Loading...
HomeMy WebLinkAbout2025-01-28 WK Agenda PacketOF L,NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVE RMN.GOV City Council Workshop Tuesday, January 28, 2025 City Hall — Conference Rooms A & B 1. Call to Order — 6:00 p.m. 2. Discuss Sloth Sketch — Planning 3. Rural Reserve Presentation/Discussion — Planning 4. Cannabis Ordinance Discussion — Planning/Administration 5. Discuss Options for Filling the Vacant City Council Seat — Administration 6. Discuss Potential Eldorado Street Right of Way Vacation — Engineering 7. Discuss Proposed Crosstown Boulevard NW Trail/Xeon Street to Prairie Road/23-12A — Engineering 8. Discuss MDH Lead and Copper Testing Requirements for the City's Municipal Water System — Engineering/Public Works 9. Conduit Debt Policy Discussion — Administration 10. Other Topics 11. Adjournment C I T Y O F NDOVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers COPY: Sarah Cotton, City Administrator Oxy FROM: Joe Janish, Community Development Director SUBJECT: Discuss Sloth Sketch - Planning DATE: January 28, 2025 DISCUSSION City Council reviewed a sketch plan for Lakeview at Sloth Farm on December 17, 2024. The applicant originally provided a sketch with 7 proposed lots. City Council provided direction to have fewer lots in the development. The applicant has now provided a layout of 5 lots. The 5 lots meet most requirements with the exception of lot width on four of the lots. The four lots would have a lot width of 76.25 feet vs. 80 feet. The reduction in lot width allows the applicant to meet the 50 foot setback from Bunker Lake Blvd. Utilizing a PUD the applicant will need to provide 50% open space through an easement. This would put the proposed density around 4.16 unit per acre. The Comprehensive Plan calls for 4 to 8 units per acre. ACTION REQUESTED The City Council is requested to review the attached concept sketch and provide informal feedback to the developer. Res lly submittecL Joe J ish Community Development Director Attachments: Setback Comparison City Council Meeting Minutes December 17, 2024 Sketch Plan CC: - Doug Schultz, General Contractors of MN Inc (Email only) - Brian Person, Hakanson Anderson (Email only) SETBACKS Proposed PUD Standards (Sketch Plan): *Red text indicates deviation from City Code Proposed Standards No. Item City Code Notes Standards: (R-4: Single PROPOSED Family Urban) City Code 11-3-6: Lots D: Corner Lots: shall be minimum of 100' 1)* Lot Width (min.) 80' min. 76.25' wide as measured at the building Lot Width (corner) 100' min. 112' setback line or 90' wide for back to back lots. Lot Width — on cul-de-sac 160' min Lots will be served by City services 2) (lacking municipal sanitary sewer (max 2 lots of this N/A and no streets are proposed. max 2 lots reduced) width on the CDS) 3) Lot Depth (min.) 130' min 230' + 11,400 square 18,211 square Exceeds R-4 standard/ Exceeds 4) **Lot Area (min.) feet feet Shoreland Nonriparian standard. 5) Block Length (max) 1,320' max. N/A No new streets are proposed. 6) Cul -de -Sac Length (max) 500' N/A No new streets are proposed. 7) Front Yard Setback (Shoreland) 40' 40' Shoreland requires a greater setback. 8) Side Yard Setback — 40' N/A Shoreland requires a greater Adjacent to Local Street (min) setback. 9) Side Yard Principal Structure 10' 10' from Interior Lot Line Side Yard Principal Structure The sketch appears to meet setbacks 10) for Garage over 20 feet wide 6' 6' with living space &garage space from Interior Lot Line 11) Side Yard Setback - Interior 10' 10' (min) Shoreland requires a greater 12) Rear Yard Setback (Shoreland) 50' 50' setback. requires a greater 13) Setback — County RoadShoreland 50' S0' setback. Standard R-4 would have a (Shoreland) 40' setback. 14) Max Structure Height 25' 25' Shoreland 15) Max Lot Coverage (structure) 20% 20% 16) Impervious Coverage 25% 25% Shoreland Right of Way (local rural city 60' N/A No new roads proposed. Existing 17) street) Street meets or exceeds 60' of ROW 18) Driveway Access (from an 60' 75' As shown on Lot 1. intersection) *Red text indicates deviation from City Code Regular Andover City Council Meeting Minutes —December 17, 2024 Page 4 Motion by Ne n, Seconded by Butler, to adopt rdinance No. 571, amending City Co Title 12-14-8: O Street Parking Requirements a the summary of publication. Moti carried unahim sly. CONSIDER SKETCH PLAN/CONDITIONAL USE PERMIT (CUP)IPLANNED UNIT DEVELOPMENT (PUD) CONCEPT REVIEW - LAKEVIEW AT SLOTH FARM The City Council is requested to provide clear feedback to the applicant on the proposed Sketch Plan/Concept PUD to help the applicant make a determination on how they would like to proceed with a formal application if they so choose. Mr. Janish reviewed the staff report in regard to the sketch plan, CUP, and PUD concepts for Lakeview at Sloth Farm. He reviewed the comments received at the Planning and Zoning Commission Public Hearing. He shared there was a letter received from the property owners. Councilmember Butler shared he watched the Planning and Zoning Commission meeting where this was discussed, and the meeting had a lot of good discussion. He explained when they set the Comprehensive Plan, they set it at four to eight units per acre on this property. He asked how many units they are short from the Comprehensive Plan. Mr. Janish explained since this is in the shoreland district, 50% of the property needs to be open space. He stated the whole parcel is around 1.2 acres of developable land, making it 5.83 units per acre. Councilmember Butler asked if the Met Council gives grace for the shoreland designation or if they will have to make up these missing units elsewhere. Mr. Janish noted they would have to look at what the language is related to the conservation easement as this is how the Met Council would evaluate it. He said they should be able to get this to work out for net density requirements. Councilmember Butler asked about the redevelopment property that was discussed at the Planning and Zoning Commission meeting. He asked what this area is guided for in the Comprehensive Plan. Mr. Janish said this land is guided for eight to 12 units per acre. Mayor Bukkila asked for the letter from the property owner to be summarized and read aloud. Mr. Janish shared a summary of the letter from the property owners showing their support for this development on their former family farm and nursery business. He added the builder has shown integrity and honor for the land. Councilmember Nelson noted the first thing they always look at is public safety, and whenever there is an increase in density, there is an increase in traffic. He added north of Bunker Lake Boulevard, there is Crooked Lake Elementary and Legacy Christian Academy, and to the west is the public boat launch area, all of which can really increase traffic. He said higher traffic is his biggest concern. He asked how many feet they were looking for with the first driveway coming off of Bunker Lake Boulevard. Mr. Janish said this driveway is six feet short. Regular Andover City Council Meeting Minutes —December 17, 2024 Page 5 Councilmember Barthel said he is not against the overall concept of this development; however, the one thing he is against is the side yard principal structures going from ten feet to six feet. He stated there are other houses in the area and this would really stand out compared to other properties. He noted if the developer could bring down the units to only five homes so it would fit a little better, he would be more comfortable. Councilmember Engelhardt stated this seems like they are asking for a lot of exceptions and considerations for things to be done differently. He noted the City has always been pretty good about sticking to the standards that they have in place. He shared he thinks this is a stretch and would like the development to get closer to the City's standards to fit in with other developments in the area. Councilmember Barthel shared he pulled up a map of Gladiola Street and all of the houses that are on this side of the street are rambler homes and the proposed homes in this development would be very narrow homes. He said this would change the aesthetics of the neighborhood. Councilmember Butler said he would like to see the side yard principal structure maintained at ten feet. He added he also has a concern with the driveway access from the intersection and would like to maintain safety standards. He shared he does like the concept of the development and this kind of housing could be valuable to the City. He noted that maxing this out at seven units is likely too much to achieve something close to current standards. He said he would like to see the developer come back with a design that has fewer homes and complies with the side yard principal structure and driveway access components. Mayor Bukkila asked why corner lots are traditionally larger. Mr. Janish explained the corner lots are typically larger for the purpose of having the house in line with homes on both sides to keep visibility open and help the homes blend in. He noted the front yard setback would be applied to both sides. Mayor Bukkila said she does not like the setback from Bunker Lake Boulevard or the driveway access. She stated she could compromise on lot width; however, she thinks this is too condensed. Mr. Janish asked the Council's opinion on accepting cash in lieu of parkland dedication. Mayor Bukkila said she would agree to cash in lieu of parkland. The Council agreed. Mayor Bukkila stated the Council seems to agree that seven lots on this parcel are too many. Councilmember Butler said he would have to see a new sketch plan to see how many lots he would like to see in this development. He stated he thinks five lots would be the maximum he would like to see. Councilmember Engelhardt and Nelson agreed. Councilmember Barthel noted he would be open to looking at five lots; however, he would like to see the sketch plan before he made a decision. "r-11/ n ) �-h, nnn1I yn "�L_ I/ `Y �jI L �, �, I v v v I/ `Y - - - - _ BUNKER LAKE BOULEVARD NW (C.S.A.H. NO. 116) N89'37'32"E a 253.81 - i r----S�.41----= r--------------- ---- ----- 1 sa L v< Ism, f0 28,427 Sq.Ft. 0.65 Acres � I CJ L_ _ 234± 589'37'32"W I `r I I N 30 0 30 60 SCALE IN FEET LEGEND - LIGHT POLE UTILITY POLE = GUY WIRE = SIGN = MAILBOX e = FOUND IRON MONUMENT O = IRON MONUMENT SET AND MARKED WITH LICENCE NO. 49138 0 = PK NAIL FOUND - = SETBACK LINE CONCRETE SURFACE = BITUMINOUS SURFACE GRAVEL SURFACE _ = 16.5 WETLAND BUFFER r Municipality City of Andover Building Setbacks: (Single Family Urban Residential) Nw\IA I I I I NE\I4 I I I C R Road 50 feet Existing Zoning: R4 - Single Family Urban Residential I Front yard. 40 feet SideCorner 35 feet Proposed Zoning: PUD Rear yard! 30 feet Side yard 10/6 feet Proposed Use. Single Family Residential � l Lake- 50 feet - -- -253.6.1-- S89 -'37-'32-"W- r-S89'37'32"W -T - - - - - - - - - ----_-- 1 2201 107th Lane NE Street Lighting as required 4TM �, n Proposed Utilities: Sewer Municipal Subdivider: Doug Schultz Water: Municipal 2201 107th Lane NE w v r Blane MN 55449 Plat Area: Total Area 104,410 Sq.Ft. 2.40 Acres (763) 862-0005 Proposed ROW: 0 Sq.Ft. a 0.00 Acres Designer/Surveyor 0O0 I mfJt� rl Hokonson Anderson Assoc. 1 3601 Thurston Avenue Stormwater area including 16.5' Buffer. 7456 Sq.Ft. = 0.17 Acres Net Development Areo: 83,524 Sq.Ft. - 1.92 Acres OO �� 2 bran Chao inc.com Lot Summary 5 Single Family Residential Lots Z w o M e I IoH 19,350 r 6. All existing structures Including out buildings, fences and docks to be removed. � 0.44 Acres n - - z �I LILJ LLI J A I,' r-1 rll r -\AI t L.1-lr\L_V11L_VV Of L---� { - - ---= ------------ --------- (n W L--- 253`0-------------------- 589'37'32'W 3 J \ d p V \� \\ I183 *o CD 1 19,350 Sq.Ft 0.44 Acres n n l \\ ' I I d I L----L� \ �, - . -�- =--- -= -- ----------� 253.82 - - 589'37'3YW ---------------- \\ *\ T- T- II\as - � I LJ jQ 4 l A /fir- 1 1J L \ \ !1 \l L_ 19.073 Sq.Ft. 0.47 Acres h IIP O I-----uu----------- U 11 ( I 11 i- � 589'37'332-W , � � ty 1 1c12a.�,---_.64_851---�.� 1I `vt 150' Setback GHW) I 5 18,211 Sq.Ft. 0. I' 11 0.42 Acres Welland Buffer 11 I II i 64 _ 234± 589'37'32"W I `r I I N 30 0 30 60 SCALE IN FEET LEGEND - LIGHT POLE UTILITY POLE = GUY WIRE = SIGN = MAILBOX e = FOUND IRON MONUMENT O = IRON MONUMENT SET AND MARKED WITH LICENCE NO. 49138 0 = PK NAIL FOUND - = SETBACK LINE CONCRETE SURFACE = BITUMINOUS SURFACE GRAVEL SURFACE _ = 16.5 WETLAND BUFFER r Municipality City of Andover Building Setbacks: (Single Family Urban Residential) Nw\IA I I I I NE\I4 I I I C R Road 50 feet Existing Zoning: R4 - Single Family Urban Residential I Front yard. 40 feet SideCorner 35 feet Proposed Zoning: PUD Rear yard! 30 feet Side yard 10/6 feet Proposed Use. Single Family Residential � l Lake- 50 feet Road Mileage: 0 LF or 0.00 Miles Owner General Contractors of Minnesota 1. In providing this survey no attempt has been made to obtain or show data 2201 107th Lane NE Street Lighting as required glans, MN 55449 Proposed Utilities: Sewer Municipal Subdivider: Doug Schultz Water: Municipal 2201 107th Lane NE 2. The professional surveyor has made no investigation or independent search for Blane MN 55449 Plat Area: Total Area 104,410 Sq.Ft. 2.40 Acres (763) 862-0005 Proposed ROW: 0 Sq.Ft. a 0.00 Acres Designer/Surveyor Bran Person Park Area: 0 Sq.Ft. = 000 Acres rl Hokonson Anderson Assoc. Wetland including 16.5' Buffer: 2030 Sq Ft 005 Acres 3601 Thurston Avenue Stormwater area including 16.5' Buffer. 7456 Sq.Ft. = 0.17 Acres Net Development Areo: 83,524 Sq.Ft. - 1.92 Acres Anoka, MN 55303 (763) 852-04136 Net Density Area' 2.60 Lots/Acre bran Chao inc.com Lot Summary 5 Single Family Residential Lots _ w DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I r-5 s� J L___1_ (NOT TO SCALE) Being 5.00 feet in width and adjoining all right of way Ines and rear lot Ines unless otherwise shown on this plat and being 5.00 feel in width and adjoining all side lot lines unless otherwise shown on this plat VICINITY MAP SEC.33, T.32, R.24 NO SCALE Nw\IA I I I I NE\I4 I I I I _ eUNfER W(E IEViPA '_ - - z Lots 1, 2 and 3. Block 2, LAKEMEW TERRACE, Anoka County, Minnesota. I 5�1IAI Sk�,IA ;<I NOTES: 130/11/111 I'ET E -a u �'e EXISTING PROPERTY DESCRIPTION- (PID NO. 33-32-24-31-0042) Lots 1, 2 and 3. Block 2, LAKEMEW TERRACE, Anoka County, Minnesota. F NOTES: � l O Qi 2 1. In providing this survey no attempt has been made to obtain or show data concerning existence, size, depth, condition, capacity or location of any utility 4-4 existing on the site, whether private, municipal or public owned. O [~ 2. The professional surveyor has made no investigation or independent search for Z easements of record, encumbrance, restrictive covenants, ownership title evidence, or any other facts that an accurate and current title search may disclose. 