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CC - July 31, 2023
ND O: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Monday, July 31, 2023 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/18/23 Workshop; 7/18/23 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve JPA with Anoka County/22-37/Round Lake Blvd. NW Reconstruction —Engineering 4. Approve Amended Fee Schedule — Community Center & Finance Discussion Items 5. Consider Interim Use Permit (IUP) Amendment —16045 Nightingale St NW; PID# 15-32-24-42- 0006 — Andover Christian Church (Applicants) — Planning 6. Consider Variance Request — 14358 Butternut St NW; PID# 25-32-24-41-0073 — Joseph & Kaitlin Sullivan (Applicants) — Planning 7. Consider Ordinance — Prohibit Use of Cannabis in Public - Administration Staff Items 8. Administrator's Report —Administration Mayor/Council Input Closed Session - Union Negotiations Update Adjournment ,.,. .:;� r1low11-0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: July 31, 2023 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration, and submitted for City Council approval: July 18, 2023 Regular July 18, 2023 Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, i_— yam( Michelle Harmer Deputy City Clerk Attach: Minutes 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —JULY 18, 2023 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Bukkila, July 18, 2023, 7:00 p.m., at the Andover City Hail, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, Rick Engelhardt, and Randy Nelson Councilmember absent: None Also present: City Administrator, Jim Dickinson Others PLEDGE OFALLEGLINCE RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL City Administrator Dickinson noted the supplemental information received: Item #5 — Approve Amended Fee Schedule, to swap out the party fees. Motion by Nelson, Seconded by Engelhardt, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES June 27, 2023, Workshop Meeting, June 27, 2023, Closed Meeting, July 5, 2023, Regular Meeting, and July 5, 2023 Closed Meeting. Motion by Butler, Seconded by Barthel, to approve the June 27, 2023, Workshop meeting, June 27, 2023 Closed meeting, July 5, 2023 Regular meeting, and July 5, 2023 Closed meeting minutes as presented. Motion carried unanimously. CONSENT ITEMS Regular Andover City Council Meeting Minutes —July 18, 2023 Page 2 1 Item 2 Approve Payment of Claims 2 Item 3 Approve Amendments to City Code 4-4: Weeds, Grasses, and Other Harmful Vegetation 3 & Summary Ordinance for Publication (See Ordinance 553) 4 Item 4 Reimbursement Resolution/2024 Equipment Purchases (See Resolution R052-23) 5 Item 5 Approve Amended Fee Schedule (See Ordinance 554) 6 Item 6 Approve Debt Service Payments 7 Item 7 Receive June 2023 General Fund Budget Progress Report 8 Item 8 Receive June 2023 Investment Reports 9 Item 9 Receive June 2023 Community Center Update 10 Item 10 Approve Appointment—Mechanic 11 12 Motion by Nelson, Seconded by Barthel, to approve of the Consent Agenda as read. Motion 13 carried unanimously. 14 15 ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT 16 17 On behalf of Commander Paul Lenzmeier, Mr. Dickinson provided a monthly report including 18 1,270 calls for service and 3 DWI's. He noted the Sheriff's Office has been dealing a lot with 19 traffic and speeding. He noted there are also a lot of reports of people falling victim to scams within 20 the community. He added if there are peddlers coming to the door, the City publishes those who 21 have active permits, and to ask the individual to show their badge. 22 23 Councilmember Engelhardt asked if this badge has to be displayed. Mr. Dickinson stated they need 24 to have it on their person. 25 26 Mayor Bukkila asked if they can have it on their person but in a pocket. Mr. Dickinson stated they 27 should show this badge. 28 29 ADMINISTRATOR'S REPORT 30 31 City Staff updated the Council on the administration and city department activities, legislative 32 updates, updates on development/CIP projects, and meeting reminders/community events. 33 34 (Administrative Staff Report) Mr. Dickinson reviewed the Administrative Report, highlighting 35 larger items including budget, capital improvement plan, and development and redevelopment 36 proposals. He noted the Fun Fest has been a priority over the past few weeks. He stated the event 37 went very well. He thanked Public Works for a great job helping to set up the grounds for the event 38 as well as cleaning up after the event. He added the Fire Department did a great job at the event 39 monitoring and offering assistance to those at the event. He added the Recycling Department also 40 did a great job of keeping the grounds clean and educating people on how things can be recycled. 41 He noted a lot of the Councilmembers participated at the City tent. He discussed the comment box 42 at the tent and noted they have communicated with those who left a comment. He shared that they 43 are also working through the funding that was approved at the last legislative session for the Red 44 Oaks neighborhood. He added they are working with the MPCA to coordinate a public meeting Regular Andover City Council Meeting Minutes — July 18, 2023 Page 3 1 and they will be sending invites out to the neighborhood within the next week and a half. He noted 2 the Environmental Pollution Agency for the Federal Government will participate in this meeting. 3 He stated this meeting will be held at 6:00 p.m. on August 9, 2023 at City Hall. He noted there 4 will be another meeting on August 10, 2023 for the East Brook Terrace neighborhood. He 5 explained the State has Public Information Officers that will be assigned to help with this task and 6 it will be supplemented with City Staff. 7 8 (Public Works/Engineering Department Report) On behalf of Mr. Berkowitz, Mr. Dickinson 9 shared that the street reconstruction project has begun repaving the base course this week. He noted 10 for the full depth reclamation project they are beginning to put in the concrete curb and gutter. He 11 added the mill and overlay is in the process of going in. He explained at Tulip Street and 16151 12 Avenue roadway reconstruction is getting the base row of paving this week. He noted the Kelsey 13 Round Lake Park project should start in September. He stated the Sunshine Park parking lot 14 reconstruction should be completed before school starts back up. He noted they will be 15 coordinating the parking lot reconstruction for Fire Station #2. He added there will be a stormwater 16 treatment structure that will be placed in the City campus site. 17 18 (Community Development Department Report) On behalf of Mr. Janish, Mr. Dickinson shared 19 that there are a number of commercial projects that are active as well as the 911 building. 20 21 Councilmember Butler asked if the MPCA will be sending out letters to the East Brook Terrace 22 neighborhood or if these letters will be coming from the City. Mr. Dickinson stated they will 23 coordinate with the MPCA who will send the City information for the City to distribute, as the 24 City has better open rates. 25 26 Councilmember Butler asked if the Andover Boulevard project is still scheduled for some time in 27 August as part of the street projects. Mr. Dickinson stated he does not have this road on his list, 28 but will follow up to the Council. 29 30 Councilmember Nelson asked about the Red Oaks neighborhood and what the residents in the 31 neighborhood should expect to be completed this summer and fall. Mr. Dickinson explained they 32 will be designing the water main, streets, and storm sewer. He explained they will be working with 33 the neighborhood on mapping out where the lines are and how they will be able to get into these 34 homes between now and next spring. He noted as part of this process they will be devising what 35 will be the best way to bring water into these homes. He stated they will receive resident input on 36 this. He explained they want to propose options to the neighborhood that will be more efficient 37 and less expensive. He added they will also need to see how to cap the wells. He shared that the 38 MPCA wants to be able to investigate these wells. He noted they will be going through the process 39 of selecting contractors that specialize on bringing water into homes. 40 41 Councilmember Nelson asked if they have found the origin of the aquifer. Mr. Dickinson stated 42 this study is still ongoing. 43 44 Councilmember Nelson asked if they have gotten the results of the five year review of the EPA Regular Andover City Council Meeting Minutes — July 18, 2023 Page 4 study. Mr. Dickinson stated the review is posted on the EPA website. He noted the EPA's involvement does indicate that there is some suspicion that the South Andover site may have some potential contribution to the contamination issues. Councilmember Nelson asked if they have published the PFAS levels. Mr. Dickinson said no and explained there will likely be some discussion relative to PFAS at the public meeting. MAYOR/COUNCIL INPUT 10 Councilmember Barthel expressed his appreciation for the Andover Family Fun Fest Committee. 11 He stated it was a great event this year. He thanked the Fire Department, Public Works, and all of 12 the volunteers. He also noted that July 20, 2023, the Minnesota Wild will have their street hockey 13 series and road tour at the Andover Community Center from 5:00 p.m. to 8:00 p.m. He added this 14 will be a free event. 15 16 ADJOURNMENT 17 18 Motion by Barthel, Seconded by Nelson, to adjourn. Motion carried unanimously. The meeting 19 adjourned at 7:21 p.m. 20 21 Respectfully submitted, 22 23 Ava Rokosz, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —JULY I8, 2023 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE....................................................... RESIDENTFORUM.................................................................... AGENDA APPROVAL................................................................ APPROVAL OF MINUTES......................................................... CONSENTITEMS....................................................................... Item 2 Approve Payment of Claims ....................................... Item 3 Approve Amendments to City Code 4-4: Weeds, Gra Vegetation & Summary Ordinance for Publication (C Item 4 Reimbursement Resolution/2024 Equipment Purchas Item 5 Approve Amended Fee Schedule (Ord. 554)`........... Item 6 Approve Debt Service Payments ..... ................. Item 7 Receive June 2023 General Fund Budget Progress Rt Item 8 Receive June 2023 Investment Reports ...................... Item 9 Receive June 2023 Community Center, Update ......... Item 10 Approve Appointment—Mechanic............................... ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPOR' ADMINISTRATOR'S REPORT........: ................... MAYOR/COUNCIL INPUT ........ ....... . >:.... ADJOURNMENT ................. ................... ..................................... :s and Other Harmful .553) ........................... (R052-23) .................... 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 2 .. 4 .. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP MEETING — JULY 18, 2023 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Pro Tem Barthel, July 18, 2023, 6:00 p.m., at the Andover City Hall, '1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: Sheri Bukkila (arrived at and Randy Nelson None City Administrator Jim Dick Others 2024 BUDGET DEVELOPMENT Ted Butler, Rick Engelhardt, City Administrator Dickinson reviewed the 2024 budget progress. He stated a 3.4% increase is the best number that they have received so far for market values; however, the County has yet to update them on new numbers. He explained the _City ended last year well in terms of the fund balance as revenues were fairly high. He noted they have been reserving 50% of cash flow. He discussed the debt levy and the goal to keep the debt levy as a percent of the total gross levy to 25% or less. He noted based on this year's numbers they would be around 21.5%. He shared that there is -adraft of the CIP. He stated the Vehicle Purchasing Committee has met and discussed what equipment will be needed for 2024._ Mayor Bukkila arrived at 6:04 p.m. Councilmember Nelson asked ifthe fire engines are included in the Vehicle Purchasing Committee discussion. Mr. Dickinson stated all of the fire equipment is included. He discussed they are also negotiating a deal to replace the axle of the newest fire engine as well since the. most recent engine has some issues. Mr. Dickinson reviewed the financial models and updates to the strategic plan. He reviewed staffing and the recent study that was conducted. He noted they are still waiting on some comparative information on how other cities settled their union contracts. He added they have a number of retirements and vacancies that will be coming up and due to this they will be focusing on succession planning, internship opportunities, realignment of resources, and cross -training. He discussed the current interns in various departments. He shared that there is Public Safety Aid for eligible towns as part of the legislative session and Andover will be receiving a one-time payment of $1,400,000 to help address public safety needs. Andover City Council Workshop Meeting Minutes — July 18, 2023 Page 2 1 Councilmember Barthel asked about the timeline for using the funds. Mr. Dickinson stated there 2 was no timeline put on the funds. He noted they are still waiting on all of the details to spend those 3 funds. 4 5 Councilmember Nelson asked if these funds are part of the CARES act. Mr. Dickinson stated it is 6 State aid money that will come to the City one time, not CARES. 7 8 Mr. Dickinson stated they potentially have $178,392 coming to assist in providing local affordable 9 housing on an annual basis. 10 11 Councilmember Nelson asked where these funds were coming from. Mr. Dickinson stated it comes 12 from the new sales tax. 13 14 Councilmember Butler asked about the potential capital improvements costs to prepare for the 15 future fire stations. Mr. Dickinson estimated $10,000,000415,000,000. 16 17 Mr. Dickinson reviewed the personnel -related items are in the budget update. He also reviewed 18 the union negotiations currently taking place. 19 20 Councilmember Nelson asked how many Staff are expected to retire in 2024. Mr. Dickinson stated 21 that he does not have an exact number. 22 23 Mr. Dickinson explained they will need to address the front line Staff members first before moving 24 through the rest of Staff. He discussed the mid -year review of the employee health insurance plan 25 with a forecasted increase. He stated the County Assessor contract is up for renewal and the 26 contract will likely decrease based on efficiencies. He discussed the Sheriff's Department contract 27 and reviewed the proposed contract. He noted the County Board met to discuss union contracts 28 and shared that they will be opening up these discussions and talk about wages again for Sheriff's 29 deputies which will likely result in a greater increase. 30 31 Councilmember Butler stated they buffered this last year with some strategic reallocation of the 32 shifts and reduction in hours. Mr. Dickinson stated they cannot do that this year, but they may be 33 able to use some public safety aid money to help with this increase. 34 35 Mayor Bukkila explained the problem with law enforcement salaries is that they have grown over 36 the last 25 years and there has become a separation between municipalities and counties. She noted 37 there is now a lot of recruiting and incentives that go into hiring officers. She stated counties are 38 now having to compete against other municipalities who are also competing amongst themselves 39 for hiring. 40 41 Mr. Dickinson reiterated the new public safety aid funds would be a good way to fund this increase 42 this year but not long term. 43 44 Councilmember Nelson asked if the public safety funds can go towards something like this. Mr. 45 Dickinson said yes. He noted they can set some of the funds aside to help stagger this over time. 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Andover City Council Workshop Meeting Minutes —July 18, 2023 Page 3 Mr. Dickinson reviewed the City's memberships to organizations and contributions to charitable organizations. Mayor Bukkila asked if the lower amounts are really beneficial to the organization. Mr. Dickinson stated the organizations are happy to receive any funds but he can check with the organizations. Mayor Bukkila asked about what these funds look like compared to what is being distributed. Mr. Dickinson stated they have tried to migrate most of these organizations funding to come from charitable gambling if eligible. Mayor Bukkila asked if any of these contributions are internally beneficial. Mr. Dickinson stated that the Youth First programming and YMCA programming help at the Community Center. Councilmember Nelson asked if Andover helps with any part of Stepping Stone. Mr. Dickinson stated they do not have any staffing over there just a financial contribution. Mayor Bukkila stated she would look to increase their Stepping Stone or Hope for Youth contributions. Mr. Dickinson reviewed the road and bridge fund and shared that they are looking at increasing this funding. He stated there will be a 2% increase for pedestrian trail maintenance as they have done in the past. He noted there was a significant adjustment made to parks after the last workshop. He added they will increase the capital equipment budget by $25,000. He reviewed the debt service levy. He noted Ehlers and Associates the City's fiscal advisor does periodic reviews of all bonds and staff just received the review which says that they have the lowest interest rate that they can get. Mayor Bukkila asked when the original Community Center debt will fall off. Mr. Dickinson stated it will be 2031. He noted they could be done levying in 2029 if things continue to go well. He stated they have the authority to levy until 2031. He added the current contract with the YMCA goes to 2034. Councilmember Nelson asked if the funds from YMCA could go towards the expansion. Mr. Dickinson stated it could, but he suspects updating will be necessary at that time. Mr. Dickinson reviewed the gross levy increase number which is proposed at 6%, which would change the tax rate by 2.56%. He reviewed the general fund analysis and reiterated that they ended last year very well. He noted there are funds available for a transfer. He shared that he would request some funds to be transferred to the central equipment garage. Mayor Bukkila asked if they are keeping pace with the parts that they need to even function. Mr. Dickinson explained that parts costs are increasing as is fuel. Mayor Bukkila shared that the Critical Infrastructure Committee has discussed the goal of being able to have parts shelved up to a year in advance. Andover City Council Workshop Meeting Minutes —July 18, 2023 Page 4 1 Councilmember Butler asked how many vehicles do not have a frontline maintenance workload to 2 them. Mr. Dickinson stated there are about five vehicles that have lighter use for inspections. 