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HomeMy WebLinkAboutCC - June 6, 2023C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 6, 2023 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Fire Department — New Firefighter Swearing In Agenda Approval 1. Approval of Minutes (5/16/23 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Award Bid/22-40/Kelsey Round Lake Park Boardwalk Replacement — Engineering 4. Approve Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates —Administration 5. Approve Refuse/Recycler Hauler License — Administration 6. Approve Lease Agreement with Anoka -Hennepin School District/2023 Andover Family Fun Peat — Finance 7. Approve Appointment — Maintenance Worker - Administration 8. Approve Juneteenth Holiday —Administration 9. Approve Community Development Block Grant Sub recipient Agreement and Addendum No. 1— Planning 10. Approve Change Order #1 (2023 Full Depth Reclamation, City Project 23-17) —Engineering 11. Approve 2023 Animal Impound Facility Agreement - Administration Discussion Items 12. 2022 Audit Presentation/Redpath & Co., Ltd. — Finance 13. Hearing/Consider Classifying Dangerous Dog - 2849 142nd Lane NW —Administration 14. 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 Staff Items 15. Administrator's Report —Administration Mayor/Council Input Closed Session — Union Negotiations Update —Administration Adjournment (01 A'Lb , --A- 1685 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 FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: June 6, 2023 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: May 16, 2023 Regular The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, L Michelle Harmer Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING — MAY 16, 2023 7 MINUTES 8 9 10 The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor 11 Bukkila, May 16, 2023, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Jamie Barthel, Ted Butler, Rick Engelhardt, and Randy Nelson 15 16 Councilmember absent: None 17 18 Also present: City Administrator, Jim Dickinson 19 Community Development Director, Joe Janish 20 City Attorney, Scott Baumgartner 21 Others 22 23 PLEDGE OFALLEGIANCE 24 25 RESIDENTFORUM 26 27 No one came forward to address the Council. 28 29 AGENDA APPROVAL 30 31 City Administrator Dickinson noted the supplemental information received: 32 Item #6A — Temporary Intoxicating Liquor License for the Andover Lions at Fun Fest. 33 Item #7A — Consider a resolution terminating a driveway variance. 34 35 Motion by Butler, Seconded by Barthel, to approve the Agenda as amended. Motion carried 36 unanimously. 37 38 APPROVAL OFMINUTES 39 40 April 25, 2023, Workshop Meeting: Correct as written. 41 42 May 2, 2023, Regular Meeting: Correct as written. 43 44 Motion by Nelson, Seconded by Engelhardt, to approve the above meeting minutes as presented. 45 Motion carried 4 ayes, I present (Butler). 46 Regular Andover City Council Meeting Minutes—May 16, 2023 Page 4 CONSENTITEMS 3 Item 2 Approve Payment of Claims 4 Item 3 Approve Ref ise/Recycler Hauler Licenses 5 Item 4 Award Bid/23-22, Sunshine Park North Parking Lot Reconstruction & 23-23, Fire Station 6 #2 Parking Lot Reconstruction (See Resolution R041-23) 7 Item 5 Receive April 2023 City Investment Reports 8 Item 6 Receive April 2023 General Fund Budget Progress Report 9 Item 6A Temporary Intoxicating Liquor License for the Andover Lions at Fun Fest 10 11 Motion by Butler, Seconded by Engelhardt, to approve of the Consent Agenda as read. Motion 12 carried unanimously. 13 14 ANO%ACOUNTYSHERIFFS OFFICE MONTHLYREPORT 15 16 Commander Paul Lenzmeier provided a monthly report for the month of April, including 1,178 17 calls for service, bringing the total to 3,966 calls for service for the year. He shared they are 18 continuing to see a decrease in the number of thefts which corresponds directly with the number 19 of misdemeanor arrests which is also decreasing. He noted there were 7 felony arrests for the 20 month and 30 for the year. He stated there were 6 gross misdemeanor arrests and 14 misdemeanor 21 arrests for the month, which is down to 49 over 70 arrests at this time last year and the gross 22 misdemeanor arrests are up to 28 over 10 arrests at this time last year. He reported there were 304 23 traffic stops for the month which resulted in 60 arrests. He noted they continue to see an increase 24 in calls for speeding complaints. He said they are being spread thin with the increase in calls for 25 service. He added DWIs are up with a total of 25 for this year over 14 last year, and 6 for the month 26 of April. He noted April and May are part of the training period for the division and office and 27 they completed 8 hours of active shooter training, 12 hours of use of force training and 3 hours of 28 firearms training. He stated they have been very busy and the team is now all set for the busy 29 summer ahead. He shared they are deploying new Axon body -worn cameras and tasers. He noted 30 this week they started their in -squad camera system which they are updating as the previous system 31 was 8 years old. He mentioned they are continually hiring for new deputies. He shared they will 32 be at Dunkin' Donuts this Friday from 5:30 a.m. to 12:00 p.m. in support of the Special Olympics. 33 34 Councilmember Nelson asked how many deputies the Anoka County Sheriff s Department is short 35 and how many they are currently interviewing. Commander Lenzmeier stated they are short 15 36 deputies and are interviewing 3 tomorrow and 4 more in background check process. 37 38 Councilmember Barthel shared in his neighborhood they have seen a large increase in solicitors. 39 He asked what number residents should call with concerns about solicitors. Commander 40 Lenzmeier stated the non -emergency number is 763-427-1212 but noted it is okay for residents to 41 call 911 with these concerns. Councilmember Barthel shared he calls frequently about solicitors 42 and the Sheriffs Office has always been phenomenal when dealing with solicitors. 43 44 Mayor Bukkila asked if it is true that it is preferred these calls go through 911 as it is then entered Regular Andover City Council Meeting Minutes —May 16, 2023 Page 4 1 as statistical data, whereas non -emergency calls are not counted. Lieutenant Lenzmeier shared he 2 believes this was a previous system practice. He stated the difference between 911 calls and non - 3 emergency calls is that all caller data populates in for a 911 call. 4 5 City Attorney Baumgartner asked if Axon was used previously for squad cameras. Commander 6 Lenzmeier stated they had Axon body -worn cameras and Panasonic squad cameras. City Attorney 7 Baumgartner asked if anything will be done differently to receive evidence through the Axon 8 squad cameras. Commander Lenzmeier said nothing different needs to be done and the only 9 difference is that now all evidence will live in the cloud. 10 11 CONSIDER RESOLUTION TERMINATING THE DRIVEWAY VARIANCE FOR THE 12 PR OPER TY LOCA TED AT 15026 CROSSTO WN BO ULE VA RD NORTHWEST 13 14 In 1996, Andover approved the Woodland Estates plat and as part of this platting process there 15 was a variance granted to 15026 Crosstown Boulevard. The variance was related to maintaining 16 the driveway and when the owner at the time no longer owned the property a new driveway would 17 be constructed off of Osage Street. 18 19 Community Development Director Janish reviewed the information with the Council and shared 20 the proposed resolution acknowledging that the owner at the time of the variance is no longer the 21 owner and within 120 days of approval, the driveway on Osage Street must be constructed. He 22 stated this also acknowledging the original variance Resolution #297-96. 23 24 Councilmember Nelson asked if this property is currently up for sale. Community Development 25 Director Janish confirmed that is the case and shared that property ownership has been transferred. 26 27 City Attorney Baumgartner explained this is for the benefit of new purchasers that would be 28 coming into this area to make them aware that the variance is no longer there. He shared that Staff 29 has been in conversation with the estate of the previous owner discussing entering into a separate 30 agreement with these and escrowing some funds so the City can be assured that the driveway is 31 removed. He advised that the variance itself was never recorded and there is nothing in the title 32 that lets any potential buyer know that the variance existed so they are attaching the previous 33 resolution with the variance attached recorded so that any potential buyer will find the information 34 when doing a title search. 35 36 Councilmember Butler asked if the 120 -day timeline is realistic for construction of a new 37 driveway. Community Development Director Janish shared the intent is to move forward with an 38 agreement between the current owner to identify more details; however, 120 days is a reasonable 39 amount of time to construct a new driveway. He explained they would come up with an agreement 40 to be brought to the Council at the next meeting. 41 42 Motion by Butler, Seconded by Nelson, to approve Resolution No. R042-23 terminating the 43 driveway variance for the property at 15026 Crosstown Boulevard NW. Motion carred Regular Andover City Council Meeting Minutes — May 16, 2023 Page 4 unanimously. SCHEDULE STRATEGIC PLANNING SESSION 4 Mayor Bukkila shared the coordinated dates with the facilitator for 6:00 p.m. on Thursday, May 5 25, 2023 and 6:00 p.m. on Thursday June 8, 2023 for continuation. 7 Motion by Barthel, Seconded by Nelson, to schedule a Strategic Planning Session on Thursday, 8 May 25, 2023 at 6:00 p.m. and continuation on Thursday, June 8, 2023 at 6:00 p.m. Motion carried 9 unanimously. 10 11 ADMINISTRA TOR'S REPOR T 12 13 City Staff updated the Council on the administration and city department activities, legislative 14 updates, updates on development/CIP projects, and meeting reminders/community events. 15 16 (Administrative Staff Report) City Administrator Dickinson shared at the next Council meeting 17 there will be a presentation on the 2022 audit. He noted there are no comments or concerns at this 18 time. He explained they are well into the budget process for 2024 and are working with different 19 departments, whose deadline to submit their information is July 151. He noted the Strategic 20 Planning Sessions have been scheduled which should help generate additional direction towards 21 budget and capital improvement planning. He stated the first meeting will be at the Community 22 Center and the location for the second meeting has not been set. He reminded the Council there 23 will be a workshop meeting on May 23, 2023 and the primary focus for the meeting will be the 24 Community Center, the updates, and touring the facility. He reported there are 27 new permitted 25 homes within the Building Department. He added the scheduled opening date for Taco Bell is June 26 1, 2023. He noted Westgate Senior Living along Bunker Lake Boulevard is scheduled for a June 27 1, 2023 opening date. He added the Red Oaks project is in a proposed bill at the Capital, which is 28 a $1.3 billion cash project bill. He stated he will be helping host the North Metro Mayor's meeting 29 at the Community Center this week. 30 31 (Community Development Department Report) Mr. Janish noted the Andover Home 32 Improvement Grant is open for applications and shared that he and Planning Department staff are 33 available to help residents. 34 35 (Public Works/Engineering Department Report) On behalf of Mr. Berkowitz, Mr. Dickinson 36 shared the reclaim projects are getting queued up, including Foxberry Farms which will be milled 37 this week and could be paved as early as next week. He noted they will work with neighborhoods 38 on communication of these projects. He added after these projects, the Tulip Street and 1615' 39 Avenue project will start on May 25, 2023. He stated the other projects for mill and overlay have 40 yet to be scheduled. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Regular Andover City Council Meeting Minutes—May 16, 2023 Page 4 MAYOR/COUNCIL INPUT Mayor Bukkila shared she is receiving emails regarding potholes and other concerns around the City. She shared the unique feature on the website for residents to report problems and encouraged everyone to utilize this. Councilmember Nelson invited all residents to the Anoka County Veterans Council Memorial Day program at 10:00 a.m. on Saturday, May 27, 2023, at Morningside Cemetery in Coon Rapids. He noted the Mayor's Breakfast was a great event with keynote speaker Mike Max. IW/Z/17i•)u'T*&`It11 Motion by Barthel, Seconded by Nelson, to adjourn. Motion carried unanimously. The meeting adjourned at 7:29 p.m. Respectfully submitted, Ava Rokosz, Recording Secretary 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 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —MAY 16, 2023 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..................................................................................................... 1 RESIDENTFORUM.................................................................................................................. 1 AGENDAAPPROVAL.............................................................................................................. 1 APPROVAL OF MINUTES....................................................................................................... 1 CONSENTITEMS..................................................................................................................... 2 Item 2 Approve Payment of Claims..................................................................................... 2 Item 3 Approve Refuse/Recycler Hauler Licenses.............................................................. 2 Item 4 Award Bid/23-22, Sunshine Park North Parking Lot Reconstruction & 23-23, Fire Station #2 Parking Lot Reconstruction(R041-23)..................................................................... 2 Item 5 Receive April 2023 City Investment Reports........................................................... 2 Item 6 Receive April 2023 General Fund Budget Progress Report ..................................... 2 Item 6A Temporary Intoxicating Liquor License for the Andover Lions at Fun Fest............ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ............................................ 2 CONSIDER RESOLUTION TERMINATING THE DRIVEWAY VARIANCE FOR THE PROPERTY LOCATED AT 15026 CROSSTOWN BOULEVARD NORTHWEST (R042-23)............................................................................................................................ 3 SCHEDULE STRATEGIC PLANNING SESSION.................................................................. 4 ADMINISTRATOR'S REPORT................................................................................................ 4 MAYOR/COUNCIL INPUT...................................................................................................... 5 ADJOURNMENT....................................................................................................................... 5 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administ FROM: Lee Brezinka, Finance Manag SUBJECT: Payment of Claims DATE: June 6, 2023 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. C� Claims totaling $259,821.76 on disbursement edit list #14 from 05/19/2023 to 06/02/2023 have been issued and released. Claims totaling $891,660.80 on disbursement edit list #5 dated 06/06/2023 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 $1,151,482.56. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, g Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor / AW F o f User: BrendaF Printed: 05/19/2023 - 9:44AM Batch: 00418.05.2023 Invoice No Description Amount Payment Date Acct Number Reference Vendor: AbleHose Able Hose And Rubber Check Sequence: 1 ACH Enabled: False 230725-001 Parts to Repair Unit #18-172 232.50 05/19/2023 6100-48800-61115 230725-001 Labor to Repair Unit #18-172 15.00 05/19/2023 6100-48800-63135 Check Total: 247.50 - Vendor: AnkCity City of Anoka Check Sequence: 2 ACH Enabled: False INVOI631 Traffic Signal -7th Ave &143rd 28.37 05/19/2023 0101-43400-62005 INVOI632 Traffic Signal - Bunker &7th Ave 27.42 05/19/2023 0101-43400-62005 Check Total: 55.79 Vendor: AnkCol6 Anoka Co Sheriff - Andover Check Sequence: 3 ACH Enabled: False 2023 Toward Zero Drug for After School Program 799.80 05/19/2023 4180-49300-63005 Check Total: 799.80 Vendor: AspenMil Aspen Mills Check Sequence:4 ACH Enabled: False 313216 Uniform for C. Hime 20.85 05/19/2023 0101-42200-61305 313269 Uniform for H. Kaiser 198.70 05/19/2023 0101-42200-61305 313424 Uniform for S. Sanford 183.20 05/19/2023 0101-42200-61305 Check Total: 402.75 Vendor: BanKoe Ban-Koe Companies, Inc Check Sequence: 5 ACH Enabled: False 407593 Trouble Shoot Fire System 849.00 05/19/2023 2130-44000-63105 Check Total: 849.00 Vendor: BerkoDav David Berkowitz Check Sequence: 6 ACH Enabled: False 2023 2023 Medical Flex Account 997.60 05/19/2023 0101-00000-21211 Check Total: 997.60 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: BryanRoc Bryan Rock Products, Inc. 58057 Red Ball Diamond Check Sequence: 7 1,724.58 05/19/2023 0101-45000-61130 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 2 Check Total: 1,724.58 Vendor: Carefree Carr's Tree Service Check Sequence: 8 ACH Enabled: False 29591 SC Remove Ash Tree @ 13617 Jonquil St. 962.50 05/19/2023 0101-43100-63010 29595 SC Remove Cottonwood & Maple Tree @ 1680 An( 1,375.00 05/19/2023 0101-43100-63010 29596 SC Remove 10 Ash Trees @ 13641 Heather St. 5,640.00 05/19/2023 0101-43100-63010 29600 SC Remove 2 Ash Trees @ 14824 Eagle St. 1,375.00 05/19/2023 0101-43100-63010 Check Total: 9,352.50 Vendor: CedMFrid Cedar Management, Inc Check Sequence: 9 ACH Enabled: False 04/30/23 Mgmt April 2023 Management Fees 200.00 05/19/2023 4520-49300-63010 Check Total: 200.00 Vendor: Centerpt CenterPoint Energy Check Sequence: 10 ACH Enabled: False 11078651-4 Vehicle Maint Bldg 2,448.43 05/19/2023 610048800-62015 11078651-4 11078654-8 Cold Storage 635.48 05/19/2023 0101111940-62015 11078654-8 11369722-1 2607 BunkerLkBlvd MAIN(4-plex) 207.34 05/19/2023 452049300-62015 11369722 11527322-9 2513 Bunker Lk Blvd (Duplex) 59.50 05/19/2023 4520-49300-62015 11527322 11530729-0 Lift Station #11 25.29 05/19/2023 5200-48200-62015 11530729 5825952-4 Equipment Building 265.62 05/19/2023 0101-41950-62015 5825952 5840270-2 Water Treatment Plant 2,617.36 05/19/2023 5100-48100-62015 5840270 5840341-1 Prairie Knoll Park 46.27 05/19/2023 0101-41990-62015 5840341 5841153-9 Fire Station #1 819.54 05/19/2023 0101-41920-62015 5841153 5841451-7 Fire Station #2 899.75 05/19/2023 0101-41920-62015 5841451 5852601-3 Fire Station#3 999.81 05/19/2023 0101-41920-62015 5852601 5864630-8 Pumphouse#4 161.67 05/19/2023 5100-48100-62015 5864630 5883191-8 Sunshine Park 241.47 05/19/2023 0101-41970-62015 5883191 5893307-8 well #1 103.18 05/19/2023 510048100-62015 5893307 59072264 Pumphouse 46 72.15 05/19/2023 510048100-62015 5907226 5927939-8 Pumphouse #7 98.03 05/19/2023 5100-48100-62015 5927939 5945463-7 Well#3 100.18 05/19/2023 510048100-62015 5945463 5950580-0 City Hall/Senior Center 1,023.67 05/19/2023 010141910-62015 5950580 6122874-8 Lift Station #4 17.16 05/19/2023 520048200-62015 6122874 6402167055-5 Lift Station #10 27.95 05/19/2023 520048200-62015 6402167055 6402417246-8 2527 BunkerLkBlvd MAIN(4-plex) 14.50 05/19/2023 452049300-62015 6402417246 6402418666-6 2527 Bunker LkBlvd #4 (4-plex) 13.52 05/19/2023 4520-49300-62015 6402418666 6402474382-1 2556 138th Ave MAIN (4-plex) 193.46 05/19/2023 4520-49300-62015 6402474382 6402630849-0 2542 138th Ave #3 (4-plex) 57.49 05/19/2023 4520-49300-62015 6402630849 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 6402901722-1 2503138th Ave (Duplex) 64.49 05/19/2023 4520-49300-62015 6402901722 6402901726-2 2542 138th Ave #2 (4-plex) 51.48 05/19/2023 4520-49300-62015 6402901726-2 7575198-2 ASN Ballfields 252.28 05/19/2023 0101-41980-62015 7575198 7725077-7 Lift Station #1 16.08 05/19/2023 5200-48200-62015 7725077 8743371-0 Warming House 78.62 05/19/2023 0101-45000-62015 8743371 Check Total: 11,611.77 Vendor: CintasGK Cintas Corp Check Sequence: 11 ACH Enabled: False 4154663723 Floor Mat Rental 46.62 05/19/2023 0101-41910-62200 4155387530 Uniform Cleaning & Shop Towels 160.11 05/19/2023 6100-48800-61020 4155387717 Uniform Cleaning 168.64 05/19/2023 0101-43100-61020 4155387717 Uniform Cleaning 24.10 05/19/2023 0101-43300-61020 4155387717 Uniform Cleaning 96.33 05/19/2023 0101-45000-61020 4155387717 Uniform Cleaning 24.10 05/19/2023 510048100-61020 4155387717 Unifomr Cleaning 48.17 05/19/2023 5200-48200-61020 Check Total: 568.07 Vendor: CintasCo Cintas Corporation Check Sequence: 12 ACH Enabled: False 5157836946 Service First Aid Cabinet 30.40 05/19/2023 2130-44000-61020 Check Total: 30.40 Vendor: CoonRapi City of Coon Rapids Check Sequence: 13 ACH Enabled: False 13976 Plastic Bag Process & Recycle 100.00 05/19/2023 0101-46000-63010 Check Total: 100.00 Vendor: Divisil6 Division 16 Electric, LLC Check Sequence: 14 ACH Enabled: False 7513 Install Truck Dump Bed Up Warning System 7,725.00 05/19/2023 620048900-63105 7518 Wire Flow Switch for FS#1 187.50 05/19/2023 010141920-63105 7519 City Hall 2X4 Fixture Replacement in Bldg. Der 187.50 05/19/2023 0101-41910-63105 7533 Add Pull Box & Extend Fiber Conduit @ PW OI 510.00 05/19/2023 5100-48100-63105 Check Total 8,610.00 Vendor: DustDrai Dusty's Drain Cleaning Inc Check Sequence: 15 ACH Enabled: False 13169 Unplug Floor Drain in Restroom 245.00 05/19/2023 2130-44000-63105 Check Total: 245.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 16 ACH Enabled: False 946223 Monthly Recycling Program 265.00 05/19/2023 0101-46000-63025 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 947062 Kelsey RLP Boardwalk 447.70 05/19/2023 2510-46500-63025 947202 Community Center Pencils 815.07 05/19/2023 2130-44000-61020 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 4 Check Total: 1,527.77 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 17 ACH Enabled: False 126795 Parts to Repair Unit #4821 515.57 05/19/2023 6100-48800-61115 126795 Labor to Repair Unit #4821 119.14 05/19/2023 6100-48800-63135 126796 Parts to Repair Unit #4884 572.80 05/19/2023 6100-48800-61115 126796 Labor to Repair Unit #4884 119.14 05/19/2023 6100-48800-63135 126797 Labor to Repair Tanker 2 119.14 05/19/2023 6100-48800-63135 126797 Parts to Repair Tanker 2 484.69 05/19/2023 610048800-61115 126798 Parts to Repair Engine E-1 508.57 05/192023 610048800-61115 126798 Parts to Repair Engine E-1 119.14 05/192023 6100-48800-63135 126799 Parts to Repair Ladder 1 968.44 05/192023 610048800-61115 126799 Labor to Repair Ladder 1,469.36 05/19/2023 610048800-63135 126800 Labor to Repair Unit #4800 119.14 05/19/2023 6100-48800-63135 126800 Parts to Repair Unit #4800 554.17 05/19/2023 6100-48800-61115 126801 Parts to Repair Tender 3 470.85 05/19/2023 6100-48800-61115 126801 Labors to Repair Tender 3 119.14 05/19/2023 6100-48800-63135 127501 Parts to Repair Unit #4886 408.52 05/19/2023 610048800-61115 127501 Labor to Repair Unit #4886 397.12 05/19/2023 610048800-63135 127522 Labor to Repair Unit #4820 3,653.55 05/19/2023 610048800-63135 127522 Pans to Repair Unit #4820 1,379.30 05/19/2023 6100-48800-61115 Check Total: 12,097.78 Vendor: EnvEquip Environmental Equipment Check Sequence: 18 ACH Enabled: False 22994- Parts for Units #171 & #18-172 139.44 05/19/2023 610048800-61115 Check Total: 139.44 Vendor: GaryCarl Gary Carlson Equipment Check Sequence: 19 ACH Enabled: False 128349-1 Knob, Air Cleaner for Unit #15-62 18.37 05/19/2023 610048800-61115 Check Total 18.37 Vendor: GSDirect GSDirect Inc. Check Sequence: 20 ACH Enabled: False 372492 Ink Cartridges 230.46 05/192023 010145000-61020 372492 Ink Cartridges 230.46 05/192023 0101-43200-61020 372492 Ink Cartridges 230.46 05/192023 010143100-61020 372492 Ink Cartridges 230.46 05/192023 510048100-61210 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 5 Check Total: 921.84 Vendor: HenSchei Henry Schein, Inc. Check Sequence: 21 ACH Enabled: False 37072263 Naloxone lnj Syr No Needle 327.28 05/19/2023 0101-42200-61020 Check Total: 327.28 Vendor: InnovOff Innovative Office Solutions, LLC Check Sequence: 22 ACH Enabled: False IN4194816 Glass Cleaner, Paper Towels, Liners, Soap 2,223.74 05/19/2023 2130-44000-61020 SCN-121050 Return Soft Soap -459.42 05/19/2023 2130-44000-61020 Check Total: 1,764.32 Vendor: ISTATE I -State Truck Center Check Sequence: 23 ACH Enabled: False C242825670:01 Filter for Stock 96.69 05/19/2023 6100-48800-61115 Check Total: 96.69 Vendor: KinectEG Kinect Energy Group Check Sequence: 24 ACH Enabled: False 359282/11171502 Community Center Jan 2023 25,966.38 05/19/2023 2130-44000-62015 359282/11171502 Community Center Mar/April 2023 29,046.24 05/19/2023 2130-44000-62015 359282/11171508 Public Works 715.45 05/19/2023 0101-41930-62015 Check Total: 55,728.07 Vendor: Loes Loe's Oil Company Check Sequence: 25 ACH Enabled: False 91827 Oil Filters Recycling 35.00 05/19/2023 0101-46000-63010 91906 Oil Filters ,& Ant -Freeze Recycling 117.50 05/19/2023 010146000-63010 Check Total: 152.50 Vendor: Menards Menards Inc Check Sequence: 26 ACH Enabled: False 93789 EZ -Straw & Gorilla Tape 31.18 05/19/2023 0101-45000-61020 93920 Mise. Supplies 36.06 05/19/2023 0101-41910-61120 93927 Spring Water 3.48 05/19/2023 0101-42200-61020 94034 Misc. Supplies 46.32 05/19/2023 2130-44300-61020 94069 2X8 Cedar 109.98 05/19/2023 0101-43200-61105 94080 Misc. Supplies 26.26 05/19/2023 0101-43300-61105 94082 Misc. Supplies 26.13 05/19/2023 5100-48100-61005 94089 Mise. Supplies 24.31 05/19/2023 5100-48100-61005 Check Total: 303.72 Vendor: Mickman Mickman Brothers Inc. Check Sequence: 27 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference GC001811 Black Dirt 99.98 05/19/2023 0101-43100-63300 Check Total: 99.98 Vendor: MNLifeln Minnesota Life Insurance Company Check Sequence: 28 ACH Enabled: False 0034706/685721 June 2023 Premium 20.00 05/19/2023 010142200-60330 0034706/685721 June 2023 Premium 46.86 05/19/2023 0101-00000-21205 0034706/685721 June 2023 Premium 259.82 05/19/2023 7100-00000-21218 0034706/685721 June 2023 Premium 1,985.43 05/19/2023 0101-00000-21205 Check Total: 2,312.11 Vendor: MJElectr MJ Electric Check Sequence: 29 ACH Enabled: False 2023-00791 Duplicate Permit 36.00 05/19/2023 0101-42300-52230 Check Total: 36.00 Vendor: MRCutEdg MR Cutting Edge Check Sequence: 30 ACH Enabled: False 5501 Ice Scraper Blade Sharpen 41.00 05/19/2023 2130-44300-61020 Check Total: 41.00 Vendor: NCPERS NCPERS Group Life Ins Check Sequence: 31 ACH Enabled: False 312000062023 June 2023 Premium 160.00 05/19/2023 0101-00000-21205 312000062023 June 2023 Premium 16.00 05/19/2023 7100-00000-21218 Check Total: 176.00 Vendor: ODP Bus ODP Business Solutions, LLC Check Sequence: 32 ACH Enabled: False 310067255001 PW Office Depot Supplies 8.13 05/19/2023 0101-43100-61005 310067255001 PW Office Depot Supplies 5.43 05/19/2023 0101-43200-61005 310067255001 PW Office Depot Supplies 18.98 05/19/2023 0101-45000-61005 310067255001 PW Office Depot Supplies 3.80 05/19/2023 0101-46000-61005 310067255001 PW Office Depot Supplies 13.56 05/19/2023 510048100-61005 310067255001 PW Office Depot Supplies 26.04 05/19/2023 5200-48200-61005 Check Total: 75.94 Vendor: OneNetGI Oneblet Global Check Sequence: 33 ACH Enabled: False 122982 Phone System Upgrade 145.00 05/19/2023 0101-41910-61020 122982 Phone System Upgrade 145.00 05/19/2023 0101-41930-61020 122982 Phone System Upgrade 145.00 05/19/2023 2130-44000-61020 Check Total: 435.00 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 34 ACH Enabled: False 8012597 Pest Control @ Comm Ctr. 76.15 05/19/2023 2130-44000-63010 8018975 Pest Control @ Sunshine 129.92 05/19/2023 0101-41970-63010 Check Total: 206.07 Vendor: Pomps Pomp's Tire Service Inc Check Sequence: 35 ACH Enabled: False 2390000119 Tires for Carlisle Turf Mast 254.67 05/19/2023 6100-48800-61115 2390000119 Labor for Carlisle Turf Mast 45.00 05/19/2023 6100-48800-63135 Check Total: 299.67 Vendor: QualRefr Quality Refrigeration Check Sequence: 36 ACE Enabled: False 1114707 Annual Service Agreement for Sunshine Park 340.00 05/19/2023 010145000-63010 Check Total: 340.00 Vendor: QuenchUS Quench USA, Inc. Check Sequence: 37 ACH Enabled: False INV05758237 Water Cooler Renewal @ City Hall 157.41 05/19/2023 0101-41910-62200 INV05758412 Water Cooler Renewal @FS#1 136.44 05/19/2023 0101-42200-62200 INV05758446 Water Cooler Renewal @ Public Works 293.85 05/19/2023 0101-41930-62200 Check Total: 587.70 Vendor: RCMSpeci RCM Specialties Inc Check Sequence: 38 ACH Enabled: False 8938 Emulsion 901.60 05/19/2023 0101-43100-61125 Check Total: 901.60 Vendor: RESPEC RESPEC Check Sequence: 39 ACH Enabled: False INV -0423-749 On Site Support 20.00 05/19/2023 4140-49300-63005 INV -0423-749 On Site Support 14.00 05/19/2023 2210-41600-63005 INV -0423-749 On Site Support 18.50 05/19/2023 2250-41600-63005 INV -0423-749 On Site Support 20.00 05/19/2023 510048100-63005 INV -0423-749 On Site Support 20.00 05/19/2023 520048200-63005 INV -0423-749 On Site Support 10.00 05/19/2023 530048300-63005 Check Total: 102.50 Vendor: SWLand S.W. Land LLC Check Sequence: 40 ACH Enabled: False Escrow Country Oaks North 2nd Addition 2,500.00 05/192023 7200-00000-24209 Interest Country Oaks North 2nd Addition 5.47 05/19/2023 720041400-56910 Check Total: 2,505.47 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference Vendor: SharrowL Sharrow Lifting Products Check Sequence: 41 ACH Enabled: False 161059 Annual Crane & Hoist Inspection 400.00 05/19/2023 6100-48800-63200 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 8 Check Total: Check Total: 400.00 Vendor: WalterRR Walters Recycling & Refuse Inc Vendor: SuperVis Superior Vision Insurance May 2023 Recycling Center 2,880.95 Check Sequence: 42 ACH Enabled: False 0000734342 June 2023 Premium 146.53 05/19/2023 0101-00000-21222 05/23 Garbage/Recycling @ FS#2 22.55 0000734342 June 2023 Premium 10.93 05/19/2023 7100-00000-21218 05/19/2023 010141920-62020 0006972462 05/23 Garbage/Recycling @ City Hall Check Total: 157.46 0101-41910-62020 0006972554 05/23 Commercial Waste & Recycling 856.69 Vendor: Timesave Timesaver Check Sequence: 43 ACH Enabled: False M28206 City Council Meeting 431.25 05/19/2023 010141100-63005 M28206 Planning Commission Meeting 159.00 05/19/2023 010141500-63005 Check Total: 590.25 Vendor: TopATmc TopATmek Inc Check Sequence: 44 ACH Enabled: False 150786 Misc. Supplies for 2018 Chevy Truck 4,888.00 05/19/2023 4180-49300-61020 Check Total: 4,888.00 Vendor: TotalCon Total Control Systems, Inc Check Sequence: 45 ACH Enabled: False 10662 Well #7 Cmdlepoint 1,781.84 05/19/2023 5100-48100-63100 Check Total: 1,781.84 Vendor: TotMechS Total Mechanical Services, Inc Check Sequence: 46 ACH Enabled: False S6658 Change Side Stream Filter & Check Brine 660.00 05/19/2023 2130-44300-63105 Check Total: 660.00 Vendor: TCPropMt Twin Cities Property Maintenance Inc Check Sequence: 47 ACH Enabled: False 220218 Tree House Removal & Disposal 279.65 05/19/2023 4520-49300-63105 220219 Lawn Service @ Rental Properties 1,995.00 05/19/2023 4520-49300-63105 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 8 Check Total: 2,274.65 Vendor: WalterRR Walters Recycling & Refuse Inc Check Sequence: 48 ACH Enabled: False 0006971623 May 2023 Recycling Center 2,880.95 05/19/2023 010146000-63010 0006972462 05/23 Garbage/Recycling @ FS#1 70.52 05/19/2023 0101-41920-62020 0006972462 05/23 Garbage/Recycling @ FS#2 22.55 05/19/2023 010141920-62020 0006972462 05/23 Garbage/Recycling @ FSO 17.55 05/19/2023 010141920-62020 0006972462 05/23 Garbage/Recycling @ City Hall 99.45 05/192023 0101-41910-62020 0006972554 05/23 Commercial Waste & Recycling 856.69 05/19/2023 213044000-62020 AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 0006972554 05/23 Commercial Waste & Recycling 285.56 05/19/2023 2130-44100-62020 6971382 05/23 Rental Properties Garbage Service 329.95 05/19/2023 4520-49300-62020 Check Total: 4,563.22 Vendor: WestStrE West Star Electric Check Sequence: 49 2022-02115 Refund Permit - Work Not Done 72.00 05/19/2023 0101-42300-52230 Check Total: 72.00 Vendor: Woodfree Woodland Creek Golf Villas Assoc. Check Sequence: 50 2174 Lavin Maint @ Woodland Creek Golf - 01/19 - 1 1,200.00 05/19/2023 010145000-63010 2174 Lawn Maint @ Woodland Creek Golf- 01/19 - 1 600.00 05/19/2023 5100-48100-63010 2174 Lawn Maint @ Woodland Creek Golf- 01/19 - 1 600.00 05/19/2023 5200-48200-63010 Check Total: 2,400.00 Total for Check Run: 134,779.00 Total of Number of Checks: 50 ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/19/2023 - 9:44 AM) Page 9 Accounts Payable Computer Check Proof List by Vendor User: BmndaF Printed: 05/26/2023 - 9:40AM Batch: 00424.05.2023 Invoice No Description Amount Payment Date Acct Number ANbQVER Reference Vendor: AFLAC AFLAC Check Sequence: 1 ACH Enabled: False 004578 May 2023 Premium 441.48 05/26/2023 0101-00000-21209 Check Total: 441.48 Vendor: AmazonBu Amazon Capital Services Check Sequence: 2 ACH Enabled: False 112-1363054 Misc. Supplies -112-1363054-2320220 13.98 05/26/2023 610048800-61020 112-8710742 Misc. Supplies- 112-8710742-4721050 13.58 05/26/2023 6100-48800-61020 Check Total: 27.56 Vendor: AnderEar Earl F. Andersen, Inc. Check Sequence: 3 ACH Enabled: False 0132631 -IN 140-W Signacade Deluxe Sign Stand 206.00 05/26/2023 010143300-61030 Check Total: 206.00 Vendor: AndAthle Andover Athletic Association Check Sequence: 4 ACH Enabled: False 00030688 Refund Key Deposits 600.00 05/26/2023 0101-00000-24201 Check Total: 600.00 Vendor: AspenMil Aspen Mills Check Sequence: 5 ACH Enabled: False 313625 Uniform - J. Lucking 158.70 05/26/2023 0101-42200-61305 313820 Name Tag - J. Knivsland 12.85 05/26/2023 0101-42200-61305 313879 Name Tag - W. Shutte 14.85 05/26/2023 0101-42200-61305 