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HomeMy WebLinkAboutCC - April 7, 2015Regular City Council Meeting — Tuesday, April 7, 2015 Call to Order — 7:00 p.m. Pledge of Allegiance Fire Department Presentation of Badges Proclamation — Pollinators Resident Forum Agenda Approval 1. Approval of Minutes (2/24/15 Workshop; 3/17/15 Regular; 3/24/15 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution Authorizing Speed Limit/Martin Street NW — Engineering 4. Approve Resolution Authorizing Speed Limit/Jay Street NW — Engineering 5. Approve Resolution Authorizing Speed Limit /168d' Lane NW — Engineering 6. Approve Resolution Authorizing No Parking /Andover Recycling Center Driveway — E7agi.neeri.ng 7. Award Bid/15 -2, 2015 Street Overlays & 15 -8, 2015 Curb, Sidewalk & Pedestrian Ramp Repairs — Q Engineering 8. Approve Request for Proposal/15 -22 /City Campus Expansion Master Plan — Engineering 9. Approve Used Vehicle Sales Business License/Ben Auto LLC /3138 -162 "d Lane — Administration 10. Approve Application for Exempt Permit /Andover Lions Club — Administration 11. Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest — Administration 12. Approve Appointment — Utilities Maintenance Worker - Administration 13. Approve 2016 Budget Development Guidelines — Administration 14. Approve Application for Exempt Permit /Anoka County Pheasants Forever — Administration Discussion Items 15. Public Hearing - Vacation of Easement — 17271 and 17261 Partridge Street NW — Robideau/Casassa - Planning 16. Consider Classifying Dangerous Dog/1326 -161" Avenue NW —Administration Staff Items 17. Schedule April EDA Meeting — Administration 18. Schedule May EDA Meeting — Administration 19. Schedule April City Council Workshop — Administration 20. Adnunistrator's Report — Administration Mayon /Council Input Adjournment E k C I T Y 0 F �.. .. N D 0 VYE REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 7, 2015 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, April 7, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Dave Carlberg Fire Chief, Jerry Streich City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE FIRE DEPARTMENT PRESENTATION OF BADGES Fire Chief Streich and Mayor Trude presented eight new Fire Fighters (Kari Crump, Ryan Hallberg, Ryan Marinello, Jerod Nelson, Pat Nugent, Ernie Scherger, Brock Smith -Hill and Ken Williams) with their badges. The Council welcomed and thanked the new fire fighters for their volunteerism. PROCLAMATION — POLLINATORS Mayor Trude read the Proclamation to proclaim Andover as a "Bee -Safe City ". RESIDENT FORUM Ms. Gretchen Sabel made a presentation to the City Council on why and how the public needs to protect the pollinator species in our community. AGENDA APPROVAL 0 There were no changes. Regular Andover City Council Meeting Minutes —April 7, 2015 Page 2 Motion by Knight, Seconded by Holthus, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES February 24, 2015, Workshop Meeting: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. March 17, 2015, Regular Meeting: Correct as amended. Mayor Trude requested a correction on page three, line 21, the word "interested" should be "interest ". Motion by Bukkila, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. © March 24, 2015, Workshop Meeting: Tabled. Mayor Trude requested a correction on page two, she would like to have the City Engineer add clarification about the issues with the wayside horn blowing excessively because it was not real clear in the minutes. Councilmember Bukkila requested this item be tabled for corrections and brought back for approval. Motion by Bukkila, Seconded by Knight, to table the minutes for additional corrections which will be submitted by staff. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolution Authorizing Speed Limit/Martin Street NW (See Resolution R029 -15) Item 4 Approve Resolution Authorizing Speed Limit/Jay Street NW (See Resolution R030 -15) Item 5 Approve Resolution Authorizing Speed Limit/168t` Lane NW (See Resolution R031- 15) Item 6 Approve Resolution Authorizing No Parking/Andover Recycling Center Driveway (See Resolution R032 -15) © Item 7 Award Bid /15 -2, 2015 Street Overlays & 15 -8, 2015 Curb, Sidewalk & Pedestrian Ramp Repairs (See Resolution R033 -15) Item 8 Approve Request for Proposal /15 -22 /City Campus Expansion Master Plan ® Regular Andover City Council Meeting Minutes —April 7, 2015 Page 3 Item 9 Approve Used Vehicle Sales Business License /Ben Auto LLC /3138 —162 °a Lane Item 10 Approve Application for Exempt Permit/Andover Lions Club Item 11 Approve Temporary 3.2% Malt Liquor License /Andover Lions/Fun Fest Item 12 Approve Appointment - Utilities Maintenance Worker Item 13 Approve 2016 Budget Development Guidelines Item 14 Approve Application for Exempt Permit/Anoka County Pheasants Forever Motion by Goodrich, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING — VACATION OF EASEMENT — 17271 AND 17261 PARTRIDGE STREET NW Mr. Carlberg explained Scott & Melanie Robideau and Anthony and Jill Casassa are seeking to vacate drainage and utility