196TH LN —_ ' `�• ri , �1-"' i,j,i`�2 . Mm► � '.ir e. �.� In '.F . N -- ANDOVER BLVD ` � I 144TH LN 7. �Ng NW -19i,THq� �1 } �M1... j 3ggS AV NW �`A • ♦... � 1 , •1 ~ 14aTH AVE to vag a 1a'WUn a C mm ns; CR 0 375 750 Feet I I 0 Project Location C I T Y O F mn�n,etare NDOVER r�maa onh wrzn maw�n9 a,aararr of Parcel Boundary ne am. m. ory wawwe ae mi mme Incorporated 1974 "'""�«�"°"I"" Q city Limits .rens: ",,V,. the Cry.v�mes m iwwn ro. aM •,,.a o m�swm nwn. o.u: :,csiwo xme,amlA+teMrrwrurotcr✓MK+�Soulerr_mu-.p. n n nrm e: WrImu 1:2.a Andover GIS ry CAPITAL IMPROVEMENT PLAN PROJECT NAME: STREET MILL & OVERLAY LOCATION: NATURES RUN ANUOVBR BtVo 23-11- (2023) V 7 unry GI5, E`P% MN Geaspa•al Commons, 2c Feat of Q Project Location 0 Parcel Boundary Q City Limits 'k vyly3Rp f1 — AVE V �k 22 � 14 NDTVE y T T aS_T\ ��IIncorporated 1974 AnCover GlS CAPITAL IMPROVEMENT PLAN ti (?OZJ) PROJECT NAME: STREET MILL & OVERLAY LOCATION: THE VILLAGE ATANDOVER STATION T BUNKER LAKE BLVD 1R. s r 7�, 1 i a i PRIVATE DR 1 I ' �'�� �r � ? ^�� rte♦ Q T 4 - I - • PARTRIDGE CR vt \ /� \..11� I ?.F- .• ^ ` 135TH AV*41 E ' t 111 T i � • � _ r - 135 LN { s IF eta � � a 7 1 •r v / �I� /\� T 13 iTH tN AVElet _ 1p35VTHc Q� 8Q aq'Ired A oT �a county, .'Esry, - c or ai o r� 0 140 280 reel I I I Q Project Location c Ir Y Parcel Boundary onPnas wr wen malyM9r arnn�y d Incorporated 1974 Q city Limits W dYry b ary mws n mYsbn Mtll. r:Icmw.mrowexmlc�wM.•.�mlaay..,uoulcrv_zoss...r. can a o<.rm: aisimu2:usn Andover GIS NI CAPITAL IMPROVEMENT PLAN z3-IIZ { (2023) IPROJECT NAME: STREET MILL & OVERLAY LOCATION: TOVMHOMES OF WOODLAND CREEK 1 u. ° j. 9 _ :-•- 138TH AVE b IT f %L _ 131 LN 1 a. -.. 1 a \ I O B 13tM A -- ♦ V _ __ ��r ft of !. BUNKER LAKE BLVD Ilk, I { �. it � rF l �. ■t Ri 3 f,��.. w 0�d om y, ai mbds f 0 140 280 Feel I I Q Project Location�► NDW& ,� m,o a armaee r« Rree,a wa wywa,n„aor Parcel Boundary Incorporated 1974 u. mm. m ay am%>aoez rn m»e Q city Limits unbry n •n mas a amswn near. vxn: n:lcrswanuwVAkmle�p�roemp�uvvar.uaulcn zazzw. neoonu: eisimu z:ro an Andover GIS N CAPITAL IMPROVEMENT PLAN 23—II (2023) PROJECT NAME: STREET MILL & OVERLAY LOCATION: WOODLAND CREEK GOLF VILLAS qua fII M f I % Seo _ -- 143RD AVE 192 '� +- , U _ Y \ ry � ..J 1�l • • .. r�t ir� yx�� _ V 192NDAVE •Q . '7 �• f dl. .J 1 r Y N ..AIS �2t •' •. �, V - 3+15T LN �' .Y 4 .r f' c•' 1 i 1( yy t_ 0 ``q vl, N.Ga spabz Com CI,y°f 9n.. 0 162.5 325 Feet Q Project Location AN CITY 0 r llik map k Marts lo-RfebKe wpo:6 o�p eo mappryyme. am w Parcel Boundary "" e(n.—"""°a" * Incorporated ]974 wm mai uie feamo hqK� V rtges¢nt ove MMgni: merebre me 04 avwmci City Limits rtman ra a+� amz o- dN4Mu nsa.. vun: nn°+s�wonmy�vm)emisirynKn�plavnpalxou�uv_mzz.p. mn apmp: ais/.rou p:ss vn Andover GIs r L CAPITAL IMPROVEMENT PLAN PROJECT NAME: STATE AID ROUTES / MILL & OVERLAY LOCATION: ANDOVER BLVD (WEST OF CROSSTOWN BLVD) 23-I( (2023) 5 y _ --. — . - - - � '•qct � �' 3 � '+ _• r tasrh,wr- �r` 1 �i.�' �'.« r VER BWD ata --L" 0 210 420 Feet .• ■ 1 t I Q Project Location 1VDO' F �row�ma�raa�r� Parcel Boundary wm mal me mzma am�ea aaoe�e mre Incorporated 1974 nrnass: m<,<r«<m<nn a�m<sm City Limits tuewy m anv mwz o muwu rew. =,m::IwswourelvmNmlrnw�:.alr,.tcrrnpvoulnv zozz.a.,: u.n e,.,n.e: aisizozz r:aorn Andover GIS 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council members James Dickinson, City Dana Makinen, Human Resources Approve Cost -of -Living Wage Adjustment for All Employees December 20, 2022 The City typically approves cost -of -living adjustments for employees at the last regular Council meeting of the calendar year for the following year. These adjustments would take place effective January 1, 2023. Cost -of -living wage adjustments for employees have been reviewed and are proposed at a three - and -a -quarter (3.25) percent increase, effective January 1, 2023. This would be for all employees, bargaining, and non -bargaining. Surveys of metropolitan cities, regional economic factors, and other wage and benefit data support the proposed annual wage adjustment. BUDGET IMPACT Funding for cost -of -living wage adjustments is provided for in the 2023 City Budget. ACTION REQUESTED Adopt the attached resolution approving a three -and -ii -quarter (3.25) percent increase in wage adjustment effective January 1, 2023, for all City employees. Respectfully submitted, Dana Makinen CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NOR APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON -BARGAINING EMPLOYEES FOR THE CALENDAR YEAR 2023 WHEREAS, cost -of -living wage adjustments for non -bargaining employees are in order to recognize annual inflationary increases in cost -of -living standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of a three -and -a -quarter (3.25) percent increase effective January 1, 2023, is within the expenditure guidelines established in the 2023 Budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of -living wage adjustments of three -and -a -quarter (3.25) percent increase effective January 1, 2023, for all employees. Adopted by the City Council on December 20, 2022 CITY OF ANDOVER Mayor Sheri Bukkila - Mayor Attest: Michelle Hartner, Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Donations for 2023 Senior Class Events DATE: December 20, 2022 INTRODUCTION The City is starting to receive requests from the Senior All Night Party (Events) Donation Committees for a City donation to help fund activities in support of a High School Senior All Night Party (Event). DISCUSSION For the past ten years the City Council approved donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties. The question is whether the City Council wants to proceed with that direction again in 2023. The donation amount would be used to assist each association to hold the All -Night Party, with funds being used for foods, events and other miscellaneous items that celebrate the accomplishments of the graduating senior class. The City Council, pursuant to the Public Purpose Expenditure Policy adopted by the Council provides for such a donation. Historically, the All -Night Party's (Event) primary goal is to provide a safe atmosphere for graduating seniors by keeping them off the road and in a supervised environment. Parents coordinate and supervise the "parry" and volunteer their time to the event. BUDGET IMPACT Funding for a donation is available through the City's Charitable Gambling Fund and donations are made based on available funding. Estimate of the total donation to all requesting schools in 2023 would be $1,200. ACTION REQUESTED Approve donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties (events) in 2023. y submitted, 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 November 2022 City Investment Reports DATE: December 20, 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 November 2022, the November 2022 Investment Detail Report, and the November 2022 Money Market Funds Report. These attachments are intended to provide a status report on the November 2022 investments. ACTION REQUESTED Council requested to review and receive the November 2022 Investment Reports. submitted, Investment Maturities - November 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 2.23% $ 1,343,389 $ 1,343,389 $ $ $ MN Municipal Money Market Fund (4M) N/A 1.38% 827,594 827,594 - Certificates of deposit FDIC 20.15% 12,117,217 6,539,454 5,577,763 Local governments A/A1/A2 0.10% 59,811 59,811 - - AA/AAl/AA2/AA3 13.99% 8,413,627 1,697,557 6,394,752 321,318 AAA 12.30% 7,399,999 1,359,465 5,361,579 678,956 State governments A/Al/A2 0.00% - - - - AA/AAl/AA2/AA3 1.69% 1,019,090 - 1,019,090 AAA 1.51% 905,176 441,829 463,347 - U.S. agencies AAA 46.65% 28,052,925 13,074,147 14,440,023 538,755 Total investments 100.00% $ 60,138,828 $ 25,343,246 $ 33,256,554 $ 1,539,029 $ Deposits 1,295,193 Total cash and investments $ 61,434,021 November 2022 Investment Detail Description Cusip Number Number Credit RatinglF DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Cu Value Interest Paid -.i----- -_� Date Acquired Coupon Date Maturity Due Date New York Community Bank 649447UF4 16022 CD 245,000.00 245,000.00 245,000.00 0.200% 244,723.15 semi-annual 12/11120 06/11121 12/12122 Medallion Bank Utah 58404DMMO 57449 CD 245,000.00 245,000.00 245,000.00 0.250% 244,632.50 maturity 12/16/21 none 12/16/22 Beal Bank - Plano TX 07371ATD5 32574 CD 245,000.00 245,000.00 245,000.00 0.250% 244,517.35 maturity 12122/21 none 12/21/22 Texas Bank Financial 882213AH4 26967 CO 245,000.00 245,000.00 245,000.00 0.150% 244,456.10 semi-annual 12/23120 06/23/21 12/23/22 Bank of India 06279KZ33 33648 CD 245,000.00 245,000.00 245,000.00 0.750% 244,448.75 maturity 03/31122 none 12/28122 First Nati Bk of America 32110YUW3 17436 CD 245,000.00 245,000.00 245,000.00 0.250% 244,333.60 maturity 12130/21 none 12/29/22 Wells Fargo Bank 949763W93 3511 CD 245,000.00 245,000.00 245,000.00 2.150% 244,483.05 maturity 07/15122 none 01/17123 Meridian Bank 58958PJF2 57777 CD 245,000.00 245,000.00 245,000.00 0.250% 243,797.05 maturity 01/21122 none 01/20/23 First Svgs Bank 33621LFB4 29961 CD 245,000.00 245,000.00 245,000.00 2.150% 244,409.55 maturity 07122/22 none 01/23123 Wood America Bank 981059CCO 24920 CD 245,000.00 245,000.00 245,000.00 2.150% 244,409.55 maturity 07/22/22 none 01/23/23 Pacific Western Bk 69506YSM2 24045 CD 245,000.00 245,000.00 245,000.00 1.000% 243,909.75 maturity 04127/22 none 01/27/23 Academy Bank NA 004000BJ3 19600 CD 245,000.00 245,000.00 245,000.00 0.150% 243,512.85 semi-annual semi-annual 07/28121 01/28/22 01/30/23 Bank Hapoalim BM NY 06251A2T6 33686 CD 245,000.00 245,000.00 245,000.00 0.150°h 243,008.15 07/14/21 08/16/21 02/16/23 Guthrie County State Bank 40341 PAZ1 226 CD 245,000.00 245,000.00 245,000.00 0.950% 242,329.50 maturity 03/31122 none 03/31123 Equity Bank Kansas 29461 MACE 25858 CD 245,000.00 245,000.00 245,000.00 1.150°k 241,979.15 maturity 04/20/22 none 04/20/23 Mauho Bank USA 60688M7G3 21843 CD 245,000.00 245,000.00 245,000.00 2.350% 243,103.70 maturity 07/20/22 none 04/20/23 Bank Baroda NY Branch 06063HNG4 33681 CD 245,000.00 245,000.00 245,000.00 1.550% 242,226.60 maturity 04/27/22 none 04/25/23 Flagstar Bank FSB 33847E41.8 32541 CD 245,000.00 245,000.00 245,000.00 0.150% 239,717.80 semi-annual 05/28/21 11/28/21 05/30/23 Fifth Third Bank 316777X73 6672 22597 CD 245,000.00 245,000.00 CD 245,000.00 245,000.00 245,000.00 245,000.00 2.450% 0.200% 2.800% 242,042.85 238,914.20 242,140.85 maturity semi-annual maturity 06/23/22 12/29/20 07120122 none 06/29/21 06/23/23 06/29/23 Bank of the Sierra _ StarionFinancial _064860LHO 85528WDY6 33758 CD 245,000.00 245,000.00 245,000.00 none 07/20123 State Bank of India 856285WF4 682133 CD 245,000.00 245,000.00 245,000.00 0.250% 238,279.65 semi-annual 07121121 01/21/22 07/21/23 Capstar Bank 14069HAW1 58823 CD 245,000.00 245,000.00 245,000.00 2.600% 241,775.80 maturity 07/22122 none 07/24/23 Envision Bank 29415LBZ3 90270 CD 245,000.00 245,000.00 245,000.00 0.200% 237,983.20 semi-annual 07/28/21 01/28/22 07/28123 Industrial & Com Bk 45581 ECP4 24387 CD 245,000.00 245,000.00 245,000.00 0.250% 237,375.60 semi-annual 08/20/21 02/20/22 08/18/23 ynovus Bank Morgan Stanley Bank NA 87164DSR2 61773TDD2 873 CD 245,000.00 245,000.00 245,000.00 1.000% 238,505.05 semi-annual semi-annual 02/25/22 08/25/22 08/25/23 32992 CD 245,000.00 245,000.00 245,000.00 1.250% 238,438.90 03/31/22 09/29122 09/29/23 Kaufman TX 486206KR5 A3 local 61,821.00 61,821.00 60,000.00 3.000% 59,811.00 semi-annual 06/28116 02115117 02/15/23 Saint Anthony MN 78726OR75 AA local 216,076.00 216,076.00 200,000.00 4.000% 200,488.00 semi-annual 12/11/20 none 02/01/23 Albert Lea MN 012788ZS7 AA- local 108,038.00 108,036.00 100,000.00 4.000% 100,229.00 semi-annual 12/11/20 none 02/01/23 Alexandria MN ISD #206 015131LQ6 AA1 local 279,760.50 279,760.50 270,000.00 3.000% 269,260.20 semi-annual 01/21/15 none 02/01/23 New Ulm MN 6490247D2 AA2 local 214,950.00 214,950.00 200,000.00 4.000% 200,000.00 semi-annual 12111/20 OW01/20 12/01122 Monroe Woodbury NY 611441PH3 AA2 local 182,928.60 182,928.60 180,000.00 1.000% 177,989.40 semi-annual 12/22/20 12/01/21 06/01123 Bangor ME 0600954114 AA2 local 235,428.00 235,428.00 240,000.00 2.850% 236,256.00 semi-annual 11/21/18 none 11/01/23 Monroe WI 611407KM8 AA3 local 230,769.00 230,769.00 225,000.00 1.500% 224,176.50 semi-annual 10/27/20 none 03/01123 Allegheny Cnty, Pennsylvania 01728VVHO AA3 local 291,204.00 291,204.00 300,000.00 0.694% 289,158.00 semi-annual 07111122 11/01/20 11/01/23 Mora MN ISD #332 616395FH7 AAA local 105,906.00 105,906.00 100,000.00 3.000% 100,082.00 semi-annual 12111/20 none 02/01/23 Saint Michael MN 792767QH1 AAA local 105,906.00 105,906.00 100,000.00 3.000% 100,082.00 semi-annual 12/11/20 none 02/01/23 Polk Cnty IA 731197Y78 AAA local 302,913.00 302,913.00 300,000.00 3.000% 297,945.00 semi-annual 05/17122 12/01112 06/01/23 Chandler AZ 158843YJ5 AAA local 300,000.00 300,000.00 300,000.00 0.600% 293,487.00 semi-annual 12/01/21 01/01/22 07/01/23 Brooks Cnty TX ISD Zero Cpn 114385FS1 AAA local 166,230.00 166,230.00 180,000.00 173,829.60 maturity 11/26/19 none 08/15/23 Hurst -Euless -Bedford Tx ISD 447819DZ3 AAA local 106,611.00 106,611.00 100,000.00 2.825%1 98,731.00 semi-annual 11/17/20 none 08/15123 6,539,454.25 CD Description Number CreditCusip Rating/F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity I Due Date Harris Cnty Texas 414005SC3 AAA local 300,960.00 300,960.00 300,000.00 2.473% 295,308.00 semi-annual 04/12/22 04/01/13 10/01/23 Georgia State 373384208 AAA state 204,444.00 204,444.00 200,000.00 2.780% 199,424.00 semi-annual 12113/16 none 02101/23 Texas St 882723YM5 AAA state 250,639.90 250,639.90 245,000.00 2.732% 242,405.45 semiannual 07/19/19 none 08/01/23 Fed Farm Credit Bank 3133EMKH4 AAA US 300,000.00 300,000.00 300,000.00 0.160% 299,436.00 semi-annual 12/15/20 06/15/21 12115/22 Fed Home Ln Bank 3130AQGP2 AAA US 500,155.00 500,155.00 500,000.00 0.375%1 498,465.00 semi-annual 01/05/22 06/30/22 1 12130/22 Fed Fane Credit Bank 3133EMML3 AAA US 998,790.00 998,790.00 1,000,000.00 0.120% 995,020.00 semi-annual 02/08/21 07/12/21 01/12/23 Fed Home Ln Mtg Corp Mad Tenn Note 3134GXFB5 AAA US 300,000.00 300,000.00 300,000.00 0.220% 296,223.00 semiannual 12114/20 06/14121 03/14/23 Fed Home Ln Bank 3130ALRGI AAA US 299,817.00 299,817.00 300,000.00 0.125% 296,286.00 semi-annual 04128/21 09/17121 03/17/23 Fed Farts Credit Bank 3133EMVP4 AAA US 299,811.00 299,811.00 300,000.00 0.125% 295,104.00 semi-annual 04/28/21 10/13/21 04/13/23 Fed Home Ln Mtg Corp 3137EAEQ8 AAA US 992,270.00 992,270.00 1,000,000.00 0.375% 983,670.00 semi-annual 12120/21 10/20/20 04/20/23 Fed Home Ln Mtg Corp 3137EAER6 W US 301,452.00 600,906.00 301,452.00 600,906.00 300,000.00 600,000.00 500,000.00 0.375% 0.250% 0.350% 0.200% 294,624.00 587,478.00 488,850.00 292,182.00 semi-annual semi-annual 12/10/20 04/05/21 11/05120 11/22/20 05/05/23 05/22/23 06/08/23 06/15/23 Fed Nag Mtg Assn 3135G04Q3 AAA US Fed Fane Credit Bank 3133ENDK3 AAA US 498,155.00 498,155.00 semi-annual semi-annual semi-annual 01/05/22 12/15/20 12/14/21 12/08/21 06/15121 Fed Farm Credit Bank 3133EMKG6 AAA US 300,000.00 300,000.00 300,000.00 Fed Home Ln Mtg Corp 3137EAES4 AAA US 398,596.00 398,596.00 400,000.00 0.250% 390,160.00 12/26/20 06/26/23 Fed Home Ln Mtg Corp Med Tenn Note Fed Nad Mtg Assn 31346XHHO AAA US 300,000.00 300,000.00 1,301,322.00 300,000.00 1,300,000.00 0.220% 291,765.00 semi-annual 12/30/20 06/30/21 01/10/21 01/11/23 12/28/22 06/30/23 07/10/23 07/11/23 07/28/23 3135G05G4 AAA US 1,301,322.00 0.250% 3.000% 1,265,173.00 semi-annual semi-annual semi-annual semi-annual 07/10/20 07/13/22 Federal Fane Credit Bank 3133ENA83 3130ASHV4 AAA US 500,120.99 500,120.99 200,000.00 494,575.00 Federal Home Loan Bank AAA US 500,000.00 500,000.00 500,000.00 3.050% 493,280.00 06/28/22 Fed Home Ln Mtg Corp 3137EAEV7 AAA US 600,456.00 600,456.00 600,000.00 0.250% 580,308.00 12/10/20 02/24/21 08/24/23 Fed Home Ln Bank 3130AJXD6 AAA US 399,224.00 399,224.00 400,000.00 0.125°h 385,760.00 semi-annual 08/13/21 03/08/21 09/08/23 Fed Home Ln Mtg Corp 3137EAEW5 AAA US 600,567.00 600,567.00 600,000.00 0.250% 579,252.00 semi-annual semi-annual semi-annual 07/22/21 09/16/20 03/08/21 03/14/21 09/08/23 09/14/23 Fed Farm Credit Bank 3133EL6U3 AAA US 300,000.00 300,000.00 300,000.00 0.2800/6 289,332.00 1,250,535.00 Fed Farm Credit Bank 3133EMBSO AAA US 1,298,751.00 1,298,751.00 1,300,000.00 0.200% 07/22/21 04/02121 10/02/23 Fed Home Ln Mtg Corp Fed Farm Credit Bank 3137EAEY1 AAA US 1,294,003.00 1,294,003.00 1,300,000.00 0.125% 1,247,779.00 semi-annual semi-annual 09/16/21 01/05/22 04/16121 10/16/23 3133ENEX4 AAA US 497,895.00 497,895.00 500,000.00 0.550% 478,890.00 05/24122 11/24/23 23,172,263.40 BMW Bank North America 05580AXY5 35141 CD 245,000.00 245,000.00 245,000.00 0.3001/6 234,019.10 semi-annual 12/11/20 06/11/21 12111/23 Third Federal S&L 884130CV8 30012 CD 245,000.00 245,000.00 245,000.00 0.2501/6 233,597.70 semi-annual 12/21/20 06/21121 12/21/23 Peoples Security Bank & Trost 712303AQ9 7514 CD 245,000.00 245,000.00 245,000.00 2.6500/. 239,519.35 semi-annual semi-annual OB/24/22 12/24122 12/26/23 Beal Bank USA 07371 DCT2 57833 CD 245,000.00 245,000.00 245,000.00 2.7501/o 239,406.65 07/20/22 01/20123 01/17/24 Apple Bank for Savings 03784JSL9 16068 CD 245,000.00 245,000.00 245,000.00 0.600% 233,585.45 semi-annual 01/21/22 07/21122 01122/24 Nano Banc 63008MAG6 58590 CD 245,000.00 245,000.00 245,000.00 0.2000% 232,475.60 semi-annual 07/23/21 01/23122 01123/24 Haven Savings Bank 41939HBQ4 30039 CD 245,000.00 245,000.00 245,000.00 2.750% 239,080.80 semi-annual 08/10/22 02110/23 02109/24 Ally Bank 02007GNS8 57803 CD 245,000.00 245,000.00 245,000.00 1.300% 234,638.95 semi-annual 02/24/22 08/24122 02/23/24 Barclays Bank 06740KNV5 57203 CD 245,000.00 245,000.00 245,000.00 1.350% 234,874.15 semi-annual 02/23/22 08/23122 02/23/24 OceanFirst Bank 67523TAF0 28359 CD 245,000.00 245,000.00 245,000.00 1.450% 234,874.15 semi-annual 03/08/22 09/08122 03/08/24 American Expr Nag Bank 02589ABX9 27471 CD 245,000.00 245,000.00 245,000.00 1.950% 235,908.05 semi-annual 03/30/22 09/30/22 04/01/24 Capital One Bank USA NA 14O42TFR3 33954 CD 245,000.00 245,000.00 245,000.00 2.550% 237,358.45 semiannual 04/27/22 10/27122 04/29/24 Capital One NA 14042ROV6 4297 CD 245,000.00 245,000.00 245,000.00 2.550% 237,358.45 semi-annual 04/27/22 10/27122 04/29/24 _ _ Mega Bank 58517JAH5 58401 CD 245,000.00 245,000.00 245,000.00 0.250% 229,738.95 semi-annual 04/29/21 10/29/21 04/29/24 _ _ Sallie Mae Bank/Salt Lake 7954507/35 58177 CD 245,000.00 245,000.00 245,000.00 0.550116 228,599.70 semi-annual 07/14/21 01/14122 07/15/24 Synchrony Bank 87165HC32 27314 CD 245,000.00 245,000.00 245,000.00 0.550% 227,279.15 semi-annual 09/03/21 03/03/22 09/03/24 13,074,147.00 US Description Cusip Number Credit Rating/F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Current Market Rate Value Interest Paid Date Acquired Coupon Date Maturity) Due Date Pacific Premier Bk _ 69478QGQ7 32172 CD 245,000.00 245,000.00 245,000.00 3.450% 239,039.15 semi-annual 09/09/22 03/09/23 09/09/24 Morgan Stanley Pvt Bank 61768U4C8 34221 CD 245,000.00 245,000.00 245,000.00 2.700% 235,209.80 semi-annual 04/29/22 10/29/22 10/29/24 Dallas Capital Bank 234553CZ6 20727 CD 245,000.00 245,000.00 245,000.00 0.700% 224,667.45 semi-annual 12/30/21 06/30/22 12/30/24 Fourth Capital Bank 35115LAE1 59101 CD 245,000.00 245,000.00 245,000.00 0.600% 224,170.10 quarterly 12/29/21 03/29/22 12/30124 Eaglemark Savings Bank 27004PCL5 34313 CD 245,000.00 245,000.00 245,000.00 1.700% 228,349.80 semi-annual 03/02122 09/02/22 03103125 BMO Harris Bank NA 05600XCV0 16571 CD 245,000.00 245,000.00 245,000.00 0.700% 221,649.05 quarterly 04/28121 07/28/21 04128/25 Discover Bank 254673/370 5649 CD 245,000.00 245,000.00 245,000.00 2.800% 233,350.25 semi-annual 04/27/22 10/27/22 04/28/25 Toyota Financial Sgs Bk 89235MLH2 57542 CD 245,000.00 245,000.00 245,000.00 0.700°k 219,012.85 semi-annual 08/19121 02119/22 08119/25 Saint Joseph MN 790739YY6 AA- local 190,000.00 190,000.00 190,000.00 0.500% 182,314.50 semi-annual 11/12/20 06/01/21 12101/23 Everett MA 299839E48 AA+ local 317,883.00 317,883.00 300,000.00 3.000% 286,194.00 semi-annual 01/25/22 07/15/22 01115/26 Snohomish Cty WI 833086CX7 AA1 _local 299,604.00 local 354,452.60 299,604.00 354,452.60 250,000.00 300,000.00 0.450% 287,796.00 semi-annual 12/01/21 06/01/22 12101/23 Midland Texas 597749488 AA1 370,000.00 0.613% 352,687.70 semi-annual 08/19/22 03/01/21 03/01/24 Kennebunkport Maine 489299AV9 AA1 local 250,000.00 250,000.00 3250% 244,920.00 semi-annual 07114/22 10/01/19 10101/24 Austin TX 052397RE8 AAi _ AA1 AA2 local 359,971.20 359,971.20 360,000.00 2.124% 331,912.80 semi-annual 10/02/19 10/26/20 03/01/20 none 09/01/26 Denver City & Cnty CO Sch Dist 249174SF1 local 219,768.00 219,768.00 200,000.00 5.000% 200,000.00 semi-annual 12/01/26 Plymouth -Canton MI Sch Dst 729429QZ6 local 282,489.00 282,489.00 300,000.00 0.464% 282,279.00 semi-annual 09/27/22 11/01/21 05/01/24 Duluth MN 264438ZL9 AA2 local 29,767.20 29,767.20 30,000.00 2.625% 28,736.10 0.850% 419,405.35 4.000% 296,523.00 semi-annual 12/05/12 08/01/13 02/01/25 Duluth MN 264439DA5 AA2 local 455,000.00 455,000.00 455,000.00 semi-annual 11/03/21 08/01/22 02/01125 Eau Claire WI 278444QS6 AA2 local 300,348.00 300,348.00 300,000.00 semi-annual semi-annual 10/05/22 11/03/22 04/01/23 03/01123 04/01/25 Milwaukee Co WI 6022456F4 NQ local 287,969.70 287,969.70 285,000.00 5.000% 290,625.90 09/01125 New York NY 64966QLG3 AA2 local 301,506.00 301,506.00 300,000.00 0.800% 268,011.00 semi-annual 09/15/20 11/01/20 11/01/25 Opelika AL 683489ZD3 AA2 local 301,848.00 301,848.00 300,000.00 2.363% 281,331.00 semi-annual 12/19/19 05/01/20 11/01125 South Milwaukee WI 838&55ZV9 AA2 AA2 local 327,798.25 327,798.25 325,000.00 500,000.00 3.350% 308,857.25 semi-annual 01/25/19 04/01/19 10/01126 Will County IL Cmnty Zero Coupon 969078QM9 local 159,000.00 159,000.00 392,825.00 maturity 08/25/09 none 11/01/27 Connecticut State 20772KGN3 AA3 local 497,725.00 497,725.00 500,000.00 3.041°h 489,730.00 semi-annual 08/23!22 10/15/19 04115/24 Monroe Cty PA 610767TPO AA3 local 294,867.00 294,867.00 300,000.00 2.430% 287,928.00 semi-annual 07/27/22 12/15/19 12/15/24 Birmingham AL 09088RB70 AA3 local 83,255.20 83,255.20 80,000.00 2.951% 77,116.00 semi-annual 10/03/19 none 03/01/25 Burlington VT 122062G89 AA3 AA3 local 256,190.00 local 289,172.40 256,190.00 250,000.00 2.306% 232,692.50 semi-annual 01/30/20 05/01/20 11/01/25 Manchester New Hampshire 5623336V9 289,172.40 285,000.00 4.000% 278,749.95 semi-annual 07/14122 01/01/23 07/01/26 Florence AL 339873UU3 AA3 local 251,055.00 251,055.00 250,000.00 1.971% 227,075.00 semiannual 03/19/20 08/01/20 08/01/26 Hubbard Cnty MN 443348DKO AA3 local 341,643.65 341,643.65 365,000.00 3.500% 347,042.00 semi-annual 10/18/22 04/01/15 10/01/27 Canutillo TX ISD 138735YA7 AAA local 200,600.00 200,600.00 200,000.00 0.836% 191,154.00 semi-annual 07/29/20 08/15/20 02/15/24 Charleston SC 160357XC8 AAA local 307,836.00 307,836.00 300,000.00 1.250% 288,612.00 semi-annual 05/26121 09/01/21 03/01/24 Arlington Cnty VA 041431VF1 AAA local 280,479.00 280,479.00 300,000.00 0.640°h 280,146.00 semi-annual 09/29122 08/01/21 08/01/24 Hennepin Cnty MN 425507MF4 AAA local 405,312.00 405,312.00 400,000.00 4.000% 397,092.00 semi-annual 09/01/22 12/01/22 12/01/24 Ramsey Cnty MN 751622SS1 AAA local 295,845.00 295,845.00 300,000.00 0.750% 277,512.00 semi-annual 01/18122 02/01/21 02/01/25 Saint Louis Park MN 79174OU92 AAA local 180,005.00 180,005.00 175,000.00 4.500% 175,311.50 semi-annual 09/07/22 08/01/23 02101/25 Suffolk VA 86481ACU6 AAA local 150,000.00 150,000.00 150,000.00 0.650% 138,682.50 semi-annual 10/05/21 02/01/22 02101/25 Lewisville TX 528815KR3 AAA local 251,825.00 251,825.00 250,000.00 1.270% 233,632.50 semi-annual 12/14/21 02115/22 02115/25 Alpine Utah Sch Dist 021087YH8 AAA local 300,078.00 300,078.00 300,000.00 2.700% 287,907.00 semi-annual D4/19/22 09115/22 03/15/25 Columbus OH 199492W70 AAA local 293,235.00 293,235.00 300,000.00 2.960% 289,275.00 semi-annual 09/16/22 10/01/22 04101/25 Asheville NC 044033RWO AAA local 229,369.50 229,369.50 225,000.00 1.430% 209,225.25 semi-annual 05/04/20 12/01/20 06/01/25 Charlotte INC 161035JQ4 AAA local 298,317.00 298,317.00 300,000.00 1.790% 280,755.00 semi-annual 08/28/19 12/01/19 06/01/25 Minnesota State 60412AZM8 AAA local 377,189.10 377,189.10 370,000.00 4.000% 366,496.10 semi-annual 08/23/22 02/01/23 08/01/25 5,577,763.10 CD Description Numbe NumCusber Credit RatinglF DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity Due Date McKinney TX Madison WI Andover Massachusetts Bellevue WA Minneapolis MN Minneapolis MN Spl Sch Dist #1 Ice Deposit- National Sports Center Oregon St 58178CEN3 55844RXA7 AAA _ AAA AAA AAA _ AAA_ AAA local 302,502.00 302,502.00 300,000.00 400,000.00 1.000% 4.000% 1.330% 1.247% 1.100% 1.150% 272,841.00 396,596.00 274,653.00 210,916.90 semi-annual semi-annual 07114/21 10/06/22 07/20/22 02/15/22 08/15/25 10/01/25 11/01/25 12/01/25 12/01/25 local 403,360.00 403,360.00 04/01/23 034286FF6 0793654E9 60375BJN7 local 281,388.00 281,388.00 300,000.00 230,000.00 300,000.00 300,000.00 semi-annual 11/01/22 local local 212,901.80 212,901.80 semi-annual semi-annual 09/13/22 11/18/21 06/01/22 300,000.00 300,000.00 271,578.00 06/01/22 6037893UO local 268,815.00 288,815.00 269,193.00 semi-annual maturity 04/22/19 02/06/08 rain 12/15/25 _ none_ 68609TWC8 97705MDW2 AA1 AA1 local 250,000.00 250,000.00 250,000.00 250,000.00 none 01/01/26 state 254,082.50 254,062.50 250,000.00 0.795% 237,490.00 semi-annual 12/11/20 11/01/20 05/01/24 Wisconsin State Rhode Island State _ _ Maine State state 201,126.00 201,126.00 200,000.00 1.800% 192,082.00 semi-annual semi-annual semi-annual 02/07/20 none 05/01/24 762223MG7 AA2_ state 319,545.00 319,545.00 300,000.00 3.000% 293,244.00 10/21/21 08/01/22 08/01/24 56052AG75 _ AA2 AAA AAA_ AAA_ AAA AAA AAA AAA AAA AAA state _state state 300,747.00 109,051.80 300,747.00 300,000.00 4.000% 0.617% 3.5390/0 296,274.00 102,399.00 09/20/22 12/01/22 06/01/25 Texas St Transprtn Cmssn Utah St Fed Farts Credit Bank Fed Home Ln Bank Fed Nag Mfg Assn Fed Farm Credit Bank Fed Home Ln Bank Fed Nat[ Mtg Assn Fed Farm Credit Bank Fed Home Ln Bank Federal Farts Credit Bank Fed Home Ln Bank Federal Home Loan Bank _ Federal Home Loan Bank Fed Home Ln Bank Federal Home Loan Bank Federal Farts Credit Bank Federal Farts Credit Bank 882830AT9 109,051.80 110,000.00 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 11/18/21 10101/20 10/01/24 917542OV7 378,508.26 378,508.26 367,033.33 360,947.92 285,861.00 03/09/20 06/30/21 12/29/20 12/29/20 01/18/22 01/19/22 08/31/21 02/17/22 06/16/22 07/14/22 06/16/22 08/31/22 08/31122 08/26/21 07/13/22 07/15/22 07/26/22 08/26/20 01101/11 07/01/25 3133EMN81 US 300,000.00 300,000.00 300,000.00 300,000.00 499,700.00 400,000.00 316,302.00 496,695.00 299,844.00 494,626.94 297,390.00 298,008.00 299,262.00 300,000.00 499,568.01 500,693.13 499,710.00 300,000.00 300,000.00 0.310% 0.250% 12/29/21 06/29/21 12/29/23 12/29/23 12/29/23 01118/24 01119/24 02105/24 02/09/24 03108/24 06/10/24 06114124 06/14/24 06/14124 06/25/24 07/08/24 07/15/24 07/26/24 313OAKJP2 US 300,000.00 300,000.00 300,000.00 284,937.00 3135GABNO 3133ENLF5 313OAQFK4 3135GOV34 US US US US 300,000.00 500,000.00 400,000.00 300,000.00 0.280% 0.900% 0.760°/ 2.500% 1.180% 285,180.00 479,515.00 381,196.00 06129/21 499,700.00 07118/22 07119/22 08/05/19 08/09/22 09/08/14 12/10/22 400,000.00 316,302.00 292,551.00 3133ENNJ5 US 496,695.00 500,000.00 480,240.00 294,396.00 485,615.00 3130AOXE5 3133ENYH7 3130A1XJ2 AAA AAA_ AAA_ AAA AAA AAA AAA AAA AAA AAA _US US 299,844.00 300,000.00 500,000.00 3.250% 2.625% 2.875% 494,626.94 297,390.00 298,008.00 299,262.00 US 300,000.00 291,837.00 12/14/14 3130ASHKB US 300,000.00 3.125% 3.375% 293,361.00 294,216.00 12/14122 12/14122 3130AT4D6 3130ANSM3 3130ASME6 3133ENA91 3133ENC73 3133EL5D2 US 300,000.00 US 300,000.00 499,568.01 500,693.13 499,710.00 300,000.00 0.400% 279,912.00 487,735.00 02/25/22 US US US 500,000.00 3.000% 01108123 500,000.00 3.150% 3.250% 488,810.00 489,110.00 01/15/23 500,000.00 01/26/23 Fed Farm Credit Bank US 300,000.00 300,000.00 400,000.00 0.420% 1.400% 3.250% 278,496.00 02/26/21 08/26/24 Fed Home Ln Bank 3130AQV75 _ AAA AAA US 400,000.00 400,000.00 377,408.00 02/28/22 08/28/22 08/28/24 Federal Home Loan Bank 3130AFBCO US 499,840.00 499,840.00 500,000.00 489,315.00 08/19/22 03/13/19 09113/24 Federal Home Loan Bank 3130AT6G7 AAA_ US 299,907.00 299,907.00 300,000.00 3.500% 294,612.00 semi-annual 09/01/22 03/13/23 09/13/24 Federal Home Loan Bank 313GATT31 AAAUS _ AAA 299,319.00 299,319.00 300,000.00 4.500% 1.625%474,225.00 1.000% 300,003.00 semi-annual