4 Councilmember Butler asked if this would be a good area to look at electric or hybrid vehicles. 5 Mr. Dickinson responded yes. 6 7 Councilmember Nelson asked if this cash flow would possibly be able to be used for the Red Oaks 8 neighborhood. Mr. Dickinson said yes and shared that he is not worried about the cash flow or 9 cash balance to advance the Red Oaks project. 10 11 Councilmember Nelson asked how quickly they will be reimbursed for the Red Oaks project. Mr. 12 Dickinson said likely within 30 days. 13 14 Mayor Bukkila stated she would like to see what things are still underfunded at their next 15 discussion. Mr. Dickinson stated there is not much that is underfunded. He stated they will bring 16 some proposals forward. 17 18 Mr. Dickinson asked if they want to do a trail project along Crosstown Boulevard as far as they 19 can go, possibly to Xeon Street. The Council said yes. 20 21 Mr. Dickinson shared that he would continue to bring more discussions forward on the budget. 22 23 ADJOURNMENT 24 25 Motion by Barthel, Seconded by Nelson, to adjourn. Motion carried unanimously. The workshop 26 meeting adjourned at 6:51 p.m. 27 28 Respectfully submitted, 29 30 Ava Rokosz, Recording Secretary 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councihr CC: Jim Dickinson, City FROM: Lee Brezinka, Finan SUBJECT: Payment of Claims DATE: July 31, 2023 INTRODUCTION Attached are disbursement edit lists for claims related to the on-going business of the City of Andover. 0 Claims totaling $277,581.52 on disbursement edit list #1-2 from 07/26/2023 have been issued and released. Claims totaling $2,593,389.45 on disbursement edit list #3 dated 07/31/2023 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 $2,870,970.97. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Y"`` - � G� Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/26/2023 - 11:08AM Batch: 00426.07.2023 Invoice No Description Amount Payment Date Acct Number 9CN 6 6A YR Reference Vendor: AIIArena All American Arena Products Check Sequence: 1 ACH Enabled: False 4622 Tempered Glass 1,000.00 07/26/2023 2130-44300-61020. Check Total: 1,000.00 Vendor: AmazonBu Amazon Capital Services Check Sequence: 2 ACH Enabled: False 1HGC-MCWX-TTPN Whone Car Chargers 39.96 07/26/2023 0101-41420-61225 1HTH-KVFD-11K9 Ink Refills for Ecotank 16.70 07/26/2023 2130-44000-61020 Check Total: 56.66 Vendor: AnderEar Earl F. Andersen, Inc. Check Sequence: 3 ACH Enabled: False 0133312 -IN Supplies for CC/YMCA Crosswalk 415.01 07/26/2023 0101-43300-61030 Check Total: 415.01 Vendor: AnimalHS Animal Humane Society Check Sequence: 4 ACH Enabled: False 36634 2023 2nd Qtr Stray Dogs & Cats Fees 956.00 07/26/2023 0101-42500-63010 Check Total 956.00 Vendor: AspenMil Aspen Mills Check Sequence: 5 ACH Enabled: False 315828 Uniform for Ashley Hagen 53.95 07/26/2023 010142200-61305 315983 Uniform for Anne Wesp 216.99 07/26/2023 0101-42200-61305 316059 Uniform for Tim Saldana 233.94 07/26/2023 0101-42200-61305 316342 Uniform for Troy Pouliot 230.45 07/26/2023 0101-42200-61305 Check Total: 735.33 Vendor: AssurSec Assured Security Check Sequence:6 ACH Enabled: False P228552 Install Camera's 2,729.11 0726/2023 5100-48100-63105 Check Total: 2,729 AP -Computer Check Proof List by Vendor (07/262023 - 11:09 AM) Page I Invoice No Description Amount Payment Date Acct Number Reference Vendor: BamRealE BAM Real Estate 1,526.19 Check Sequence: 7 ACH Enabled: False 6-2023 June 2023 Management Services 710.00 07/26/2023 4520-49300-63010 6-2023 June 2023 Labor for Bldg Repairs 816.19 07/26/2023 4520-49300-63105 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 2 Check Total: 1,526.19 Vendor: CapstHom Capstone Homes Check Sequence: 8 ACH Enabled: False 4228 - Escrow 4228 141st Lane NW 12,900.00 07/26/2023 7200-00000-24204 4228 - Insp Fee 4228 141st Lane NW -75.00 07/26/2023 0101-41600-54180 4236 - Escrow 4236 141st Lane NW 7,900.00 07/26/2023 7200-00000-24204 4236 - Insp Fee 4236 141st Lane NW -75.00 0726/2023 0101-41600-54180 4244 - Escrow 4244 141 at Lane NW 12,900.00 07/26/2023 7200-00000-24204 4244-Insp Fee 4244141 st Lane NW -75.00 07/26/2023 0101-41600-54180 4252 - Escrow 4252 141st Lane NW 11,550.00 07/26/2023 7200-00000-24204 4252 - Insp Fee 4252 141st Lane NW -75.00 07/26/2023 0101-41600-54180 4260 - Escrow 4260 141 at Lane NW 11,550.00 07/26/2023 7200-00000-24204 4260 - Insp Fee 4260 141 at Lane NW -75.00 07/262023 0101-41600-54180 Check Total: 56,425.00 Vendor: CarrTree Carr's Tree Service Check Sequence: 9 ACH Enabled: False 29788 SC Remove Dead Spruce@ 1096155th Ave NW 1,375.00 07/26/2023 0101-43100-63110 Check Total: 1,375.00 Vendor: CDW CDW Government, Inc. Check Sequence: 10 ACH Enabled: False JD06947 Pro HD Webcam 194.22 07/26/2023 010141420-61225 KG30106 Varidesk for Building Dept 336.45 07/26/2023 0101-42300-61020 KP68234 Barracuda Email Prot Adv Sub IMO IU 9,139.20 07/26/2023 0101-41420-62305 Check Total: 9,669.87 Vendor: Centerpt CenterPoint Energy Check Sequence: 11 ACH Enabled: False 2001737-2 2527 Bunker Lake Blvd - Unit #2 (4-Plex) 8.77 07/26/2023 4520-49300-62015 Check Total: 8.77 Vendor: CintasGK Cintas Corp Check Sequence: 12 ACH Enabled: False 4160931674 Uniform Cleaning 162.90 07/26/2023 0101-43100-61020 4160931674 Uniform Cleaning 23.28 07/26/2023 0101-43300-61020 4160931674 Uniform Cleaning 93.05 07/26/2023 0101-45000-61020 4160931674 Uniform Cleaning 23.28 07/26/2023 5100-48100-61020 4160931674 Uniform Cleaning 46.53 07/26/2023 5200-48200-61020 4161631360 Floor Mat Rental 44.44 07/26/2023 0101-41930-62200 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 4161631386 Uniform Clean & Shop Towels 91.38 07/26/2023 6100-48800-61020 4161631491 Floor Mat Rental 46.62 07/26/2023 0101-41910-62200 4161631591 Uniform Cleaning 158.16 07/26/2023 0101-43100-61020 4161631591 Uniform Cleaning 22.60 07/26/2023 0101-43300-61020 4161631591 Uniform Cleaning 90.35 07/26/2023 0101-45000-61020 4161631591 .Uniform Cleaning 22.61 07/26/2023 510048100-61020 4161631591 Uniform Cleaning 45.17 07/26/2023 5200-48200-61020 4162359019 Uniform Cleaning & Shop Towels 139.85 07/26/2023 6100-48800-61020 4162359119 Uniform Cleaning 157.04 07/26/2023 0101-43100-61020 4162359119 Uniform Cleaning 22.44 07/26/2023 0101-43300-61020 4162359119 Uniform Cleaning 89.71 07/26/2023 010145000-61020 4162359119 Uniform Cleaning 22.45 07/26/2023 5100-48100-61020 4162359119 Uniform Cleaning 44.85 07/26/2023 5200-48200-61020 Check Total: 1,346.71 Vendor: S[PaulCi City of St. Paul - Check Sequence: 13 ACH Enabled: False IN54431 Ashalt Mix 9,538.16 07/26/2023 OI01-43100-61125 Check Total: 9,538.16 Vendor: CitwdPlu Citywide Plumbing, LLC Check Sequence: 14 ACH Enabled: False 7535 FS#1 Replace V Meter W/New 2" Meter 644.00 07/26/2023 0101-41920-63105 7539 City Hall Replace 50 Gallon Electric Water Heat 1,441.00 07/26/2023 0101-41910-63105 Check Total: 2,085.00 Vendor: Cottens Cottens', Inc Check Sequence: 15 ACH Enabled: False 605340 Part for Unit 4T-98 & Stock 66.58 07/26/2023 6100-48800-61115 Check Total: 66.58 Vendor: DehnOil Dehn Oil Company Check Sequence: 16 ACH Enabled: False 100840 Unleaded Gas 2,926.90 07/26/2023 6100-48800-61045 Check Total: 2,926.90 Vendor: DuramaxA Duramax Asphalt LLC Check Sequence: 17 ACH Enabled: False 20240096 Repairs From Water Tower Cell Damage 1,750.00 07/26/2023 0101-43100-58100 Check Total: 1,750.00 Vendor: ECM ECM Publishers, Inc. Check Sequence: 18 ACH Enabled: False 956409 July 25 PH Andover Church IUP 72.60 07/26/2023 0101-41500-63025 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 956410 July 25 PH Sullivan Variance 78.65 07/26/2023 0101-41500-63025 957306 Ordinance No. 554 181.50 07/26/2023 2130-44000-63025 957307 Ordinance 553 90.75 07/26/2023 0101-45000-63025 Check Total: 423.50 Vendor: Ehlers Ehlers & Associates, Inc. Check Sequence: 19 ACH Enabled: False 9449 TIF Reporting - 2022 2,186.25 07/26/2023 4501-49300-63005 94750 2023 Continuing Disclosure Reporting 590.00 07/262023 510048100-66310 94750 2023 Continuing Disclosure Reporting 590.00 07/26/2023 3405-47000-66310 94750 2023 Continuing Disclosure Reporting 590.00 0726/2023 3304-47000-66310 94750 2023 Continuing Disclosure Reporting 590.00 07/26/2023 3406-47000-66310 94750 2023 Continuing Disclosure Reporting 560.00 07/26/2023 3214-47000-66310 94750 2023 Continuing Disclosure Reporting 590.00 07/26/2023 370347000-66310 94750 2023 Continuing Disclosure Reporting 590.00 07/262023 3215-47000-66310 Check Total: 6,286.25 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 20 ACH Enabled: False 128285 New Alternator for Unit #4881 1,422.00 07/26/2023 6100-48800-61115 128379 Air Pressure Switch for Unit #4820 66.10 07/26/2023 6100-48800-61115 128388 Labor to Repair Tender 3 1,326.09 07/26/2023 610048800-63135 Check Total: 2,814.19 Vendor: EquipMgm Equipment Management Company Check Sequence: 21 ACH Enabled: False 62480 Labor to Repair Combi Tool 325.00 07/26/2023 0101-42200-63100 Check Total: 325.00 Vendor: Goodmans Goodmanson Construction Check Sequence: 22 ACH Enabled: False 00038988 Refund Water Meter Deposit 1,300.00 07/26/2023 5100-00000-24201 00038988 Refund Water Meter Deposit -207.68 07/26/2023 5100-48100-55110 00038988 Refund Water Meter Deposit -171.00 07/26/2023 5100-48100-55150 00038988 Refund Water Meter Deposit -14.80 07/26/2023 5100-00000-20301 Check Total: 906.52 Vendor: Grainger Grainger Check Sequence: 23 ACH Enabled: False 9755477180 Vacuum& Double Point Hooks 510.32 07/26/2023 2130-44000-61020 Check Total: 510.32 Vendor: GSDirect GSDirect Inc. Check Sequence: 24 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 373288 Vinyl Banner 157.48 07/26/2023 0101-43300-61020 Check Total: 157.48 Vendor: HlthPDen HealthPartners Inc. Check Sequence: 25 ACH Enabled: False 122583239 August 2023 Premium 247.00 07/26/2023 6200-48900-63005 122583239 August 2023 Premium 2,855.58 07/26/2023 7100-00000-21218 122583239 August 2023 Premium 4,072.77 07/26/2023 0101-00000-21208 122583239 August 2023 Premium 62,537.81 07/26/2023 0101-00000-21206 Check Total: 69,713.16 Vendor: HenSchei Henry Schein, Inc. Check Sequence: 26 ACH Enabled: False 44066996 Albuterol Inh Solution 21.20 07/26/2023 0101-42200-61020 Check Total: 21.20 Vendor: InfoSens InfoSense, Inc. Check Sequence: 27 ACH Enabled: False Replace Check Issue Replacement Check Dated 06/06/23, CK #- 28,610.00 07/26/2023 5200-48200-65600 Check Total: 28,610.00 Vendor: InstrRes Instrumental Research, Inc Check Sequence: 28 ACH Enabled: False 4928 June 2023 Total Coliform Testing 220.00 07/26/2023 5100-48100-63005 Check Total: 220.00 Vendor: JRAdvanc JR's Advanced Recyclers Check Sequence: 29 ACH Enabled: False 110657 Recycling Appliances, Electronics & Bulbs 150.00 07/26/2023 0101-46000-63010 110658 Recycling Propane Tanks 352.00 07/26/2023 0101-46000-63010 Check Total: 502.00 Vendor: KinectEG Kinect Energy Group Check Sequence: 30 ACH Enabled: False 361989/11171502 Community Center 6,319.49 07/26/2023 2130-44000-62015 361989/11171508 Public Works 100.35 07/26/2023 0101-41930-62015 Check Total: 6,419.84 Vendor: KraabeBr Brian Kmabel Check Sequence: 31 ACH Enabled: False Aug - Oct 2023 2023 Medical Reimbursement 659.60 07/26/2023 7100-00000-21218 Check Total: 659.60 Vendor: LaborInd Labor and Industry Check Sequence: 32 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference ALR0149707X Elevator nnual Oper Annual Dues 300.00 07/26/2023 2130-44000-61320 Check Total: 300.00 Vendor: LanoEqui Lano Equipment, Inc. Check Sequence: 33 ACH Enabled: False 02-1006484 MIS - Ball Bucket, Grey Wolf KNM 425.00 07/26/2023 0I0I-03100-61020 Check Total: 425.00 Vendor: Lawson Lawson Products, Inc. Check Sequence: 34 ACH Enabled: False 9310741884 Misc. Hardware 124.79 07/26/2023 6100-48800-61115 Check Total: 124.79 Vendor: LDMEIect LDM Electric Check Sequence: 35 ACH Enabled: False 2023-00092 Refund- Duplicate Permit 152.00 07/26/2023 0101-42300-52230 2023-00783 Refund - Duplicate Permit 152.00 07/26/2023 0101-42300-52230 Check Total 304.00 Vendor: LMNCIT League of Minnesota Cities Check Sequence: 36 ACH Enabled: False 21061 Deductible - Claim #00489929 97.98 07/26/2023 6200-48900-62105 Check Total: 97,98 Vendor: LegResto Legacy Restoration, LLC. Check Sequence: 37 ACH Enabled: False 2023-01617 Refund Permit - Work Not Done 72.00 07/26/2023 0101-42300-52185 Check Total: 72.00 Vendor: LegShiel Legal Shield Check Sequence: 38 ACH Enabled: False 31833 August 2023 Premium 50.85 07/26/2023 0101-00000-21219 Check Total: 50.85 Vendor: LennarBu Lennar Corporation Check Sequence: 39 ACH Enabled: False 1064 - Escrow 1064 151st Lane NW 7,250.00 07/26/2023 7200-00000-24204 1064 - Insp 1064 151 st Lane NW -75.00 07/26/2023 0101-41600-54180 1317 - Escrow 1317 152nd Ave NW 1,000.00 07/26/2023 7200-00000-24204 1317 - Insp Fee 1317 152nd Ave NW -75.00 07/26/2023 0101-41600-54180 Check Total: 8,100.00 Vendor: LepagcSo Lepage & Sons Check Sequence: 40 ACH Enabled: False 214422 Trash Removal for Parks Department 289.93 07/26/2023 0101-45000-62020 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 215060 Trash Removal for Parks Department 892.70 07/26/2023 0101-45000-62020 215700 Trash Removal for Parks Department 614.37 07/26/2023 0101-45000-62020 Check Total: 1,797.00 Vendor: MadCtyWI Mad City Windows & Baths Check Sequence: 41 ACH Enabled: False 2023-00107 Refund Permit - Job Cancelled 72.00 07/26/2023 0101-42300-52185 Check Total: 72.00 Vendor: MadNatlL Madison National Life Ins Co, Inc Check Sequence: 42 ACH Enabled: False -: x.1569799/026986 August 2023 LTD Premium 1,034.45 07/26/2023 0101-00000-21216 Check Total: 1,034.45 Vendor: MainStDe MainStreet Designs, Inc. Check Sequence: 43 ACH Enabled: False 34639 Welcome to Andover Station Banner 2,365.04 07/26/2023 2110-46500-63005 Check Total: 2,365.04 Total for Check Run: Total of Number of Checks: 991 099 Al Al AP -Computer Check Proof List by Vendor (07/26/2023 - 11:08 AM) Page 7 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/26/2023 - 11:24AM Batch: 00425.07.2023 Invoice No Description Amount Payment Date Acct Number Vendor: Marco Marco Technologies LLC 5,169.27 Check Sequence: 1 505901694 Freight 63.90 07/26/2023 0101-41420-61020 505901694 2023 Qtrly Copier Aug - Nov 230.00 0101-42200-61020 07/26/2023 5100-48100-62200 505901694 2023 Qtrly Copier Aug -Nov 460.00 2273444221 07/26/2023 0101-42200-62200 505901694 2023 Qtrly Copier Aug - Nov 915.00 Adrenalin IMG 07/26/2023 0101-42300-62200 505901694 - 2023 Qtrly Copier Aug - Nov 1,145.00 1,628.42 07/26/2023 2130-44000-62200 505901694 2023 Qtrly Copier Aug - Nov 1,819.37 07/26/2023 0101-41420-62200 505901694 2023 Qtrly Copier Aug - Nov 268.00 07/26/2023 07/26/2023 0101-43100-62200 505901694 2023 Qtrly Copier Aug -Nov 268.00 0101-41920-61120 07/26/2023 0101-45000-62200 Check Total: 657.62 9 Q IT Y OF k-NDOVER Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False Vendor: MescCons Meschke Construction Check Sequence:4 ACH Enabled: False 2023-02138 Refund - Duplicate Permit 72.00 07/26/2023 0101-42300-52185 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page I Check Total: 5,169.27 Vendor: Medline Medline Industries, Inc. Check Sequence: 2 2266724597 Nitrile Gloves 1,114.55 07/26/2023 0101-42200-61020 2266724598 Oximeter, Pulse, Finger 117.70 07/26/2023 0101-42200-61020 2273444221 Purell Sanitizer 230.90 07/26/2023 0101-42200-61020 2275584704 Adrenalin IMG 165.27 07/26/2023 0101-42200-61020 Check Total: 1,628.42 Vendor: Menards Menards Inc Check Sequence: 3 97093 Misc. Supplies 34.06 07/26/2023 2130-44300-61020 98094 Misc. Supplies 148.84 07/26/2023 0101-41920-61120 98512 W&H Killer 20.04 07/26/2023 0101-45000-61020 98515 Heavy Duty Tarp & Misc. Supplies 396.95 07/26/2023 0101-43100-61020 98568 Pester SBRD WHT 1/4 X 100 10.99 07/26/2023 0101-45000-61020 98584 MF-Bitskt Hex 11.94 07/26/2023 OI01-45000-61020 98601 Spring Water 27.84 07/26/2023 0101-42200-61005 98919 Spray Paint & Cover Blank 6.96 07/26/2023 0101-41920-61120 Check Total: 657.62 9 Q IT Y OF k-NDOVER Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False Vendor: MescCons Meschke Construction Check Sequence:4 ACH Enabled: False 2023-02138 Refund - Duplicate Permit 72.00 07/26/2023 0101-42300-52185 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page I Invoice No Description Amount Payment Date Acct Number Reference Vendor: ODP Bus Check Total: 72.00 Check Sequence: 10 Vendor: MNLifeIn Minnesota Life Insurance Company 145.27 07/26/2023 Check Sequence: 5 0034706/720980 2023 August Premium 19.00 07/26/2023 0101-42200-60330 0034706/720980 2023 August Premium 46.10 07/26/2023 0101-00000-21205 0034706/720980 2023 August Premium 259.32 07/26/2023 7100-00000-21218 0034706/720980 2023 August Premium 1,985.43 07/26/2023 0101-00000-21205 322215780001 Check Total: 2,309.85 07/26/2023 0101-46000-61005 Vendor: MnUnempl Minnesota Unemployment Ins. 18AS 07/26/2023 Check Sequence: 6 07983653 2023 2nd Qtr Unemployment Benefits 1,051.55 07/26/2023 620048900-60510 322333137001 Check Total: 1,051.55 07/26/2023 0101-41420-61225 Vendor: MYHold MY Holdings, Inc. 327.73 Check Sequence: 7 4732 Autoscub Sunshine & ASN Bathrooms & Floors 500.00 07/26/2023 0101-45000-63005 Check Total: 500.00 Vendor: NACMech NAC Mechanical & Electrical Services Check Sequence: 8 214059 Repair Alarm System for Low Oil 82.42 07/26/2023 2130-44000-63105 Check Total: 82.42 Vendor: NCPERS NCPERS Group Life Ins Check Sequence: 9 312000072023 2023 August Premium 160.00 07/26/2023 0101-00000-21205 312000072023 2023 August Premium 16.00 07/26/2023 7100-00000-21218 Check Total: 176.00 Vendor: ODP Bus ODP Business Solutions, LLC Check Sequence: 10 318266871001 Toner for Front Desk Printer 145.27 07/26/2023 0101-41420-61005 322215316001 Office Supplies 18.99 07/26/2023 6100-48800-61005 322215780001 PW Office Depot Supplies 11.08 07/26/2023 0101-43100-61005 322215780001 PW Office Depot Supplies 7.39 07/26/2023 OI01-43200-61005 322215780001 PW Office Depot Supplies 25.88 0726/2023 0101-45000-61005 