easements over, under, and across parts of Lots 7 and 8, Block 8, Woodland Meadows along the shared lot line located at 17271 and 17261 Partridge Street NW. Mr. Carlberg reviewed the information with the Council. © Motion by Knight, Seconded by Holthus, to open the public hearing at 7:26 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Holthus, Seconded by Knight, to close the public hearing at 7:27 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to approve resolution R034 -15, Vacation of Easement, 17271 and 17261 Partridge Street NW. Motion carried unanimously. Councilmember Holthus commended both property owners on the improvements they made to their properties. Mayor Trude thanked the residents for working through an issue peacefully and diligently. CONSIDER CLASSIFYING DANGEROUS DOG11326 —161 ST AVENUE NW Mr. Dickinson reviewed the history of this item with the Council: © The chronology dates to April of 2009 when based on an incident the City Classified a German Shepherd named Sophie owned by Mr. James Lashinski as a "potentially dangerous" dog. Mr. Dickinson referenced a 2011 incident where the same dog was suspected of being at large, but not verified. © Regular Andover City Council Meeting Minutes —April 7, 2015 Page 4 In August of 2014 Sophie was running at large and was contained in a resident's garage. Mr. Lashinski was notified and took custody of his dog. In November of 2014 a German Shepherd was involved in a dog attack, the City sent a letter to Mr. Lashinski to license his dog but the City could not verify that his dog was involved. In December of 2014 a Deputy made contact with Mr. Lashinski about a December 24, 2014 attack on A Mini Golden Doodle, again Mr. Lashinski denied it was his dog. On March 11, 2015 a police report verified that a German Shepherd caused significant injury to another dog. It was verified that the German Shepherd was "Sophie" and owned by James Lashinski at 1326 -161" Avenue. Mr. Dickinson noted in his opinion, it appears that the owner of the dog is not taking reasonable attempts to properly control /restraint a "potentially dangerous dog" and based on the March 11, 2015 incident has requested a "dangerous dog" declaration. He noted the Council has to determine whether the dog needs to be removed from the City or euthanized. The Council also has the option to declare the dog dangerous" and require abatement. © City Attorney Baumgartner reviewed the City Code and State Statute regarding dangerous dogs. Motion by Knight, Seconded by Bukkila, to open the public hearing at 7:45 p.m. Motion carried unanimously. Ms. Sue Bester, 2313 161"Avenue NW, reviewed the attack on their dog by the German Shepherd. The incident occurred while Mr. Lashinski was pumping their septic. His dog attacked her dog, she separated the dogs. When she told Mr. Lashinski, he said her dog must have provoked his dog. Mr. Lashinski took his dog and left, leaving his tools. She then called the Sheriff's Office. She indicated the owner later did not acknowledge the attack at all, even to the Deputy. Mayor Trude asked if Ms. Bester would like to see the Council find the dog as a dangerous dog and did she have any recommendations as a resident. Ms. Bester stated the dog is very vicious and dangerous and needs to be put down. City Attorney Baumgartner asked who Ms. Bester was talking about when she referred to him and he. Ms. Bester stated she was referring to Mr. Lashinski. Mayor Trude thought Mr. Lashinski offered to pay the vet bill at that time but told the Deputy it was not his dog and she wondered if there has been any attempt by Mr. Lashinski to pay her vet bills. © Ms. Bester stated Mr. Lashinski's comment on the day it happened was that he would take care of it and to send him the vet bill but when she called his company they did not know about this and they never heard from Mr. Lashinski, but his son called her husband and said he was sorry and would take care of all of the bills. She stated the Lashinski family has paid over seven thousand dollars in vet © Regular Andover City Council Meeting Minutes —April 7, 2015 Page 5 bills. City Attorney Baumgartner asked if Mr. Lashinski returned after leaving. Ms. Bester stated he returned and finished pumping their septic tank like nothing happened. City Attorney Baumgartner asked if he returned before or after the Deputy was there. Ms. Bester stated it was after they came. She stated the Deputy talked to him on the phone and Mr. Lashinski indicated to the Deputy he would be back to get his equipment but she did not talk to him at all when he returned. Mayor Trude stated the issue before them is Mr. Lashinski already had the "potentially dangerous" dog letter and still he brought the dog to the Bester's home. The dog has also been known to run the neighborhood. She wondered what Ms. Bester's opinion was of Mr. Lashinski as a dog owner. Ms. Bester stated he was irresponsible to know there is a history there and he had warnings previously and still brought the dog with him to his job sites. Councilmember Bukkila asked if Ms. Bester had a