semi-annual semi-annual semi-annual semi-annual 11/01/22 02/17/22 04/03/23 10103/24 Fed Nag Mtg Assn Fed Home Ln Bank _ _ Federal Home Loan Mortgage Corp 3135GOW66 US 499,020.00 499,020.00 500,000.00 04/15/20 10Ii5/24 313OAQG64 AAA US 400,000.00 400,000.00 400,000.00 373,236.00 01/18/22 07/18/22 10/18/24 3134GX5Y6 AAA US 499,750.00 499,750.00 500,000.00 4.6509/° 500,035.00 11/15/22 05/15/23 11/15/24 Fed Nag Mtg Assn 3135GO6E8 AAA US 196,422.00 196,422.00 200,000.00 0.420% 184,178.00 12/15/21 05/18/21 11118/24 Fed Home Ln Bank Fed Home Ln Bank 3130APRBO AAA US 498,995.00 498,995.00 500,000.00 0.750% 464,560.00 semi-annual semi-annual 11/12121 06/13/22 12/13/24 313OAQF40 AAA US 473,768.19 473,768.19 500,000.00 1.000% 465,210.00 07/14/22 06/20122 12/20/24 Fed_Home Ln Bank 313OAQGT4 AAA US 496,170.00 496,170.00 500,000.00 1.100% 1.250% 464,020.00 465,240.00 semi-annual semi-annual semi-annual semi-annual 01/20/22 02/24/22 02/04/22 09116122 07/13122 01/13/25 _ _ Fed Home Ln Bank 313OAQMR1 hAA US 491,850.00 491,850.00 400,000.00 398,896.00 500,000.00 07/27/22 01/27/25 Fed Farm Credit Bank Federal Home Loan Bank 3133ENMQO AAA US 400,000.00 400,000.00 1.310% 372,848.00 08/03/22 02/03/25 3130ATOL8 AAA US 398,898.00 400,000.00 3.750°/ 394,344.00 03/14123 03/14/25 11,756,330.80 local 1,482,436.92 state Description Cusip Number Credit Rating/F DIC # Type Purchase Price Carrying Cost Maturity Amount Interest Rate Current Market Value Interest Paid Date Acquired Coupon Date Maturity 1 Due Date Fed Nall Mig Assn Fed Home Ln Bank 3135G031.15 AAA AAA US US 467,397.20 467,397.20 300,000.00 500,000.00 300,000.00 0.625% 457,915.00 275,115.00 semi-annual semi-annual 07/13/22 10/22/20 04/22/25 05/22/25 3130APVBB 300,000.00 1.000% 12/10/21 05/22/22 _ Federal Home Loan Bank 3130ASTV1 AAA US 560,000.00 500,000.00 500,000.00 3.550% 489,180.00 semi-annual 08/04/22 01/25/23 07/25/25 Federal Home Loan Bank 3130ASZ93 AAA US 500.000.00 500,000.00 500,000.00 4.000% 491,160.00 semi-annual 08/30/22 02/28/23 08/28/25 _ Fed Home Ln Mtg Corp 3137EAEX3 AAA US 291,732.00 291,732.00 300,000.00 0.375% 269,955.00 semi-annual 12/15/21 1 03/23121 09/23/25 Tennessee Valley Auth Ser E 880591CJ9 AAA US 121,500.00 121,500.00 100,000.00 6.750% 106,709.00 semi-annual 03/19/09 none 11/01/25 _ Federal Home Loan Bank 3130ASPD5 AAA US 300,000.00 300,000.00 300,000.00 4.000% 292,068.00 semi-annual 07/29/22 01/28/23 01/28/26 Fed Home Ln Bank 3130ANSG6 AAA US 300,000.00 300,000.00 300,000.00 0.875°/6 265,719.00 semi-annual 08/26/21 02/25/22 06/25/26 _ 33,256,553.82 semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual semi-annual 09/13/19 08/20/20 12/11/19 01/25/19 07/16/10 02/26/10 10/07/20 07/26/19 170,000.00 200,000.00 240,000.00 350,000.00 200,000.00 100,000.00 200,000.00 300,000.00 2.600% 1.586% 2.400% 2.550% 1.870% 5.250% 0.750% 2.640% Waterloo IA Allegheny Cnty PA_ St Paul MN 941647UR8 AA2 AA3 _AAA _ AAA AAA_ AAA AAA AAA _ local local 173,216.40 204,746.00 173,216.40 204,746.00 240,000.00 323,613.50 202,566.00 106,030.45 199,500.00 300,000.00 _ 152,535.90 168,782.00 06/01/25 06/01/28 01728WN7 11/01/20 11/01/28 792882CA8 0363032R5 925479RY5 local 240,000.00 323,613.50 202,566.00 215,733.60 305,742.50 157,480.00 05/01/20 05/01/28 _ Anoka-Hennepin MN ISD #11 Vestavia Hills AL Fed Fan Credit Bank Fed Home Ln Mtg Corp Med Term Note Fed Home Ln Bank local none 02/01/30 local 02/01/21 02/01/32 31331VLCB 3134GWUM6 3130AGT21 US US 106,030.45 106,056.00 164,124.00 268,575.00 1,539,029.00 none 03/29/21 04/21/28 09/29/28 07/26/29 199,500.00 300,000.00 US 01/26/20 57,967,846.22 14,440,023.00 US 1,000,274.00 local 538,755.00 US INVESTMENT SCHEDULE - Money Market Funds November 30, 2022 Description Current Market Value YTD Interest Wells Fargo 1 Wells Fargo Government Money Market Fund 1 $1,343,388.561 $35,560.82 4M 1 4M 549,818.90 5,817.46 4M PLUS 1 14M Plus 277,774-771 7,079.40 Grand Total Money Market Funds $2,170,982.23 1$48,457.68 Updated: 1218/2022 NDOVE I 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 November 2022 General Fund Budget Progress Report DATE: October 18, 2022 INTRODUCTION The City of Andover 2022 General Fund Budget (as amended) contains total revenues of $12,799,292 and total expenditures of $13,950,740 (as amended); a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2022, reflecting year to date actual through November 2022. The following represents Administration's directives and departmental expectations for 2022: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost-effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. ACTION REQUESTED Wew and receive the November 2022 General Fund Budget Progress Report. submitted, CITY OF ANDOVER General Fund Budget Summary Totals Budget Year 2022 PUBLICSAFETY 2021 2022 REVENUES Budget Nov YTD %Bud Audit Budget Nov YTD %Bud GENERAL GOVERNMENT General Property Tax $ 9,594,493 $ 4,989,624 52% S 9,527,670 $ 10,076,370 $ 5,283,227 52% Licenses and Permits 436,450 821,155 188% 891,762 535,500 873,223 163% Intergovernmental 938,041 918,288 98% 939,174 917,431 862,378 94% Charges for Services 752,360 905,931 120% 1,036,929 799,110 1,169,695 146% Fines 50,250 46,984 94% 53,747 50,500 48,469 96% Investment Income 75,000 31,487 42% (15,184) 75,000 9,194 12% Miscellaneous 138,850 149,765 108% 167,318 148,300 167,542 113% Transfers In 212,031 212,031 100% 212,031 197,081 197,081 100% Total Revenues $ 12.197.475 $ 8.075.265 66% $ 12,813.447 $ 12,799.292 $ 8.610,809 67% PUBLICSAFETY 2021 2022 EXPEND TTURES Budget Nov YTD %Bud Audit Budget Nov VTD %Bud GENERAL GOVERNMENT 1,711,769 1,522,854 89% 1,706,875 1,982,313 1,746,133 88% Mayor and Council $ 108,015 $ 90,090 83% $ 95,659 $ 107,347 $ 89,348 83% Administration 236,244 202,175 86% 229,314 238,442 218,558 92% Newsletter 25,000 22,687 91% 22,945 27,300 23,662 87% Human Resources 35,202 23,411 67% 20,836 34,661 18,453 53% Attorney 206,941 166,515 80% 199,809 212,041 172,022 81% City Clerk 176,206 159,457 90% 175,177 185,278 167,319 90% Elections 74,212 18,460 25% 20,260 77,188 71,465 93% Finance 320,768 291,015 91% 307,009 337,466 294,996 87% Assessing 161,000 128,829 80% 128,829 161,000 131,097 81% Information Services 213,738 165,168 77% 185,642 226,601 201,399 89% Planning & Zoning 504,204 436,051 86% 491,395 526,669 439,480 83% Engineering 631,401 538,754 85% 594,717 652,908 578,835 89% Facility Management 713,197 493,670 69% 548,747 742,688 487,864 66% Total General Gov 3.406.128 2.736.282 80% 3.020.339 3.529.589 2.894.498 82% PUBLICSAFETY Police Protection 3,287,046 3,287,046 100% 3,287,046 3,296,486 3,261,423 99% Fire Protection 1,711,769 1,522,854 89% 1,706,875 1,982,313 1,746,133 88% Protective Inspection 533,561 452,144 85% 519,787 529,812 410,449 77% Civil Defense 26,844 10,947 41% 15,202 29,003 11,463 40% Animal Control 5,950 2,757 46% 3,517 5,950 2,588 43% Total Public Safetv 5.565.170 5.275.748 95% 5.532.427 5.843564 5.432.056 93% PUBLIC WORKS Streets and Highways 788,241 736,340 93% 805,391 868,864 688,880 79% Snow and Ice Removal 675,888 404,617 60% 540,226 702,923 572,840 81% Street Signs 240,842 179,451 75% 195,783 230,094 173,406 75% Traffic Signals 40,000 29,381 73% 33,362 40,000 21,588 54% Street Lighting 40,400 30,489 75% 36,533 40,400 30,038 740/. Street Lights - Billed 180,500 128,095 71% 156,841 180,500 128,679 71% Park & Recreation 1,560,640 1,376,765 88% 1,505,145 1,613,086 1,346,582 83% Natural Resource Preservation 13,383 5,975 45% 9,738 17,811 11,732 660/. Recycling 233,759 215,653 92% 239,606 237,981 166,585 70% Total Public Warks 3,773,653 3,106,766 S2 % 3,522,625 3,931,659 3,140,330 80% OTHER Miscellaneous 806,828 754,459 94% 757,109 609,328 5569748 91% Youth Services 39,100 99000 23% 9,000 36,600 9,000 25% Total Other 845,928 763459 90% 766,109 645,928 565,748 88% Total Expenditures $ 13,5909879 $ 11,882,255 87% $ 12,841,500 $ 13,950,740 $ 12,032,632 86% NET INCREASE (DECREASE) $ (1,393,404) S (3,806,990) $ (28,053) $ (19151,448) $ (39421,823) () Ddl 9LN66WA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers i FROM: Jim Dickinson, City Administrato SUBJECT: November 2022 Andover Community ter Update DATE: December 20, 2022 INTRODUCTION: Attached for Council review is the Andover Community Center (ACC) Budget Summary Report for Budget Year 2022. The reports reflect activity through November 2022, comparative data with November 2021 and the entire year of 2021. November 2022 Financials Coming off 2020 imposed COVID restrictions shutting down the entire facility mid-March of 2020, the facility was allowed to reopen in a restricted capacity early January 2021. The ACC operated at near full capacity for close to twelve months in 2021 making current year (2022) activities comparable to the previous year. 2022 Revenues are just slightly ahead in comparison to 2021, this is due to assorted reasons attributed to turf usage vs ice, fieldhouse usage, vending machine use, a large donation and payment timing. Ice Rental to date is less in 2022 versus 2021 primarily due to the Sports Complex ice was not converted to turf in 2021. The 2022 expenses are ahead of 2021 primarily in salaries and operating costs. 2022 Full capacity reflects additional utility costs and hiring challenges which required the use of more full-time staffing overtime hours rather than the use of part-time staffing for the first three month of 2022. In addition, 2022 has a Capital Outlay line item (tied to a donation) where 2021 did not. Also provided is an ACC historical perspective of actual costs dating back to 2015. This is the reporting previously provided to the ACC Advisory Commission. This report also provides history on debt service payments and the property tax levy assigned to debt and operations. December 2022/January 2023 FACILITY UPDATE: Please refer to the attached ACC Facility Update for Major Events and monthly Walking Track activity through November. Major events are picking up as the winter season is in full swing. PROGRAMS/ACTIVITIES- ACC staff has switched gears to the busy winter season. We are fortunate to have a talented group of coaches and support staff to make the following programs possible: Winter Learn to Skate Lessons begin on January 8th. Winter Soccer Program starts up January 14th, ACC has 100+ kids currently registered. ACC will also offer a spring soccer session starting mid-March in the Sports Complex on the turf. This Fall ACC was able to bring our popular Tot -Time back. Tot -Time is offered twice a week on Fieldhouse court 4. CONCESSIONS - After a Request for Proposal (RFP) process in March — May, the Council approved Crooked Lake Concessions as our selected vendor and a lease was approved at the May 17th Council meeting. Crooked Lake Concessions ordered and installed materials for the space. Concessions opened mid-September and ACC shares event schedules monthly to help coordinate staffing and inventory needs. Operating as Crooked Lake Creamery, from ACC's perspective the relationship has been successful. ACC's visitors and ACC have well received the team and products has already twice received a share of the revenues, above the monthly rent. STAFFING - The ACC is at full complement of approved fulltime staffing. All around, ACC staffing is in decent shape. ACC continues to look for additional part-time staffing as we enter the 2022 -2023 busy season. SCHEDULING - Scheduling for summer 2023 and winter 2023-24 has started as we are looking to get ahead of the game a bit to help ensure we keep all our prime -time hours sold at close to 100% and find new users and programs to keep building our non-prime/summer usage. ACTION REQUESTED Informational. Council is requested to review and receive the staff report and attached reports. Attachments CITY OF ANDOVER Community Center Budget Summary Totals Budget Year 2022 2021 1 2022 REVENUES Budget Nov YTD %Bud Audit Budget Nov YTD %Bud Charges for services Ice Rental $ 668,000 $ 618,062 93% $ 823,856 $ 729,000 $ 521,431 72% Turf Rental 70,000 3,782 Na 3,782 50,000 18,553 37% Track - 3,159 Na 3,950 2,500 4,774 n/a Fieldhouse Rental 270,000 177,338 66% 220,527 240,000 241,547 101% Proshop 15,000 6,900 46% 9,606 13,000 9,266 71% Vending 16,000 6,380 40% 7,763 15,000 16,578 111% Advertising 50,000 81,908 164% 84,700 63,000 96,981 154% Total Charges for services 1,089,000 897,529 82% 1,154,184 1,112,500 909,130 82% Miscellaneous 140,000 101,427 72% 134,072 182,000 174,367 96% Total revenues 1,229,000 998,956 81% 1,288,256 1,294,500 1,083,497 84% 2021 2022 EXPENDITURES Budget Nov YTD %Bud Audit Budget Nov YTD %Bud Current: Salaries & benefits 757,753 586,287 77% 692,742 770,110 717,187 93% Departmental 105,100 68,645 65% 82,655 97,100 79,640 82% Operating 635,197 422,757 67% 515,308 603,233 479,177 79% Professional services 144,375 60,955 42% 85,130 248,525 150,014 60% Capital outlay n/a 42,000 37,358 89% Current 1,642,425 1,138,644 69% 1,375,835 1,760,968 1,463,376 83% Revenue over (under) expense (413,425) (139,688) 34% (87,579) (466,468) (379,879) 81% Other financing sources (uses) General Property Tax Levy 155,000 80,723 52% 154,534 155,000 81,815 53% Investment income - 1,137 Na 2,817 - 2,012 n/a Rental / Lease Pymt 638,000 634,971 100% 635,026 638,000 637,115 100% Transfers out (300,000) (300,000) 100% (300,000) (300,000) (300,000) 100% Total financing sources (uses) 493,000 416,831 85% 492,377 493,000 420,942 85% Net increase (decrease) in fundbalance $ 79,575 $ 277,143 348% $ 404,798 $ 26.532 $ 41.063 155% CITY OF ANDOVER, MINNESOTA Andover Community Center / YMCA Historical Comparison 2015 2016 2017 2018 2019 2020 2021 2022 2022 Actual Actual Actual Actual Actual Actual Actual Budget Nov -YTD Revenues: Charges for services Ice Rental $ 400,619 $ 405,990 $ 392,828 $ 435,716 $ 442,995 $ 361,796 $ 823,856 $ 729,000 $ 521,431 Turf Rental - - - - _ - 3,782 50,000 18,553 Track - _ _ _ _ 301 3,950 2,500 4,774 Fieldhouse Rental 187,007 199,286 215,089 218,667 220,225 133,126 220,527 240,000 241,547 Proshop 9,258 9,412 9,247 8,606 9,680 4,394 9,606 13,000 9,266 Vending 9,279 8,588 9,182 7,470 8,427 6,148 7,763 15,000 16,578 Advertising 31,758 26,450 38,819 34,000 40,850 8,000 84,700 63,000 96,981 Charges for services 637,921 649,726 665,165 704,459 722,177 513,765 1,154,184 1,112,500 909,130 Miscellaneous 174,788 136,552 136,149 142,768 131,386 110,781 134,072 182,000 174,367 Total revenues 812,709 786,278 801,314 847,227 853,563 624,546 122882256 12294,500 1,083,497 Expenditures: Current: Salaries & benefits 439,304 451,332 481,926 501,108 533,044 503,842 692,742 770,110 717,187 Departmental 74,949 77,945 65,612 76,448 66,570 74,809 82,655 97,100 79,640 Operating 388,492 364,935 364,242 352,067 330,084 345,588 515,308 603,233 479,177 Professional services 142,602 106,381 125,034 104,076 77,818 129,261 85,130 248,525 150,014 Capital outlay 47,859 4,900 11,442 39,888 100,000 42,000 37,358 Current 1,045,347 1,048,452 1,041,714 1,045,141 1,047,404 "1,153,500 1,375,835 1,760,968 1,463,376 Revenue over under expenditures (232,638) (262,174) (240,400) (197,914) (193,841) (528,954) 87 579 466 468 379 879 Other financing sources (uses) General Property Tax Levy - - - _ _ - 154,534 155,000 81,815 Investment income (1,078) 2,190 2,779 5,780 16,107 6,793 2,817 - 2,012 Rental/Lease Pymt 638,220 640,303 641,691 637,150 636,803 635,629 635,026 638,000 637,115 Transfers out (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) Total financing sources (uses) 337,142 342,493 344,470 342,930 352,910 342,422 492,377 493,000 420,942 Net increase (decrease) in fund balance 104,504 80,319 104,070 145,016 159,069 (186,532) 404,798 26,532 41,063 Fund balance (deficit)- January 1 (48,364) 56,140 136,459 240,529 385,545 544,614 358,082 762,880 762,880 Fund balance (deficit) - December 31 $ 56,140 $ 136,459 $ 240 529 $ 385 545 $ 544,614 $ 358,082 $ 762,880 $ 789,412 $ 803,943 Fund Balance Detail: FB- Replac Res for Common Space $ 143,702 $ 154,449 $ 179,283 $ 173,560 $ 200,606 $ 190,067 $ 216,790 $ 241,790 $ 241,790 FB - Unassigned (87,562) (17,990) 61,246 211985 344,008 168,015 546,090 547,622 5622153 _S56 $ 136,459 $ 240,529 $ 385,545 $ 544,614 $ 358,082 $ 762,880 $ 789,412 $ 803,943 Debt Service Payments 2012C GO Abatement Bonds (P+1) $ 1,214,906 $ 1,216,506 $ 1,213,731 $ 1,211,481 $ 1,208,931 $ 1,215,981 $ 1,212,631 $ 1,213,931 $ 1,213,931 2019A GO Abatement Bonds (P+1) 590,150 819,725 1,109,755 1,109,755 $ 1,214,906 $ 1116,506 $ 1,213,731 $ 1,211,481 $ 1208,931 $ 1,806,131 $ 2,032,356 $ 2,323,686 $ 2,323,686 Property Tax Levy 2012C GO Abatement Bonds $ 975,632 $ 977,332 $ 974,418 $ 972,055 $ 969,378 $ 976,780 $ 973,263 $ 974,628 $ 974,628 2019A GO Abatement Bonds - - - - - 1,001,090 976,966 1,014,065 1,014,065 Community Center Operations 155,000 155,000 155,000 $ 975,632 $ 977,332 $ 974,418 $ 972,055 $ 969378 $ 1977,870 $ 2,105,229 $ 2,143,693 $ 2,143,693 ANDVER COMMUNITY CENTER FACILITY UPDATE DEC 2022 -JAN 2023 DEC 2 -AHS BOYS HOCKEY VS MOORHEAD DEC 3-4 - CAROUSEL CRAFT HOLIDAY SALE DEC 5 - FLEX HOCKEY DEC 6 - AHS BOYS VS BENILDE DEC 8 -AHS BOYS VS ROGERS DEC 13 -AHS GIRLS VS ANOKA DEC 17 -AHS BOYS VS WAYZATA DEC 18 -MN PREMIER VOLLEYBALL JAMBOREE DEC 23 -JAN 2 -NO SCHOOL -EXTRA DAYTIME ACTIVITIES DEC 31- HOMETOWN HOCKEY- HOCKEY FEST JAN 3 -AHS GIRLS VS CHAMPLIN JAN 5 -AHS BOYS VS MAPLE GROVE JAN 6 -AHS GIRLS VS BLAKE JAN 7 -AHS GIRLS VS PROCTOR JAN 7 -8 -MN PREMIER VOLLEYBALL TOURNAMENT JAN S- WINTER LEARN TO SKATE LESSONS BEGIN- 6 WEEKS JAN 10 -AHS GIRLS VS MAPLE GROVE JAN 12 -AHS BOYS VS. CENTENNIAL JAN 14 - AHS GIRLS VS HILL-MURRAY JAN 14 -ACC INDOOR SOCCER WINTER PROGRAM BEGINS -7 WEEKS JAN 14 -AAA IN-HOUSE BASKETBALL JAN 15 -MN PREMIER VOLLEYBALL TOURNAMENT JAN 20 -AHS GIRLS VS GRAND RAPIDS JAN 21 -AHS BOYS VS ANOKA JAN 21 -AAA IN-HOUSE BASKETBALL JAN 22 -MN PREMIER VOLLEYBALL TOURNAMENT JAN 24 - AHS GIRLS VS CENTENNIAL JAN 26 - AHS BOYS VS SPRING LAKE PARK JAN 28 -AAA IN-HOUSE BASKETBALL TRACK - YTD 12.425 JAN -1846 JULY - 405 FEB - 1960 AUG - 389 MARCH - 2054 SEPT- 500 APRIL- 1931 OCT- 748 MAY - 795 NOV -1343 JUNE -454 DEC -TBD C I T Y O F 103, ND OVEN 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 Administra FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2023 Polling Locations DATE: December 20, 2022 INTRODUCTION State Statute 204B.16, subd. 1 requires all municipalities to designate polling places for the next calendar year. DISCUSSION The language of the State Statute requires cities to pass a resolution prior to December 31' of each year setting polling places for the following year. ACTION REQUIRED The City Council is requested to adopt the attached resolution establishing 2023 polling locations. Respectfully submitted, Lflw � Michelle Hartner Deputy City Clerk Attached: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R-22 A RESOLUTION ESTABLISHING ELECTION POLLING PLACES WHEREAS, State Statute 204B.16 requires all municipalities to designate polling places for each precinct by December 31" each year for the next calendar year; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the following as polling places for 2023: Precinct 1 Hope Lutheran Church 16180 Round Lake Boulevard NW Precinct 2 Grace Lutheran Church 13655 Round Lake Boulevard NW Precinct 3 Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW Precinct 4 Crooked Lake Elementary School 2939 Bunker Lake Boulevard NW Precinct 5 Andover Christian Church 16045 Nightingale Street NW Precinct 6 Prairie Oak Community Church 1657-1615 Avenue NW Precinct 7 Andover Community Center 15200 Hanson Boulevard NW Precinct 8 Andover Community Center 15200 Hanson Boulevard NW Precinct 9 Bunker Hills Activity Center 550 Bunker Lake Boulevard NW Precinct 10 Andover Elementary School 14950 Hanson Boulevard NW Adopted by the City Council of the City of Andover this 20th day of December 2022. CITY OF ANDOVER Attest: Sheri Bukkila - Mayor Michelle Hartner-Deputy City Clerk C IT Y OF DOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City FROM: Michelle Harmer, Deputy City SUBJECT: Approve 2023 Liquor Licenses DATE: December 20, 2022 INTRODUCTION Liquor licenses expire on December 31, 2022. DISCUSSION The following have applied for renewal of their licenses and paid the appropriate fees: On -Sale IntoxicatingLiguor Andover Lanes — 13 83 3 Martin Street Beef O'Brady's —15190 Bluebird Street, Suite 114 Mrs. Taco — 1574 154a' Avenue, Suite 102 (contingent on an approved background investigation) Unique Dining Experiences LLC —13545 Martin Street On -Sale Wine White Rabbit —15190 Bluebird Street, Suite 107 The Sheriff s Office has approved the background investigations. All applicant requirements have been reviewed and approved by the Clerk's office. ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2023 through December 31, 2023. Respectfully submitted, Q�)4a+� Michelle Hartner Deputy City Clerk Attach: License applications r,_�s Minnesota Department of Public Safety Alcohol & Gambling Enforcement Division 445 Minnesota Street, 1600 St Paul, Minnesota 55101 ✓r, - yM1� 651.201-7507 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also requlred by M.S. 340A.404 8.3 to report any license cancellation. License Code: ONSS License Period Ending: 12/31/2022 Iden: 71335 Issuing Authority: Andover Licensee Name: Triple Shift Entertainment LLC Trade Name: Andover Lanes Address: 13633 Martin St NW Andover, MN 55304 Business Phone: 7637548000 License Fees: Off Sale: $0.00 On Sale: $5,250.00 Sunday: $200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should he used. See back of this application for further information needed to complete this renewal. Aunllcanfs signature on this renewal confirms the following, Failure to report any of the following may result in civil penalties 1. Licensee confirms It has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. Please see attached. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county In the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years It has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or Its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been Issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation Insurance will be kept In effect during the license perlod.Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. Licensee has attached a liquor liability Insurance certificate that corresponds with the license period in city/county where license is Issued. $100,000 in cash or securities or $310,000 surety bond may be submitted in lieu of liquor ilability,(3.2liquor licenses are exempt _ If sales are less than $25,000 at on sale, or $50,000 at off sale). lov-44- 11/18/2022 Licensee Signature DOB SSN Date (Signature certifies all above Informatlon to be correct and license has been approved by city/county.) City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board Issued licenses only(Signature certifies licensee Is eligible for license). Slgna6re certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. Document Ref: PPRWI-NNPA6-REM86-0HKVN. Page of 18 3�e Minnesota Department of Public Safety //B/e�' Alcohol & Gambling Enforcement Division 445 Minnesota Street, 1600 St Paul, Minnesota 551011 651-201.7507 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license cancellation. License Code: ONSS License Period Ending: 12/31/2022 Iden: 74492 Issuing Authority: Andover Licensee Name: Bhappy Hospitality LLC Trade Name: Beef 0 Brady's Address: 15190 Bluebird St Suite 114 Andover, MN 55304 Business Phone: 7634342700 License Fees: Off Sale: $0.00 On Sale: $5,250.00 Sunday: $200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Anolicant's signature on this renewal confirms the followina• Failure to renort any of the following may result in civil penalties 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period.Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $310,000 surety bond may be submitted in lieu of liquor liability.(3.2 liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). s Licensee Signatu a DOV SSN Date (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only(Signature certifies licensee is eligible for license). Signature certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. .o.. Minnesota Department of Public Safety Alcohol & Gambling Enforcement Division 445 Minnesota Street, 1600 r i St Paul, Minnesota 55101 651-201.7507 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license cancellation. License Code: ONSS License Period Ending: 12/31/2022 Iden: 74484 Issuing Authority: Andover Licensee Name: Tasty Taco Inc Trade Name: Tasty Taco Address: 1574 154th Ave NW Suite 102 Andover, MN 55304 Business Phone: 612-868-7837 License Fees: Off Sale: $0.00 On Sale: $5,250.00 Sunday: $200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. AAnplicant's signature on this renewal confirms the following• Failure to report any of the followina may result In civil penalties 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period.Licensee has attached a liquor liability insurance to that corresponds with the license period in city/county where license is issued. ed a liqu liability insurance certificate that corresponds with the license period in city/county where license is i ash securities or $310,000 surety bond may be submitted in lieu of liquor liability.(3.2 liquor licenses are exempt 00 at on sale, or $50,000 at off sale). 7 oc)a- uuti SSN Dat all above information to be correct and license has been approved by city/county.) City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only(Signature certifies licensee is eligible for license). Police/Sheriff Signature Date Signature certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. /o Minnesota Department of Public Safety Alcohol & Gambling Enforcement Division 445 Minnesota Street, 1600 St Paul, Minnesota 55101 651-201-7507 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee. is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license cancellation. License Code: Issuing Authority: Licensee Name: Trade Name: Address: Business Phone: License Fees: ONSS License Period Ending: 12/31/2022 Andover Unique Dining Experiences LLC Courtyards of Andover 13545 Martin St NW Andover, MN 55304 7637546953 Off Sale: $0.00 On Sale: $5,250.00 Sunday: $200.00 Iden: 37874 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the followina• Failure to report any of the following may result in civil penalties 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period.Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $310,000 surety bond may be submitted in lieu of liquor liability.(3.2 liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Sigr(Mure \ DOB SSN Date (Signature certifies all above`Information to be correct and license has been approved by city/county.) City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only(Signature certifies licensee is eligible for license). Signatfire certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. �-- Minnesota Department of Public Safety Alcohol & Gambling Enforcement Division a 445 Minnesota Street, 1600 St Paul, Minnesota 55101 651-201-7507 \ RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approve or released until the $20 Retailer ID Card fee is received by Alcohol and Gambling Enforcement Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S.3 to report any license cancellation. License Code: MWNONSB Issuing Authority: Andover Licensee Name: Tamrob Concepts Trade Name: White Rabbit Kitchen Address: 15190 Bluebird St NW Andover, MN 55304 Business Phone: License Fees: Off Sale: $0.00 License Period Ending: 12/31/2022 Iden: 75576 On Sale: $500.00 Sunday: $0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to renort any of the following may result in civil penalties. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period.Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $310,000 surety bond may be submitted in lieu of liquor liability.(3.2 liquor licenses are exempt if sales are less than) $25,009 at on sale, or $50,000 at off sale). 9 DOB SS ' N Da e above informatio o be correct and license has been approved by city/county.) City Clerk/Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only(Signature certifies licensee is eligible for license). Signature certifies licensee or associates have been checked for any state/local liquor law violations (criminal/civil) during the past five years. Report violations on back, then sign here. r,`.'l. NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2023 Tobacco Licenses DATE: December 20, 2022 INTRODUCTION Tobacco licenses expire on December 31, 2022. DISCUSSION The following have applied for renewal of their license, paid the appropriate fees, and been approved by the Sheriff's Office: Pure Xhale — relocating February 1, 2023 to 14029 Round Lake Boulevard Smokey's Tobacco Inc. — 1714 Bunker Lake Boulevard Walgreens — 2134 Bunker Lake Boulevard ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2023 through December 31, 2023. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: License Applications &TI 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV THIS APPLICATION, FEE AND REQUIRED DOCUMENTATION MUST BE FILED AND A LICENSE OBTAINED BEFORE YOU CAN LEGALLY ENGAGE IN BUSINESS IN THE CITY OF ANDOVER, MINNESOTA. APPLICATION FEES ARE REFUNDABLE ONLY IF APPLICATION IS WITHDRAWN PRIOR TO APPROVAL. INCOMPLETE APPLICATIONS ARE NOT ACCEPTED. TOBACCO LICENSE APPLICATION BUSINESS INFORMATION: or 11402 - STREET NUMBER & ULAA Vd Luc,,, Ate- m s53oq- ZIP MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY STATE ZIP 2 J PHONE NUMBER: ( L03 ) e 3I-1 `—: f� ^ ALTERNATE NUMBER: aAd ( ) TYPE OF BUSINESS CONDUCTED AT LOCATION: V�N'e C*WD BUSINESS OWNERSHIP INFORMATION: TYPE OF OWNERSHIP: ❑ Individual E] Partnership 14 Limited Liability Corporation (LLC) ❑ Corporation (INC) IPt e �- LLQ. LLC NAME (attach additional sheets as necessary) I AM THE OWNER OF THE BUSSINESS:Yes F-1No (if no you must attach a written statement from the business owner that authorizes you to apply for the business license on behalf of the business owner) PREMISE/PROPERTY INFORMATION: THE PROPERTY AT WHICH 1 AM REQUESTING A LICENSE FOR, I E] Own ly I Rent [j Lease 0 Other: (If you rent or lease the premises, you must attach a copy of your fully executed rental -or lease agreement or a notarized statement from the property owner that you are authorized to operate such business or provide such services on the property) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV APPLICANT INFORMATION: Heather Lea Ingman APPLICANT NAME (First, Middle, Last) HOMEADDRESS PHONE NUMBER: (_ — - EMAIL ADDRESS: CITY STATE ZIP ALTERNATE NUMBER: ( DRIVER'S LICENSE #: _ _ EXPIRATION DATE: _ OATE OF ISSUANCE: PLEASE ANSWER ALL QUESTIONS TRUTHFULLY AND TO BEST OF YOUR KNOWLEDGE. IF THE APPLICATION IS SUBMITTED ON BEHALF OF A PARTNERSHIP, LLC OR CORPORATION, YOU MUST INCLUDE THE FOLLOWING INFORMATION FOR EACH PARTNER, OFFICER AND DIRECTOR (attach additional sheets as necessary) 1. Have you ever been convictedof any misdemeanor or felony violation of local ordinances (with the exception of misdemeanor traffic violations)? 0 Yes ® No (if yes you must provide detalls of conviction(s); date of offense, date of conviction, location and charge) 2. Have you ever applied for or held a license to conduct a like or similar activity in any other City or State, not Including Andover? Q Yes ❑ No (if yes you must provide detalls; description, date and location) Peguot lakes , Baxter, Cambridge Little Falls 3. Have you ever been denied a license to conduct a similar or like activity or had such licenses suspended, revoked or canceled In any City or State, Including Andover: ❑ Yes Q No (if yes you must provide details; description, date and location) 4. List all names, nicknames and aliases by which you have been known: 5. List two (2) of your previous addresses, immediately prior to your present address: M =- W7 m, Y ^� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV ONLY FULLY COMPLETED APPLICATIONS ARE ACCEPTED. PAYMENT AND ALL REQUIRED DOCUMENTATION IS REQUIRED AT TIME OF APPLICATION SUBMITTAL. CHECKLIST OF REQUIRED DOCUMENTATION: ❑ License Application Packet, fully completed, E) Payment $250.00 ❑ Photocopy of Current Minnesota Driver's License, Minnesota State Issued Identification Card or other Government Issued Identification as evidence that applicant is at least eighteen (18) years of age. El Workers Compensation Form (State requirement) Tax Clearance Form (State requirement) Tennessen Warning Form (State requirement) EJ Minnesota Department of Revenue License Application (State requirement) I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance providing for the granting of this license. I do hereby swear that the answers in this application are true and correct to the best of my knowledge. I do authorize the City of Andover, its agents and employees to obtain any necessary information and to conduct an investigation, including background checks, as deemed necessary by the City of Andover into the truth of the statements set forth in this application and the qualifications for said license. I do understand that providing false information shall be grounds for denial of my license. I fully understand that it is my responsibility to be familiar with and abide by the requirements of the City, which is detailed in the pertinent section of the Andover City Code, which is available on the City website at www.andovermn.gov or upon request from the City Clerk and to be familiar with and abide by the laws of the State of Minnesota relating to this licensure. I further understand that the information supplied within this application is classified as public data and will be provided to the public upon request. Signature: l SCADate: Approved: Denied: Sheriffs Office 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV THIS APPLICATION MUST BE COMPLETED BY: IF BY A NATURAL PERSON, BY SUCH PERSON; IF BY A CORPORATION OR LLC, BY AN OFFICER OF THE CORPORATION OR LLC; IF BY A PARTNERSHIP, BY ONE OF THE PARTNERS; IF BY AN UNINCORPORATED ASSOCIATION, BY THE MANAGER OR MANAGING OFFICER OF THE ASSOCIATION. IF THERE HAS BEEN A CHANGE IN OWNERSHIP, YOU MUST APPLY AS A NEW LICENSE. TOBACCO LICENSE RENEWAL APPLICATION INDIVIDUAL COMPLETING RENEWAL APPLICATION: This individual must be the business owner o a corporate officer. - —. � Ays5nw Acta '&o �, t�/" FULL NAME (First, Middle, Last) DAT OF BIRTH HO E ADDRESS CITY STATE ZIP MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY STATE ZIP PHONE NUMBER: _ 1. _ ALTERNATE NUMBER: I EMAIL ADDRESS: DRIVER'S LICEN: " - _ �" EXPIRATION DATE: V " PERSONAL HISTORY INFORMATION: Personal History Information must be completed by the above named individual If you have resided at the above address for less than ten (10) years, please list previous ddresses. /STATE OF ISSUANCE: Have you ever been denied a license conduct a similar or like activity or had such a license suspended, revoked or canceled in any City or State, including Andover: Yes Q No Z (if yes you must provide details,, description, date and location) Attach additional sheets as necessary. At any time, have ou been cc cted of any felony, crime or violation of a federal or state law or local ordinance other than a misdemeanor traffic violation? Yes No (if yes you must provide details,, date of offense, type of offense and location of offense) Attach additional sheets as necessary. • , , ' -.�:IL 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV BUSINESS INFORMATION: BUSINESS lkw PREMISE VCA MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY STATE ZIP LICENSE CONTACT INFORMATION: List the individual thatwill serve as the City Conta person for the license application and license related questions. Lj., 1 /J>,7 /7 , / MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY STATE ZIP PHONE NUMBER: ( _ c /! ALTERNATE NUMBER: ( 1 V - EMAIL ADDRESS BUSINESS LOCATION CONTACT INFORMATION: List the individual that will serve as the Busines Location Contact person, i.e. Store Manager. SUA �%li,7d,7ut( ZIP MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY STATE ZIP PHONE NUMBER: EMAIL ADDRESS: ALTERNATE NUMBER: ( 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV ONLY FULLY COMPLETED APPLICATIONS ARE ACCEPTED. PAYMENT AND ALL REQUIRED DOCUMENTATION IS REQUIRED AT TIME OF APPLICATION SUBMITTAL. CHECKLIST OF REQUIRED DOCUMENTATION: LJ License Application, fully completed. ❑ Annual Fee $250.00 0 Photocopy of Current Minnesota Driver's License, Minnesota State Issued Identification Card or other Government Issued Identification as evidence that applicant is at least eighteen (18) years of age. 0 Workers Compensation Form (State requirement) o Tax Clearance Form (State requirement) E) Tennessen Warning Form (State requirement) El Minnesota Department of Revenue License Application (State requirement) I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance providing for the granting of this license. I do hereby swear that the answers in this application are true and correct to the best of my knowledge. I do authorize the City of Andover, its agents and employees to obtain any necessary information and to conduct an investigation, including background checks, as deemed necessary by the City of Andover into the truth of the statements set forth in this application and the qualifications for said license. I do understand that providing false information shall be grounds for denial of my license. I fully understand that it is my responsibility to be familiar with and abide by the requirements of the City, which is detailed in the pertinent section of the Andover City Code, which is available on the City website at www.andovermn.gov or upon request from the City Clerk and to be familiar with and abide by the laws of the State of Minnesota relating to this licensure. I further understand that the information supplied within this application is classified as public data and will be provided to the public upon request. Signature: X Title: Approved: Denied: Sheriffs Office Date: IL -61 AML .,AN 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV THIS APPLICATION MUST BE COMPLETED BY: IF BY A NATURAL PERSON, BY SUCH PERSON; IF BY A CORPORATION OR LLC, BY AN OFFICER OF THE CORPORATION OR LLC; IF BY A PARTNERSHIP, BY ONE OF THE PARTNERS; IF BY AN UNINCORPORATED ASSOCIATION, BY THE MANAGER OR MANAGING OFFICER OF THE ASSOCIATION. IF THERE HAS BEEN A CHANGE IN OWNERSHIP, YOU MUST APPLY AS A NEW LICENSE. TOBACCO LICENSE RENEWAL APPLICATION INDIVIDUAL COMPLETING RENEWAL APPLICATION: This Individual must be the business owner or a corporate officceerrl.L_y[1�( FULL NAME (First, Middle, L`asrt� S ,' NATE OPBIR I N HOME ADDRESS PO MAILING ADDRESS (IF DIFFERENT FROM ABOVE) PHONE NUMBER: EMAIL ADDRESS: DRIVER'S LICENSE; CITY ' _ ALTERNATE NUMBER:(, , _ I (J {PIRATION DATE: PERSONAL HISTORY INFORMATION: Personal History Information must be completed by the above named individual. If you have resided at the above address for less than ten (10) years, please list previous addresses. JIAIt :F ISSUANCE: Have you ever been denied a lice s to conduct a similar or like activity or had such a license suspended, revoked or canceled in any City or State, including Andover: Yes Q No (if yes you must provide details; description, date and location) Attach additional sheets as necessary. At any time, haveou been or4icted of any felony, crime or violation of a federal or state law or local ordinance other than a misdemeanor traffic violation? Yes �] No V1 (if yes you must provide detaiis; date of offense, type of offense and location of offense) Attach additional sheets as necessary. CITY OF i� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV BUSINESS INFORMATION: 0 Z y ,ate fel tid �J MIJ 3a STATE ZIP LICENSE CONTACT INFORMATION: List the individual that will serve as the City Contact person for the license application and license related questions. CITY F ZIP PHONE NUMBER: ALTERNATE NUMBER: ( 1_ { EMAIL ADDRESS: _ BUSINESS LOCATION CONTACT INFORMATION: List the individual that will serve as the Business Location Contact person, i.e. Store Manager. NAME Zk MAILING w 1.a4o- 61 v q (,� CITY n. PHONE NUMBE' .TERNATE NUMBEF-, _ i EMAIL ADDRESS: V C I T Y !0 �F^ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-6923 • WWW.ANDOVERMN OOV ONLY FULLY COMPLETED APPLICATIONS ARE ACCEPTED. PAYMENT AND ALL REQUIRED DOCUMENTATION IS REQUIRED AT TIME OF APPLICATION SUBMITTAL. ' CHECKLIST OF REQUIRED DOCUMENTATION: 61nnual icense Application, fully completed. Fee $250.00 �yV photocopy of Current Minnesota Driver's License, Minnesota State Issued Identlflcatlon Card or other G�/ overnment Issued Identification as evidence that applicant is at least eighteen (18) years of age. Workers Compensation Form (State requirement) �f� x Clearance Form (State requirement) nnessen Warning Form (State requirement) Minnesota Department of Revenue License Application (State requirement) I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to Inspect my premises and agree to the forfeiture of my license If found to have violated the provisions of the ordinance providing for the granting of this license. I do hereby swear that the answers in this application are true and correct to the best of my knowledge, I do authorize the City of Andover, Its agents and employees to obtain any necessary Information and to conduct an investigation, including background checks, as deemed necessary by the City of Andover into the truth of the statements set forth In this application and the qualifications for said license. I do understand that providing false Information shall be grounds for denial of my license. I fully understand that It Is my responsibility to be familiar with and abide by the requirements of the City, which Is detailed in the pertinent section of the Andover City Code, which Is available on the City website at www.andovermn.gov or upon request from the City Clerk and to be familiar with and abide by the laws of the State of Minnesota relating to this licensure. I further understand that the Information supplied within this application Is classified as public data and will be provided to the public upon request. Signature: CS&d&7 11 2� Title: Assistant Treasurer —� Approved:_ Denied:— Date:, enied: ;erase Fees: $250,00 License tion by City Council: Approved Denied Date: Date: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2023 Massage Therapy Licenses DATE: December 20, 2022 INTRODUCTION Massage Therapist/Establishment licenses expire on December 31, 2022. DISCUSSION The following has applied for renewal of their license, paid the appropriate fee and been approved by the Sheriff's Office. • Leigh Welch, Healthyself Therapeutic Massage — 15190 Bluebird Street, Suite 108 • Anthony Stehr, Healthyself Therapeutic Massage —15190 Bluebird Street, Suite 108 • Kraig Wheeler, Healthyself Therapeutic Massage —15190 Bluebird Street, Suite 108 ACTION REQUIRED The City Council is requested to approve the licenses for the period of January 1, 2023 through December 31, 2023. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: License Applications 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE APPLICATION 1. Name of Applicant 2. Applicant's Date of Birth (must n 18 yrs old) 3. Telephone Number of Applicant_ 4. Email Address of Applicant _ - 5. Home Address of Applicant _ 6. Address of Business/Pr@mises to be 7. Name of Business/Premises1�1a� f 8. Telephone Number for Business/Premises�� • `Q� `� �{ g� Description of Business/Premise g tq be Licensed 10. Name of Owner of Premises to be Licensed 11. Address of Owner of Premises to be Licensed 12. Within the preceding five years has the applicant or spouse been convicted of any felony, crime or violation of any ordinance other than traffic. If so, provide the state or county fonviction, the date of conviction and the specific crime so committed. f4 13. If the applicant is a corporation list the names, addresses and dates of birth of all persons h wing66a be filial inter%�st therein (i.e. officers, directors, stockholders). ,o,'akn 1 �T�n to be provided. nrf1P1 The information requested in items 1,2,3 and 9 must be provided for all owners, lessees, operators and massage therapists of the proposed therapeutic massage establishment. insurance" Each applicant for a license shall file with the city a public liability insurance policy or certificate of insurance from a company authorized to do business in the state of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the therapeutic massage establishment, The policy of insurance shall be in limits of not less than five hundred thousand dollars ($500,000.00). Failure to keep in full force and effect the insurance required herein is grounds for revocation, Prior to consideration of the application by City Council, an investigation shall be made by the code enforcement officer and the building official to determine compliance with this chapter of all premises proposed to be licensed, and by the County Sheriffs Department of all persons listed on the license application. Please attach a copy ofyour driver's license. Applicant and associates in this application will strictly comply with all ordinances of the City. I hereby certify that I have read the foregoing questions and that the answers are true of my own knowledge. Licenses expire on December 31St of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. Ig-f!✓ oC flte License Fees: _ Single Application: $200.00 _ Corporate Application:. $300.00 _ Partnersbip Application: $300.00 —Residential Application: Conditional Use Permit (rofer to fee sohurule for fee) (fees include investigation fee) Renewal Fee: $150.00 License # Q22 -L% Amount Paid 1450 •Ub Date Paid as City Clerk: Approve Deny City Council*: Approve Deny * Council needs to approve Conditional Use Permit requests only. 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 nM !1 nY �\)\ �l hlA \ Fust Middle Last A 2. Applicant's Date of Birth (must be is yeas old) 3. Telephone Number of Applicant - 4. Email Address of Applicant 5. Home Address of Applicant nl�nl f r n 6. I will be working as a massage therapist at: a Residential Home. Provide address & legal description of home 1�. a Business. Provide address of business CM O MU'\QLA 7. Number of years experience as a massage therapist 8. Previous employment as a massage therapist (list name, address and position held: L 9. Description of any crime or other offense, including the time, place, date, and disposition for which the applicant has been arrested and 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, %T'lease aftaeh a copy of yourraver's'1>ee>ise Licenses expire on December 310 of each year. Lack of payment of annual licensing fee shall be cause for revocation of license, /f—/ n, , I _ lI L3 Signature of Applicant pato YYYYY YYY YYYYYYYYYYYYYYYIIY tYYl1YYtY YYYIIYY YYY •YYYYYYYYYYYYYYYYYYYYYYYYYYY �:.�} s ♦ _Y, 'j 'r -'xty is 7 a t .. T .s d if r S ,r art �,,>rY IYlassageeraI�t,AgPl>catio�i.p�e3,15�b0 AXiit>a11 t p � ; < 'ij(izt�ltitic�¢s a�`��lig�aP�i �e 5` I 'Wu tie F y. 1� r 8? —.' ���r 1'"' y+' Approve ]3eLV' v n ShexifYS:Olficez CtyIerk..—ApProve a, Deny F . 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: Name of First) Middle Last 2. Applicants Date of Birth (must be 18 years old) 3. Telephone Number of Applicant. 4. Email Address of Applicant T 5. Home Address of Applican AAh/ 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 / S/V glm-b ro( 51 IVI.✓ Sul �e 4 /01 7. Number of years experience as a massage therapist q 8. Previous employment as a massage therapist (list name, address and position held: P'la� 6-oyy 3225 V`cu5bcr'G Lo IV Am Ant Lfe, F4ml'ly chiroot d c. 5 27 Coon Rat'odl pfd, 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. ri•. Licenses expire on December 318 of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. )X- k .14-%-22 (/ SignatareofAppllcant Date Y■YYYRYYYY■YYY■■■■YYYRY■YRRRtl■YYYYY■YRR YYtlRYRY■YYYYRYY■■tltl YYYYYYYYYYY■ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council V\\\ .- CC: Jim Dickinson, City Administrato FROM: Michelle Harmer, Deputy City Clerk SUBJECT: Approve 2023 Used Vehicle Sales Business License DATE: December 20, 2022 INTRODUCTION Used Vehicle Sales Business licenses expire on December 31, 2022. DISCUSSION The following have applied for renewal of their Used Vehicle Sales License and paid the appropriate fee. Divine Auto Sales LLC — 3138 162"a Lane, Suite 2W ACTION REQUIRED The City Council is requested to approve the above license for the period January 1, 2023 through December 31, 2023. ' 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 Used Vehicle Sales Business License Renewal Application Required Documents: • Completed Application Form • Vehicle Sales License Feer $105.00 • Copy of State Dealers License • State Workers Compensation Form • State Verification of Property Lease Form Person Applying For License: First Name4.J�tCOPY) Middle Name `E'�VS Last Name L Business Name �%) ' �Gi v i L C Business Address Home Address i3k Ln A vi A,)Lvw t Home Phone isiness Phone ax Email Address _ « r • . I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 3151 of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. �J 1 Z bS Zz Signature Date 0 4- . STATE OF MINNESOTA Dealer License Certificate DEALER NUMBER: Name: Address: Additional Location: Owners/Officers JACKSON MOLLEL MAYI NAKAYIZA DLR38724 DIVINE AUTO SALES LLC 3138 162ND LN NW STE 2W ANDOVER MN 55304-4990 EXPIRATION: Dealer Type: 31 -Jan -2023 Used . C , r-. Or �Fif .IAo rrrces C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55; FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Commander Paul Lenzmeier - Anoka County Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff December 20, 2022 8 D6 INTRODUCTION Commander Paul Lenzmeier from the Anoka County Sheriff's 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 -NOVEMBER 2022 OFFENSE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD 2022 YTD 2021 Call for Service 1,122 895 963 957 1,142 1,181 1,169 1,146 1,091 1,098 1,098 0 11,862 11,911 Burglaries 2 0 1 3 1 0 1 1 1 0 10 18 Thefts 34 28 42 28 32 27 37 24 22 16 17 307 265 Crim Sex 0 0 3 3 2 1 0 3 0 0 4 16 14 Assault 2 1 3 6 2 1 1 3 2 5 6 32 29 Dam to Property 4 6 5 11 6 9 9 3 3 4 7 67 88 Harass Comm 1 1 0 0 2 0 0 0 0 0 0 4 4 PI Accidents 10 3 4 4 7 8 10 14 8 5 5 78 54 PD Accidents 52 45 30 41 31 42 30 29 45 47 58 450 388 Medical 154 86 91 92 101 110 1 89 107 92 116 153 1,191 1187 Animal Complaint 18 12 28 31 53 81 46 31 40 40 47 427 393 Alarms 40 38 35 40 31 38 38 50 44 31 38 423 307 Felony Arrests 6 1 1 8 0 4 7 4 3 5 2 41 70 GM Arrests 3 0 5 2 4 4 4 1 4 10 6 43 23 Misd Arrests 10 15 32 13 16 17 26 19 12 15 14 189 141 DUI Arrests 4 5 3 2 3 4 6 4 4 9 3 47 57 Domestic Arrest 4 1 2 3 1 4 3 3 2 2 3 2 29 38 Warrant Arrest 10 8 7 4 5 7 1 1 3 5L60 56 76 Traffic Stops 171 199 157 29 153 179 51 54 269 247 250 315 249 2,425 2758 Traffic Arrests 51 70 79 139 100 149 62 844 849 DUI Offenses: Day of Week: Sunday Monday Tuesday Wednesday Thursday Friday Saturday 14000 2:59 PM 8:32 PM 2:26 AM Time: 10000 Patrol Division Monthly Report Page 16 City of Andover Calls for Service 14000 12000 10000 8000 6000 4000 1,098 1,098 2000 0 Current Last YTD YTD Month Month 2022 2021 Patrol Division Monthly Report Page 16 PATROL DIVISION CITY OF ANDOVER CSO'S ACTIVITY- JANUARY- NOVEMBER 2022 OFFENSE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC YTD 2022 YTD 2021 Call for Service 75 71 47 52 81 77 114 163 181 119 140 1,120 903 Accident Assist 7 6 4 6 6 4 6 11 23 8 13 94 85 Vehicle Lock Out 13 7 3 4 10 3 6 16 11 11 9 93 113 Extra Patrol 22 12 16 34 4 33 8 4 7 7 18 165 1,856 House Check 0 0 0 0 0 0 0 0 0 0 0 0 0 Business Check 0 0 0 0 0 0 0 0 0 0 0 0 0 Animal Complaints 12 7 13 16 33 28 22 34 33 29 42 269 261 Traffic Assist 1 5 1 0 4 6 1 0 4 1 0 23 31 Aids: Agency 24 29 15 25 13 17 24 20 0 0 0 167 402 Aids: Public 38 36 22 21 21 32 38 74 96 61 57 496 318 Paper Service 0 0 0 0 0 0 0 0 0 0 0 0 0 Inspections 0 0 0 0 0 0 0 0 0 0 0 0 0 Ordinance Viol 2 1 5 4 5 1 0 10 4 10 2 1 1 44 105 1200 1000 800 600 400 200 City of Andover - CSO's Current Last YTD YTD Month Month 2022 2021 Patrol Division Monthly Report Page 17 12f7/22,12:57 PM VsiNet Browser: 21.102.194.8 - Problem Type Summary 1 Problem Type Summary 2 12:45 PM 12/07/2022 3 Data Source: Date Warehouse Agency: LAW ENFORCEMENT Division: Andover Law Day Range: Date From 11/1/2022 To 11/30/2022 Exclusion: . 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MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Honorable Mayor and City Counc' embers CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Development trector SUBJECT: Consider a Conditional Use Permit (CUP) Amendment to amend the Petersen Farms Planned Unit Development to incorporate the third phase of the Petersen Farms development which will be known as Legacy at Petersen Farms. (Applicant — JD Andover Holdings) - Planning DATE: December 20, 2022 INTRODUCTION The City Council is asked to consider a Conditional Use Permit Amendment (CUPA)/Planned Unit Development (PUD) Amendment for the third phase of the Petersen Farms development known as "Legacy at Petersen Farms". This request will modify the original PUD and PUD Amendments that occurred on December 18, 2018 and August 25, 2020. As originally written, changes to the "Master Plan" and each preliminary plat require an amendment to the PUD. The attached drawings are to be reviewed as a "PUD Sketch" indicating how this and future phases would develop. The PUD is requested by Landform, on behalf of JD Andover Holdings, who has a purchase agreement for the property. The PUD narrative submitted by the developer is attached for your review. Visual Comparison of 2020 Master Plan and 2022 Master Plan: 2020 Master Plan The two red roadway segments are proposed to be removed, along with lot lines adjusting to accommodate the fewer roadway segments. Additional details between the two plans can be found throughout this report. As the draft resolution of approval is prepared, approval of the Preliminary Plat would be included within the PUD provided it is approved within 1 year and consistent with the PUD amendment. Tonight's request does not change "Phase 2" or "Phase 1" requirements. If the City Council denies the requested amendment the applicant will still maintain the approvals already received. DISCUSSION According to City Code 13-3 Planned Unit Development, the purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means of greater creativity and flexibility in environmental design than provided under strict application of the standards set in code. Attached for your review is City Code 13-3. City Code 13-3-9 regulates the findings that are required for a PUD to be approved and 13-3-11 identifies desirable PUD design standards that are sought in any PUD proposal. As part of the attached PUD Narrative, the applicant addresses the design qualities they believe the city seeks when granting for a PUD proposal. City Code 13-3-9 states the following required findings for the Council to consider when approving a PUD (italicized responses are from the applicant's narrative): A. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed project is guided RR Rural Residential. This comprehensive plan land use is PA consistent with the surrounding land uses which are all RR Rural Residential. The proposed development will be consistent with the goals of the comprehensive plan. 2018 Comprehensive Plan Goals that may be relevant which are found in Chapter 1: Foundation of the Comprehensive Plan (see attachment for additional goals). Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Land Use Goals, Objectives and Policies Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low - impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases inform and approach to development. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. The requested flexibilities identified below contribute to achieving the purpose of a PUD, specifically: • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication ofopen space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid farther wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul- de-sac is to keep with the lot width approved as part of the first phase. The reduced lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. EI D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing howfuture development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. • The City Council will need to determine if the developer's proposal satisfactorily meets these required findings. Shoreland Management A lake classified as unnamed recreational lake 87W, exists within the development area. The applicant has provided an 11x17 map titled "PUD Development Plan— Shoreland Density." As part of the Shoreland Ordinance, the applicant is required to verify the proposed density by creating a tier system of 267 feet. Density is then compared to City Code within these tiers. The Shoreland Ordinance also allows for a density increase if a developer provides a larger setback (125 feet vs. 100 feet from the waterbody Ordinary High Water (OHW)) by placing vegetation around the recreational lake. The applicant has again proposed utilizing the Home Owners Association (HOA) to monitor the vegetation around the lake. The applicant provided the chart and map below showing Shoreland Overlay Density Data. This chart includes the acreage within each 267 -foot tier based on total acres, non -developable acres, base density (what is allowed without an increase), bonus density (what is allowed with the increase due to larger setback and vegetation requirements) and finally the number of proposed lots by the developer within each tier. Tonight's proposal has a reduction of 3 lots within the shoreland overlay vs. the last reviewed PUD Master Plan. Total Area Ter (Acres) 1 31.3 2 31.6 3 33.0 4 1 27.6 Total 123.4 Unsuitable Area (Acres) 7.7 10.3 11.6 4.3 33.8 Suitable Area (Acresl 236 2t.3 2tA 23.3 89.5 Base Density (slots) 9.4 8.5 8.6 9.3 35.8 Bonus Base Density' J# lots) 14.1 Wapaad tats 0 17.0 14 25.7 8 47.5 15 848 45 'Bonus Base Densly. To Qualify: Structure setbacks from the 0HWL must be r West 50%greyer IIsi the ni kn m setback. or TM mead on Me-alerbooy n reduced an eriunralent amount through rageWN management topography, or additional acceptable means. and the setba* a at Is" 25% greater than Me mmiman srdbadc Due to the Shoreland Overlay District, additional responsibilities are required of the developer. These include a mandatory Home Owners Association (HOA) and City Code provides requirements of the HOA. Developer created these requirements as part of the existing HOA. The HOA will be extended to include this phase of development. Phase 3 only includes the open space with riparian rights. The lots that will be available for home construction in Phase 3 will not be riparian lots. However, homes within 1,000 feet will be restricted by shoreland requirements (i.e. building height restriction of 35 feet, and lot coverage restriction of 25 percent) Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner E F association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplain, and dedication ofparkland to the city The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase I governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly SO acres of upland area comprising roughly half of the shoreland of this lake as dedicated open space. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following.• Preservation of at least seventypercent (70%) of the shore impact zone area will remain in its existing natural state. An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides two areas of 5, 000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. The applicant has indicated the development will meet all other shoreland standards including: • 125 -foot setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. • 25% max impervious coverage. • 25 -foot max building height. • 50% open space preservation within the Shoreland Overlay area. This is calculated on the exhibit labeled "Shoreland Overlay Open Space" which shows that 51% of the area located within the shoreland overlay is "open space". This is a reduction of I% from past approvals but still meets the 50% requirement. Lot Standards Tonight's request continues to utilize the standards established within the original PUD. The PUD minimum lot size is 1.5 acres, minimum lot width of 100 feet. Overall gross density for the development remains below .40 units per acre. CITY CODE Lot Size/Gross Density 2.5 acres/0.4 units per acre Lot Width 300 feet Lot Depth 150 feet SHORELAND 2.5 acres/0.4 units per acre 300 feet 150 feet PUD REQUIREMENTS 1.5 acres/0.32 units per acre 100 +150 feet Each lot will meet the City Code minimum requirement of 8,600 square feet of buildable area. The standard R-1 requirement allows for 3,600 square feet for a home location and two areas totaling 5,000 square feet to allow for septic systems. The applicant originally proposed providing an additional 34,960 square feet of "usable" area that does not include bluffs and wetlands, making the PUD "usable" minimum 1 acre (43,560 square feet) vs. the standard 8,600 square feet. This "one acre" would be the area of the lot that does not include bluffs and wetlands. Phase 3 also has a challenge with floodplain as introduced in Phase 2 Meadows at Petersen Farms. The definition of "usable" as used in Phase 1 Preserve at Petersen Farms did not address floodplain. While 41 lots within Phase 2 Meadows at Petersen Farms met the "one acre" of "usable" space; when floodplain was introduced as a reduction, five lots fell below the "one acre" requirement. Phase 3 Legacy at Petersen Farms has 2 lots that fall below the "one acre" requirement. The developer obtained approval within Phase 2 to allow for lots under "one acre" due to flood plain and is seeking to have 2 lots less than one acre due to flood plain in Phase 3. As the narrative and the map below points out; using the 100 -year back-to-back event would reduce two lots of the 33 lots below the "one acre". Please keep in mind that these areas are still owned and maintained by the property owner, who can still utilize the areas for recreation. Phase 3 — Lots under "1 -acre" Floodplain typically is defined as "lands having a I% chance of flooding" many refer to this as 100 -year storm event/flood. This particular development also experiences a "landlocked" basin. Due to the landlocked basin the floodplain elevation does include a "back-to-back 100 -yr event" (two 100 -year stomas in a row). This increases the area impacted by the floodplain. The City of Andover also requires the floodplain (both events) to be encompassed by drainage and utility easements. The drainage and utility easements will create limitations on what individuals can do with the property, however provided no other restrictions, they can still maintain and use the property. Setbacks The applicant will continue with a front yard setback of 30 feet vs. 40 feet. Street Improvements The applicant will continue with the approved flexibility with street construction standards, which has been reviewed in the past by staff, Planning and Zoning Commission and City Council. IP5A5D� FR LoneLocaF 15`IMOMFI5T0 iF9 Fvaro55nwo ronu LOT u�57 yACNFs) ��� 0.56 1.15 51 015 0.2 137 JIS ILSBOCk ILOi AREA C<,_ _=_;yl Floodplain typically is defined as "lands having a I% chance of flooding" many refer to this as 100 -year storm event/flood. This particular development also experiences a "landlocked" basin. Due to the landlocked basin the floodplain elevation does include a "back-to-back 100 -yr event" (two 100 -year stomas in a row). This increases the area impacted by the floodplain. The City of Andover also requires the floodplain (both events) to be encompassed by drainage and utility easements. The drainage and utility easements will create limitations on what individuals can do with the property, however provided no other restrictions, they can still maintain and use the property. Setbacks The applicant will continue with a front yard setback of 30 feet vs. 40 feet. Street Improvements The applicant will continue with the approved flexibility with street construction standards, which has been reviewed in the past by staff, Planning and Zoning Commission and City Council. City Standard PUD Right of Way width 60 feet 50 feet / 60 feet Rural Street Pavement width 26 - 31 feet 27 feet Rural Street Pavement width including Curb 31 feet 30 feet (no ditches) County Road Intersection(s) All County Road Intersections will need to be reviewed by the Anoka County Highway Department. Discussions occurred regarding intersection improvements along 71 Avenue and access points as shown on the PUD Development Plan. Anoka County Highway Department is looking at potential improvements to 7' Avenue and potential funding sources. A. The 1701 Avenue NW access point would provide for turn lanes as noted in past reviews by Anoka County Highway Department; however Anoka County Highway Department will have to review the location and determine needed improvements at time of the access location being officially proposed. At this time the Future 170'^ Avenue NW cul de sac exceeds the 500 foot maximum cul de sac length. The fire department is requesting an emergency access be provided for this cul de sac due to the length. The applicant is asking that the cul de sac be permitted without an emergency access. 10 B. This access point is for a possible roundabout access at County Road 7 and 1651 Avenue. If this intersection improvement does not occur within a specified time then it is possible to have a right in and right out at the existing farm site access point (C) according to Anoka County Highway Department. Three exhibits (EX.1, EX.2 & EX.3) were submitted for alternative alignments for potential future connection of Oneida Street to a potential future roundabout at 71 Avenue. EX.1 meets the statutory 35 mph design, but cuts through an existing delineated wetland. EX.2 avoids the existing wetland, however only meets a 30 mph design. EX.3 also avoids the existing wetland and meets the 35 mph statutory speed limit. Staffs recommendation is to provide an alignment avoiding and/or minimizing wetland impacts and meeting the 35 mph statutory speed limit (EX.3), with the understanding that losing lots is not desirable. Staff can work through detailed design with the developer during the preliminary plat reviews on this subject with the caveat that some revisions to lot and/or plat boundary lines on the south end of Oneida Street may be required compared to what is identified in the PUD amendment. 1' ./ 1J Iq C'J JI , ■H RSTE2m-_ M1tii 10 I1 LL(:jfl A'WLA LEGS�L. C. This is currently a driveway access to the farmsite. This will also serve as a temporary emergency access for a set time period, or could become a permanent right in right out access for the development if access point B does not occur within a set time period. While functioning as an emergency access a gate will be installed at the edge of the temporary cul de sac. D. This access point will be an emergency access to the permanent cul de sac. This emergency access point will have gates as approved by the Fire and Engineering Departments to restrict non- emergency vehicle access. 11 Ii ' r11G1'I - - �� •�' NMI. A p �/ L ;�/�_►�\\� � 11 -- ---_ 1, CJ ����Jw• SII I LL(:jfl A'WLA LEGS�L. C. This is currently a driveway access to the farmsite. This will also serve as a temporary emergency access for a set time period, or could become a permanent right in right out access for the development if access point B does not occur within a set time period. While functioning as an emergency access a gate will be installed at the edge of the temporary cul de sac. D. This access point will be an emergency access to the permanent cul de sac. This emergency access point will have gates as approved by the Fire and Engineering Departments to restrict non- emergency vehicle access. 11 12 While not an improvement related to this particular development, but a county transportation system improvement, Anoka County Highway Department is working to obtain funding for a roundabout at Ts Avenue and 165' Avenue NW as identified above. At this time, Anoka County is waiting for formal approval by the Metropolitan Council. Once funding is approved, this improvement would be expected in 2026/2027. This will be an Anoka County Highway Department improvement. Northwest Cul De Sac As shown, this is a temporary cul de sac with a future connection continuing in the northerly direction. However, during review by city staff, the soils for the future connection have raised concern related to the 12 13 future connection being feasibly constructed. While market conditions determine what is financially feasible, staff has requested this cul de sac be designed to permanent standards (93 feet vs. 80 feet). If this connection is not able to be made it is still possible for the northwestern portion of the development to occur, but it would only involve a connection at 170' Avenue NW without a secondary access. Other Street Connections Additional Access to Phase 1. As a condition of the last amendment, a condition the following condition was included as part of approval: Developer shall address to the satisfaction of staff, a secondary access to the Phase 1 Preserve at Petersen Farms. The developer has attempted to pursue the acquisition of the property to the south of Phase 1, however has not been able to acquire the property at this time. Utilities Each of the lots will be served by individual septic systems and private wells vs. a centralized system. Individual systems require the property owner to maintain, repair and replace the system. Parks and Open Space During review of previous phases of development, the City Council directed that a 46 -acre lot near the lake on the site should be dedicated to the City for open space purposes containing a trail connection. The rationale was that the open space area would help to meet development review criteria and contribute to a higher quality, more efficient and unified development. The PUD Development Plan shows 31 acres of open space between this and future phases (approximately 11 acres in this phase, and 20 acres in future phases). During the October 20, 2022 Park & Recreation Commission meeting the Commission did not express concerns with a reduction of open space in making their recommendation of cash -in -lieu of land to the City Council. This change will be evaluated by the City Council as part of their review. Legend 51 .Open Space - waMbodyshonelaaW seCeca, ftC ros, eebar d bellesdefeated car open space Trail Cmnedwn N open space 9 par" for hlatbi Leeaooes 13 Shorelend Overfly Nem Development Gross Developable Area 1393 acres Net Developable Area 94 1 atter Open Space Area 711 aces Ncmberof Lots •_ percent Open Space in Shoreland Overlay District 51% Legend 51 .Open Space - waMbodyshonelaaW seCeca, ftC ros, eebar d bellesdefeated car open space Trail Cmnedwn N open space 9 par" for hlatbi Leeaooes 13 14 The open space/natural park area no longer has street frontage and only provides for an easement to gain access. This may cause "issues" as people may park in front of homes while utilizing the open space/natural park area. The Park & Recreation Commission reviewed the proposed development and did not express concerns with not having street frontage along the open space in making their recommendation to the City Council. This layout will be evaluated by the City Council as part of their review. Information has been provided to the developer indicating that as part of the PUD the "Open Space" would be deeded to the City of Andover. The Park & Recreation Commission reviewed the proposed development and recommended the open space be owned and maintained by the homeowners association while still preserving public use. The City Council will consider the recommendation of the Park & Recreation Commission and make a final decision on park dedication requirements. Restrictions will need to be put into place to restrict the uses and development of the "open space" parcel and how this area would be preserved. During the review by Park and Recreation Commissioners it was discussed to allow for benches along the wood chipped trail segment. During the Park & Recreation Commission meeting, it was discussed that as part of future phases of development a survey should be conducted of the property owners in the Petersen Farms developments (including all phases) to see if they would be interested in having a park as part of the development. It was noted that a park could be considered near the proposed community space on the southern end of the development pending the results of that survey. The Parks and Recreation Commission meeting can be found by following the link here: Andover Park and Recreation Commission 10-20-2022 (gctv.org) or on QCTV.org. Other Standards With a PUD, all standards apply as typical, unless otherwise specified in the PUD request. The applicant is asking for deviations from the minimum standards as it relates to: The construction of a cul de sac longer than 500 feet; discussion related to the Minimum Net Land Area, revising the current PUD to include this third phase of the project, not utilizing a centralized septic system in the shoreland overlay. HOMEOWNERS ASSOCIATION (HOA) The applicant will extend the current HOA to maintain any common areas, monuments, along with enforcement of certain "uses" on the properties. These "uses" have been noted as not allowing for ATV use except for normal domestic chores, and additional outside storage. The HOA would be the entity that is responsible for the enforcement of the items listed as being restricted. It should also be noted that as individuals purchase property within the development, the buyer receives a copy of the HOA rules and requirements and title companies generally require acknowledgment of the document. That means the buyer will be aware of what the HOA will expect as it relates to any restrictions. This notice of HOA regulations carries forward to second and future buyers of the property as well. PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission held a Public Hearing and after 3 motions (motion to approve, motion to table, motion to deny), a 4' motion was unanimous to recommend to approve with an additional contingency of providing a second access to 7' Avenue into the 31 phase of the project. Video to the meeting can be found here: http://gctv.org/city meeting/andover-planning-commission-12-13-2022/ During the Public Hearing, the following comments were received 14 15 • Developer does not own the 425 acres. • Each phase has fallen short from what was originally proposed. • Do not have a timeframe for future improvements. • Infrastructure for the development has fallen short. • Park and Recreation Commission was not given proper time to review the proposal. • With roundabout coming it take a pause. • Wait for roundabout. • One access point is not enough for phase 2 and 3. • Not a matter of if another fatality will occur but when. • Waiting for more accidents to occur. • City is unaware of all the near misses. • Neighbors that do not have to enter at 165'^ Avenue use alternative means (1591), this development doesn't have an alternative. • Roundabout needs to be put in fust. • This development made no sense in 2020 and makes less sense today. • Hope the Planning and Zoning Commission can come up with enough common sense ideas that can be taken to City Council to slow this project down. • 2019 Traffic Study is not worth the paper it is written on. • In the last 15 to 20 years there has been many severe accidents including 12 fatalities from the old Tom Thumb (signal at 157`) to about 169'. • 165' Avenue and 71 Avenue have environmental factors such as fog (has video) that restricts visibility creating a more dangerous situation. • Unable to read the powerpoint presentation. • Areas North are building homes like crazy and all using 71 Avenue. • Had city staff member out and they could not believe the amount of traffic on 71 Avenue. • If concerned about public safety should put this on hold until roundabout is constructed. • Roadways should be wider. • Lack of enforcement on "NO PARKING" • School buses unable to make it through the development. • Delays due to construction traffic waiting up to 10 minutes and questioned what would happen if an emergency occurred? • Why continued variances of approval for things that have not been approved before in Phase 1, Phase 2 and now Phase 3. • Standards are created for safety and those standards should be followed. • Mercy Hospital is getting smaller with support and emergency rooms are congested, if something happened it becomes difficult to receive treatment. • Trying to enter 71 Avenue they pray that someone sees them before they enter traffic on 71 Avenue. • People will drive around extra miles to avoid traffic jams, but shouldn't have to drive further to avoid being killed. • Why Jivaro is not shown on the Master Plan. • Concerned related to marketing materials and what is being shown. • Wait until the roundabout is constructed. • How can staff review 500 pages and create a 12.5 minute presentation? • Conduct a traffic study based on actual traffic counts, utilizing tubes in the streets. • 165' access lacks turn lanes, the access is on a slope, and is unsafe. • Safety is a first for a lot of residents in the area. • Concerned on 20 year timeframe before second access, utilizing Inca until that time. 15 16 Planning and Zoning Commissioners discussed: • Traffic issues exist today. • It is possible for funding of roundabout to not be approved. • Construction of roundabout is a key piece to development. • The current plan provides a lot of options. • Would like to see guarantee of funding for roundabout and if there are 2022 traffic numbers. • Concern with length of cul de sac on 170' Avenue. • Uncertainty with roundabout at location B. • Find a second access to Phase 3 besides Inca. • Has emergency services reviewed the roadway width? • 166' is it proposed to be permanent cul de sac? • How do you escrow for road improvements 20 years out? • Are there opportunities for residents to be activists for county road improvements? • Is Inca Street a wider street then the others? • Concern related to not knowing what the real traffic flow is for the current phases as construction is still underway. • Can staff summarize the updated traffic study for those watching at home? • Traffic study shows a tripling in traffic from 2% to 6% of capacity on 1651. • A commissioner questions Traffic Study stating there is 94% capacity still existing on 165' due to being a short stretch of roadway. • Why can't the development wait until the roundabout is constructed? • Why are we talking about the 1701' Avenue cul de sac length? • Constantly move into each phase without all the answers. Makes it hard to make an informed decisions. • Two members indicated a critical part of information is firm decision funding on proposed roundabout at 1651 and 71 Avenue, even though it appears as though it is likely. • It would be more comfortable to know for certain the roundabout at C is set with funding. • Motion to recommend approval based upon draft resolution within packet. (3 ayes to 4 nay) motion failed. • Motion to table further discussion until first certain meeting in January 2023 to obtain result of Met Council vote on roundabout funding, and updated traffic study utilizing 2022 MNDOT information if it exists. Motion died due to lack of second. • Motion to recommend denial due to: The applicant has not demonstrated to the satisfaction of the Planning and Zoning Commission that a higher quality development will result due to the use of a PUD due to the following reasons: o The unknown impact of wells and septic along with further energy draw which might impact the area; o Unkown how the second connection to 71 Avenue will it result in a connection to the roundabout or will it be a right in/right out access. o The History of fatalities along 71 Avenue, environmental conditions (fog, ice, etc.) of the roadway, uncertainty in timing of secondary access are conditions that are immeasurable; o Only one access road into the property; and o Length of 170' Avenue cul de sac. • Denial would not change the current traffic concerns that residents have. • Developer has brought forward the information available at the time, development has risks, and developments change as time continues. • Motion to recommend denial failed (3 aye to 4 nay). • Motion to recommend approval of draft approval resolution, with the added condition to find and construct another access besides Inca. Motion approved unanimously. 17 CITY COUNCIL ACTION City Council is asked to consider the Planning and Zoning Commission recommendation provided from the December 20, 2022 at their regular meeting. The City Council shall consider City Code 13-3-9 required findings during the discussion of tonight's request whether it be for approval or denial of the request: 1. The proposed PUD is not in conflict with the goals of the Comprehensive Plan for the City; 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD; 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Attachments Draft Resolution of Denial .18 Draft Resolution of Approval .19 Applicants Narrative .24 City Engineer Letter .36 Site Location Area Map. .37 Public Hearing Notification Area .38 City Code 13-3 Planned Unit Development (PUD) .39 City Code 13-4-9 Shoreland Management Planned Unit Developments .43 Lots 4&5, Block 1 Lot Area Calcs - UPLAND .53 Email from applicant summarizing 2019 and 2022 Traffic Studies. .54 May 24, 2019 Traffic Impact Study — Petersen Farms Phase 2 .55 December 12, 2022 Traffic Impact Study — Petersen Farms Phases 2 and 3 .68 Public Comments Received Via Email .70 PUD Development Plan — Phase 3. .75 PUD Development Plan - Shoreland Density .76 PUD Development Plan — Shoreland Open Space. .77 CC: • Jason Osberg, Metrowide Development, 15356 Yukon St. NW, Andover, MN 55304 • Keith Petersen, 3084 Kahlberg Ct NE, St. Michael, MN 55376 • Darren Lazan, Landform Professional Services, LLC — Electronic only • Kevin Shay, Landform Professional Services, LLC —Electronic only 17 IR CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE CONDITIONAL USE PERMIT AMENDMENT/ PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022, LEGALLY DESCRIBED AS: PID 07-32-24-34-0004, 07-32-24-24-0001, 07-32-24-23-0002, 07-32-24-32-0002, 07-32-24-33- 0001, 07-32-24-34-0003; and, Meadows at Petersen Farms Outlots A and B, Meadows at Petersen Farms Lots 1-10 Block 1, Meadows at Petersen Farms Lots 1-13 Block 2, Meadows at Petersen Farms Lots 1-21 Block 3, and Meadows at Petersen Farms Lots 1 and 2 Block 4; and, Preserve at Petersen Farms Outlots A, B, and C, Preserve at Petersen Farms Lots 1-8 Block 1, Preserve at Petersen Farms Lots 1-14 Block 2, and Preserve at Petersen Farms Lots 1 and 2 Block 3. WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Legacy at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code; as the proposed PUD is in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request with conditions, and; WHEREAS, the City Council has reviewed the recommendation of the Planning and Zoning Commission by reviewing all materials available including the recorded meeting, agenda materials, presentation, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover disagrees with the Planning and Zoning Commission and hereby denies the Conditional Use Permit Amendment/ Planned Unit Development Amendment for LEGACY AT PETERSEN FARMS DATED 11.23.2022 on the above legally described property due to the following findings: 1. 2. 3. Adopted by the City Council of the City of Andover on this _ day of 2022. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor In 19 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022, LEGALLY DESCRIBED AS: PID 07-32-24-34-0004, 07-32-24-24-0001, 07-32-24-23-0002, 07-32-24-32-0002, 07-32-24-33- 0001, 07-32-24-34-0003; and, Meadows at Petersen Farms Outlots A and B, Meadows at Petersen Farms Lots 1-10 Block 1, Meadows at Petersen Farms Lots 1-13 Block 2, Meadows at Petersen Farms Lots 1-21 Block 3, and Meadows at Petersen Farms Lots land 2 Block 4; and, Preserve at Petersen Farms Outlots A, B, and C, Preserve at Petersen Farms Lots 1-8 Block 1, Preserve at Petersen Farms Lots 1-14 Block 2, and Preserve at Petersen Farms Lots 1 and 2 Block 3. WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Legacy at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that said request does meet the criteria of City Code and 13-3-9 and 13-4-9; as the proposed PUD is not in conflict. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code; as the proposed PUD is in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the a roval of the Conditional Use Permit/Planned Unit Development Amendment request with conditions, and; WHEREAS, the City Council of Andover has reviewed the request including all materials available at the time of review, including but not limited to the recorded meeting, agenda materials, presentation, and has determined that said request does meet the criteria of City Code because: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed CUP/PUD request is in alignment with the Comprehensive Plan as it meets the following goals: Overarching Goals, Objectives and Policies, Goal 1: Maintain and enhance the quality of life in Andover. The proposed project has been designed to minimize impacts to wetlands and bluffs. The applicant is providing larger usable space for each lot, which is a minimum of 43,560 square feet vs. the R-1 requirement of 8,600 square feet. In the case of the 2 lots that do not meet the 43,560 as identified as Lots 4 and 5 Block 1 Legacy at Petersen Farms the area is still usable even though it contains floodplain. 