3. Bearings are based on the Anoka County Coordinate System. rl b -I 4. The address of this property is 13624 Gladiola Street NW, Andover, Minnesota 55304. .W 5. Site benchmark: Southeast quadrant of Bunker Lake Boulevard NW and Gladiola Street NW. w Elevation=880.63 (NAVD88) aQ� 6. All existing structures Including out buildings, fences and docks to be removed. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers C CC: Sarah Cotton, City Administrator C� FROM: Joe Janish, Community Development Director SUBJECT: Rural Reserve Presentation/Discussion — Planning DATE: January 28, 2025 INTRODUCTION Artemis Development Company, LLC is pursing development of the significant portion of the Rural Reserve. Artemis is a joint venture between Gonyea Company and Tradition Development. Artemis Development Company, LLC has approximately 800 acres of the Rural Reserve under purchase agreement. BACKGROUND Artemis Development Company has obtained purchase agreements for 804.91 gross acres owned by three different property owners. City staff has had conversations with the Artemis Team related to extension of city utilities, roadway connections, soil concerns, environmental review and possible land use including density. City Utilities: The rural reserve will be serviced with a sewer trunk line connecting directly to an existing trunk line on Bunker Lake Boulevard referred to as Bunker Lake Trunk (West). The sewer line will run from its current location at Bunker Lake Boulevard and Narcissus Street north to the Woodland Creek Restoration site, along the west side of Coon Creek then crossing South Coon Creek Drive to the Rural Reserve. Municipal water requirements will be evaluated as part of the Environmental Review process. A possible city well, raw water transmission line to water plant, or possible new well and new water treatment site and facility could be required. Roadway Connections: The proposed development provides connections of Veterans Memorial Drive and Andover Boulevard to Round Lake Blvd. The current layout also provides a north/south roadway connection within the development. These connections have been identified in the Transportation Chapter of the Comprehensive Plan. A traffic study will be completed as part of the Environmental Review process. Further access to areas will continue to be discussed with the applicant. City staff is suggesting the parkway islands be maintained by the HOA. City staff also will continue to work with the applicant in regards to the design of the parkways and overall development to ensure adequate snow removal. Parks: The plan would need to go through the review process to obtain input related to public parks, active open space, and trail location input. Currently the thought is that some of the "park" areas would be at or below floodplain elevations in order to accommodate flood storage. Historically the City of Andover has not accepted nor provided credit for "parks" within the floodplain. These areas will need to have continued conversations related to ownership and maintenance. Soil Concerns: The site overall has difficult soil conditions related to development. The peat soil within the development can be significant and determining where wetlands are located on farmed fields can take time. The proposed area also has floodplain that will need to be addressed. The applicants are currently working with Coon Creek Watershed and other agencies in determining wetlands, floodplain mitigation, etc. Environmental Review: The development proposal is large enough to require a mandatory environmental review. The two environmental review options available are Environmental Impact Statement (EIS) or Alternate Urban Area Review (AUAR). EIS: Environmental Impact Statements are a tool used to act as a source of information to guide approval and permitting decisions. An EIS is commonly used when a specific project is proposed, such as a large manufacturing facility. EIS review tends to follow a specific project and lends itself to little, if any flexibility. AUAR: Alternative urban area wide review is a hybrid of the environmental assessment worksheet (EAW) and environmental impact statement (EIS) review processes. An AUAR can be used to understand how different development scenarios will affect the environment of the community before the development occurs. The process is designed to look at the cumulative impacts of anticipated development scenarios within a given geographic area. Staff suggests the use of an AUAR instead of an EIS as it provides more flexibility to the City of Andover and the developer as development occurs in the area of study. A formal decision would be made in the future on which process would be selected. The applicant would provide alternatives to how the area might develop (density, etc) and create a working framework that development would be able to occur. Possible Land Use, including Density: Currently the proposal is shown with just over 4 units per acre. This is achieve by utilizing several housing products. This area is not currently accounted for in the Comprehensive Plan to this level of detail; however, the expectation is that the Rural Reserve will need to develop at a density dictated by Met Council for Suburban Edge Communities. Currently, Met Council is discussing what this density will be and could be as high as 4 units per acre average net density for Suburban Edge Communities. The other item to note is that if the City Council desires to continue to develop the existing land as currently planned within the current Metropolitan Urban Service Area (MUSA), additional density will need to be made up in the Rural Reserve. The applicant and staff have also assumed some affordable housing goals (areas of density 8+ per acre) in order to be compliant with Met Council requirements in the future. Other Items: Staff asked the applicant to reach out to the abutting landowners to discuss "ghost platting" prior to drawing up the plans. Ghost platting is a requirement of City Code and part of the platting process. This will allow the applicant to have an informal conversation with some of the property owners who own the abutting land and attempt to include some items concerns that they may have within the "ghost plats" of their property. At the current level of detail buffers are not shown from areas that would remain rural residential. Buffering will be needed in the near future along with possible additional access to areas, two additional roundabouts at the intersection of parkways. Staff will continue to have conversations with the applicant as they move through the process and City Council will continue to have opportunities for comments as well. ACTION REQUESTED Representatives from Artemis will be present to introduce themselves and provide a presentation related to the proposed project, their proposed timeline. City Council is asked to listen to the presentation and provide initial comments. R p ct;sjubitted, Jo Janis Community Development Director ATTACHMENTS: PowerPoint Presentation from Artemis 11x17 Future Land Use Map 11x17 Layout of Proposed Sketch CC: Jake Walesch, Gonyea Company (Email Only) Todd Stutz, Tradition Development (Email Only) Introduction Artemis Development Team: • Jake Walesch - Owner I Gonyea Company • Dave Gonyea - Owner I Gonyea Company • Jake Enebak - CEO I Tradition Development • Todd Stutz - Vice President I Tradition Development u LJ C Introduction Consultant Team: Civil Engineering - Brian Krystofiak, Carlson McCain Surveying -Thomas Baluff, Carlson McCain Planning and Landscape Architecture, Ryan Ruttger, Carlson McCain Environmental Services/Wetland Delineation - Mark Kjolhaug & Melissa Barrett, Kjolhaug Environmental Services Company Geotechnical - Paul Haugo, Haugo Geotechnical Services Alternative Urban Areawide Review (AUAR) - Rob Bouto, ECO Foresight Native Plant Survey - Paul Bockenstedt, Stantec • Phase One Environmental Review- Justin Michael, Braun Intertec Note: Consultant Team is subject to change as determined by Development Team. u Introduction Property: • Located north of Coon Creek, east of Round Lake Blvd/Co Hwy 9, and south of 161St Avenue NW. • Artemis Development Company, LLC has under Purchase Agreement approximately 804.91 gross acres owned by three different property owners. Ownership is as follows: Property Owners: • Ed Fields & Sons Parcels - 414.84 Gross Acres • Knoll Farms, Inc. Parcels - 103.26 Gross Acres • Slyzuk Family Farm II, LLC Parcels - 286.81 Gross Acres TOTAL ALL PARCELS - 804.91 Gross Acres Introduction Proposed Mission Statement I Fields of Andover �J Our conceptual plans for the development of Fields of Andover will follow high-quality development standards and design guidelines as seen in other Artemis Development Team developments. Representative developments include Hollydale (Plymouth); Taylor Creek (Plymouth); Spirit of Brandtjen Farm (Lakeville); and Huntersbrook (Victoria). The mission behind these development examples is consistent with the intended development of the Fields of Andover Master Planned Unit Development. Like all developments all site planning is informed by existing and future site conditions. In addition, the developer has identified specific development objectives and solutions as illustrated by the attached Preliminary PUD Sketch Plan. • Existing and Future Conditions Preparation of a Preliminary PUD Sketch Plan was informed by a number of factors including the following: • The City Comprehensive Plan guidance(Land Use Plan, Transportation Plan, Wastewater Plan and Parks and Open Space Plan) • Surrounding existing land uses and street connections • Soil conditions including deep peat areas greater than 10' in depth • Soil correction activities which includes excavation and borrow areas • Wetland delineation including private ditches (which require wetland mitigation of 2:1) • Wetland delineation including Public Ditch 37, which is assumed requires wetland mitigation of 1:1 • Preservation of Public Ditch 37 flow through new water features and water quality improvements • Water quality improvement ponding requirements • Floodplain preservation and mitigation Preliminary PUD Sketch Plan Development Objectives and Proposed Development Solutions 1. Development Objective: To provide distinctive neighborhoods with homes of different sizes and types which serve a variety of lifestyles and price points (all homes will be required to comply with specific architectural guidelines). Development Solution: The Preliminary PUD Sketch Plan provides a variety housing choices consisting of nine (9) different housing types with varied lot sizes and land use densities. The PUD Preliminary Plat will include a set of UD standards and architectural guidelines. 2. Development Objective: To create a Master PUD which is consistent with the City's Comprehensive Plan. Development Solution: The Preliminary PUD Sketch Plan respects the surrounding existing land uses. Generally, the Sketch Plan matches lot types and land uses along the its property boundaries. land use intensity gradually increases from east to west. To accommodate business uses and higher density residential, the Sketch Plan provides approximately 40 acres of designated mixed use (approximately 30 acres business park/commercial and 10 acres high density residential). The Sketch Plan is proposed to be consistent with the anticipated Metropolitan Council minimum residential goals of 4 units per net acre. 3. Development Objective: To provide a street system consistent with the City's Comprehensive Plan with connections to the surrounding roadway network (internally, the street system shall be designed to calm traffic and encourage neighboring through the use of boulevard trees, sidewalks, and landscape features). Development Solution: The Preliminary PUD Sketch Plan features a central parkway. The Parkway is shown within a 100' right of way with connections at two locations on Round Lake Blvd. Connections at Round Lake Blvd, ore shown at 149"' Ave. and 157th Ave. Additional collector street connections are made at Veterans Memorial Blvd.; the future extension of Andover Blvd.; and a future northerly connection to 161It Avenue NW. Preliminary PUD Sketch Plan Development Objectives and Proposed Development Solutions 4. Development Objective: To create a development with a broader community benefit to include surrounding neighborhoods with connected public open spaces and varied experiences. To provide dedicated public active, passive, and preserved open spaces connected by a trail system (trail system may be a mix of paved and natural trails). Development Solution: The Preliminary PUD Sketch Plan provides a total of approximately 231.7 acres of active, passive, and nature preserve open spaces. This represents approximately 29% of the total site area. All active and passive open space elements are connected internally and to the adjacent existing neighborhoods through an extensive trail network. It is expected the open space elements will provide a broader public benefit. See the attached Sketch Plan. 5. Development Objective: To provide extensive connected open space which preserves and enhances existing wetlands and ponds. Development Solution: The Preliminary PUD Sketch Plan provides a total of approximate/y 174.7 acres of water quality ponds, waterway areas, preserved floodplain, and wetlands. This represents approximately 22% of the total site area. As part of the overall open spaceplan the Sketch Plan illustrates how these areas are connected by an extensive trail network. Asa replacement for the function of Ditch 37, the planned waterway areas will flow through the site from the northeast to the south. It is expected the waterway will terminate in the floodplain area, and eventually end up flowing into Coon Creek. Water quality improvements are also an important element of the proposed plan. See the attached Sketch Plan. Preliminary PUD Sketch Plan Development Objectives and Proposed Development Solutions 6. Development Objective: To provide a distinctive private homeowners association amenity area. Development Solution: The Preliminary PUD Sketch Plan provides a designated HOA Amenity Area of approximately 6 acres in size. This HOA amenity area will include a private clubhouse, and aquatic center. It is expected the clubhouse facility will be designed to make a significant architectural statement. 