neighborhood relationship with Mr. Lashinski and does he come over other than to pump their septic tank. Ms. Bester stated they hired him about three years ago and that was the first time they ever had anything to do with him. There is no other relationship with Mr. Lashinski. © Mr. Dan Bester, 2313 161" Avenue NW, stated their dog has free floating rib particles inside of her that they do not know if it will be a problem or not. He stated a neighbor of Mr. Lashinski told his wife's mother that when he goes into his backyard he has to take a baseball bat with him. He stated there have been other incidents with dogs that he has heard about. He indicated Mr. Lashinski should not have this dog. Ms. Brittany Ritter, 15950 Avocet Street NW, stated their dog was the one that was attacked in November 2014. She showed photos to the Council. Ms. Ritter stated they have an invisible fence and one night they heard their dog, went outside, and Sophie had pinned their dog so their dog had to go to the vet. She needed surgery that night and she was pretty beat up. There was a lot of tissue damage. Their dog is a 25 pound Cocker Spaniel. She stated they moved into the neighborhood a year ago and had heard from neighbors about Sophie. They see her roaming free a lot and what scares her is they live on a cul -de -sac and there are a lot of kids running around and she is afraid a child will get injured from the dog. Mayor Trude asked if Ms. Ritter saw this dog as a dangerous dog to their dog and family. Ms. Ritter agreed. She stated they see the dog at least once a week in the summer and less in the winter. She stated right when they moved in, Sophie would sit at their door and in their garage and the neighbors said a dog used to live there that she played with it and she did not think a lot of it until their dog was attacked. Mayor Trude noted when the Deputy went to talk to Mr. Lashinski, he denied Sophie biting the Ritter's dog. She asked if there was reason to believe the dog attack was made by another dog. Ms. Regular Andover City Council Meeting Minutes —April 7, 2015 Page 6 Ritter stated most of the other dogs are small like theirs and there are not any other German Shepherds in their neighborhood except Sophie. Mr. Christopher Grandell, 15920 Avocet Street NW, stated his dog was attacked on December 24, 2014 and is about 27 pounds. He reviewed what happened, he saw "Sophie" come around his garage and then Sophie attacked his dog. Mayor Trude asked in Mr. Grandell's opinion, if the Council declared the dog a dangerous dog and told the owner they need to keep the dog in a fenced in area, would he trust those measures to protect his family and animals. Mr. Grandell stated he would not and thought it was pretty clear based on what has been said that this dog owner is not responsible for the dog and does not care. Mayor Trude asked if Mr. Grandell would be concerned for his children's safety if the dog was in their yard or approached them. Mr. Grandell indicated he would be concerned. City Attorney Baumgartner asked what time the attack was. Mr. Grandell thought it was about 10:30 p.m. The kids were being put to bed and they were letting their dog out for the night. Ms. Rita Wheeler, 15930 Avocet Street NW, stated they have had two separate incidents with Sophie. The first was June 2013 where Sophie attacked their dog. Mayor Trude indicated the City did not have a record of that incident. Ms. Wheeler indicated the Sheriff s Department was contacted and their dog was quarantined for seven days to make sure it had not gotten rabies. The second incident in August of 2014 occurred when they were getting ready for bed and she needed to go out to the garage to get something so she went out and heard something under the car. She told her husband who went out to the garage and found Sophie was in the garage with the door shut. They called the Sheriff s Department again. The Deputy came out and contacted the owner who came out and picked up the dog and left without talking to them. Councilmember Holthus asked when the second incident was. Mr. Dickinson stated that would have been August 10, 2014 which is listed in the staff report. Ms. Wheeler stated her dog is a 15 pound Shih Tzu. Mayor Trude asked if there are any kids in their house. Ms. Wheeler stated they have two children. Mayor Trude asked if Ms. Wheeler considered this dog a dangerous dog. Ms. Wheeler stated she did and she is worried the next time it might end up being a child that is attacked. © Mayor Trude asked if the Council was to ask the owner to kennel the dog and microchip did Ms. Wheeler feel the owner would comply. Ms. Wheeler did not think so. She stated they have been trying to do something to stop this. Regular Andover City Council Meeting Minutes —April 7, 2015 Page 7 City Attorney Baumgartner asked if Ms. Wheeler knew who the dog was for the first attack. Ms. Wheeler indicated she did not. City Attorney Baumgartner asked if it was the same dog that was in their garage as the one that attacked their dog. Ms. Wheeler stated it was absolutely the same dog. She