Check Total: 186.40 Vendor: AssurSec Assured Security Check Sequence: 6 ACH Enabled: False P227738 Recycling Center Camera 1,782.11 05/26/2023 0101-46000-63010 Check Total: 1,782.11 Vendor: B=Engi Barr Engineering Company Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AM) Page I Invoice No Description Amount Payment Date Acct Number Reference 23021203.00-6 PW Yard Water Qual Treatment 369.00 05/26/2023 4160-49300-63005 Check Total: 369.00 Vendor: Bolton Bolton & Menk, Inc. Check Sequence: 8 ACH Enabled: False 0312114 Fields Winslow Cove 2nd/Pr Rd 2,282.50 05/26/2023 7200-00000-24203 Check Total: 2,282.50 Vendor: CarrTree Carr's Tree Service Check Sequence: 9 ACH Enabled: False 29622 SC Remove Blvd Ash @ 14821 Eagle St. NW 962.50 05/26/2023 0101-43100-63010 29634 SC Remove Blvd Ash @ 15814 Avocet St. NW 687.50 05/26/2023 010143100-63010 Check Total: 1,650.00 Vendor: CintasGK Cintas Corp Check Sequence: 10 ACH Enabled: False 4156094454 Floor Mat Rental 46.62 05/26/2023 0101-41910-62200 4156094465 Uniform Cleaning 168.64 05/26/2023 0101-43100-61020 4156094465 Uniform Cleaning 24.10 05/26/2023 0101-43300-61020 4156094465 Uniform Cleaning 96.33 05/262023 0101-45000-61020 4156094465 Uniform Cleaning 24.10 05/26/2023 5100-48100-61020 4156094465 Uniform Cleaning 48.17 05/26/2023 5200-48200-61020 4156094472 Uniform Cleaning & Shop Towels 111.64 05/26/2023 6100-48800-61020 Check Total: 519.60 Vendor: CompintT Computer Integration Technologies Inc Check Sequence: l l ACH Enabled: False 350867 San Upgrade - 871.20 05/26/2023 4180-49300-65500 Check Total: 871.20 Vendor: CoreMain Core & Main LP Check Sequence: 12 ACH Enabled: False 5764701 Water Meter 2,306.18 05/26/2023 5100-48100-61036 Check Total: 2,306.18 Vendor: CorvalCo Corval Constructors, Inc Check Sequence: 13 ACH Enabled: False 883165 Rebuild 7 Valves In Ice Rink 691.91 05/26/2023 2130-44300-63105 Check Total: 691.91 Vendor: DavisEqu Davis Equipment Corporation Check Sequence: 14 ACH Enabled: False EI17478 Latch -Hood for Unit 922-596 154.78 05/26/2023 6100-48800-61115 AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/262023 - 9:40 AND Page 3 Check Total: 154.78 Vendor: Dell Dell Computer Corporation Check Sequence: 15 ACH Enabled: False 10673852676 New Computer for Sarah M. 761.06 05/26/2023 0101-41420-61210 Check Total: 761.06 Vendor: ECM ECM Publishers, Inc. Check Sequence: 16 ACH Enabled: False 947342 Andover Advocate - May 145.00 0526/2023 0101-46000-63025 948015 Cups for Fun Fest Parade 2,295.74 05/26/2023 2130-44000-61020 Check Total: 2,440.74 Vendor: EmerAppa Emergency Appamms Maint Check Sequence: 17 ACH Enabled: False 127801 Brake Chamber & Slack Adjuster for Unit #4881 1,008.92 05/26/2023 6100-48800-61115 Check Total: 1,008.92 Vendor: ESRI ESRI Check Sequence: 18 ACH Enabled: False 94485964 ArcGIS Desktop Maintenance 1,000.00 05/26/2023 0101-41600-62305 94485964 ArcGIS Desktop Maintenance 100.00 05/26/2023 2220-41600-62305 94485964 ArcGIS Desktop Maintenance 800.00 0526/2023 2250-41600-62305 94485964 ArcGIS Desktop Maintenance 800.00 05/26/2023 2210-41600-62305 94485964 ArcGIS Desktop Maintenance 2,000.00 05/26/2023 5100-48100-62305 94485964 ArcGIS Desktop Maintenance 2,000.00 05262023 520048200-62305 94485964 ArcGIS Desktop Maintenance 2,000.00 05/262023 530048300-62305 94485964 ArcGIS Desktop Maintenance 500.00 05/262023 010143100-62305 94485964 ArcGIS Desktop Maintenance 500.00 05/26/2023 010145000-62305 94485964 ArcGIS Desktop Maintenance 100.00 05/26/2023 010142200-62305 94485964 ArcGIS Desktop Maintenance 201.19 05/26/2023 0101-41600-62305 Check Total: 10,001.19 Vendor: FriendCh Friendly Chevrolet Inc Check Sequence: 19 ACH Enabled: False 1035646P Spord Trim for Unit #13-91 589.94 05/26/2023 610048800-61115 Check Total: 589.94 Vendor: Grainger Grainger Check Sequence: 20 ACH Enabled: False 9702872459 Line Marking Paint 22.68 05/26/2023 010143300-61020 Check Total: 22.68 Vendor: Hawkins2 Hawkins Inc Check Sequence: 21 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/262023 - 9:40 AND Page 3 Invoice No Description Amount Payment Date Acct Number Reference 6469129 Chemicals for Water Treatment Plant 9,208.92 05/26/2023 5100-48100-61040 Check Total: 9,208.92 Vendor: HumnickJ Jaime & Rachel Humnick Check Sequence: 22 ACH Enabled: False Escrow Humnick Grove 378.13 05/26/2023 7200-00000-24202 Escrow Humnick Grove 215.50 05/26/2023 7200-00000-24216 Interest Humnick Grove 0.45 0526/2023 720041400-56910 Interest Humnick Grove 0.24 05/26/2023 7200-41400-56910 Check Total: 594.32 Vendor: InnovOff Innovative Office Solutions, LLC Check Sequence: 23 ACH Enabled: False IN4197658 Bathroom Cleaner 58.72 05/26/2023 2130-44000-61020 Check Total: 58.72 Vendor: JaytechW Jaytech Water Solutions Check Sequence: 24 ACH Enabled: False 226634 Flow Switch Body W/One Sample Tee 154.32 05/26/2023 2130-44300-63105 226684 Flow Switch Assembly & Tee Cooling Tower Eh 628.10 05/262023 2130-44300-63105 Check Total: 782.42 Vendor: JRAdvanc JR's Advanced Recyclers Check Sequence: 25 ACH Enabled: False 110132 Recycling Appliances, Bulbs & Electronics 4,539.50 05/262023 010146000-63010 110133 Recycling Appliances 180.00 05/262023 0101-46000-63010 Check Total: 4,719.50 Vendor: KmabeBr Brian Kraabel Check Sequence: 26 ACH Enabled: False May 2023 2023 May Medical Reimbursment 164.90 0526/2023 7100-00000-21218 Check Total: 164.90 Vendor: LanoEqui Lano Equipment, Inc. Check Sequence: 27 ACH Enabled: False 02-996577 BPA - Morror HE for Unit #70 60.39 05/26/2023 6100-48800-61115 Check Total: 60.39 Vendor: LepageSo Lepage & Sons Check Sequence: 28 ACH Enabled: False 208094 Trash Removal for Parks Department 759.33 05/262023 0101-45000-62020 208725 Trash Removal for Parks Department 653.68 05/26/2023 0101-45000-62020 Check Total: 1,413.01 AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AND Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MacgEmer Macqueen Emergency Group Check Sequence: 29 ACH Enabled: False CRFP08671 Returned Drain Valves -153.26 05/26/2023 6100-48800-61115 P08864 Parts for Unit #4825 20.75 05/26/2023 6100-48800-61115 P09127 Chamber Spring & Slack Adjuster for Unit #488 1,097.87 05/26/2023 6100-48800-61115 P14416 SCBA Parts 60.00 0526/2023 0101-42200-61020 P15235 Radio Holder & Straps 210.72 05/262023 010142200-61020 P15536 Cairns Leath 188.85 05/262023 0101-42200-61305 P15562 Structural Fire Fighting Boots 1,165.58 05/262023 0101-42200-61305 P15628 Face Cap & Streamlight Sur 109.15 0526/2023 0101-42200-61020 Check Total: 2,699.66 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 30 ACH Enabled: False P50119 Leader Hose for Unit #17-99 624.57 05/26/2023 6100-48800-61115 Check Total: 624.57 Vendor: MadNatlL Madison National Life Ins Co, Inc Check Sequence: 31 ACH Enabled: False 1559622/026986 June 2023 LTD Premium 868.69 05/26/2023 0101-00000-21216 Check Total: 868.69 Vendor: MedComp Med Compass, Inc. Check Sequence: 32 ACH Enabled: False 43360 SCBA User -Medical Exam 200.00 05/26/2023 0101-42200-63010 Check Total: 200.00 Vendor: Medline Medline Industries, Inc. Check Sequence: 33 ACH Enabled: False 2266403937 Thermometer, Infrared 161.36 05/26/2023 010142200-61020 2266838565 Nebulizer, Aeroeelipse II, W/Mouth 143.70 05262023 010142200-61020 2267051080 Syringe 56.23 05/262023 010142200-61020 Check Total: 361.29 Vendor: Menards Menards Inc Check Sequence: 34 ACH Enabled: False 94435 Air Filters 13.98 05/26/2023 0101-41930-61120 94440 Misc. Supplies 19.72 05/26/2023 520048200-61005 94461 Balboa Entry SN 61.94 0526/2023 010141930-61120 94652 Misc. Supplies 19.85 05/26/2023 213044300-61020 94691 Misc. Supplies 100.34 05/26/2023 510048100-61005 Check Total: 215.83 Vendor: MNDOH Minnesota Department of Health Check Sequence: 35 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 991224 2023 - Statewide Hospitality @ Sunshine 40.00 05/26/2023 0101-41975-61320 Check Total: 40.00 Vendor: MNEquipn Minnesota Equipment Check Sequence: 36 ACH Enabled: False P46752 Holder for Unit #23-594 234.33 05/26/2023 6100-48800-61115 P93921 Misc. Parts for Unit #17-58713 2,851.38 05/26/2023 6100-48800-61115 Check Total: 3,085.71 Vendor: MTIDist MTI Distributing Inc Check Sequence: 37 ACH Enabled: False 1386746-00 Plate Cover & Latch Swell for Unit #12-584 169.90 05/26/2023 6100-48800-61115 Check Total: 169.90 Vendor: MunEmerg Municipal Emergency Services, Inc. Check Sequence: 38 ACH Enabled: False IN1878236 Zero Air & 20 PPM CO, Bal Air 110.00 05/26/2023 0101-42200-61020 Check Total: 110.00 Vendor: MYHold MY Holdings, Inc. Check Sequence: 39 ACH Enabled: False 4680 Scrubbing Floors, Carpet Cleaning & Strip/Wax 694.00 05/26/2023 6100-48800-63010 4680 Scrubbing Floors, Carpet Cleaning & Strip/Wax 2,000.00 05/26/2023 0101-41910-63010 4680 Scrubbing Floors, Carpet Cleaning & Strip/Wax 2,000.00 05/26/2023 0101-41920-63010 4680 Scrubbing Floors, Carpet Cleaning & Strip/Wax 2,000.00 05/26/2023 0101-41930-63010 Check Total: 6,694.00 Vendor: NoStSign North Star Signs & Engraving Check Sequence: 40 ACH Enabled: False 25762 Planning Intern Name Plate 37.00 05/26/2023 0101-41500-61005 Check Total: 37.00 Vendor: Optum Optum Financial Inc Check Sequence: 41 ACH Enabled: False 0001433994 2023 1 st Qtr HSA Fees 307.50 05/26/2023 6200-48900-63005 Check Total: 307.50 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 42 ACH Enabled: False 3253-328807 Cooling Additives 103.14 05/26/2023 610048800-61115 3253-330716 Misc. Supplies 36.31 05/26/2023 6100-48800-61020 Check Total: 139.45 Vendor: RUFFRI Ruffridge- Johnson Equipment Company, Inc. Check Sequence: 43 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference IA24960 Gauge Press for Unit #07-191 114.42 05/26/2023 610OA8800-61115 Check Total 114.42 Vendor: S&Sind S & S Industrial Supply Check Sequence: 44 ACH Enabled: False 329983 Lag crew Shield for Speed Bumps 58.82 05/26/2023 0101-43100-61020 Check Total: 58,82 Vendor: Searslul Julie Sears Check Sequence: 45 ACH Enabled: False 2011-02566 Pool Escrow - 16754 Guarani Street NW 1,500.00 05/26/2023 0101-00000-24217 Check Total: 1,500.00 Vendor: SiteOneL SiteOne Landscape Supply Check Sequence: 46 ACH Enabled: False 129879503-001 Lawn Sprinkler Supplies 322.88 0526/2023 0101-45000-61020 Check Total: 322.88 Vendor: SupSolut Supply Solutions LLC Check Sequence: 47 ACH Enabled: False 50204 Paper Towels, Bath Tissue & Foaming Soap 240.37 05/26/2023 0101-41920-61025 50205 Paper Towels & Bath Tissue 204.02 0526/2023 0101-41920-61025 50265 Paper Towels 243.96 05/262023 0101-41910-61025 Check Total: 688.35 Vendor: TotMechS Total Mechanical Services, Inc Check Sequence: 48 ACH Enabled: False 56844 Chiller Hight Level 660.00 05/26/2023 2130-44300-63105 Check Total: 660.00 Vendor: UhlCompa Uhl Company Check Sequence: 49 ACH Enabled: False 52893A Service Ice Arena Dehumidification Unit 527.00 0526/2023 2130-44300-63105 Check Total: 527.00 Vendor: USABlue USA Blue Book Check Sequence: 50 ACH Enabled: False INV0000I109 Fluoride 837.16 0526/2023 5100-48100-61040 INV00002637 Oval Flange Gasket & Meter Gasket 182.55 05/26/2023 5100-48100-61150 Check Total: 1,019.71 Vendor: Verizon Verizon Wireless Check Sequence: 51 ACH Enabled: False 9934770751 Monthly Cell Phone Service 62.51 05262023 010141200-62030 9934770751 Monthly Cell Phone Service 162.24 0526/2023 0101-42300-62030 AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 9934770751 Monthly Cell Phone Service 212.80 05/26/2023 2130-44000-62030 9934770751 Monthly Cell Phone Service 52.51 Annual Sprinkler Inspection 05/26/2023 0101-41500-62030 9934770751 Monthly Cell Phone Service 296.07 05/26/2023 0101-41600-62030 9934770751 Monthly Cell Phone Service 144.99 010141910-63010 05/26/2023 0101-41400-62030 9934770751 Monthly Cell Phone Service 832.00 Annual Sprinkler Inspection 05/26/2023 0101-42200-62030 9934770751 Monthly Cell Phone Service 88.30 05/262023 010141420-62030 9934770751 Monthly Cell Phone Service 565.80 5100-48100-63010 05/26/2023 0101-45000-62030 9934770751 Monthly Cell Phone Service 204.45 Waterflow Switch Redial & Purge ITV @a FS#1 05/26/2023 5200118200-62030 9934770751 Monthly Cell Phone Service 81.12 05/26/2023 0101-43300-62030 9934770751 Monthly Cell Phone Service 376.07 Check Sequence: 53 ACH Enabled: False 05/262023 0101-43100-62030 9934770751 Monthly Cell Phone Service 130.58 Check Total: 0526/2023 6100-48800-62030 9934770751 Monthly Cell Phone Service 310.83 05/26/2023 5100-48100-62030 9934770751 Monthly Cell Phone Service 46.11 5100-48100-63005 05/26/2023 010141910-62030 Check Total: 9,555.00 AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AND Page 8 Check Total: 3,566.38 Vendor: VikAutoS Viking Automatic Sprinkler Co. Check Sequence: 52 ACH Enabled: False 1025-F279431 Annual Sprinkler Inspection 382.50 05/26/2023 0101-41980-63010 1025-F279431 Annual Sprinkler Inspection 382.50 05/26/2023 010141920-63010 1025-F279431 Annual Sprinkler Inspection 382.50 0526/2023 010141910-63010 1025-F279431 Annual Sprinkler Inspection 382.50 0526/2023 010141930-63010 1025-F279431 Annual Sprinkler Inspection 382.50 05/26/2023 610048800-63010 1025-F279431 Annual Sprinkler Inspection 382.50 05/26/2023 010141950-63010 1025-17279431 Annual Sprinkler Inspection 382.50 05/26/2023 5100-48100-63010 1025-F279431 Annual Sprinkler Inspection 382.50 05/26/2023 2130-44000-63010 1025-F279557 Waterflow Switch Redial & Purge ITV @a FS#1 795.00 05/26/2023 0101-41930-63010 Check Total: 3,855.00 Vendor: WatnLite Warning Lites of MN Check Sequence: 53 ACH Enabled: False 23-01991 Traffic Rentals for Water Main Break 556.50 05/26/2023 510048100-63010 Check Total: 556.50 Vendor: WSB WSB & Associates, Inc. Check Sequence: 54 ACH Enabled: False R-020924-000-10 Biological Water Treatment Study 5,672.50 05/262023 5100-48100-63005 R-021090-000-7 Lift Station #1 - Piping & Valve Vault 3,882.50 05/26/2023 4120-49300-63005 Check Total: 9,555.00 AP -Computer Check Proof List by Vendor (05/26/2023 - 9:40 AND Page 8 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: Total of Number of Checks: 81,893.09 54 AP -Computer Check Proof List by Vendor (05/2(/2023 - 9:40 AM) Page 9 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 05/31/2023- 9:41AM Batch: 00431.05.2023 Invoice No Description Amount Payment Date Acct Number Vendor: AnkCo03 Anoka Co Cbeck Sequence: 1 2023 Local Government Officials Meeting 37.50 05/31/2023 0101-41100-61310 Check Total: 37.50 Vendor: CorCoatB Corieocity Coatings & A -Blast Sandblasting Check Sequence: 2 631 Hockey Goals Blasted & Powder Coated 550.00 05/31/2023 2130-44300-63105 Check Total: 550.00 Total for Check Run: 587.50 Total of Number of Checks: 2 ACITY O P ND(3VER Reference ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/31/2023 - 9:41 AM) Page 1 Accounts Payable Amazon Capital Services Computer Check Proof List by Vendor Check Sequence: 1 C I T User: BrendaF IH1V-N9KM-FFHT Sealed Lead Acid Battery 06101/ 23 - 2:18PM Printed: 06/01/200 06/02/2023 0101-45000-61020 Batch: 00402.06.2023 1VDT-G9KD-DWWC Invoice No Description Amount Payment Date Acct Number Reference Vendor: AmazonBu Amazon Capital Services Check Sequence: 1 ACH Enabled: False IH1V-N9KM-FFHT Sealed Lead Acid Battery 49.08 06/02/2023 0101-45000-61020 1VDT-G9KD-DWWC 2 New Horseshoe Turf Trac for Ridding Mower 456.06 06/02/2023 610048800-61115 Check Total: 505.14 Vendor: AnderFar Earl F. Andersen, Inc. Check Sequence: 2 ACH Enabled: False 0132671 -IN Sign Post Stabilizers 307.50 06/02/2023 0101-43300-61030 Check Total: 307.50 Vendor: Unionfler Anoka County Union Herald Check Sequence: 3 ACH Enabled: False ACU -190201 2023 Subscription Renewal 66.35 06/02/2023 0101-41200-61325 Check Total: 66.35 Vendor: ApexFac Apex Facility Solutions, LLC. Check Sequence: 4 ACH Enabled: False 1430001-3 Replace Dehum Unit (Ice Arena) 3,060.51 06/02/2023 251046500-63010 Check Total: 3,060.51 Vendor: AspemAil Aspen Mills Check Sequence: 5 ACH Enabled: False 314357 Custom Badges for Fire Department 782.00 06/02/2023 010142200-61305 Check Total: 782.00 Vendor: Assutsec Assured Security Check Sequence: 6 ACH Enabled: False 228145 Install New Locks on Restroom Doors 587.00 06/02/2023 010141930-63105 Check Total: 587.00 Vendor: Cap -Frac Capital One Trade Credit - Fmttallone's Check Sequence: 7 ACH Enabled: False B23933 Fasteners, Spray Paint, Brass Strip 16.58 06/02/2023 010142200-61005 825236 Fasteners 1.60 06/02/2023 010142200-61020 AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference B26112 Socket Deep & Adapter Socket 18.98 06/02/2023 010143300-61105 B32283 Nozzle Sprayer Head & Screwdrivers 33.27 06/02/2023 0101-42200-61005 B35835 Coupling Insert Poly 5.16 06/02/2023 510048100-61130 B35893 Fasteners & 6 Safety Hasp 16.33 06/02/2023 520048200-61005 B35896 Key Blank Schlage 5.98 06/02/2023 510048100-61005 Check Total: 97.90 Vendor: Carefree Carr's Tree Service Check Sequence: 8 ACH Enabled: False 29638 SC Remove Blvd Ash Tree @ 13762 Partridge Stree 412.50 06/02/2023 010143100-63010 Check Total: 412.50 Vendor: CedMFrid Cedar Management, Inc Check Sequence: 9 ACH Enabled: False 5/23/23 Mgmt May 2023 Management Fees 200.00 06/02/2023 452049300-63010 Check Total: 200.00 Vendor: CimasGK Cintas Corp Check Sequence: 10 ACH Enabled: False 4156812727 Uniform Cleaning & Shop Towels 160.11 06/02/2023 610048800-61020 4156812893 Uniform Cleaning 168.64 06/02/2023 010143100-61020 4156812893 Uniform Cleaning 24.10 06/02/2023 010143300-61020 4156812893 Uniform Cleaning 96.33 06/02/2023 010145000-61020 4156812893 Uniform Cleaning 24.10 06/02/2023 510048100-61020 4156812893 Uniform Cleaning 48.17 06/02/2023 5200-48200-61020 Check Total: 521.45 Vendor: Comcast5 Comcast Check Sequence: 11 ACH Enabled: False 8772 10 789 0001086 Fire Station #2 44.79 06/02/2023 010141920-62030 763421-9426 8772 10 789 0001086 Fire Station #3 71.07 06/02/2023 010141920-62030 763434-6173 8772 10 789 0001086 Public Works 19.47 06/02/2023 010141930-62030 763-755-8118 8772 10 789 0001086 Public Works 77.88 06/02/2023 510048100-62030 763-755-8118 8772 10 789 0001086 Water Treatment Plant 123.63 06/02/2023 510048100-62030 763-862-8874 8772 10 789 0001086 Community Center 198.96 06/02/2023 2130-44000-62030 763-755-2129 8772 10 789 0001086 Sunshine Park 44.79 06/02/2023 010141970-62030 763-755-9189 8772 10 789 0001086 City Hall 147.49 06/02/2023 010141910-62030 763-755-5100 8772 10 789 0001086 Andover Station N Ballfields 44.79 06/02/2023 010141980-62030 763-767-2547 8772 10 789 0001086 Public Works - Internet 189.90 06/02/2023 010141930-62030 8772 10 789 0001086 City Hall - Internet 189.90 06/02/2023 010141910-62030 Check Total: 1,152.67 Vendor: ECM ECM Publishers, Inc. Check Sequence: 12 ACH Enabled: False AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 948014 Fun Fest Items 994.00 06/02/2023 0101-49100-63905 Check Total: 994.00 Vendor: EganSery Egan Service Check Sequence: 13 ACH Enabled: False MNT0000022547 Andover Blvd & Crosstown RR Maint 568.67 06/02/2023 0101-43400-62300 Check Total: 568.67 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 14 ACH Enabled: False 127547 Parts to Repair Unit #4884 1,757.90 06/02/2023 610048800-61115 127547 Labor to Repair Unit #4884 3,097.58 06/02/2023 610048800-63135 127811 Labor to Repair Unit #4820 1,111.95 06/02/2023 610048800-63135 127811 Labor to Repair Unit #4820 571.02 06/02/2023 610048800-61115 127927 Parts to Repair Unit #4884 246.53 06/02/2023 610048800-61115 127927 Labor to Repair Unit #4884 436.84 06/02/2023 610048800-63135 127996 Parts to Repair Unit #4886 86.04 06/02/2023 6100-48800-61115 127996 Labor to Repair Unit #4886 238.28 06/02/2023 610048800-63135 Check Total: 7,546.14 Vendor: FletPrid FleetPride Truck & Trailer Parts Check Sequence: 15 ACH Enabled: False 106873518 Parts for Unit #206 4,877.49 06/02/2023 610048800-61115 106916321 Core Return for Unit #4881 -2,000.00 06/02/2023 6100-48800-61115 107892741 Parts for Unit #4881 1,723.72 06/02/2023 610048800-61115 Check Total: 4,601.21 Vendor: Grainger Grainger Check Sequence: 16 ACH Enabled: False 9702701823 Misc. Supplies 143.52 06/02/2023 2130-44300-61020 9702872467 Exhaust Port Flow Control 86.22 06/02/2023 5100-48100-61120 Check Total: 229.74 Vendor: LegShiel Legal Shield Check Sequence: 17 ACH Enabled: False 31833 June 2023 Premium 50.85 06/02/2023 0101-00000-21219 Check Total: 50.85 Vendor: LiberCon Liberte Construction LLC Check Sequence: 18 ACH Enabled: False 2022-02064 Refund Permit - Work Not Done 72.00 06/02/2023 010142300-52185 2022-02065 Refund Permit - Work Not Done 72.00 06/02/2023 010142300-52185 Check Total: 144.00 AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Menards Menards Inc Check Sequence: 19 ACH Enabled: False 94724 Safety/Snow Fence & Studded T -Post 220.78 06/02/2023 0101-45000-61020 95028 Mise. Supplies 67.38 06/02/2023 2130-44300-61020 95253 Misc. Supplies 399.97 06/02/2023 0101-43100-61020 95487 Glacier Water & Gat Powder 146.44 06/02/2023 0101-42200-61020 Check Total: 834.57 Vendor: MNDOH Minnesota Department of Health Check Sequence: 20 ACH Enabled: False 2023 Waterworks Operator Exam - Chad Hmkman 23.00 06/02/2023 510048100-61320 Check Total: 23.00 Vendor: ODP Bus ODP Business Solutions, LLC Check Sequence: 21 ACH Enabled: False 313276696001 Name Badges 34.07 06/02/2023 0101-41300-61005 314321543001 Office Supplies 141.04 06/02/2023 010142200-61005 314324818001 Office Supplies 26.07 06/02/2023 0101-42200-61005 314324820001 Office Supplies 50.42 06/02/2023 0101-42200-61005 314726048001 Office Supplies 61.88 06/02/2023 0101-42200-61005 Check Total:. 313.48 Vendor: PreCise PreCise MRM LLC Check Sequence: 22 ACH Enabled: False 200-1042813 5MB Flat Data Plan US with NAF 84.00 06/02/2023 0101-43100-61320 200-1042813 5MB Flat Data Plan US with NAF 252.00 06/02/2023 0101-43200-61320 200-1042813 5MB Flat Data Plan US with NAF 112.00 06/02/2023 5100-48100-61320 200-1042813 5MB Flat Data Plan US with NAF 112.00 06/02/2023 5200-48200-61320 Check Total: 560.00 Vendor: RCMSpeci RCM Specialties Inc Check Sequence: 23 ACH Enabled: False 9003 Emulsion 1,107.68 06/02/2023 0101-43100-61125 Check Total: 1,107.68 Vendor: RichCarp Richards Carpet & Flooring Check Sequence: 24 ACH Enabled: False 999 New Walk Off Carpet Tiles 2,297.50 06/02/2023 2130-44000-63105 999 New Walk Off Carpet Tiles 2,795.00 06/02/2023 2130-44400-63105 Check Total: 5,092.50 Vendor: SioVslEn Sioux Valley Environmental Inc Check Sequence: 25 ACH Enabled: False 11708 Roller Assy A3 TH/NRL 295.00 06/02/2023 5100-48100-61135 AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 295.00 Vendor: SiteOneL SiteOne Landscape Supply Check Sequence: 26 ACH Enabled: False 130491749-001 Liquid Herbicide 101.01 06/02/2023 0101-43100-61020 Check Total: 101.01 Vendor: SnapOn Snap-On Industrial Check Sequence: 27 ACH Enabled: False ARV / 57490779 Tools 260.74 06/02/2023 6100-48800-61205 Check Total: 260.74 Vendor: StarTri2 Star Tribune Check Sequence: 28 ACH Enabled: False 10962115 IPad Subscription 06111/2023 - 07/09/2023 27.78 06/02/2023 010141200-61320 Check Total: 27.78 Vendor: SWDevelo SW Development, LLC Check Sequence: 29 ACH Enabled: False Escrow Country Oaks North 3rd Addition 2,500.00 06/02/2023 7200-00000-24209 Interest Country Oaks North 3rd Addition 5.40 06/02/2023 720041400-56910 Check Total: 2,505.40 Vendor: UhlCompa Uhl Company Check Sequence: 30 ACH Enabled: False 53309A Replace Failing Fan Cycling Switch 401.35 06/02/2023 510048100-63105 Check Total: 401.35 Vendor: WellsFar Wells Fargo Bank Check Sequence: 31 ACH Enabled: False Fire Lodging -200.00 06/02/2023 010142200-61310 Mayors' Breakfast Tables 861.04 06/02/2023 0101-41100-61310 Software Licensing for Laptop 69.72 06/02/2023 010141200-61320 Granite Plaques 183.75 06/02/2023 4180-00000-24201 1" 90 FxF Steel 4000 PSI 137.48 06/02/2023 010141920-61120 Meals for Meetings 117.61 06/02/2023 010142200-61310 Flights for Conference 1,578.40 06/02/2023 010142200-61310 Fuel 25.85 06/02/2023 510048100-61005 Food for Meeting 190.81 06/02/2023 010142200-61310 Misc. Supplies 50797 06/02/2023 010142200-61020 Training Supplies 32.12 06/02/2023 010142200-61015 Smartdmw Software 119.40 06/02/2023 010142200-61220 Misc. Supplies 216.73 06/02/2023 2130-44300-61020 Misc. Supplies 862.83 06/02/2023 2130-44200-61020 AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Misc. Supplies 224.63 06/02/2023 2130-44000-61020 Call -Em -All Subscription 39.00 06/02/2023 0101-43200-61325 Pop 84.52 06/02/2023 7100-00000-24208 Membership Dues 239.90 06/02/2023 0101-41420-61320 Postage 32.24 06/02/2023 0101-41420-61405 Apple IPad 970.52 06/02/2023 010141600-61210 All Staff Meeting 102.54 06/02/2023 0101-41200-61310 Vending Machine 40.56 06/02/2023 7100-00000-24208 Supplies for Old Lunchroom 347.04 06/02/2023 010141910-61120 2023 Membership Dues - Society for Human Re: 244.00 06/02/2023 010141230-61320 Tools 181.00 06/02/2023 610048800-61205 Meals for Ice Install 48.15 06/02/2023 2130-44300-61310 WHENIWORK License 70.00 06/02/2023 213044000-61320 Park & Rec Bus Tour 507.00 06/02/2023 010145000-63005 Tools 625.91 06/02/2023 010141600-61205 161st Ave& Tulip Street Reconstruction 408.60 06/02/2023 4140-49300-63010 Registration for Conference 150.00 06/02/2023 010141600-61315 Office Supplies 27.84 06/022023 010141600-61005 Campus Clean-up 164.87 06/02/2023 010149100-61005 Check Total: 9,212.03 Total for Check Run: 42,562.17 Total of Number of Checks: 31 AP -Computer Check Proof List by Vendor (06/01/2023 - 2:18 PM]) Page 6 Accounts Payable Computer Check Proof List by Vendor WNL66if9R User: BrendaF Printed: 06/01/2023 - 3:23PM Batch: 00406.06.2023 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Akerpoor AKER Doors, Inc. Check Sequence: 1 ACE Enabled: False 48305 Replace South Garage Door 11,900.00 06/06/2023 010141930-63105 48314 Replace North Garage Door - Ins. Claim Truck E 13,396.00 06/06/2023 0101-41930-63105 Check Total: 25,296.00 Vendor: CompMine Compass Minerals America Check Sequence: 2 ACH Enabled: False 1177816 Bulk Salt 12,384.92 06/06/2023 0101-43200-61125 Check Total: 12,384.92 Vendor: CoreMain Core & Main LP Check Sequence: 3 ACH Enabled: False 5400403 Meters 10,640.93 06/062023 5100-48100-61035 Check Total: 10,640.93 Vendor: FabconPr Fabcon Precast, LLC Check Sequence: 4 ACH Enabled: False 43637 Insurance Claim - Track Box Up - Panel Repair' 45,086.00 06/06/2023 0101-41930-63105 Check Total: 45,086.00 Vendor: InfoSens InfoSense, Inc. Check Sequence: 5 ACH Enabled: False 4148 Sewer Line Assessment Tool 28,610.00 06/06/2023 5200-48200-65600 Check Total: 28,610.00 Vendor: MNDOH Minnesota Department of Health Check Sequence: 6 ACH Enabled: False 1020034 2023 2nd on Connection Fee 17,046.00 06/06/2023 510048100-63050 Check Total: 17,046.00 Vendor: MNPlaygr Minnesota Playground, Inc. Check Sequence: 7 ACH Enabled: False 2023159 Lunds Park Playground Structure 33,655.40 06/06/2023 4150-49300-65300 2023163 Hidden Creek East Park Playground 50,015.92 06/06/2023 0101-45000-65300 AP -Computer Check Proof List by Vendor (06/01/2023 - 3:23 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 2023164 Play Ground Equipment 52,032.74 06/06/2023 0101-45000-65300 2023164 Play Ground Equipment 14,048.00 06/06/2023 4150-49300-65300 Check Total: 149,752.06 Vendor: NoValley North Valley, Inc. Check Sequence: 8 ACH Enabled: False 1512 Patch Watennain Break 11,751.92 06/06/2023 5100-48100-63010 1513 Removal/Shape for Paving 5,298.65 06/06/2023 5100-48100-63010 1514 Paving 14,142.80 06/06/2023 510048100-63010 Check Total: 31,193.37 Vendor: NoValley North Valley, Inc. Check Sequence: 9 ACH Enabled: False Payment #1 2023 Full Depth Reclamation 561,606.52 06/06/2023 4140-49300-63010 Check Total: 561,606.52 Vendor: VikAutc S Viking Automatic Sprinkler Co. Check Sequence: 10 ACH Enabled: False 1025-17279609 FS #1 Backflow Valve 10,045.00 06/06/2023 416049300-63105 Check Total: 10,045.00 Total for Check Run: Total of Number of Checks: 891,660.80 10 AP -Computer Check Proof List by Vendor (06/01/2023 - 3:23 PM) Page 2 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City FROM: David Berkowitz, Director of Publi'C-Wokcs/City Engineer 0 SUBJECT: Award Bid/22-40/Kelsey Round Lake Park Boardwalk Replacement - Engineering DATE: June 6, 2023 INTRODUCTION The City Council is requested to accept bids and award the contract for Project 22-40, Kelsey Round Lake Park Boardwalk Replacement. DISCUSSION Identified in the 2023-2027 Capital Improvement Plan (CIP) for replacement in 2023 is the boardwalk at Kelsey Round Lake Park. This boardwalk has been a maintenance challenge ever since the original construction in 1995 as the panels need adjustment in the spring of each year due to frost heaves and poor soil conditions. By constructing a boardwalk as proposed with helical piers the adjustments will no longer be needed as the structure will move minimally and the boardwalk will be structurally designed to handle maintenance equipment. A Minnesota Department of Natural Resources matching grant has been awarded to the City to help fund the project, which will need to be completed by the spring of 2024. Bid opening was held on May 24, 2023 and the top three bid results are as follows: BUDGETIMPACT The CIP identifies a budget of $230,875 in which $125,000 was to be funded by American Rescue Plan Act funds and a maximum of $105,875 from the Minnesota Department of Natural Resources grant. Due to the fast rise in construction costs the low bid came in at $265,285 then with permits and other additional cost have a total project cost of approximately $270,000. The additional $39,125 would also be funded from the American Rescue Plan Act funds (total from ARPA $164,125). Pember CIP Budget Peterson Rosti Companies, Project Companies Construction Inc. Kelsey Round Lake Park $230,875.00 $265,285.00 $278,575.00 $293,100.00 Boardwalk Re lacement 22-40 TOTAL 1 $230,875.00 $265,285.00 $278,575.00 $293,100.00 BUDGETIMPACT The CIP identifies a budget of $230,875 in which $125,000 was to be funded by American Rescue Plan Act funds and a maximum of $105,875 from the Minnesota Department of Natural Resources grant. Due to the fast rise in construction costs the low bid came in at $265,285 then with permits and other additional cost have a total project cost of approximately $270,000. The additional $39,125 would also be funded from the American Rescue Plan Act funds (total from ARPA $164,125). Mayor and Council Members June 6, 2023 Page 2 of 2 ACTION REQUIRED The City Council is requested to accept bids and award the contract to Peterson Companies in the amount of $265,285.00 for Project 22-40, Kelsey Round Lake Park Boardwalk Replacement. Respectfully submitted, David D. Berkowitz, P.E. Attachments: Resolution, Location Map & Bid Tabulation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 22-40, KELSEY ROUND LAKE PARK BOARDWALK REPLACEMENT. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-23 dated May 2, 2023, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Peterson Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Peterson Companies in the amount of $265,285.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 6th day of June, 2023 , with Council members of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner — Deputy City Clerk voting in favor voting Pember CIP Budget Peterson Rosti Companies, Project Companies Construction Inc. Kelsey Round Lake Park $230,875.00 $265,285.00 $278,575.00 $293,100.00 Boardwalk Replacement 22-40 TOTAL 1 $230,875.00 $265,285.00 $278,575.00 $293,100.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Peterson Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Peterson Companies in the amount of $265,285.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 6th day of June, 2023 , with Council members of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner — Deputy City Clerk voting in favor voting i CAPITAL IMPROVEMENT PLAN PROJECT NAME: TRAIL RECONSTRUCTION LOCATION KELSEY ROUND LAKE PARK BOARDWALK N (2023) �'4 '..off. ,: �- • �'' ter, �JFV Ow Frie � o Y. .. 11 01 112ND1N i 1` R I • • r 4 Anoka County GIS, ES IMry Geospaoal Commons, Ci 1G" 0 185 370 Feel I I I C3 Project Location 1N5 TaV k InIaWL fa�efuma Parcel Boundary city Limits uwo'm.ary eras o m�e wu oven. IDOVER Incorporated 1974 Andover GIS Kelsey Round lake Park Boardwalk Replacement (City Project 2240) (#8506557) Owner: Andover MN, City of Solicitor: Andover MN, City of 05/24/202310:00 AM CDT Engineer Estimate Peterson Companies I Rost! Construction Pember Com anies, Inc. Mever on ra mg nc. MN Boardwalks, LLC Une Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension in Price Extension Unit Price Extension Unit Price Extension 1 Remove Existing Boardwalk &Appurtenances LS 1 $30,000.00 $30,000.00 $53,665.00 $53,665.00 $23,575.00 $23,575.00 $26,100.00 $26,100.00 $21,887.34 $21,887.34 $48,000.00 $48,000.00 2 Construct 8' Boardwalk&A Appurtenances LS 1 $200,000.00 $200,000.00 $211,620.00 $211,620.00 $255,000.00 $255,000.00 $267,000.00 $267,000.00 $333,548.10 $333,548.10 $550,000.00 $550,000.00 3 Helical Pile Depth - Additional LF $35.00 $0.00 $35.00 $0.00 $55.00 $0.00 $44.00 $0.00 $206.61 $0.00 $35.00 $0.00 4 Helical Pile Depth - Reduction LF ($15.00) $0.00 (519.50) $0.00 1 ($35.00) $0.00 ($12.50) $0.00 ($8.25) $0.00 ($35.00) $0.00 Base Bid Total: $230,000.00 $265,285.00 $278,575.00 $293,100.00 $355,435.44 $598,000.00 I 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrat FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessments & Reduced Sanitary Sewer Rates DATE: June 6, 2023 INTRODUCTION The City offers deferral of assessments and reduced sanitary sewer rates for senior citizens and disabled individuals. DISCUSSION The annual income is $41,100 for senior citizens and $62,600 for disabled individuals set in 2022 and should be increased according to the Federal Rent Assistance for Section 8 Housing. The 2023 income limits are now $43,500 for senior citizens and $66,300 for disabled individuals. ACTION REQUIRED The City Council is requested to adopt the attached resolution setting the annual income at $43,500 for senior citizen and $66,300 for disabled individuals for deferral of special assessments and reduced sanitary sewer rates. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. ROXX-23 A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates $43,500 (Not to Exceed) Annual Income Level for Disabled Individuals of Special Assessments and Reduced Sanitary Sewer Rates $66,300 (Not to Exceed) Adopted by the City Council of the City of Andover this 6a' day of June, 2023. CITY OF ANDOVER Attest: Sheri Bukkila — Mayor Michelle Harmer — Deputy City Clerk I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrato FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Refuse/Recycler Hauler License DATE: June 6, 2023 Refuse/recycle hauler licenses expired on May 31, 2023. The following licensed hauler in the City have applied for renewal of their licenses. Waste Management of MN ACTION REQUIRED The City Council is requested to approve residential and commercial licenses for the hauler listed above, contingent upon payment of appropriate fees and their trucks passing inspections performed by our mechanics. The license period will be from June 7, 2023 through May 31, 2024. (Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Application AN16W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business 2. Address of Business: 3. Business Phone Numberg5g.;9%-I1a6 E-mail Address 4. Owner of the collection service: Name (Please print) Phone Number 'Street Address City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling GarbageJFJ Y—l2 t ✓,mK LF .3.1jn ,1 t i e k) t g pl-ve-r- WM n1"arQ✓aT$ 10(,33 8 Ave"!l JYkr1e Grow -e. Tires Used Oil x Appliances (, ni "n J e _ C rn✓c- 'i 106 23 911*" iQv.2 rl J'►JVk C-7ro✓.e M✓1 55.3[6] Name & Location of Disposal/Processing/Recycling x Corrugated WM w%vt Ci -hp,; M1✓ I$ bo Fjy-. Ji.L a s S'HIE 1�1PI9 Edible Food Waste i� Scrap Metal\.lMTw,v% GAips Mff IRoo $raafu)a)4 S-1�1E in 13 Yard Waste X Demolition/Construction Debris k2M Vy gj o diva✓ T S I nW g3 S'Tr,1 j& y) Vrlh Paper/Paper Products WIryt Ty3t-It 206 BvoaraSt 1)G' V$ PIS Y Plastics ii " xNewspaper _ Ashes Tree Debris I) X Office Paper _ (.U1Y1-Tjo,h CkkUr, ME 151o0 L= �11? mpl S J� Glass " " Other - specify 10. License(s) Requested: Residential ($150) )� Commercial ($150) 11. Number of trucks proposed to be licensed -9 ($25 per truck) Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to comply at(a�I times w' the provisions of said ordinance. ._..t \Signature License Fees: Residential License $150.00 License/Receipt # ,,� pa 3 -OO 1 Si - Commercial License $150.00 Insurance Expiration Date: Per Truck Fee* $25.00 * $50.00 re -inspection fee per truck if 1 u inspection fails. Council Action: Approved Denied Date 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 FROM: Lee Brezinka, Finance Manager SUBJECT: Approve Lease Agreement with the Anoka -Hennepin School District / 2023 Andover Family Fun Fest DATE: June 6, 2023 INTRODUCTION To accommodate the activities of the 2023 Andover Family Fun Fest, space is needed on the Andover Elementary School and Andover High School grounds. DISCUSSION The attached is the lease agreement with the Anoka -Hennepin School District and is identical to the agreement used for the 2022 Andover Family Fun Fest with the exception to the date changes. BUDGETIMPACT None. ACTION REQUIRED The Andover City Council is requested to approve the attached lease agreement. Respectfully submitted, Lee Brezinka Attachments: - Lease Agreement AGREEMENT THIS AGREEMENT, made this 6th day of June, 2023, by and between Anoka - Hennepin Independent School District No. 11 ("District") and the City of Andover ("City"). District hereby demises and leases the premises in City, and City hereby leases and accepts the premises from District to have and to hold during the term, subject to the terms and conditions of this Agreement. "Premises" is hereby defined as the grounds, but not the building, of Andover Elementary School located at 14950 Hanson Blvd. NW, Andover, MN 55304 and the parking lot at Andover High School located at 2115 Andover Blvd. NW, Andover, MN 55304. City has inspected the Premises and accepts the same in "As Is" condition. The Premises shall be used and occupied only for the purposes of activities sponsored by City at the City of Andover Family Fun Fest, July 7th and 8th, 2023. It is understood and agreed that City shall have the use of the Premises from July 5th through July 11th, 2023 for "set-up" and "take-down" purposes. The use of the Premises shall be rent free. City agrees to reimburse District for any direct costs that District may incur by reason of City's use of said Premises. During the term, the City shall maintain at its own expense liability insurance, with District named as an additional insured, against claims for death, personal injury, and property damage in an amount of $1,500,000 each occurrence. Said policy shall also insure any property damage to the school building located on the premises caused by the City or its contractors. Policies for the aforesaid insurance shall be in a form with an insurer acceptable to District and shall waive any rights of subrogation against District. City shall, prior to July 5th, 2023, deliver to District copies or other evidence of such insurance satisfactory to District that all premiums thereon have been paid and the policies are in full force and effect. It is agreed that no alcoholic beverage shall be served on the Premises. General (a) A representative of District will meet with City and provide site and irrigation plans to help identify acres of use, layout of walks and traffic patterns with intentions to minimize potential damage to the site. (b) Prior to the dates of the Fun Fest set up, District will adjust irrigation schedules and amounts of water to prepare the turf. (c) District will locate and mark all irrigation heads and valve boxes a week prior to set up. (d) City will install protective covers over all irrigation heads within the use area the morning of set up and clearly identify all valve boxes. (e) District will turn off all irrigation to the areas used for Fun Fest during the duration of set up through the completion of clean up and take down. (f) City will, by noon, Tuesday, July 11th, clean up and remove all debris, litter and trash from District property that was produced as a result of Fun Fest as well as the removal of all temporary fencing, protective covers over irrigation heads and anything else used during Fun Fest. (g) City will remove and replace soils in areas of petroleum or other contamination that cause damage considered extensive or permanent. (h) Not knowing what weather conditions will occur during Fun Fest and/or the amount of wear damage and compaction from foot and vehicular traffic, City will provide various cultural activities such as aeration, rolling and/or slit seeding as needed to aid in the restoration of the turf. City and District representatives will assess specific restoration needs, timing, materials and procedures the week of July 17th. (i) Repairs needed to the irrigation system as a result of Fun Fest will be the responsibility and at the expense of City. (j) Any damage or destruction to plant materials, structures and/or other site amenities will be repaired or replaced by City. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above first written. ANOKA-HENNEPIN INDEPENDENT CITY OF ANDOVER SCHOOL DISTRICT NO. 11 By By Its Its By By Its Its Y `0 F OV. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councihnembers CC: James Dickinson, City Administrato FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Appointment —Maintenance Worker DATE: June 6, 2023 d Due to the retirement of Wayne Goodrich on July 51, 2023, a Maintenance Worker in the Utilities Department was available. The Human Resources Department has completed the interview, background check, and selection process to fill this position. The interview team consisted of the Director of Public Works/Engineering, The Public Utilities Manager, and the Parks & Streets Operations Manager. There were 6 applications submitted and 3 applicants were interviewed. The finalists then met one on one with the City Administrator. The interview team recommends hiring Justin Overby. Mr. Overby currently works for the City of Oak Grove as a maintenance worker. He has previous plowing experience and City maintenance experience. BUDGET IMPACT Mr. Overby has been offered $53,788.80 annually, which is the 2023 Entry Level Step, and then would be eligible for any general increases and annual Step Increases after successful completion of his 6 -month probationary period. ACTION REQUESTED The Council is requested to appoint Justin Overby as a Maintenance Worker in the Utilities Department. Respectfully submitted, Dana Makinen 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: James Dickinson, City Administrat FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Juneteenth Holiday DATE: June 6, 2023 The State of Minnesota has recognized Juneteenth, June 19, as a state holiday amending Minnesota Statutes 2022, sections 10.55; 645.44, subdivision 5. The City Council will need to recognize Juneteenth as a paid holiday and close Andover City Hall. DISCUSSION During the 2023 legislative session, the State Legislature added a new holiday, Juneteenth, June 19. The law was originally supposed to go into effect on August 1, 2023 but a provision to amend the effective date of the new law was adopted and was signed by the Governor. No public business can be transacted on any holiday, except in case of necessity, including the new Juneteenth holiday which will be celebrated this year on Monday, June 19th, 2023 (see attached publication). Technically this additional holiday will need to be negotiated with Teamsters Local Union 320, but the City Council can authorize a one-time recognition of the holiday for both union and non-union staff. BUDGET IMPACT The approximate cost of adding Juneteenth will be $23,000 in holiday pay to permanent staff, which will be absorbed by the departmental budgets. ACTION REQUESTED The Council is requested to approve Juneteenth, June 19, as a new holiday and authorize holiday pay for all permanent staff. Respectfully submitted, Dana Makinen Office of the Revisor of Slat Office of the Revisor of Statutes Minnesota Session Laws - 2023, Regular Session Authenticate This document represents the act as presented to the governor. The version passed by the legislature is the final engrossment. It does not represent the official 2023 session law, which will be available here summer 2023. Key: (1) (2) new languge CHAPTER 5—S.ANo. 13 An act relating to state government; recognizing Juneteenth, June 19, as a state holiday; amending Minnesota Statutes 2022, sections 10.55; 645.44, subdivision 5. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2022, section 10.55, is amended to read: 10.55 JUNETEENTH. (a) The third -Saturday -in June 19 of each ygx is designated Juneteenth in recognition of the historical pronouncement of the abolition of slavery on June 19, 1865, when the Emancipation Proclamation was said to have been first publicly read in Texas by Union soldiers led by General Granger. The announcement came 2-1/2 years after President Abraham Lincoln's Emancipation Proclamation and two months after General Lee's surrender in April 1865. Juneteenth and emancipation celebrations have been commonplace in Minnesota since 1889 as a result of community-based grassroots efforts. (b) Each year the governor shall issue a proclamation honoring this observance and recognizing the important contributions African- Americans have made to Minnesota's communities, culture, and economy. The governor may also take any additional action necessary to promote and encourage the observance of Juneteenth and public schools may offer instruction and programs on the occasion. Sec. 2. Minnesota Statutes 2022, section 645.44, subdivision 5, is amended to read: Solid. 5. Holiday. "Holiday" includes New Year's Day, January l; Martin Luther Ring's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in Febmary; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January l; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. No public business shall be transacted on any holiday, except in cases of necessity and except in cases of public business transacted by the legislature, nor shall any civil process be served thereon. However, for the executive branch of the state of Minnesota, "holiday" also includes the Friday after Thanksgiving but does not include Christopher Columbus Day. Other branches of state government and political subdivisions shall have the option of determining whether Christopher Columbus Day and the Friday after Thanksgiving shall be holidays. Where it is determined that Columbus Day or the Friday after Thanksgiving is not a holiday, public business may be conducted thereon. Any agreement between a public employer and an employee organization citing Veterans Day as the fourth Monday in October shall be amended to cite Veterans Day as November 11. Presented to the governor February 3, 2023 Signed by the governor February 3, 2023, 12:18 p.m. Official Publication of the State of Minnesota Revisor of Statutes 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City FROM: Joe Janish, Community Development SUBJECT: Approve Community Development Block Grant Sub recipient Agreement and Addendum No. 1 - Planning DATE: June 6, 2023 The 2023 program year Community Development Block Grant (CDBG) projects need to be submitted by January 6, 2023, to be considered for funding. The proposal to seek $100,000 funding for connections to water main in the following area: properties along 1401 Lane NW and a portion of Raven St NW. received funding through the Community Development Block Grant (CDBG) Program. These properties are adjacent to water main, but they remain unconnected. The primary area is located near the Red Oaks neighborhood. Connecting to city water requires paying for: city water connection charges, city water lateral charges, and often for water area charges, in addition to any private fees to have a plumber connect the home. In addition, property owners connecting to city water would also need to have their well permanently sealed. These can be financial burden for property owners that may otherwise want to connect, which may make it difficult for property owners to take that step. - Expenses connecting to city water $16,000-20,000 $16,500 - $21,500 In order to proceed with the project the Community Development Block Grant Sub recipient Agreement and Addendum No. 1 will need to be approved by City Council. These two agreements establish the criteria, along with responsibilities of the City of Andover. As the money is coming through a federal program guidelines are relative rigid and reporting is rigorous. If the City of Andover does not agree to the two agreements funding will not be received and the project will not move forward. ACTION REQUESTED Approve Community Development Block Grant Sub recipient Agreement and Addendum No. 1. Respect 1 mi ted Joe anish Community Development Director Attachments Community Development Block Grant Sub recipient Agreement Addendum No. 1 Contract: C0009907 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT AGREEMENT between THE COUNTY OF ANOKA AND CITY OF ANDOVER This Sub -Recipient Agreement (hereinafter referred to as the "Agreement") is entered into this 1st day of July 2023, between the County of Anoka, a political subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body corporate and politic (hereinafter referred to as the "HRA"), and City of Andover (hereinafter referred to as the "Agency"): RECITALS A. The County of Anoka (hereinafter "County") is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570 and CFDA 14.218. B. An Urban County Consortium has been established by a Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County has entered into a Joint Powers Agreement with the HRA to administer the Community Development Block Grant Program and delegated to the HRA the rights, duties and obligations to disperse, monitor and administer funds under the Community Development Block Grant program, in a manner consistent with terms and conditions imposed on the County by agreement, County resolution, HUD regulations, and the Community Development Block Grant Plan; D. The HRA desires to have certain services performed by the Agency as described within this Agreement, and as authorized by County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; E. It is appropriate and mutually desirable that the Agency be designated by the HRA to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to, as provided for herein; The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner described above; G. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. The attached exhibits as listed below are hereby incorporated in this Agreement and made a part hereof: PART I. GENERAL CONDITIONS ' PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A CDBG PY (Program Year) Activity Sheet with attached Addendum Exhibit B Statement of Community Development Objectives and Outcomes Exhibit C Inventory Policy and Equipment and Furnishing Inventory Exhibit D Certification of Non -Conflict of Interest Exhibit E Insurance Requirement Exhibit F Section 3 Clause as set for in 24 CFR Part 135.38 Exhibit G Certification of Non -Debarment Hereinafter, references to the "County" shall be deemed to be references to the Anoka County Housing and Redevelopment Authority. The remainder of this page intentionally left blank 2- PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project -related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the Project shall occur prior to the notice to Proceed without written approval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. The Agency shall appoint a liaison person who shall be responsible for overall administration of block grant funded project(s) and coordination with the HRA and Community Development Program. The Agency shall also designate one or more representatives who shall be authorized to sign the Disbursement Request Form. The name of the authorized representative shall be specified in the Exhibit A. B. For all agencies that are presently parties to cooperation agreements with the County covering planning, distribution of funds, and program execution under the Act, the Agency remains subject to the provisions of such agreement, 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the exhibits in an amount specified in Exhibit A. Reimbursement requests shall be submitted on a Community Development Disbursement Request Form, signed by the Agency's authorized representative and include all required supporting documentation, B. The Agency must submit a properly executed Disbursement Request Form to the county. The County will make payment to the Agency not more than thirty (30) days after said invoice and required supporting documentation are received and approved by Anoka County, except that all payments are conditioned upon the County's receipt of federal funding. In the event there is a delay in the County's receipt of federal funds, payments to the Agency will also be delayed. It is the Agency's sole responsibility to conduct its business and engage in services/contracts accordingly, as the County is not responsible for any consequences or outcomes that may result from the delay of federal funds being available for use. The County will issue a statement of correction voucher in the event the voucher request is erroneous. Payment does not constitute absolute approval. -3- C. As the County must pass HUD's annual timelessness test for spending funds each May 15t, the County requires Agency reimbursement requests be submitted as specified in Exhibit A and below: Public Service Activities: The Agency must spend at least 75% of its allocated funds by no later than April 15 of this Agreement's program year. All funding requests and HUD - required beneficiary data are to be submitted on a monthly or quarterly basis during the program year with Quarter 1 ending September 30, Quarter 2 ending December 31, Quarter 3 ending March 31, and Quarter 4 ending June 15. Any allocated funds not spent by the end of this Agreement's term will be recaptured by the County. Project Activities: The Agency must submit a partial draw by no later than April 15 of the 18 -month contract term. The Agency must spend 100% of allocated funding by no later than the end of this Agreement's term. The Agency's final reimbursement request and accomplishment data must be submitted to the County prior to Exhibit A's Completion Date. Any funds not spent by the end of this Agreement's term will be recaptured by the county. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Agency shall report all program income revenues generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All program income shall be forwarded to Anoka County. B. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Grant Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications that are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. It shall be expected that an amendment may trigger the Substantial Amendment process to be completed with citizen notification. 9. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. See Part II, item 6 "Federal and Local Program Requirements" for Certification of Non -Debarment procedures. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as -4- fully responsible to the County for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. 10. HOLD HARMLESS AND INDEMNIFICATION A. The Agency shall, to the greatest extent permitted by law, hold harmless, indemnify, and defend the County, its commissioners, officers, agents and employees against any and all claims, expenses (including attorneys' fees), losses, damages or lawsuits for damages arising from or related to the services to be provided under this Agreement, including but not limited to the negligence of the Agency or any entity or person for which the Agency is legally responsible. B. The Agency further agrees that it is financially responsible (liable) for any audit exception that occurs due to its negligence or failure to comply with the terms of the Agreement. 11. INSURANCE The Agency shall procure and maintain in full force and effect during the term of this Agreement, insurance coverage for injuries to persons or damages to property which may arise from or in connection with the performance of the work/services hereunder by the Agency, its agents, representatives, employees or subcontractors. The insurance coverage shall satisfy the requirements set forth in Exhibit E, which is attached hereto and incorporated herein. 12. CONFLICT OF INTEREST A. Interest of Officers. Employees or Agents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. Interest of Subcontractor and Their Employees - The Agency agrees that it will execute the required Certification of Non -Conflict of Interest attached as Exhibit D and incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program has any'personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 2003, Section 13.01 et seq. or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended. 14. TERMINATION A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1) The Agency mismanage or make improper or unlawful use of Agreement funds; (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government, State, or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should; (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except the County may terminate the agreement if funds are not expended as required. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A (1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. 15. USE AND REVERSION OF ASSETS The use and disposition of real property and equipment under this Agreement shall be in compliance with Exhibit C and the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which included but are not limited to the following: A. The Agency shall transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation or termination. Such payment shall constitute program income to Anoka County, B. Real property under the Agency's control which was acquired or improved in whole or in part using CDBG funds accumulated in excess of $25,000 shall apply standards set forth in 570.505. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement of CDBG program or, with respect to other recipients until five years after the closeout of the grant from which the assistance to the property was provided. The Agency many not change the use or planned use of any such property including the beneficiaries of such use from that for which the acquisition or improvement was made. If the Agency fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective, sells, transfers title or there is a change in use, the Agency shall pay Anoka County an amount equal to the current fair market value of the property less any portion of the He value attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to Anoka County. C. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income to Anoka County, Equipment not needed by the Agency for activities under this Agreement shall be (a) transferred to Anoka County HRA for the CDBG program or (b) retained after compensating Anoka County, an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Five Hundred and no/100 Dollars ($500.00) or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate, The Agency shall be responsible for all such property, including its care and maintenance. See Exhibit C (1) The Agency shall meet the following procedural requirements for all such property, a) Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use, and condition of the property. b) A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. d) Adequate maintenance procedures shall be implemented to keep the property in good condition. 16. DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement, any unexpended program income or program income that has not been spent on the project, shall be returned by the Agency to the County. PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CFR p. 570. 2. PROCUREMENTSTANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the Agency shall comply with the requirements of the U.S. Office of Management and Budget Code of Federal Regulations 2 CFR 200 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/100 Dollars ($10,000.00). Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no/100 Dollars ($10,000.00) for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/100 Dollars ($10,000.00). 7- 3. ENVIRONMENTAL REVIEW A. National Environmental Policy Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR pt. 58). The County may require the Agency to furnish data, information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared, B. State Environmental Policy Act -Agencies that are branches of government under Minnesota Law, retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act, C. Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements have been met. 4. NON-DISCRIMINATION A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, religion, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law, These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602 Section 109 and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602. These requirements are summarized in the following paragraphs: B. Program Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, religion, color, sex, sexual orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair Housing The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1964, Title VII; Executive Order 11063) D. Employment (1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer' in advertisements shall constitute compliance with this section. (2) The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, sexual orientation, race, religion, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended) (3) The work to be performed under this contract is subject to the requirements of "Section 3" of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.1701u "Section 3". To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects. See Exhibit F E. Contractors and Suppliers (1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, sexual orientation, marital status, race, religion, creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended.) (2) All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; Provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. (3) To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents (Section 3). See Exhibit F F. Notice (1) The Agency shall include the provisions of the appropriate orecedino subsections A. B. C. D. Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. (2) In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. 5. LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 USC sections 327-333); Provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families, A copy of the current Federal Prevailing Wage rate and HUD forms 4010 and 92010 must be included in all construction bid specs and contracts. Forms may be obtained from the Anoka County Community and Government Relations department or federal www.hud.gov website. 6. CERTIFICATION OF NON -DEBARMENT Because federal money will be used to pay for all or part of the work under this Agreement, the Agency must provide certification regarding debarment, suspension, ineligibility and voluntary exclusion for all -9. covered transactions, as set forth in the attached Exhibit G. By signing this Agreement, Agency certifies that it has procedures in place consistent with regulations implementing Executive Order 12549 and has provided such certification. For purposes of Exhibit G and this Agreement "prospective lower tier participant' refers to the Agency and any of its contractors and subcontractors performing under this Agreement. 7. ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations at 24 CFR pt. 42. B. Any displacement of persons,business, nonprofit organizations or farms as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act as amended by the Uniform Relocation Act as amended Title IV of the Surface Transportation and Uniform Relocation Assistance Act as amended (Pub. L 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570.606 (a) & (b). C. In any activity assisted under this Agreement which results in demolition or conversion to another use of low/moderate income housing, the agency will follow the requirements set forth in the revised Section 104(d) of the Housing and Community Development Act of 1974, as amended, and implementing regulations. 8. HISTORIC PRESERVATION The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151 at. seq. & 24 CFR 40, et. seq.). 10. NONPARTICIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 11. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The Agency agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 570.2000). 12. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. 58.6, sub chap. B). The Agency shall comply with the Regulations at 24 CFR section 570.605. 10- 13. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et se )and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et se�C .. and the regulations issued thereunder (40 CFR pt. 15). 14. LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead -Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 USC sections 4831 et se . requiring (1) prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); (2) elimination of immediate lead-based paint hazards in residential structures; and (3) notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed priorto 1978. All work performed on lead -containing surfaces must conform to lead -safe practices and be completed by workers who are either supervised by an EPA -certified abatement supervisor or be performed by workers trained in lead -safe work practices. If abatement options are specified in the work write-up, the contractor must hire an EPA -certified and state -licensed abatement contractor and submit proof of their current state license and insurances. 15. ENERGY STANDARDS To further affordable housing goals, Anoka County requires the use of Energy Star products for HUD - assisted new construction and rehabilitation projects. Energy Star products include washers, dryers, refrigerators, windows, heating and cooling equipment as well as light fixtures and bulbs. This standard applies to commercial and industrial and both single-family and multi -family housing units. 16. BUILD AMERICA, BUY AMERICA (BABA) The Agency must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Agency's infrastructure project. Pursuant to HUD's notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 17. NON-DISCRIMINATION BASED ON DISABILITY When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act as amended, Public Law 101-336 (1990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this agreement. 18. NON -SUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 19. PUBLIC OWNERSHIP For agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly -owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 20, PUBLIC INFORMATION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program. B, For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of Ten Thousand and no1100 ($10,000.00) Dollars or less. 21. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS An Agency (recipients and sub -recipients) including public agencies shall comply with the requirements and standards of the Office of Management and Budget, Code of Federal Regulations 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Regulations available at www.ecfr.aov and www.cfo.aovlcofar. PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS The Agency shall obtain an independent audit for any calendar year during which the agency expended at least $750,000 of Federal funds. Qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds shall make such audit. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental Organizations Programs Activities and Functions, and the provisions of OMB A-110. When applicable, the Agency shall also comply with the audit requirements of revised OMB Circular A- 133 dated June 24, 1997. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the County, Federal or State officials so authorized by law during the performance of this contract and during the period of retention specified in this Part III. 3. RECORDS As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following records: A. Financial Management - such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. These records shall contain information pertaining to grant awards and authorizations, obligations, un -obligated balances, assets, liabilities, outlays, and income. B. Citizen Participation - Narrative and.other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. 12- C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good -faith efforts to identify, train, and/or hire lower-income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. G. Determinations of Condition of Slum and Blight - The agency will submit: (1) An attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; (2) The boundary of the area so designated; (3) A list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the community must submit a certified building inspector's report on the conditions leading to that determination. H. Economic Development - The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance. Those records will include three years of profit and loss statements, balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum. I. Such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS Records documenting this CDBG funded project shall be retained by the Agency for five (5) years after completion with all HUD requirements, except as follows: (1) Records that are the subject of audit findings shall be retained for five (5) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for five (5) years after its final disposition. Nonexpendable property is defined in the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. Records may be kept in either a paper or electronic format. 5. REPORTS The Agency shall submit such reports as required by the County on a monthly and annual basis and also prior to project execution. -13- In consideration of payments, covenants, and agreements mentioned in the foregoing Agreement, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Agreement, COUNTY OF ANOKA By: Karen Skepper, Director Community and Government Relations Date: APPROVED AS TO FORM: By: David Pedersen, Assistant County Attorney Date: -14- AGENCY/CITY: CITY OF ANDOVER UEI Number: N14ZR13QES45 Signature: Print Name: Title: Date: Signature: Print Name: Title: Date: Authorized Representative Exhibit A with Attached Addendum 2023 PY CDBG Project Activity Jurisdiction Name: Anoka County Priority: HIGH Sub -Recipient: City of Andover — AC Contract # C0009907 Activity Title: 2023 Andover Water Connection to 5.6 Single-family homes Approved Funding: $100,000 from 2023 CDBG Project funds Project Description: Funds will be used to connect 5 to 6 single-family he mes to city water. Location: Homes to be determined Objective category*: ❑ Suitable Living Environment ® Decent Housing ❑ Economic Opportunity Outcome category*: ® Availability/Accessibility ❑ Affordability ❑ Sustainability *As defined in Exhibit B — federal Statement of Community Development Objectives and Outcomes y g ,, 2023 Activit Contact and Budget Info77 CDBG Project Activit Details Line Item noted on your Budget worksheet HUD Matrix Code: 14A - Single Family Rehab CDBG Citation: 570.202 (a)(1) Recipient Type: Sub -Recipient National Objective: LMI - People/Households Proram Year Starts: July 1 2023 PY Completion Date: December 31 2024 Performance Indicator: 5 - Housing Units Accomplishment: 5 Households UEI Number: N14ZR13QES45 Administered by: City of Andover y g ,, 2023 Activit Contact and Budget Info77 Contact Info Line Item noted on your Budget worksheet Budget Amount Agency: CI of Andover Unit Connection charge - $5 8831unit $29,415 Project: Connection to city water 5.6 homes Water Area Charge - $5 3891acre $11856 Contact: Joe Janish Private Water Service Connections $45,614 Phone: 763.767.5140 Well Ca In IAbondonment $13115 Email: anish andovermn, ov Total: $100 000 SUBRECIPIENT: 1) Has up to 18 months to spend $100,000 per the above budget allocation • County approval is required for any budget revisions and/or adjustments 2) Must submit final reimbursement request and all accomplishment data to County staff no later than: 12131/24 3) Will abide by applicable HUD regulations as required by the CDBG Sub -Recipient Agreement Failure to adhere to items 1 through 3 above will result In either repayment of funds to HUD or recapture of unspent funds. By signing below, the Sub -recipient's authorized representative acknowledges this Exhibit A has been read, the project description/details understood and agreed to. Signature Print Authorized Rep: Date Exhibit B Statement of Community Development Objectives and Outcomes OBJECTIVES: The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. 1. Provide Decent Housing • Assist homeless persons obtain affordable housing • Assist persons at risk of becoming homeless • Retention of affordable housing stock • Make available permanent housing that is affordable to low-income residents without discrimination Z Provide a Suitable Living Environmenf • Improve the safety and livability of neighborhoods • Increase access to quality facilities and services • Reduce the isolation of income groups within an area through decentralization of housing opportunities and revitalization of deteriorating neighborhoods • Restore and preserve properties of special historic, architectural or aesthetic value • Conservation of energy resources 3. Expand Economic Opportunities • Job creation and retention • Establish, stabilize and expand small businesses • Provision of public services concerned with employment • Provision of jobs to low-income persons living in areas affected by those programs, or resulting from activities under programs covered by the plan • Available mortgage financing for low-income persons at reasonable rates • Access to capital and credit for development activities that promote long-term economic and social viability of the community • Empower low-income persons to reduce generational poverty in federally assisted housing and public housing OUTCOMES: Avallabiifty/Accessiblilty • Make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low - and moderate -income people, including persons with disabilities. • Does not refer only to physical barriers. • Make the affordable basics of daily living available and accessible to low- and moderate -income people where they live. Affordability • Provide affordability in a variety of ways in the lives of low- and moderate -income people. • Creation or maintenance of affordable housing, basic infrastructure hook-ups, or services such as transportation or day care. Sustainabfiity: Promoting Livable or Viable Communities. • Promote projects where the activity or activities are aimed at improving communities or neighborhoods, • Help make them livable or viable by providing benefit to persons of low- and moderate -income • Remove or eliminate slums or blighted areas, through multiple activities or services that sustain communities or neighborhoods, Exhibit C Inventory Policy and Equipment and Furnishing Inventory Property Controls The federal regulations regarding property controls in 24 CFR 84.34(f) are for tracking assets purchased with grant funds to ensure that they are properly maintained, secure and being used for authorized purposes. Agencies and funders should do a periodic physical inventory on these items to verify their existence, current utilization and continued need. For this reason, agencies using federal funds to purchase furnishings, vehicles or equipment for a project should keep accurate records including the following: a complete description of the item/s purchased, a serial or other identification number, the source of funds and grant contract number, the acquisition date and the cost. These items are federal property and cannot be disposed of without requesting permission and guidelines from the Anoka County Housing and Redevelopment Authority (ACHRA). If the recipient no longer needs the items for the grant project it may be used for other activities if the conditions noted in 24 CFR 84.34(g) and 24 CFR 570.201 and 570.503 are met. CFR 24 Section 84.34 outlines the federal regulations that apply to equipment purchased with grant monies. A summary of these requirements follows. ■ The recipient will use the equipment in the project for which it was acquired for as long as needed. When it is no longer needed for that project, it should be used for other federally -sponsored HUD activities, unless compensation is made to HUD. ■ The recipient will maintain accurate equipment records including: o Description o Serial number, model number or identification number o Source of federal funds with which equipment was purchased o Date received o Cost o Location o Condition when acquired ■ A physical inventory of equipment should be taken every two (2) years during which the recipient will verify the existence, current utilization and continued need for the equipment ■ Recipient is responsible to ensure that adequate maintenance procedures are implemented to keep the equipment in good condition. ■ If the recipient is authorized by the ACHRA to sell the equipment, federal sales procedures must be used, See CFR 24 Section 84.34(g). Inventory Policy Equipment and furnishings purchased with federal funds shall be recorded on an inventory list for recording keeping and reference if they meet HUD's definition of "tangible non -expendable property" having a useful life of more than one year and either: • Have an acquisition cost of.$500 or more, or 0 Can be defined as electronic equipment or a small appliance over $200 Exhibit D CERTIFICATION OF NON -CONFLICT OF INTEREST The Undersigned, on behalf of the Agency/City, certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement, (2) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGENCY: City of Andover By: By. Slgnafure Signature Title: Title: Date: Date: Exhibit E-18 CONSTRUCTION/MAINTENANCE ($25,000 to $100,000) - INSURANCE REQUIREMENTS CONTRACT NO.: C0009907 with City of Andover Bidders/contractors/consultants (hereinafter referred to as the "Contractor") will procure and maintain for the duration of this Agreement/Contract (hereinafter referred to as the "Contract"), insurance coverage for injuries to persons or damages to property which may arise from or in connection with the performance of the work herein by the contractor, its agents, representatives, employees or subcontractors. 1.1 Commercial General Liability and Umbrella Liability Insurance. Contractors will maintain Commercial General Liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. 1.1.1 CGL Insurance will be written on ISO occurrence form CG 00 01 96 (or a substitute form providing equivalent coverage), and will cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. 1.1.2 Anoka County, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers, and all its officers, agents, and consultants, are named as Additional Insured under the CGL, using ISO additional insured endorsement CG 20 10 10 01 and CG 20 37 10 01 or substitute providing equivalent coverage, and under the commercial umbrella, if any with respect to liability arising out of the contractor's work and services performed for the County. This coverage shall be primary to the Additional Insured. 1.1.3 The County's insurance will be excess of the contractor's insurance and will not contribute to it. The contractor's coverage will contain no special limitations on the scope of protection afforded to the County, its agents, officers, directors, and employees. 1. 1.4 Coverage as required in paragraph in 1.1 above will include Per -Project General Aggregate Limit, using ISO form CG 25 03 (or a substitute form providing equivalent coverage). 1.1.5 Waiver of Subrogation. Contractor waives all rights against Anoka County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Commercial General Liability or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph 1.1. 1.2 Automobile Liability and Umbrella Liability Insurance. Contractor will maintain automobile liability and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each accident. Exhibit E-18: Construction/Maintenance ($25K - $100K) - 2019 1.2.1 Automobile insurance will cover liability arising out of any auto (including owned, hired and non -owned autos). If the Contractor does not own any vehicles, Anoka County will accept hired and non -owned autos with a letter from the Contractor stating that it does not own any autos. 1.2.2 Coverage as required in paragraph in 1.2 above will be written on ISO form CA 00 01, or substitute form providing equivalent liability coverage. If necessary, the policy will be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later edition of CA 00 01. 1.2.3 Waiver of Subrogation. Contractor waives all rights against Anoka County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph 1.2 of this Exhibit. 1.3 Workers' Compensation Insurance. Contractor will maintain Workers' Compensation Insurance as required by the State of Minnesota and Employers Liability Insurance with a limits not less than $500,000 Bodily Injury By Accident for each accident, not less than $500,000 Bodily Injury By Disease each employee and not less than $500,000 Bodily Injury By Disease policy limit. 1.3.1 If Contractor is not required by Statute to carry Workers' Compensation insurance, Contractor must provide a letter on their letterhead which includes: 1.3.1.1 Provide evidence why the contractor is not required to obtain Workers' Compensation Insurance, 1.3.1.2 A statement in writing which agrees to provide notice to Anoka County of any change in Contractor's exception status under the Minnesota State Statutes 176.041; and 1.3.1.3 A statement which agrees to hold Anoka County harmless and indemnify the County from and against any and all claims and losses brought by Contractor or any subcontractor or other persons claiming injury or illness resulting from performance of work this contract. 1.3.2 Waiver of Subrogation. Lessee waives all rights against Anoka County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employer's liability or commercial umbrella liability insurance obtained by Lessee pursuant to Paragraph 1.4 of this Exhibit. Lessee will obtain an endorsement equivalent to WC 00 03 13 to affect this waiver. 1.4 Builders' Risk Insurance. Anoka County will maintain Builders' Risk Insurance for this project. Contractor will be responsible for the $10,000.00 deductible. 1.5 Other Insurance Provisions 1.5.1 Prior to the start of this Contract, Contractor will furnish Anoka County with a completed copy of Anoka County's certificate of insurance form, which is Exhibit E-18: Construction/Maintenance ($25K - $100K) - 2019 attached as part of this Exhibit, or as a certificate of insurance and copies of the endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. 1.5.2 Cancellation and Material Change Endorsement shall be included on all insurance policies required by the County. Thirty (30) days Advance Written Notice of Cancellation, Non -Renewal, Reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to the County at the office and attention of the Certificate Holder. This endorsement supersedes the Standard Cancellation Statement on Certifications of Insurance to which this endorsement is attached. 1.5.3 No Representation of Coverage Adequacy. By requiring insurance herein, Anoka County does not represent that coverage and limits will necessarily be adequate to protect the Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Anoka County in this Contract. 1.5.4 Failure of Anoka County to demand such certification or other evidence of full compliance with these insurance requirements or failure of Anoka County to identify deficiency from evidence that is provided will not be construed as a waiver of Contractor's obligation to maintain such insurance. 1.5.5 Failure to maintain the required insurance may result in termination of this Contract at Anoka County option. 1.5.6 Contractor will provide certified copies of all insurance policies required herein within 10 days if requested in writing by Anoka County. 1.5.7 Cross -Liability coverage. If Contractor's liability does not contain the standard ISO separation of insured provision, or a substantially similar clause, they shall be endorsed to provide cross -liability coverage. 1.5.8 Any policy written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy proceeds the effective dates of this contract; and that continuous coverage will be maintained or extended discovery period of 2 years beginning from the time that work under the contract is completed. 1.5.9 Acceptability of Insurer(s). Anoka County reserves the right to reject any insurance carriers that are rated less than: A.M. Best rating of A: IV. ExhibitE-18: Construction/Maintenance($25K-$100K)-2019 Exhibit F Section 3 Clause as set forth in 24 CFR Part 135.38 A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135, Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Any questions regarding Section 3 should be directed to: Renee Sande, Community Development Manager, 763-324-4613 or renee.sande@co.anoka mn us, Exhibit G CERTIFICATION OF NON -DEBARMENT Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower-Tier Covered Transactions. Instructions for Certification: 1. By signing and submitting the foregoing Agreement, the prospective lower -tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower -tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower -tier participant shall provide immediate written notice to the person to which this Agreement is submitted if at any time the prospective lower -tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower -tier covered transaction, participant, person, primarycoveredtransaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order 12549, You may contact Anoka County Community Development Department for assistance in obtaining a copy of those regulations. S. The prospective lower -tier participant agrees by signing this Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower -tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower -tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower-Tier Covered Transaction," without modification, in all lower -tier covered transactions and in all solicitations for lower -tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower -tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower -tier covered transaction with a person who is proposed for debarment under 48 C.F.R. 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, Certification: 1. The prospective lower -tier participant certifies, by entering into the foregoing Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower-tier.participant is unable to certify any of the statements in this certification, such prospective participant shall provide a written explanation to the Anoka County Community Development Department before commencing any work on the project. ADDENDUM NO.1 Special Provisions for Water Connection Services for CDBG Subrecipient Agreement with City of Andover 1. INCORPORATION OF SPECIAL PROVISIONS. The following Special Provisions in this Addendum No. 1 are made part of the Subrecipient Agreement between Anoka County HRA and the City of Andover ("Agreement') for Water Connection Services ("Project'). The Special Provisions shall have the same force and effect as if restated within the original Agreement. In the event of a conflict between this Addendum and any other provision of the Agreement, this Addendum shall govern. 2. WATER CONNECTION ASSISTANCE PROCESS/TIMELINE The following timeline is tentative and subject to change, except that the application deadlines, construction deadlines, and project closeout, are a firm deadlines due to funding requirements. June 2023 - Execute CDBG funding agreement. Anoka County will provide the City of Andover language to promote the CDBG funded water connection assistance program. — Andover mails county approved letter to residential properties identified in project area explaining program details and information on requesting an application. Discuss project procurement as federal funds require three bids. June 2023 — Applications available & due by July 1, 2023. July 17, 2023 — Anoka County staff completes income qualifications to determine eligibility. July 17 2023 — List of income qualified properties sent to Andover. City notify property owners via letter if properties are eligible for assistance or not. Late July / Early August 2023 — Determine if water connection assistance can be offered in other areas if CDBG funds remain. Late July 2023 — Anoka County staff will complete environmental reviews on properties. Late Summer / Fall 2023— Construction begins. Construction must be completed by December 2024. Fall 2023 — Anoka County will reimburse Andover for work completed on income qualified properties with most around $20,000. Andover will need to provide documentation for expenses for the reimbursement request for each property. November -December 2024 — Project Closeout. Final reimbursement requests must be received by December 18, 2024. 3. COUNTY RESPONSIBILITIES. In addition to tasks listed in the above timeline, the County agrees to undertake the following activities related to the Project: a. Promotion. Anoka County will provide the City of Andover language to promote the CDBG funded water connection assistance program. b. Environmental Review. The County is responsible for the required environmental assessments for the project. c. Income Qualification. The County will provide the written application packets to the City for distribution to interested homeowners. Within a reasonable time after receiving completed applications from the City, County staff will income -qualify any applicants for this project. The County will not take part in any bidding, contracting, or monitoring of the project. d. Reimbursement. Upon completion of water connection on an eligible property, the City shall request reimbursement from the County for the completed work. All funds disbursed by the County pursuant to the Agreement shall be disbursed pursuant to the methods provided by law. 4. CITY RESPONSIBILITIES / AFFORDABILITY RESTRICTION. In addition to tasks listed in the above timeline, the City agrees to undertake the following activities related to the Project: a. Contract Administration. The City is responsible for development of plans, specifications, agency approvals as needed, and other necessary items to get the Project ready for competitive bidding and construction. Prior to the start of construction, the City must engage in an application process with homeowners and permit the County to income qualify households to determine eligibility. The City is solely responsible to undertake all contracting responsibilities, including requests for bids, review of bids, award of contracts, insurance approval, review/monitoring of work, obtaining lien waivers, and all pre- and post - construction issues. b. Insurance. The City must require any Contractor(s) working on this project to name the City and County of Anoka as an additional insured on their commercial general liability policies. The Contractor's Certificate of Insurance must reflect such endorsements. c. Reimbursement/Restrictions. Reimbursement requests must be made to the County after construction is completed, on a per property basis, and shall include the underlying contractor invoices. No reimbursements will be permitted after the project closeout deadline. d. Affordability Requirements — 3 -Year Restriction. Notwithstanding the provisions of Section 15 of the Agreement, if a change in use occurs at any time within a three-year period from completion of the Project, the City must either require the landowners to requalify for income eligibility, or meet a HUD national objective. If the property remains ineligible, the City must repay the County for all grant funds allocated to the ineligible property. This restriction will expire on December 31, 2027. ACCEPTED AND APPROVED: ANOKA COUNTY HRA By: Karen Skepper, HRA Executive Director Director of Community & Gov't Relations CITY OF ANDOVER Sheri Bukkila, Mayor Dated: Dated: By: Jim Dickinson, City Administrator Dated: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV O TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David Berkowitz, Director of Public s/City Engineer SUBJECT: Approve Change Order 91 / 23-17, 2023 Full Depth Reclamation —Engineering DATE: June 6, 2023 INTRODUCTION The City Council is requested to approve Change Order #1 for Project 23-17, 2023 Full Depth Reclamation. DISCUSSION During construction it was determined that additional work not originally identified in the project plans was required to rehabilitate and modify an existing storm sewer system at the intersection of Drake Street and Andover Boulevard to accommodate improvements to pedestrian curb ramps on the trail system to meet ADA requirements. The work included extension of an existing 15" storm sewer pipe and modifications to two existing catch basins, along with associated curb and gutter improvements around and adjacent to the catch basins. BUDGETIMPACT The project is being funded from the City's Road & Bridge Fund with twenty-five percent (25%) of the total project costs of the improvements being assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. The project was bid jointly with City Projects 23-02 and 23-08 for a total bid price of $4,227,310.71. The bid price for City Project 23-17 alone was $3,229,575.43. The increase to the contract amount with Change Order #1 is $15,178.24, for a revised total contract value of $4,242,488.95. The total of the bid price and Change Order #1 for City Project 23-17 alone is $3,244,753.67, which is still below the estimated feasibility amount of $3,395,700. COUNCIL ACTION The City Council is requested to approve Change Order #1 for Project 23-17, 2023 Full Depth Reclamation. Respectfully submitted, raao <-a6 David D. Berkowitz, P.E. Attach: Resolution�Change Order #1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 23-17,2023 FULL DEPTH RECLAMATION. WHEREAS, the City of Andover has a contract for Project Nos. 23-02, 2023 Street Reconstruction / 23-08, 2023 Curb, Sidewalk & Pedestrian Ramp Repairs / 23-17, 2023 Full Depth Reclamation with _ North Vallev Inc. of Nowthen. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 23-17. Adopted by the City Council of the City of Andover this 6th day of June .2023. CITY OF ANDOVER ATTEST: Sheri Bukkila - Mayor Michelle Hartner— Deputy City Clerk CHANGE ORDER Change Order No.: 1 Date: 5/30/23 Sheet: 1 of 1 Project Name: 2023 Full Depth Reclamation Project No.: 23-17 Contractor: North Valley, Inc. You are hereby directed to make the following change to your contract dated April 10th, 2023. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (desrease) (tae- changethe contract sum by fifteen thousand one hundred seventy eight dollars and twenty-four cents ($15,178.24). This change order incorporated modifications and upgrades required to the existing storm sewer system to accommodate necessary pedestrian curb ramp improvements to meet ADA standards at the south intersection of Drake Street and Andover Boulevard. This Change Order provides for the following extra work (see attached for detailed pay items): Description Increase (Decrease) Modify storm sewer and curb and gutter $15,178.24 Total Amount of Change Order $15,178.24 Amount of Original Contract $4,227,310.71 Additions Approved to Date (Change Order #) $0.00 Deductions Approved to Date (Chage Order #_) $0.00 Contract Amount to Date $4,227,310.71 Amount of this Change Order (Add) (Deduct) (No Change) $15,178.24 Revised Contract Amount $4,242,488.95 Approval: City of Andover By: David D. Berkowitz Director of PW / City Engineer Title Signature Date 2317 Change Order #1 Approval: North Valley, Inch By: LeSCte -A--1bom Name 111�f eSti A. f ri+ Title Signature ate 2023 Full Depth Reclamation City Project: 23-17 Change Order #1 (Drake St. Storm Sewer Modifications) C.P. 23 -17 -Change Order #1 Notes: 1. If flared end is in acceptable condition, salvage and reinstall. If not, remove and dispose of existing flared end & F&I new flared end. 2. Item Includes plating structure, new concrete adjusting rings and wrap rings vAth geotextile fabric and concrete collar. ACTUAL QUANTITIES NbIfS .- .ITEM NO „ I7ES,CRIPTION tea,,- k /-! i < A, ,' _ ACTUAL_ _ _ 11NR � lUAN.�>A: rRRi1;E,>„ .�WQNT;, , 1 1 2104.502 ISalvaqe Flared End Section EA 1 $517.50 $517.50 1 2104.503 Remove Pipe Culvert/ Storm Sewer LF 0 $29.90 $0.00 1 2501.503 15" RC Pipe Apron EA 0 $2,443.75 $0.00 2501.503 1WRC Pipe Culvert Class LF 56 $78.20 $4,379.20 2 2506.502 Casting Assembly -Storm R -2560E8 EA 2 $943.27 $1,886.54 1 2506.602 Install Salvaged Flared End Secton EA 1 $1.322.50 $132260 2506.602 Connect Into Existing 15' RCP Culvert EA 1 $747.50 $747.50 2531.503 Concrete Curb and Gutter Design D412 LF 60 $57.50 $3,450.0 2531.503 Concrete Curb and Gutter Design 8418 LF20 $57.50 $1,150.00 2531.503 Concrete Curb and Gutter Design Ribbon Curb 26" wide LF 30 $57.50 $1,725.00 Total Estimated Costl $15,178.24 C.P. 23 -17 -Change Order #1 Notes: 1. If flared end is in acceptable condition, salvage and reinstall. If not, remove and dispose of existing flared end & F&I new flared end. 2. Item Includes plating structure, new concrete adjusting rings and wrap rings vAth geotextile fabric and concrete collar. Y 0 F O ` V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2023 Animal Impound Facility Agreement DATE: June 6, 2023 INTRODUCTION Attached is the animal impound facility agreement for 2023 with the Animal Human Society. HISTORY/DISCUSSION 9) The agreement has been reviewed by Administration and the agreement is the same as the 2022 agreement with the exception that fees rose by 3%. Staff does anticipate and is prepared for the budget to increase for this service by the Humane Society. ACTION REQUIRED The City Council is requested to approve the animal impound facility agreement for the period of January 1, 2023, through December 31, 2023. submitted, 2023 Agreement with the Animal Humane Society Animal Humane Society and City of Andover Letter of Understanding for Impound Housing Services 2023 Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. AHS is unable to house wildlife or farm animals. i. Exceptions can be made for chickens with prior approval of the site manager at AHS. c. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. d. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. h. Hold animal for the legally required stray holding period: 5 days in i 4N, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. i. AHS will follow internal policy and best practice for unclaimed animals. City of Andover may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. d. AHS is not responsible for collecting any fees from an owner for a municipality. 