19 20 Land Use Goals, Objectives and Policies, Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. The proposed project will utilize Low Impact Development (LID) features such as infiltration ditches, and smaller roadways. The applicant will continue to work through the development process minimizing tree removal on the property and reduce the amount of destabilization of the soil. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. As part of the LID development, the roadway will be narrower creating less costfor future replacement. The development will have minimal stormwater hard infrastructure reducing the cities costs of long-term maintenance. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. While lots will be under the 2.5 acre R-1 standard, each lot will have at least 43,560 square feet of "usable" property. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. The lots under 2.5 acres will allow for the placement of the road in a location that minimizes the "cuts" and "fills" on the property. The placement of the roadway will allow the lots to be laid out in a manner that minimizes the removal of the trees on the property at the time of development. The master plan calls for additional connections to adjacent roadways allowing for additional access to this development and others. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The applicant is proposing to create custom home sites to allowforflexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low -impact qualities ofthis development will lead to a desirable and unified environment. The current phase is consistent with both prior phases inform and approach to development. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul- de-sac is to keep with the lot width approved as part of the first phase. The reduced 417 21 lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes a development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplain, and dedication of open space, The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase I governing the steep slopes and bluffareas. This has been effectively managed in Phase I as buildingpermits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 31 acres, comprising roughly half of the shoreland of this lake as dedicated open space. This dedication of open space is used to meet the open space requirements for the shoreland and while it has shifted in size from the original PUD concept the upland area available for passive recreation uses has not changed. The shift in size is from shifting the lot lines further into the lake and surrounding wetlands. These areas are not usable and do not impact the viability of the open space but 21 22 are used to hit minimum lot size requirements. The net effect of this. approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following: • Preservation of at least seventy percent (7001o) of the shore impact zone area will remain in its existing natural state. • An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management; and 3. Erosion Control And Storm Water Magagement; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides areas of 5, 000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. NOW, THEREFORE, BE 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 Amendment/Planned Unit Development Amendment request on the above legally described property for PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022 with the following conditions: 1. Approval of Legacy at Petersen Farms Preliminary Plat shall be incorporated as part of this PUD provided it is approved by the Andover City Council within 1 year and consistent with this PUD amendment. 22 23 2. Lot width shall not be less than 100 feet at the front yard setback. 3. Master Plan shall be now amended to represent Phase 3. 4. The developer shall amend this PUD to include any Future Phase changes. 5. Lot size shall not be less than 1.50 acres in size. 6. Each lot shall have a minimum of 1 acre of property that is not bluff or wetland. 7. Lots 4 & 5 Block 1 shall be permitted to be under 1 acre due to the unique challenges that floodplain have caused within Phase 3. 8. The overall density for the entire Master Planned Development shall not exceed .40 units per acre. 9. Developer shall provide a 50' ROW with additional drainage and utility easements for roadways within Phase 3. 10. Future MSA designated route shall meet MSA requirements (Navajo Street NW/Inca Street NW). 11. Developer shall be responsible for meeting Anoka County Highway Departments comments. 12. Developer shall be responsible for meeting the Lower Rum River Watershed Management Organization comments. 13. Local roadways shall be "Low Impact Development" in nature (27' asphalt width, with 18 - inch ribbon curb on both sides). 14. Developer shall adhere to platting process and meet requirements and items identified through that process. 15. Roadways shall be extended to the edge of the plat. 16. Developer shall address to the satisfaction of staff, comments in Engineers Letter dated November 29, 2022. 17. Developer shall meet all requirements of Andover City Code 13-4-F with the exception of centralized septic and water. 18. Applicant shall restrict the approximately 11 -acre open space lot (proposed as part of this phase) to only a trail and park benches or as agreed to by the Andover City Council. Future phases of open space shall also be restricted. 19. Applicant constructs second access to Phase 3 other then current Inca access. 20. All other terms and conditions in the original approval, and past amendment shall be valid, unless specifically addressed within this resolution. Adopted by the City Council of the City of Andover on this day of 2022. CITY OF ANDOVER ATTEST: Sheri Bukkila, Mayor Michelle Harmer, Deputy City Clerk 23 Revised November' = B pl * ► ► -` .p SUBMITTED TO "G ME,,PREPARED BY City of Andover �" qm Landform Professional Services, LLC 1685 Crosstown Boulevard NW0 25a 105 5"' Ave S, Suite 513 Andover, MN 55304 ` %4 a z,,° Minneapolis, MN 55401 tango.m•, ,. •antl9¢mFnbF•arme{b¢,M aeM¢ma,bgYMlotm V,oRSYonaI SeM �[ TABLE OF CONTENTS Introduction........................................................................................... PUDAmendment......................................................................... Summary................................................................................................ ContactInformation............................................................................... .............................................1 .............................................1 ....................................... 9 ........10 is Introduction On behalf of JD Andover Holdings, LLC, Landform is pleased to submit this application for approval of a PUD amendment to The Petersen Farms Planned•Unit Development (PUD). This amendment will facilitate platting and construction of The Legacy at Petersen Farms the 3rd phase of the multi -phased PUD development. Our initial phases — The Preserve at Petersen Farms (1s1 phase) and The Meadows at Petersen Farms (2nd phase) — have been incredibly well-received, with nearly all 70 nearby lots sold and closed. 15 builders have invested over $50 million in the community with several builder models contemplating future sales. Building on the successful and well-received low -impact design philosophy of Prior phases, the next phase will again be designed and developed by JD Andover Holdings, a project entity managed by Metrowide Development and Landform Development Partners, LLC. This phase consists of 33 lots complying with the underlying PUD guidelines and continuing the effort to develop the 400 -acre master plan previously approved by Council. Immediate interest in The Legacy has been strong, with indications that home values will be similar to the first and second phase bringing the community's tax base improvement to nearly $100 million in new homes. The development team and the Petersen Family are long-time Andover residents excited about the continued improvements proposed for this site and to our community. We look forward to working with staff, parks commission, planning commission and council on another successful phase. PUD Amendment The development plan is shown for conceptual purposes, and includes numerous parcels (approximately 411.40 gross acres) of land on the agricultural farm located at 165th Avenue NW and Roanoke Street NW. The land has historically been used as a family farm. (All, or portions of the parcels with PID # 07-32-24-24-0001, 07-32-24-23- 0002, 07-32-24-32-0002, 07-32-24-33-0001, 07-32-24-34-0003), and, previously platted parcels in Meadows at Petersen Farms Outlots A and B, Lots 1-10 Block 1, Lots 1-13 Block 2, Lots 1-21 Block 3 and Lots 1 and 2 Block 4; and, Preserve at Petersen Farms Outlots A, B and C, Lots 1-8 Block 1, Lots 1-14 Block 2, Lots 1 and 2 Block 3). The parcels consist of a completed Phase 1 and 2 (Preserve and Meadows, respectively), together with agricultural fields, woodlands and large wetlands. The public streets have been located to minimize the disturbance of the existing trees, bluff lines and topography for the proposed lots. We are proposing to create custom home sites to allow flexibility for the builder and buyer. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. Accordingly, and as with The Preserve (1 81 phase), the grading plan and tree preservation plan for the individual lots would be developed and approved by staff at the time of building permit. A separate grading and tree preservation plan for the new streets will be provided with the preliminary plat. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The proposed property has a current land use designation of Rural Residential and is currently zoned R-1 Single Family Rural. The Legacy at Petersen Farms, Andover, MN LOP17002.003 Revised November 23, 2022 1 z� 26 PUD Findings We are requesting approval of an amendment to the previously approved PUD development application. In Andover, a PUD is an acceptable path to entitlement of a project subject to the standards of Section 13 of the Andover City Code. Our plan shows compliance with the Section 13-3-9 standards. Specifically: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. The proposed project is guided RR Rural Residential. This comprehensive plan land use is consistent with the surrounding land uses which are all RR Rural Residential. The proposed development will be consistent with the goals of the comprehensive plan. 2. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low -impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases in form and approach to development. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. The requested flexibilities identified below contribute to achieving the purpose of a PUD, specifically: • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul-de-sac is to keep with the lot width approved as part of the first phase. The reduced lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. The requested flexibility and how it contributes to the PUD design qualities are also discussed in detail in the next section of this narrative. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 2 27 27 PUD Flexibility We are requesting City approval for amendments to the currently approved plan, as well as typical flexibility to allow deviation to standard zoning requirements as applied in the original PUD and first phase of the project. Amendments: Revising the Current PUD to include the third phase of the project, The Legacy at Petersen Farms (3rd phase). As prescribed in the current PUD, each time a preliminary plat is approved within the limits of the PUD, the PUD must be amended to include and address details specific to that plat. Accordingly, we are requesting the City Council approve an amendment to the PUD to include the preliminary plat of Legacy at Petersen Farms. Flexibility: Maximum Permanent Cul -de -Sac Length and minimum lot size. As with the initial phase, we are seeking PUD flexibility similar to that granted under the current PUD for permanent cul-de-sacs greater than 500 feet in length for 1701h Avenue, and to allow lots on a cul-de-sac that are less than minimum 160 -foot lot width. Minimum Net Land Area (NLA). With this phase we are requesting flexibility under the PUD to allow two lots providing less than 1 -acre Net Land Area (NLA) as shown on the attached Exhibits. NLA is a self-imposed restriction defined in the PUD as Gross Lot Area minus wetlands and bluff areas. While current code provides for a minimum of 8,600 square feet of upland area, as part of the PUD we more than tripled that minimum to 1 -acre, or 43,560 square feet. Currently all lots proposed in Phase 3 meet the 1 -acre minimum Net Land Area as defined in the phase 1 approvals (Preserve) (Gross parcel area minus wetlands and defined bluffs). However, Phase 2 (Meadows) introduced the new challenge of removing the expanded (FP B) floodplain from the calculation for what should be considered "usable" under the Net Land Area calculation. Removing all portions of the expanded floodplain puts two lots short of the 1 -acre minimum. Considering the greatest impact (the back-to-back event) leaves NLA ranging from 0.75 acres to 0.99 acres. Using the more typical single 100 -yr event reduces that impact to leave no lots short of the required NLA. While these portions of the NLA are included in the easement area, they are usable in almost every aspect of a "yard" as they are generally very flat, can be used for active recreation, gardening, and even light structures as allowed in the shoreland ordinance. It should be noted that the likelihood of a rain event causing ponding in the expanded floodplain is considered to be greater than a 100 -yr occurrence. We respectfully request flexibility in the determination of the NLA for these lots given the incredibly infrequent occurrences of flood events. It should be noted that all habitable structures are well above the back-to-back event and associated drain fields are outside these limits in all cases. This issue applies only to yards. As with the original PUD, and as amended previously, our PUD proposal will allow for a more efficient allocation of lots, greatly reduce grading and wetland impacts, and will minimize removal of wooded wetlands. Section 13-3-11 of the Zoning Code outlines nine design qualities that the City desires in PUDs. Our plan is consistent with these requirements, specifically: 1. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 3 92 Our proposed plan will achieve development efficiency and allow for low -impact design by preserving trees and reducing wetland impacts. Our linear cluster development allows preservation of natural features and provides creative design elements. 2. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. The proposed development is not anticipated to generate substantial traffic volumes and proposed roadways will be sufficient for the anticipated traffic that will be generated from residents within the subdivision and potential visitors. Pedestrian trail connections will be provided across the wetlands between Phase 1 and the remainder of the PUD Plan. 3. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to- back lots. Adequate buffers between different uses are provided in the development plan. The development is clustered in a linear fashion and the lots will be buffered from existing and future development. The existing vegetation will screen this project form adjacent properties and additional screening can be provided where necessary. 4. Preserves existing stands of trees and/or significant trees. Allowing longer cul-de-sacs will reduce impacts on wooded and open wetlands. Additionally, the proposed design includes utilizing ditches as part of the low impact stormwater management practices, which will allow a greater number of trees to be preserved because extensive ponding (which requires tree removal) required to meet stormwater design standards is substantially reduced. 5. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. Each custom-built lot will allow residents to provide landscaping that is consistent with City Code and will be reviewed at the time of building permit. Additionally, as part of the storm water management plan, individual lots may provide bio swale gardens (rain gardens) adjacent to the driveway. This landscaping will be designed to provide consistency along the street. 6. Preserves significant usable space on individual lots or through the provision of open space within the development. A linear cluster development preserves significant open space and natural features within the development and our lot layout provides significant open space on each of the lots. The open spaces can be utilized for the needs of the community. The proposed open spaces will provide connections to the existing Martin Meadows Park to utilize the existing trail system within the park, and between Phases 1 and 2 of the PUD Plan. 7. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. Given the natural amenities of this site and the proposed improvements, the proposed landscape improvements within the development will provide a high-quality design which includes a monument area identification sign and the use of the existing topography. 8. The proposed structures within the development demonstrate quality architectural design and the use of high-quality building materials for unique design and detailing. The Legacy at Petersen farms, Andover, MN LDP17002.003 Revised November 23, 2022 4 Z9 2q Given the natural amenities of this site and the proposed improvements, the proposed homes within the development will provide a high-quality design similar to those constructed in Phase 1 and 2. 9. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004) A homeowner's association will be established for the proposed development for the purpose of managing stormwater improvements and common elements. Lot Standards Phase 1 of Petersen Farms was approved for a Planned Unit Development (PUD) on June 19, 2018. This approval set the following minimums; lot size of 1.5 acres, net land area of 1 acre and lot width of 100 feet. On December 4, 2018 City Council extended these PUD minimums to the remaining property as part of a long-term master plan to develop the entire farm. A summary table of the lot sizes and lot widths at the setback are shown on the current plans. Plans for The Legacy have been designed to allow lot sizes that are consistent with those of the adjacent residential properties. The gross density of this phase is 0.44 units per acre because the majority of the density for the development falls within the boundary of the current phase with greater natural amenities in previous and future phases. The entire development maintains a density below the allowed 0.4 gross units per acre. With the flexibility to not include Floodplain B, all parcels have a minimum of 1 -acre net land area. The shoreland overlay district imposes additional density restrictions by allowing a specific number of lots within each tier of a shoreland overlay based on the net land area within a given tier. An exhibit labeled "PUD Development Plan — Shoreland Density" provides a map of the shoreland tiers along with the calculations for each tier to determine the base density. A bonus to the base density is allowed if you qualify with the following, "The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means, and the setback is at least 25% greater than the minimum setback." We will be utilizing the bonus density to have additional lots within the fourth tier and employing the additional measures required to ensure the impact on the waterbody is reduced. For the purposes of this development, minimum lot standards were developed to include a "Net Land Area" calculation. This was a self-imposed standard specifically defined as the gross lot area minus wetlands and bluff areas as defined as those slopes having a slope in excess of 18% for longer than 50 feet. This was applied throughout the first phase of the development. The Meadows introduced a new aspect to this standard which is that portions of the project are affected by 100 -year floodplain, as well as certain conditions that require a back-to-back 100 -year analysis. We have carried this practice forward into The Legacy phase and similar to phase 2 this has an impact on two lots in this phase that we will be seeking PUD flexibility. The public streets have been located to minimize the disturbance of the existing trees and minimize required grading for the new streets. Complete grading and tree preservation plans for the new streets was provided with the Preliminary Plat Application, and is currently under review. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 5 30 Tabulated Lot Area calculations are shown on sheet C0.2 and C0.3 of the full Plan set. Street Improvements PUD flexibility was received to construct the local streets with a 50 -foot ROW width with an expanded front drainage and utility easement to contain drainage and private utilities as required. The plans show a 27 -foot wide two-way street with 18 -inch ribbon curb on both sides for a total width of 30 feet. This low impact design was previously approved as a condition for the PUD approval and reviewed by public works and fire for acceptable service. To mitigate a rural street section in a reduced ROW, we are continuing with a wider drainage and utility easement adjacent to the right-of-way, which will provide adequate space for utilities and drainage. We are proposing a street design for a rural section that includes ditches for low -impact stormwater management. This design typically reduces the area of disturbance and number of trees removed because traditional large ponding facilities are not required to achieve stormwater requirements. This was utilized on the first and second phases of Petersen Farms, but was best observed in phase one. Given that the current phase will be constructed prior to the County Road improvements, we are providing emergency fire accesses which access the cul-de-sacs for Oneida Street and Makah Street. This will provide a second access for fire for each of these streets. Each access will have gates installed on both ends that will block the access from being used by daily traffic. The gates and accesses will be managed by the City and used for emergency fire access. There are three proposed roadway connections in the future phases of Petersen Farms: First, the extension of Navaho Street at the northern limits will serve 7 future lots and terminate in a temporary cul-de- sac. This road could eventually connect through adjacent property to Inca Street in The Meadows providing additional ingress/egress to existing and proposed phases. Inca was previously designated as an MSA route with wider right-of-way and slightly heavier paving sections. Second, a connection to Highway 7 (Oneida) will be made at some future point. Ideally, this connection would occur after Anoka County constructs a future round -about at the southwest corner of our plat. This future connection would be made directly to a fourth leg of that new round -about. In the event that improvement is not made within the next twenty years, we have provided an alternate connection to the east -west leg of Highway 7 where the existing farm road currently connect. Additional improvements to Highway 7 would likely be needed for this connection, and escrows will be established as part of the development agreement concurrent with approvals for the current phase. Finally, a new connection to Highway 7, and a potential connection to the current phase, is shown in the future development in the northwest corner of the property. In prior concepts, this roadway was anticipated to connect back to roadways in Phase 3. Further preliminary geotechnical investigation revealed the feasibility of this connection would be questionable, and pose significant impacts to natural amenities. As a result, we are currently showing 1701" as a single road serving roughly eight lots and terminating in a permanent cul-de-sac. We have also proposed an optional connection to the south (dashed), but construction conditions in this optional area are also questionable, so we have designated that only as a potential connection. Each phase stands on its own with more feasible connections elsewhere, so no deficiencies would be created without that connection. Due to the termination of the 170'^ extension to the east occurring in an area surrounded by wetlands and natural areas (similar to those in Phases 1 and 2), no secondary emergency access is proposed for this roadway. We feel this is consistent with prior approvals, and any form of gated access similar to [our southern connection] would be costly for both it's original The Legacy at Petersen Farms, Andover, MN Revised November 23, 2022 LDP17002.003 g 31 3( construction and ongoing maintenance/future reconstruction by the city. It would also result in substantial infrastructure and maintenance activity in a natural open space area which is inconsistent with the intent of the development. We feel the limited number of homes on this roadway make this an acceptable solution, consistent with prior approvals. In conclusion, we are asking for flexibility on maximum length on a permanent cul-de-sac due to the unique geographical character of the site, limited access to highway 7, and the limited number of homes they serve. The city ordinance for max cul-de-sac length is the same for both urban and rural areas of the city. The intent of the ordinance is to limit the number of homes that would be isolated should an eventriincident block the roadway. In urban areas there could be as many as twelve homes on a compliant cul-de-sac, but in rural areas, the minimum lot width and lot sizes make that number of homes far less. In the current case of Oneida Street only four homes are served. For the future 170th Avenue we are proposing only eight new homes served. We respectfully request the same flexibility in the current Phase and future phases. Future Community Space Like prior phases, and outside of the current plat limits, we are proposing a designated "Community Space" over the existing farmstead buildings. Ownership of this area currently remains with the Petersen Family through this phase, and will likely be developed in a future phase. The family currently uses this area, and facilities, for ongoing farming operations. In a future phase, we are requesting the flexibility for building in this area to be brought to current building codes and remain as a potential asset to the community (HOA) for resident storage, park space, meeting space, community gardens, and historical reference. That designation remains unchanged in this PUD Amendment. Open Space We are proposing roughly half of the large open space area from prior approvals be platted and designated with this current phase. The remaining area will be platted with the adjacent future phase. We have continued to express willingness to deed this land to the city, or retain it under HOA ownership for private use/maintenance. This was addressed at the most recent Parks Commission where their recommendation was to accept cash -in -lieu vs. land. Should that recommendation be accepted by the council, we would place it in a conservancy easement and HOA ownership after platting. Should the city choose to accept this area as park dedication, we would request a similar easement and covenants be placed on the land to preserve the passive intent of the overall design. With this phase, we will construct a wood chip trail to the northern limits of the plat. This is similar to those in prior phases and throughout the Martins Meadows open space. The future phase open space dedication would complete the connection back to Martins Meadows, and public parking, creating a 3 -mile loop through the Petersen Farms development and Martin's Meadows. The natural elements of this open space and the wood -chip trail system are critical to the character established throughout Petersen Farms, and the Martin's Meadows open space. Landscaping and Tree Preservation The site consists of agricultural fields, woodlands and large wetlands. A tree preservation plan for the new streets has been prepared that minimizes the disturbance of existing trees. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 7 32 3Z We have provided a landscape plan that provides a seed mix for all disturbed areas during street construction and a separate seed mix for the infiltration basins. Because each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner, we are proposing a list canopy trees for city approval that includes common hackberry, swamp white oak, boulevard linden, American elm, balsam fir, eastern red cedar, and white spruce. As each lot is developed the builder will be required to plant three trees from the approved species list to be placed on the lot, with some exceptions granted on heavily wooded lots. This approach will provide for greater flexibility and allow for each site to incorporate trees that complement the natural environment. Stormwater Management We are proposing a low -impact stormwater design as part of the rural street section. The low -impact stormwater design treats and manages stormwater through a series of Best Management Practices (BMP's) in a natural treatment conveyance through rural ditches, ditch weirs and distributed infiltration basins. We have submitted to the Lower Rum River Watershed Management Organization (LRRWMO) concurrent with our City submittals. Shoreland Overlay The established PUD flexibility allows the homes to be clustered on suitable areas for development allowing natural areas to be preserved. As design evolved from concept to final, and grading more closely examined, the configuration of the street layout was revised. This revision resulted in an increase of nine lots on the shoreland overlay density tiering exhibit. With the more detailed design and increased efficiency it was possible to increase the lot count and maintain the shoreland standards. The density increase is located entirely in the 4th tier of the shoreland and located as far as possible from the lakeshore, meeting the intent of the ordinance to push residential units away from the lake. The development will meet the shoreland standards including: 125 -foot structure setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. 25% max impervious coverage. 25 -foot max building height. 50% open space preservation within the Shoreland Overlay area. This is detailed on the exhibit labeled "Shoreland Overlay Open Space". To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within an amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplains, and dedication of parkland to the city The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria, prior to The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 8 33 33 being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots". To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 31 acres, comprising roughly half of the shoreland of this lake as dedicated open space. This dedication of open space is used to meet the open space requirements for the shoreland and while it has shifted in size from the original PUD concept the upland area available for passive recreation uses has not changed. The shift in size is from shifting the lot lines further into the lake and surrounding wetlands. These areas are not usable and do not impact the viability of the open space but are used to hit minimum lot size requirements. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following: Preservation of at least seventy percent (70%) of the shore impact zone area will remain in its existing natural state. An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. To meet Section 134-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides an area of 5,000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. Summary We respectfully request approval of the planned unit development amendment for Petersen Farms located adjacent to 165th Avenue NW and County Road 7. The Legacy at Petersen Farms, Andover, MN Revised November 23, 2022 LDP17002.003 9 34 34 Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Darren Lazan at dlazan(Jandform.net or 612.638.0250. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 10 35 36 3(0 CAcaTY air 1 �1 V E 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV MEMORANDUM TO: Joe Janish, Community Development Director FROM: David Berkowitz, Director of Public Works/City Engineer��� Jason Law, Assistant City Engineer DATE: November 29, 2022 REFERENCE: Legacy at Petersen Farms/PUD Review #3 The following comments are regarding Review #3 of the Revised PUD Submittal 1. (Review #1) The developer shall provide an escrow and roadway, trail and drainage and utility easement for future connection of the southwesterly cul de sac (Oneida Street) onto 7th Avenue. This would likely be constructed at a future date once improvements are made to the 7th Avenue / 165th Avenue intersection. Kept for tracking purposes. The developer acknowledged this item, and engineers' estimate will be prepared to be reviewed by City. Escrow to be provided with plat. 2. (Review #2) The 170th Avenue cul de sac depicted in future phases (both exhibits) exceeds the 500' maximum allowed per City Code. The Fire Department is requesting an emergency vehicle access be provided to this dead end cul de sac. Developer requesting PUD flexibility to not require a secondary emergency vehicle access for the 170th Avenue cul de sac. Pending comment from City Council. 3. (Review #2) Street, Drainage, Trail, and Utility easements would need to be provided for both alternative connection points from Oneida Street (southwest cul de sac) to 711 Avenue. Once a permanent connection is made to 7th Avenue, the City would vacate easements for the option not constructed. Kept for tracking purposes. 4. Three exhibits (EXA , EX.2 & EX.3) were submitted for alternative alignments for potential future connection of Oneida Street to a potential future roundabout at 7th Avenue. EX.1 meets the statutory 35 mph design, but cuts through an existing delineated wetland. EX.2 avoids the existing wetland, however only meets a 30 mph design. EX.3 also avoids the existing wetland and meets the 35 mph statutory speed limit. Staff's recommendation is to provide an alignment avoiding and/or minimizing wetland impacts and meeting the 35 mph statutory speed limit (EX.3), with the understanding that losing lots is not desirable. Staff can work through detailed design with the developer during the preliminary plat reviews on this subject with the caveat that some revisions to lot and/or plat boundary lines on the south end of Oneida Street may be required compared to what is identified in the PUD amendment. 5. In EX.1, EX.2 & EX.3 add "Street" to each easement description and revise the easterly secondary driveway alignment option in red (using existing farm access location) to meet 35 mph statutory design requirements with 480' minimum centerline radii with 2.5% cross slope. 6. Additional comments pending further review. Note: It is a requirement that the Developer respond to each of these items in writing et di ital copy from City and type responses below original comment) when re -submitting the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767-5130 or David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133. 30 PUBLIC HEARING NOTICE AREA "4,ve3 pAe 1 7 #EJ t rr'l �Y 3& i rr'l �Y 3& CHAPTER PLANNED UNIT DEVELOPMENT (PUD) SECTION: 13-3-1: Purpose 13-3-2: Utilization of PUD 13-3-3: PUD Concept Review 13-3-4: Uses 13-3-5: Density 13-3-6: Zoning And Subdivision Standards And Requirements 13-3-7: Approval Process 13-3-8: Fees And Costs 13-3-9: Findings Required 13-3-10: Revisions And Amendments 13-3-11: Desirable PUD Design Qualities 13-3-12: Approval Of Planned Unit Development 13-3-1: PURPOSE: The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) 13-3-2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations may be allowed by the City Council to be applied and/or utilized for all developments including the following: townhomes, single- and two-family homes (both urban and rural), apartment projects, multiuse structures, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. (Ord. 298, 84-2004) 13-3-3: PUD CONCEPT REVIEW: Any person or persons who may apply for a PUD may request a concept review with respect to land which may be subject to a PUD. The purpose of a PUD concept review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD concept reviews shall follow the sketch plan procedures provided in Section 11-2-1 of this code. (Ord. 298,8-4-2004) 13-3-4: USES: Planned Unit Developments shall be required to conform to the permitted and conditional uses set forth in Title 12 of this code pertaining to the applicable zoning district. (Ord. 298, 8-4-2004) 9 KE 13-3-5: DENSITY: The density of residential developments shall be required to conform to the applicable land use district. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3- 9 of this chapter. (Ord. 298, 8-4-2004) 13-3-7: APPROVAL PROCESS: An applicant for a PUD shall submit in the application all of the material required by this chapter. Each PUD requested must adhere to the following process: A. Permitted and conditional uses shall follow the Conditional Use Permit procedures provided in Section 12-14-6 of this code to establish the development standards for the PUD. These uses shall also complete the commercial site plan process once the Planned Unit Development has been approved. (Amd. 2/20/07, Ord. 341) B. Applications involving the subdivision of land shall complete a preliminary and final plat under the procedures provided in Title 11, "Subdivision Regulations", of this code. (Ord. 298, 8-4-2004) 13-3-8: FEES AND COSTS: Applications for a PUD shall be filed at the office of the City Planner along with a nonrefundable application fee for the approval process specified in Sections 13-3-3 and 13-3-7 of this chapter in the amount established by the City Council to defray administrative costs. (Ord. 298, 8-4-2004) 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) 40 qD 13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10-4-2005) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004) 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit 141 L41 Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) 13:3-13: REDEVELOPMENT PUDs: A property owner may apply for a redevelopment PUD for their property, if the property meets the criteria outlined in this section. Such redevelopment PUDs shall only be used for lot splits. PUDs on all other subdivisions shall follow the normal PUD requirements laid out in this chapter. All provisions of City Code chapter 13-3 shall apply to redevelopment PUDs except for section 13-3-11. A redevelopment PUD may be permitted if the subject property meets the following standards: A. The existing principal structure on the property is at least 30 years old, or does not meet current building codes, or has a blighting effect on the surrounding neighborhood, and will be removed as part of the redevelopment of the property. B. The houses built on the new lots would be similar in size and architectural design to those in the surrounding neighborhood. Architectural plans must be included in the application for a redevelopment PUD and approved by the Council. (Amd. 2/20/07, Ord. 341) 42 142 13-4-9: PLANNED UNIT DEVELOPMENTS (PUDS)°: A. Types Of PUDS Permissible: Planned Unit Developments (PUDS) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Subsection 13-4-5B of this chapter and per Title 12, Chapter 12 of this code. B. Processing PUDS: Planned Unit Developments must be processed as a conditional use. The expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the date this chapter was See also chapter 3 of this title. 43 y3 adopted is permissible, provided an Amended Conditional Use Permit is granted and the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Subsection E of this section. The provisions of Title 12, Chapter 12 and Section 12-15-6 of this code shall apply. Approval cannot occur until the Environmental Review Process (EAW/EIS) is complete. C. Application For PUD: The applicant for a PUD must submit the following documents (in addition to the requirements as specified in Title 11 and Title 12, chapter 12 of this code) prior to final action being taken on the application request: 1. A site plan and/or plat for the project showing location of property boundaries, surface water features, existing and proposed structures and other facilities, land alteration, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten foot (10') intervals or less. When a PUD is a combined commercial and residential development, the site plan/plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two (2). 2. A property owner association agreement (for residential PVDs) with mandatory membership, all in accordance with the requirements of Subsection F of this section. 3. Deed restriction, covenants, permanent easement, or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subsection F of this section. 4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. 5. Those additional documents as requested by the Planning and Zoning Commission and City Council that are necessary to explain how the PUD will be designed and will function. D. Site Suitable Area Evaluation: Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Subsection 44 144 E of this section. 1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: SHORELAND TIER DIMENSIONS Unsewered Sewered General development lakes (Feet) (Feet) First tier 200 200 Second and additional tiers 267 200 Recreational development lakes 267 267 Natural environment lakes 400 320 All river classes 300 300 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial Planned Unit Development density evaluation steps to arrive at an allowable number of dwelling units or sites. E. Residential And Commercial PUD Density Evaluation: The procedures for determining the base density of a PUD and density increase multipliers are as follows: allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 1. Commercial PUD Base Density Evaluation: The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the City Council has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed location and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analysis herein and the design criteria in Subsection F of this section. 2. Commercial PUD Base Density Evaluation: Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not 4S 45 include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: *Average Unit Floor Area (Sq. Ft. 200 300 400 500 600 700 EK -100111111111111 900 1,000 1,100 1,200 1,300 1,400 1,500 Sewered General Development Lakes: First Tier On Unsewered General Development Lakes; Urban, Agricultural, Tributary River Segments 0.040 0.048 0.056 0.065 0.072 0.082 0.091 11•• 0.108 0.116 0.125 0.133 0.142 0.150 Second And Additional Tiers On Unsewered General Development Lakes; Recreational Development Lakes; Transition And Forested River Segments 0.020 0.024 0.028 0.032 0.038 0.042 0.046 1 1 1 0.054 0.058 0.064 0.068 0.072 0.075 Natural Environment Lakes And Remote River Segments 0.010 0.012 0.014 0.016 0.019 0.021 0.023 0.025 ;�I�iY14 0.029 0.032 0.034 0.036 0.038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home or, if unknown, the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. 4( 4( d. Divide the total floor area by tier computed in Subsection E2c of this section by the average inside living area size determined in Subsection Eta of this section. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and numbers of dwelling units or sites for the commercial Planned Unit Development are then compared with the tier, density and suitability analysis herein and the design criteria in Subsection F of this section. 3. Density Increase Multipliers: a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Section 13-4-6 of this chapter are met or exceeded and the design criteria in Subsection F of this section are satisfied. The allowable density increases in Subsection E3b of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City Council, and the setback is at least twenty five percent (25%) greater than the minimum setback. b. Allowable dwelling unit or dwelling site density increases of residential or commercial Planned Unit Developments: Density Evaluation Tiers First Second Third Fourth Fifth F. Maintenance And Design Criteria: Maximum Density Increase Within Each Tier (Percent) 50 100 200 200 200 1. Maintenance And Administration Requirements: a. Before final approval of a Planned Unit Development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Deed restrictions, covenants, permanent easements, public 47 47 dedication and acceptance, or other equally effective and permanent preservation and maintenance of open space are required. The instruments must include all of the following protections: (1) Commercial uses prohibited (for residential PUDs); (2) Vegetation and topographic alteration other than routine maintenance prohibited; (3) Construction of additional buildings or storage of vehicles and other materials prohibited; and (4) Uncontrolled beaching of watercraft prohibited. c. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners' association with the following features: (1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 2. Open Space Requirements: Planned Unit Developments must contain open space meeting all of the following criteria: a. At least fifty percent (50%) of the total project area must be preserved as open space; b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; c. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; d. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities; g. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50%) of the shore impact zone must be preserved in its natural state. 3. Erosion Control And Storm Water Management: Erosion control and storm water management plans must be developed, and the PUD must: a. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impact on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and b. Be designed and constructed to effectively manage reasonable expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed twenty five percent (25%) of the tier area; except that for commercial PUDs, thirty five percent (35%) impervious surface coverage may be allowed in the first tier of general development lakes with an H9 im 50 approved storm water management plan and consistency with Subsection 13-4-6C of this chapter. 4. Centralization And Design Of Facilities: Centralization and design of facilities and structures must be done according to the following standards: a. Planned Unit Developments must be connected to publicly owned water supply and sewer systems, if available. On site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Subsections 13-4- 6B and H of this chapter. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; b. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standard for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Subsection E3 of this section for developments with density increases; c. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth -to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; d. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and f. Water oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subsection 13-4-613 of this chapter and are centralized. G. Conversions: The City Council may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 1. Proposed Conversions: Proposed conversion must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies: Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the Conditional Use Permit. 3. Shore And Bluff: Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; b. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and c. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 4. Existing Dwellings Or Sites: Existing dwelling unit or dwelling site densities that exceed standards in Subsection E of this section may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. (Ord. 108, 9- 51 51 53 53 sq Joe Janish From: Darren B. Lazan, FLA Sent: Tuesday, December 13, 2022 10:46 AM To: Joe Janish; Peter Hellegers Subject: Petersen 3 Traffic Studies Attachments: Traffic Memo 5-28-19.pdf; Traffic Memo 12-12-22.pdf EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Good morning, In prep for tonight's meeting, I reviewed prior traffic studies for the Petersen Farms project. In 2019 we prepared a full study of the intersections of Inca and 165th, as well as 165th and Hwy 7 (attached). While this was primarily for Phase 2 expected traffic, it analyzed the impact 67 single-family homes. Ultimately 46 lots were created. We subsequently asked the engineer to update the study to account for 79 single-family homes (Phase 2 plus 3). The results are in the attached memo. As you can see, the prior study conducted as part of the Phase 2 approvals identified no significant impact on the roadway capacity. The Inca intersection was expected to continue to operate at an overall LOS A, and Highway 7 demonstrated substantial excess capacity after the completion of Phase 2. The memo outlines the addition of 12 lots to fully assess the same two intersections and found no change in the LOS of the intersections, and only a slight reduction in Highway 7 capacity moving from 60% to 63% of available capacity with the addition of phases 2 and 3, and 165th rising to 6% of it's available capacity. We believe this is consistent with the County review of the same intersections as part of their review of our application. If you have any questions, please feel free to call me. Thanks, Darren B. Lazan, RLA President Landform Professional Services, LLC UT RA STS Swing Traffic Solutions May 24, 2019 To: Mark Nolan, AICP, Landform Darren Lazan, RLA, President, Landform From: Vernon Swing, PE Re: Traffic Impact Study — Petersen Farms Phase 2, Andover, MN Swing Traffic Solutions, LLC has conducted a traffic study for the Petersen Farms Phase 2 single family residential development in Andover, Minnesota (see Figure 1: Vicinity Map). The project is the second phase of a larger residential development project consisting of approximately 426 acres and 123 homes. Phase 2 will include 43 single family homes on 102 acres and is expected to be completed by 2021 (see Figure 2: Concept Site Plan). The site is generally located north of 165th Ave NW (CSAH 158) and is between 711 Ave NW (CSAH 7) to the west and Valley Dr NW (CSAH 58) to the east. This study examines the traffic impacts at the intersection of CSAH 7 and 1651^ Ave NW and at the neighborhood access intersection of 1651h Ave NW and Inca St NW, and includes traffic from both Phases 1 and 2. The main objectives of this study are to quantify existing traffic operations, to identify traffic impacts associated with the proposed development, and recommend any necessary improvement to ensure safe and efficient traffic operations. Further, this study examines the intersection of 168' Ave NW and Valley Dr NW for intersection sight distance. Existing Conditions The existing conditions were reviewed to understand the current traffic operations and to serve as a baseline for comparison with conditions reflecting the completion of the development. The evaluation of existing conditions includes traffic volume collection at the intersection of CSAH 7 and 165th Ave NW and analysis of intersection capacity at the 165th intersections with CSAH 7 and Inca St NW. Data Collection A turning movement traffic count was collected by Swing Traffic Solutions during typical weekday AM and PM peak times during the week of May 6, 2019. The counts identified the peak hours as 7:00 to 8:00 AM and 4:45 to 5:45 PM. It is noted the traffic counts were taken while school was in session. 5S M �o 0pCn iu l n 9 SITE FuUn 1 Phases' z 1iw 1 "✓ Ith Avc NW 1651h Avn.NW r J Petersen Farms Andover, Minnesota SITE PLAN j FIGURE 2 J Daily traffic count data (ADT) published by MnDOT for CSAH 7 indicate that approximately 8,900 trips per day occur in the vicinity of the site. MnDOT ADT counts also show 260 trips occur on 165`" Ave NW per day. Field observations were also conducted to identify roadway characteristics within the study area that may limit or enhance roadway capacity such as roadway geometry, posted speed limits, lane widths, traffic control, etc. CSAH 7 is an Anoka County Road which runs in a north/south direction and is signed for 55 mph in study area. It is an undivided roadway and includes one through lane in each direction with a dedicated right turn lane at the intersection with 165th Ave NW. 1651h Ave NW is also an Anoka County facility and is signed for 50 mph with one through lane in each direction and is stop controlled at CSAH 7. At the intersection with Inca St NW, a 180 foot right turn lane is provided on 165th Ave NW in the eastbound direction. Inca St NW is stop controlled. (Figure 3 shows existing turning movement traffic counts.) Intersection Capacity Analysis The operating conditions of transportation facilities, such as roadways, traffic signals, roundabouts and stop -controlled intersections, are evaluated based on the relationship of the theoretical capacity of a facility to the actual traffic volume on that facility. Various factors affect capacity including travel speed, roadway geometry, grade, number of travel lanes, and intersection control. The current standards for evaluating capacity and operating conditions are contained in the 6th Edition of Highway Capacity Manual published by the Transportation Research Board. The procedures describe operating conditions in terms of driver delay represented as a. Level of Service (LOS). Operations are given letter designations with "A" representing the best operating conditions and "F" representing the worst. Generally, level of service "D" represents the threshold for acceptable overall intersection operating conditions during a peak hour. The Chart below summarizes the level of service and delay criteria for signalized and unsignalized intersections. LOS Designation Signalized Intersection Average Dela /Vehicle Sec. Unsignalized Intersection Average Dela /Vehicle Sec.) A < 10 < 10 B > 10-20 > 10-15 C > 20-35 > 15-25 D > 35-55 > 25-35 E > 55-80 > 35-50 F > 80 >50 For side street stop -controlled intersections special emphasis is given to providing an estimate for the level of service of the minor approaches. Traffic operations at an unsignalized intersection with side street stop -control can be described two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Second, it is important to consider the delay on the minor approaches, since the mainline does not have to stop. It is common for intersections with higher mainline traffic volumes to experience increased levels of delay and poor level of service on the side streets. 41 Page Petersen Farms, Andover, MN M MIO 919 10. m r K SITE "•'* �c of 1\�� roes+na- �A 7th Ave. NW 165th Ave. NW N c 1� x / Petersen Farms EXISTING PEAK HOUR TRAFFIC STS Andover, Minnesota FIGURE 3 919 10. 0 A final fundamental component of operational analyses is a study of vehicular queuing, or the line of vehicles waiting to pass through an intersection. An intersection can operate with an acceptable Level of Service, but if queues from the intersection extend back to block entrances to turn lanes or accesses to adjacent land uses, unsafe operating conditions could result. In this report, the Industry Design Standard 95th percentile queue length is used. The 95th Percentile Queue Length refers to that length of vehicle queue that has only a five -percent probability of occurring during an analysis hour. A detailed intersection capacity analysis was conducted for the AM and PM peak conditions to establish a baseline for comparison with the Build conditions reflecting the completion of the project. The study intersections were analyzed using Synchro/Simtraffic software (Version 10). Result of the analysis are summarized in Table 1 and 2 for the AM and PM peaks, respectively. Table 1 Existing AM Peak Operations Intersection Level of Service and Dela (sec)I Notes/9511 Percentile Queues2 AR CS7 & 165"Ave NW a/d wb 30.7 WB queue is forecast at 36 feet 165'h Ave NW & Inca St NW a/a nb 0.9 NB queue is forecast at 0 feet 1. LOS and delay reported from SimTraffic. First letter represents intersection LOS, while second letter represents worst LOS of individual approach. 2. 9S" percentile queues are a result from an average of 10 SinnTraffic simulations. Table 2 Existing PM Peak Operations Intersection Level of Service and Delay (see)r- Notes/95th Percentile Queues' AH 7 & 165th Ave NW CSa/c wb 22.0 SBL queue is forecast at 45 feet 1651h Ave NW & Inca St NW a/a nb 3.8 NB queue is forecast at 9 feet I. LOS and delay reported from SimTraffic. First letter represents intersection LOS, while second letter represents worst LOS of individual approach. 2. 95" percentile queues are a result from an average of 10 SunTmffic simulations. The results in Tables 1 and 2 indicate the study are intersections are functioning at an acceptable overall LOS D or better. Proposed Development The proposed Petersen Farms Phase 2 development includes the construction of single family homes including a total of 43 units and the utilities plus internal roadways to access the lots. This study also includes the single family homes from Phase 1 as the new access to 1651h Ave NW will connect to Phase 1 and will be the preferred access to these homes. For the purposes of this study it is assumed the development of Phases 1 and 2 will be completed in 2020 and fully occupied in 2021. 