322215780001 PW Office Depot Supplies 5.17 07/26/2023 0101-46000-61005 322215780001 PW Office Depot Supplies 18AS 07/26/2023 5100-48100-61005 322215780001 PW Office Depot Supplies 35.49 07/26/2023 5200-48200-61005 322333137001 Ink, Epson, Ecotank 59.98 07/26/2023 0101-41420-61225 Check Total: 327.73 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07126/2023 - 11:24 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Vendor: OPUS21 OPUS 21 Check Sequence: 11 ACH Enabled: False 230648 June 2023 Utility Billing 1,858.88 07/26/2023 5100-48100-63010 230648 June 2023 Utility Billing 2,082.05 07/26/2023 5200-48200-63010 230648 June 2023 Utility Billing 2,025.74 07/26/2023 0101-43600-63010 230648 June 2023 Utility Billing 2,910.07 07/26/2023 5300-48300-63010 Check Total: 8,876.74 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 12 ACH Enabled: False 3253-332468 Absorbent 109.90 07/26/2023 0101-42200-61020 3253-335119 Oil Filters 10.58 07/26/2023 6100-48800-61115 3253-338330 Absorbent 109.90 07/26/2023 0101-42200-61020 3253-339883 Brake Rotor & Pads for Unit #17-136 & Air/Oil 373.18 07/26/2023 6100-48800-61115 3253-340209 Capsule for Unit 94884 4.54 07/26/2023 610048800-61115 3253-341535 Cabin Filter for Unit #18-172 15.75 07/26/2023 6100-48800-61115 3253-341881 Starter Sol for Unit #567 16.03 07/26/2023 610048800-61115 3253-342961 Fuel Filter 90.12 07/26/2023 610048800-61115 3253-343123 Adapter, Fuel & Oil Filters 64.70 07/26/2023 610048800-61115 3253-343845 Fuel Filters 14.74 07/26/2023 610048800-61115 3253-344602 Stabilizer for Unit#134 41.15 07/26/2023 6100-48800-61115 3253-344712 Oil & Fuel Filters, FuelfWtr Sep 99.20 07/26/2023 6100-48800-61115 3253-344829 Copper Plug 6.28 07/26/2023 6100-48800-61115 3253-344853 Copper Plug & Battery for Unit #4817 114.30 07/26/2023 6100-48800-61115 Check Total: 1,070.37 Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 13 ACH Enabled: False 8108794 Pest Control @ Community Center 76.15 07/26/2023 2130-44000-63010 8120991 Pest Control @ Sunshine Park 129.92 07/26/2023 0101-41970-63010 Check Total: 206.07 Vendor: PrintCen Print Central Check Sequence: 14 ACH Enabled: False 150007 Business Cards for Erick Sohr 49.50 07/26/2023 6100-48800-61005 Check Total: 49.50 Vendor: RenkoCon Renko Construction Check Sequence: IS ACH Enabled: False 231407 Asbestos Insp. @ 2556 138th Ave NW 1,400.00 07/26/2023 4501-49300-63005 Check Total: 1,400.00 Vendor: SharperH Sharper Homes Check Sequence: 16 ACH Enabled: False 16581- Escrow 16581 Inca Street NW 3,000.00 07/26/2023 7200-00000-24204 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AK Page 3 Invoice No Description Amount Payment Date Acct Number Reference 16581 -Insp Fee 16581 Inca Street NW -75.00 07/26/2023 0101-41600-54180 Check Total: 2,925.00 Vendor: SioValEn Sioux Valley Environmental Inc Check Sequence: 17 ACH Enabled: False 11741 Svenfloc 2,088.00 07/26/2023 5100-48100-61040 Check Total: 2,088.00 Vendor: StarTri2 Star Tribune Check Sequence: 18 ACH Enabled: False 10962115 08/06/23 - 09/03/23 IPad Subscription 27.78 07/26/2023 0101-41200-61320 Check Total: 27.78 Vendor: SterlTro Sterling Trophy Check Sequence: 19 ACH Enabled: False 31757 Shadow Box 150.50 07/26/2023 0101-42200-61020 Check Total: 150.50 Vendor: StrayerR Richard & Pamela Strayer Check Sequence: 20 ACH Enabled: False 1725 - Escrow 1725 164th Lane NW 12,000.00 07/26/2023 7200-00000-24204 1725 -Insp Fee 1725 164th Lane NW -75.00 07/26/2023 0101-41600-54180 Check Total: 11,925.00 Vendor: SuperVis Superior Vision Insurance Check Sequence: 21 ACH Enabled: False 0000749053 2023 August Premium 146.53 07/26/2023 0101-00000-21222 0000749053 2023 August Premium 10.93 07/26/2023 7100-00000-21218 Check Total: 157.46 Vendor: Timesave Timesaver Check Sequence: 22 ACH Enabled: False M28373 City Council Meetings 555.00 07/26/2023 0101-41100-63005 Check Total: 555.00 Vendor: TctMechS Total Mechanical Services, Inc Check Sequence: 23 ACH Enabled: False PM4834 4159 Ammonia System Preventative Maint. 1,225.00 07/26/2023 2130-44300-62300 Check Total: 1,225.00 Vendor: TrustlnU Trust in Us Workplace Drug & Alcohol Testing Check Sequence: 24 ACH Enabled: False 98407 TIU Onsite Collections 360.00 07/26/2023 0101-41230-63005 Check Total: 360.00 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: TCPmpMt Twin Cities Property Maintenance Inc Check Sequence: 25 ACH Enabled: False 222427 Abnatement @ 2304 South Coon Creek, Lawnca 134.78 07/26/2023 0101-43100-63010 222428 Lawn Service @ Rental Properties 1,995.00 07/26/2023 4520-49300-63105 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page 5 Check Total: 3,684.15 2,129.78 Vendor: VomhofPa Paul Vomhof Vendor: UldCompa Uhl Company Check Sequence: 29 ACH Enabled: False 000037331 Driveway Escrow - 4143 155th Ave NW Check Sequence: 26 ACH Enabled: False 72381 Preventative Maint Contract 07/01/23 - 09/30/82 2,407.75 Check Total: 07/26/2023 2130-44000-62300 Check Total: Walters Recycling & Refuse Inc 2,407.75 Check Sequence: 30 ACH Enabled: False 0007119148 Vendor: UnitStTr United States Treasury 07/26/2023 0101-41920-62020 0007119148 Check Sequence: 27 ACH Enabled: False PCORI Fees 2022 0101-41920-62020 150.00 07/23 Garbage & Recycling @ FS#3 07/26/2023 6200-48900-63005 07/26/2023 0101-41920-62020 Check Total: 150.00 Vendor: Verizon Verizon Wireless Check Sequence: 28 ACH Enabled: False 9939502523 Monthly Cell Phone Service 62.52 07/26/2023 0101-41200-62030 9939502523 Monthly Cell Phone Service 162.26 07/26/2023 0101-42300-62030 9939502523 Monthly Cell Phone Service 212.85 07/26/2023 2130-44000-62030 9939502523 Monthly Cell Phone Service 52.52 07/26/2023 0101-41500-62030 9939502523 Monthly Cell Phone Service 296.13 07/26/2023 0101-41600-62030 9939502523 Monthly Cell Phone Service 57.52 07/26/2023 0101-41400-62030 9939502523 Monthly Cell Phone Service 832.31 07/26/2023 0101-42200-62030 9939502523 Monthly Cell Phone Service 367.81 07/26/2023 0101-41420-62030 9939502523 Monthly Cell Phone Service 490.89 07/26/2023 0101-45000-62030 9939502523 Monthly Cell Phone Service 204.49 07/26/2023 5200-48200-62030 9939502523 Monthly Cell Phone Service 81.13 07/26/2023 010143300-62030 9939502523 Monthly Cell Phone Service 376.15 07/26/2023 0101-43100-62030 9939502523 Monthly Cell Phone Service 130.61 07/26/2023 610048800-62030 9939502523 Monthly Cell Phone Service 310.84 07/26/2023 510048100-62030 9939502523 Monthly Cell Phone Service 46.12 07/26/2023 0101-41910-62030 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page 5 Check Total: 3,684.15 Vendor: VomhofPa Paul Vomhof Check Sequence: 29 ACH Enabled: False 000037331 Driveway Escrow - 4143 155th Ave NW 600.00 07/26/2023 4140-00000-24201 Check Total: 600.00 Vendor: WalterRR Walters Recycling & Refuse Inc Check Sequence: 30 ACH Enabled: False 0007119148 07/23 Garbage & Recycling @ FS#1 70.52 07/26/2023 0101-41920-62020 0007119148 07/23 Garbage & Recycling @ FS#2 22.55 07/26/2023 0101-41920-62020 0007119148 07/23 Garbage & Recycling @ FS#3 17.55 07/26/2023 0101-41920-62020 AP -Computer Check Proof List by Vendor (07/26/2023 - 11:24 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 0007119148 07/23 Garbage & Recycling @ City Hall 99.45 07/26/2023 0101-41910-62020 7118086 07/23 Trash Removal @ Rental Properties 414.03 07/26/2023 4520-49300-62020 Vendor: WS&D Per 2023A2138 Check Total: WS & D Permit Service, Inc Refund Permit - Job Cancelled Check Total: Total for Check Run: Total of Number of Checks 624.10 Check Sequence: 31 72.00 07/26/2023 0101-42300-52185 72.00 52,659.06 31 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/2612023 - 11:24 AM) Page 6 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 07/26/2023 - 2:40PM Batch: 00431.07.2023 Invoice No Description 0 5 C 1DOVER Amount Payment Date Acct Number Reference Vendor: AnkCo02 Anoka Co Property Tax Div Check Sequence: 1 ACH Enabled: False 2023 2023 Assessment Contract 129,981.00 07/31/2023 0101-41410-63005 Check Total: 129,981.00 Vendor: AnkC00l Anoka Co Treasurer Check Sequence: 2 ACH Enabled: False S230707A 2023 3rd our Law Enforcement Contract 836,828.75 07/31/2023 0101-42100-63010 Check Total: 836,828.75 Vendor: ApexFac Apex Facility Solutions, LLC. Check Sequence: 3 ACH Enabled: False Payment#1 Community Center Water Softener 6,361.75 07/31/2023 2131-44000-65600 Payment#2 Community Center Water Heater 6,573.09 07/31/2023 2131-44000-65600 Check Total: 12,934.84 Vendor: LRRWMO LRRWMO Check Sequence: 4 ACH Enabled: False 540 Annual Assessment for LRRWM-2023 30,719.00 07/31/2023 2220-41600-63220 Check Total: 30,719.00 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 5 ACH Enabled: False E01792 New 2022 TR MT7 -Reimbursement Resolution 200,731.00 07/31/2023 4180-49300-65600 Check Total: 200,731.00 Vendor: Microsof Microsoft Corporation Check Sequence: 6 ACH Enabled: False E0700OICAQ Microsoft Online Services 20,328.00 07/31/2023 0101-41420-61320 Check Total: 20,328.00 Vendor: NoValley North Valley, Inc. Check Sequence: 7 ACH Enabled: False Payment #2 2023 M&O - Grey Oaks 48,138.16 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - No Valley Ridge 12,118.47 07/31/2023 4140-49300-63010 AP -Computer Check Proof List by Vendor (07/26/2023 - 2:40 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Payment #2 2023 M&O - Millers Woods 1 & 2 14,504.83 07/31/2023 414049300-63010 Payment #2 2023 M&O - BmsRollOks 2nd 30,211.83 07/31/2023 4140-49300-63010 Payment#2 2023 M&O-Nature's Run 12,420.95 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - Village @ Andover Station 11,399.79 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - Tnhm Wood Creek 1,292.95 07/31/2023 414049300-63010 Payment #2 2023 M&O - Wdland Crk Golf Vill 2,896.54 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - Kimberly Oaks 65,927.02 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - BmsRollOk/SmithRO 210,283.27 07/31/2023 4140-49300-63010 Payment #2 2023 Mill&Overlay-Prairie Rd 2,630.38 07/31/2023 4140-49300-63010 Payment#2 2023 Mill&Overlay-AndoverBlvd 12,887.22 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - Silver Meadows 48,407.58 07/31/2023 4140-49300-63010 Payment #2 2023 M&O - Constance Comer 12,675.07 07/31/2023 414049300-63010 Check Total: Vendor: NoValley North Valley, Inc. Payment #3 2023 Street Reconstruction Payment #3 2023 Full Depth Reclamation 485,794.06 Check Sequence: 8 350,671.16 07/31/2023 4703-49300-63010 493,821.03 07/31/2023 4703-49300-63010 ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/26/2023 - 2:40 PM) Page 2 Check Total: 844,492.19 Vendor: TruGreen TruGreen Check Sequence: 9 178917542 Timber River 284.55 07/31/2023 010145000-63010 178917542 Fire Station #2 92.40 07/31/2023 0101-41920-63010 178917542 Lunds North Park 226.80 07/31/2023 0101-45000-63010 178917542 Woodland Meadows 123.90 07/31/2023 0101-45000-63010 178917542 Forest Meadows 147.00 07/31/2023 0101-45000-63010 178917542 Hidden Creek Park South 114.45 07/31/2023 010145000-63010 178917542 Timber Trails Park 328.65 07/31/2023 0101-45000-63010 178917542 Crooked Lake Boat Landing 226.80 07/31/2023 0101-45000-63010 178917542 Rose Park 303.45 07/31/2023 0101-45000-63010 178917542 Hawkridge Park 1,055.25 07/31/2023 0101-45000-63010 178917542 Wild Iris Park 317.10 07/31/2023 OI01-45000-63010 178917542 Tetrace Park 543.90 07/31/2023 0101-45000-63010 178917542 Andover Station North Park 600.00 07/31/2023 0101-45000-63010 178917542 Oak Bluff 308.70 07/31/2023 010145000-63010 178917542 Shadowbrook East 313.95 07/31/2023 010145000-63010 178917542 Hidden Creek Park North 518.70 07/31/2023 0101-45000-63010 178917542 Eveland Fields 509.25 07/31/2023 0101-45000-63010 178917542 Fire Station#1 212.10 07/31/2023 0101-41920-63010 178917542 Shady Knoll Park 102.90 07/31/2023 0101-45000-63010 178917542 North Woods East 173.25 07/31/2023 0101-45000-63010 178917542 Nordeens 81.90 07/31/2023 010145000-63010 ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (07/26/2023 - 2:40 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 178917542 Fire Station #3 102.90 07/31/2023 0101-41920-63010 178917542 Country Oaks 221.55 07/31/2023 0101-45000-63010 178917542 Oakview 135.45 07/31/2023 0101-45000-63010 178917542 Maple View 147.00 07/31/2023 0101-45000-63010 178917542 Woodland Crossings 76.65 07/31/2023 0101-45000-63010 178917542 North Woods West 328.65 07/31/2023 010145000-63010 178917542 Creek View Crossing 87.15 07/31/2023 0101-45000-63010 178917542 Wellhouse #1 236.25 07/31/2023 510048100-63010 178917542 Hickory Meadows 81.90 07/31/2023 0101-45000-63010 178917542 Andover Lions 119.70 07/31/2023 0101-45000-63010 178917542 Wellhouse #3 95.55 07/31/2023 510048100-63010 178917542 Hills of Bunker 447.30 07/31/2023 0101-45000-63010 178917542 Hidden Creek Park East 492.45 07/31/2023 0101-45000-63010 178917542 Lift Station #3 35.70 07/31/2023 5200-48200-63010 178917542 Chesterton Commons 65.10 07/31/2023 0101-45000-63010 178917542 Community Center 388,00 07/31/2023 2130-44000-63010 178917542 Lift Station #4 35.70 07/31/2023 520048200-63010 178917542 Water Treatment Facility 200.55 07/31/2023 5100-48100-63010 178917542 Sophie's Park South 92.40 07/31/2023 0101-45000-63010 178917542 Sophie's Park 92.40 07/31/2023 0101-45000-63010 178917542 City Hall 379.58 07/31/2023 0101-41910-63010 178917542 Public Works 379.57 07/31/2023 010141930-63010 178917542 Red Oaks West 252.00 07/31/2023 0101-45000-63010 178917542 Veterans Memorial Blvd 708.00 07/31/2023 6100-48800-63010 178917542 Green Acres Park 184.80 07/31/2023 010145000-63010 178917542 Woodland Estates 140.70 07/31/2023 0101-45000-63010 178917542 Wellhouse#7 44.10 07/31/2023 510048100-63010 178917542 Wellhouse #6 39.90 07/31/2023 5100-48100-63010 178917542 Langseth Park 119.70 07/31/2023 0101-45000-63010 178917542 Meadows of Round Lake 100.80 07/31/2023 0101-45000-63010 178917542 Meadows North 92.40 07/31/2023 010145000-63010 178917542 Strootman Park 226.80 07/31/2023 0101-45000-63010 178917542 Fox Meadows 701.40 07/31/2023 0101-45000-63010 178917542 Pine Hill South 226.80 07/31/2023 010145000-63010 178917542 Prairie Knoll Park 1,250.55 07/31/2023 0101-45000-63010 178917542 Pine Hills North 1,055.25 07/31/2023 0101-45000-63010 178917542 Pleasant Oaks 136.50 07/31/2023 010145000-63010 178917542 Sunshine Park 3,257.10 07/31/2023 0101-45000-63010 178917542 12511 Nightingale Street 239.00 07/31/2023 0101-41930-63010 Check Total: 19,602.30 Vendor: Ziegler Ziegler, Inc. Check Sequence: 10 ACH Enabled: False AP -Computer Check Proof List by Vendor (07/26/2023 - 2:40 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference TNO01067464 Generator Maintenance @ Fire Stations 1,468.17 07/31/2023 0101-41920-62300 IN001067464 Generator Maintenance @ City Hall 489.39 07/31/2023 0101-41910-62300 IN001067464 Generator Maintenance @ Vehicle Maint 778.14 07/31/2023 610048800-62300 IN001067464 Generator Maintenance @ WTP 5,093.12 07/31/2023 5100-48100-62300 IN001067464 Generator Maintenance @ Litt Stations 3,660.10 07/31/2023 5200-48200-62300 IN001067464 Generator Maintenance @ Comm Ctr 489.39 07/31/2023 2130-44000-62300 Check Total: 11,978.31 Total for Check Run: 2,593,389.45 Total of Number of Checks: 10 AP -Computer Check Proof List by Vendor (07/26/2023 - 2:40 PM) Page 4 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: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administ David D. Berkowitz, Director ;ngineer Approve JPA with Anoka County/22-37/Round Lake Blvd. NW Reconstruction - Engineering July 31, 2023 INTRODUCTION8 The City Council is requested to approve the attached Joint Powers Agreement (JPA) between Anoka County and the City of Andover for the Reconstruction of Round Lake Boulevard NW, Project 22-37. DISCUSSION Anoka County has plans to reconstruct Round Lake Boulevard NW from 149th Lane NW to 157th Lane NW in 2024. As part of this project there are costs that are shared between the agencies for the roadway construction and as part of the project the City requested a new trail be constructed on the east side of Round Lake which is entirely a City cost. The JPA identifies the cost share and long term maintenance requirements. BUDGETIMPACT The total estimate project cost is $5,682,019.78 in which the City's portion of the project would be $521,281.66. There is an additional City cost for street lighting estimated by Connexus to be $144,292.50 which is not included in the JPA. All City costs will be funded by Municipal State Aid funds. ACTION REQUIRED The City Council is requested to approve the attached Joint Powers Agreement (JPA) between Anoka County and the City of Andover for the Reconstruction of Round Lake Boulevard NW, Project 22-37. Respectfully submitted, C0 --d David D. Berkowitz Attachment: JPA' Anoka County Contract No. C0009805 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 9 149TH LN TO 157TH AVE IN THE CITY OF ANDOVER, MN (SAP 002-609-022) THIS AGREEMENT is made by the parties on the last date executed below, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Andover, 1685 Crosstown Blvd NW, Andover, MN 55304, hereinafter referred to as "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct County State Aid Highway 9 (Round Lake Blvd) from 1491' Ln to 15711, Ave and, WHEREAS, said parties mutually agree that County State Aid Highway 9, between 1491 Ln and 157' Ave is in need of reconstruction; and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of County State Aid Highway/County Road 9 between 1491h Ln and 157th Ave in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 9, between 149th Ln and 157th Ave and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions. municipalities, and other public bodies of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage along with construction of a new trail as well as other utilities on CSAH 9 (Round Lake Blvd) between 1491h Ln and 157th Ave as described in the preliminary design plans. The County project number for the reconstruction is SAP 002-609-022 and the City project number is SAP 198-020-039 (collectively the "Project"). Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (hereinafter "Agreement") agree in principle that construction of County State Aid Project No. 002-609-022 between 149' Ln and 157`t' Ave is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit A defines the preliminary design of the Project. Anoka County Contract No. C0009805 It is agreed that the Exhibit A Layout dated May 22, 2023, has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit A Layout will require approval by the parties as an amendment to this Agreement. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of the Project IMPROVEMENTS: It is agreed by the parties that in 2024, CSAH 9 will be reconstructed to a four -lane section with concrete median to the extent shown in Exhibit A. Improvements include but are not limited to: right- and left - tum lanes, through lanes, shoulders, concrete curb and gutter, storm sewer with associated ponding and bituminous trail. As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit A Layout design: CSAH 9 / 1490' Ln: Full Access CSAH 9 / 150th Ln: Right -In Right -Out CSAH 9 / Church: Right -In Right -Out CSAH 9 / 152nd Ln:'/4 Access CSAH 9 / 153`d Ave: Full Access CSAH 9 / 1540` Ln: Full Access CSAH 9 / 156w Ave: Right -In Right -Out RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. Acquisition of any additional right-of-way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit A Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. RIGHT OF WAY: 154' lane, Exhibit D dated 5/18/23 It is mutually agreed by Anoka County and the City of Andover to re -align the existing 1540' Ln to the North. Anoka County agrees to purchase Area I (17,676 sq ft) shown in grey on Exhibit D in Fee for the re -alignment of 1540' Ln. After completion of the Project, Anoka County agrees to convey ownership of area I to the City of Andover at no cost. In turn, the City of Andover agrees to vacate the existing 154' Ln, Area 2B. The North half (7,273 sq ft) of Area 2B shall become the property of Anoka County for project ponding. The South portion (7,278 sq ft) of Area 2B \ (Referred to as E2 on Exhibit E), would become the property of #3200 (private landowner). However, the owner of #3200 agreed to convey this South portion of 2B to Anoka County for project ponding in exchange for driveway repairs. The terms of the conveyance of 2B are set forth in separate settlement documents between #3200 landowner and Anoka County. Anoka County Contract No. C0009805 Legal descriptions of Areas are attached as Exhibit E. wail fim= The City shall pay for a percentage of the cost of the storm sewer system, including the detention basins and their outlet structures. The City portion of the cost is based on contributing flow through the storm sewer system to the detention basin determined by the product of contributing area and runoff coefficient. Summary, 80.7% County, 19.3% City. See attachment Exhibit F for drainage splits. BITUMINOUS TRAIL: The parties agree to the construction of the bituminous trail along the East side of the roadway and that the City will be responsible for the local match in areas where no trail exists and the County will be responsible for the local match where a trail currently exists. This trail location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. This trail is not part of the County Regional Trail System. The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the City will pay for the design of the trail, the additional right of way and easements required to construct the trail at the proper location, and any removal items, with the exception of any soils correction in areas of existing trails, required to construct the trail. It is agreed that the following parcels require acquisition resulting from the construction of the proposed trail. It is agreed that the City is responsible for the following costs associated with said acquisition, per the standard cost sharing agreement (Exhibit C note 4). Par 021, 15557 Round Lake Blvd NW. 350sq ft T.E ($500) Par 022 & Par 023, 15427 Round Lake Blvd NW. 2100sq ft & 1800sq ft T.E. ($700) Par 024, 15421 Round Lake Blvd NW. 2006 sq ft T.E $800 land & $8,000 in trees = ($8800) Par 031, 15127 Round Lake Blvd NW. 212 sq ft T.E / 565 sq ft T.E ($227) Appraisals for all 5 parcels combined above, ($7,300) Total project R/W cost for trail, ($17,527) TRAFFIC CONTROL: The parties understand and agree that portions of CSAH 9 will not be closed to thru traffic during construction, and access for local traffic will be maintained during construction. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the city project cost divided by the total project cost. DRIVEWAYS: The parties agree that all driveways affected (excluding those identified for removal) by the Project will be reconstructed in kind at 100% project cost with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. Resident requests for upgrade paid by property owner. 3 Anoka County Contract No. C0009805 LANDSCAPING/STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape/Streetscape Guidelines. The City shall supply the signed plans, specifications, and estimated quantities (using MnDOT Item Numbers) and cost for the proposed landscape/streetscape. The total cost of the design as well as the construction cost above standard median cost will be at the expense of the requesting City. All construction documents must be submitted to the County by September 15`, 2023. Future maintenance of any landscaping/strectscaping will be the sole responsibility of the City of Andover. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Coon Creek Watershed District & the LRRWMO, city permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this Agreement (e.g. setbacks, tree clearing ordinances, or any other city ordinances). III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the "actual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. Exhibits B and C relating to costs are hereby incorporated and made part of this Agreement. Occasion The estimated construction cost of the total project is $5,261,129.42 The total estimated construction cost to the City is $466,439.50 The City participation in construction engineering will be at a rate of eight percent (81/o) of their designated construction share of $466,439.50 The estimated cost to the City for construction engineering is $37,315.16 The estimated cost to the City for R/W (trail easements) is $17,527.00. In summary, thetotal City share of this project is $521,281.66 *($466.439.50 + $37,315.16 + $17.527.00) = $521,281.66 Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the project estimated at $495,217.57 Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. After final completion of the project the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) of the City's portion of the construction costs shall be paid. The County agrees to submit to the City for review final quantities and cost within one year of project substantial completion. Anoka County Contract No. C0009805 IV. TERM /TERMINATION This Agreement shall become effective immediately upon execution and will remain in effect until the Project and all restoration activities are completed, with exception of the ownership and maintenance provisions within this Agreement which survive termination of this Agreement and continue indefinitely. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to city payment to the County, Anoka County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the city in their application for MSA funding. VIII. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of the bituminous trail on the East side of CSAH 9 shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. C. Maintenance of crosswalk pavement markings - The City will be responsible for all crosswalk pavement markings for any trail/sidewalk crossings at all city streets. D. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. The City will be responsible for long-term maintenance and replacement of the complete street light system including items such as: poles, fixtures, luminaires, and control cabinets. IX. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Andover, 1685 Crosstown Blvd NW, Andover, MN 55304, on behalf of the City. 5 Anoka County Contract No. C0009805 X. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. XII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each one of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. [Remainder of page intentionally left blank; signature page follows] M IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA 0 Rhonda Sivarajah County Administrator RECOMMENDED FOR APPROVAL: Joseph J. MacPherson, P.E. Transportation Division Manager APPROVED AS TO FORM AND EXECUTION: Christine V. Carney Assistant County Attorney CITY OF ANDOVER Sheri Bukkila Mayor By: Jim Dickinson City Administrator Dated: By: David D. Berkowitz Director of Public Works / City Engineer Scott Baumgartner City Attorney Anoka County Contract No. C0009805 EXHIBIT "A" Layout - P � ..40 L � `eau �„o � x .. { el --s .o. I i �1 ! iy'I� ' i Ir '�%��i• ,` J.1. !� .F p ! r � '1 r.. � 45 !._ r. �� '.,Q r Anoka County Contract No. C0009805 EXHIBIT "B" Cost Distribution Spreadsheet ITEM NO. ITEM DESCRIPTION UNIT TOTAL PROJECT QUANTITIES ESTIMATED ESTIMATE URitC05t Total AcITYOF SAP AP 0024090COUNTY VA 22 ANOCOUNTY ANDOVER 002 ROADWAY 002409422 SAP 198020039 QUANTITIES COST ROADWAY ESTIMATED QUANTITIES ESTIMATED SAP 002409-022 (80.n4CITYOF SAP 1904201039 ANDOVER (19.3%) COST DRAINAGE QUANTITIES ESTIMATED DRAINAGE COSTS ESTIMATED 2021.501 MOBILRATON LUMP SUM 1 524],666 $24].000.00 0.732 5100804.00 0046 $11,362.00 0.222 $54.834.00 261.62 FIELDOFFICE EACH 1 52006.6 $20.000.00 0732 $14.640.00 0.046 5920tH 0.222 $4.440.00 2101.502 GRUBBING EACH 33 $253.00 58.349.6 33 58.34900 2101.505 GRUBBING ACRE 1 5636.6 $6.0]200 i 56.072.6 2102.503 PAVEMENT MARKING REMOVAL UN FT 121W 675 $9,001.00 1 12100 59.081.6 2104.502 REMOVE CASTING EACH 9 530000 .00 9 92.]00.00 2104.502 REMOVE DRAINAGE STRUCTURE EACH 9 $1,000.00.00 9 $9.000100 2104.502 REMOVE BITUMINOUS FLUME EACH 2 546000.00 2 $920.00 2104.502 REMOVE SIGN TYPE C EACH 47 540.00 .00 47 31.8800) 2104.502 REMOVE HANDHOLE EACH 3 536000 .00 3 51.104.00 2104.502 SALVAGE SIGN TYPE D EACH 2 $465000 @$7,493.40 2 $92 GO 2104.502 SALVAGE SIGN TYPE SPECIAL EACH 8 $46.00 .00 8 5368.00 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) UNFT 65 5690 .50 65 544850 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH UN FT 632 52.88 .00 632 $1.817.00 2104.503 REMOVE PIPE CULVERTS UN FT 362 $20.70 .40 362 57493.40 2104.503 REMOVE SEWER PIPE(STOWAI UNFT 818 521.85 3.30 618 $1].8]3.30 2104.503 REMOVE CURB AND GUTTER UN FT 4264 $345 080 4264 510]1.00 2104.503 REMOVE UNDERGROUND WIRE 210#14 UN FT 5]] St. $829.44 5]] 502944 2104.503 REMOVE RIGID STEEL CONDUIT LIN FT 443 $11.1 $5,094.50 443 $5.094.5) 21W 504 REMOVE CONCRETE DRIVEWAY PAVEMENT SOYD 42 $11.50 :403.00 42 546300 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SOYD 1238 5515 $7.118.% 1238 $7.118.50 2104.504 REMOVE BITUMINOUS PAVEMENT SOYD 35NO $4.31 $154.310.93 35803 $154.31093 2104.518 REMOVE CONCRETE MEDIAN 50 FT 5632 $1.15 $6.476.80 5632 56.476.80 2106.50] EXCAVATON-COMMON (Pj CUYD 15846 510.00 $158.46.0) 15546 $158.460.00 2106.67 EXCAVATION - SUBGRAOE (P) CUYD 14918 $6.6 $119,344.00 14918 5119.344.00 2106.6] EXCAVATION -CHANNEL AND POND CUYD 8877 Slo.6 $88.]]0.00 W77 563.]]0.6 2106.507 SELECT GRANULAR EMBANKMENT (M P) CUYD 16669 $12.00 $26.028.00 16669 $26,028.00 2106.50] COMMON EMBANKMENT IF, CUYD 10393 $6.6 $62.358.00 10393 562.358.6 2112.603 iSHOULDERPREPARXTON LIN FT 4871 54.75 $23.13725 4071 523.137.25 2123.510 DOTER HOUR 20 $195.50 $3,9106 20 53,910.6 2123.610 CRAWLER MOUNTED BACKHOE HOUR N $195.50 $3,910.6 20 53.910.6 2123610 STREET SWEEPER (WITH PICKUP BROOM) HOUR 27 5161.00 $4,34].6 2] 54.347.6 2130.523 WATER M GAL 40 $57.50 $2.36.6 a0 $2.300.6 2211.507 AGGREGATE BASE (CV)CLA355 (P) CUYD 12519 $29]] $372.66.63 12519 53]2.690.63 2211.5% AGGREGATE BASE CIASSS TON 1854 533.71 $62,498.34 165 533878.55M�SS28,619,792232.504 MILL BITUMINOUS SURFACE(2.0') JOINTS SO YD 166 WA5 553820 156 S53B.20 235].,`06 BTUMIN'OUS MATERIAL FOR TACK COAT GAL 404] $2.88 $11.63513 404] $11.63513 2360.`509 TY PE SP 95 WEARING COURSE(2.8, TRAIL B DRIVEWAYS TON 119] MwC0 $119]6,6 649 564.606 2350.69 TYPE SP I2.S BIT MIXTURE FOR PATCHING TON 1.83 $18000 5328.90 1.83 5328.6 2360.56 TYPE SP 12.5 `NEARING COURSE MIX 3,Ci TON 9307 $84.1 $]81,]806 9307 $781.788,00 2360.509 TYPE SP 12.5 NON -`NEAR COURSE MIX 3.C) MAINLINE TON 7265 $80.6 $581.26.6 7265 $581.26.6 2411.502 CONCRETE FLUME EACH 3 $167500 $5.025.6 3 $5.0256 2451.507 FINE AGGREGATE BEDDING C/ CUYD 26 532.6 SBAS83.11 26% $84.983.11 0 261.502 15' RC PIPE APRON EACH 5 534.6 5170.6 5 $170.6 2501.502 18' RG PIPE APRON EACH 2 $1721.6 $3.442.6 2 $3,442.00 261,62 24' RC PIPE APRON EACH 1 $1,85060 81,850.6 1 51,850.00 2501502 27'RCPIPEAPRON EACH 1 $1.963.6 51.9686 1 51963.00 261.62 X' RC PIPE APRON EACH 1 S1.985 GO 51,988.6 1 $1,96500 0 222 ITOTAL EXCLUDING PO -WED ITEMS I $4,936,129.42 $3,614,]96.32 5226,204.79 $1.095,128.01 PRO-MTED PERCENTAGE 1.000 0.732 0.0.16 0.222 SAP 002-609-022 149TH LN TO 157TH AVE -FUNDING SPLITS ANOKA ANOKA CRYOF CRYOF PROJECT KA COUNTY COUNTY CMYOF ANDOVER BLAINE TOTALS COUONTY STATE AID LOCAL ANDOVER STATE AID LOCAL TOTALS FUNDS FUNDS TOTALS FUNDS FUNDS ROADWAY $4.093,851.11 $3,852,696.32 $3,852,696.32 5241,154.79 $241,154.79 DRAINAGE(County 80.7%, City 19.3% 57.167,278.31 $941,993.60 $941,993.60 $225.284.71 $225,284.71 CONSTRUCTION TOTAL S5,261.129.42 54794,689.92 $4,794,689.92 $466,43950 5466,439.50 8% CONSTRUCTION ENGINEERING $420,890.35 $383,575.19 $383,575.19 537,315.16 $37,315.16 R/WCOSTS (LNB BITUMINOUS TRAIL) $17,527.00 PROJECTTOTAL $5,682,019.78 $5,178,265.11 55,178.265.11 $521,281.66 5503,754.66 Anoka County Contract No. C0009805 EXHIBIT `VY FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY ITEMS Concrete Curb & Gutter Concrete Curb & Gutter for Median and Center Island Construction Concrete Median Concrete Sidewalk Concrete Sidewalk Replacement Bikeways Bikeway Replacement Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals, new (communities larger than 5,000) w/ State Aid approved SJR Traffic Signals, replacement (communities larger than 5,000) w/ State Aid approved SJR COUNTY SHARE 50% 100% 100% 0% 100% 0% 100%, Unless existing trail not placed at edge of RNV 0% Traffic Signals, new & replacements (communities less than 5,000) w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR EVP Engineering Services Right -of -Way Street Lights 100% based on state aid letter"z 100%, in-kind % the cost of its legs of the intersection the cost of its legs of the intersection 100% 0% 0% +3 100%*4 0% CITY SHARE 50% 0% 0'1 100% 0% 100% 0% 100% 0% based on state aid letter`2 100%, of up -grades the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection the cost of its legs of the intersection 0% 100% 100% +3 0% 100% Noise Walls 100%, if not previously notified'' 100%, if previously notified 5 '1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. •2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. '3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. -4 In the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. `5 Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. Maintenance shall be the responsibility of the agency paying for the initial installation. When the County is the responsible agency, it shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, the requesting agency will pay the additional cost above the cost of standard noise wall. 10 #3300 EXISTINGCITY I WOULD REMAIN UNCHANGED k 932631 ` a t. / oo. r 4 66' AII 1 A" „ 2— .� A ANOK:\ EXHIBIT "D” 154TH LN & CSAH 9 PSE NW P.\M2-609-022\Base\Proposed\,wk\W2609022_L CWS 154*n 5_1833d, i k Date:S/18/2023 �l LT 3 BLOCK 8 44' EXHIBIT "E" ME NME: P.\663-609-03]\Bm6\Ne \�\06360 223 A EXHIMT 6�2Z3 qn Date: 6/22/23 EXHIBIT "E1" In Fee Title that part of 154TH Lane NW according to tAKERIDGE plat thereof on file and of record in the office of the Anoka County Recorder and Registrar of Titles, describes as follows: Beginning at northeast corner Lot 3, Block 8 of said LAKERIDGE; thence westerly on assumed bearing a distance of 154.69 feet along a non-tangential curve along the southerly right of way of said 154th Lane NW concave to the north having a radius of 279.30 feet, a central angle of 31 degrees 44 minutes 00 seconds, and the chord of said curve is 152.72 feet in length and bears North 73 degrees 26 minutes 07 seconds West; thence North 57 degrees 34 minutes 12 seconds West along said southerly right of way, a distance of 64.59; thence North 00 degrees 00 minutes 00 seconds East, a distance of 38.55 feet to the centerline of said 154th Lane; thence southeasterly a distance of 15.20 feet along a non-tangential curve concave to the southeast having a radius of 247.20 feet, a central angle of 03 degrees 31 minutes 20 seconds, and the chord of said curve is 15.19 feet in length and bears South 59 degrees 19 minutes 54 seconds East along said centerline; thence South 57 degrees 34 minutes 12 seconds East along said centerline, a distance of 70.08 feet; thence easterly along tangential curve, concave to the north, radius 246.30 feet, central angle 31 degrees 44 minutes 01 seconds 136.41 feet along said centerline to the westerly right of way County State Aid Highway No. 9; thence South 00 degrees 42 minutes 04 seconds West along said westerly right of way, a distance of 32.99 feet to the point of beginning there terminating. Said parcel containing 7,278 square feet, more or less. P.I.N. 20-32-24-14-0009 In Fee Title that part of 154T" Lane NW according to LAKERIDGE plat thereof on file and of record in the office of the Anoka County Recorder and Registrar of Titles, describes as follows: Beginning at southeast corner Lot 9, Block 7 of said LAKERIDGE; thence westerly on assumed bearing a distance of 118.14 feet along a non-tangential curve along the northerly right of way of said 154'h Lane NW concave to the north having a radius of 213.30 feet, a central angle of 31 degrees 44 minutes 04 seconds, and the chord of said curve is 116.64 feet in length and bears North 73 degrees 26 minutes 06 seconds West; thence North 57 degrees 34 minutes 12 seconds West along said northerly right of way, a distance of 70.08; thence northwesterly along said northerly right of way along tangential curve concave to the southwest, radius 280.20 feet, central angle 04 degrees 28 minutes 17 seconds 21.87 feet; thence southwesterly a distance of 13.31 feet along a non-tangential curve concave to the north having a radius of 320.31 feet, a central angle of 02 degrees 22 minutes 48 seconds, and the chord of said curve is 13.30 feet and bears South 63 degrees 08 minutes 45 seconds West; thence South 00 degrees 00 minutes 00 seconds East, a distance of 25.09 feet to the centerline of said 1541h Lane NW; thence southeasterly a distance of 15.20 feet along a non-tangential curve concave to the southwest having a radius of 247.20 feet, a central angle of 03 degrees 31 minutes 20 seconds, and the chord of said curve is 15.19 feet in length and bears South 59 degrees 19 minutes 54 seconds East along said centerline; thence South 57 degrees 34 minutes 12 seconds East, a distance of 70.08 feet along said centerline; thence easterly along tangential curve, concave to the north, radius 246.30 feet, central angle 31 degrees 44 minutes 01 seconds 136.41 feet along said centerline to the westerly right of way County State Aid Highway No. 9 (also known as Round lake Boulevard); thence North 00 degrees 42 minutes 04 seconds East along said westerly right of way, a distance of 33.00 feet to the point of beginning there terminating. Said parcel containing 7,273 square feet, more or less. P.I.N. 20-32-24-14-0006 David M. Zieginneier, LS County Surveyor Anoka County TRANSPORTATION DIVISION Surveyor's Office OWNER: Ed Fields & Sons Inc. 002-609-022 PARCEL 9 new road Exhibit "E3" June 21. 