3. City of Andover agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. i. AHS will charge a standard hold fee of $214 per canine or feline and a $49 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. ii. AHS will charge a municipality mandated quarantine fee of $428 per canine or feline that is held for a quarantine or other holding period lasting more than 5 days independent of who claims the animal after that hold. iii. AHS will charge a $25 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the standard fee. In these instances, AHS will charge the owner the additional reclaim fees. iv. AHS will charge a $40 DOA (administrative/processing/cremation) fee for disposal of any cadavers brought to and AHS facility by a representative of the municipality. v. City of Andover is responsible for fees if the owner does not reclaim by the last day of the stray hold. f. Adhere to AHS policy and best practice for unclaimed animals. City of Andover may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after-hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. d. The AHS agrees to maintain all data received from City of Andover in the same manner as City of Andover as required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. e. Insurance Requirements. i. Liability. AHS agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal injury, advertising injury, and contractually assumed liability. Upon request City of Andover shall be named as an additional insured. ii. Automobile Liability. If AHS operates a motor vehicle in performing the services under this agreement, AHS shall maintain commercial automobile liability insurance, including owned, hired, and non -owned automobiles, with a minimum liability limit of $1,000,000, combined single limit. iii. Workers' Compensation. AHS agrees to comply with all applicable workers' compensation laws in Minnesota. iv. Certificate of Insurance. The AHS shall deliver to City of Andover a Certificate of Insurance as evidence that the above coverages are in full force and effect. f. Indemnification: i. AHS. To the fullest extent permitted by law, AHS agrees to defend and indemnify City of Andover, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of AHS, AHS's subcontractor(s), or anyone directly or indirectly employed or hired by AHS, or anyone for whose acts AHS may be liable. AHS agrees this indemnity obligation shall survive the completion or termination of this agreement. ii. City of Andover. To the fullest extent permitted by law, City of Andover agrees to defend and indemnify AHS, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of City of Andover, or anyone directly or indirectly employed or hired by City of Andover, or anyone for whose acts City of Andover may be liable. City of Andover agrees this indemnity obligation shall survive the completion or termination of this agreement. This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. If the municipality brings animals to AHS without a signed contract, it will be assumed that the agreement is extended for term of the next contract. The agreement can be ended at any time by either party with a 30 day written notice. This agreement is entered into on the day of Digitally signed by Janelle Dixon DN: cn=Janelle Dixon, o, ou, email=jdixon@animalhumanesoc letyurg,c=US Date: 2022.10.2511:47:33 -05'00' Janelle Dixon, President & CEO Animal Humane Society 202_ by Signed on behalf of Municipal Authority Printed Name and Title Signed on behalf of Municipal Authority Printed Name and Title Email Address to send invoices 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councihnembers CC: Jim Dickinson, City FROM: Lee Brezinka, Finance Manager SUBJECT: 2022 Audit Presentation — Redpath and Company, Ltd. DATE: June 6, 2023 Andy Hering, CPA, an Audit Director with the City's auditing firm, Redpath and Company, Ltd., will be providing a presentation to the City Council related to the City of Andover Annual Comprehensive Financial Report as of December 31, 2022 and the corresponding Management Report. A December 31, 2022 Annual Comprehensive Financial Report, the corresponding Management Report, report on internal controls, independent auditor's report, report on legal compliance and a communication with those charged with governance will be handed out prior to the meeting and will be the basis of Mr. Hering's presentation. DISCUSSION The City is required to have an independent audit conducted annually. The 2022 Audit was conducted throughout the months of January, February, March, April and May. The Finance Staff was very involved in the audit process and enjoyed our excellent working relationship with Redpath and Company, Ltd. Mr. Hering's presentation will touch on the highlights of the City's finances and provide suggestions for improvement on reporting and internal controls. Of significant importance to the Council is that the City received an "unqualified opinion". BUDGETIMPACT No budget impact; the presentation, financial report, controls, independent auditor's report, report on legal with governance are provided as informational. corresponding management report, report on internal compliance and a communication with those charged ACTION REQUESTED The Andover City Council is requested to make a motion to receive the presentation from Redpath and Company, Ltd. and the City of Andover Annual Comprehensive Financial Report as of December 31, 2022, the corresponding Management Report, report on internal controls, independent auditor's report, report on legal compliance and a communication with those charged with governance. Respectfully submitted, 4 "` Lee Brezinka A C I T Y 0 F NLbD t '^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Hearing/Consider Classifying June 6, 2023 Dog - 2849 142"d Lane NW ACTION REQUESTED The City Council is requested to receive a presentation, gather testimony and to consider adopting the attached resolution declaring a Pitbull, named Jaxx a dangerous dog. DISCUSSION Attached are police reports and correspondence detailing the circumstances of incidents with a Pitbull, named Jaxx at 2849 142 d Lane NW. In the City Administrator's opinion, it appears that the owner of the dog is not taking reasonable attempts to properly control/restraint a "potentially dangerous dog" and based on the recent May 27, 2023, incident Administration is requesting a "dangerous dog" declaration for Jaxx which will require the dog owner to comply with the dangerous dog ordinance provisions. Also, by declaring the dog "dangerous," if the Jaxx is removed from the City, Jaxx must be registered as a dangerous dog in its new jurisdiction. Definition: DANGEROUS DOG/CAT: Any dog/cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. B & C applies to this request. Ms. Mya Smith, 2849 142nd Lane NW has been informed of the time and place of this hearing and may appear to provide testimony. DETAILS: The following is the chronology leading to this request: June 18, 2022 — Police Report - Jaxx without provocation on a neighboring property attacked and tried to bite the neighboring property owner numerous times (Pgs. 3-4). June 18, 2022 — "potentially dangerous" dog notification was issued to Ms. Mya Smith by the responding Deputy (Pgs. 5-6). June 21, 2022 — City send "potentially dangerous" dog notification and corresponding requirements to Ms. Mya Smith. The City also notified Ms. Mya Smith that a City dog license was required for Jaxx (Pgs. 7-8). June 30, 2022 — Ms. Mya Smith acquired a city dog license for Jaxx (Pg. 9). August 25, 2022 — City sent notice to Ms. Mya Smith that microchip information was needed for her potentially dangerous dog, Jaxx (Pg. 10 December 27, 2022 — Police Report - Jaxx along with another dog (Tahtah) owned by Ms. Mya Smith, unprovoked attacked another dog and owner in the street. A citation was issued to Ms. Mya Smith, also "potentially dangerous" dog notifications were issued to Ms. Mya Smith for both Jaxx and Tahtah by the responding Deputy (Pgs. 11-15) January 9, 2022 - City send letter to Ms. Mya Smith regarding her dogs (Jaxx & Tahtah) running at large and warned that failure to comply could result in a nuisance violation. The City also reminded Ms. Mya Smith her dogs have both been declared potentially dangerous and warned that other incidents may lead to a dangerous dog declaration (Pgs. 16-18) May 7, 2023 — Police Report - two Pitbull dogs owned by Ms. Mya Smith got away from the individual walking them and chased another individual who was just barely able to get inside his house before getting bit. Ms. Mya Smith was unable to be contacted at that time. Other incidents involving the dogs at Ms. Smith's address are referenced in this report but are still being investigated by another agency (Pgs. 19-20). May 27, 2023 — Police Report - Jaxx ran into the street and attacked another dog. Jaxx was taken to Coon Rapids Humane Society for a 10 -day quarantine (Pgs. 21-28). May 31, 2023 — dangerous dog hearing notification for the Pitbull Jax was delivered by an Anoka County CSO to dog owner Ms. Mya Smith (Pgs. 29-30). May 31, 2023 — dangerous dog hearing notification for the Pitbull Jaxx was attempted to be delivered by an Anoka County CSO to property owner of 2849 142d Lane NW Andover, MN 55304. The delivery was unsuccessful (Pgs. 31-32). June 6, 2023 — City Council is requested to conduct a hearing and consider declaring Jaxx a dangerous dog via attached resolution (Pg. 50). ATTACHMENTS: - Police reports/Correspondence (Pgs. 3-32) - City Code Title 5-1 (Pgs. 33-49) - Resolution (Pg. 50). CC: Mya Smith 2849 142"a Lane NW, Andover, MN 55304 Anoka County Sheriff's Office Incident Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Case Number: 22130587 Date Reported: 06/18/2022 Event: Description of Incident: DOG BITE Address: 2849 142ND LN NW City: ANDOVER State: MN Zip Code: 55304 Start Date/Time: 06/18/2022 11:53 End Date/Time: 06/18/2022 12:43 Time Dispatched: 11:55 Time Arrived: 12:06 Time Cleared: 12:43 Summary: Caller was approached by an aggressive dog while on his own property. The dog resides at location listed. Potentially dangerous dog form completed. See narrative. Deputy Miller #204 Photos Available: NO Squad Video Available: NO Body Cam Video Available: YES Evidence Collected: NO RFLE Completed: NO Offense(s): Offense: M - 5.1A.6.D AND -NUISANCE DOG -DOG BITE Person(s) Involved: I Last Name: MEVISSEN First Name: MICHAEL Middle Name: ALAN Incident Involvement Type: PERSON REPORTING INCIDENT Date of Birth: 09/11/1958 Age: 63 Sex: MALE Address: 2839 142ND LN NW City: ANDOVER State: MN Cell Phone: Statement Taken: NO APT#: ZIP: 55304 Last Name: SMITH First Name: MYA Middle Name: JEANETTE Incident Involvement Type: OWNER Date of Birth: 11/07/1985 Age: 36 Sex: FEMALE Address: 2849 142ND LN NW APT#: City: ANDOVER State: MN ZIP: 55304 Cell Phone: Work Phone: Statement Taken: NO Last Name: TURBES First Name: SHERMAN Middle Name: FREDERICK Incident Involvement Type: PERSON MENTIONED IEico Io 2 Case Number: 22130587 Date of Birth: 05/14/1986 Address: 6116 69TH AVE N City: BROOKLYN PARK Statement Taken: NO Anoka County Sheriff's Office Supplement Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Age: 36 Sex: MALE APT#: State: MN ZIP: 55429 Narrative(s): Title: ORIGINAL OFFICER NARRATIVE Date Reported: 06/18/2022 On 06-18-22 at 1153 hours, I was dispatched a phone call nuisance dog report. The incident occurred on the 2800 block of 142nd Ln NW. Michael Mevissen stated he returned home today at approximately 1100 hours. He exited his vehicle and walked to the front door of his own residence. While on the front step, he was approached by a dog that belongs at 2849 142nd Ln NW. The dog, without provocation, attacked him and tried to bite him numerous times. Mevissen stated he was able to kick at the dog and swing a bag at it; he avoided being bit but the bag he had was destroyed. The dog was retrieved by an adult male. I then responded to 2849 142nd Ln NW and made contact with the dog owner, Mya Smith. Smith stated she was asleep when the incident happened; she learned about it after the fact from her brother, Sherman Turbes. Smith stated her understanding of the incident was that Turbes was walking her dog and it pulled away from him and ran after a neighbor. She didn't think the neighbor was hurt but a bag was ripped. Turbes was no longer on scene so I made contact with him by phone. Turbes stated he was letting the dog outside on a leash and she slipped out of her collar and ran after the neighbor. Smith stated her dog is a 3 -year-old female pitbull mix named "Jaxx." It's gray and white and has not been spayed. The dog is a rescue and was severely beaten by its previous owners. Because of this, Smith stated the the dog does not like adult white males and is overly aggressive toward them. Smith stated the dog is current on its rabies vaccinations but is not licensed with the city. I advised Smith if the dog is not license in the next 14 days a citation will be issued. Considering the dog listed threatened the safety of a person by approaching Mevissen in an apparent attitude of attack, I completed a potentially dangerous dog form. Please forward to Andover City Hall. No further action taken. Clear. Deputy Miller #204 CC: Andover City Hall sg 062122 Officer(s): Involvement: REPORTING Deputy Name: Miller, Justin D ZPDO0164 Squad #: 382 Date:06/18/2022 12:57 Date: Name of Owner: Address: Home Phone: Work Phone: NOTICE OF "POTENTIALLY DANGEROUS DOG / CAT" 06/18/2022 11:53 ICR: 22130587 SMITH, MYA JEANETTE DOB: 10/07/1985 2849 142ND LN NW ANDOVER, MN 55304 Cell Phone: Name of Dog: JAXX Breed / Sex: PITBULL / FEMALE Age: 3 Colors: GRAY AND WHITE Neutered/Spayed: NO ❑ Person or domestic animal was bitten by above dog/cat FX Person or domestic animal while on public property was chased or approached by the above dog/cat in apparent attitude of attack without provocation F]The above said dog/cat has on the following dates in the past, attacked persons or other domestic animals without provocation Daterrime: ICR: Date/Time: ICR: Dated: 06/18/2022 13:37:00 Officer/ Badge #: Miller, Justin D ZPDO0164 cc: City of Andover Anoka County Sheriffs Office cc: Dog Owner Client ID: 18262 Client Name: Mya Smith Address: 2849 142th Ln NW Andover, MN 55304 Phone: Tag Number: 010054 Lot Number: 12670 Rabies Vaccine Producer: Meriel K / MLV / R: Killed Virus COON RAPIDS PET HOSPITAL, P.A. 2032 COON RAPIDS BLVD. 1�/) COON RAPIDS, MN 55433 (763)755-2570 Rabies Certificate Patient ID: 18262-1 Patient Name: Jaxx Species: CANINE Breed: PITBULL Sex: Spay Color: Markings: Birthday: 07/13/2019 Weight: 86.00 pounds on 6/28/2022 Microchip ID: Vaccination Date: 6/28/2022 Expiration Date: 6/28/2025 Staff Name: Kristin Lindquist, D.V.M. License Number: 09804 - ANLb 6 W ii0l � 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV June 21, 2022 Mya Smith 2849 142nd Lane NW Andover, MN 55304 Dear Ms. Smith: Your Pitbull Jaxx has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident on June 18, 2022. In the event your dog again aggressively attacks, bites, or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including possible abatement. All dogs in the City must be licensed with the city. Our records indicate that your dog is not city licensed. If your dog is not licensed within 7 business days from the date of this letter, you will be issued a citation by the Sheriff s Office. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. As the owner of a "potentially dangerous" dog you are required by State Statute 347.515 to: 1. Implant a microchip for identification in the potentially dangerous dog within 30 days of receipt of this notice. 2. You are required to provide the City with the name of the microchip manufacturer and identification number of the microchip by July 21 2022 If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog's owner. If you choose to have your dog euthanized, please provide the city with a copy of the paperwork from the vet. If you choose to relocate your dog to another jurisdiction, please provide the city with a notarized letter indicating the name, address and phone number of where the dog was relocated. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, Michelle Harmer Deputy City Clerk CC: Property Owner Enclosure AIND OVER`' 1685 Crosstown Blvd. NW Andover, MN 55304 www.andovermn.gov No. :2022-00195 Date : 06/30/2022 Name of Licensee Smith, Mya 2849 142ND LN NW ANDOVER, MN 55304 - Premise Address 2849 142ND LN NW License Period 6/30/2022 THRU 6/28/2025 In accordance with provisions of the CITY OF ANDOVER Ordinance(s) the above-named licensee is granted the following license(s): License Type Dog License 36/2025 Amount PITBULL GRAY FEMALE JAXX 010054 Dog License 18.00 Total Fee Paid 18.00 This Certificate of License is hereby issued conditioned that said licensee shall comply with all the requirements set forth in the City code and the laws of the State of Minnesota. A License issued under this Certificate may be suspended or revoked for violations thereof. PLEASE POST IN A CONSPICUOUS PLACE D Y ��%%0 F OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV August 25, 2022 Mya Smith 2849 142nd Lane NW Andover, MN 55304 Dear Ms. Smith, According to our records you have not provided the microchip information for your "potentially dangerous" dog Jaxx. A letter dated June 21, 2022 indicated a microchip is required by State Statute. You have until September 7, 2022 to provide the information to the city. Failure to provide the information will result in a citation being issued by the Anoka County Sheriff's Office and this matter will be turned over to the City Attorney for further prosecution. Any person who shall violate any provision of this code shall be guilty of a petty misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Feel free to contact me with any questions 763-767-5107. Sincerely, Michelle Hartner Deputy City Clerk Enclosure aF,es Stya Case Number: 22286961 Anoka County Sheriffs Office Incident Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Event: Description of Incident: DANGEROUS ANIMAL Address: HEATHER ST NW / 142ND LN NW City: ANDOVER State: MN Zip Code: 55304 Start Date/Time: 12/27/2022 19:23 SHERIFp �;�1 Date Reported: 12/27/2022 End Date/Time: 12/27/2022 20:14 Time Dispatched: 19:26 Time Arrived: 19:59 Time Cleared: 20:14 Summary: Responded to the location in regards to a report of a female and her dog who were attacked by two aggressive dogs. See narrative for further details. Photos Available: YES Evidence Collected: NO Offense(s): Squad Video Available: YES RFLE Completed: NO Offense: M - 5.1A.6.D AND -NUISANCE DOG -DOG BITE Offense: ANIMCOMPLOTH ANIMAL COMPLAINT- ALL OTHERS Offense: DANGANIMPOT DANGEROUS ANIMAL -POTENTIAL Suspect(s): Body Cam Video Available: YES Last Name: SMITH First Name: MYA Middle Name: JEANETTE Date of Birth: 10/07/1985 Age: 37 Sex: FEMALE Address: 9240 UNIVERSITY AVE NW Apt #: 107 City: COON RAPIDS State: MN Zip Code: 55448 Cell Phone: i Work Phone: Arrested: NO Statement Taken: NO Person(s) Involved: Last Name: MCLEVIS First Name: LISA Middle Name: MARIE Incident Involvement Type: PERSON MENTIONED Date of Birth: 03/20/1978 Address: 2938 141 STAVE NW City: ANDOVER State: MN Cell Phone: Statement Taken: NO Last Name: HENDERSON Age: 44 Sex: FEMALE APT#: ZIP: 55304-3727 First Name: MARIAH Incident Involvement Type:.PERSON MENTIONED Middle Name: JADE Page 1 of 3 Fes Sty _ )ss�cnroF'�r I Case Number: 22286961 Date of Birth: 06/14/2008 Anoka County Sheriff's Office Supplement Report \� 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Age: 14 Sex: FEMALE Address: 2849 142ND LN NW APT#: City: ANDOVER State: MN ZIP: 55304 Cell Phone: r Statement Taken: NO Narrative(s): Title: ORIGINAL OFFICER NARRATIVE Date Reported: 12/27/2022 On 12/27/22 I, Deputy Hoefs responded to the area of Heather ST NW and 142nd LN NW in regards to a report of a female who had been attacked by a dog. Upon arrival, I located the involved female Lisa Mclevis at her home at 2938 141st AVE NW. Mclevis reported that she had been walking her dog Goldie a two year old lab mix gold in color in the area of 142nd LN NW and Heather ST NW. Mclevis reported that as they were walking two pit bulls that were being walked by their owner in the area broke away and approached her and Goldie. Mclevis reported that the two pitbulls knocked her to the ground and then began to bite and attack Goldie. Mclevis stated that after kicking and struggling with the dogs she was able to separate herself and Goldie from the dogs. Mclevis stated that during the struggle the owner of the pitbulls had failed to take any action to control them whatsoever. Mclevis stated that following the incident she returned home. Mclevis stated that she had not sustained any injuries but that Goldie had multiple puncture wounds to her face as a result of the attack. I took pictures of Goldie's injuries and uploaded them using iCrimefighter. Mclevis and her husband stated that they had observed multiple past incident with the pitbulls not being controlled and directed me to 2849 142nd LN NW where the pitbulls and their owner reside. I responded to the location and attempted to make contact with the dog owner. I was unable to make contact with anyone at the location and did not observe the dogs on the property. I was able to locate multiple past reports involving the pitbulls at the location and identified the owner of the dogs as Mya Smith. I made multiple attempts to contact Smith by phone but was unable to reach her or leave a voicemail. I left contact information at the scene requesting Smith follow up as soon as possible so that I could collect complete information on her dogs and their vaccination records so that a potentially dangerous dog form could be completed. Following the incident I issued citation #020022105247 to Smith due to her pitbulls biting Mclevis's dog Goldie. The citation was mailed to Smith's home address. Nothing further. Clear. Awaiting follow up. Deputy Hoefs #335 JP01042023 CC: CITY OF ANDOVER, ANDOVER CITY ATTY Title: FOLLOW-UP INVESTIGATION Body Cam Video Available: YES Squad Video Available: YES Photos Available: NO Statement Taken: NO On 01/02/23 I, Deputy Hoefs spoke by phone with Mya Smith regarding the animal complaint on 12/27/22. Smith advised me that at the time of the incident her daughter Mariah Henderson was walking their dogs. Smith stated that when Mariah and the dogs came into closer proximity with Mclevis her dogs got excited and broke free from Mariah's control at which point they knocked Mclevis to the ground and her dog was bit. Smith identified the dogs as a 2 year old Dogo Argentino named Tahtah and a 3 year old Pitbull named Jaxx. I confirmed that the dogs were vaccinated and discussed ACSO procedures related to animal complaints with Smith. After collecting complete information on Smith's dogs I completed a potentially dangerous dog form. Nothing further. Clear. Deputy Hoefs #335 Page 2 or 3 Case Number: 22286961 JP01042023 Officer(s): Involvement: SUPPLEMENTING Involvement: REPORTING Anoka County Sheriff's Office Supplement Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Deputy Name: Hoefs, Matthew A ZPDO0486 Deputy Name: Hoefs, Matthew A ZPDO0486 NSH f\ IFF IaW LW,YT Date Reported: 12/27/2022 Date:01 /02/2023 15:49 Date: 12/27/2022 20:29 Page 3of3 Date of Notification: 01/02/23 0 NOTICE OF "POTENTIALLY DANGEROUS DOG' Name of Owner: MYA JEANETTE SMITH Address: 2849142" LN NW ANDOVER MN 55304 Home Phone: ICR: 22286961 Date of Birth: 11/07/1985 Cell Phone: NameofDog: JAXX Breed: DODGOARGENTINO Color. WHITE/GREY Sex: El ®F ❑ Yes Neutered/Spayed: ® No Age: 3 ® Person or domestic animal was bitten by above dog. ® Person or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack without provocation. ® The above said dog has on the following dates in the past, attacked persons or other domestic animals without provocation. Date: 06/18/22 Time: 11:53 Date: Time: Dated: 01/02/23 Signed By: MATTHEW HOEFS Name ICR: 22130587 r" CC: City of Andover cc: Dog Owner Anoka County Sheriff's Office Title \S NOTICE OF "POTENTIALLY DANGEROUS DOG' Date of Notification: 01/02/23 ICR: 22286961 Name of Owner: -MYA JEANETTE SMITH Date of Birth: 11/07/1985 Address: 2849142N°LN NW ANDOVER MN 55304 Home Phone: Cell Phone: Name of Dog: TAHTAH Breed: DODGO ARGENTINO Color Sex: ❑ M F ❑ Yes Neutered/Spayed: ❑ No Age: 2 ® Person or domestic animal was bitten by above dog. ® Person or domestic animal while on public property was chased or approached by the above dog in apparent attitude of attack without provocation. ❑ The above said dog has on the following dates in the past, attacked persons or other domestic animals without provocation. Date: _ Time: — ICR: Date: Time: ICR: Dated: 01/02/23 Signed By: MATTHEW HOEFSDeputy Name Title cc: City of Andover cc: Dog Owner Anoka County Sheriff's Office . 3) '.:1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV January 9, 2023 Mya Smith 2849 142nd Lane NW Andover, MN 55304 Dear Ms. Smith: We have several police reports regarding your dogs running at large. This continues to be an ongoing issue. You are required by City Code to have control of your dogs at all times. Failure to comply is considered a nuisance violation. City Code 5-1A-6 three or more established violations could result in abatement of the dogs Dogs Jaxx and TahTah are deemed potentially dangerous. In the event your dog again aggressively attacks, bites, or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including possible abatement. Any person who shall violate any provision of this code shall be guilty of a petty misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please contact me at 755-5100. Sincerely, Michelle Hartner Deputy City Clerk CC: Property Owner Enclosure 1. /• 'h •� ' r'l,`a I. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV January 9, 2023 Mya Smith 2849 142°a Lane NW Andover, MN 55304 Dear Ms. Smith: Your Pitbull TahTab has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where the dog attacked a woman and another dog December 27, 2022. In the event your dog again aggressively attacks, bites, or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including possible abatement. All dogs in the City must be licensed with the City. Our records indicate that your dog is not city licensed. If your dog is not licensed within 7 business days from the date of this letter, you will be issued a citation by the Sheriff s Office. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. As the owner of a "potentially dangerous" dog you are required by State Statute 347.515 to: 1. Implant a microchip for identification in the potentially dangerous dog within 30 days of receipt of this notice. 2. You are required to provide the City with the name of the microchip manufacturer and identification number of the microchip by February 9 2023. If the microchip is not implanted by the owner, it may be implanted by the animal control authority. In either case, all costs related to the purchase and implantation of the microchip must be borne by the dog's owner. If you choose to have your dog euthanized, please provide the city with a copy of the paperwork from the vet. If you choose to relocate your dog to another jurisdiction, please provide the city with a notarized letter indicating the name, address and phone number of where the dog was relocated. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, Michelle Hartner Deputy City Clerk Anoka County Sheriff's Office ��j aIncident Report 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Case Number: 23102067 Date Reported: 05/07/2023 Event: Description of Incident: VICIOUS DOG Address: 2905 142ND LN NW City: ANDOVER State: MN Zip Code: 55304 Start Date/Time: 05/07/2023 12:42 End Date/Time: 05/07/2023 14:42 Time Dispatched: 12:44 Time Arrived: 14:08 Time Cleared: 14:23 Summary: Received a phone call regarding a vicious dog report. Information was documented. See narrative for further information. Deputy Klungseth #327 Photos Available: NO Evidence Collected: NO Squad Video Available: NO Body Cam Video Available: YES RFLE Completed: NO Offense(s): Offense: M - 5.1A.5.A.1 AND -CONTROL OF ANIMAL -DOG BITE Person(s)Involved: LLast Name: SMITH First Name: MICHAEL Middle Name: STANTON Incident Involvement Type: COMPLAINANT Date of Birth: 12/26/1962 Age: 60 Sex: MALE Address: 2905 142ND LN NW APT#: City: ANDOVER State: MN ZIP: 55304 Cell Phone: Statement Taken: NO Last Name: SMITH First Name: MYA Middle Name: JEANETTE Incident Involvement Type: PERSON MENTIONED Date of Birth: 10/07/1985 Age: 37 Sex: FEMALE Address: 2849 142ND LN NW APT#: City: ANDOVER State: MN ZIP: 55304 Cell Phone: Work Phone: Statement Taken: NO Narrative(s): Page 1 of 2 Anoka County Sheriff's Office Supplement Report J n 13301 Hanson Blvd NW, Andover, MN 55304 Phone: 763-324-5000 Case Number: 23102067 Title: ORIGINAL OFFICER NARRATIVE Date Reported: 05/07/2023 On 05-07-2023 at 1244 hours I, Deputy Klungseth received a phone call from a male identified as Michael Stanton Smith (DOB/12-26-1962). Stanton stated he lives at 2905 142nd Ln Nw and around 1030 this morning a male that lives at 2849 142nd Ln Nw was walking two vicious Pitbulls. Stanton stated the brown Pitbull got away from the male that was walking him and started chasing Stanton, but he was able to just barely get inside his house before getting bit. Stanton stated he has video surveillance around his property so he has the incident recorded. Stanton stated there have been several similar reports regarding the same dogs and nothing is ever done. I looked up the address and observed the owner of the dogs was a female identified as Mya Jeanette Smith (DOB/11-07-1985). Stanton expressed his concern for his safety among the neighborhoods safety. I advised him legally I could not go take the dogs at this time. Stanton became upset and expressed it was hard to believe someone will have to get hurt before anyone can do anything. I advised Stanton I would attempt to contact Smith and have a conversation with her about her dogs. I tried calling Smith using two different phone numbers and was unsuccessful and could not leave a voicemail. I observed several reports in County Records regarding similar vicious dog reports including a SWAT search warrant and one of the dogs attempted to bite a SWAT member. See ICR 23-060665, 22-86961, 22-212113, 22-180119, 22-130587 for further information. I completed a potentially dangerous dog form. Please forward to Andover City Hall. No further action taken. End of report. Nothing further. Clear. Klungseth #327 hb 5/9/23 CC: City of Andover Officer(s): Involvement: REPORTING Deputy Name: Klungseth, Marnae ZPDO0528 Date:05/07/2023 14:41 Squad #: 401 Page 2 of 2 Anoka County Sheriffs Office 3 13301 Hanson Blvd NW Andover, MN 55304 I 763-324-5000 - Case #:23121647 Incident #: 23121647 Event 2905 142ND AVE NW ANDOVER, Minnesota 55304 Description of Incident: DOG BITE Photos Available: YES Squad Video Available: YES Body Cam Video Available: YES Evidence Collected: NO RFLE Completed: NO Reported Date: 05/27/2023 21:08:37 Time Assigned: 21:09 Time Arrived: 21:14 Time Cleared: 22:00 Incident Start Date: 05/27/2023 21:08:37, Incident End Date: 05/27/2023 22:00:00 Latitude: 45.228965 - Longitude: -93.339598 Exceptional Clearance: NOTAPPLICABLE Disposition: Zip Code: Case Summary: Driver's License Number: I responded to the location for a report of a male party having a panic attack after his dog was attacked by another dog. See narrative Deputy Blake Petnch Confidential?: No CPerson Mentioned Data (2) SRI ITH, MYA J EAN ETTE DOB: 10/07/1985 Age: 37 Sex: FEMALE Race: Ethnicity: Height: 503 Weight: 135 Eye Color: BROWN Hair Color: BLACK Statement Taken: NO Address: 2849 142ND LN NW City: ANDOVER State: Minnesota Zip Code: 55304 Driver's License Number: Driver's License State: Minnesota Home Phone: Work Phone: Cell Phone: l Printed On05/30/2023 Page 1 of 4 Printed By Wellman, Kelly Anoka County Sheriffs Office 13301 Hanson Blvd NW Andover. MN 55304 763-324-5000 Case #:23121647 KUEMPEL, JON JAMES DOB: Age: Sex: Ethnicity: Height: Weight: Eye Calor: Statement Taken: Address: City: State: Zip Code: Driver's License Number: Driver's License State: Home Phone: Work Phone: Cell Phone: 07/28/1969 53 MALE 602 325 BROWN NO 2905142ND AVE NW ANDOVER Minnesota 55304-3236 Minnesota ANIMBITEDOG ANIMAL- DOG BITES UCRINIBRS Code: Reportable: Location Type: AttemptedlCompleted: Offender Suspected of Using: Bias Motivation: Weapon Types: Offenses (2) 999 NIBRS non -reportable Highway/Road/Alley Completed Not Applicable NONE DANGANIMPOT DANGEROUS ANIMAL - POTENTIAL UCRINIBRS Code: 999 NIERS non -reportable Reportable: Location Type: AttemptedlCompleted: Offender Suspected of Using: Bias Motivation: Weapon Types: Highway/Road/Alley Completed Not Applicable NONE MA Incident #: 23121647 A �cee� Printed OnO5130/2023 Page 2 of 4 Printed By Wellman, Kelly Anoka County Sheriffs Office 13301 Hanson Blvd NW Andover, MN 55304 763-324-5000 Case #:23121647 Vehicle 0 Status: Property ClassNehicle Type: License Plate Number: License Plate State: Vin: Serial: Property (0) Property Ciass, Narrative 1) ORIGINAL OFFICER NARRATIVE Petrich, Blake zpd00713 Incident* 23121647 05/27/2023 I was dispatched to the location for a report of a male party having a possible heart attack. Dispatched advised that the male was walking his dog and his dog was attack by another dog. Due to this, the male, Jon Kuempel, began having heart attack symptoms. Upon arrival, I met with Jon who was having a hard time breathing. After being checked out by Allina, it was determined that Jon had a panic attack. Jon stated that he was walking his dog, Gunner, in the street and a different dog pushed the front door of the house open and ran out into the street and attacked Gunner. Jon stated that he was able to get the other dog off Gunner and get home before having to call 911 for his medical issues. Jon stated that he knew who the dogs owners were and knew the dogs name was Jacks as he stated the dog at that location has been a problem in the past. Prior to clearing Jon's residence, Mya Smith, the owner of the other dog walked over and check to make sure Jon was okay. I spoke with Mya and got her and her dogs information and advised that due to the past issues with the dog and the new incident that the dog would be going to the Coon Rapids Humane Society for a 10 day quarantine. Mya cooperated and her dog, Jacks was placed into the back of CSO Korth's squad and transported to the Coon Rapids Humane Society. I filled out a potentially dangerous dog form. Printed On05/30/2023 Page 3 of 4 Printed By Wellman, Kelly Anoka County Sheriffs Office 13301 Hanson Blvd NW Andover, MN 55304 763-324-5000 Case #:23121647 Mya provided me with up to date rabies records. See iCrimefighter for photos. CC: City of Andover Clear Deputy Blake Petrich Incident M 23121647 Officer 2) REPORTING Officer: Petdch, Blake (zpd00713) 05/27/2023 21:59:00 Squad #: 444 APPROVING Officer: Nelson, Justin E (2P000170) Squad #: 05/28/2023 00:23:41 00 9 Printed 0n05/30/2023 Page 4 of 4 Printed By Wellman, Kelly wl It t a 44 6 a i I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.AN DOVE RM N. GOV May 31, 2023 Mya Smith 2849 142nd Lane NW Andover, MN 55304 Dear Ms. Smith: This notice is to inform you a hearing has been scheduled for June 6, 2023, at 7:00 p.m. at Andover City Hall to consider classifying your Pitbull, Jaxx as a "Dangerous Dog". The City Council shall hear such facts, as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify your dog as a dangerous dog. If you would like to submit a statement to me to be distributed to the Council, please do so by 12:00 p.m. Monday, June 5`h I have enclosed a copy of City Code 5-1 for your review. If you have any questions, please feel free to call me at 763-767-5110. rely, 'm Dickinson Ci Administrator i.dickinson(@,,andovermn.gov Enclosure D�o Y 0 F O ` V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.AN DOVE RM N.GOV Signature of Recipient Once notice is delivered please record the following: Date: Timeserved: ,350 Who notice was served to: / " I 0 a J YY\ � Ij Gs0 �;?, �drwuii Deputy/CSO Signature Please return this information to City Hall, attention: Michelle Harmer 'MrrANDOVE^ 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV May 31, 2023 Jeffrey Weinman 2849 142°d Lane NW Andover, MN 55304 Dear Mr. Weinman: This notice is to inform you a hearing has been scheduled for June 6, 2023, at 7:00 p.m. at Andover City Hall to consider classifying Mya Smith's Pitbull, Jaxx as a "Dangerous Dog", said dog is licensed to your property at 2849 142°d Lane NW. The City Council shall hear such facts, as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify your dog as a dangerous dog. If you would like to submit a statement to me to be distributed to the Council, please do so by 12:00 p.m. Monday, June 5t". I have enclosed a copy of City Code 5-1 for your review. If you have any questions, please feel free to call me at 763-767-5110 ely, C Ji-D'ickinson City Administrator Enclosure rd 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Signature of Recipient Once notice is delivered please record the following: Date: Time served: Who notice was served to: Deputy/CSO Signature Please return this information to City Hall, attention: Michelle Harmer CHAPTER1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS SECTION: 5-1A-1: Definitions 5-1A-2: Dog Licensing Requirements 5-1A-3: Number of Dogs and Cats Restricted 5-1A-4: Dog Enclosures 5-1A-5: Dog Kennels 5-1A-6: Nuisance Dogs and Cats 5-1A-7: Potentially Dangerous Dogs and Cats 5-1A-8: Dangerous Dogs and Cats 5-1A-9: Impoundment and Redemption Privileges 5-1 A-10: Enforcement Officials 5-1A-11: Citations 5-1A-12: Violations; Penalties 5-1A-1: DEFINITIONS: ANIMAL SHELTER: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. BITING DOG: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner. DANGEROUS DOG/CAT: Any dog/cat that has: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property. B. Has killed a domestic animal without provocation while off the owner's property. 