2021 Traffic Forecasts To account for general growth of background traffic in the area a review of historical ADT volumes was completed. Based on this review, ADT traffic volumes have not changed in the last decade. The number of vehicle trips generated by the proposed Petersen Farms Phase 1 and 2 development were estimated for the weekday daily, and AM and PM traffic peak hours using the data and methodologies contained in the 101h Edition of Trip Generationpublished by the Institute of Transportation Engineers (ITE). Table 3 summarizes the trip generation estimates. 61Page Petersen Farms, Andover, MN Table 3 Trip Generation 1. Per the data and methodologies In Trip Generation, W Edition, published by ITE. As shown in Table 3, Phases 1 and 2 will generate 12 entering and 37 exiting trips during the morning traffic peak hour; and 42 entering and 25 exiting trips in the during the afternoon traffic peak hour. These trips have been distributed to the study area roadway network through the new Inca St NW approach using the existing distribution pattern. The new trips were then added to the Existing conditions resulting in the 2021 Build conditions. (See Attachment Figures 4 and 5 for the Trip Assignment and 2021 Build conditions.) 7 1 P a g e Petersen Farms, Andover, MN (0i M don el'01'•�e 11•'•I' r.�� �� aial��a il��-I'_I'• i� aail��e ii•ilil� �I'__ � 1. Per the data and methodologies In Trip Generation, W Edition, published by ITE. As shown in Table 3, Phases 1 and 2 will generate 12 entering and 37 exiting trips during the morning traffic peak hour; and 42 entering and 25 exiting trips in the during the afternoon traffic peak hour. These trips have been distributed to the study area roadway network through the new Inca St NW approach using the existing distribution pattern. The new trips were then added to the Existing conditions resulting in the 2021 Build conditions. (See Attachment Figures 4 and 5 for the Trip Assignment and 2021 Build conditions.) 7 1 P a g e Petersen Farms, Andover, MN (0i M C7 N X11 'f 1� Petersen Farms Andover, Minnesota E, TRIP DISTRIBUTION/ASSIGNMENT FIGURE 4 G N X X11 'f 1� Petersen Farms Andover, Minnesota E, TRIP DISTRIBUTION/ASSIGNMENT FIGURE 4 G N T f J r -1 o 0 SITE �� Futuro (� Phase i wau I R �O c ]th.Aw. NW 165th Avo. NW 77 X 2021 BUILD Ar Petersen Farms Andover, Minnesota FIGURE 5 0 s w 2021 Build Traffic Operations To determine the traffic impacts associated with the proposed development, the traffic operations at the study area intersections has been reanalyzed to reflect the 2021 forecast Build traffic. Once again Synchro/Simtraffic Version 10 was used for the analysis. Tables 4 and 5 below summarize the results of the analysis. Table 4 ZBZ1 Build AM Peak Operations Intersection Level of Service and Delay (sec)r Notes/95'h Percentile Queues' CSAH 7 & 16511 Ave NW a/d (wb 30.3) WB queue is forecast at 86 feet 165a' Ave NW & Inca St NW a/a (nb 0.9) NB queue is forecast at 53 feet 1. LOS and delay reported from SimTraffic. First letter represents intersection LOS, while second letter represents worst LOS of individual approach. 2. 95th percentile queues are a result from an average of 10 SimTraffic simulations. Table 5 2021 Build PM Peak Operations Intersection Level of Service and Dela(see)'- Notes/95'" Percentile Queues' CSAH 7 & 165" Ave NW a/d wb 31.9 WB queue is forecast at 50 feet 165" Ave NW & Inca St NW a/a sb 4.8 SB queue is forecast at 42 feet 1. LOS and delay reported from SunTratfic. First letter represents intersection LOS, while second letter represents worst LOS of individual approach. 2. 95th percentile queues are a result from an average of 10 SimTraffic simulations. The results in Tables 4 and 5 indicate the study area intersections will function at acceptable LOS with the addition of the proposed Petersen Farms Phases 1 and 2. Auxiliary Lanes Anoka County has requested right and left turn lanes be provided on 16511 Ave NW for the new north approach of Inca St NW. Swing Traffic Solutions has reviewed turn lane warrants as published by the American Association of State Highway Transportation Officials (AASHTO) and adopted by MnDOT. The Table below summarizes the AASHTO left -turn lane volume warrants. Based on the information in the Table turning volume warrants do not satisfy the warrants for the installation of a dedicated left turn or bypass lane. 101 Page Petersen Farms, Andover, MN 0 Lq (o6 T"9-23. Guide for Leh -Tru Um on T*4MTd—ryri }0 eelQl( I LLi Gr�war Source AA5HTO's A Policy on Geometric O'' '. -.. t Similarly, right turn lane warrants per AASHTO have also been reviewed. The primary criteria involve the relationship between traffic traveling the same direction with through traffic versus turning traffic. The Figure below has been reproduced from AASHTO. F: 00 _ A&arKn( Voku. tae" Ad m�IY1[ C1iVl rl' Oppo3e16 5% 10% 2Wf I 30% opposix 5% 10% 2W5^ 30% 11DIune teh left Leh Leh VOime Leh Leh Left Left lReh/h) TVM 7"T1TLs .. Tem .. — the ) Term Ta1,31 lFu'M Tums 6W-Vh Operauof.� � 46mph Opera Speed ._ 200 3302t0 3p lW E00 330 26 1W 1W ..410 _ 2n .. loo.. �.._ .-.. a0..y _ .. __�. 200_{ GW SW SOD 27S 2E 9W 510 310. J 225 243 350 305 ZW -- _ 6W + 970 350 305 1W 720 . $15 390 390 IW 720 515 390 34D e6ksT1/h Openers speed SOmph Operaen< Speed DOD 230 210 US - fib 2W 2W 210 IOS 135 a... LW .i .l10 GM . -.M .-.20 f 125 .iA- 4W 930 , 3A 7AD 230 .SOD 330 3X1 Z90 2W 2W 550 400 300 Ib 2W . 530 40C 3W 2A GO 6l5 495 335 -• 2% 100_ .-615... . 315 235 i f0o-kin/h Op -Aft Speed •.•.236 ..� —.000 60mph Openone speed _ rx_170 __ 2W._ lA f25 115 I3—^ F 125 115 ._6W Z50 230 iW 16D6M 29E ZSD 160160 aW __ 365 ._`W 2A IW _� - 175 ..� .�. GO C .. ' •.• 2r. 200 .- >E 175 730 _ 37G .. iiT_. UF . IW so Source AA5HTO's A Policy on Geometric O'' '. -.. t Similarly, right turn lane warrants per AASHTO have also been reviewed. The primary criteria involve the relationship between traffic traveling the same direction with through traffic versus turning traffic. The Figure below has been reproduced from AASHTO. F: 00 wcNi-lUN LME 31gUs W eE c61aiDEREn W Rg -TORN LME 44, NDT INC MCESSMr RO 20 w •w yW 4W SW foo 700 TOtAL OW. WE ES PER 1106R,M ONE DRECTON Figure 3: Typical State Design Uanual Guideline for Right-Tunr Lanes at Unsignali-ed Lvenections or Tivo-lane Highways In this case we have approximately 20 through vehicles and S right turning vehicles which again do not satisfy warrants for the installation of a dedicated right turn lane. 111 Page Petersen Farms, Andover, MN If right and left turn lanes were to be installed, the minimum length of turn lane and taper based on MnDOT standards and assuming a comfortable deceleration rate of 6 ft/sec/sec is 180 feet for the left turn lane with a 150 foot taper, and 140 feet for the right for the right turn lane with a 150 foot taper. Anoka County also requested an intersection sight distance be measured at the intersection of 168th Ave NE and CSAH 58 (a 50 mph roadway) to determine if limited sight distance may require an intersection modification to right in/right out on 168th Ave NW. Measurements conducted in the field indicated the sight distance to the north (or left) is 840 feet, while the sight distance to the south (or right) is 704 feet. The AASHTO minimum distances are listed in the table below reproduced from the AASHTO Green Book. Table 4.3. Minimum Recommended Sight Distances Based on Vehicle Maneuver Vehicle Speed (mph) Stopping Sight Distance for Left -Turn Maneuver (feet) Stopping Sight Distance for Crossover and Right -Turn Maneuvers (feet) 15 170 145 20 725 195 25 280 240 30 335 290 35 390 335 40 445 385 45 500 430 50 555 480 55 610 530 As indicated in the Table, the sight distance from 168" Ave NW to CSAH 58 exceeds the minimum requirements, therefore does not indicate an unsafe condition. Conclusions This study considered Petersen Farms Phase 1 and Phase 2 single family residential development in the City of Andover. The proposed development will generate 50 new AM Peak hour trips and 66 new PM peak hour trips. The traffic operations were modeled and reviewed using the methodology from the Highway Capacity Manual version 6, published by the Federal Highway Administration, as reported by Synchro/Simtraffic 10. The results indicate no change in study area operations in terms of Level of Service and manageable vehicle queues. The site access intersection at Inca St NW and 1651h Ave NW is forecast to operate at LOS A with short vehicle queues. Right and left turn lane warrants were reviewed for the 165th Ave NW approaches to Inca St NW and are not satisfied at this time. The intersection sight distance at 168" Ave NW and CSAH 58 was determined to exceed the minimums suggested by AASHTO which is indicative of a safe sight distance condition. In conclusion, the proposed development has appropriate access to the site and to the surrounding roadway network. The addition of the proposed development is not anticipated to noticeably impact 121 Page Petersen Farms, Andover, MN l�6 G*(a traffic operations in the area. In other words, the roadway network serving the proposed development will function well with the project. Please contact Vernon Swing, PE ai x i with any questions. 131 Page Petersen farms, Andover, MN 4:7 fol 5STS S' TRAFFIC SOLUTIONS December 12, 2022 To: Mark Nolan, AICP, Landform Darren Lazan, RLA, President, Landform From: Vernon Swing, PE Re: Traffic Impact Study— Petersen Farms Phases 2 and 3, Andover, MN Sz Traffic Solutions, LLC has updated the traffic study for the Petersen Farms Phases 2 & 3 single family residential development in Andover, Minnesota to reflect the change in proposed unit count from 67 single family homes to 79 single family homes. In particular, the trip generation forecast has been revised and the intersection operations at CSAH 7 and 165th Ave NW and at the neighborhood access intersection of 165t' Ave NW and Inca St NW have been reviewed. It is noted the traffic operations remain consistent with the earlier study. Trip Generation Forecasts The revised number of vehicle trips generated by the proposed Petersen Farms Phases 2 and 3 development, including 79 single family homes, has been estimated for the weekday daily, and AM and PM traffic peak hours using the data and methodologies contained in the 11th Edition of Trip Generation. published by the Institute of Transportation Engineers (ITE). Table 1 summarizes the trip generation estimates. Table 1- Trip Generation When compared with the original forecast, the results in Table 1 indicated the additional 12 homes in the development will generate 5 more trips during the AM Traffic peak hour, 8 more trips during the PM Traffic peak hour, and 113 more trips per day. These additional trips have been assigned to the roadway network according to the methods described in the earlier analysis, and the traffic operations have been reanalyzed. The results are shown in Tables 2 and 3 for the AM and PM peak times respectively. Table 2 — Revised AM Peak Hour Operations Intersection Level of Service and Dela sect Notes/95th Percentile Queuesz CSAR 7 & 165th Ave NW a/d wb 30.7 WB queue is forecast at 88 feet 165h Ave NW &Inca St NW a/a sb 5.1 SB queue is forecast at 53 feet I. LOS and delay reported from SimTraffrc. First letter represents intersection LOS, while second letter represents worst LOS of individual approaca. 2. 95th percentile queues are a result from an average of 10 SimTmffic simulations. (027 Table 3 — Revised PM Peak Hour Operations Intersection Level of Service and Delay (sec)'• Notes/95th Percentile Queuesz CSAR 7 & 165" Ave NW a/b wb 12.5 WB queue is forecast at 42 feet 165" Ave NW & Inca St NW a/a sb 4.6 SB queue is forecast at 44 feet 1. LOS and delay reported from SimTmffic. First letter represents intersection LOS, while second letter represents worst LOS of individual approach. 2. 95th percentile queues are a result from an average of 10 SimTmffic simulations. The results shown in Tables 2 and 3 indicate no change in overall LOS from the earlier analysis will result from the addition of 12 homes associated with the new site layout. No traffic operational issues are anticipated with the proposed development. To determine the change in reserve capacity available on the surrounding roadways daily traffic count data (ADT) published by MnDOT for CSAH 7 were reviewed and they indicate that approximately 8,900 trips per day occur in the vicinity of the site. MnDOTADT counts also show 260 trips occur on 165" Ave NW per day. Both roads are two lane roadways with turn lanes at critical intersections which have the capacity to carry approximately 15,000 cars per day. percefflffiwhpaclty and �NW uses about 2 With the addition of site traffic CSAH 7 will utilize 63 percent of its capacity, and 165th will use about 6 percent of its capacity. In other words, with the addition of site generated traffic the surrounding roadways will have sufficient reserve capacity to accommodate additional development in the area without geometric changes. Please contact Vernon Swing, PE at : I or - with any questions. 2 1 P a g e Petersen Farms, Andover, MN (0q 70 Peter Helieaers From: Thompson, Stacy E Sent: Tuesday, December 6, 2022 10:15 AM To: PublicComments Cc: Peter Hellegers Subject: December 13th PZ Meeting Some people who received this message tlon`t oft@n get email from st'acy:e.thompson@optum com Learn why this is imoo tan4 EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. Good morning, I would like to contribute some comments/questions to the public hearing taking place on 12/12 regarding the CUP for Petersen Farms newest phase. I reside in the neighborhood just south of the entry of the neighborhood off of 165`h and Inca. Traffic Concerns — we have seen a massive uptick in traffic as well as near accidents, and last year, we did see a fatality happen on CR7. It is difficult with only one way in and one way out. I see that planned round abouts are listed in the map. Do you have any indication from the County as to when these might be considered? I attempted to call the county and was not called back and this is a massive concern of ours as well as our neighbors. Natural Resources—we assume that all of these homes will be on well and we are concerned with the natural resources. Additionally, there are homes putting in pools which will also put a strain on the resources. Will this new development also be on well, or will city resources be accessed? Thanks, Stacy Thompson 70 -71 Peter Hellegers From: Peter Hellegers Sent: Tuesday, December 6, 2022 5:57 PM To: Thompson, Stacy E Cc: Joe lanish Subject: RE: December 13th PZ Meeting Tracking: Recipient Delivery Thompson, Stacy E Joe Janish Delivered: 12/6/2022 5:57 PM Stacy, Thank you for your comments, we will include them as part of the public correspondence for the public hearing. The county identified funding for the roundabout at the intersection of 165`" and 7th Avenue and at this time that funding would be scheduled for 2026 to 2027. That would be an Anoka County project for constructing the improvement. There is not a definitive timeline for a roundabout at 165`" and Roanoake Street. The homes would be rural residential and would be on well / septic. There is not city water / sewer in that portion of the community. Peter Peter Hellegers 1 City Planner 1 City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5147 1 Fax: 763.755.8923 1 p.hellegers(@andovermn.gov The driveway access to City Hall has changed, please see the attached map for the changes to the driveway access: https://www.andoverm n.gov/AlertCenter.aspx?Al D=City-Hall-Parking-Lot-Now-Open-25 From: Thompson, Stacy E Sent: Tuesday, December 6, 2022 10:15 AM To: PublicComments <publiccomments@andovermn.gov> Cc: Peter Hellegers <p.hellegers@andovermn.gov> Subject: December 13th PZ Meeting Some people who received this. message don't often get email from stacy.e.thompsoriC�ogYum com `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. Good morning, `71 7z 1 would like to contribute some comments/questions to the public hearing taking place on 12/12 regarding the CUP for Petersen Farms newest phase. I reside in the neighborhood just south of the entry of the neighborhood off of 165th and Inca. Traffic Concerns —we have seen a massive uptick in traffic as well as near accidents, and last year, we did see a fatality happen on CR7. It is difficult with only one way in and one way out. I see that planned round abouts are listed in the map. Do you have any indication from the County as to when these might be considered? I attempted to call the county and was not called back and this is a massive concern of ours as well as our neighbors. Natural Resources—we assume that all of these homes will be on well and we are concerned with the natural resources. Additionally, there are homes putting in pools which will also put a strain on the resources. Will this new development also be on well, or will city resources be accessed? Thanks, Stacy Thompson 72 -73 Joe Janish From: Jake Griffiths on behalf of PublicComments Sent: Tuesday, December 13, 2022 4:19 PM To: Joe Janish Subject: FW: December 13 PZ Meeting- TimberRiver Estates on Record Jake Griffiths I Associate Planner I City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5142 1 i.griffiths(oandovermn.eov From: Timber River Sent: Tuesday, December 13, 2022 3:30 PM To: Peter Hellegers <p.hellegers@andovermn.gov>; PublicComments <publiccomments@andovermn.gov> Subject: December 13 PZ Meeting- TimberRiver Estates on Record Some people who received this message don't often get email from timberriverestates�gmail com. 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. City of Andover: For public record in meeting: TimberRiver Estates located at 170th Ave NW adjacent to the next phases (3,4,5) of the Legacy -Peterson farms would like to record the following: 1. TimberRiver Estates requests the addition of an additional separate turn lane into this property plat, turn lane to extend 50 yards prior and after on County 7 (Roanoke Street NW) adjacent to 170th Ave NW entrance. 2. TimberRiver Estates also request need for corresponding berms relative to turning lanes Presently with traffic patterns during major commuter times this future intersection has become an area of safety concern in the past and present due to speeders, close calls and prior accidents. Implementation of turn lanes can help secure a safer environment adjacent to TimberRiver Estates 170th Ave NW entrance. Regards Michael Aldrich TimberRiver Estates President 73 T� t 1. Q:� 1r ' Open p O C�.! _ space' O o 0 0 o p Project ain ary,. €i s; Legend Trail Connection to open space "N ORTH Parking for Martin Meadows D ' . (Complete) (Complete) Item Phase 1 Phase 2 Phase 3 Future Phases Total Gross Developable Area 64 acres 100 acres 75 acres 186 acres 425 acres Net Developable Area 40 acres 85 acres 61 acres 119 acres 305 acres Number of Lots 24 lots 46 lots 33 lots 32 lots 135 lots Lot Sizes Minimum: 1.5 acres 1.5 acres 1.5 acres 1.5 acres Maximum: 4.0 acres 5.0 acres 2.7 acres 15.6 acres Average: 2.5 acres 2.0 acres 2.1 acres 8.6 acres 1.0-1.499 acres: 0 lots 0 lots 0 lots 0 lots 0 lots 1.5-1.99 acres: 5 lots 33 lots 27 lots 10 lots 75 lots 2.0-2.49 acres: 6 lots 3 lots 4 lots Blots 21 lots 2.5+ acres: 13 lots 10 lots 2 lots 14 lots 39 lots Lot Widths Minimum: 100 feet 100 feet 100 feet 100 feet Maximum: 192 feet 550 feet 368 feet 562 feet Upland Lot Area Minimum: 1.0 acre 1.0 acre* 1.0* acres 1.3 acre Average: 1.6 acres 1.3 acres 1.6 acres 3.2 acres * Flexibility sought through PUD Density Density Average Gross Density (units/acre): 0.38 0.46 0.44 0.17 0.32** Net Density (units/acre): 0.60 0.54 0.54 0.27 0.44 ** Rule allows 0.40 units/acre Gross Density Legend Trail Connection to open space "N ORTH Parking for Martin Meadows i 1 Tier Total Area (Acres) Unsuitable Area (Acres) Suitable Area (Acres) Base Density (# lots) Bonus Base Density* (# lots) Proposed Lots 1 31.3 7.7 23.6 9.4 14.1 9 2 31.6 10.3 21.3 8.5 17.0 12 3 33.0 11.6 21.4 8.6 25.7 9 4 27.6 4.3 23.3 9.3 27.9 15 Total 123.4 33.8 89.5 35.8 84.8 45 *Bonus Base Density: To Qualify: • Structure setbacks from the OHWL must be at least 50% greater than the minimum setback, or, • The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means, and the setback is at least 25% greater than the minimum setback. Legend ,) Trail Connection to open space A Parking for Martin Meadows Open Space Data Shoreland Overlay Item Development Gross Developable Area 139.3 acres Net Developable Area 94.1 acres Open Space Area 71.1 acres Number of Lots 45 Percent Open Space in Shoreland Overlay District 51% Legend 51 % Open Space - waterbody, shoreland setback, wetlands, wetland buffers, dedicated parklopen space Trail Connection to open space Q Parking for Martin Meadows From code Section 13-4-9 (F)(2) b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are devel- oped areas and shall not be included in the computation of minimum open space; c. Open space must include areas with physical characteristics unsuitable for develop- ment in their natural state, and areas containing significant historic sites or unplatted cemeteries; d. Open space may include outdoor recreational facilities for use by owners of dwell- ing units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities; g. The appearance of open space areas, including topography, vegetation, and allow- able uses, must be preserved by use of restrictive deed covenants, permanent ease- ments, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50%) of the shore impact zone must be preserved in its natural state. (4) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Scott Baumgartner, City Attorney Consider Tobacco Ordinance Amendments & Administrative Hearing Ordinance December 20, 2022 ACTION REQUESTED The Council is requested to approve the attached Ordinance Amendmening (Title 3 Business and License Regulations Chapter 2 Sale of Tobacco Related Products) and adding an Administrative Hearing Ordinance (Title 3 Business and License Regulations Chapter 10 Administrative Hearings). The Council is also requested to approve the attached summary ordinance resolutions for publication. BACKGROUND Council discussion at the August 23, 2022, workshop focused on a proposed Cannabinoid Products Regulatory Ordinance, discussion regarding the "Sale of Tobacco Related Products" was deferred. The Council also received a letter dated August 23, 2022, from the Twin Cities Medical Society discussing tobacco products and its impact on youth. Council direction from the August 23, 2022, Council workshop meeting (minutes attached) was to continue discussion at future workshops. At a September 27, 2022, City Council Workshop, guests were invited to provide background on the topic including a cardiologist from HealthPartners, a representative from Advocates for Better Health and representatives from the Association of Non -Smokers Minnesota, Based on direction provide at a September 2022 Workshop (minutes attached), the October 2022 Workshop (minutes attached), and December 6, 2022 Council Meeting the City Attorney and City Administration have prepared modifications to the "Sale of Tobacco Related Products" code for Council approval. Attached is a redlined version of changes the City Attorney has incorporated into the Tobacco Ordinance and a clean copy as well. Primary changes relate to number of licenses available and updating penalties for violation. Also attached, for Council approval is an Administrative Hearing ordinance. This ordinance is based on Council direction and prepared by the City Attorney. ADDITIONAL BACKGROUND- Tobacco Sales The City Currently has sixteen (16) tobacco licenses total: Jim - five (5) convenience stores - five (5) vape/tobacco shop - six (6) w/other (grocery, big box, liquor, pharmacy) submitted, — Ordinance proposals & Summary ordinance for publication CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, CHAPTER 2, SALE OF TOBACCO RELATED PRODUCTS AND ADDING TITLE 3, CHAPTER 10, OF THE CITY CODE RELATING TO ADMINISTRATIVE HEARINGS IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, ORDAINS AS FOLLOWS: CHAPTER SALE OF TOBACCO RELATED PRODUCTS SECTION: 3-2-1: Definitions 3-2-2: License Required 3-2-3 Licenses Available 3-2-34: Application For License; Issuance 3-2-45: License Fee; Expiration and Non -transferability Of License 3-2-56: Display of License 3-2-67: Conditions Of License; Prohibited Sales 3-2-78: Self -Service Sales 3-2-89: Compliance Checks 3-2-910: Suspension Or Revocation Of License 3-2-4911: Administrative Penalties 3-2-4412: Misdemeanor Violation; Penalty 3-2-1: DEFINITIONS: The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: ADMINISTRATIVE HEARING: The processes and procedures as set forth in Title 3 Chapter 10 of the Andover City Code. ELECTRONIC DELIVERY DEVICE: Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. (Amended Ord. 445, 12/16/14) MOVEABLE PLACE OF BUSINESS: A business whose physical location is not permanent or is capable of being moved or changed. PERSON: Shall include natural persons, partnerships, firms, corporations and associations. TOBACCO RELATED PRODUCTS: Cigarettes; cigars; cheroots; stogies; perique, granulated, plug cut, ready, rubbed and other smoking tobacco; snuff, snuff flowers, cavendish, plug and twist tobacco; fine cut and other chewing tobacco; shorts, refuse, scripts, clippings, cuttings, and sweepings of tobacco prepared in such a manner as to be suitable for chewing, sniffing or smoking in a pipe; cigarette papers or pipes for smoking. (Amended Ord. 227, 8-5-1997) 3-2-2: LICENSE REQUIRED: No person shall directly or indirectly keep for retail sale, sell at retail, dispense, or give away in a retail setting any tobacco related product or electronic delivery device at any place in the city without first obtaining a license from the city. (Amended Ord. 227, 8-5-1997; Amended Ord. 445, 12/16/14) 3-2-3: LICENSES AVAILABLE: There shall be no more than seventeen (17) licenses issued in any one (1) year. Establishments renewing a current license shall have priority over new Establishments requesting a new license provided: (1) The renewing establishment complies with the requirements for renewal under this Chapter and (2) There have been no violations under this Chapter by the renewing establishment. 3-2-34: APPLICATION FOR LICENSE; ISSUANCE: Application for a license shall be made to the City Clerk on a form supplied by the city. The application shall state the full name and address of the applicant, the location of the building and the part to be used by the applicant under license, the kind of business conducted at such location, and other information as shall be required as stated in the application form or by the City Clerk. The completed application shall be presented to the City Council for its consideration and, if granted, shall be issued by the City Clerk upon payment of the required fee. (Amended Ord. 227, 8-5- 1997) 3-2-45: LICENSE FEE; EXPIRATION AND NONTRANSFERABILITY OF LICENSE: The fee for every such license shall be in the amount as set forth by ordinance'. Licenses shall be valid for one year and shall expire on December 31. Licenses shall not be transferable from one person to another. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 3-2-66: DISPLAY OF LICENSE: Every license shall be kept conspicuously posted at the location for which the license is issued and shall be exhibited to any person upon request. (Amended Ord. 227, 8-5-1997) 3-2-67: CONDITIONS OF LICENSE; PROHIBITED SALES: A. Regulations: The following regulations shall apply to the sale of tobacco related products or electronic delivery device (Amended Ord. 445, 12/16/14): 1. No license shall be issued to a person not of good moral character. 