2023 Fee title that part of Lot 9, Block 7, LAKERIDGE according to the map or plat thereof on file and of record in the office of the Anoka County Recorder and Registrar of Titles, described as follows: Commencing at southeast corner of said Lot 9; thence North 00 degrees 42 minutes 04 seconds East assumed bearing along the east line of said Lot 9, a distance of 180.79 feet to the point of beginning; thence North 00 degrees 42 minutes 04 seconds East along said east line, a distance of 66.31 feet; thence southwesterly a distance of 155.59 feet along a non-tangential curve concave to the south having a radius of 283.00 feet, a central angle of 31 degrees 30 minutes 02 seconds, and the chord of said curve is 153.64 feet in length and bears South 70 degrees 05 minutes 45 seconds West; thence South 54 degrees 20 minutes 44 seconds West, a distance of 68.56 feet; thence southwesterly along a tangential curve, concave to the north radius 216.98 feet, central angle 34 degrees 12 minutes 52 seconds 129.57 feet to the southwest corner of said Lot 9; thence southeasterly a distance of 132.76 feet along a non-tangential curve concave to the south having a radius of 280.20 feet, a central angle of 27 degrees 08 minutes 51 seconds, and the chord of said curve is 131.52 feet in length and bears South 75 degrees 36 minutes 57 seconds East; thence northeasterly a distance of 36.57 feet along a non-tangential curve concave to the northwest having a radius of 283.00 feet, a central angle of 07 degrees 24 minutes 11 seconds, and the chord of said curve is 36.54 feet in length and bears North 58 degrees 10 minutes 33 seconds East; thence North 54 degrees 20 minutes 45 seconds East, a distance of 68.71 feet; thence easterly a distance of 114.66 feet along a non-tangential curve, concave to the southeast having a radius 220 feet, central angle 29 degrees 51 minutes 46 seconds, and the chord of said curve is 113.37 feet in length and bears North 69 degrees 22 minutes 51 seconds East to the point of beginning there terminating. Said parcel containing 17,676 square feet, more or less. P.I.N. 20-32-24-14-0006 Survey Job # 21-165 Respectful, Innovative, Fiscally Responsible Government Center ♦ 2100 311 Avenue, Suite 224 ♦ Anoka, MN 55303-5033 Office: 763-324-3200 ♦ Fax: 763-324-3210 ♦ www.anokacounty.us/surveyor Affirmative Action / Equal Opportunity Employer EXHIBIT "E4" In Fee Title that part of Lot 9, Block 7, LAKERIDGE according to the map or plat thereof on file and of record in the office of the Anoka County Recorder and Registrar of Titles, lying southerly of a line described as follows: Beginning at southeast corner of said Lot 9 thence North 00 degrees 42 minutes 04 seconds East assumed bearing along the east line of said Lot 9, a distance of 247.10 feet to the beginning of described line; thence southwesterly a distance of 155.59 feet along a non-tangential curve concave to the south having a radius of 283.00 feet, a central angle of 31 degrees 30 minutes 02 seconds, and the chord of said curve is 153.64 feet in length and bears South 70 degrees 05 minutes 45 seconds West; thence South 54 degrees 20 minutes 44 seconds West, a distance of 68.56 feet; thence southwesterly along a tangential curve, concave to the north radius 216.98 feet, central angle 34 degrees 12 minutes 52 seconds 129.57 feet to the southwest corner of said Lot 9 and line there terminating. Said parcel containing 38,798 square feet, more or less. AND A permanent easement to construct, access, maintain and repair a stormwater retention pond ('Pond") including all such purposes ancillary, incident or related thereto, under, over, across, and upon that real property legally described as: that part of Lot 9, Block 7, LAKERIDGE according to the map or plat thereof on file and of record in the office of the Anoka County Recorder and Registrar of Titles. Describes as follows: Beginning at northeast corner of said Lot 9, thence North 89 degrees 08 minutes 39 seconds West assumed along the north line of said Lot 9, a distance of 127.00 feet; thence South 00 degrees 42 minutes 04 seconds West, a distance of 174.32 feet; thence South 23 degrees 15 minutes 34 seconds East, a distance of 71.68 feet; thence easterly a distance of 101.43 feet along a non-tangential curve concave to the south having a radius of 283.00 feet, a central angle of 20 degrees 38 minutes 47 seconds, and the chord of said curve is 101.43 feet and bears North 75 degrees 31 minutes 23 seconds East to the east line of said Lot 7; thence North 00 degrees 42 minutes 04 seconds East along said east line, a distance of 212.93 to the point of beginning there terminating Said permanent easement containing 27,880 square feet, more or less. P.I.N. 20-32-24-14-0006 EXHIBIT "F" TOTAL DRAINAGE CONTIBUTIONS CONTRIBUTION DRAINAGE AREA ACRE PERCENTAGE COUNTY IMPERVIOUS 10.358 80.7% COUNTY PERVIOUS 2.253 CITY IMPERVIOUS 0.623 19.3% CITY PERVIOUS 4.961 NDOVEI� 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 Administra FROM: Erick Sutherland — Recreational Dasher Board Lee Brezinka, Finance Manager SUBJECT: Amend Fee Ordinance DATE: July 31, 2023 INTRODUCTION Staff is recommending the following changes/additions to the fee ordinance. Proposed Fees would go into effect 9/1/2023. Community Center ICE ARENAISPORTS COMPLEX 2022/23 2023/ Wall Banner 4x8 $750.00 24 $850.00 Wall Banner 8x8 $1,20-0-0-0- $1,350.00 Dasher Board $750.00 $850.00 In -Ice Ad - Ice Arena -$l'-5 0-0.0-0- $1,600.00 In -Ice Ad— Sports Complex $1,300.00 Zamboni Wrap $2,000.00 $2100.00 Scoreboard—Li hted $1,200.00 $1350.00 Wall Sign —Lihted 1$1250.00 Water 3" Hydrant Meter Setup: change deposit from $1,300 to $2,500. BUDGET IMPACT The additional revenues will help offset the operational costs. ACTION REQUESTED The Andover City Council is requested to approve the changes to the fee ordinance. Ryespectfully submitted, ,(//�J Erick Sutherland Lee Brezink/a Attachments: Ordinance STATE OF MINNESOTA AN ORDINACE AMENDING THE CITY CODE TITLE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Community Center: ICE ARENA/SPORTS COMPLEX 2022/23 2023/24 FIELDHOUSE $750.00 $850.00 Wall Banner 4x8 $1,200.00 $1,350.00 Wall Banner 8x8 $750.00 $850.00 Dasher Board $1,500.00 $1,600.00 In -Ice Ad - Ice Arena $1,300.00 In -Ice Ad — Sports Complex $2,000.00 $2,100.00 Zamboni Wrap $1,200.00 $1,350.00 Scoreboard — Li ted $1,250.00 Wall Si — Lighted FIELDHOUSE Water: 3" Hydrant Meter Setup: change deposit from $1,300 to $2,500. Adopted by the City Council of the City of Andover on this, 31 st day of July 2023. Attest: CITY OF ANDOVER Michelle Harmer — Deputy City Clerk Sheri Bukkila - Mayor $750.00 $850.00 Wall Banner 4x8 Water: 3" Hydrant Meter Setup: change deposit from $1,300 to $2,500. Adopted by the City Council of the City of Andover on this, 31 st day of July 2023. Attest: CITY OF ANDOVER Michelle Harmer — Deputy City Clerk Sheri Bukkila - Mayor D 6 W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Joe Janish, Community Developm( Jake Griffiths, Associate Planner FROM: Aidan Breen, Planning Intern SUBJECT: Consider Interim Use Permit (IUP) Amendment —16045 Nightingale St NW; PID# 15-32-24-42-0006 — Andover Christian Church (Applicants) — Planning DATE: July 31, 2023 BACKGROUND The applicant, Andover Christian Church, is requesting to extend the timeframe for the removal of the subordinate classroom structures on their property by 18 months. Their current permit expires August 31, 2023. A Conditional Use Permit (CUP) for the temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998 and a four-year extension was granted to the church in 1999. A five-year extension was granted in 2003. Andover Christian Church acquired the property in 2004, and extensions to the CUP were granted again in 2008 and 2013. In 2018, the CUP was converted into an Interim Use Permit with a 5 -year term. The application includes a plan for phased construction and remodeling which would permit the removal of the subordinate classroom structures. The application notes that this phased plan does not include a definite timeline and is subject to financial circumstance, however the applicant intends to complete construction within 18 months. The subordinate classroom structures are currently used for the applicant's Youth Center. As soon as they are able, the applicant intends to remodel their existing primary building to accommodate their Youth Center (See "Future Plans.." document and Phased Construction Plan beginning on page 20), allowing them to remove the subordinate classroom structures. Once removed, the applicant then intends to build a permanent structure where the subordinate classrooms were located. As per Chapter 12 -Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses, Subordinate Classrooms require an Interim Use Permit. Since the existing IUP has not yet expired, the applicants are requesting an amendment to extend the expiration date. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; • The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included in the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms has been conducted since their construction. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal and maintenance are the sole responsibility to the applicant. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. If the IUP Amendment is approved, the Building and Fire Departments would like to inspect the structure. Planning & Zoning Commission Review The Planning and Zoning Commission held a public hearing on the IUP amendment request at their July 25`h 2023 meeting. A representative for the applicant was the only individual present to speak for or against the IUP Amendment. Some members of the commission expressed initial skepticism for the request to extend the IUP for the use of the temporary classroom structures, as the structures have been in place for 25 years now. However, these commissioners stated that the provided construction plans and financing details answered their concerns, indicating that the applicant was much closer to beginning construction work that would allow for the structures' removal than in past applications. This was also evidenced by the applicant's request for an 18 - month IUP extension, rather than another full 5 -year IUP. After discussion, the Commission unanimously recommended approval of the IUP Amendment request as written (7 -yes, 0 -no). 2 ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning and Zoning Commission and make a decision on the Interim Use Permit Amendment request. A mitted, n Planning Intern Attachments Draft Resolution of Approval p. 4 Draft Resolution of Denial p. 6 Location Map p. 8 Aerial Photograph P. 9 Existing NP Resolution P. 10 Minutes from 2018 P&Z and CC Meeting for Existing lUP Resolution p. 12 Applicants' Materials p. 20 Cc: Andover Christian Church, Attn: Bill Barber, 16045 Nightingale St NW, Andover MN 55304 t CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NW 1/4 OF SETA OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL/W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit amendment for the use of subordinate classrooms for an 18 -month extension on the removal of the subordinate classroom structure granted by a past interim use permit, and; WHEREAS, the Planning and Zoning Commission held a public hearing on July 25, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for extending the time for the removal of the subordinate classroom structure(s) on property located at 16045 Nightingale Street NW with the following conditions: 1. The Interim Use Permit shall expire in 18 months, on February 28, 2025, at which time the temporary structures shall be removed 2. Upon the issuance of the Interim Use Permit, the Building and Fire Departments shall 11 perform an inspection of the subordinate classroom structure. 3. If the subordinate classroom structures do not pass inspections by Andover Fire and Building Departments, the structures shall be brought into compliance or the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 31st Day of July 2023. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NW 1/4 OF SE1/4 OF SEC 15 TWP 32 RGE 24 LYG SLY OF SLY R/W LINE OF CSAH NO 20 & LYG NWLY OF FOL DESC LINE: BEG AT A PT ON W LINE OF SD 1/4 1/4 663 FT S OF NW COR THEREOF, TH E PRLL/W N LINETHEREOF 402 FT, TH NELY TO A PT ON SD SLY R/W LINE 300 FT WLY OF E LINE OF SD 1/4 1/4 & THERE TERM, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Andover Christian Church requested an interim use permit amendment for the use of subordinate classrooms for an 18 -month extension on the removal of the subordinate classroom structure granted by a past interim use permit, and; WHEREAS, the Planning and Zoning Commission held a public hearing on July 25, 2023; and, WHEREAS, the Planning and Zoning Commission finds the request: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. WHEREAS, the City Council disagrees with the recommendation of the Planning and Zoning Commission and denies the Interim Use Permit Amendment Request to extend the deadline for removal of the subordinate structures by 18 months; and, 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the interim use permit amendment for the following reasons: 1. 2. 3. The City Council of the City of Andover hereby orders the usage of the subordinate classrooms to cease on August 31', 2023 and to be removed from the property within 90 days. Adopted by the City Council of the City of Andover on this 31" day of July 2023. CITY OF ANDOVER ATTEST: Sheri Bukkila, Mayor Michelle Hartner, Deputy City Clerk c i -V d, VEER Site Location Map Hwy; � ... •' .`•ti, : C . T 1..� +�,- i t r r - •`':". Nom.. _ r l' Site Location •�i w.�*,. y { ` t. i. Y ii,ul 16045 NightingaleStNW I 3V Qq o • - ' � L ? ` k � ° , �i`'C�jy'S ! C'�y6, {i • w T • . 1 , V Fin �`,,�.1f „S, �( ♦`.t:p ' ;�'.J, - '._ «tit 4 ♦ *•, t .ty ��` ..Ti •fi �'''ty4f� .,ey�• t. �' �• "," i , F r k-• r •C ��� �j. i:. !e♦'!I' ` �; '� �;. ,� q � i`� -.i . -�' �Y' '..�, .: 7. ; it '+:` - A IL It A -a l .� t1.\ .r .♦4 _ a :z s r s :. �: aC ` a. :4' 7'^ r. .'Nub .i f t ^/W^'ii"' 1 "�Iy. •�' .. ♦ �.. art } 'r.+ ♦M� _ b ..� - t :? k�,; M�(�,(aPµ� t�il'J T �.�N �.:.'�r-4,u�C^:_ ,. !.. ` `I}, �/�'� w It �r ` � 7 . �i . , , ~ � 1. }' � �'+'h !. � R'r� � 1 i ie n e � b � �^ ' �+ �� {{�� j 1 � : . •, ae;.j r� tf'r'- .�r�9►e,�i.. ie.. l ..ib tA. Date Created: July 11. 2023 Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. ip E AERIAL PHOTO O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053-18 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006) THAT PRT OF NW1/4 OF SEI/4 OF SEC 15 TWP 32 ROE 24 LYO SLY OF SLY R/W LINE OF CSAH NO 20 8t LYO NWLY OF FOL DESC LINE: BEG AT APT ON W LINE OF SD 1/41/4 663 FT S OF NW COR THEREOF, TH E PRLIIW N LINETILEREOF 402 FT, TH NELY TO A PT ON SD SLY R1W LINE 300 FT WLY OF E LINE OF SD 1/41/4 8c THERE TERM, EX RD, SUED TO EASE OF RBC, Anoka County, Minnesota. WHEREAS. Andover.Chdstisn Church requested an interim use Permit for the use of subordinate classrooms for a five year extension on the removal of the subordinate classroom structure granted by past conditional use permits, and; WHEREAS, the Plamdng and Zoning Commission held a public hearing on August 15, 2018; WHIMEAS, the Planning and Zoning Commission finds the request: I. Will not create an excess burden on parks, streets, and otherpublic facilities; • The subordinate classrooms have been in place since 1998 and no issues have been reported at this time. 2. Will not be indurious to the surrounding neighborhood or otherwise harm the Public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every2 or 3 years. A condition has been included on the resolution that would also require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 1998 and inspected by the Fire Department every 2 or 3 years. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms have been conducted since initially obtaining a permit to have them. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal, and maintenance aro the sole responsibility to the applicant. © 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a O condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the intotim use and any interim structures upon the expiration of the interim use permit WHEREAS, the Planning and Zoning Commission recommends to the City Council mgZMsj of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby gppmves the interim use permit to allow for extending the time for the removal ofthe subordinate classroom structure(s) on property located at 16045 Nightingale Street NW with the following conditions: I. The Interim Use Permit shall expire on August 31, 2023, upon the transfer of the property to a third party, or upon a cbange of use of the property, whichever shall frost occta. 2. Upon the issuance ofthe Interim Use Permit, the Building Department shall perform an inspection ofthe subordinate classroom structure. 