7. Development Objective: The development is intended to develop over multiple phases over multiple years. Development Solution: The Preliminary PUD Sketch Plan will provide the ability to develop from south to north to accommodate the extension of the sanitary sewer trunk line in phases. The estimated average annual housing starts is 100 -150 units per year. . z EIL a F 0- C- 07 O O O O C � TBD Preliminary Process and Milestones January 28, 2025: Preliminary PUD Sketch Plan Review City Council Work Session March/April 2025: Neighborhood Meeting • May/June 2025: Public Hearing PUD Sketch Plan Approval (ARC/Planning Commission and City Council) • June 2025: Final Wetland Delineation and Hydrology Study completed • July 2025: TEP, Coon Creek Watershed District, and US Army Corp of Engineers approval of wetland delineation and hydrology study • July 2025: City authorization (as RGU) of Alternative Urban Wide Review (AUAR) • October 2025: AUAR submission • December 2025: AUAR City and required governmental approvals • February 2026: Comp Plan Amendments, Land Use, Sewer Staging Plan, and City PUD Preliminary Plat submission (upon approval Met Council review begins) PHOTOS I Hollydale PHOTOS I Taylor Creek M All FIELDS OF ANDOVER PUD (working project name) Thank you for your consideration. Uri nuuwd/ wo q _� ��� r _ O I—_J 3 161 st- Ave -Nw I I �z X\ i Space -25 ac Nature Pres — to I �i11BL _ -- ,tI� LEGEND iT r—` O D O Parkway (100' ROW) a o Parkway (80' ROW) moo Veteran Memorial Blvd NW , V4~ k J L JI Main Entrance Point Proposed Roundabout Vegans ` ot1a� r Existing / Future Connections Existing Trail — Proposed Trail (-7 miles) i C 0 Stormwater Treatment Pond Waterway (Ditch Mitigation) O 0 Open Space 0 Floodplain / Wetland Areas s F- 7Space T- r 0 ��J 'I SITE DATA OURL - 90' Estate Home Lots (12,600 sf) O URHL - Multi -Family Apartments ±87.8 ac 1 2.00 units/ ac I ±175 units ±10.0 ac 118.0 units / ac 1 ±180 Apartment units OURL - 75' Traditional Home Lots (10,500 sf) ±79.7 ac 12.45 units / ac I ± 195 units OURL - 65' Heritage Home Lots (8.450 sf) ±66.1 ac 12.95 units / ac I ±195 units ®URML - 55' Villa Home Lots (6,325 sf) ±26.5 ac 1 4.15 units / ac I ±110 units OURML - 50' Small SF Home Lots (5,750 sf) ±26.8 ac 1 4.50 units / ac I ±120 units ©URML - 40' Small SF Home Lots (4,000 sf) ±25.7 ac 1 4.65 units / ac 1 ±120 units OURM - Two Story Attached Row Townhomes ±27.7 ac 1 7.60 units / ac 1 ±210 units ®URM - Three Stogy Attached Row Townhomes ±18.5 ac 19.45 units / ac I ±175 units 10 GC - General Commercial ±30.0 ac I Office/ Retail/ Service )Area - 11 t6.0Pool/ Pick eballll CohuhOU c I P ay Area Total Lots / Units ±1,480 Single Family Lots (Detached) ±915 Townhome Units (Attached) ±385 Apartment Units ±180 Total Site Area (ac) ±805.2 Residential Areas ±368.8 ac Commercial Areas ±30.0 ac Open Space Areas ±231.7 ac Pond / Waterway Areas ±85.5 ac Floodplain / Wetland Areas ±89.2 ac Gross Density (units / ac) ±1.84 1,480 units / 805.2 ac Net Density (units / ac) ±4.01 1,480 units / 368.8 ac CARLSON ``® ENGINEERING C I T Y r0 F NDOVE eq. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers COPY: Sarah Cotton, City Administrator FROM: Joe Janish, Community Development Director SUBJECT: Cannabis Ordinance Discussion — Planning/Administration DATE: January 28, 2025 DISCUSSION As the City Council is aware, the 2023 MN State Legislature adopted State Statute 342 legalizing Cannabis in Minnesota as of August 2023 and amended in 2024. The legislation creates the framework for adult -use cannabis in Minnesota and established a new Office of Cannabis Management (OCM), which will regulate cannabis and issue licenses and develop regulations outlining how and when businesses can participate in the industry. Under State Statute 342 local governments play a critical role in the licensing process, serving as a near final approvals for a cannabis business nearing award of a State license from the OCM. Once the Applicant is vetted and the OCM and is selected to proceed in the verification process. The Applicant is then required to receive the City's certification of zoning compliance and approved of local registration before operations may commence. The attached language was adopted by the City of Anoka and created a local registration process. Highlights of the attached draft include the following: • The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Anoka to protect the public health, safety by regulating Cannabis Retail Businesses within its legal boundaries • Limits ofprivately held cannabis retail businesses licensed in the City based on population. • Required Registration Fees • Outlines the City registration process, business relocation, and renewal process. • Retail Business Hours of Operations • Retail Business Building Conditions • Retail Business Compliance Checks • Registration, Suspension, and Cancellation • Civil Penalties City Council will also want to discuss what to do in the case of receiving multiple applications simultaneously. The two options are to have a policy in place or go with first come first serve. Staff has included a copy of the City of Anoka's Cannabis Retail Business Registration Multiple Application Selection Process for review. City Council will also want to discuss the locations related to zoning for the sale of cannabis. ACTION REQUESTED The City Council is requested to review the attached language and provide guidance to staff for consideration of adoption in the City of Andover. Re�ctfu bmitted, i Joe anish Community Development Director Attachments: City of Anoka's Regulation of Adult Use Cannabis Business Operations Language. Cannabis Retail Business Registration Multiple Application Selection Process. Proposed City of Andover Fee Schedule Amendment CC: - Scott Baumgartner, City Attorney (Email Only) Chapter 22 Business and Services Article XIV Regulation of Adult Use Cannabis Business Operations Sec. 22-801. Purpose. The purpose of this ordinance is to establish State licensing, City registration, and business operational requirements related to Adult Use Cannabis Products in the City of Anoka. Sec. 22-802. Findings of City Council. The City Council makes the followingfidings regarding the need to regulate, register, and inspect business establishments that sell certain cannabis products: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342 which authorizes the City of Anoka to protect the public health, safety, and welfare of its residents by regulating Cannabis Retail Businesses within its legal boundaries Due to the passage of this new law by the Minnesota Legislature, the City Council believes the following rules regulations, and standards for registering tag the sale of cannabinoid products are necessary to promote and protect the public health, safety, and general welfare of the residents of Anoka. Sec. 22-803 Definitions. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. Adult -Use Cannabis Product means a cannabis product that is approved for sale by the OCM or is substantially similar to a product approved by the OCM. Adult -Use Cannabis Product includes edible cannabis products but does not include Medical Cannabinoid Products or lower -potency hemp edibles. Cannabis Retail Business means a business licensed by the OCM and registered with the City to sell Adult -use cannabis products directly to customers including Medical Cannabinoid Products. Cannabis Retail Business does not include any other cannabis State license types includingthose who may have a combination license, which includes a retail component. Daycare means a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day_ Medical Cannabinoid Product is as defined under Minn. Stat. 342.01 subd. 52. Medical Cannabinoid Product does not include Adult -Use Cannabis Products or hemp -derived consumer products. Page 58 of 380 Odice of Cannabis Management means the Minnesota Office of Cannabis Management, referred to as "OCM" in this ordinance. Preliminary License Approval means an OCM pre -approval for a Cannabis Retail Business license for applicants who qualify under Minn. Stat. 342.17. Residential Treatment Facility is as defined under Minn. Stat. 245.462 subd. 23. Retail Registration means an approved registration issued by the City of Anoka to a state- licensed Cannabis Retail Business. School means a public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. State License means an approved license issued by the OCM to a Cannabis Retail Business. Sec. 22-804. Personal Adult Use of Cannabis. Personal adult use possession, and transportation of cannabis flower and cannabinoid products shall be allowed as authorized under M.S.A §342.09 Sec. 22-805. Limit of Privately Held Cannabis Retail Businesses Licensed in the City of Anoka. (a) The number of licensed cannabis retailer businesses in the City that may receive a retail registration is limited to one (1) private business for every 12,500 residents. If Anoka County has the equivalent of one (1) active Cannabis Retail Business registration for every 12,500 residents in the County, then the City shall not be required to register additional state -licensed private Cannabis Retail Businesses. Sec 22-806. City of Anoka Operated Cannabis Retail Businesses The City of Anoka may operate Cannabis Retail Businesses at the discretion of the Anoka City Council. A City operated Cannabis Retail Business shall not be counted against the license limits under Section 22-805(a). Sec. 22-807. State of Minnesota Issued Cannabis License Required. All licensees under this Article must obtain a license from the OCM prior to selling any adult -use cannabis products and must comply with the provisions of this Article and all state and federal laws and regulations. Sec. 22-808. City Cannabis Retail Business Registration Required. Before making retail sales to customers or patients, a Cannabis Retail Business must register with the City and pay the City Registration fee. A violation of this Section shall subject the violator to a civil penalty, as set forth in the City's Master Fee Schedule, in an amount not to exceed $2,000 for each violation. Page 59 of 380 Sec. 22-809. City Registration and Renewal Fees. The City registration and renewal fees are established as part of the City's official Master Fee Schedule adopted annually and amended from time to time are nonrefundable, and shall be charged as part of the registration process or renewal process as the case may be. A Cannabis Retail Business licensed to sell both adult -use cannabis and Medical Cannabinoid Products at the same location may only be charged a singley registration or renewal fee, as the case may be. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. Subsequent renewal fees shall be charged at the time of the second renewal and each subsequent annual renewal thereafter. Sec 22-810. City Registration Application Submittal. The City shall issue a retail registration to a state -licensed Cannabis Retail Business that adheres to the requirements of Minn. Stat. 342.22. and all requirements of this ordinance. (a) An applicant for a retail registration shall fill out an application form, as provided by the City of Anoka. The form shall include, but is not limited to: (1) Full name of the property owner and applicant; (2) Address email address and telephone number of the applicant; (3) The address and parcel ID of the property for which the retail registration is sought; (4) Certification that the applicant complies with the requirements of all local ordinances; (5) Required Registration Fee; and (6) A copy of a valid state license or written notice of OCM license preapproval. (b) Once an application is considered complete, the City of Anoka shall inform the applicant as such process the re ist��] fees, and forward the application to the City Council for approval or denial. (c) The registration fee shall be non-refundable once processed. (d) A state -licensed Cannabis Retail Business application shall not be approved if the Cannabis Retail Business would exceed the maximum number of registered Cannabis Retail Businesses permitted under Section 22-805. (e) A state -licensed Cannabis Retail Business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. (i) If multiple valid applications for retail registration exceeding the number of registered Cannabis Retail Businesses permitted under Section 22-805(a) are received by the City at the same time the issuance of retail registrations shall be in accordance with a lottery ystem conducted by the City. [Alternative language: If multiple valid applications for retail registration exceeding the number of registered Cannabis Retail Businesses permitted under Section 22-805(a) are received by the City at the same time, the issuance of retail registrations shall be in accordance with a criteria selection policy established by the City] Page 60 of 380 Sec. 22-811. Issuance of City Registration. (a) The City will issue a City Registration to a Cannabis Retail Business that: has a valid license issued by the OCM; has paid the registration fee or renewal fee pursuant to Sec. 22-809; is found to be in compliance with the requirements of Minnesota StatutesChapter 342 at any preliminary compliance check that the City performs; and is current on all property taxes and assessments at the location where the retail establishment is located. Before issuing a retail registration the City may a preliminary compliance check to ensure that the Cannabis Retail Business is in compliance with the applicable operation requirements and the limits on the types of Adult -use cannabis products that may be sold. (c) The City issued registration may not be transferred. Sec 22-812 Location Change Within City Limits A state -licensed Cannabis Retail Business shall be required to submit a new application for City registration under Section 22-810 if it seeks to move to a new location still within the legal boundaries of the City of Anoka. Sec. 22-813 Renewal of Registration (a) The City registration shall be required to be renewed when a license is renewed with the OCM. (b) A Cannabis Retail Business shall apply to renew registration on a form established by the City. (c) The City charge a renewal fee for the registration starting at the second renewal, as established in the City's Master Fee Schedule. (d) The application for renewal of a retail registration shall include, but not be limited to, Items required under Section 22-810. Sec. 22-814. Certain Locations or Areas Ineligible for City Cannabis Registration. (a) No registration shall be granted to: Any Cannabis Retail Business that is not in full compliance with this Code, the City's zoning regulations and property maintenance code, the building code, the fire code, and all provisions of state and federal law; A Cannabis Retail Business seeking to operate within 500 feet of : (i) a school; (ii) a day care; (iii) a residential treatment facility; (iv) an attraction within a public park that is regularly used by minors, including a playground, athletic field, tennis/pickleball courts ice arena, or related, as