2. No license shall be issued to an applicant for sale of tobacco related products or electronic delivery device at any place other than the licensee's established place of business. (Amended Ord. 445, 12/16/14) 3. No license shall be issued for the sale of tobacco related products or electronic delivery device at a moveable place of business. (Amended Ord. 445, 12/16/14) 4. No person shall sell or give away any tobacco related products or electronic delivery device to any person below the age as required by Minnesota statutes and/or the United States Food and Drug I See subsection 1-7-3A of this code. Administration. (Amended Ord. 445, 12/16/14; Amended Ord. 500, 1/21/20) 5. No tobacco related products or electronic delivery device may be sold outside the location or area covered by the license. (Amended Ord. 445, 12/16/14) B. Vending Machines: No person shall sell, dispense, or give away any tobacco related product or electronic delivery device through the use of a vending machine or similar automated dispensing device. This subsection does not apply to vending machines in facilities that cannot be entered at any time by persons younger than eighteer-twenty-one (4-821) years of age. (Amended Ord. 227, 8-5-1997; amd. 2003 Code; Amended Ord. 445, 12/16/14) 3-2-78: SELF-SERVICE SALES: A. 1. Except in adult only facilities, no licensee shall offer for sale single packages of cigarettes or smokeless tobacco in open displays that are accessible to the public without the intervention of a store employee. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 2. The self-service restriction described in this subsection shall not apply to retail stores that derive at least ninety percent (90%) of their revenue from tobacco and tobacco related products or electronic delivery device and which cannot be entered at any time by persons younger than twenty- one (21) years of age. (Amended Ord. 445, 12/16/14; Amended Ord. 500, 1/21120) B. No person shall sell, dispense or give away any tobacco related product or electronic delivery device through self-service merchandising,, ecsept via (Amended Ord 445 12A6/1 AY _11 Fir. -W. rMINIMM 7W. . . 114" •............ 3-2-89: COMPLIANCE CHECKS: The city shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco or electronic delivery device is sold to test compliance with Minnesota Statutes Section 609.685. Compliance checks shall utilize minors over the age of fifteen (15), but under the age of twenty-one (21), who, with the prior written consent of a parent or guardian, attempt to purchase tobacco or electronic delivery device under the direct supervision of a law enforcement officer or an employee of the city. (Amended Ord. 227, 8/5/1997; amd. 2003 Code; Amended Ord. 445, 12/16/14; Amended Ord. 500,1/21/20) 3-2-910: SUSPENSION OR REVOCATION OF LICENSE: Upon finding that a licensee of any license granted pursuant to this chapter has failed to comply with any applicable statutes, regulation or ordinance relating to the sale or use of tobacco related products or electronic delivery device, the City Council may either revoke or suspend the license. Every such license may be revoked by the City Council for violating any of the provisions stated in this chapter. (Amended Ord. 227, 8/5/1997; Amended Ord. 445,12/16/14) 3-2-4011: ADMINISTRATIVE PENALTIES: A. If a licensee or employee of a licensee sells tobacco or electronic delivery device to a person under the age of twenty-one (21) years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of seventy five d^"^fstwo hundred fifty dollars ($7-5250.00). must he'R4pGsedf^r For a second violation at the same location within twenty-four (24) months after the initial violation, an administrative penalty of five hundred dollars ($500.00) must be imposed, and the licensee's authority to sell tobacco or electronic delivery devices at that location must be suspended for not less than three (3) nor more than seven (7) days. For a third violation at the same location within twenty-four (24) months after the initial violation, an administrative penalty of tame hdadred fiftyone thousand dollars ($2501,000.00) must be imposed, and the licensee's authority to sell tobacco or electronic delivery device at that location must be suspended for not less than seven (7) nor more than thirty (30) days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for an administrative hearing must be in writing. (Amended Ord. 445,12/16114; Amended Ord. 500, 1/21/20) B. An individual who sells tobacco or electronic delivery device to a person under the age of twenty-one (21) years must be charged an administrative penalty of fifty dollars ($50.00). No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the city to conduct the hearing. A decision that a violation has occurred must be in writing. (Amended Ord. 445,12/16/14; Amended Ord. 500, 1/21/20) C. It is an affirmative defense to the charge of selling tobacco or electronic delivery device to a person under the age of twenty-one (21) years in violation of this chapter that the licensee or individual making the sale relied in good faith upon proof of age as follows (Amended Ord. 445, 12/16/14; Amended Ord. 500, 1/21/20): 1. A valid driver's license or identification card issued by the state of Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; 2. A valid military identification card issued by the United States Department of Defense; 3. A valid passport issued by the United States; or 4. In the case of a foreign national, by a valid passport. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 3-2-412: MISDEMEANOR VIOLATION; PENALTY: Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be punished as defined by state law. (Amended Ord. 227, 8-5-1997) CHAPTER 10 ADMINISTRATIVE HEARINGS SECTION: 3-10-1: Requesting a Hearing 3-10-2: Hearing Officer 3-10-3: The Hearing 3-10-4: Authority of Hearing Officer 3-10-5: Hearing Officer's Decision 3-10-6: City Council Review 3-10-7: Additional Penalties 3-10-8: Judicial Review 3-10-1: REQUESTING A HEARING A. Any person contesting an administrative penalty, suspension or revocation of a license issued pursuant to this Title may, within 10 days of the time of issuance of the administrative penalty, suspension or revocation, request a hearing before a hearing officer. B. Any request for a hearing before a hearing officer shall be made in writing on a form provided by the city for such a request and be either delivered personally to the city at city hall or mailed to the city by United States first class mail, postage prepaid. If mailed, the request must be received by the city within the prescribed 10 days. C. The hearing shall be held at city hall within 30 days of receipt of a timely submitted request for a hearing. D. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing. A hearing officer may waive this result upon good cause shown. A determination of good cause shall be made by the hearing officer, but specifically does not include forgetfulness or intentional delay. E. A hearing request filing fee shall be paid simultaneously with the filing of the hearing request, in the amount adopted by ordinance by the city council. F. In cases where an administrative penalty, suspension or revocation of a license decision is upheld by the hearing officer, in addition to any administrative penalty or other conditions imposed by the hearing officer, the offender shall be responsible for payment of the costs of the hearing, including the hearing officer's fees, in an amount not to exceed $1,000. 3-10-2: HEARING OFFICER: The city council may periodically approve a list of lawyers from which the city administrator will randomly select a hearing officer, who must not be a city employee, to hear and determine a matter for which a hearing is requested. 3-10-3: THE HEARING: A. Notice of the hearing must be served in person or by mail on the alleged violator and/or owner of the property at least ten days prior to the hearing date, unless a shorter time period is accepted by all parties. B. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidentiary procedure will not apply. C. The hearing officer may record the hearing and receive testimony and exhibits. D. The hearing officer must receive and give weight to the evidence presented, including reliable hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. 3-10-4: AUTHORITY OF HEARING OFFICER: A. The hearing officer has the authority to determine whether a violation has occurred, or is occurring, and, upon his/her findings, may: 1. Uphold the Administrative Penalty, suspension or revocation of the license; 2. Modify the Administrative Penalty, suspension or revocation of the license; 3. Overturn the Administrative Penalty, suspension or revocation of the license; or 4. Impose any combination of the foregoing provisions that the hearing officer deems to be reasonable. B. In rendering their decision, the hearing officer may consider any or all of the following factors: 1. The frequency of reoccurrence of the violation; 2. The seriousness of the violation; 3. The history of the violation; 4. The violator's conduct after issuance of the notice of hearing; 5. The good faith effort by the violator to comply; 6. The impact of the violation upon the community; and 7. Any other factors the hearing officer deems appropriate to achieve a just result. 3-10-5: HEARING OFFICER'S DECISION: a. The hearing officer's decision must be in writing. b. The decision of the hearing officer is final without any further right of administrative appeal. c. The hearing officer's decision may be appealed to the city council by submitting a request in writing to the city clerk within seven (7) days after issuance of the hearing officer's decision. 3-10-6: CITY COUNCIL REVIEW: A. Appeal of hearing officer's decision. The hearing officer's decision in any of the following matters may be appealed by a party to the city council for administrative review: 1. An alleged failure to obtain a permit, license, or other approval from the city council as required by city ordinance; 2. An alleged violation of a permit, license, or other approval, or the conditions attached to the permit, license, or approval, that was granted by the city council; and 3. An alleged violation of regulations governing a person or entity who has received a license granted by the city council. B. Appeal to the city council. To appeal to the city council, the party seeking the appeal must submit a request in writing to the city clerk within seven (7) days after the issuance of the hearing officer's decision. The appeal must be accompanied by a fee as established by the city council. C. Hearing by the city council. The appeal will be heard by the city council after notice served in person or by registered mail at least ten (10) days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision. D. City council decision. The city council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The city council is not bound by the hearing officer's decision, but may adopt all or part of the hearing officer's decision. The city council's decision must be in writing. E. Finding of violation and imposition of penalty. If the city council makes a finding of a violation, it may: 1. Uphold the hearing officer's decision; 2. Modify the hearing officer's decision; 3. Overturn the hearing officer's decision; or 4. Impose any combination of the foregoing provisions that the city council deems to be reasonable. 3-10-7: ADDITIONAL PENALTIES: Failure to pay an Administrative Penalty within the time allowed is grounds for suspending or revoking a license related to the violation and/or the property upon which the violation occurred. 3-10-8: JUDICIAL REVIEW: An aggrieved party may obtain judicial review of the decision of the hearing officer or the city council by proceeding under a writ of certiorari in district court. 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 20th day of December, 2022. ATTEST: CITY OF ANDOVER: Michelle Hartner, City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE ORDAINING CITY CODE TITLE 3, CHAPTER 2: SALE OF TOBACCO RELATED PRODUCTS AND ADDING TITLE 3, CHAPTER 10, ADMINISTRATIVE HEARINGS IN THE CITY OF ANDOVER 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 amendment limits the number of tobacco licenses issued in any one year and adds administrative hearings in the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 20' day of December 2022. ATTEST: CITY OF ANDOVER Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor TITLE 3 BUSINESS AND LICENSE REGULATIONS Subject Chapter LiquorControl.......................................................................1 3.2 Percent Malt Liquor....................................................1A Intoxicating Liquor........................................................... 1B Outdoor Parties............................................................... 1 C Sale Of Tobacco Related Products.......................................2 Construction Activities..........................................................3 Pawnbrokers, Secondhand Goods Dealers And Precious Metal Dealers......................................................4 Transient Merchants, Peddlers, Solicitors And Canvassers........................................................................5 Massage Businesses And Services......................................6 Adult Use Businesses...........................................................7 Vehicle Sales Business........................................................8 Cannabinoid Products..........................................................9 Administrative Hearings......................................................10 CHAPTER 2 SALE OF TOBACCO RELATED PRODUCTS SECTION: 3-2-1: Definitions 3-2-2: License Required 3-2-3 Licenses Available 3-2-4: Application For License; Issuance 3-2-5: License Fee; Expiration and Non -transferability Of License 3-2-6: Display of License 3-2-7: Conditions Of License; Prohibited Sales 3-2-8: Self -Service Sales 3-2-9: Compliance Checks 3-2-10: Suspension Or Revocation Of License 3-2-11: Administrative Penalties 3-2-12: Misdemeanor Violation; Penalty 3-2-1: DEFINITIONS: The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: ADMINISTRATIVE HEARING: The processes and procedures as set forth in Title 3, Chapter 10 of the Andover City Code. ELECTRONIC DELIVERY DEVICE: Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. (Amended Ord. 445, 12/16/14) MOVEABLE PLACE OF BUSINESS: A business whose physical location is not permanent or is capable of being moved or changed. PERSON: Shall include natural persons, partnerships, firms, corporations and associations. e: • eZKoIN4WA119 PRODUCTS: Cigarettes; cigars; cheroots; stogies; perique, granulated, plug cut, ready, rubbed and other smoking tobacco; snuff, snuff flowers, cavendish, plug and twist tobacco; fine cut and other chewing tobacco; shorts, refuse, scripts, clippings, cuttings, and sweepings of tobacco prepared in such a manner as to be suitable for chewing, sniffing or smoking in a pipe; cigarette papers or pipes for smoking. (Amended Ord. 227, 8-5-1997) 3-2-2: LICENSE REQUIRED: No person shall directly or indirectly keep for retail sale, sell at retail, dispense, or give away in a retail setting any tobacco related product or electronic delivery device at any place in the city without first obtaining a license from the city. (Amended Ord. 227, 8-5-1997; Amended Ord. 445, 12/16/14) 3-2-3: LICENSES AVAILABLE: There shall be no more than seventeen (17) licenses issued in any one (1) year. Establishments renewing a current license shall have priority over new Establishments requesting a new license provided: (1) The renewing establishment complies with the requirements for renewal under this Chapter; and (2) There have been no violations under this Chapter by the renewing establishment. 3-2-4: APPLICATION FOR LICENSE; ISSUANCE: Application for a license shall be made to the City Clerk on a form supplied by the city. The application shall state the full name and address of the applicant, the location of the building and the part to be used by the applicant under license, the kind of business conducted at such location, and other information as shall be required as stated in the application form or by the City Clerk. The completed application shall be presented to the City Council for its consideration and, if granted, shall be issued by the City Clerk upon payment of the required fee. (Amended Ord. 227, 8-5- 1997) 3-2-5: LICENSE FEE; EXPIRATION AND NONTRANSFERABILITY OF LICENSE: The fee for every such license shall be in the amount as set forth by ordinance'. Licenses shall be valid for one year and shall expire on December 31. Licenses shall not be transferable from one person to another. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 3-2-6: DISPLAY OF LICENSE: Every license shall be kept conspicuously posted at the location for which the license is issued and shall be exhibited to any person upon request. (Amended Ord. 227, 8-5-1997) 3-2-7: CONDITIONS OF LICENSE; PROHIBITED SALES: A. Regulations: The following regulations shall apply to the sale of tobacco related products or electronic delivery device (Amended Ord. 445, 12/16/14): 1. No license shall be issued to a person not of good moral character. 2. No license shall be issued to an applicant for sale of tobacco related products or electronic delivery device at any place other than the licensee's established place of business. (Amended Ord. 445, 12/16/14) 3. No license shall be issued for the sale of tobacco related products or electronic delivery device at a moveable place of business. (Amended Ord. 445, 12/16/14) 4. No person shall sell or give away any tobacco related products or electronic delivery device to any person below the age as required by Minnesota statutes and/or the United States Food and Drug Administration. (Amended Ord. 445, 12/16/14; Amended Ord. 500, 1/21/20) 5. No tobacco related products or electronic delivery device may be sold outside the location or area covered by the license. (Amended Ord. 445, 12/16/14) B. Vending Machines: No person shall sell, dispense, or give away any tobacco related product or electronic delivery device through the use of a vending machine or similar automated dispensing device. This subsection does not apply to vending machines in facilities that cannot be entered at any time by persons younger than twenty-one (21) years of age. (Amended Ord. 227, 8-5-1997; amd. 2003 Code; Amended Ord. 445, 12/16/14) See subsection 1-7-3A of this code. 3-2-8: SELF-SERVICE SALES: A. 1. Except in adult only facilities, no licensee shall offer for sale single packages of cigarettes or smokeless tobacco in open displays that are accessible to the public without the intervention of a store employee. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 2. The self-service restriction described in this subsection shall not apply to retail stores that derive at least ninety percent (90%) of their revenue from tobacco and tobacco related products or electronic delivery device and which cannot be entered at any time by persons younger than twenty- one (21) years of age. (Amended Ord. 445,12/16/14; Amended Ord. 500, 1/21/20) B. No person shall sell, dispense or give away any tobacco related product or electronic delivery device through self-service merchandising. 3-2-9: COMPLIANCE CHECKS: The city shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco or electronic delivery device is sold to test compliance with Minnesota Statutes Section 609.685. Compliance checks shall utilize minors over the age of fifteen (15), but under the age of twenty-one (21), who, with the prior written consent of a parent or guardian, attempt to purchase tobacco or electronic delivery device under the direct supervision of a law enforcement officer or an employee of the city. (Amended Ord. 227, 8/5/1997; amd. 2003 Code; Amended Ord. 445,12/16/14; Amended Ord. 500,1/21/20) 3-2-10: SUSPENSION OR REVOCATION OF LICENSE: Upon finding that a licensee of any license granted pursuant to this chapter has failed to comply with any applicable statutes, regulation or ordinance relating to the sale or use of tobacco related products or electronic delivery device, the City Council may either revoke or suspend the license. Every such license may be revoked by the City Council for violating any of the provisions stated in this chapter. (Amended Ord. 227, 8/5/1997; Amended Ord. 445, 12/16/14) 3-2-10: SUSPENSION OR REVOCATION OF LICENSE: Upon finding that a licensee of any license granted pursuant to this chapter has failed to comply with any applicable statutes, regulation or ordinance relating to the sale or use of tobacco related products or electronic delivery device, the City Council may either revoke or suspend the license. Every such license may be revoked by the City Council for violating any of the provisions stated in this chapter. (Amended Ord. 227, 8/5/1997; Amended Ord. 445, 12/16/14) 3-2-11: ADMINISTRATIVE PENALTIES: A. If a licensee or employee of a licensee sells tobacco or electronic delivery device to a person under the age of twenty-one (21) years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of two hundred fifty dollars ($250.00). For a second violation at the same location within twenty-four (24) months after the initial violation, an administrative penalty of five hundred dollars ($500.00) must be imposed, and the licensee's authority to sell tobacco or electronic delivery devices at that location must be suspended for not less than three (3) nor more than seven (7) days. For a third violation at the same location within twenty-four (24) months after the initial violation, an administrative penalty of one thousand dollars ($1,000.00) must be imposed, and the licensee's authority to sell tobacco or electronic delivery device at that location must be suspended for not less than seven (7) nor more than thirty (30) days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for an administrative hearing(Amended Ord. 445,12/16/14; Amended Ord. 500,1/21/20) B. An individual who sells tobacco or electronic delivery device to a person under the age of twenty-one (21) years must be charged an administrative penalty of fifty dollars ($50.00). No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the city to conduct the hearing. A decision that a violation has occurred must be in writing. (Amended Ord. 445,12/16/14; Amended Ord. 500, 1/21/20) C. It is an affirmative defense to the charge of selling tobacco or electronic delivery device to a person under the age of twenty-one (21) years in violation of this chapter that the licensee or individual making the sale relied in good faith upon proof of age as follows (Amended Ord. 445, 12/16/14; Amended Ord. 500,1/21/20): 1. A valid driver's license or identification card issued by the state of Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; 2. A valid military identification card issued by the United States Department of Defense; 3. A valid passport issued by the United States; or 4. In the case of a foreign national, by a valid passport. (Amended Ord. 227, 8-5-1997; amd. 2003 Code) 3-2-12: MISDEMEANOR VIOLATION; PENALTY: Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be punished as defined by state law. (Amended Ord. 227, 8-5-1997) CHAPTER 10 ADMINISTRATIVE HEARINGS 3-10-1: REQUESTING A HEARING: A. Any person contesting an administrative penalty, suspension or revocation of a license issued pursuant to this Title may, within 10 days of the time of issuance of the administrative penalty, suspension or revocation, request a hearing before a hearing officer. B. Any request for a hearing before a hearing officer shall be made in writing on a form provided by the city for such a request and be either delivered personally to the city at city hall or mailed to the city by United States first class mail, postage prepaid. If mailed, the request must be received by the city within the prescribed 10 days. C. The hearing shall be held at city hall within 30 days of receipt of a timely submitted request for a hearing. D. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing. A hearing officer may waive this result upon good cause shown. A determination of good cause shall be made by the hearing officer, but specifically does not include forgetfulness or intentional delay. E. A hearing request filing fee shall be paid simultaneously with the filing of the hearing request, in the amount adopted by ordinance by the city council. F. In cases where an administrative penalty, suspension or revocation of a license decision is upheld by the hearing officer, in addition to any administrative penalty or other conditions imposed by the hearing officer, the offender shall be responsible for payment of the costs of the hearing, including the hearing officer's fees, in an amount not to exceed $1,000. 3-10-2: HEARING OFFICER: The city council may periodically approve a list of lawyers from which the city administrator will randomly select a hearing officer, who must not be a city employee, to hear and determine a matter for which a hearing is requested. 3-10-3: THE HEARING: A. Notice of the hearing must be served in person or by mail on the alleged violator and/or owner of the property at least ten days prior to the hearing date, unless a shorter time period is accepted by all parties. B. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidentiary procedure will not apply. C. The hearing officer may record the hearing and receive testimony and exhibits. D. The hearing officer must receive and give weight to the evidence presented, including reliable hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. 3-10-4: AUTHORITY OF HEARING OFFICER: A. The hearing officer has the authority to determine whether a violation has occurred, or is occurring, and, upon his findings, may: 1. Uphold the Administrative Penalty, suspension or revocation of the license; 2. Modify the Administrative Penalty, suspension or revocation of the license; Overturn the Administrative Penalty, suspension or revocation of the license; or 4. Impose any combination of the foregoing provisions that the hearing officer deems to be reasonable. B. In rendering their decision, the hearing officer may consider any or all of the following factors: The frequency of reoccurrence of the violation; 2. The seriousness of the violation; The history of the violation; 4. The violator's conduct after issuance of the notice of hearing; 5. The good faith effort by the violator to comply; 6. The impact of the violation upon the community; and 7. Any other factors the hearing officer deems appropriate to achieve a just result. 3-10-5: HEARING OFFICER'S DECISION: a. The hearing officer's decision must be in writing. b. The decision of the hearing officer is final without any further right of administrative appeal. c. The hearing officer's decision may be appealed to the city council by submitting a request in writing to the city clerk within seven (7) days after issuance of the hearing officer's decision. 3-10-6: CITY COUNCIL REVIEW: A. Appeal of hearing officer's decision. The hearing officer's decision in any of the following matters may be appealed by a party to the city council for administrative review; An alleged failure to obtain a permit, license, or other approval from the city council as required by city ordinance; 2. An alleged violation of a permit, license, or other approval, or the conditions attached to the permit, license, or approval, that was granted by the city council; and 3. An alleged violation of regulations governing a person or entity who has received a license granted by the city council. B. Appeal to the city council. To appeal to the city council, the party seeking the appeal must submit a request in writing to the city clerk within seven (7) days after the issuance of the hearing officer's decision. The appeal must be accompanied by a fee as established by the city council. C. Hearing by the city council. The appeal will be heard by the city council after notice served in person or by registered mail at least ten (10) days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision. D. City council decision. The city council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The city council is not bound by the hearing officer's decision, but may adopt all or part of the hearing officer's decision. The city council's decision must be in writing. E. Finding of violation and imposition ofpenalty. If the city council makes a finding of a violation, it may: 1. Uphold the hearing officer's decision; 2. Modify the hearing officer's decision; 3. Overturn the hearing officer's decision; or 4. Impose any combination of the foregoing provisions that the city council deems to be reasonable. 3-10-7: ADDITIONAL PENALTIES: Failure to pay an Administrative Penalty within the time allowed is grounds for suspending or revoking a license related to the violation and/or the property upon which the violation occurred. 3-10-8: JUDICIAL REVIEW: An aggrieved party may obtain judicial review of the decision of the hearing officer or the city council by proceeding under a writ of certiorari in district court. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report December 20, 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. 3