61) C. Has been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. DOG ENCLOSURE: An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6) in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4") in thickness shall be present that covers the inside and perimeter of the enclosure. FREQUENT BARKING: Barking intermittently for 30 minutes or more. HABITUAL BARKING: Barking for repeated intervals of at least five minutes with less than one minute of interruption. KENNEL; Any place where a person accepts dogs from the COMMERCIAL': general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2. KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 4. NUISANCE: It shall be considered a nuisance for any animal: See also section 12-2-2 of this code, definition of "dog kennel, commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" 4 See title 12, chapter 7 of this code for fence requirements and restrictions. A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, nature preserves, open spaces, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, cooperation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody or control of an animal. POTENTIALLY DANGEROUS DOG/CAT: Any dog/cat that: A. When unprovoked, inflicts bite(s) on a human or domestic animal on public or private property. B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack. C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE: Securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. SUBSTANTIAL BODILY HARM: Bodily injury that involves a temporary but substantial or temporary disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member. UNPROVOKED: The condition in which an animal is not purposely excited, stimulated, agitated, or disturbed. 5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. D. License Fee; Expiration Of License: The license fee shall be in such amount as set forth by ordinance and shall expire in accordance with the date shown on the license receipt. E. Nonresidents Exempt: This section shall not apply to nonresidents of the city; provided, that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. F. Revoked Licenses: Any person who owns, keeps or harbors or is in physical custody of any dog within the city, for any period of time, which dog has had its license revoked, shall be in violation of this article. 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in any one -family residence unit or place of business except pursuant to Section 5-1 A-13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one -family residence unit or place of business that is located on a parcel of land two and one-half (2.5) acres or less. 5-1A-4: DOG ENCLOSURES: A. Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. B. Screening: Dog enclosures must be screened from view of adjacent property. C. Location: A dog enclosure shall not be placed closer than forty feet (40') from an adjacent residential dwelling or principal structure and at least ten feet (10') from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4 single-family urban district, no dog enclosure shall be placed in the side yard. D. Sanitation Requirements: No person shall permit feces, urine, or food W scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. E. Applicability And Effect Of Provisions: This section shall be applicable to all dog enclosures constructed after July 18, 1995. Any preexisting dog enclosure for which the city receives a complaint that it is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this section by a notice of compliance being given by the City Administrator or his/her duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be a violation of this article. 5-1A-5: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this article and/or the zoning ordinance 1 . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms providec by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs 2 . (6) Method to be used in keeping the premises in a sanitary condition. (7) Method to be used in keeping dogs quiet. 1 See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. (8) An agreement by the applicant that the premises may be inspected by the city at all reasonable times. b. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed in Subsection Ata of this section to protect the health, safety, general welfare and morals of the general public. c. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee that shall be as set in Subsection 1-7-3A of this code. 3. Approval Or Denial Of Licenses: The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in the zoning ordinance. In both cases, the City Council may grant or deny the license. 4. Renewal Of Licenses: All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee, which annual license fee shall be in such amount as set forth by ordinance. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private/Commercial Kennel Licenses: A minimum of two and one-half (2.5) acres in a residentially zoned district is required for a private/commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private/commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. a. Private Kennel License: Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. b. Commercial Kennel License: A commercial kennel license may be revoked by the City Council by the procedure established and 0o defined in the zoning ordinance. B. Kennel Regulations: Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this article, or any health or sanitary regulation of the city, at all reasonable times. 5-1A-6: NUISANCE DOGS AND CATS A. Obligation to Prevent Nuisances: It shall be the obligation and responsibility of the owner or custodian of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. B. Control of Animal: No restriction imposed by Section 5-1A-6 of this article shall prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by an individual or accompanied by and under the control and direction of an individual so as to be effectively restrained by command as by leash. Dogs or cats that are in city parks, open space areas, nature preserves, or are on or directly adjacent to athletic fields must be leashed. Owners are required to clean up and dispose of their pet's excrement. C. Muzzling Proclamation: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, shall be considered a nuisance, and the owner of such dog shall be subject to the penalty hereinafter provided. D. Nuisances Prohibited: No dog or cat shall be permitted to be a nuisance within the limits of the city. Any person, who owns, keeps, harbors or is in physical control of a dog or cat that is a nuisance shall be in violation of this article. E. Abatement of Nuisance Conditions: 1. Nuisances Subject to Abatement: The following are declared nuisances subject to immediate abatement by resolution of the City Council: a. Any dog/cat that has, without provocation, inflicted "substantial bodily harm" as defined by Minnesota State Statute; or b. Any dog/cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as ,.established" by the City Council, or which results in conviction in a court of competent jurisdiction; or c. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon prior incident, that the dog/cat is a "dangerous dog/cat" as defined by this article. 2. Placement On Council Agenda: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. 3. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. 4. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: a. The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty -(30) days of the order shall be assessed against the owner's property. b. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. c. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive relief and may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order F. Summary Destruction of Certain Dogs: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. 5-1A-7: POTENTIALLY DANGEROUS DOGS AND CATS: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriffs Deputy, animal control officer, or other duly authorized person, occurred under circumstances which would justify the classification of the dog/cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog/cat, in writing, that the dog/cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the city may declare the dog/cat to be a dangerous dog/cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog/cat to the City Clerk. 5-1 A-8: DANGEROUS DOGS AND CATS: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a dangerous dog/cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog/cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a dangerous dog/cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1A-1 of this article, definition of the term "dangerous dog/cat', have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog/cat is classified as a dangerous dog/cat, the following shall apply: A. The owner of the dog/cat shall be notified in writing and by certified mail or personal service, that the dog/cat has been classified as a dangerous dog/cat and shall be furnished with a copy of the resolution. l� B. If the dog/cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shall be notified that the dog/cat license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog/cat, or makes the dog/cat available for the taking of photographs by city staff for insertion in the permanent files. C. The City Clerk shall maintain a permanent file of all dogs/cats classified as dangerous dogs/cats indexed under the owner's name. D. No person may own a dangerous dog/cat in the city unless the owner complies with this section. The animal control authority of the city may charge the owner an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration for a dangerous dog/cat under this section. A dangerous dog/cat registered under this section must have a standardized, easily identifiable tag identifying the dog/cat as dangerous and containing the uniform dangerous dog symbol, affixed to the dog/cat's collar at all times. The owner of the dangerous dog/cat must comply with the following provisions and present sufficient evidence of compliance with them: 1. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearly visible warning sign that there is a dangerous dog/cat on the property, including a warning symbol to inform children; and 2. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. 3. The owner has paid an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration from the city for a dangerous dog/cat. U 4. The owner has had microchip identification implanted in the dangerous dog/cat as required under Minnesota Statues Section 347.515. 5. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. If the dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. 6. The animal control authority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog/cat is not maintained in the proper enclosure; 4) the dog/cat is outside the proper enclosure and not under physical restraint of a responsible individual; 5) the dog is not sterilized within 30 days, pursuant to city code section 5-1A-11 A 4.j. If the owner of a dog/cat is convicted of a crime for which the dog/cat was originally seized, they may order that the dog/cat be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog/cat. 7. If the animal control authority for the city issues a certificate of registration to the owner of a dangerous dog/cat, the animal control authority requires posting of the owner's property with a warning symbol to inform children that there is a dangerous dog/cat on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. U 8. An owner of a dangerous dog/cat must renew the registration of the dangerous dog/cat annually until the dog/cat is deceased. If the dog/cat is removed from the city, it must be registered as a dangerous dog/cat in its new jurisdiction. 9. An owner of a dangerous dog/cat must notify the animal control authority of the city in writing of the death of the dog/cat or its transfer to a new location where the dog/cat will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog/cat's death or disposition or the complete name, address, and telephone number of the person to whom the dog/cat has been transferred or the address where the dog/cat has been relocated. 10. The animal control authority of the city shall require a dangerous dog/cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may seize the dog/cat and have it sterilized at the owner's expense. 11.A person who owns a dangerous dog/cat and who rents property from another where the dog/cat will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog/cat that will reside at the property. 12.A person who transfers ownership of a dangerous dog/cat must notify the new owner that the animal control authority has identified the dog/cat as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number. E. All provisions of Minnesota State Statute Sections 347.54, 347.541, 347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure, disposition of seized animals, restrictions on dog ownership, penalties, and destruction of dogs in certain circumstances. F. The following are exceptions to the dangerous dog/cat classification: 1. The provisions of this section do not apply to dangerous dogs/cats used by law enforcement officials for official work. 2. Dogs/cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. G. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. 5-1A-9: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any "officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog/cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog/cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that any human being has been bitten by any dog/cat within the city, he/she shall ascertain the identity of such dog/cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such dog/cat as required herein. If in the opinion of such peace officer, dog/cat catcher, or other authorized person, the owner of such a dog/cat cannot or will not so impound the dog/cat, such peace officer, dog/cat catcher, or other authorized person shall transport such dog/cat to the pound under contract to the city. Any dog/cat so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog/cat bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog/cat, if such owner can be found, which costs shall be as stated for impounding and confinement elsewhere in this article. b. Upon learning that a dog/cat has bitten a human being, the peace officer, dog/cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him/her of the place where the dog/cat is impounded. It shall be the duty of the City Health Officer to inspect said dog/cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog/cat may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog/cat is kept at all reasonable hours, and may take possession of the dog/cat and confine it at such place as he/she deems appropriate at the expense of the owner. c. If an owner has impounded a dog/cat pursuant to the request of a peace officer, dog/cat catcher, or other authorized person, the owner shall promptly transport said dog/cat to the pound under contract to the city for the purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog/cat catcher or other authorized person to transport the dog/cat to the contract pound, the owner shall be in violation of this article. B. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CAT. Date , 20 To whom it may concern: We have this day taken up and impounded in the pound of the city at , a dog/cat answering the following description: sex color breed approximate age name of owner (if known) Notice is hereby given that unless said dog/cat is claimed and redeemed on or before o'clock_ .M., on the day of , 20—, the same will be sold or humanely destroyed as provided by ordinance. Signed: Animal control officer/city official 2. Written Notice: If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. 3. Effect Of Notices: The date of sale or humane destruction of the dog or cat shall be the sixth day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case, it shall be the following day. C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by contract with the city's animal control officer. Notwithstanding this subsection, the owner shall remain subject to all penalties contained in this article. D. Disposition Of Unclaimed Dogs And Cats: 1. Sale: Any dog or cat which is not claimed as provided in Subsection B of this section, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota state law. All sums received from the sale of dogs or cats under this subsection shall be deposited into the general fund of the city. 2. Destruction: Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the animal control officer. 5-1 A-10: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. 6) 5-1A-11: CITATIONS: The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this article. 5-1A-12: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R A RESOLUTION DECLARING A DOG OWNED BY MYA SMITH, 2849 142nd LANE NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-lA-8. WHEREAS, a Pitbull named Jaxx owned by Mya Smith, 2849 142nd Lane NW, Andover has attacked unprovoked humans or dogs at least three times; and WHEREAS, on June 18, 2022, said dog attached a man on his property; and WHEREAS, on December 27, 2022, said dog attached a female and her dog in the street; and WHEREAS, on May 27, 2023, said dog left its property and attached another dog in the street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare an Pitbull named Jaxx owned by Mya Smith, 2849 142d Lane NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, I Section 5-1A-8. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Mya Smith a copy of the resolution. Adopted by the City Council of the City of Andover this 6`h day of June 2023. CITY OF ANDOVER Attest: Sheri Bukkila — Mayor Michelle Harmer — Deputy City Clerk QD 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 • W W W.ANDOVERMN.GOV TO: Honorable Mayor and City Co i embers CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Develop Dir for 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: June 6, 2023 INTRODUCTION This agenda item is a continuation of a discussion from December 20, 2022. During the December meeting the City Council indicated that the applicant needed to provide a second access for the third phase of development. During a work session meeting the City Council also requested information related to density for phases 1,2, and 3. The applicant has provided extensions for this application and the preliminary plat which expires on July 4's, 2023. 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 Plan" 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 2023 Master Plan: 2020 Master Plan 2023 Proposed Master Plan f 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 I 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 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 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. 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 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 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. Unsuitable Suitable Baas Bonus Base Total Area Area Area Density Devil Proposed Tier (Acres) (Acres) (Acres) (11 lots) (blob) _ Lob 1 31 3 7.7 23.6 9.4 14.1 9 2 31.6 10.3 21.3 BS 17.0 12 3 33.0 11.6 21.4 8.6 217 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 'Bows Base Density. To Qualify. Structure setbacks from the OHWL must be at least 50% greater tltan the mnmun setback, or, • The anpzc on eie waterbody is reduced an equivalent amount through vegetative management. topography, or additional acceptable mins. and me setback is at least 25% greater Iran ft mhsmurn setback j { ,. � - `mase` •g � l t in•w t�Y y'L�GS� 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) F 5 Residential Planned Unit Developments (PVDs) 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 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 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 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 50 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 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. 7 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) ofcity 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 1 % 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 REQUIREMENTS Lot Size/Gross Density 2.5 acres/0.4 units per acre Lot Width 300 feet Lot Depth 150 feet SHORELAND REQUIREMENTS 2.5 acres/0.4 units per acre 300 feet 150 feet 19691 1:�u M 1.5 acres/0.31 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" 7 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 111 -acre" WW TOW° °11=1 i��0Y TOfALIDf1 D w+wAoaco (AMS) i°BI � �(�) u+ on LN U5 sn aTs o.n +n .rns us.aaxi 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 storms 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. 0 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 7th Avenue and potential funding sources. A. The 170' Avenue NW access point would provide for tum 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'h 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. 0 10 B. This access point is for a possible roundabout access at County Road 7 and 165th Avenue. The Southwest Connection Exhibit shows that two options are possible at this time. The red layout shows that it is possible to construct a roadway around the wetland. The darker grey layout would have wetland impacts, but might be able to be constructed in the future as well. The layout will will accommodate either option. C. This is currently a driveway access to the farmsite. With the proposed connection to 170'h, this will remain as the driveway to the farmsite and will not operate as an emergency access. 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. 10 7_ r � wS 1'N Ann: VM I iSY e = YN Future Project Efoundwy Phasr Phase 2 hnislre0 � �0n'�.ne eb O MEADOWS tIt . a (�tI Phase 1 rmishcd Pm NI lid I . rte_- _. •.! 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 7th 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. 11 Phase 3 - -- ----zl fr- � 1 Phase ReMt�MpyCry SwTErel GEonYnKsbn Phase 2 hnislre0 � �0n'�.ne eb O MEADOWS tIt . a (�tI Phase 1 rmishcd Pm NI lid I . rte_- _. •.! 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 7th 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. 11 12 Northwest Cul De Sac December 2022 Master Plan 2023 Proposed Master Plan As identified above (left) in December of 2022 the applicant proposed to have a temporary cul de sac. Tonight the applicant is proposing to have a connection to 170" Ave NW. 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. 12 13 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. 13 .. r . Shoreland Overlay - Item Dwelopment '--'-'— Gross Developable Area 139.3 acres Net Developable Area 9/.1 acres Open Space Area 73.7 apes U - - g Number of Lots 45 ,� yPercent Open Space in Shoreland Oveday District 53% ._egend 53% Open Space - waterbody. sWeland setback. wetlands, - wetland buffers, dedicated parb'open space Trail Connection to open space Parlung for Marten Meadows _ - Phas i1 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. 13 14 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. DENSITY Upon request by the City Council the applicant provided a PUD Density Exhibit. This exhibit provides the current density of Phase 1,2 and 3. This equates to .398. Please keep in mind that as part of the PUD the density is evaluated as a total project and has not in the past been evaluated upon density of the phases. The purpose of looking at the overall density of the entire project is due to the PUD "running" with the land and is considered a land entitlement. Changes to the PUD require a public process and approval by the City Council. Even if this particular applicant where to stop development, future developers would need to follow the criteria established with this PUD to complete the project and any changes would require action by the City Council. 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 41 motion was unanimous to recommend to approve with an additional contingency of providing a second access to 71 Avenue into the 31 phase of the project. Video to the meeting can be found here: http://octv.orp-/city meetin andover-planning-commission-12-13-2022/ During the Public Hearing, the following comments were received: • 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. 14 15 • 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 1571) to about 1691". • 1651 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 7' 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. • 1651 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. 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 1701 Avenue. • Uncertainty with roundabout at location B. • Find a second access to Phase 3 besides Inca. • Has emergency services reviewed the roadway width? • 1661 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 hica 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? 15 16 • Traffic study shows a tripling in traffic from 2% to 6% of capacity on 165'". • 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 165' and 7' 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 7'" 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 1701 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. 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 16 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 17 um 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 06.01.2023, 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 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 06.01.2023 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 , 2023. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor IM 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 06.01.2023, 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 approval 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 g1] 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. "ile 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 allowingfor 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 allowfor 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 ofthe 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 O 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 1 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 seventypercent (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 06.01.2023 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 June 1, 2023. 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. Phase 3 shall include roadway to 170' Ave NW as shown in plans. 20. Future subdivision of property shall be platted. 21. 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: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor 23 Revise a SUBMITTED TO City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 2q •'�N"` ME4, PREPARED 6 r Landform Professional Services, LLC • 105 Th Ave S, Suite 513 ••.••• ,� Minneapolis, MN 55401 LaMlym`, •,M AhbfmlJ�'N�n{INwee N-[�mN4MUMIdm RafgfieNlf 2LL TABLE OF CONTENTS Introduction..................................................................................................................................................1 PUDAmendment..........................................................................................................................................1 Summary.......................................................................................................................................................9 ContactInformation....................................................................................................................................10 25 25 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 (1u phase) and The Meadows at Petersen Farms (2^e phase) — have been incredibly well-received, with nearly all 70 nearby tots 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 AO 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. (Ali, 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 (1u 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 Fans, Andover, MN LDP17002.003 Revised November 23, 2022 1 z(c 91 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 133-9 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 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 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 (3,^ 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 1701^ 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 selfamposed 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 qualifies that the City desires in PUDs. Our plan is consistent with these requirements, specifically: 1. Achieves efficiency in the provision of streets and Wines and preserves area to achieve the elements of design qualifies described in this chapter. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 3 H] 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, decoragve 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 LDPino2.O113 Revised November 23, 2022 4 2q 7-1 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 -tern 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 fier of a shoreland overlay based on the net land area within a given tier. An exhibit labeled "PUD Development Pian — 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 25010 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 Fame, Andover, MN Revised November 23, 2022 LDP17002.003 5 PS 30 Tabulated Lot Area calculations are shown on sheet C0.2 and CO.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 18Anch 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 stonnwater 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 -desacs 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 comer 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 aftemate 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 forthis 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 170'" 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 terminalion 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.OD3 O 3! 31 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 eventlincident 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 170e 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 uselmaintenance. 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 Her 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 ftoodplains, 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 35 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 hikinglwalking 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 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 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 a 34 314 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@landform.net or 612.638.0250. The Legacy at Petersen Farms, Mdover, MN LDP17002.003 Revised November 23, 2022 10 Vi 36 C I 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: Joe Janish, Community Development Director FROM: David Berkowitz, Director of Public Works/City Engineer�� Jason Law, Assistant City Engineer DATE: June 1. 2023 REFERENCE: Legacy at Petersen Farms/PUD Review #4 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. No longer required as Developer proposing to make second connection to development at 170th Ave. 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 1701h 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 7th Avenue. Once a permanent connection is made to 7th Avenue, the City would vacate easements for the option not constructed. No longer required as Developer proposing to make second connection to development at 170th Ave 4. 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 71h 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. This item has been addressed as identified on the Southwest Connection Exhibit provided by the Developer. 