officially mapped by the City and approved by the City Council; or (v) another Cannabis Retail Business or Cannabis Retailer. Page 61 of 380 Nothing in this Section shall prohibit an active Cannabis Retail Business seeking a renewal of its registration from continuing operation at the same site if a school, daycare residential treatment facility, or an attraction within a public park that is regularly used by minors moves within the minimum buffer zone. Sec. 22-815. Cannabis Retail Business Hours of Operation. Cannabis Retail Businesses are limited to the retail sale of Adult -Use Cannabis Products between the hours of 10:00 A.M. to 10:00 P.M. Monday through Saturday. Sec. 22-816. Cannabis Retail Business Building Conditions A licensed and registered Cannabis Retail Business shall maintain compliance with state and local building fire property maintenance, nuisance, and zoning_ requirements and/or regulations. Sec. 22-817. Compliance Checks and Inspections. (a) The City shall conduct compliance checks of every Cannabis Retail Business with a retail registration issued by the City at least once each calendar year. The checks shall assess compliance with age verification requirements, the applicable operation requirements and the applicable limits on the types of Adult -Use Cannabis Products being sold. Said compliance checks may be performed by a law enforcement officer or a City employee. b) The Citv must conduct unannounced age verification compliance checks at least once each calendar year. Age verification compliance checks must involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase Adult -Use Cannabis Products under the direct supervision of a law enforcement officer or a City employee. Sec. 22-818 Registration Suspension and Cancellation; Notice to Office; Penalties. a) If the Citv determines that a Cannabis Retail Business is not operating in compliance with the requirements of this Article or M.S.A. Chapter 342, or that the operation of the business poses an immediate threat to the health or safety of the public, the City may suspend the retail registration of the Cannabis Retail Business. The City shall immediately notify the OCM of the suspension in writing and shall include a description of the grounds for the suspension. (b) The OCM shall review the retail registration suspension and may order reinstatement of the retail registration or take any action described in M.S.A §& 342.19 or 342.21. c) The retail registration suspension may be for un to 30 days unless the OCM suspends the license and operating privilege of the Cannabis Retail Business for a longer period or revokes the license. The business may not make sales to customers if their registration is suspended or revoked. (d) The City may reinstate the retail registration if the City determines that the violations have been resolved. The City must reinstate the retail registration if the OCM orders reinstatement. Page 62 of 380 (e) No Cannabis Retail Business may make any sale to a customer or patient without a valid retail registration. The City may impose a civil penalty of up to $2,000 for each violation of this paragraph. (� Cannabis Retail Businesses are prohibited from allowing onsite consumption or onsite use of Adult -Use Cannabis Products by customers. (g) Cannabis Retail Businesses are required to prevent the visibility of Adult -Use Cannabis Products and devices used for smoking/using cannabis to individuals outside of the Cannabis Retail Business retail location. Sec. 22-819 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as specified in the City's Master Fee Schedule, for registration violations, not to exceed $2,000. Page 63 of 380 CANNABIS RETAIL BUSINESS REGISTRATION MULTIPLE APPLICATION SELECTION PROCESS If multiple valid applications for retail registration exceeding the number of registered Cannabis Retail Businesses permitted under Anoka City Code Chapter 22, Article XIV, Section 22-805(a) are received by the City on the same business day, the issuance of retail registrations shall be in accordance with a criteria selection policy stated below. Four Phase Multiple Application Process The application process would consist of four phases described in detail below: • Phase I: Initial Review by City Staff Review Team • Phase II: Evaluation and Scoring by City Staff Review Team • Phase III: Eligibility List generated by City Staff Review Team • Phase IV: Final Section by Anoka City Council (City Staff Review Team: City Manager, Police Chief, City Attorney, & Community Development Director) Phase I (Initial Review) is an initial review of the application to determine whether it is complete and meets all of the minimum requirements described in the application. During the initial review, City Staff would ensure that the application also includes the required criteria. Complete submissions would move forward to Phase II. Applications that fail to provide all of the additional submittal requirements would be deemed incomplete and would not move forward to Phase II. There would be no appeal as scoring is based solely on objective criteria. 2. Phase H (Evaluation and Scoring) would include the evaluation and scoring of the criteria. Applications would be reviewed and scored, using a merit -based system based on the following weighted -point scale of up to 10 MAXIMUM POINTS: CATEGORIES SCALE 1-10 POINTS MAXIMUM POINTS RANGE ASSIGNED CATEGORY 1= 40% OF 10 X 40% 4.0 SCORE CATEGORY 2 =25% OF 10 X 25% 2.5 SCORE CATEGORY 3=25% OF 10 X 25% 2.5 SCORE CATEGORY 4 =10% OF 10 X 10% 1.0 SCORE TOTAL MAXIMUM 10 POSSIBLE SCORE A. CATEGORY I- Business Plan equals 40% (up to 4 Points) of total score: Owner experience, qualifications, budget, capitalization, pro forma, and daily operation procedures. B. CATEGORY 2 - Neighborhood Compatibility Plan = 25% (up to 2.5 Points): How the Applicant addresses proactively and responds to complaints to neighborhood nuisances related to noise, light, odor, litter, vehicle, and pedestrian traffic. C. CATEGORY 3 -Preliminary Safety and Security Plan= 25% (up to 2.5 Points): Description of planned safety and security measures. D. CATEGORY 4 - Odor Control Plan, 10% (up to 1 Points procedures detailing how odor impacts will be mitigated. 3. In Phase III (Eligibility List), after being evaluated and scored through Phase II, Applicants would be ranked from highest to lowest within each license type, in order to establish an eligibility list. This list would be forwarded to the City Manager or designee, who would prepare a Staff Report for the City Council. 4. In Phase IV (Final Selection), the eligibility list and applications for Cannabis Retail Business Registration would be forwarded to the City Council for review and final selection to determine which Applicants are eligible to receive a City of Anoka Cannabis Retail Business Registration. This final selection would occur at a public meeting where Applicants would have the opportunity to address the City Council and answer any additional questions prior to the City Council making a final decision. It is anticipated that these interviews may need to be scheduled for a Special City Council meeting if necessary, in order to provide adequate time for consideration of the final selection. The City Council has the authority to choose from any of the Applicants on the eligibility list. The City reserves the right to request and obtain additional information from any Applicant who advances to Phase IV. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINANCE AMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Administration: Administrative Fee: (non -project related activity) 15% of total charges for overhead costs Advertising: Ice Arena — Wall Banner - 4x8 $850.00 per year - -_ Wall Banner - 8x8 $1,350.00 per year Dasher Board - 3x8 $850.00 per year In Ice Ad - Ice Arena $1,600.00 per year In Ice Ad - Sports Complex $1,300.00 per year = __ Zamboni - full wrap $2,100.00 per year Scoreboard- lighted $1,350.00 per year Scoreboard - non -lighted $1,000.00 per year Wall Sign - Lighted $1,250.00 per year Field House -- Wall Banner -4x8 $850.00 per year Scoreboard - 2x8 $500.00 per year Parks =- Fence Banner $240.00 er a two-year sign agreement Approval/Recording of Deeds: Abstract & Torrens Properties $100.00 Bad Check Fee: $30.00 Building Lease Damage Deposit: $500.00 (If deposit is used for a repair, it must be made whole for the duration of the lease.) Cannabinoid License. _ $500.00 per year Cannabis RegistraLluu: _ Initial Registratinual Fee = X1,500.00 Annual Renewal Few= 2 ;-000.00 Canvasser/Solicitor 17- se: _ Inti ation Fee $25.00 per individual - 30 -da license Ord 352 City Code Amendment. -- $5 3:00 City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan _= $25.00 Compliance Order Appeal - = $50.00 Conduit Debt Administrative Fee 0.25% of the principal amount of the issuance Convenience Fee - In -Person 3.95% of the total charge if over $1,000.00 Convenience Fee - Online Permits 3.95% plus $2.00 rounded up to the nearest dollar Copies: (per sheet) Up to 8'/z" x 14" $0.35 Oversize $0.50 18"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 City Code - paper co $50.00 Page 1 Adopted by the City Council of the City of Andover this day of 2025. Attest: Michelle Hartner CITY OF ANDOVER Jamie Barthel - Mayor Page 2 C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members FROM: Sarah Cotton, City Administrator SUBJECT: Discuss Options for Filling the Vacant City Council Seat DATE: January 28, 2025 0 INTRODUCTION The City Council is asked to review this staff report along with the attached reference materials and discuss and provide direction to City Administration on how the Council would like to proceed with filling the vacancy on the City Council. THIRC';T TONTON On Tuesday, January 7, 2025, City Council approved a resolution declaring a vacancy in the position of Councilmember. Jamie Barthel was elected to the position of Mayor at the Municipal General Election held on November 5, 2024. Barthel was previously elected to the position of Councilmember with a term set to expire on January 5, 2027. With a little less than two years remaining in Councilmember Barthel's term, the Council should discuss and determine how to fill the vacant seat for the remainder of the term. Pursuant to Minnesota Statute §412.02, Subd. 2a, a vacancy in the office of councilmember shall be filled by council appointment until an election is held. In this case, since the vacancy occurs with less than two years remaining in the term, there need not be a special election to fill the vacancy and the appointed person would serve until the qualification of a successor via the November 2026 general election. ACTION REQUIRED City Council direction is sought on how to proceed with filling the vacancy. Respectfully submitted, q— WM M%m Sarah Cotton Attachment(s): Excerpts from Minnesota State Statute and League of Minnesota Cities Guidance Example Process Utilized to Fill a Vacancy — City of Anoka MINNESOTA STATUTES 2024 412.02 412.02 MS 1945 [Repealed, 1949 c 119 s 110] 412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES. Subdivision 1. Officers elected. The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Officer Number of Year Elected City Elected Years in Term Mayor Two or four Every two years except where four Every statutory city years is otherwise provided pursuant to statute Clerk Four Every four years in year when Every statutory standard plan treasurer is not elected city in which there is no clerk -treasurer Treasurer Four Every four years in year in which Every statutory standard plan clerk is not elected city in which there is no clerk -treasurer Clerk- Four Every four years in year in which one Every statutory standard plan Treasurer council member is elected city where such office exists pursuant to subdivision 3 Three Council Four Two every four years and one in Every statutory standard plan members alternative election city with a council of five Four Council Four Two each election Every statutory optional plan members city with a council of five Five Council Four Three every four years and two in Every statutory standard plan members alternative election city with a council of seven Six Council Four Three each election Every statutory optional plan members city with a council of seven Subd. 1 a. City council; city employees. Neither the mayor nor any city council member may be employed by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as defined by the city's employment policy. Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until their successors qualify. Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall Official Publication of the State of Minnesota Revisor of Statutes 412.02 MINNESOTA STATUTES 2024 2 serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor. The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable. Subd. 2b. Inability or refusal to serve. A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90 -day period because of illness, or because of absence from or refusal to attend council meetings for a 90 -day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings, whichever is earlier. When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. Subd. 3. Clerk, treasurer combined; audit standards. (a) In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk -treasurer, but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk -treasurer or a duly appointed deputy. The offices of clerk and treasurer may be reestablished by ordinance. (b) If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is the amount in paragraph (c), or less, the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. (c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce. Subd. 4. MS 1971 [Repealed, 1973 c 34 s 7] Subd. 5. MS 1982 [Repealed, 1983 c 359 s 151] Subd. 6. Council increased or reduced. The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and terms and ward boundary changes, if applicable, to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question, go into effect in accordance with the schedule and ward boundaries, if applicable. Official Publication of the State of Minnesota Revisor of Statutes MINNESOTA STATUTES 2024 412.02 Subd. 7. Wards. (a) A city may adopt an ordinance to elect its city council members by ward in the following circumstances: (1) if the ordinance is submitted to the voters of the city for approval at a regular or special election, and the ordinance is adopted at least 180 days before that election; or (2) when approved or ordered to do so by a court of competent jurisdiction acting in response to a challenge to the city's method of conducting elections. (b) If the city is petitioned by at least 15 percent of the electors voting at the last previous city election asking that the question of city council member election by ward be put to the voters of the city, the city must adopt an ordinance for that purpose and submit the ordinance to the voters of the city for approval at a regular or special election. (c) An ordinance must designate the boundaries of the wards. The ordinance must also state whether the city will otherwise operate as a statutory standard plan city or statutory optional plan city, subject to voter approval as may be required under this chapter. If submitted to the voters by ballot question, the ordinance shall go into effect at the next regular city election if it is approved by a majority of those voting on the question. Except as provided by this subdivision, section 205.10 applies to a ballot question submitted to the voters at a special election under this subdivision. (d) A city that elects its council members by ward is subject to the requirements of sections 204B.135 and 205.84. History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s 1-4; 1967 c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s I subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c 337 s 5; 1976 c 2 s 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2; 2010 c 206 s 2; 2021 c 31 art 3 s 27; 2024 c 112 art 3 s 12,13 Official Publication of the State of Minnesota Revisor of Statutes RELEVANT LINKS: See Minn. Const. art. V, § 6. The required oath is: "I, (name), do solemnly swear to support the Minn. Stat. § 358.06. Constitution of the United States, the Constitution of the State of Sample Oath of Office and Minnesota, and to discharge faithfully the duties of the office of (insert Acceptance, Minnesota Secretary of state. brief description of office) of the city of (insert city), Minnesota, to the best of my judgment and ability, so help me God." Minn. stat. § 358.08. If the officer objects to an oath on religious grounds, the word "affirm" can substitute for the word "swear," and the phrase "and this I do under the penalties of perjury" can substitute for the phrase "so help me God." Minn. stat. § 358.09. Any person with authority to take and certify acknowledgments may Minn. Stat. § 358.10. administer the oath, including the city clerk, a justice of the peace, a notary Minn. Stat. § 358.52, subd. 6. public, or a register of deeds. The candidate taking the oath must lift his or her hand while reciting the oath. The candidate qualifying for office must Minn. stat. § 358.11(3). take the oath and sign a copy of the oath in the presence of the administering official. The signed copy should go to the city clerk for filing. City assessors should file their copy with the county auditor. If an officer must also submit a bond, the oath should be attached to the LMCIT Property, Crime, Bond, and Petrofand bond and both documents should go to the council for approval and then to Coverage Guide, Section the clerk for filing. The LMCIT memo linked at left contains information VII -A, Bond coverage. on which public officers must or may be bonded. D. Term limits Minn. Const. art. VIl, § 6. The Minnesota Constitution establishes the eligibility requirements for Minn. Const. art. XII, §§ 3, 4. Minneapolis Term Limits public office without authorizing the adoption of additional requirements. Coalition v. Keefe, 535 Therefore, a statutory or charter city may not enact term limits as an N.W.2d 306 (Minn. 1995). eligibility requirement. E. Vacancies Minn. stat. § 351.02. Vacancies in an elective office in a statutory or home rule charter city may occur for the following reasons: 1. Death Minn. stat. § 351.02(l),(8). The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office, the vacancy exists from the date the term would have started. 2. Resignation Minn. stat. § 351.02(2). A resigning elected public official must submit a written resignation to the Minn. Stat. § 351.01, subd. 1. council. After receiving a resignation, the council should pass a resolution stating it has received and accepted the resignation, and declaring that a vacancy exists. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 5 RELEVANT LINKS: Minn. stat. § 351.01, subds. Unless the resignation expressly states it is to take effect at a future date, 2, 3, and 4. See informal A.G. letter opinion dated the resignation will be effective when received by the council. If the Mar. 3, 2003 (advising that resignation states it takes effect on a specified date, the vacancy occurs on Minnesota law does not require that a written that date if it has been received by the council or other official authorized resignation be "received" by by the council to receive documents on its behalf even if the council has the council during a formal meeting in order to be not formally accepted it at a council meeting. To withdraw a prospective effective). resignation, the resigning officer must submit a written statement of withdrawal in the same manner as the resignation. In order to be effective, the withdrawal must be received before the council accepts the resignation by resolution or before an officer authorized to receive it has issued a written acceptance. 3. Removal by operation of law In most situations, it is not possible to remove statutory elected officials before the end of their terms, for cause or otherwise. Cities should consult with their city attorneys before attempting removal of any elected official. Statutory city voters have no recall authority. Some home rule charters, however, give voters this option, but there remains some question as to whether this type of charter provision is constitutional. Minn. stat. § 351.02(5). In certain situations, removal by operation of law can occur. A vacancy A.G. Op. 490D (Nov. 18, 1952). Minn. Stat. § 609.02, occurs if an elected official is convicted of any "infamous" crime. An subd. 2. Minn. stat. § 609.42. infamous crime is a felony, that is, a crime for which a sentence of imprisonment for more than one year may be imposed. For example, bribery is a felony. Thus, a bribery conviction would result in the elected official's immediate removal from office. In addition, any public officer convicted of bribery is forever disqualified from holding public office. Minn. stat. § 609.43. Minn. Misconduct of a public officer or employee, as defined by law, is a gross Stat. § 609.02, subd. 4. misdemeanor. Therefore, a misconduct conviction is not an infamous crime, and does not automatically result in an elected official's removal from office. Minn. stat. § 351.02(5). A vacancy does occur, however, when an elected official is convicted of Minn. Stat. § 358.05. Minn. Const. art. v, § 6. an offense involving a violation of the individual's official oath. Many See, Minn. stat. §§ 609.415- offenses that are not felonies or "infamous" crimes may involve a violation .475. of an individual's oath and may result in a vacancy upon conviction. Minn. stat. § 13D.06, subd. A vacancy also occurs if a council member is found to have intentionally 3. Brown v. Cannon Falls Twp., 723 N.W.2d 31 (Minn. violated the open meeting law in at least three separate court actions. If a App. 2006), Funk v. court finds a third separate, intentional violation, it must declare the O'Connor, 916 N.W.2d 319 (Minn. 2018). position vacant and notify the appointing authority or clerk. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 6 RELEVANT LINKS: 4. Termination of city residency Minn. stat. § 351.02(4). A vacancy occurs when a city council member ceases to be a resident of A.G. Op. 126-h (Oct. 19, 1955. the city. Residence is a factual question the council must determine in each case. Voting in the city is only one indication of residence. The office holder's intent and availability to perform official duties are additional criteria that should be considered. A council member becomes a non-resident when the property where the council member lives is detached from the city. 5. Failure to qualify for office Minn. stat. § 351.02(6). An elected official may fail to qualify for office by refusing or neglecting to take the oath of office, to give or renew an official bond, or to deposit such oath or bond within the time prescribed by law. This type of vacancy is not automatic. A newly elected official may qualify at any time prior to the council declaring the office vacant. 6. Abandonment A.G. Op. 99 (Aug. 26,1920). Whether an abandonment of office actually occurs is difficult to determine. The intent of the office holder is the controlling factor. The attorney general, while cautioning that this is a question of fact, has indicated that failure to participate in council activities for three months is sufficient grounds for declaring an abandonment of office. 7. 90 -day absence rule Minn. stat. § 412.02, subd. A vacancy in the office of mayor or council member may be declared by 2b. the council when the office holder is unable to serve in the office or to attend council meetings for a 90 -day period because of illness, or because of absence from or refusal to attend council meetings. If any of the preceding conditions occur, the council may, by resolution, declare a vacancy and then fill it at a regular or special council meeting. The appointed council member will serve for the remainder of the unexpired term, or until the absent council member is again able to resume duties and attend council meetings, whichever is earlier. When the absent council member is able to resume duties and attend council meetings, the council shall, by resolution, remove the temporary office holder and restore the original office holder. 8. Qualifying for a second or incompatible office See LMC information memo, Oficial Conflict of Interest If an officer accepts a second office that is incompatible with the first, the for more information. first office is automatically vacated. (Section J of this chapter discusses incompatible offices in more detail). League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 7 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 8 9. Expiration of elected term Minn. Stat. § 412.02, subd. 2. Generally, the vacancy occurring at the conclusion of an incumbent's term Minn. Stat. § 205.07, subd. la. of office is filled immediately by the successor. If no one has been elected, the incumbent fills the office until the council appoints a successor and that person qualifies for the office. 10. Habitual drunkenness Minn. stat. § 351.07. State law provides that the habitual drunkenness of any person holding office is good cause for removal from office. F. Filling vacancies Minn. stat. § 412.02, subd. While a council might identify and declare the facts giving rise to a 2a. A.G. Op. 59a-30 (July 24, vacancy, for all practical purposes they occur automatically and are not 1996). based upon any removal action. Because the council must fill vacancies in See Accepting Council elective offices, it should determine whether a vacancy exists. After Member Resignation and investigating the facts, the council should pass a resolution declaring a Declaring a Vacancy, LMC Model Resolution. vacancy and then fill it as soon as possible. Minn. stat. § 412.02, subd. State law provides that statutory city councils make the appointment to fill 2a. a vacancy, except in the case of a tie vote when the mayor makes the A.G. Op. 471-M (Oct. 30, appointment. That means all members of the council, including the mayor, 1986). can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment. State law does not place any limitation on a mayor's ability to make an appointment in the case of a tie vote. As a result, the mayor can appoint Minn. stat. § 412.121. Minn. any qualified person willing to fill the vacancy even if that person was not Stat. § 471.46. the subject of the original appointment vote. If the vacancy is for the mayor's office and the council casts a tie vote, the acting mayor should make the appointment. The acting mayor may not, however, appoint himself or herself. Minn. Const. art. v11, § 6. The council may appoint any individual who is eligible for election to that office. Generally, to be eligible a person must be a U.S. citizen, a resident of the city, a qualified city voter, and at least 21 years old. The council is not obligated to appoint any candidate previously defeated in an election for the office. Minn. stat. § 415.15. A resigning council member may not vote on the appointment of the A.G. Op. 471-M (Dec. 27, 1977). successor to that vacancy. A council member who is elected mayor, however, may participate in the appointment vote to fill the vacancy in his or her former council position. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 8 RELEVANT LINKS: Minn. stat. § 412.02, subd. 2a. Under certain circumstances, individuals appointed to fill council vacancies serve on a temporary basis, and the city must hold a special election to elect a permanent replacement to fill the vacancy. Two factors determine whether an election is required: first, whether filing has opened for the next regular city election, and second, the length of the unexpired portion of the term at the time of the vacancy. Minn. Stat. § 412.02, subd. 2a. If the vacancy occurs on or after the first day to file as a candidate for the next regular city election or if less than two years remain in the unexpired term, the city does not need to hold a special election, and the appointed person can serve out the remainder of the unexpired term. In the alternative, if the vacancy occurs before the first day to file as a candidate for the next regular city election and more than two years remain in the unexpired term, the city must hold a special election to fill the council vacancy at or before the next regular city election, and the person elected will serve out the remainder of the unexpired term. Minn. stat. § 412.02, subd. If the council chooses to hold a special election to fill a vacancy at a time 2a. See LMC information memo, City special other than at the regular city election, it must first adopt an ordinance Erections, for more information. specifying the circumstances under which such an election will be held. Minn. stat. § 412.02, subd. 2. Minn. Stat. § 205.07, subd. State law generally provides that the terms of elected city officials begin I a. A.G. op. 471-M (Nov. on the first Monday in January following the election. However, the 23, 1999). attorney general has advised that a person elected to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate. G. Council members ineligible to fill certain vacancies Minn. stat. § 471.46. City council members, including mayors and elected clerks, may not be considered to fill vacancies in other city elective offices if the council has the power to make the appointment to fill the vacancy. This rule applies even if a council member resigns the position on the council before the council makes the appointment. An exception to this rule is that the council may appoint one of its members to the office of either mayor or clerk. In such a case, the council member being considered for the appointment may not vote. H. Gifts Minn. stat. § 471.895. Minn. Stat. § 10A.071, subd. Elected and appointed "local officials" are generally prohibited from 1. Minn. Stat. § 471.895, accepting gifts from "interested persons." A "gift" is defined as money, subd. 1(b). real or personal property, a service, a loan, a forbearance or forgiveness of debt, or a promise of future employment, that is given and received without the giver receiving something of equal or greater value in return. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2024 Elected Officials and Council Structure and Role Chapter 6 1 Page 9 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 3 III. Filling vacancies in elective offices Minn. stat. § 412.02, subd. When a vacancy occurs in a statutory city council, the statutes provide that 2a. Minn. stat. § 205. 10, subd. 2. a vacancy "shall" be filled by appointment, generally indicating that the Minn. Stat. § 645.44, subd. action is mandatory. 16. A.G. Op. 471-M (Oct. 18, The attorney general has held that it is mandatory to fill vacancies in 1951). office. In certain situations, the city must hold a special election in addition to making an appointment. When a special election is necessary, the council must appoint a person to Handbook, Elected Officials and Council structure and hold the vacant position until voters elect a candidate to serve in that Role. position at the special election. The council should adopt a resolution that Accepting Council Men:ber declares the vacancy. After considering interested and qualified residents, Resignation and Declaring a the council must appoint an eligible person to fill the vacancy. Where Vacancy, LMC Model Resolution. appropriate, the city council then calls for a special election. A. Determining need Minn. stat. § 412.02, subd. In deciding whether a special election is necessary in a statutory city, look 2a. Handbook, Elected Officials at when the vacancy occurred, and the amount of time left on the and council structure and unexpired term. To determine if a special election is necessary, the city Role, Section I -E; Section I- F. must answer the following two questions: • Did the vacancy occur before the first day to file affidavits of candidacy for the next regular city election? • Do more than two years remain in the unexpired term? Minn. Stat. § 412.02, subd. When the answer to both questions is "yes," a special election to fill the 2a. Handbook, Elected Officials vacancy is necessary. If the answer to either or both questions is "no," a and Council structure and special election is not necessary. Where no special election is necessary' Role, Section I -E; Section I- F. the appointed person serves for the duration of the term. Minn. Stat. § 205.02, subd. 2. In a charter city, look to the charter to determine how a vacancy should be Minn. Stat. § 205.10. A.G. Op. 63-A-11 (Dec. 20, filled. City charter provisions may govern how to fill the vacancy over 1966). general state law. For example, if a charter provides that a vacancy is filled A.G. Op. 63-A-11 (April 24, 1979). by appointing a replacement for the remainder of the term (regardless of Minn. stat. § 205.02. when the vacancy occurs or how much time is left on the term), the charter provision overrides the requirement in state law that calls for a special Minn. stat. § 410.33. election. If the charter is silent on how to fill vacancies, the city may Minn. Stat. § 412.02, subd. 2a. follow the same process as statutory cities. Certain election law provisions do not apply to charter cities, so charter cities should work with their city attorney on election issues. League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 3 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 4 B. Timing Minn. stat. § 412.02, subd. A special election to fill a council vacancy may be held at or before the 2a. next regular city election. Many cities hold this type of special election at the same time as the next regular city election. Providingfor Special In order to hold a special election before the next regular city election, the Elections to Fill Council Vacancies, LMC Model council must adopt an ordinance that specifies under what circumstances it Ordinance. will hold a special election to fill a vacancy before the next regular city election. The city may choose to adopt an ordinance that addresses all future special elections on vacancies. An example of this would be an ordinance that requires a special election every time a vacancy occurs within a specified period of time before the filing period for the next regular election. A different option would be to adopt an ordinance that addresses only one election; this type of ordinance would not apply to all future special elections. Generally, if an ordinance allows the city to hold a special election before Minn. stat. § 205. 10, suba. 3a. the next regular city election, an election to fill a vacancy may be held on any of the days allowed by statute. Minn. Stat. § 205. 10, suba. Cities may only hold a special election on one of uniform election dates: 3a. • The second Tuesday in February. • The second Tuesday in April. • The second Tuesday in May. • The second Tuesday in August. • The first Tuesday after the first Monday in November. • On another date if the special election is held in response to an emergency or disaster. "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. "Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment. A home rule charter city must not designate additional dates in its charter. Minn. stat. § 351.055. If it is certain that a vacancy will occur in the future and there must be a special election for the position, the city council may begin the special election process so that a successor may be elected at the earliest possible A.G. Op. 471-M (June 6, 1958). time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the council. Cities should not appoint a person to a vacancy before the vacancy exists. League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 4 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 5 C. Election administration Handbook, Electron A special election to fill a vacancy is administered in the same manner as a Procedures. Secretary of State city clerk general election. This means that the same notice requirements must be Election Guide. followed. Similarly, filing for the office takes place in the same way for both general and special elections. D. Taking office Minn. stat. § 204D.02, subd. Generally, the terms of elected city offices begin on the first Monday in 2. A.G. Op. 471-M (Nov. 23, January following the election. However, in a special election to fill a 1999). vacancy, the new council member is eligible to qualify and take office upon receipt of an election certificate. IV. Special elections on ballot questions A. Authorized questions Minn. stat. § 205. 10, subds. State law refers to "special elections on questions," "public questions," 1, 5. Minn. Stat. § 205.02, subd. 2. and "ballot questions" when discussing citywide votes on questions voters have legal authority to decide. A "ballot question" is a proposition placed Minn. Stat. § 211A.01, subd. 2. on the ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state. The secretary of state uses the term "city question ballot" on the example ballot. This memo uses the terms "ballot question election" and "special election on a question" to refer to a local special election on a city -specific question. All of these terms mean an election, or vote, on a city -specific issue. Even A.G. Op. 484e-1 (Oct. 5, 2000). though this election may coincide with a statewide election, it is a separate or special election. One example of a ballot question is whether a city will issue licenses allowing local restaurants to sell liquor with meals on Sundays, sometimes called a "Sunday liquor" election. Most statutes giving local voters the power to vote on a ballot question Minn. stat. § 20S. 10, subd. 1. contain some additional information, from phrasing the question on the ballot to the number of votes required to pass the ballot question. As to Samuels v. city of phrasing, the Supreme Court noted judicial review is very deferential to Minneapolis, 964 N.W.2d the legislative judgments regarding the word and form choices made in 158 (Minn., 2021). fixing the language of a ballot question. A.G. Op. 159a-3 (May 24, Cities may spend a reasonable amount of money to educate voters on 1966). A.G. Op. 476-B-2 (Apr. 29, relevant facts relating to the ballot question. In putting out materials to 1954). educate the voters, the city cannot promote a certain outcome of the vote. A.G. Op. 442-A-20 (Jul. 10, 1952). This is because cities generally cannot expend public funds to support or oppose a ballot question. League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 5 COUNCIL MEMO Agenda Item # 9.1 Meeting Date: January 6, 2025 Agenda Section: Ordinances & Resolutions Item Description: RES/Declaring Vacancy on City Council and Establishing Process to Fill Vacancy Submitted By: Amy Oehlers, Assistant City Manager/City Clerk BACKGROUND INFORMATION Erik Skogquist was elected to the City's Mayoral position at the Municipal General Election held on November 5, 2024. Erik Skogquist previously served as a Councilmember with a term to expire December 31, 2026. According to the Anoka City Charter, Section 2.05, the City Council must adopt a resolution declaring the vacancy and forthwith appoint an eligible person to fill such vacancy until the next regular City election. Included in your packet is a Resolution Declaring the Vacancy and Establishing the Process to Fill the Vacancy. The resolution suggests: Notice to the public of the vacancy and process to apply to fill the vacant Council term until December 31, 2026 will be posted on the City website on January 7, 2025, published in the Anoka Union on January 10, 2026 and shared via the City's Reader Board and social media outlets. Qualified residents of the City of Anoka will be instructed to submit a Letter of Interest to the Anoka Assistant City Manager, Amy Oehlers, either by mail to 2015 First Ave, Anoka MN 55303, or via email to aoehlers(c_ci.anoka.mn.us . Letters of interest are due by 4:30 p.m. on January 16, 2025. Qualified residents that submitted a Letter of Interest according to the above process and deadline, will be contacted and invited to attend the January 21, 2025 City Council meeting, where individuals will be asked the following general set of questions formulated by the City Council. These questions will be provided to the candidates prior to the January 21, 2025 meeting: ■ Please introduce yourself to the City Council. ■ Why are you interested in being appointed to the City Council? ■ What is your vision for the future of the City of Anoka? ■ Are there any immediate goals you would like to implement? At the January 21, 2024 meeting, the Council will adopt a Resolution which appoints an individual to fill the vacant Council position, to a term expiring December 31, 2026. The appointed individual will immediately be administered the Oath and will take their seat at the Council dias. The packet also includes a letter that will be sent to the individuals that submit a Statement/Letter of Interest, which explains the process. FINANCIAL IMPACT N/A REQUESTED COUNCIL ACTION Hold discussion and adopt the resolution. REQUIRED VOTE Majority vote of Councilmembers present at the meeting. Page 143 of 161 AN REAL. CLASSIC. 2015 First Avenue, Anoka MN 55303 Phone: (763) 576-2700 Website: `vww.ci.anoka.mn.us CITY OF ANOKA, MINNESOTA RESOLUTION RES -2025 -XX A RESOLUTION DECLARING VACANCY AND ESTABLISHING THE PROCESS TO FILL VACANCY WHEREAS, Erik Skogquist was elected to the City's Mayoral position at the Municipal General Election held on November 5, 2024; and WHEREAS, Erik Skogquist previously served as a Councilmember with a term to expire December 31, 2026; and WHEREAS, according to the Anoka City Charter, Section 2.05, the City Council must adopt a resolution declaring the vacancy and forthwith appoint an eligible person to fill such vacancy until the next regular City election; and WHEREAS, this resolution declares the vacancy and establishes the process to fill said vacancy; 1. Notice to the public of the vacancy and process to apply to fill the vacant Council term until December 31, 2026 will be posted on the City website on January 7, 2025, published in the Anoka Union on January 10, 2026 and shared via the City's Reader Board and social media outlets. 2. Qualified residents of the City of Anoka will be instructed to submit a Letter of Interest to the Anoka Assistant City Manager, Amy Oehlers, either by mail to 2015 First Ave, Anoka MN 55303, or via email to aoehlers�ic ci.anoka.mn.us . Letters of interest are due by 4:30 p.m. on January 16, 2025. 3. Qualified residents that submitted a Letter of Interest according to the above process and deadline, will be contacted and invited to attend the January 21, 2025 City Council meeting, where individuals will be asked the following general set of questions formulated by the City Council. These questions will be provided to the candidates prior to the January 21, 2025 meeting: ■ Please introduce yourself to the City Council. ■ Why are you interested in being appointed to the City Council? ■ What is your vision for the future of the City of Anoka? ■ Are there any immediate goals you would like to implement? 4. At the January 21, 2024 meeting, the Council will adopt a Resolution which appoints an individual to fill the vacant Council position to a term expiring December 31, 2026. NOW, THEREFORE BE IT RESOLVED, that the Anoka City Council hereby declares the Council vacancy and establishes the process to fill said vacancy, as described above. Adopted by the Anoka City Council on January 6, 2025. ATTEST: Amy T. Oehlers, Assistant City Manager/City Clerk Erik Skogquist, Mayor Page 144 of 161 %Ak 2015 First Avenue, Anoka, MN 55303 Phone: (763) 576-2700 Website: www.anokaminnesota.com Thank you for submitting your Statement/Letter of Interest to be appointed to serve on the Anoka City Council to fill the vacant City Council seat. This vacant seat will have an expiration date of December 31, 2026. The Anoka City Council requests your attendance at the Tuesday, January 21, 2025 City Council meeting. At this meeting die City Council will conduct a short interview with each individual that submitted a Statement/Letter of Interest by asking the following questions: ■ Please introduce yourself to the City Council. ■ Why are you interested in being appointed to the City Council? ■ What is your vision for the future of the City of Anoka? ■ Are there any immediate goals you would like to implement? The City Council will then, at this same meeting, vote on appointing an individual to fill the vacancy. Once the appointment is made, an Oath of Office will be administered to the individual appointed and the individual will immediately take their seat at the Council dias and begin their service as an Anoka City Councilmember. If you have any questions related to this process please feel free to contact me aoehlers@ci.anoka.mn.us or 763-576-2712. Sincerely, Amy Oehlers Assistant City Manager/City Clerk Page 145 of 161 • F NDOVER;J . 