3. If the subordinate classroom structure does not pass inspections by the Building Department and or Fire Department the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 21a day of August, 2018. O MY OF ANDOVER ATTEST:,' Tnrde,Mayer 'tBle Rattner, Deputy City Clerk C Regular Andover Planning and Zoning Commission Meeting Minutes —August 15, 2018 Page 2 Chairperson Nemeth requested the following corrections: Page 3, sixth paragraph, third line, `Land Use goalwhich is to' Page 8, fifth paragraph, insert period (.) at the end Page 10, first paragraph, second line, `neighborhood and it is' age 11, sixth paragraph, I" condition, last line, `wider at the front yard Pad s back lines.' Motion by Hudson, seconded by Loehlein, to approve the minutes as amended. Motion carried on a A -dVes, 0 -nays, 0 -present, 3 -absent (Daninger, Koehler IV, and Sims) vote. June 24 2018 wor ession Meeting Chairperson Nemeth re ested the following corrections: Page 2, Line 20, ` ommissioner iarisle Loehlein' Page 2, Line 36, `... cation of 7a Avenue and Bunker Lake...' Page 2, Line 27, `is c to the rail Iine, and on Bunker Lake Boulevard as one of the... Page 2, Line 26, `was re ed to the Park & Rec Commissioner.' Motion by VanderLaan, seconded y Loehlein, to approve the minutes as amended. Motion carried on a 3 -ayes, 0 -nays, 1- resent (Hudson), 3 -absent (Daninger, Koehler IV, and Sims) vote. PUBLIC HEAREve Interim Use ,Permit for the Continuation of Subordinate Classroom Structures —.Andover Christian Church. Community Development Director Janish noted the purpose of this item is to hold a public hearing and take input on the request of Andover Christian Church to continue the timeframe for the removal of subordinate classroom structures on their property. He referenced the five standards that must be found to approve an 1UP. Community Development Director Janish presented the request, noting the City had previously approved Conditional Use Permit (CUP) amendments for this property for temporary structures. Community Development Director Janish stated a CUP for temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998 and a four-year extension was granted in 1999. Five-year extensions were granted in 2003, 2008, and 2013. The current CUP will expire on August 31, 2018. Community Development Director Janish displayed a site plan of the subject site as well as photographs submitted by the applicant showing exterior building elevations and the subordinate classroom structures. He stated staff has drafted resolutions for consideration that include possible findings of fact and two conditions of approval as follows: 1. The Interim Use Permit shall expire on August 31, 2023 at which time the temporary structures shall be removed. Regular Andover Planning and Zoning Commission Meeting Minutes —August 15, 2018 ® Page 3 *� 2. Upon the issuance of the Interim Use Permit, the Building Department shall perform an inspection of the subordinate classroom structure. Community Development Director Janish stated the next required inspection by the Fire Department is in September of 2018. If the extension is approved, the Building Department has requested to conduct their inspection at the same time as the Fire Department. Community Development Director Janish referenced the e-mail received from Paula and Dann Mueller voicing their support and comments related to the classrooms and church property in general. Chairperson Nemeth asked if Commissioners had questions of staff. Commissioner VanderLaan asked about the handling of the resolution, noting the e-mail referenced asks for adjustments in the pattern of lights and placement of trees. She also asked if that should be referenced in the motion or was staff mention of these issues sufficient. Community Development Director Janish stated the evaluation tonight is whether to continue to have subordinate classrooms on the property. The two items raised in the e- mail do not fall under the relationship of classrooms on the property but may relate to other Q impacts to the neighbor. He noted it may be appropriate to bring those issues to the attention of the applicant with a request to accommodate those two items. C Commissioner Hudson asked if the Building Inspector has inspected the temporary classrooms in the past. Community Development Director Janish answered there was an inspection by the Building Department at the beginning and in 2013 when the IUP was renewed. The Fire Department inspects every two to three years. Commissioner Hudson asked whether the Building Official can inspect prior to consideration. Community Development Director Janish explained that option was raised and the church indicated there will be no problem in addressing any item that is found during an inspection. Chairperson Nemeth referenced the background information as contained in the staff report and asked about the timing of renewal. He noted the subordinate classroom structures were originally approved in 1998 and a four-year extension was approved in 1999, which is only one year later. Community Development Director Janish stated the Family of Christ Lutheran Church may have pursued other options and then decided an extension was more appropriate. Motion by Hudson, seconded by Lochlein, to open the public hearing at 7:20 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent (Daninger, Koehler IV, and Sims) vote. D3 Regular Andover Planning and Zoning Commission Meeting Minutes —August 15, 2018 Page 4 10 Chairperson Nemeth read the e-mail received from Paula and Dan Mueller, 1966 1591 Lane NW, stating their support and asking the church to adjust its pole lighting so it does not shine into their front windows and also to plant large Pine trees on the east side of the entry. Dr. Jim Conner, Senior Pastor at Andover Christian Church (ACC), stated he was not previously aware of either issue. He explained their parking lot lights were updated to LED and they have already contacted the installer and were assured a shield could be mounted, to keep light within the parking lot. Pastor Conner stated they will have light shields installed to address that concern. With regard to the trees, that is also a new issue and they will check into options. Pastor Conner stated they may either move trees or purchase additional trees for the east side of the entry. Pastor Conner stated he submitted a letter explaining the importance of this permit for their congregation as well as a document (entitled `Future Plans Regarding ACC's Temporary Youth Center, Andover Christian Church dated August 2018) that describes their intentions. Chairperson Nemeth stated he looked over that letter and information on their future plans and understands the congregation's intent and economic factors. He noted that when renewal of this use came up before, the City had wanted to see something done as they are temporary buildings. Also, there had been a lot of discussion with Community Development Director Carlberg providing direction on the temporary status. Chairperson Nemeth asked about their future plans and moving this forward so in five years, either the temporary classroom is no longer on the property or they are thinking about building. He reviewed the location of the four temporary structures located in Andover and pointed out that Legacy Christian will be removing their temporary structure as they have raised funds to build, He noted the ACC's temporary structure has been in place for about 20 years so he is looking for an idea on the church's future plans. Pastor Conner stated the most candid answer is that their members realize it is temporary and while it is being maintained, there is no doubt there is a difference in quality when compared to the main building. He stated the congregation and trustees have discussed what it could be replaced with, such as a large multi-purpose space for teen activities plus restrooms. Three years ago, during those discussions, several members talked with a contractor. No plans were drawn up except for rough concepts to get an idea of the cost, which was about $1.3 million. Pastor Conner stated that is as far as that discussion went. Pastor Conner stated the church does not see this as a long-term solution, realize it is temporary space, and agree with that. But, it is a matter of affordability and income. He asked for the City's patience as they work though the economics of being able to replace the temporary structure. Regular Andover Planning and Zoning Commission Meeting Minutes —August 15, 2018 Page 5 ® Chairperson Nemeth stated if there is not a plan in place in five years, he would like to hear their thoughts then. Pastor Conner stated if they could predict the next five years and size of membership, he could answer that and if at a 10% growth rate, they would be in a better position. However, they cannot predict the economy or if there will be a downturn. Pastor Conner stated he is certain the City would like a commitment but he is nervous to make one that they cannot honor or would not be financially feasible for the church to undertake. Doug Kasseth, 16777 Shenandoah Street NB, Ham Lake, Trustee at ACC, referenced an earlier question by Chairperson Nemeth and explained the first permit was for a single year and then there was a four-year extension. Mr. Kasseth stated he has been at this church for 20 years and agreed with the position as stated by Pastor Conner about there being multiple conversations on how to expand the building to get rid of the temporary buildings. However, dreams are bigger than checkbooks and some of the original ideas and plans did not accommodate the site plus the required parking spaces. Motion by Loehlein, seconded by Hudson, to close the public hearing at 7:33 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent (Daninger, Koehler IV, and Sims) vote. Commissioner VanderLaan noted for the record she has seen this church grow and change and commended them for their work with youth in the area. She believed there was a situation in the City where youth were not served as good as they could be and this church was doing what they could in this tiny temporary space. Commissioner VanderLaan stated 10 it is not the finest space but she has watched it over the years from the road and agree it is properly maintained as much as can be done. She stated the limitations are space and money and the Planning Commission needs to recognize the church is doing good work in the community and approval would allow them to continue that work. Commissioner Loehlein stated when something has been reaffirmed 4-5 times and for 20 years, `interim' is a hard term to use. However, be is supportive of the IUP for the reasons stated by Commissioner VanderLaan and so the church can continue to serve the community. Chairperson Nemeth concurred and stated his only problem is that it is to be a temporary use. He noted this is a temporary classroom structure and while probably up to Code when brought to the property, it is on a temporary foundation. He stated he would be all right with extending one more time with direction to the church to start the process and move forward in planning and fundraising for a permanent structure. Chairperson Nemeth stated he knows that takes time but it has been almost 20 years and the church was probably aware when they purchased the property that this was a temporary structure. He noted temporary structures can negatively impact value, the exterior structure materials are not uniform, and this IUP places a burden on the Building Department and Fire Department due to required inspections. Chairperson Nemeth stated he would like this to be the last time this comes before the Planning Commission as an IUP and that planning for a permanent structure begins. Regular Andover Planning and Zoning Commission Meeting Minutes—August 15, 2018 Page 6 ® Motion by VanderLaan, seconded by Loehlein, to recommend to the City Council approval of an Interim Use Permit for the Andover Christian Church extending the time for removal of a subordinate classroom structure on their property at 16045 Nightingale Street NW, as the five criteria have been sufficiently met, subject to conditions as outlined by staff and detailed in the resolution. Motion carried on a 4 -ayes, 0 -nays, 3 -absent (Daninger, Koehler IV, and Sims) vote. Community Development Director Janish stated that this item would be before the Council at the August 21, 2018 City Council meeting. PUBL EARXNC* Variance to Reduce Front Yard Setback for an .Accessory Structure — X74 X70'' Lane NW— John and Kristy Tverberg. Associate Plann Krumwiede noted the purpose of this item is to hold a public hearing and take input on a variance requests of John and Krlsty Tverberg at 3174 170'" Lane NW to construct an a cess building that encroaches on the 60 -foot front yard setback by 30 feet based on the variance review criteria for granting a variance under City Code 12-14-7 B. Associate Planner Krumwied d location of the proposed struct ® Requirements, that states, `In al the front lot line than the princi one acre or more, the minimum to consider a variance were also layed an aerial photograph of the subject site, noting the He referenced Ordinance 12-6-5, Location and Setback istricts accessory structures shall not be located nearer txucture; except on residential lots with a lot area of n and setback is sixty feet.' The four required criteria Associate Planner Krumwlede review, Commission, noting it is to build a 36 - structure that encroaches the 60 -foot front the front yard setback for an accessory sh current driveway to reach the accessory needed. ' the requested setback variance with the by 36 -foot or 1,296 square foot accessory etbaek. The applicant would like to reduce are rom 60 feet to 30 feet and to split off the etur so a secondary curb out would not be Associate Planner Krumwiede displayed several photogN, He stated the subject site is wooded and the proposed loco believed to be the best location, as the applicant hopes to a, trees. He displayed a survey and pointed out the location of the applicant's property. of the accessory structure is 'cutting down a lot of mature horouosed structure. Associate Planner Krumwiede reviewed possible findings of fac approval as follows: 1. All appropriate building permits shall be obtained prior to c work. 2. The accessory building shall be completed within one year of © variances. Variance approvals will be invalid after such time. W four conditions of of the approval of the ®�LlinuR:1ar Andover City Council Meeting tes —August 21, 2018 Page 5, line 6, should read, "staff reviewed and presented reasons the Council may approve based on the facts." ge 5, line 7, should read "curves in the road," not sight lines. Pa a 5, line 36, should read "criteria, instead of "request." Pag 6, line 19, should read "suggested the packet and this meeting's minutes cover the varia a criteria. The Council agreed to accept the variance criteria had been met and concun d with the supplemental resolution." Page 6,1 a 21, instead of "point," it should read the "curve" in the road Page 7, lin 21, should read "schedule for the completion." Motion by Holthus, `seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. \ CONSENTITEMS Item 2 Approve Payment of s aims Item 3 Approve Plans & SpecOrder Ad for Bids/] 7-17/Crosstown Blvd. NW Trail/Boardwalk (See Resolution R052-18 10 Item 4 Amend Fee Ordinance (Se Ordinance 484) Item 5 Approve Anoka County She ' s Office Monthly Report Motion by Bukkila, Seconded by "'!gh approval of the Consent Agenda as read. Motion carried unanimously. AN'OKA COUNTYSHERIFF'S OFFICEWNTHLYREPORT Commander Paul Lenzmeier gave the monthly Sh iff s Report. The department has looked at the number of domestic assaults for the year and made 8arrests last year and have made 23 so far this year and are on track to increase the number of ests this year. The Sheriffs Department refers to Alexandra House, if there is an assault, and ac al contact is made by Alexandra House, directly to the individual. The department received a thank you note from a widow wh e a deputy responded to a cardiac arrest. The officers who went on the call could not save her hus\zmeier e deputy stepped in and checked on the widow at her home several weeks later. Commcommented it is the little things that the department does, with a caring hearake a difference in the community. In another case, a grandfather passed away in front odchildren. In the course of that situation, they became aware that the grandfather was afan. The Vikings were contacted, and they arranged for tickets to an upcoming Vikings game, in honor of their grandfather. 