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. Potential future roadway alignment shall be identified as future Right -of -Way or Street, Trail & Drainage and Utility Easement. 6. Additional comments pending further review. 3c0 m 3& 92 CHAPTER 3 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, 8-4-2004) 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. 298,84-2004) 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) 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 L%6 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. F. 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. I. 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 41 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 Liz 13-4-9: PLANNED UNIT DEVELOPMENTS (DUDS)': 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 LIB 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 PUDs) 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 y4 IN 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: a. 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 149 457 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: *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. 46 LEM Sewered General Second And Development Additional Tiers Lakes: On Unsewered First Tier On General Unsewered Development General Lakes; Development Recreational Natural Lakes; Urban, Development Environment Average Agricultural, Lakes; Transition Lakes And Unit Floor r Tributary River And Forested Remote River Area S . Ft. Segments River Segments Segments 200 0.040 0.020 0.010 300 0.048 0.024 0.012 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 0.150 0.075 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. 46 LEM 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 L47 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 48 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 N1 N 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- 66 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 50 60 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, imperious 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 63 9q Joe Janish From: Darren B. Lazan, RLA - _...- Sent: Tuesday, December 13, 202210:46 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 5� R,, 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 1651" Ave NW (CSAH 158) and is between 7'h 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 165'h Ave NW and at the neighborhood access intersection of 165" 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 165' Ave NW and analysis of intersection capacity at the 165'h 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. 556' 14 Q 'IFi/ ru:urc Phases I I ' I I _ �11h Ave N%V STS S. mss. I Phase l sv 2 It • .. 1650 Ave. NW f in 8 Petersen Farms Andover, Minnesota SITE PLAN FIGURE 2 9 ,I # D •. cw...vrnw J�lro.ct y T \ C Poon D{{ �• - _ 0 \ O Q 'IFi/ ru:urc Phases I I ' I I _ �11h Ave N%V STS S. mss. I Phase l sv 2 It • .. 1650 Ave. NW f in 8 Petersen Farms Andover, Minnesota SITE PLAN FIGURE 2 9 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. MnDOTADT 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 165"6 Ave NW. 16506 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 165t1, 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 61h 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 13 > 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. al Page Petersen Farms Andover MN 99 0 T O Q C K SITE «910) gi r11f�1) ,JiC r+(11 L y\�� „o; _ c J > M Ave. NW 165th Ave. NW N 3 ►`! x / / A Petersen Farms EXISTING PEAK HOUR TRAFFIC srs p Andover, Minnesota FIGURE 3 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)' Notes/95th Percentile Queuesz CSAR 7 & 165" Ave NW a/d wb 30.7 WEI queue is.forecast at 36 feet 165o' Ave NW & Inca btNW i a/a nb 0.9 NB queue is forecast at 0 feet 1. LOS and delay reported from StmTraffic. First letter represents intersection LOS, wMie second letter represents worst LOS of individual „m 2. 9S^ percentile queues are a result from an avemge of 10 SimTraffic simulations. Table 2 Existing PM Peak Operations Intersection I Level of Service and Delay (sec)'- Notes/951` Percentile QueueS2 CSi AH 7& 165'' Ave NW a/c (wb 22.0) SBL queue is forecast at 45 feet 105— Ave N w & Inca St NW I a/a (nb 3.8) 1 NB queue is forecast at 9 feet t. LOS and delay reported from SunTmffic. First letter represents intersection LOS, while second letter represents worst LOS of individual ....r. 2. 95° percentile queaea are aresult from m average of 10 SimTraffic 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 165"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 101i Edition of Trip Generationpublished by the Institute of Transportation Engineers (ITE). Table 3 summarizes the trip generation estimates. 61Page Petersen Farms, Andover, MN Fol 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.) 7IPage Petersen Farms, Andover, MN (.0i M aellllllll��a �i�llllll�-�liili� N� ealllllll��a �:IIIIIII�IIIIIII�-111111�111111� N� ealllllll��e"�� �� N� aelllilll��a �,�llllll�_ Illllll�iilil� �� —IIIIIIII�lllllll���—I�lllllll� IIIIIII��-� 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.) 7IPage Petersen Farms, Andover, MN (.0i M I N \ 0 t' ` o Phase r 1 Vases•�/ ♦n .y 0° 9 Ml X TRIP DISTRIBUTION/ASSIGNMENT Petersen Farms Andover, Minnesota FIGURE 4 5.•,p hnM;c Sow4um N 63 r < \ 0 • -wlcl Boon I+ n`SITE- \ — Phase ` i 1 D'al•S Yµ� > s -7th Aye. NW H C X 2021 BUILD / { Petersen Farms qy Andover, Minnesota FIGURE 5 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 2021 Build AM Peak Operations Intersection Level of Service and Dela sec L Notes/9511 Percentile Quell 2 CSA H 7 & 165a Ave NW a/d wb 30.3 WB queue is forecast at 86 feet 165'" Ave NW &Inca St NW ata nb 0.9 NB queue is forecast at 53 feet 1. LAS and delay reported from SinaTrafSc. First letter represents intersection LOS, while second letter represents worst LAS of individual approach. 2. 95th perceatile queues are a result from an average of 10 SiraTmffic simulations. Table 5 2021 Build PM Peak Operations Intersection Level of Service and Dela(sec)'- Notes/95t11 Percentile ueuesz CSAH 7 & 1650' Ave NW a/d wb 31.9 WB queue is forecast at 50 feet I65 Ave N W &Inca St NW a/a sb 4.8 SB ueue is forecast at 42 feet 1. LOS and delay reported from S1nrTmffC. 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 SiraTmffic 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 1651' 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 L4 Table 323. GVkk for LdFTvn Unes on T.*s * -C (,0• A*?" tm-,'M AcY3KvV %W me (rel Aj Opposing I 5% 10 20% 309E " OPPOSJWC SS - 10% 2oSi I JOSE voftnte left left le' Le' v3ke Eek Left Left Left (seh/h) wns ltrls Tvr6 Tva (reh/hI Ti Terns Tunes I Tums li /h Oner>mne Sneed • ' en.n,M es,..,.... ��..,• 600 3% 2G0 15.^: 360 LOC 2% ••• • 600 G•G %5 225 200 60C 3:: KS 23 I 200 + 5W .. LEA 235 23 Gs s:: _ 215 1GS zm 6x _M 3 � MS . _. _ .350 sm 100 7,0 SSS 390 I 3A 100 T+_C 5:5 390 30 a 0-k'n/hoperavYsq 504n,M OPMiO�Speed BOD 260 230 165 I 3351 • SOC 1.'.0 165 US - 600 400 1. _3SC G30 260 SM ir5 2GC 1A fj 230 5S G.X :Si SSC 26C 195 32'-` 2-0 _ SA_ 110 n _ $50 GOC 30C lA ZX 5Y. GOC 3X lap 615 GGS 335 295 EX E:_' :GS 335 19S _ lOP1- W?nYsi SpeeA _ _ I _ 6A .p_hOps —,C Speed B00 250 173 in SS I 5X 23: 3:: 125 115 600 .. GW _ .. MO 290 365 GSG 230 I 2A • 330 160 M 250 340 135 235 1 SOC Stt . X 29C %9 G% Z.-,160 2T 2M -3 250 1aD 515_ I 115 100 505 3T0-.- _21S _ SS i :Y 505 313 275 240 51, - I AASMTU's A Policy on Geo— I- . , 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. i �dd a'q 9 6p rew3r L,"� w town ea Rpt -7M4 LAw YAT ROl 6L waE35'1R7 e0 20 0 w 200 300 ACO 300 600 700 TOLµ Cw.vEiACLES PE9 NOUR.M Ow olec16:R Figure3: Typical Stare Design .!!anal Guideline for Right -Turn Lanes at Unsignalked hileffections on Two-lane High says In this case we have approximately 20 through vehicles and 5 right turning vehicles which again do not satisfy warrants for the installation of a dedicated right turn lane. 11lPage Petersen Farms, Andover, MN (0s (4T 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. i4linimum Recommended Sight Distances Based on Vehicle Maneuver Vehicle Speed (mph) Stopping Sight Distance for len-Turn Slaneuver (feel) Stopping Sight Distance for Crossover and Right -Turn Maneuvers (feet) 15 170 145 20 225 195 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 1W 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 165h 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 Pa g Petersen Farms, Andover, MN 106 20 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 0 V7 Mooed- J\7\ 55TS 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 S2 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 165' Ave NW and at the neighborhood access intersection of 165' 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 111h Edition of Trio 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 duringthe 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. I anle L— Revised AM Peak Hour Operations Intersection Level of Service and Dela (sec)I• Notes/95th PercentileQueues' CSAH 7 & 165' Ave NW a/d wb 30.7 WB queue is forecast at 88 feet 165' Ave NW & Inca St NW a/a (sb 5.1) 1 SB queue is forecast at 53 feet I. LOS and delay reported from SimTmf6c. First letter represents intersection LOS, while second letter represents worst LOS of individual epp,oecn. 2. 95th percentile queues are a result from an average of 10 SimTraffic simulations. (0U Table 3 — Revised PM Peak Hour Operations Intersection Level of Senice and Delay (sec)'- Notes/95" Percentile Queues' CSAH 7 & 165ib Ave NW ab (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 I. LOS and delay reported from Sim'fraffrc. First letter mpmsents macnedion LOS, while second letter represents worst LOS of individual approach. I 95th percentile queues area result from an average of 10 SunTraff c 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. MnDOT ADT counts also show 260 trips occur on 16511 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. and ith the addition of site traffic CSAH 7 will utilize 63 percent of its capacity, and 16511, 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 : -1 or • with any questions. zlpage Petersen Farms, Andover, MN UM V9 70 Peter 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'recglved this Ipessage don t ofjei ggt emad frQrj s#aclYe t[�oinpsoi 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 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 7o -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 lanish 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 1651" and 7u' 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 165u' 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 I City Planner I City of Andover 1685 Crosstown Blvd NW I Andover, MN 55304 Direct: 763.767.5147 1 Fax: 763.755.8923 1 D.hellegersCaandovermn.gov The driveway access to City Hall has changed, please seethe attached map for the changes to the driveway access: httos://www.andovermn.goy/AlertCenter aspx?AID=City-Hall-Parking-Lot-Now-Open-25 From: Thompson, Stacy E Sent: Tuesday, December 6, 202210:15 AM To: PublicComments <publiccomments@andovermn.gov> Cc: Peter Hellegers <p.heliegers@andovermn.gov> Subject: December 13th PZ Meeting Some jteop)e who received this fne�sage don't.tifteh get email frorii stacye thbin so i ontum com learn vy t i is irrfita F TERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when king hyperlinks, downloading pictures or opening attachments, Good morning, 71 7z 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 1651 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.eriffiths0andovermn.eoy 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 dont often get email from umberriaeLearr w {his 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 5o 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 13 PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER I3, 2022 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on December 13, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bert Koehler IV, Nick Loehlein, Scott Hudson, Mary VanderLaan, Wes Volkenant, and Jonathan Shafto Commissioners absent: None Also present: Community Development Director Joe Janish City Planner Peter Hellegers Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 22, 2022 Regular City Planner Hellege oted a change to the minutes on page 2, line 6: change "condition" to "c itional". Mot q9y Loehlein, seconded by Hudson, to approve the November 22, 2022 Regular eting minutes as amended. Motion carries 6 ayes and 1 present (Koehler). PUBLIC HEARING. CONDITIONAL USE PERMIT — AMENDMENTS TO THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO INCORPORATE THE ?`f 7Y Regular Andover Planning and Zoning Commission Meeting Minutes —December 13, 2022 Page 2 THIRD PHASE OF THE PETERSEN FARMS DEVELOPMENT KNOWN AS LEGACYAT PETERSEN FARMS — JD ANDOVER HOLDINGS (APPLICANT) The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council on a Condition Use Permit (CUP)/Planned Unit Development (PUD) amendment for the third phase of the Petersen Farms development known as Legacy at Petersen Farms. Community Development Director Janish identified the location of the development and stated it is not in the MUSA. Phase Three of the development will consist of 33 lots over 75 acres. The area has wetland, flood plain, and shoreline. Mr. Janish provided options for access points and roads. He stated there is no funding for the roundabout (Roanoke/1651' Avenue) and the County will allow a right -in right -out on County Road 7. Mr. Janish explained the County is seeking funding from the Met Council for a roundabout at 1651h Avenue and Th Avenue. Mr. Janish stated Phase Three is in the Shoreland Development area and provides for 51% open space. He stated the Park and Recreation Commission did not have an issue with the reduction in open space and recommended the HOA maintain the open space while the trails are deeded to the City. The Park and Recreation Commission recommended cash in lieu of land for Park Dedication requirements. Mr. Janish displayed a map showing back-to-back 100 -year rain events and stated lots 4 and 5 were impacted and under the minimum lot size. He identified the changes between the original Master Plan and the proposed Phase Three. He stated the applicant is working on the Stormwater Plan which consists of 2000 pages. Mr. Janish announced there were two public comments received via email and an updated transportation plan provided as supplemental items to the Commission. Commissioner Loehlein asked if the .32 average density included future phases. Mr. Janish stated it does include future phases. Commissioner Loehlein asked the average density for the first three phases. Mr. Janish stated some phases may be denser and since it is a PUD, the average is taken over all phases. Commissioner Loehlein stated the applicant is asking for a cul-de-sac that is nearly two times what is allowed in City Code and the Fire Department is asking for emergency access. He asked where the access would be. Mr. Janish identified the potential access and stated it would go through a sensitive area. 75 75 Regular Andover Planning and Zoning Commission Meeting Minutes — December 13, 2022 Page 3 Commissioner Volkenant asked if the existing one -lane farm road would be expanded to a two-lane road. Mr. Janish stated the road would be constructed to City standards and have right -in, right -out access. He stated the plan is to use the farm road as an emergency access and have a gate at the end of the temporary cul-de-sac. Chairperson Godfrey asked at what point will the City forgo Option B and move to Option C. Mr. Janish explained the decision will be made by the City Council, but Engineering has talked about a 20 -year time period to get funding for the roundabout. He stated money will be placed in escrow as part of Phase Three along with easements for drainage, utility, and trails. Commissioner Koehler asked if emergency services have reviewed the length of the cul- de-sacs. Mr. Janish stated the Fire Department is looking for emergency access at location A. He explained D is a permanent emergency access and the Fire Department requested access point C. Mr. Janish stated the applicant had constructed long cul-de-sacs in earlier phases and did not have to provide additional emergency access. Commissioner Koehler noted there are no notes from the Fire Department, however they have weighed in. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:33 p.m. The motion carried by unanimous consent. Darren Lazan, representing JD Andover Holdings, came forward and stated they are looking forward to Phase Three. Phase One and Phase Two were very successful and they are happy with the home builders. Mr. Lazan stated Phase Three will bring $100 million of new improvements to Andover. Mr. Lazan stated the project has received waivers for cul-de-sacs exceeding 500 feet. He stated City Code has the same standard for cul-de-sacs in the urban and rural areas. The rural area will get fewer homes on that length of cul-de-sac. He noted that one cul-de-sac contains 4 lots and the other contains 6 lots, substantially less than an urban cul-de-sac. Mr. Lazan stated the request for emergency access came from a new Fire Chief and the applicant would like to have Phase Three be consistent with the other Phases. He said if the waiver is not approved, they will shorten the length of the cul-de-sac because constructing a road is very expensive and the City of Andover will have to maintain it. Mr. Lazan stated their preference is to have Option B for the access point with a roundabout. He explained Option C will be provided as an emergency access point with the goal of constructing Option B. He noted they are providing easements and escrow for the connection. 7(o 7o Regular Andover Planning and Zoning Commission Meeting 77 Minutes —December 13, 2022 Page 4 Mr. Lazan stated there is one lot that is .75 acres and another that is .99 acres due to the calculation of back-to-back 100 -year events, which occur every thousand years. Commissioner Loehlein stated the long trail along 1701h is not ideal. He would have liked to see the issue of emergency access addressed by the applicant. Commissioner Volkenant asked if the snaking access off the 170th cul-de-sac was discounted. Mr. Lazan explained the process they take from schematics to design, to construction. He stated they made the decision to drop the roadway because it went through a sensitive area, the soil is poor, and it wasn't a critical connection. He stated there is a possibility a connection could be made, and they will provide an easement. Commissioner Volkenant asked if Option B was an extension of the street. Mr. Lazan stated prior to Option B and C being constructed, the farm road will act as a temporary emergency access with a gate at the cul-de-sac. He stated the final connection will be a full City street to either the possible future roundabout or to the east connecting to Th Street. Mr. Lazan stated the developer is providing easements for all three options. He stated all parties agree that a roundabout is the best option. Mr. Janish summarized the two comments received by email. Email 1: Stacy Thompson stated concerns about traffic and near accidents. She wanted a timeline of when the roundabout on County Road 7 would be constructed. Ms. Thompson was also concerned about how well and sewer will impact natural resources. Email 2: Michael Aldrich and Scott Warneke (Timber River Estates) requested future improvements when 170th Avenue is constructed, such as tum lanes. They are requesting the need for corresponding berms. Mr. Janish stated he will respond to the email. He explained the County is responsible for the intersection of 170th and Roanoke and he will share their comments with the County. Mr. Janish stated the City received some phone calls inquiring about the project, but no public comments. Hope Luedtke, 16932 Jivaro Street NW, came forward and stated she has concerns about this project moving forward. She said the assumption is that the 425 acres is owned by the developer and she does not believe it is true. Ms. Luedtke stated a lot of things are being changed under the assumption that future development will occur. She said the 77 Regular Andover Planning and Zoning Commission Meeting 7b Minutes —December 13, 2022 Page 5 roads in Phases One and Two fell short and what is approved tonight may not be what gets built. Ms. Luedtke encouraged the Commission to look at the 2018 plan and see how much it differed from what is presented. She said she would have felt bullied if she was on the Park Commission with the information that was presented and the pressure to make a decision. She suggested the Planning Commission watch the Park Commission meeting before making a decision. Ms. Luedtke understands the area is going to be developed and she wishes there weren't as many lots. She asked the Commission to hit the pause button and let the roundabout be constructed prior to Phase Three. She said it is a matter of when there is going to be another fatality on Th Avenue. Ms. Luedtke does not feel it is smart to only have one way in and out with the number of homes going in. Kelly Gothier, 16451 Makah Street, came forward and stated he has seen fatalities at the intersection as well as near misses. He stated building 33 homes without the roundabout will result in a fatality every year if not every other year. He said the development has one way in and one way out. Mr. Gothier stated people will be dying because the City didn't put in the roundabout first. Bud Holst, 4276 165" Avenue NW, came forward and stated the Transportation Study done in 2019 is not worth the paper it is printed on. Mr. Holst stated the plan made no sense to him in 2020 and makes less sense now. He asked why there was a report on a ream of paper, and the public just received a 12 -minute presentation. He hopes the Commission can slow the development down. Mr. Holst stated they have seen a lot of severe and fatal accidents. He stated there should be more access to County Road 7. Mr. Holst stated the smart thing to do is delay the development for several years until the roundabout is constructed. He suggested the roadways be 60 feet wide instead of 45 feet wide. Adi McDonald, 16927 Jivaro Street, came forward and stated her concerns are for public safety. She asked why there are continuing variances of approval for things that have not been approved of before. Ms. McDonald stated she had to wait 10 minutes because of the construction equipment being moved around due to the homes along Inca. She stated she is a nurse at Mercy Hospital, and it is beyond capacity. She does not want to be the one to get into an accident and wait at the hospital because there isn't space to be seen. Ms. McDonald said Valley Drive looks very different than a year ago because of the new power poles to support the growth. Darren Lazan, JD Andover Holdings, came forward to respond to the public comments. He stated it is typical that a developer does not own the entire 400 acres but purchases them in chunks. He stated the PUD runs with the land, not the developers. Mr. Lazan No Regular Andover Planning and Zoning Commission Meeting 79 Minutes — December 13, 2022 Page 6 stated the Petersen family has signed off on Phase Three. Mr. Lazan stated the Park Commission did not want land, as they don't want any more pocket parks. He addressed the access point and stated there are many options other than going to County Road 7. Mr. Lazan stated the traffic concern is a bigger issue than the development. He explained the County reviewed the plan and stated there is adequate capacity on County Road 7, Mr. Lazan stated the applicant is asking for waivers, not variances. He stated they chose a PUD and it is a proper way to propose this development and go through approvals as is developing according to the standard City Code. Mr. Janish explained the 2000 -page document was related to stormwater information which is tied to the preliminary plat and reviewed by multiple agencies. He stated the Commission receives comments and not the full document. Kelly Gothier, 16451 Makah Street NW, came forward and stated the options provided by Mr. Lazan are miles out of their way to avoid getting killed going out on County Road 7. Hope Luedtke, 16932 Jivaro Street NW, came forward and asked Mr. Janish to display the map supposedly sent to surrounding residents. She asked why Jivaro Street was not on the map. She stated the map with the trails was not on the map sent to residents. Ms. Luedtke stated the developer doesn't own the property for the trail and is using it for marketing. Jason Osberg, JD Andover Holdings, 15356 Yukon Street NW, came forward and stated he is the co -applicant. Mr. Osberg stated Jivaro Street is on the County GIS system on the Anoka County Website. He said they could add Jivaro to the PUD. He stated he met with the McDonalds and the Luedtkes and told them they would be marketing the trails. He explained the map shows the overall master plan for the development. Mr. Osberg stated the marketing materials will show the trail ending at the end of Phase Three, however, the Master Plan will show the full trail. Darren Lazan, JD Andover Holdings, came forward and stated these items are in the PUD and the Petersen's are signors on the application and binding their land with these conditions. He explained the connection to Martins Meadows is shown on the City's Trail Master Plan. Commissioner Koehler asked about the new power lines. Mr. Janish explained Connexus is working on two different projects to handle the growth in Andover as well as growth further north. He stated the lines are larger and carry more power. Mr. Janish stated they '79 Regular Andover Planning and Zoning Commission Meeting O Minutes — December 13, 2022 Page 7 shifted the lines to the other side of the roadway because Anoka County is looking at making roadway improvements in the future. Commissioner Volkenant asked when the 2022 traffic study was conducted. Mr. Lazan stated the original study was conducted in May of 2019 and assumed 12 fewer homes than what was proposed in Phase Two and Three. He explained they took the MNDOT data in 2021 for trip counts and reanalyzed turning movements. They found no difference to adjust to the additional 12 homes. Mr. Lazan stated the County did a similar analysis and reached the same conclusion. Bud Holst, 4276 1651h Avenue NW, came forward and stated the road is foggy in the summer and fall. He asked why they wouldn't put a tube on the street a couple times a year. He said County Road 7 is very busy and dangerous. Mr. Holst asked for a new study and to hold off development, as safety is first. Adi McDonald, 16927 Jivaro Street, came forward and stated she is concerned about the one access point for Phases Two and Three. She stated there are no tum lanes from 1651h to Inca. She said the additional homes using Inca is a concern adding more vehicles to one access point. Motion: by Koehler, seconded by Loehlein, to close the public hearing at 8:38 p.m. Motion carries unanimously. Commissioner Koehler referred to page 18 of the Commission packet, with roadways being narrower. He asked if it has been reviewed by emergency services. Mr. Janish explained the road meets minimum standards for ribbon curbing and asphalt. Commissioner Hudson asked if 1661h Avenue was going to have a permanent cul-de-sac. Mr. Janish stated the City is asking for a cul-de-sac designed to permanent standards, however, there may be an opportunity to extend the road in the future, depending on financial feasibility. Commissioner Hudson asked for the distance from Mahak Street to the cul-de-sac. Mr. Janish stated temporary cul-de-sacs do not count as 500 feet. Commissioner Hudson asked if the County was okay with Option C. Mr. Janish stated the County is okay with Option C, however, prefer a connection to the future roundabout. Commissioner Hudson asked how long the City and County are willing to sit on the roundabout. Mr. Janish stated Engineering indicated a 20 -year time period. Commissioner Hudson asked how the City escrows for road improvements 20 years out. Mr. Janish stated Engineering provides the dollar amount for the applicant escrow. A M Regular Andover Planning and Zoning Commission Meeting 81 Minutes — December 13, 2022 Page 8 Commissioner Hudson stated the intersection is controlled by the County and asked if residents can attend County meetings and have their voices heard there. Mr. Janish responded there are meetings residents can attend at the County level. Commissioner Volkenant stated the County Transportation Committee meetings are twice a month, typically on Mondays at 8:30 a.m. with 2 minutes allowed per person for public comments. Noting the comment about congestion on Inca, Commissioner Volkenant asked if Inca is a wider street than the other streets as it appeared to be on the big fold -out map. Mr. Janish doesn't believe Inca is wider. He stated the problems traversing Inca are the construction equipment for the homes that are being built. Commissioner Volkenant stated homes are under construction, so the City does not have a strong handle on the real traffic flow from Phases One and Two. He asked for a summary of the 2022 Traffic Study. Mr. Janish stated the 2019 Traffic Study was updated by looking at the land use and making assumptions. He explained the traffic study uses standardized trips generated per unit. Mr. Janish stated 63% of the capacity will be reached at full build out. Mr. Janish stated 16511 is at 6% of capacity. Commissioner Volkenant stated the traffic on 16511 has tripled. Mr. Janish explained it has increased, however, there is 94% capacity remaining. Commissioner Volkenant stated he questions the remaining 94% capacity on 16511. Mr. Janish stated the traffic study was created by a licensed professional and they put their license on the line by signing it. Commissioner Loehlein asked Mr. Janish to address why the development can't be delayed until the roundabouts are constructed. Mr. Janish stated there is an application and the City has a time limit on processing it. Chairperson Godfrey asked Mr. Janish to address State Statute and the time limits. Mr. Janish explained the City has 60 days to process the application. He stated the City extended this application an additional 60 days for review. Mr. Janish said the 120 days will expire in early February. The item then goes to the Planning Commission for a recommendation to the City Council. Commissioner Koehler stated traffic is a consistent problem. He said traffic problems exist today and the development is not causing the problem. Commissioner Koehler stated the traffic problem is not before the Commission tonight. Commissioner Koehler asked why the Commission was discussing the cul-de-sac at location A since it isn't in Phase Three. Mr. Janish stated it was on the Master Plan and it so Regular Andover Planning and Zoning Commission Meeting Minutes — December 13, 2022 Page 9 was reviewed by Fire and staff. He stated staff are being proactive and looking at acquiring easements in this area if an emergency access is required as part of the development. Commissioner Koehler stated the City constantly goes into these phases without all the answers and information. He stated it is hard to decide without all the information. Chairperson Godfrey polled the Commissioners for additional information they would like in order to make an informed decision. Commissioner Volkenant stated it is critical to know if the Met Council is funding the roundabout at 1651' and 7'" Avenue. Commissioner Shafto stated the right -in, right -out is not a viable option on the dangerous road. He believes the County needs to do something about it. He would feel better if the County had a timeline for the 2nd roundabout in Option C. Mr. Janish explained funding for the 2nd roundabout at the curve would be sought after the roundabout on 165th and 7th Avenue was constructed. Mr. Janish stated there is a high percentage chance the County will get funds for the roundabout at 165th Avenue/7th Avenue. Commissioner VanderLaan stated she has seen a great deal of controversy around this development. She stated the Commission is a body of referral of the facts based on their understanding. Commissioner VanderLaan noted the Commission has been provided with most of what they have, and some information is missing. She stated the development is an attractive subdivision with a great deal of history. Commissioner VanderLaan explained the Commission has to look at the future and what the agencies, staff, and developer have produced. Commissioner VanderLaan stated traffic is always a concern. Motion: by Koehler, seconded by VanderLaan, to recommend approval of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development as written. Commissioner Volkenant made a motion to table the motion to the first meeting in January. Chairperson Godfrey stated there is a motion on the floor and another motion cannot be made until the first one is voted on. Commissioner Volkenant disagreed and stated a motion to table pushes the original motion aside. Mr. Janish stated the first motion needs to be acted on. Regular Andover Planning and Zoning Commission Meeting Minutes — December 13, 2022 Page 10 Motion was taken by roll call: Hudson — nay V anderLaan — aye Koehler — nay Godfrey — aye Shafto — nay Loehlein — aye Volkenant — nay Motion fails 3 ayes, 4 nays. Motion: by Volkenant to table further discussion of the item until the first meeting of January 2023. The motion did not receive a second. Mr. Janish explained tabling an item means the Commission is looking for additional information. Commissioner Volkenant stated he wants to know the result of the Met Council vote for the roundabout at 165th and Th Avenue. He is also looking for a 2022 MNDOT traffic counts to update the traffic study. Chairperson Godfrey stated the Commission needs to list reasons why the application was denied. Motion: by Loehlein seconded by Volkenant, to recommend denial of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development based on the following findings: 1) the applicant has not demonstrated to the satisfaction of the Commission that a higher quality development will result due to the use of a PUD due to the following reasons: Unknown ultimate conditions to the PUD due to unknown access to Th Avenue and how that connects to the future roundabout. 