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members U �y CC: Sarah Cotton, City Administrator 6N` FROM: David Berkowitz, Director of Public Works/City Engineer SUBJECT: Discuss Potential Eldorado Street Right of Way Vacation - Engineering DATE: January 28, 2025 INTRODUCTION This item is requested to be revisited from the October 22, 2024, City Council Workshop. Below is the background for discussion. In the summer of 2025, the streets in the Meadows of Round Lake are proposed to be reconstructed. There is an existing cul-de-sac on the south end of Eldorado Street included with this project. When platted, right of way was dedicated south of the cul de sac on Eldorado Street for the potential extension of Eldorado Street south to Bunker Lake Boulevard. The right of way ends at the south plat line, approximately 650' north of Bunker Lake Boulevard. Extension of Eldorado Street to Bunker Lake Boulevard is not feasible as the entire stretch south of the Meadows of Round Lake plat line is wetland and floodplain. There are two existing parcels adjacent to and south of the Eldorado Street cul-de-sac that separately appear to be unbuildable due to limited upland and floodplain impacts. DISCUSSION As future extension of Eldorado Street south of the plat line is not feasible, the City Council is requested to discuss the potential of vacating the existing right of way south of the reconstructed cul de sac location. Any vacated right of way would be dedicated to the existing parcels to the east and the west split along the right of way centerline. If vacated and the two parcels combined, there is sufficient upland for a buildable lot. Staff met with the property owners on January 17, 2025 and they are interested in pursuing one lot at the end of the cul-de-sac but wanted to feel more comfortable that the City Council would be in favor of this before they invest time and money into the evaluation and survey work. ACTION REQUIRED The City Council is requested to discuss supporting vacating a portion of Eldorado Street right of way and provide the property owner direction on how to proceed. Respectfully submitted, David D. Berkowitz, P. Attach: Location Map,--- ANPOVER Eldorado Street Date Created: October 15, 2024 Disclaimer.- The provider makes no representation or warranties with respect to the reuse of this data. C I T Y 0 F 70 NDOVE IFV - ^ (D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members v CC: Sarah Cotton, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Discuss Proposed Crosstown Boulevard NW Trail/Xeon Street NW to Prairie Road NW/23-12A — Engineering DATE: January 28, 2025 INTRODUCTION The City Council is requested to discuss the proposed Crosstown Boulevard NW Trail/Xeon Street to Prairie Road NW, Project 23-12A. "0 06181LIL 9101 Identified in Andover's 2025-2029 Capital Improvement Plan (CIP) is the construction of a trail segment along the south side of Crosstown Boulevard from Xeon Street to Prairie Road. Staff would like to discuss the cost of the project, specifically the pedestrian railroad crossing costs before we proceed with final design. Attached is the proposed layout and construction cost estimate for discussion. The CIP identifies a project budget of $800,000 to be funded from the Trail Fund. ACTION REQUIRED The City Council is requested to discuss the proposed Crosstown Boulevard NW Trail/Xeon Street to Prairie Road NW, Project 23-12A and direct staff on how to proceed. Respectfully submitted, C .-�.c, David D. Berkowitz, P. . Attachment: Project Layout and Construction Cost Estimat/ 5:30:17 AM x ° m Lh m r) x a j ®ON D Z i BNSF -------- co W \ l 1 H N 19 m D r J2 4v / \ c \ \ �t! \,\ �p`e_ in m 7 o S 19 m D r J2 4v / o ... r... F 6 �� � t\ \\\\ m: row N m N O N W, OD 'z V 1 T C� G• K n O ago n O A m 10 r+ c• O O O M� W O D pow 3� mq z x z � "Ivi4Y1 A O Z �t! W 7 o S m n §9 o x D ra ` m o ma=r m no o ... r... F 6 �� � t\ \\\\ m: row N m N O N W, OD 'z V 1 T C� G• K n O ago n O A m 10 r+ c• O O O M� W O D pow 3� mq z x z ENGINEER'S ESTIMATE CROSSTOWN BOULEVARD TRAIL (XEON STREET TO PRAIRIE ROAD) & RAILROAD MAZE CITY PROJECT 23-12A CITY OF ANDOVER, MN BMI PROJECT NO.OR1.132298 OM BOLTON & MENK Real People. Real Solutions. 9/19/2024 1 2021.501 MOBILIZATION (TRAIL) LUMP SUM 1 $12,000.00 $12,000.00 2 2021.501 MOBILIZATION (RAILROAD CROSSING) (2) LUMP SUM 1 $28,000.00 $28,000.00 3 2101.501 CLEARING & GRUBBING ACRE 0.1 $12,500.00 $1,250.00 3 2104.503 REMOVE FENCE LIN FT 90 $25.00 $2,250.00 4 2104.503 SAWING BITUMINOUS PAVEMENT (2) LIN FT 100 $4.00 $400.00 5 2104.504 REMOVE BITUMINOUS PAVEMENT(DRIVEWAY) SQYD 350 $12.00 $4,200.00 6 2104.504 REMOVE BITUMINOUS PAVEMENT (ROADWAY) (2) SQ YD 50 $12.00 $600.00 7 2106.507 EXCAVATION -COMMON IN CU YD 1050 $30.00 $31,500.00 8 2231.604 BITUMINOUS PATCH SPECIAL (TRAIL) (1) SQ YD 2425 $42.00 $101,850.00 9 2231.604 BITUMINOUS PATCH SPECIAL (DRIVEWAY) (1) SQ YD 350 $55.00 $19,250.00 10 2540.603 BITUMINOUS PATCH SPECIAL (ROADWAY) (1) (2) SQ YD 400 $80.00 $32,000.00 11 2118.507 AGGREGATE SURFACING (2) TON 60 $50.00 $3,000.00 11 2521.518 6" CONCRETE WALK (RR CROSSING) (1) SQ FT 1700 $15.00 $25,500.00 12 2521.518 6" CONCRETE WALK (PEDESTRIAN CURB RAMPS) (1) SQ FT 240 $15.00 $3,600.00 12 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 50 $25.00 $1,250.00 13 2531.618 TRUNCATED DOMES SQ FT 90 $65.00 $5,850.00 14 2540.603 RELOCATE RAILROAD HORNS (2) LUMP SUM 1 $150,000.00 $150,000.00 15 2540.603 RAILROAD CROSSING -PLANKING (2) LIN FT 72 $2,100.00 $151,200.00 16 2557.603 CHAIN LINK FENCE LIN FT 175 $180.00 $31,500.00 17 2563.601 TRAFFIC CONTROL (ROADWAY) (2) LUMP SUM 1 $25,000.00 $25,000.00 18 2563.601 TRAFFIC CONTROL (TRAIL) LUMP SUM 1 $25,000.00 $25,000.00 19 2573.502 STORM DRAIN INLET PROTECTION EACH 5 $150.00 $750.00 20 2573.503 SILT FENCE, TYPE MS LIN FT 2800 $2.25 $6,300.00 21 2573.503 SEDIMENTCONTROL LOG TYPE WOOD FIBER LIN FT 500 $2.25 $1,125.00 22 2574.507 COMMON TOPSOIL BORROW (LV) CU YD 400 $60.00 $24,000.00 23 2574.505 SOIL BED PREPARATION ACRE 2.00 $200.00 $400.00 24 2574.508 FERTILIZER TYPE 3 LB 600 $3.00 $1,800.00 25 2575.505 SEEDING ACRE 2.00 $3,000.00 $6,000.00 26 2575.508 HYDRAULIC BONDED FIBER MATRIX LB 7000 $1.50 $10,500.00 27 2575.508 SEED MIXTURE 25-121 LB 200 $10.00 $2,000.00 TOTAL ESTIMATED CONSTRUCTION COST: $708,075.00 10 % CONTIGENCY $70,807.50 ESTIMATED CONSTRUCTION TOTAL $778,882.50 RAILROAD CROSSING AMOUNT $498,355.00 REMAINING TRAIL AMOUNT $280,527.50 NOTES: (P) DENOTES PLAN QUANTITY (1) SUBGRADE PREPARATION AND AGGREGATE BASE IS INCIDENTAL (2) RAILROAD CROSSING ITEM - ROADWAY Engineer's Estimate 9/19/2024, 5:34 AM Bolton & Menk, Inc. Page 1 of 1 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 ( Sarah Cotton, City Administratora David D. Berkowitz, Director of Public Works/City Engineer Discuss MDH Lead and Copper Testing Requirements for the City's Municipal Water System — Engineering/Public Works January 28, 2025 INTRODUCTION The City Council is requested to discuss the MDH Lead and Copper Testing Requirements for the City's Municipal Water System. DISCUSSION With the conversion to biological treatment for the City's Municipal Water System this past year the Minnesota Department of Health (MDH) along with The Environmental Protection Agency requires the City to acquire 60 samples for Lead and Copper testing. The number of samples that are needed is based on population served by City water. This has been determined to be 60 samples for three testing periods. With no tests submitted that have any exceedances levels the City will be able to return to the regular sampling requirement for Lead and Copper of 30 samples one time every three years. The tests will need to be conducted in March, and again in a month determined by the MDH this fall, and again in March of 2026. The MDH approves the testing sites, and they must meet the criteria of home construction between 1983 to June of 1985. Other criteria are that there is no water softener or home treatment system, or a kitchen or bath faucet that is bypassed from these devices. With only 93 sites approved for sampling by the MDH, having residents participate will be a challenge. Like other cities staff proposes a $30 credit to be applied to residents' utility bill in return for the property owner agreeing to take the sample and return it to the City. Upon completion of testing residents would then receive the test results and the $30 credit. Attached is the draft letter that would be sent to the residents requesting participation. The first 60 that respond and meet the eligibility requirements would receive the credit upon completion of submitting the sample. ACTION REQUIRED The City Council is requested to discuss the MDH Lead and Copper Testing Requirements for the City's Municipal Water System and direct staff on how to proceed with the participation credit. Respectfully submitted, David D. Berkowitz, P.E. Attachment: Draft Letter C I T Y O F OVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV January X, 2025 <<Address13lock>> SUBJECT: City of Andover 2025 Water Sampling Participation Inquiry Dear Property Owner, The City of Andover is seeking tap water samples from home faucets. A $30 water credit will be ------------- applied to your water bill for the first 60 households that qualify and participate. Participation will be required in March of 2025, ??? of 2025, and March of 2026. The $30 credit would be applied each time you participate. For a total possible credit of $90. Qualifying criteria irieludes: ✓ No in-home filtering/treatme o Home has NO water so OR o Home has a cold -water [$)A two conditions must be met): ter treatment system or water filter in use does NOT receive in-home samples to the City of Andover by March to you (and other participating homes) from your kitchen or bathroom faucet front door and picked up by City of Andover staff of the sample after testing, as well as a $30 utility bill credit Purpose for the sampling and how to participate The sampling is necessaryto=meet requirements of the Environmental Protection Agency's Lead and Copper Rule Revisions (LCRR). If your home meets the criteria above and you would like to participate, please complete the form included on the back of this letter. If you have questions, please call the Utilities Division at 763-767-5180. Thank you in advance for your assistance with this sampling requirement. Sincerely, Steve Weinhold Public Works Utility Manager FORM FOR QUALIFYING HOUSEHOLDS TO PARTICIPATE IN SAMPLING To participate in tap water testing for the City of Andover, please complete the form below, then email a photo of this completed form to s.weinholdgandovermn.gov. 1. Do you use a water softener, home water treatment system, or faucet water filter in your home? Please mark yes or no. YES NO If YES, does your kitchen or bathroom cold w home system? Please mark yes or no. YES NO 2. Sampling will be conducted in early N to contact you to coordinate sampling: For Owners Opting Out of Samp If you do not want to participate in providing a signature and date. ❑ I do not Signature: Date: the water softener or in an email; actctress we can use by checking the box and 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers �✓ FROM: Sarah Cotton, City Administrator c4l� SUBJECT: Conduit Debt Policy Discussion DATE: January 28, 2025 INTRODUCTION The City Council is requested to review and consider a draft Conduit Debt Policy to guide the City's participation in future Private Activity Bond issuances. DISCUSSION Minnesota State Statute authorizes municipalities to issue tax-exempt bonds for the benefit of eligible projects, such as housing or long-term care facilities. These are known as "conduit debt" as the City acts as a conduit for the issuance, incurring no direct financial obligation. The City of Andover has a history of supporting community development through the issuance of conduit debt. Recent examples include the YMCA of the Greater Twin Cities and Presbyterian Homes projects. The city's current financial policies lack specific provisions related to the issuance of conduit debt. To enhance transparency and provide a consistent framework for future decisions, staff recommends the adoption of a formal policy. Staff has prepared a draft policy and procedure manual, in the form of an application. The policy outlines the procedures and guidelines for businesses and developers to apply for tax-exempt financing through the issuance of revenue bonds. As written, the City is to be reimbursed, and held harmless, for and from any out-of-pocket costs related to the actual or proposed issuance of conduit bonds. The policy provides for a nonrefundable application fee of $2,500. Additionally, a financing fee is recommended at 1/4th of a 1% (.25%) of the principal amount of the bonds. This rate recommendation is based on recent market trends from various neighboring communities and past City issuances. The financing fee is also included in the City's adopted fee schedule. It should be noted that the City will only consider qualified conduit debt financing as long as it does not interfere with the bank -qualification needs of the City when issuing its own bonds. City's are limited to issuing up to $10,000,000 of bank -qualified bonds each calendar year. Finally, the City Council reserves the right to deny any application for financing at any stage of the proceedings before adopting the final resolution authorizing the issuance of conduit debt. The City Council may waive any provision of the policy if it is determined that such waiver is in the best interest of the City. ACTION REQUESTED Staff is seeking Council direction on whether to proceed with the implementation of the attached draft Conduit Debt Policy. Respectfully submitted, 4a) � O&im Sarah Cotton Attachment(s): "Draft" Conduit Debt Policy - Procedure for Application for Private Activity Revenue Bond Financing PROCEDURE FOR APPLICATION TO CITY OF ANDOVER, MINNESOTA FOR Finance Manager City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 D FINANCING "uary4, 2025 Part I Part II Part III Part IV PartV PartVI PartVII PROCEDURE FOR APPLICATION TO THE CITY OF ANDOVER FOR PRIVATE ACTIVITY REVENUE BOND FINANCING Table of Contents General...................................................:.. ------------- Guidelines..................................................... Micrrallananiic Mnttnre Page ............................................1 ...................................... 