04 CONSIDER INTERIM USE PERMIT FOR THE CONTINUATION OF SUBORDINATE CLASSROOMSTRUCTURES—ANDOVER CHRISTIAN CHURCH Mr. Janish explained Andover Christian Church has requested to continue the timeframe for the On Regular Andover City Council Meeting Minutes —August 21, 2018 Page 3 removal of the subordinate classroom structures on their property. Previously approved Conditional Use Permit (CUP) amendments for this property have been for temporary structures. Code has since been updated to be more specific in regard to the temporary structure at hand and Code has been updated to require an Interim Use Permit (IUP) vs. CUP. Aside from the past name change, and change from CUP to IUP, the request remains the same. A CUP for the temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998, and a four-year extension was granted to the church in 1999. A five-year extension was granted in 2003, 2008 and 2013. Andover Christian Church acquired the property in 2004. The current CUP is set to expire on August 31, 2018. Currently the space is utilized as a Youth Center multiple times a week, and as "common space." The IUP standards were reviewed. The next required inspection by the Fire Department is in September of 2018. If approved, the Building Department and the Fire Department would conduct an inspection at the same time. The Andover Planning and Zoning Commission held a public hearing on August 15, 2018. Concerns were expressed related to timing of the inspections, whether inspections should be prior to the review of the issue by the City Council, future plans for the space by the church, and subordinate classrooms being viewed as having a negative effect on neighboring properties. Councilmember Holthus asked if past inspections required any corrections. Staff reported the church has been good to work with and that they had achieved compliance with requests. Mayor Trude noted the new siding and other exterior improvements. Councilmember Bukkila asked about the change from a CUP to an IUP. She asked if the property changed hands, could there be a condition for removal of the classroom structure. Mr. Janish replied, yes, and the resolution could include the "2023 language" as the end point of the IUP, or prior to 2023, in the case of a transfer of ownership. Jim Connor, Senior Pastor of Andover Christian Church, carne to the podium to speak on behalf of their congregation. Mayor Trude stated she would like to hear that the church had had some discussions or was making plans for the future. Pastor Connor described the current condition of the facility and recent updates. The space is currently being used as a youth center, for middle and senior high school students. He confirmed their church's priority is students, along with keeping the facility in good condition. Heating and air conditioning are being improved. There has been new siding and roofing on the building. One inspection noted that they have the nicest condition of any of the temporary classroom structures in town. He stated they intend to keep it that way. They do not see the structure as permanent and agree it is temporary. They have been in discussion with a contractor, very generally, about costs to add space. He explained the structure is attached with heated space and is in the back part of the property. They are unable to give a replacement date at this time as it is an issue of economics for the congregation. They serve about 30-70 ® students each week. The church has a three-quarter time youth pastor, so youth are a priority. The structure is made up of two portables put together with a shared roof and an indoor connection to the main church. Mayor Trude suggested a check-in in three years on their plans. Councilmember Holthus expressed she did not think it was necessary due to inspections that are already required. Regular Andover City Council Meeting Minutes—August 21, 2018 Page 4 Councilmember Holthus moved to approve the IUP resolution and that the inspection be prior to expiration of the current RJP, with the added condition that the IUP terminates when the property is sold or transferred, Councilmember Bukkila asked what would happen if a storm came through or if there were destruction to the building, would the church be allowed to be replaced or rebuild the structure. Mr. Janish responded it would need to pass inspection. Mr. Dickinson confirmed it could be replaced, following the IUP and using the insurance money, but it would be questionable if it would be worth it due to the IUP ending in 2023, but the church would have to make that decision. Mr. Baumgartner suggested additional clarifications be added to the resolution. Mayor Trude expressed appreciation for how the church is working with their neighbor regarding the issues of the lighting. Motion by Holthus, Seconded by Bukkila, to approve Resolution No. R053-18, for the interim use permit for the continuation of subordinate classroom structures for Andover Christian Church with City Attorney clarifications provided. Motion carried unanimously. ACCEPA CE OFLAND (SOUTHEAST OF 07NSLOW COVE) — C & W FAMILYFARM LIMITED P TNERSHIP Mr. Janish explainen June 19, 2018, the City Council approved the final plat for Winslow Cove. As part of the plat, an ement for the extension of Xeon Street to the south is required to be dedicated and a drainage d utility easement is needed to encompass the storm water ponding to allow the City maintenane access. On July 3, 2018, City Council approved acceptance of easements. Since that time th amity has indioated they would prefer not to be the underlying Property owner and are now ask' the City of Andover to consider acceptance of a quick claim deed for the area versus the ask . Mayor Trude stated she understands thate family will now have other opportunities to develop Parcel A with access. This action does nota ect the extension of Xeon Street going south. Motion by Knight, Seconded by Bukkila, to unanimously. ADMINISTRATOR'S REPORT the Quit Claim Deed. Motion carried City Staff updated the Council on the Administration and City ]arhnent Activities, legislative updates, updates on development/CIP projects, and meeting remmde keommunity events. ® (Mr. Dickinson) Mr. Dickinson noted the joint meeting with the Park & Recreation Commission next week as part of the workshop meeting. Items for discussion are: trails, playground equipment replacement, park priorities, storage needs for the Associations, and fee for use in park facilities. During the workshop portion of the meeting, the Campus Master Plan will be reviewed along with Future Plans Regarding ACC's Temporary Youth Center Andover Christian Church Our Goals: As our church stives to minister to the families who make up our congregation as well as the people in our community, we have some clear goals that guide our decisions and priorities • We want to be a church that is relevant and helpful for the issues and challenges both individual and families are facing. We want to be actively doing things that will help people across this community, • We want to be good stewards of the facilites and funds that have been entrusted to us. We want to maintain our buildings in top condition. We want to use our available funds for the maximum benefit of our programs and members. • We want to be good neighbors for this entire community. Our congregation does not just exist for ourselves. We desire to be a positive influence and resource for the challenges those outside our walls are facing. Our Intentions: We do not see our current Youth Center (the Temporary classroom building) as the permanent space we wish to have or need. While we seek to maintain this space so that it is comfortable, pleasant and useful — it is not the space we ultimately want for our programing or our congregation. It's our desire to replace the current temporary structure with a permanent building that offers greater space and greater flexibility for our programs. (See attached Sheets Al & A2) On Sheet Al, the Green areas Phase 1, and the Yellow areas Phase 2, are the 2 areas that we are proceeding with at this time. This is moving the current Nursery area and then remodeling the current Nursery area into the new Youth Area. We intend to build a structure that esthetically matches our existing building and gives us a large multi -use space along with bathrooms and kitchen area (Phase 3 and Phase 4), as noted on the site plan, Sheet A2. This space would also offer us more opportunities for programs and activities that directly impact community families and not just our own members. There would be direct outside access for such programs to enable people from the community to easily enter and participate. We are already engaged in helping our community and see this space as a tool to help this focus grow. ZOO Our Strategy: The phased construction of this new space and the replacement of our temporary youth center is dependent on some factors that we cannot directly control. This has kept us from creating a specific timeline. While we are certain the City would welcome a definite date for completion, we do not know how to plan for the following factors: • The growth of our congregation. Our members are our sole source of income. As we have more members, we can move forward on this construction project. However, the growth of churches is not a simple business matter that can be easily projected. • The Economy. Our congregation is totally dependent on the donations of our members. As a result, our income is directly affected by the health of the economy since it affects our members' lives. The current financial downturn has a major impact on the income and finances of every congregation. The volatility of the economy makes it very difficult to plan out five years, both as to our income as well as the costs of construction. We currently have financial commitments from the congregation to start doing some modifications of the interior of the building to help us achieve our ultimate goal of removing the temporary youth center structure and to be able to construct the multi-purpose structure addition. We have a set of plans that have been prepared showing the remodeling of the main structure and incorporating the multi-purpose addition. We are however moving with caution on our part to not make a long-term commitment that might pose a financial risk to our congregation. The conclusion of all this is to affirm to the City, the intentions of our congregation: we remain committed to this project and we are ready to move forward as the circumstances allow. We are ready to move forward with the interior remodeling (Phase 1 & 2) that is needed to accommodate the removal of the current Youth Center structure. Our goal is to be able to move into the next phase shortly after completion of the interior modifications. But during this interim period, we are asking that we be allowed to continue to use our current Youth Center as we seek to help our congregation grow and be a resource for this community. That is why we are asking the City to approve our Interim Use Permit. 2D c, KPIUMARM SIP \� E77PHASE 2- NEW ADULTS AND YOUTH AREAS 3,0255F A REMODEL EXISTING SPACES, Nno.000m•emow UPPER STORAGE t PHASE 3- A00 NEW FELLOWSHIP HALLANO KITCHEN 4.002 SF fs.ua.000.aesn PHASE 4•RWDEL EXISTING IOTCHENANOTOEETO INTO 581 SF o ♦ NEWLARGERTOILETS plunro•fyrs O iW ® q lir �i6 & 1 1 f] w — mT % q tie aa n sr� I I ® ..: THT F �„• 'fid' w � � ........... rmnwlettoss 1� PA.!UN LEVEL PHASING PLAN �� �✓ ANDOVER CHRISTAIN CHURCH - REMODEL Al �...m ..nsa Kin rrtT COMPANY .'rchlteRs GENERAL CONTRACTORS .( arc _ !!_� I� Applicant Photos 7g -41. Tx � k I„ ��i` i FA: D Gm Applicant Photos 4u- -s-rv•4--r ew ow -;a-, •It n� hex �w..�z ,•�: � �€�; y I1.11 t« 1 0 A; I 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-89:a- WWW.ANDOVERMN.GOV TO: Mayor & Councilmembers CC: Jim Dickinson, City Ad Joe Janish, Community FROM: Jake Griffiths, Associate SUBJECT: Consider Variance Request — 142 & Kaitlin Sullivan (Applicants) - DATE: July 31, 2023 /� St NW; PID# 25-32-24-41-0073 — Joseph A variance is a way that cities may allow for an exception to part of an ordinance for a specific property. A variance is generally for dimensional standards such as setbacks or height limits and allows the landowner to deviate from a dimensional rule that would otherwise apply. Minnesota State Statute and City Code provide specific review criteria the City must consider when reviewing a variance request, this criteria is included later in this report. If a variance is approved it becomes a property right which runs with the land. The applicants are requesting a variance from the rear yard setback requirement established by City Code 12-3-5: Minimum District Requirements. The subject property is located within the R-4: Single Family Residential Urban zoning district and in this zoning district City Code 12-3-5 establishes a rear yard setback of 30 -feet. The table below compares the City Code requirements to the variance request. The applicants have indicated that if the variance is approved, they plan on constructing an addition onto their home. The addition proposed by the applicants resembles what is commonly referred to as a screen or three - season porch. These structures are classified as additions onto the dwelling by the Minnesota State Building Code and have different standards than a traditional deck. While traditional decks are allowed to encroach up to 8 feet into the rear yard setback by the City Code, additions onto the dwelling are required to meet the rear yard setback since they are treated by the Building GQde as an addition onto the dwelling. Review Criteria City Code 12-15-9 establishes review criteria for considering a variance request and states that variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties. City Code Re uirements Variance Request Difference Rear Yard Setback 1 30 ft 27 ft -3 ft The addition proposed by the applicants resembles what is commonly referred to as a screen or three - season porch. These structures are classified as additions onto the dwelling by the Minnesota State Building Code and have different standards than a traditional deck. While traditional decks are allowed to encroach up to 8 feet into the rear yard setback by the City Code, additions onto the dwelling are required to meet the rear yard setback since they are treated by the Building GQde as an addition onto the dwelling. Review Criteria City Code 12-15-9 establishes review criteria for considering a variance request and states that variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. The plight of the landowner is due to circumstances unique to their property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties. The City Council may also impose reasonable conditions on the granting of a variance request. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. As practical difficulties must be established by the applicants, a letter submitted by the applicants is attached for review as well as other materials submitted by the applicant in support of their request. Analysis of Variance Request The subject property was recently created as part of the Shadowbrook North development in 2020. A building permit was then obtained to construct a dwelling on the property which was completed on January 13, 2023. The subject property and the dwelling both meet the minimum requirements established by the City Code including applicable development standards such as minimum lot size, lot frontage and replacing all organic material for the front 110 feet of the lot. It should be noted that the dwelling appears to have been intentionally set back a greater distance from the street during construction so that its driveway grade would meet City Code requirements. It appears as though the dwelling is located 38.9 feet away from the rear property line and the rear yard setback is 30 feet. This would allow the property owner to utilize up to 8.9 feet from the back of their house for construction of an addition without needing a variance. If a deck was built rather than an addition, the City Code would allow the property owner to utilize up to 16.9 feet from the back of their house since decks are permitted to encroach 8 feet into the rear yard setback. Based on this, it appears that there are ways in which the property owner could construct improvements to their property without needing a variance. City staff have informed the applicants that it may be challenging to show that the practical difficulties are not created by the landowner for this variance request. It would appear that the practical difficulties for which the variance is being sought may only arise as a result of the landowners' request to build an addition that does not meet City Code requirements rather than some circumstance unique to their property. Planning & Zoning Commission Review The Planning & Zoning Commission reviewed the variance request as part of their July 25, 2023 meeting and recommended denial of the variance request (5 -yes, 2 -no). One written comment was received prior to the meeting, which is attached for review, and the property owner and their contractor addressed the Commission as part of the public hearing. During the public hearing, the following questions were asked of staff and the applicant along with their responses: Staff • Questioned the reason why the dwelling was setback farther into the lot than the minimum front yard setback. Staff responded that in order to meet driveway grade City Code requirements the home was likely pushed farther back into the lot. • Staff confirmed that variances are property rights which run with the land indefinitely. Applicant • Stated they do not have any intent to convert the structure beyond a three -season porch. • Stated they felt their design as proposed would be the most visually appealing. • One Commissioner asked the applicant what is stopping them from building an addition that meets City Code. The applicant responded that the plans are designed for what they want to build. • One Commissioner asked the applicant what is unique to their property that prevents them from meeting the City Code. The applicant responded the home placement is farther back than the minimum front yard setback and that they haven't worked with their contractor to evaluate other ways to make their project meet City Code requirements. The applicant's contractor later addressed the Commission that they could make the project meet City Code requirements, however, it wouldn't look like a natural part of the home. One Commissioner asked if the property was a look out or walk out style home. The applicant responded it was a look out. One commissioner asked what an addition that met City Code would look like. The applicant's contractor responded that it would likely be long and smaller in width and would take up the majority of the back of the home to maintain the square footage the applicant would like. One commissioner questioned the ability of the property to convert the porch as designed into a fully conditioned space. The applicant's contractor responded it would technically not be able to be converted due to building code requirements. After closing the public hearing, the Commission discussed the variance review criteria related to the request. One commissioner felt that the house being setback father into the lot was a practical difficulty that should be used for granting of the variance. One commissioner stated that they felt the request was reasonable, however, they were struggling with variance review criteria two because it appears the variance is being sought as a matter of preference by the applicant. Several other commissioners agreed and were concerned that not having solid findings of fact to grant the variance would establish a bad precedent that could be used by other property owners to not meet the rear yard setback requirement in the future. One commissioner expressed concern that no effort was made on behalf of the applicant to explore ways their project could meet City Code requirements. One commissioner asked if any members of the Commission would have different opinions on the request if the applicant had not constructed the home and it had been resold to a different owner. Another commissioner responded that they would not have a different opinion because variances are tied to the property and not individual property owners. Another commissioner agreed. One commissioner stated that since the applicant said that the project could be redesigned to meet City Code requirements, they were having a difficult time recommending approval even though they felt the project was a reasonable use of the property. After discussion, the Commission recommended denial of the variance request based on the request not meeting variance review criteria due to the ability of the applicant to redesign their project in ways that would meet City Code requirements. ACTION REQUESTED The City Council is requested to consider the recommendation of the Planning & Zoning Commission, compare the variance request to the variance review criteria of City Code 12-15-9, and make a decision based on findings of fact on the variance request. es ctfully sub 'tte , Jake Griffiths Associate Planner Attachments Draft Resolution of Approval Draft Resolution of Denial Applicant's Materials Public Comments CC: Joseph & Kaitlin Sullivan, Applicants (Via Email) Ryan Kestner, Kestner Construction Co. (Via Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. XXXX A RESOLUTION APPROVING VARIANCES FOR THE PROPERTY LOCATED AT 14358 BUTTERNUT ST NW; PID# 25-32-24-41-0073 LEGALLY DESCRIBED AS FOLLOWS: LOT 12, BLOCK 1, SHADOWBROOK NORTH WHEREAS, Joseph & Kaitlin Sullivan are the owners of a parcel of land located at 14358 Butternut St NW, Andover, Minnesota with Parcel ID Number 25-32-24-41-0073; and, WHEREAS, Joseph & Kaitlin Sullivan have applied to the City for a variance to the rear yard setback on the subject property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the rear yard setback from 30 feet to 27 feet; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on July 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council disagrees with the recommendation of the Planning and Zoning Commission and approves the variance request to reduce the rear yard setback from 30 feet to 27 feet; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the approval of the variance request: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request with the following conditions: 1. All necessary permits shall be obtained from any agency having an interest in improvements constructed on the property. 2. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant progress has been made within the first twelve (12) months after the approval of the variance, the variance will be null and void. Adopted by the City Council of the City of Andover this 31 st day of July, 2023. CITY OF ANDOVER CITY OF ANDOVER Michelle Harter, City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. XXXX A RESOLUTION DENYING VARIANCES FOR THE PROPERTY LOCATED AT 14358 BUTTERNUT ST NW; PID# 25-32-24-41-0073 LEGALLY DESCRIBED AS FOLLOWS: LOT 12, BLOCK 1, SHADOWBROOK NORTH WHEREAS, Joseph & Kaitlin Sullivan are the owners of a parcel of land located at 14358 Butternut St NW, Andover, Minnesota with Parcel ID Number 25-32-24-41-0073; and, WHEREAS, Joseph & Kaitlin Sullivan have applied to the City for a variance to the rear yard setback on the subject property; and, WHEREAS, the proposal would vary from City Code 12-3-5: Minimum District Requirements in that it would decrease the rear yard setback from 30 feet to 27 feet; and, WHEREAS, the Andover Review Committee has reviewed the variance requests; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on July 25, 2023; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning Commission and denies the variance request to reduce the rear yard setback from 30 feet to 27 feet; and, WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City Council finds the following findings of fact to support the denial of the variance requests: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance request to reduce the rear yard setback from 30 feet to 27 feet. Adopted by the City Council of the City of Andover this 31 st day of July, 2023. CITY OF ANDOVER CITY OF ANDOVER Michelle Harter, City Clerk Sheri Bukkila, Mayor 6/9/2023 Dear City of Andover: This Letter of Intent is in support of our request for a variance to the rear yard setback requirement for an existing non -conforming lot. The intention is to construct a 12'x14' deck with a screened -in porch. As the code states, a dwelling may not come within 30' from the rear boundary line of the lot. We are allowed to encroach into the setback by building the deck with a freestanding gazebo (which would be less structurally sound) but cannot build a roof system attached to the house as it is considered part of the dwelling. When the house was constructed, it was placed at a distance greater than normal for a front setback. It was unfortunate that the builder did not verify these surveys and setbacks when the property was being surveyed and constructed. We are asking to be allowed T inside the 30' setback (10%) to create a structure that is visually appealing and looks like it was supposed to be part of our home. Included will be the plans for our build and the ultimate look our structure would have. There are a few of factors why we are asking for such a structure. (1) The extreme sunlight in the summer can cause the composite deck bords to become quite hot to the point it will bum your skin to contact them. Thus, potentially injuring kids and dogs. Even on a 75 -degree day the temps of the decking can exceed 125 -degrees on the surface. Why our request for a covered roof. (2) We are seeking an outdoor retreat and calming space that is bug free. As you know the mosquitos are very intense during periods of the summer as we do have a pond/wetland in close vicinity to our home. (3) if kept inside the setback it would only allow for a 9' depth. We are not looking for large structure. It would measure 12'x14'. What is perhaps the most relevant here, and what I would ask the board to consider, is (1) the fact that the new proposed structure would not impede any view of the neighboring homes; (2) the fact that the back of the house directly behind our home is facing to North and the rear of our home is faced to the West and would not affect the rear view of their home; (3) the proposed style and structure of the project is in step with the existing neighborhood; (4) the proposed project would be an improvement to the neighborhood and result in an overall increase in property value and tax base created by improvement; (5) we have obtained signatures from our neighbors stating that they have no objections with us impeding into the setback. If there is concern about finishing the structure into a conditioned living space in the future,we would be more than happy to sign documentation not allowing said improvements to occur. Thank you for your time and consideration on this matter. Respectfully submitted, Joseph and Kaitlin Sullivan r k / N Certificate of Survey for: DANE ALLEN H_OMES_, INC. House Address: House Model: !4358 Butternut Street NW.. Andover, MN Rushmore 3 Denotes Grade/FooUngs to be dropped as needed rand. - : �1 UTY GF a;yp0,;c2 s sltwz H1 ff QiSct re aoze4znRx ... _ 1W Or sRixC Denotes Existing Contour. qr R�itr K Denotes Existing Hydrant PROPERTY DESCRIPTION: �E1-843.,1 ----------OPx S Denotes Existing Televislon Box Anoka County, Minnesota ie Denotes Existing Telephone Box *DROP GARAGE DOWN, AS SHOW* t Denotes Existing tight Pale `.: Denotes Existing Service Minimum Lowest Opening Elewtion: 891.0 ;. Denotes Existing Curb Stop Minimum Lowest Floor Elevation: 888-11 . fxao Denotes Existing Elevation PROPOSED BUILDING ELEVATIONS x" •'' Denotes Proposed Efewtion Lowest Float Elevation: 881.2 ----- D Denotes Direction of Drainage Lookout Elevation: 897.4 Denotes Drainage & Utility Easement Top o/ Foundation Elavat'ron: 898.9 (per recorded plat) Garage Slab Elevation (at door): 896.0 —f— Denotes Iron Monument 589°23'21"E Bearings shown are assumed t. PEnpaseC «ldra site gratlmq is in eaodan<e wiib me GRAPHIC SCALE 9roding piers prepofed by Colson McCain. Inc.. 0 15 3C 60 131.461-7 2. Contract. must vci sane depth. --11. � 0 .. Sf.15 (8.504 sheet) 2T'75 9263.008 Td6 Rolfe, to nn., bulaing plan or foundolim delay.. J0.0 . % 12. .s. c�� - 9. a gm o5 t• Ofo� .. otM � a Or 1 22.11 _i 631 i c l MWAWRye F 4. 66 ry� R-12o.Ga -- 'm+ N 103.65 Denotes Grade/FooUngs to be dropped as needed - .er to t Denotes Proposed Contour s sltwz H1 ff QiSct re aoze4znRx ... _ 1W Or sRixC Denotes Existing Contour. .- - E� -rive. K Denotes Existing Hydrant PROPERTY DESCRIPTION: r Denotes Existing Electric Box Lot 1Z, Block 1, SHADOWBROOK NORTH, S Denotes Existing Televislon Box Anoka County, Minnesota ie Denotes Existing Telephone Box *DROP GARAGE DOWN, AS SHOW* t Denotes Existing tight Pale `.: Denotes Existing Service Minimum Lowest Opening Elewtion: 891.0 ;. Denotes Existing Curb Stop Minimum Lowest Floor Elevation: 888-11 . fxao Denotes Existing Elevation PROPOSED BUILDING ELEVATIONS x" •'' Denotes Proposed Efewtion Lowest Float Elevation: 881.2 ----- D Denotes Direction of Drainage Lookout Elevation: 897.4 Denotes Drainage & Utility Easement Top o/ Foundation Elavat'ron: 898.9 (per recorded plat) Garage Slab Elevation (at door): 896.0 —f— Denotes Iron Monument no*Y6: Bearings shown are assumed t. PEnpaseC «ldra site gratlmq is in eaodan<e wiib me GRAPHIC SCALE 9roding piers prepofed by Colson McCain. Inc.. 0 15 3C 60 lost revised 7/24/19. 2. Contract. must vci sane depth. 3. ] ivewuys mown oe for greph�' puep00es or1Y. Flo D1i.c.-� design and locution to be datwmtnaa by owrer/bulder. (IN FEE I) 4. All balding foundation dimmsi.n sawn on rents euneY (8.504 sheet) :n.b,de axte, of foundat%m :oblation eddths, if adykotle 2T'75 9263.008 Td6 Rolfe, to nn., bulaing plan or foundolim delay.. 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ULL HE IG Hi TR EATS O N6X6POSTTYP.II IIIIF I (2) TRE FLUSH BEAM C) z 4' a W-11 14'- N W 0" W z Deck Framing O z� a YZ 0 I FTMv r Jake Griffiths From: Robert Kinne Sent: Tuesday, July 25, 2023 8:25 AM To: PublicComments Cc: Abby Burkhart Subject: Variance You don't often get email from Learn why this is important EXTERNAL EMAIL ALERT: This message originated from outside the City of Andover email system. Use Caution when clicking hyperlinks, downloading pictures or opening attachments. To Whom It May Concern, My name is Rob Kinne. I live at 117 143rd Ave NW. My wife Abby and I would like to extend our support for the proposed variance for the Sullivan's rear yard setback. Regards, Rob & Abby Kinne C I T Y O F MOVE 0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Consider Ordinance — Prohibit Use of Cannabis in Public July 31, 2023 INTRODUCTION During the 2023 legislative session, a new law was passed that legalized adult -use cannabis in Minnesota beginning Aug. 1, 2023. DISCUSSION For Council reference, attached is an analysis from the League of Minnesota Cities focusing on cannabis being legal August l' The analysis states "A person may not use cannabis flower, cannabis products, or hemp -derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking is prohibited under the Minnesota Clean Indoor Air Act (MCIAA)." The law is silent on whether cannabis can be smoked in public places other than public places governed by the MCIAA. While the law does not specifically authorize the use of cannabis in public places, it does not create any penalty for use in a public place other than those governed by the MCIAA. If a city would want an enforcement mechanism to prevent the use of cannabis in public places it would need to adopt an ordinance prohibiting such use and make it a petty misdemeanor. City Administration and the City Attorney are recommending the City Council adopt the attached ordinance regulating the use of cannabis in public. ACTION REQUESTED Title 5, Chapter 12 Use of Cannabis in Public. lly submitted, im ickinson Attachments -Title 5, Chapter 12 Use of Cannabis in Public -LMC Analysis TITLE 5 POLICE REGULATIONS Subject Chapter AnimalControl...........................................................1 Dogs And Cats........................................................1 A Equines...................................................................1 B Non -Domesticated Animals .................................... 1 C HoneyBees........................................................... 1 D Careof Animals.......................................................1 E Minors........................................................................2 Gambling.................................................................... 3 Weapons.................................................................... 4 Home And Business Alarm Systems ..........................5 NoiseControl.............................................................6 Locomotive Horns and Whistles..............................6A Private Air Fields And Ultra -Light Activities................7 Ultimate Fighting................................................8 Trapping of Animals...................................................9 Drug Paraphernalia..................................................10 Targeted Picketing...................................................11 Use of Cannabis in Public........................................12 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE LIMITING THE USE OF CANNABIS IN PUBLIC PLACES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: TITLE 5, CHAPTER 12 USE OF CANNABIS IN PUBLIC SECTION: 5-12-1: Use of Cannabis in Public A. It is unlawful to use cannabis flower, cannabis products, lower -potency hemp edibles and hemp -derived consumer products, as defined in Minn. Stat. Section 342.01, in public places anywhere in the City. B. As used in this Section, public places include all areas contained within the City boundaries, except the following: 1. Private residences, including the curtilage and yard; and 2. Private property not generally accessible by the public, unless a person is explicitly prohibited from consuming cannabis flower, cannabis products, lower -potency hemp edibles or hemp -derived consumer products on the property by the owner of the property; and 3. The premises of an establishment or event licensed to permit on-site consumption of cannabis flower, cannabis products, lower -potency hemp edibles or hemp -derived consumer products. C. Any person who willfully violates any provision of this chapter shall be guilty of a petty misdemeanor, and upon conviction thereof, shall be punished as defined by state law. Adopted by the City Council of the City of Andover on this 31St day of July, 2023 CITY OF ANDOVER Sheri Bukkila, Mayor ATTEST Michelle Hartner, Deputy City Clerk 7/27/23, 9:59 AM Focus on New Laws: Cannabis Possession Legal Beginning Aug. 1 - League of Minnesota Cities LMCMINNESOTA CITIES Focus on New Laws: Cannabis Possession Legal Beginning Aug. l July 24, 2023 Cities will want to consider updating their ordinances related to smoking in public places to include cannabis. During the 2023 legislative session, a new law was gassed that legalized adult -use cannabis in Minnesota beginning Aug. 1, 2023. Cities should understand what products are legal and what regulatory actions can be taken at this time. Read the League's FAQs on the new law to learn more about enforcement and public safety, employment, and other regulatory considerations of adult -use cannabis. Cannabis legal to possess, use, and grow beginning Aug.1 This law allows a person 21 years of age or older to: • Use, possess, or transport cannabis paraphernalia. • Possess 2 ounces or less of cannabis flower in a public place. • Possess 2 pounds or less of cannabis flower in a person's residence. • Possess or transport 8 grams or less of adult -use cannabis concentrate. • Possess or transport edible products infused with a total of 800 milligrams or less of tetrahydrocannabinol. • Give away cannabis flower and products in an amount that is legal for a person to possess in public. https://www.Imc.org/news-pubrcationsinews/alVfoni-cannabis-possession-legal-beginninq-aug-1 / 113 7/27/23, 9:59 AM Focus on New Laws: Cannabis Possession Legal Beginning Aug. 1 - League of Minnesota Cities Home growth of cannabis will also be authorized beginning Aug. 1, allowing an individual to cultivate up to eight cannabis plants, of which, up to four may be mature, flowering plants. Home growth of cannabis must be in an enclosed, locked space that is not open to public view. Where cannabis and cannabis products can and cannot be consumed The law explicitly authorizes individuals to use adult -use cannabis flower and adult -use cannabis products: • In a private residence, including the individuars curtilage or yard. • On private property, not generally accessible by the public, unless the owner of the property prohibits the use of the products. • On the premises of an establishment or event licensed to permit onsite consumption. A person may not use cannabis flower, cannabis products, or hemp -derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking is prohibited under the Minnesota Clean Indoor Air Act (MCIAA). The law is silent on whether cannabis can be smoked in public places other than public places governed by the MCIAA. While the law does not specifically authorize the use of cannabis in public places, it does not create any penalty for use in a public place other than those governed by the MCIAA. If a city would want an enforcement mechanism to prevent the use of cannabis in public places, it would need to adopt an ordinance prohibiting such use and make it a petty misdemeanor. The new law does not clearly define the types of locations that are considered not generally accessible by the public. Therefore, any city ordinance should clearly define such locations. Existing ordinances related to smoking in public places may cover cities for these products, cities should review their ordinances and determine if any changes are necessary. In addition, the MCIAA authorizes cities to adopt more stringent regulations to protect individuals from secondhand smoke or from https:llwww.Imc.orglnews-publicationsinewsla[Vfonl-cannabis-Dossession4eaal-beninnina-aua-1/ Ira 7/27/23, 9:59 AM Focus on New Laws: Cannabis Possession Legal Beginning Aug. 1 - League of Minnesota Cities involuntary exposure to aerosol or vapor from electronic smoking devices. Cannabis sales still illegal It is unlawful to sell cannabis and cannabis products without a license received from the Office of Cannabis Management. State agencies have indicated that retail licenses will not be issued until January 2025 at the earliest, any sales attempted until licenses are issued are illegal. This does not apply to edible cannabinoid products regulated under Minnesota Statutes, section 151.72. Read more news articles Your LMC Resource Alex Hassel Intergovernmental Relations Representative (651) 281-1261 or (800) 925-1122 ahassel@lmc.org Kyle Hartnett Asst. Research Manager/Staff Attorney III (651) 215-4084 or (800) 925-1122 khartnett@lmc.org hftps://www.Imc.org/news-publications/news/all/fonl-cannabis-possession4egal-beginningaug-1/ 313 C I T Y O F MOVE. 01) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report July 31, 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. 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. ubmitted,