2) concern regarding emergency services access and the length of the cul-de-sac; 3) one access; 4) impact that septic, wells and energy draw might have. Mr. Janish stated the developer has a traffic study that states the impact on traffic is minimal and asked for clarification on the Commission's concern. Commissioner Loehlein explained there have been fatalities on Th Avenue and the development will add to it. He stated there are immeasurable conditions that contribute to the situation. Commissioner Volkenant stated one access point for Phases Two and Three creates an additional bottleneck for traffic before the roundabout is constructed and proximity of access points C and D to the roundabout. He stated access point B has uncertainty for 20 years. Cm €33 Regular Andover Planning and Zoning Commission Meeting Minutes —December 13, 2022 Page 11 Chairperson Godfrey asked for clarification on the concern regarding emergency services. Commissioner Loehlein stated the concem is due to the length of the cul-de-sac. Chairperson Godfrey asked for clarification on the impact on septic, wells, and energy draw. Commissioner Volkenant stated it was referenced in the public hearing and the impact on Valley Road. He stated new septic and wells might cause problems in the area. Mr. Janish suggested stating the applicant has not demonstrated to the satisfaction of the Commission that a higher quality development will result due to the use of a PUD due to the following reasons: Unknown ultimate conditions to the PUD due to unknown access to Th Avenue and how that connects to the future roundabout. Chairperson Godfrey stated anytime the Commission sees a proposed development, there are a number of unknowns. She explained the developer has brought their best information to the Commission. Chairperson Godfrey stated things may change and it is typical of any development. She said the City of Andover has amazing staff to work with developers to work out adjustments and she has confidence in those. Chairperson Godfrey noted traffic is a problem that exists today and is not caused by the development but may be exacerbated by it. She encouraged concerned residents to speak to the County about traffic. Chairperson Godfrey stated she was concerned about the length of the cul- de-sac but understands the nature of the land, precedence, and the small number of homes does minimize the impact. She said that there might be an impact on septic, water, and energy draw, however, they might have many things happen. She stated Andover needs homes. There might be an impact on natural resources but what is proposed seems reasonable for the area and what is within City Code. She stated her opinion and vote will be against the motion. Motion was taken by roll call: Hudson — aye VanderLaan — nay Koehler — nay Godfrey — nay Shafto — nay Loehlein — aye Volkenant — aye Motion fails 3 ayes, 4 nays. Regular Andover Planning and Zoning Commission Meeting Minutes — December 13, 2022 Page 12 Chairperson Godfrey stated both motions and the motion to table have failed. Commissioner Koehler stated he did not agree with reasons that "might" happen. He said his concern is adding fuel to the flames with traffic. He would like to find an alternate exit and then he will be in favor of it. Motion: by Koehler, second by Hudson to recommend approval of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development as written with the addition of a second access point constructed during Phase Three. Commissioner Loehlein stated the Commission needs to decide on what is in front of them. He doesn't feel the Commission can abstractly tell the developer to change the plan when it has been engineered and designed. Commissioner Koehler explained the Commission has done this before and the Commission is a recommending body. Commissioner Hudson stated the disappearance of the road to 170th Avenue caused him concern. He noted the inability to have a road between Phase One and Phase Two. He agrees on finding a second way out. Jason Osberg, JD Andover Holdings, asked at which phase the second access needed to be constructed. Mr. Janish stated it is his understanding that the second access be constructed as part of Phase Three. Commissioner VanderLaan asked what would happen if the motion was tied 3-3, as one Commissioner may abstain. Commissioner Koehler stated the Commission is giving their recommendation to the City Council. He stated Commissioner VanderLaan has the right to abstain; however, either you recommend it, or you don't. Commissioner Loehlein stated this is part of the process and to put it up for a vote. Commissioner Volkenant stated the Commission was given options for access at point B, however it is impractical because there is no funding and can take up to 20 years. He stated the Commission wasn't given any option for an access to connect with the cul-de- sac off of 1701h Avenue, point A. He stated neither A nor B are a practical solution, and he has strong reservations about C and D. Darren Lazan, JD Andover Holdings, came forward with all four Master Plan options. He explained the original PUD had no connections at the corner. They took two connections out because the County did not approve. Mr. Lazan stated they have worked closely with Regular Andover Planning and Zoning Commission Meeting Minutes—December 13, 2022 Page 13 staff for a year and lost a construction season. He stated connecting to 1701' Avenue is a possibility, and they are showing three possible access points. Mr. Lazan explained the access point options are what was requested by Engineering staff. Commissioner Koehler stated the applicant has identified several access points and can go to the City Council to work through them. Motion was taken by roll call: Hudson — aye VanderLaan — aye Koehler — aye Godfrey — aye Shafto — aye Loehlein — aye Volkenant — aye ^ Motion carries unanimously. l� The item will go to the City Council on December 20, 2022. I OTHER BUSINESS City Planner Hellegers stated December 16, 2022 is the deadline applications for Boards and Commissions and applications are on the we . He stated Chipotle submitted an updated landscaping plan and then will hold a hearing on another quick casual restaurant with a drive-thru. Commissioner Volkenant asked about the tleneck on Quinn Street for Chipotle. Mr. Hellegers stated it is a private drive if there is an issue, the property owners can adjust it. Chairperson Godfrey wi d the Commission and staff a Merry Christmas and thanked them for their hard this year. Chairperson Godfrey assumed a motion to adjourn the meeting at 9:49 p.m. carried by unanimous consent. Regular Andover City Council Meeting Minutes —December 20, 2022 Page 4 depending on the value of the theft, but they are mostly misdemeanor gross misdemeanors. Councilmember Nelson commended the Sheriff�Reseho volunteered for the Salvation Army kettle campaign outside of Walmart. Heaving a reserve officer posted at Walmart to act as a deterrent. Commander meier stated reserves cannot be used for that purpose. He explained the Reserves a been bell -ringing for years and have brought in thousands of dollars. Councihnember Butle ated he spoke with a resident about the City's THC ordinance, and they inquired about ng while impaired. He asked the Commander what the process would be. Commande enzmeier stated a DWI is driving while impaired and the process is the same for alcoh d drugs. He explained they test differently for based on the product the Deputy ONSIDER A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO AMEND THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO INCORPORATE THE WX THRID PHASE WHICH WILL BE KNOWN AS THE LEGACY AT PETERSEN FARMS (APPLICANT — JD ANDOVER HOLDINGS) The City Council is requested 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. Development Director Janish identified the location of the development and stated it will be on well and septic. He said the development plans on 33 lots over 75 acres and contains wetlands, shoreline, and floodplain. Mr. Janish stated the applicant is seeking to modify the standards of the PUD related to length of two cul-de-sacs, allowing two lots below the self- imposed net land area of one acre, and adjustments to the Master Plan. Mr. Janish presented connections to the County roads. Mr. Janish explained the City would like to work with the developer on a 35 mile per hour design at Option B. He stated the applicant will provide escrow and easements for Options B and C. Mr. Janish stated the addition of 33 homes are not expected to have a negative impact on Th Avenue as shown by the traffic study. He explained Th Avenue is operating at 60% capacity. Mr. Janish noted the County received funding for a roundabout at 1651h Avenue and Th Avenue in 2026-2027. Mr. Janish reviewed the shoreland development requirements and Park Dedication. The Park and Recreation Commission recommended cash -in -lieu of land for Park Dedication requirements. 87 NO N MUM Regular Andover City Council Meeting Minutes —December 20, 2022 Page 5 Mr. Janish reviewed the minimum net land area and stated two lots fell below one acre. He displayed the 2020 Master Plan and the changes the applicant made. Mr. Janish stated there are 3 fewer lots. Mr. Janish stated the Planning and Zoning Commission held a public hearing on December 131i and summarized public comments. Mr. Janish explained the Planning and Zoning Commission recommended approval with the condition the applicant provides a second access to the development as part of Phase 3. He provided the Council with City Code instructions to help them make their decision. Mayor Bukkila asked if Site Plan Figure 2 on page 57 was the concept plan used to conduct the original traffic study and amended for Phase 3. Public Works Director/City Engineer Berkowitz explained the traffic study looked at the redesign for the updated traffic study. Councilmember Butler asked if the developer could move ahead with the 2020 design or if it depends on action by the Council. Mr. Janish explained the applicant would still have to amend the Conditional Use Permit because that was written in the CUP. Mayor Bukkila asked if the connection to 17011 Avenue through the development was removed or proposed for removal. Mr. Janish stated there are questionable soil borings along the proposed road and it may not be able to be built. He stated the applicant would still like to show the connection because there is a possibility the road can be constructed. Mr. Janish noted that staff requested the cul-de-sac to be built at permanent standards because the road may not be financially feasible. Mayor Bukkila asked for the length of the cul-de-sac from Inca Street. Mr. Janish explained the City measures cul-de-sacs from the closest intersection and not from the main connector. Mayor Bukkila asked staff if they knew the road to the roundabout can be built. Mr. Berkowitz stated there is strong belief the road can be built. Mayor Bukkila asked why staff are proposing a 35 -mph road. Mr. Berkowitz stated the intent is to construct the road at a 35 -mph status. He explained State Statute requires a 35 -mph road in the rural residential area. He stated if there are cases where the road cannot be designed to a 35 -mph standard, the City will post a curve sign with a 30 -mph limit. Councilmember Holthus asked if the County has done research to verify the roundabout can be built at the western location. Anoka County Traffic Engineer Joe MacPherson came forward and stated the County has not dug into the design but knowing the road in the area, they are confident it can be built. Regular Andover City Council Meeting Minutes —December 20, 2022 Page 6 Mayor Bukkila asked if the western roundabout received funding. Mr. MacPherson stated the roundabout on 7m and 1651h Avenues received the funding. Mayor Bukkila noted the long cul-de-sac in Phase 1 and stated it was difficult land to develop due to topography and required concessions. She stated the trail connecting Phases 1 and 2 was supposed to be a road but wasn't feasible because of the soil. City Administrator Dickinson added environmental impact was another reason. Mayor Bukkila explained the PUD is in place to work with the wetland and topography and allow development, as well as allowing the Council to weigh in. Mayor Bukkila stated she is cautious because she does not want to see a repeat of Phase 1. She is concerned the roads won't be able to be constructed and the City will be stuck with a poor design. Mayor Bukkila is not in favor of temporary emergency access points. She stated a right -in, right -out would need a center median on Th Avenue and creates a burden on snowplows and a change for drivers. She sees the access as a problem. Mayor Bukkila doesn't believe the design is ready. Councilmember Butler stated he likes the roundabout at location B and sees location C as a backup to location B. He noted location C is not ideal, however, provides certainty that a second access can be constructed. He would like to see a timeline on the construction of the road at location B before location C is chosen. Councilmember Nelson understands the concern for public safety and spoke with residents in existing phases. He stated Phase 3 is not ideal and believes the access to 170th Avenue should be constructed with Phase 3. Councilmember Nelson stated there will be bottlenecking and increased traffic. Councilmember Barthel stated there are 79 houses going into one choke point on a corner of a busy County intersection. He believes the roundabout should be constructed first. He assumes most of the homeowners will take a left on Th Avenue and they wouldn't go all the way to 17011 Avenue to take that left. Councilmember Barthel noticed the lot sizes are getting smaller with Phase 3 and he suggested the developer look at increasing lot sizes. Mayor Bukkila stated she has concerns about density as well. She stated Phase 3 holds the bulk of the density. Jason Osberg, JD Andover Holdings, 15356 Yukon Street, came forward and congratulated Councilmember Holthus for her service and contributing to the great Andover community. He stated the project is successful and is a work in progress. Mr. Osberg stated as they move forward in each phase, they dive in deeper. He stated they don't want to eliminate the connection WR AM O5 Regular Andover City Council Meeting Minutes —December 20, 2022 Page 7 to 170111 Avenue. He stated the soils are poor in the northwest section and they are looking at creating larger lots. Mr. Osberg noted the project has the support of City Engineers, Planning, and Anoka County Highway Department. He explained traffic safety is a concern, but they have worked with the City and the Petersen family. He supports the roundabout on the west edge of the development. Mr. Osberg stated the Petersen family has not sold the land for the final phase and they cannot connect to 17011 Avenue since the Petersen family still owns the land. He indicated they would prefer to connect to the roundabout in Phase 3, however, the County determines the timing of constructing the roundabout. Mayor Bukkila asked Mr. Osberg to address the concerns of the Council regarding the feasibility of future connections. Darren Lazan, JD Andover Holdings, came forward and addressed the density issue stating the density is the numerator (number of lots) and denominator (total acreage). He explained they did soil borings in future connection areas to determine if they are suitable for roads. Mr. Lazan stated they have spent three years analyzing traffic in the area and have high quality professionals working on connections and roads. He stated the team has worked on multiple options for connecting to Th Avenue. Mr. Lazan explained the updated traffic study includes the new homes. He noted the fatalities were not at the intersection, but on the throughfare. He explained the traffic study looked at peak traffic hours at the intersection of 16511 Avenue and Inca Street and the intersection of 16511 and 71 Avenues. Mr. Lazan stated the level of service prior to development was an A and the level of service after the development is A. He noted the wait time at Inca Street and 165th Avenue was 1.5 seconds and the left turn from 165th Avenue onto Th Avenue is 30 seconds. Mr. Lazan compared his development to two similar developments. He stated their development has the same impact as the other two developments. Mr. Lazan noted that they have worked intensely with the City and the County to come up with a plan that is feasible. He stated the best option is a connection at the western roundabout and they will provide escrows and easements to support it. He explained Phase 3 has not been rushed, they have worked on it for the past two years. Councilmember Nelson stated he is thinking about future phases and stated it would be ideal with two access points and one emergency access point. He asked if they could connect northward to 170th Avenue. Mr. Lazan stated it is not an option today, however, they can go back to the Petersen family and see if they are interested in making it happen. He noted that pushing residents to 17011 Avenue would cause them to go through two dangerous curves. He stated the development helped the County get funding for the roundabout at 711 and 165th Avenues. qo W Regular Andover City Council Meeting Minutes —December 20, 2022 Page 8 Mayor Bukkila polled the Council on their opinion of supporting the amendment. Councilmember Barthel and Councilmember Nelson are not in support of it. Councilmember Holthus and Councilmember Butler support it if location C is constructed. Councilmember Butler stated the decision on connections needs to be data driven. He stated location B would be the ultimate connection. Councilmember Butler recommended taking time to look at it during a workshop. Mayor Bukkila stated she is not in favor of the current phase. Mayor Bukkila asked staff if it is appropriate to table the item versus having an up or down vote. Mr. Lazan stated they are willing to extend the time period in order to talk to the Petersen family and come up with an alternate plan. Mr. Janish stated the City has until February 4, 2023 and the applicant would have to provide an extension in writing. Mr. Dickinson stated tabling the item requires a time certain. Mr. Osberg asked if the item would go back to the City Council or the Planning and Zoning Commission. Mr. Dickinson stated it goes to the City Council. City Attorney Baumgartner recommended the Council table the item until the January 17, 2023 meeting and if the request for extension is received, the Council acts upon the extension. He stated if the request for extension is not received, the Council must take action. Motion: by Butler, Seconded by Nelson, to table the Item to January 17, 2023 with the understanding the applicant may further extend it. Councilmember Barthel stated he won't support Phase 3 until the roundabout is constructed. 2Motion carries 4 ayes, 1 nay (Barthel). CONSIDER TOBACCO ORDINANCE AMENDMENTS AND ADMINISTRATIVE HEARING ORDINANCE The City Council is requested to consider amendme a Tobacco Ordinance and adopting an Administrative Hearing Ordinance. Ci mistrator Dickinson explained the only thing that has changed since the Council iscussed the item is the format. Motion by Butler nded by Nelson, to adopt Ordinance No. 545 ordaining City Code Title 3: Sale !oE.TPWrco Related Products, adding Title 3, Chapter 10, Administrative Hearings in the C4tro_f Andover, and Summary Ordinance for Publication. Motion carries unanimously. Q( qt ANDOVER CITY COUNCIL WORKSHOP MEETING — MARCH 28, 2023 MINUTES The Monthly Workshop Meeting of the Andover City Council was called to order by Mayor Bukkila, March 28, 2023 at 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, Rick Engelhardt, and Randy Nelson Councilmembers absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz Natural Resources Technician, Kameron Kytonen Others i DISCUSS LEGACYAT PETERSEN FARMS ACCESS The City Council is requested to receive an update from the developer on Legacy at Petersen Farms and provide informed feedback to the developer. Mr. Hellegers provided details of the proposed 3rd phase of the development. Darren Lazan, representing the developer, was present at the meeting to review plans with the Council. He explained they could consider doing a phased plan, which would involve building 19 homes to begin with instead of 33 as originally planned, which would be called phase 3A. Phase 3B would involve building the remaining homes and adding additional access points. He asked if the Council had any specific concerns related to the plans. A few concerns that had previously been mentioned by staff were longer dead ends for fire and emergency access safety, the number of access points, and the number of homes served off Th Avenue. Mayor Bukkila and the Councilmembers discussed their concerns. The majority of Council had concerns about the lack of a secondary access point and the cul-de-sacs lengths of over 500 feet. The developer shared that over the past few months they have been working on a secondary access to 1701h Avenue. They will be able to make connections to the north, but at tonight's meeting they want to contemplate if that connection solves for the 33 total lots planned for in Phase 3, or if there is a different number of lots the Council would be okay with. Mayor Bukkila asked the developer if he had the studies to show that it is feasible for them to build the road out. The developer confirmed that he did. Mayor Bukkila shared staff needs to 7Z Andover City Council Workshop Meeting Minutes —March 28, 2023 Page 2 review that, and the developer agreed. The developer shared more information about the traffic study that was done, showing the distribution model showing traffic patterns, traffic counts, and turning movements, and discussed it with the Council. Hope Luedtke, 16932 Jivaro Street NW, asked if the Council is concerned with hanging on to what the average lot size is supposed to be in case the developer never gets the extra chunk of land for what would be considered Phase 3B. Jason Osberg shared the average lot size for the project as a whole is still under 2.5 acres. Councilmember Butler challenged the Councilmembers to think about what the number of homes is that they would be comfortable with the developer building along the Th Avenue corridor until 2027, or do they just want to put a stop to the plans for now. Councilmember Barthel shared that for him, it's not about how many homes are added, it's about safety. Many accidents on 7'h Avenue happen on the corners. If Phase 3 was coming out in a safer location, he wouldn't have a problem with it. If the first access point was on 17411' Avenue, then the developer added a roundabout in 2027, he would be okay with it. Mayor Bukkila asked what the width is for the lots being proposed. The developer shared that there is a 100 -foot minimum. At this point in the discussion, Council consensus was split. Councilmembers Barthel and Nelson were opposed to the phased plan, while Councilmembers Butler and Engelhardt were in favor. The Council discussed other possible locations where the development could exit, and other potential numbers of lots that could go into the development. Mayor Bukkila shared with the developer that they need his information exchanged with the engineering department to confirm that the access road can be built with surety. The developer shared he has a revised set of plans addressing comments from the first couple discussions. They would have it for Council before they would consider acting on and approving the development plans. Mayor Bukkila shared that if that is proved out, she can agree to the 500 feet. Her concern is any manipulation of the cul-de-sacs to add lots to extend driveways to reach the cul-de-sac. She shared the lots need to be fronted lots in their permanent locations, with no later alterations to join access to the cul-de-sac. The developer indicated that's fair and he agreed. The developer recapped he is hearing that building 33 lots with the new proposed road connection has some support, and that the phased approach involving 3A and 3B with everything approved in a preliminary plat may have approval, but they need to provide more information on the size of lots, making sure the totals stay in line. Given what he has heard, the developer will ITS 93 Andover City Council Workshop Meeting Minutes —March 28, 2023 Page 3 go back in with a preliminary plat submittal to include the new road, amend the PUD to include changes to lot densities, and make a new application for both of those. The developer will plan to present the preliminary plat and PUD to Council at the same time. Mr. Berkowitz asked when the additional geotechnical work will be done on 170th Avenue. The developer shared he will get plans into Council first, then when the snow melts, they will do some pourings and test pits. It will be done before going to Council. DISCUSS GWINN TREE ORDINANCEITRESER VA TION POLICY PROPOSAL Nature Preserve Commissioner Jonathan Gwinn drafted a proposal with /ement deas for advocating developers to protect more trees. His proposal also outlined tree rep and tree fund requirements for potential scenarios that meet a tree removal threshold. e City Council is requested to listen to and discuss Commissioner Gwinn' s proposal. Mr. Kytonen briefed the Council on Mr. Gwinn's proposal Mr. Gwinn stated Andover's vision statement and went over th -tails of his proposal, sharing his key takeaways. He shared details of the tree requireme for the cities of Coon Rapids, Ramsey, and Maplewood, as examples of what it could ok like for the City of Andover. Andover has a current minimum of 2-4 trees per lot. In proposal he would up it from 3-5. He would also propose 12 trees per acre to be required to replanted. Buffer trees required in new developments would count toward the number o trees. For this proposal, if they do not acc/situation lish requirements for tree numbers, they ould need to pay $600 per tree. He shared socenarios of what this could look like i xisting and future developments. Existing and futevelopments discussed were Silvercr and B and D Estates. He shared that the tree fund coue used to fund future natural resour restoration and preservation opportunities. MaBukkila pointed out the pre tation didn't cover trees that were unhealthy or had inve species. Mr. Gwinn share s proposal relates to trees over 6-8 inches. MaBukkila indicated the ar amounts are shocking, and she isn't sure about putting that on veloper. She stated i e is going to attach a fee to something there needs to be a purpose. Shed what the overt ercentage goal is for tree coverage in the City. Colmember Butl agreed with looking at the City as a whole in terms of tree coverage. He appiated the de ed proposal. He liked the community value. Shared mayors' concerns about whems like a punitive nature of it. He stated it seems focused on the developer, but asked if twoul e a situation where a private homeowner wanted to clear some trees in their bacrd, uld they be subject to some fees.Mrnn shared he had mentioned something about minimizing people trying to bypass the reqments by cutting trees down before selling to a developer. Bukkila asked at what point he would do tree accounting on a property. For example, if 9q 9y ier ou ORy - .r � e, ` �` �. \"'�'#�,�1► � �'�s� D rot �H# Y TgPF ,. - � l,. ! t t ** t»,6 r \t '• �a� b =�{* �\ a 5a ,�� ., � Legend 0 Trail Connection to open space 9 0 Parking for Martin Meadows Development Data (Complete) (Complete) I5 Item Phase 1 Phase 2 Phase 3 Future Phases Total Gross Developable Area 89.39 acres 100.21 70.00 acres 142.42 acres 409.03 acres Net Developable Area 60.61 acres 80.96 acres 55.47 acres 60.55 acres 257.59 acres Number of Lots 27 lots 46 lots 33 lots 22 lots 128 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 11.7 acres Average: 10.2 acres 2.0 acres 2.5 acres 3.7 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 5 lots 70 lots 2.0-2.49 acres: 6 lots 3 lots 4 lots 5 lots 18 lots 2.5+ acres: 16 lots 10 lots 2 lots 12 lots 40 lots Lot Widths Minimum: 100 feet 100 feet 100 feet 100 feet Maximum: 192 feet 550 feet 373 feet 537 feet Upland Lot Area Minimum: 1.0 acre 1.0 acre* 1.0* acre 1.0* acre Average: 1.7 acres 1.3 acres 1.4 acres 1.7 acres * Flexibility sought through PUD Density Density Average Gross Density (units/acre): 0.30 0.46 0.43 0.15 0.31** Net Density (units/acre): 0.45 0.57 0.59 0.36 0.50 ** Rule allows 0.40 units/acre Gross Density Open Space 0.0 acres 0.0 acres 15.4 acres 31.4 acres 46.8 acres Legend 0 Trail Connection to open space 9 0 Parking for Martin Meadows J1� `bA• � d f ' * ,• `s opnr, - ,, space Community ► 3 1 Future Space jl Phase 1 s 'I Refer to Civil Eng. Exhibit EX.4 SouthweS4 Connection ' Exhibit tFFuture Round "About .F 4 (By Others): :i d Project Boundary Tier Unsuitable Total Area Area (Acres) (Acres) Density Data Suitable I Base Area Density (Acres) (# lots) Ira Proposed Lots Bonus Base Density* (# 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 33.0 11.6 21.4 8.6 25.7 9 t43 27.6 4.3 23.3 9.3 27.9 15 Total 123.4 33.8 89.5 35.8 84.8 45 r. NO q 'ure Round About _ •Others) C-; , a Tier Unsuitable Total Area Area (Acres) (Acres) Density Data Suitable I Base Area Density (Acres) (# lots) Ira Proposed Lots Bonus Base Density* (# 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 33.0 11.6 21.4 8.6 25.7 9 t43 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 16 1<,.,-F, � I, iaYty MM �yl�/��r d ro - r • � t 170th Avenue NW Future Phase Future open _ - Spzcc _ t r Community 1 Future Space ; I Phase r Refer to Civil Eng. Exhibit EX 4 - SouthweSt Connection Exhibit I. R - _ — •• i r _ Future Round Abouf , 4 r (By Others) � rt 0 Future Phase Fufure open Space Nigh t r ! e t 125ik Phase 2 s finished ys°� P7 47 1 r r I r I r r R 1A .ws) I Phase 1 finished a Shoreland Overlay Item Development Gross Developable Area 139.3 acres Net Developable Area 94.1 acres Open Space Area 73.7 acres Number of Lots 45 d: a Percent Open Space in Shoreland Overlay District a' 53% Legend 53% Open Space - waterbody, shoreland setback, wetlands, wetland buffers, dedicated park/open space .. St`��\'� TL)ifll 1t►a'�/.�liG7kyrr-, o� Tii alb tr 3 F7 f 3` i ;Le'.4Ti' sv�`s69i,9�/�/ rt'f!► o vim, • .i �' - , s..FW on goundAbom ri I /Far 21'%> (By others) 3afL�1 r TS .'NORTH Trail Connection to open space 9 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. 17 97 R .. St`��\'� TL)ifll 1t►a'�/.�liG7kyrr-, o� Tii alb tr 3 F7 f 3` i ;Le'.4Ti' sv�`s69i,9�/�/ rt'f!► o vim, • .i �' - , s..FW on goundAbom ri I /Far 21'%> (By others) 3afL�1 r TS .'NORTH Trail Connection to open space 9 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. 17 97 Aft.` c u -PrY Zv rl it 170th Avenue •NW Future Phase 0 Future Phase RefeitoCivil Eng. Exhibit EX.4 \thwe9t Connection Exhibit Future Open SOdCP p. :> n i 1 i a1, 1 Community Space 1 1 7 A( •Kt ;: r- E'14oepff�R �i g Future Phase � � ' +MI6•'-w."a' e. n 1.SAc Min. A R, Phase 1 finished 0 u PttL sERvE Phase 2 finished 5y�¢ 1681hgvenuery°Y � `" � ' s MEADOWS A _ L u Project BounddfW .Future aund About - '.iBYOfhers) ,'?h_\.... 71 �,'�•r1J��;�f ..,.ism?.: >�,. 1�'.aC•!AC4�'�:`E,f°w GJ_� NOK�H 1 (Complete) (Complete) TSI Item Phase 1 Phase 2 Phase 3 Future Phases Total Gross Developable Area 89.39 acres 100.21 acres 70.00 acres 142.42 acres 409.03 acres Number of Lots 27 lots 46 lots 33 lots 22 lots 128 lots Density Density Average Grass Density (units/acre): a m U 0 0. 170th Avenue •NW Future Phase 0 Future Phase RefeitoCivil Eng. Exhibit EX.4 \thwe9t Connection Exhibit Future Open SOdCP p. :> n i 1 i a1, 1 Community Space 1 1 7 A( •Kt ;: r- E'14oepff�R �i g Future Phase � � ' +MI6•'-w."a' e. n 1.SAc Min. A R, Phase 1 finished 0 u PttL sERvE Phase 2 finished 5y�¢ 1681hgvenuery°Y � `" � ' s MEADOWS A _ L u Project BounddfW .Future aund About - '.iBYOfhers) ,'?h_\.... 71 �,'�•r1J��;�f ..,.ism?.: >�,. 1�'.aC•!AC4�'�:`E,f°w GJ_� NOK�H 1 (Complete) (Complete) TSI Item Phase 1 Phase 2 Phase 3 Future Phases Total Gross Developable Area 89.39 acres 100.21 acres 70.00 acres 142.42 acres 409.03 acres Number of Lots 27 lots 46 lots 33 lots 22 lots 128 lots Density Density Average Grass Density (units/acre): ** Rule allows 0.40 units/acre Gross Density Legend Trail Connection to open space Q Parking for Martin Meadows 96 0.302 0.459 0.429 0.154 0.313** Cumulative Gross Density(unitslacres): 0.302 0.385 0.398 ** Rule allows 0.40 units/acre Gross Density Legend Trail Connection to open space Q Parking for Martin Meadows 96 NORTH Nemmm 0 150 300 EXISTING DRP COMMON ACCESS ° r'P rp �o APPROXIMA LIMITS OFSUITABLE,\. SOILS R SEPTIC SYSTEMS \FP HOUSE ALTERNATE ALIGNMENT LOT AREA=73,219SF, (1.66Ac.) UPLAND AREA= 50,368SF, (1.16Ac.) 7 \ ALTERNq{fEALIGNMENT 35 MPH, 454' ry8n. Radii, based oy� 2%crown at cent ire. 24' i pkTERNATEIGNME TV \i 35 H, 454' Mi . Radii, bas�dlon 21y10crd atcenAfl�. EF/ --7 I I II IIS 4 ! NATE FIELDS / 5 / MENMI BLOCK 3/ L_—J L ---J L ST° AGE i'611at, STp " I \ a � / r-7 --1 I� I r it I —I x� :fir �q— NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: June 6, 2023 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. Legislative update 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. submitted, Jim