2 _ d ....................... ,.................... 6 (Multi -Family Housing).,.,.,.,, ..............................................................9 Addendum to Application ...... ........ ..................................................12 Indemnification Letter of Agreement ............ ............................................13 ._. GENERAL Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.1651 (the "Industrial Development Act"), the City of Andover has authority to issue industrial, commercial, and health care revenue bonds or notes to attract or promote economically sound industry and commerce to the City. Under Minnesota Statutes, Chapter 462C (the "Housing Act") 'the City is authorized to issue housing revenue bonds to finance multi -family residential housing projects for low and moderate income persons and elderly persons. Proje11 cts must be consistent with a Housing Program as these terms are defined in the Housing Act. The Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax-exempt fi_nancing subject to these Guidelines. The Council considers tax-exempt financing to be a privilege, not a right. It is the judgment of the Council that tax _exerr encourage certain development that offers a k employment and housing opportunities. Itis t benefit to the City, both in writing and atAt understand that although approval may he financing for a similar projectors similardeb will be granted. Each a icatiow will be iud public purposes of the Housing Act orthe_I City at the time'the request forfinancing is b ndu financing is to be used on a selective basis to efit to the City as a whole, including significant applicant's responsibility to demonstrate the quired public hearing. The applicant should peen granted by the City for the issuance of acture, that is not a basis upon which approval )n the merits of the project as it relates to the ,trial Development Act and the benefit to the considered. PART I I GUIDELINES 1. The Council will consider tax-exempt financing for commercial, industrial, and health care projects under the Industrial Development Act and housing projects under the Housing Act. An applicant for tax-exempt financing pursuant to the Industrial Development Act must submit to the City the application contained in Part IV of these Guidelines. An applicant for tax-exempt financing, pursuant to the Housing Act, must submit to the City the application contained in Part V of these Guidelines. 2. Projects must be compatible with the overall development plans and objectives of the City and complywith the zoning and land use regulations of the City. 3. An application will not be considered by the Council until te11 ntative City Code findings have been made with respect to zoning, building plans, platting, streets, and utility services. The application must be accompanied by the addendum contained in Part VI of these Guidelines and must provide information as to the project's need for municipal services including, but not limited to, street improvements, water and sewer services, and police and fire protection. 4. The project must be a positive benefit to tI the City wishes to attract, or an existing bu within theCity, considering employer development, impact on City services; ar health care operations currently located significant housi 5. The applicant must se applicant in preparing financial adviser or-ur feasibility of the projec from a responsible fin feasible and viable and that an individual Ior nsl low City. The project must be of a nature that 1'ess which the City wishes to have expand it opportunities, incentive for further support for the industrial, commercial or the City. A housing project must provide moderate income persons or the elderly. pct a, qualified`' financial adviser or underwriter to assist the all necessary application documents and materials. The Jerwriter will submit a letter that establishes the financial Applications may, in the alternative, include a signed letter ncial institution indicating that the project is economically >tating that bonds can be successfully sold for the project or tution intends to purchase all of the bonds. The City will appoint bond counsel for the bond issue, which will normally be the City's regularly retained bond counsel. 7. Pursuant to the Industrial Development Act and the Housing Act, consideration of an application for tax-exempt financing must be done at a public hearing held by the Council. Modifications to the project after the public hearing and preliminary approval must be consistent with the scope of the project as proposed at the time of preliminary approval. The applicant must receive approval from the appropriate state agencies, secure financing, and commence construction within one year of the date of the resolution giving preliminary approval to the projector the housing program. Upon application, the Council may approve an extension of the preliminary approval. 8. The City shall be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax-exempt financing including, but not limited to, legal fees, financial analyst fees, bond counsel fees, the City staff's expenses in connection with the application, and any deposits or application fees required under state law in order to secure allocation of bonding authority. The applicant must execute a letter to the City undertaking to pay all such expenses. A form of the required letter is set forth as Part VII of these Guidelines. A non-refundable application fee in the amount of $2,500 must be included with the submission of the application. 9. Prior to closing and delivery of the bonds for the project, the applicant must pay an administrative fee in an amount equal to 1/4th of 1% (.25%) of the principal amount of the bonds. If the administrative fees required by this, paragraph`are in conflict with the provisions of the Internal Revenue Code related #o tax-exempt _bonds and the regulations promulgated thereunder, the City -may consider alternative payment arrangements for the administrative fees to ensure compliance with the Internal Revenue Code and regulations. 10. Applications forfinancing must be made on the forms att-dhed to these Guidelines. In addition, the,applicant must furnish_a descriptian,of the project, a plat plan, the elevation of proposed buildings, landscage, lighting, and site preparation, togetherwith a brief description of the applicant and the proposed financing in such form as required at the time of applica#ioa, 11. The Council may, in its sole :discretion, impose conditions exceeding those required u 11 nder the City building code with respect to exterior building materials, landscaping, signage,Lighting, and such other aspects as the Council may consider appropriate on a case-bv-case basis. 12. The Council may,,in its sole discretion, withdraw its preliminary approval of a project at any time if in itsjUdgment the purposes of the Act will not be served by going forward with the project and its financing. PART III MISCELLANEOUS MATTERS 1. Ratings. The City will give its most favorable consideration to proposed tax-exempt bond issues that have the same rating as the City's obligations by Moody's Investment Service or Standard & Poor's Corporation. Issues carrying lower ratings or non -rated issues may be sold only to institutional or other investors on a private placement basis and must be in denominations of at least $100,000. The Council may depart from this guideline when in its judgment the project is of atevel of merit and public purpose to justify the departure; and in case of such a departure, the Council must state its reasons therefor in the resolution awarding the sale of the bonds. 4. Issue by Another Political Subdivision. The City will consider requests for tax-exempt financing of projects in the City by other political subdivisions. In these cases, the non- refundable application fee, must be paid and all procedures through the approval of the preliminary resolution followed. No administrative fee is charged. 5. City Contact. Initial contacts about tax-exempt financing are made by contacting: Finance Manager City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 6. Deadlines. The Council conducts all tax-exempt financing matters at regularly scheduled Council meetings held on the first and third Tuesday of each month. Documents for Council consideration must be at the City office on the Monday preceding the Council meeting at which the matter is to be considered. 1 Q 3. C� PART IV APPLICATION FOR TAX-EXEMPT FINANCING (Commercial, Industrial or Health Care) sole n rship, etc.): NESS, PRINCIPAL PRODUCTS, ETC.: (Not required for refunding) Building Equipment Architectural, Engineering Costs of Issuance Capitalized Interest, including discount Other Total Financing Requested 5. 6. 7. BUSINESS PRO a. Is the bu C. d. e. (_% of project costs) Andover now? 8. NAMES OF: a. Underwriter (name and contact person): b. Corporate Counsel: C. Underwriter's Counsel: 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start: b. Construction completion: 10. Attachments: a. Project description: b. Draft application to Department c with necessary attachments C. Initial application fee d. Indemnification Letter of Agreem Signature Title de and Economic Development—together :a'ns nomisrepresentations, omissions or ation given is true and complete to the best the Procedure for Application to the City of g,and is aware of its content and agree to be anon letter. Date PART V APPLICATION FOR TAX-EXEMPT FINANCING APPLICANT: CONTACT PERSON: ADDRESS: TELEPHONE (_) PROJECT NAME: PROJ PROJECT INFORMATION (Multi -Family Housing) DATE OF APPLICATION: RENT Efficiency $ One Bedroom $ Two Bedroom $ Three Bedroom $ Parking (included in rent/ not included in rent) $ UNITS Laundry Utilities included in monthly rent: OPERATING EXPENSES % of Gross (Annual) TOTAL PROJECT COST: $ DEVELOPE DEBT SERVICE: $ *HARD CC LAND VALUE: $ SOFT COSTS: *(Hard Costs are all project costs the IRS has determin ANTICIPATED INTEREST RATES: AMORTIZA % -Year Amorti; If the project were conventio ally financed, what interest rate would you expect to pay % MPTION: DEPRECIATION METHOD: How many years do you plan to Years: hold the property before you sell? Type: years. At what percent,do you feel the value of the project Amount of Total Basis: $ will appreciate? EQUIPMENT: $ of project cost is for equipment (e.g., washers/dryers) ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE: Revenue: -% per year First Year: % Expenses: -% per year CONSTRUCTION SCHEDULE After First Year: Anticipated construction commencement date: Anticipated construction completion date: ADDITIONAL INFORMATION: I certify that the information provided above c concealments of material facts and that the infc of my knowledge. I have been furnished a copy Andover for Private Activity Revenue Bond Finan bound by its terms and the terms of the indemn �ntains no misrepresentations, omissions or rmation given is true and complete to the best of the Procedure for Application to the City of ing and is aware of its content and agree to be PART VI ADDENDUM TO APPLICATIONS The following items must be attached to each application: /e1»:I01I9]/:Ie1 A brief description of the organizational structure of Applicant, including parent -subsidiary and affiliate organizations (if the applicant is other than an individual). I'e1»=01101E�:3 Statement of Applicant's business history, inclu APPENDIX C The name, address, and telephone number of: 1. The Applicant's legal counsel 2. The Applicant's accountant 3. The architect of the proposed Project 4. The engineer of the proposed Project 5. The general contractor of the proposed F APPENDIX D 1. 2. 3. 4. 5. 19 of the propo Present zoning of the P needed for this project. The projected numberc force because of the Pr Other financing attemp Statement regarding w project does not'have tentative time schedulE APPENDIX E multi -family rental projects. d"Project site and Applicant's interest therein. and a "description of what city land use approvals are N employees to be added to the Applicant's permanent work t (for Commercial, Industrial, or Health Care only). >r available to the Project including any interim financing. er or not this project has all required city approvals. If the the required approvals, list the approvals still needed and a Indemnification Letter of Agreement. APPENDIX F Proforma Analysis of the Project PART VI I INDEMNIFICATION LETTER OFAGREEMENT The Mayor of the City of Andover and Members of the City Council City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Application of for Tax Exe Andover Dear Mayor and Members of the City Council,: This letter of agreement is given by of Minnesota ("Applicant") as required by the City c consideration of an application for tax-exempt described in the application. Applicant agrees as Bond Financing by the City of under the laws Minnesota in connection with its bond financing for the project 1. Applicant agrees to payor reimburse the,City for any and all costs and expenses which the City may incur in connection with its -consideration of the project and the granting of --------------- tax-exempt revenue bond financing therefor, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the State of Minnesota, whether or not revenue bond financing is finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection with the City's consideration, issuance or sale ............... of the bonds for Applicant's project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements executed by the City in connection with the issuance of its bonds for this project. 3. Applicant hereby releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with: the City's consideration of the application for industrial development revenue bond financing for Applicant's project; the failure of the City, in its discretion, to issue tax-exempt revenue bonds forApplicant's project; the issuance and sale of the bonds; the construction of the project; or any other matter or thing of any type or nature whatsoever which may arise in connection with the foregoing. 4. Applicant is aware of the City's application and administrative fee structure for tax- exempt financing and agrees and covenants that all such fees will be paid in the amount and at the times required. Dated: (Applicant)