stated the Sheriff's Department also knew it was Sophie because of the history. She stated she did not want the dog killed but if it is going to stop another attack then maybe it should be. She stated the owner needs to take some responsibility for the dog and there is nothing but a lack of respect for other people's property or families. Mayor Trade thanked for Ms. Wheeler for coming and talking because the June incident was not recorded. Motion by Bukkila, Seconded by Knight, to close the public hearing at 8:19 p.m. Motion carried unanimously. Councilmember Holthus asked if two motions needed to be acted on. Mayor Trade stated there are two different motions. The first motion they need to look at is to classify the dog as a dangerous dog. The next one is if they want to do anything with abatement. © Councilmember Goodrich stated he thought there was more than enough evidence to declare the dog a dangerous dog. Mayor Trade asked to have the incident of June 2013 added to the resolution. Motion by Bukkila, Seconded by Goodrich, to approve resolution R035 -15, declaring the German Shepherd, Sophie a dangerous dog and amending the resolution to include the June 2013 attack date. Motion carried unanimously. Mayor Trade stated now the question before them is if they want to go the next step. She is very concerned about the dog going on service calls with the owner throughout the County. When she looked at the City Code, it states the Council has several options when considering abatement. They can order a dog to be put down or they could remove it from the City within 48 hours. She stated she has seen dogs having to be removed from the City for various reasons and they are usually ones that are a nuisance and not dangerous. She stated she has never seen a dog terrorize a neighborhood like this and did not think the dog should be moved to another city where it can continue to terrorize. Mayor Trade asked the City Attorney if the resolution before them just simply states abatement and does not tell them what the action would be. She asked would the Council want to have a discussion about if the dog has terrorized the community enough already and do they want to order the dog to be destroyed and do they have that option. City Attorney Baumgartner stated they have three potential actions before them. The first action is the declaration of a dangerous dog. He reviewed the requirements of that and stated the Council did take that option. He then stated how with the abatement procedure there are options A and B. Regular Andover City Council Meeting Minutes —April 7, 2015 Page 8 Option A is to put the dog down and Option B would be to have the dog removed from the City. Mayor Trude stated she would like discussion from the Councilmembers regarding this. Councilmember Knight stated if they have the dog removed from the City, Mr. Lashinski can just then give the dog to someone else, which is very different than destroying the dog. City Attorney Baumgartner stated the dangerous dog designation follows the dog and any community the dog moves into the owner has an obligation under the law to notify that community of the presence of a dangerous dog. Anyone who takes responsibility for that dog would have the same requirements of a dangerous dog designation. Councilmember Holthus asked if the owner has a history of complying with the expectations of the responsibility of having a dog. She felt it was the Council's responsibility to keep their community safe and she did not see how they can keep their residents safe with this dangerous dog. Councilmember Goodrich concurred and felt they needed to put the dog down as soon as possible. Motion by Bukkila, Seconded by Goodrich, to require abatement with the destruction of the dog amending the resolution to include the June 2013 attack. Motion carried unanimously. (See Q Resolution R036 -15) SCHEDULE APRIL EDA MEETING Mr. Dickinson stated the Council is requested to schedule an Economic Development Authority (EDA) meeting. Motion by Goodrich, Seconded by Knight, to schedule an EDA meeting on April 21, 2015 at 6:00 p.m. Motion carried unanimously. SCHEDULE MAY EDA MEETING Mr. Dickinson stated the Council is requested to schedule an Economic Development Authority (EDA) meeting. Motion by Knight, Seconded by Bukkila, to schedule an EDA meeting on May 19, 2015 at 6:00 p.m. Motion carried unanimously. SCHEDULE APRIL CITY COUNCIL WORKSHOP MEETING Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed in the staff report. The Council discussed the draft agenda and available dates. Regular Andover City Council Meeting Minutes —April 7, 2015 Page 9 Motion by Bukkila, Seconded by Knight, to schedule a Workshop Meeting on April 28, 2015, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders /community events. MAYOR/COUNCIL INPUT (Community Center Advisory Commission) Mayor Trude wondered if the Council wanted to advertise for the Community Center Advisory Commission indicating Mr. Bert Kohler from the Planning Commission may be willing to serve on it. Councilmember Bukkila thought they needed to post the position to be fair. Councilmember Goodrich agreed. Mayor Trude thought they should add this to the next newsletter. The Council agreed. (Parade of Homes in Andover) Mayor Trude stated she toured the Parade of Homes and they were all very nice. (Fire Fighter Academy) Councilmember Bukkila stated the Andover Fire Department has a new posting for firefighters that would attend the Academy that is ready to go in June. (Andover Fun Fest Volunteers) Councilmember Bukkila stated Andover Family Fun Fest is looking for volunteers for the kids run and running the bingo tent. (Anoka County Elected Officials Gathering) Mayor Trude stated they have an Anoka County Elected Officials opportunity to gather the end of April. This will be held at Bunker Hills Activity Center on April 29, 2015. ADJOURNMENT Motion by Holthus, Seconded by Goodrich, to adjourn. Motion carried unanimously. The meeting adjourned at 8:52 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary CSI Regular Andover City Council Meeting Minutes April 7, 2015 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —APRIL 7, 2015 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE ............................... 1 .......................................................................... FIRE DEPARTMENT PRESENTATION OF BADGES ............................... ............................... 1 PROCLAMATION— POLLINATORS ........................................................... ............................... 1 RESIDENTFORUM ............................... 1 ....................................................................................... AGENDAAPPROVAL ............................... 1 ................................................................................... APPROVALOF MINUTES ............................... 2 ............................................................................ CONSENTITEMS ............................... 2 .......................................................................................... Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Resolution Authorizing Speed Limit/Martin Street NW(R- 029- 15) ............. 2 Item 4 Approve Resolution Authorizing Speed Limit/Jay Street NW(R030- 15) .................... 2 Item 5 Approve Resolution Authorizing Speed Limit/168d' Lane NW(R031- 15) ................... 2 Item 6 Approve Resolution Authorizing No Parking/Andover Recycling Center Driveway(R032 -15) ............................................................................. ............................... 2 Item 7 Award Bid /15 -2, 2015 Street Overlays & 15 -8, 2015 Curb, Sidewalk & Pedestrian RampRepairs( R033- 15) ..................................................................... ............................... 2 Item 8 Approve Request for Proposal /15 -22 /City Campus Expansion Master Plan ............... 2 Item 9 Approve Used Vehicle Sales Business License/Ben Auto LLC /3138 —162nd Lane .... 3 Item 10 Approve Application for Exempt Permit/Andover Lions Club ..... ............................... 3 Item 11 Approve Temporary 3.2% Malt Liquor License /Andover Lions /Fun Fest ................... 3 Item 12 Approve Appointment- Utilities Maintenance Worker .................. ............................... 3 Item 13 Approve 2016 Budget Development Guidelines ........................... ............................... 3 Item 14 Approve Application for Exempt Permit/Anoka County Pheasants Forever ............... 3 PUBLIC HEARING — VACATION OF EASEMENT —17271 AND 17261 PARTRIDGE STREETNW( R034- 15) .............................................................................. ............................... 3 CONSIDER CLASSIFYING DANGEROUS DOG/1326 —161sT AVENUE NW(R035 -15 & R036- 15) ...................................................................................................... ............................... 3 SCHEDULEAPRIL EDA MEETING ............................................................ ............................... 8 SCHEDULEMAY EDA MEETING .............................................................. ............................... 8 SCHEDULE APRIL CITY COUNCIL WORKSHOP .................................... ............................... 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 (Community Center Advisory Commission) ............................................... ............................... 9 (Parade of Homes in Andover) .................................................................... ............................... 9 (Fire Fighter Academy) ................................................................................ ............................... 9 (Andover Fun Fest Volunteers) .................................................................... ............................... 9 (Anoka County Elected Officials Gathering) ............................................... ............................... 10 ADJOURNMENT........................................................................................ ............................... 9