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HomeMy WebLinkAboutCC - May 3, 201611 NDOWROT T Y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 3, 2016 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Arbor Month Resident Forum Agenda Approval 1. Approval of Minutes (4/14/16 Special; 4/18/16 Board of Review; 4/19/16 Regular) Consent Items 2. Approve Payment of Claims — Finance . 3. Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements/ - Engineering 4. Approve Hold Harmless & Easement Encroachment Agreement/1432 — 141" Lane NW- Engineering 5. Accept Drainage and Utility Easement — Country Oaks North — SW Land, LLC —Planning 6. Accept Drainage and Utility Easement — 15847 and 15873 Linnet Street NW — Planning 7. Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2°d Addition — ® Mark Smith - Planning 8. Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program — Engineering 9. Accept Retirement Streets Maintenance Worker —Administration 10. Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOME Programs — Administration 11. Declare Surplus Equipment — Finance 12. Authorize RFP-Agent/Broker of Record City's Employee Benefits Program Administration Discussion Items 13. Public Hearing — Vacation of Drainage and Utility Easement — 1189 162°d Ave NW — Anthony Peterson - Planning 14. Public Hearing — Vacation of Vehicle Maintenance Access Easement — Country Oaks North — SW Land, LLC—Planning 15. Consider Classifying Dangerous Dog/2045-142°d Lane —Administration Staff Items 16. Administrator's Report —Administration Mayor/Council Input Adjournment 0 n ND OVE: REGULAR ANDOVER CITY COUNCIL MEETING — MAY 3, 2016 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, May 3, 2016, 7:03 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 City Attorney Scott Baumgartner Others © PLEDGE OFALLEGIANCE PROCLAMATION—ARBOR MONTH Mayor Trude read the proclamation naming May, Arbor month in the City of Andover. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were supplemental materials submitted for item agenda #15, Consider Classifying Dangerous Dog. Motion by Holthus, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES April 14, 2016, Special Meeting: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — May 3, 2016 Page 2 April 18, 2016, Board of Review: Correct as written. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried 4 ayes, 1 present (Trude). April 19, 2016, Regular: Correct as written. Motion by Goodrich, Seconded by Bukkila, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements (See Resolution R044-16) Item 4 Approve Hold Harmless & Easement Encroachment Agreement/1432-141St Lane NW Item 5 Accept Drainage and Utility Easement — Country Oaks North -SW Land, LLC Item 6 Accept Drainage and Utility Easement — 15847 and 15873 Linnet Street NW Item 7 Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2"d Addition — Mark Smith Item 8 Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program (See Ordinance 461) Item 9 Accept Retirement Streets Maintenance Worker Item 10 Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOME Programs Item 11 Declare Surplus Equipment Item 12 Authorize RFP-Agent/Broker of Record City's Employee Benefits Program Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING — VACTION OF DRAINAGE AND UTILITY EASEMENT —1189162ND AVE NW — ANTHONY PETERSON Mr. Carlberg explained the property owner is seeking to vacate five (5) feet of the existing rear yard drainage and utility easement across parts of his residential lot located within the Country Oaks West development. The property owner is requesting the vacation of easement to increase the usable area in the rear 10 yard for the installation of fencing and concrete patio area for an in -ground pool that will be constructed this spring. There is an existing 10 foot rear yard drainage and utility easement. This met the Andover © Regular Andover City Council Meeting Minutes — May 3, 2016 Page 3 City Code requirement at the time the subdivision was platted. In January 2013, City Code 11 - 1 General Subdivision Provisions was amended to require a five (5) foot rear yard drainage and utility easement. Therefore, the requested vacation of easement will comply with the current regulations in City Code. Engineering staff reviewed the request and find the request acceptable. The Council is asked to hold a public hearing and consider the proposed vacation of drainage and utility easement. Motion by Bukkila, Seconded by Goodrich, to open the public hearing at 7:12 p.m. Motion carried unanimously. There was no public comment. Motion by Holthus, Seconded by Bukkila, to close the public hearing at 7:13 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Knight, to approve vacation of easement. Motion carried unanimously. (See Resolution R045-16) PUBLIC HEARING — VACATION OF VEHICLE MAINTENANCE A CCESS EASEMENT — COUNTRY OAKS NORTH— SW LAND, LLC Mr. Carlberg explained SW Land, LLC is seeking to vacate a Vehicle Maintenance Access (VMA) easement over, under, and across a portion of Lot 13, Block 2, Country Oaks North. The original Country Oaks North plat Lot 13, Block 2 has a twenty (20) foot VMA. As part of the grading plan for Country Oaks North 2nd Addition, the developer also revised the grading plan for Country Oaks North. The revised grading plan provides a combined storm water pond for both developments. It was determined that a ten (10) foot VMA for Lot 13, Block 2, Country Oaks North and a ten (10) foot VMA for the lot directly to the north, located within the Country Oaks North 2nd Addition will meet the access requirements. As part of the platting process of Country Oaks North 2nd Addition, the developer will be required to dedicate a ten (10) foot VMA for this particular lot. The Engineering Department has reviewed and approved the revised grading plan. The Council is asked to hold a public hearing and consider the proposed vacation of vehicle maintenance access easement. Motion by Knight, Seconded by Holthus, to open the public hearing at 7:15 p.m. Motion carried © unanimously. There was no public comment. Regular Andover City Council Meeting Minutes — May 3, 2016 Page 4 Motion by Bukkila, Seconded by Knight, to close the public hearing at 7:16 p.m. Motion carried unanimously. Motion by Bukkila, Seconded by Goodrich, to approve the vacation of vehicle maintenance access easement. Motion carried unanimously. (See Resolution R046-16) CONSIDER CLASSIFYING DANGEROUS DOG12045-142'VD LANE Mr. Dickinson stated the City Council is asked to consider adopting a resolution declaring a Rottweiler, Chloe, a dangerous dog and provide direction on whether a hearing should be scheduled to declare the dog a "nuisance" and also consider the option to require abatement of the dog. Mr. Dickinson stated in his opinion, it appears that the owner of the dog is not making reasonable attempts to properly controt/restrain a "potentially dangerous dog" and based on the April 24, 2016 incident administration has requested, at a minimum, a "dangerous dog" declaration that would require the dog owner to comply with the dangerous dog provisions be done. By declaring the dog "dangerous," if the dog is removed from the City, the dog must be registered as a © dangerous dog in its new jurisdiction. If the Council concurs with wanting to consider the dog a "nuisance", a public hearing could be scheduled for the May 17`h City Council Meeting. The history of complaints against the dog and its owners was reviewed, by date. Mr. Dickinson stated Ms. Langmade had been informed of the time and place of this Council meeting where the dangerous dog matter would be discussed. The nuisance and dangerous dog issues were raised due to concerns for the safety of both humans and animals in the neighborhood. Mr. Dickinson reviewed the staff report with the Council, identifying 17 points of contact. Mayor Trude recounted there were 3 incidents of injury when the dog was off of the property and 8 incidents where the police were called. And there seems to be evidence that the dog is displaying more aggressive behavior. Once in the classification, of "potentially dangerous," the burden is on the owner to keep the dog properly controlled and restrained on one's property. Mayor Trude referenced the written testimony in the packet and the supplemental materials added this evening. Mr. Dickinson stated his opinion is that the dog should be declared a dangerous dog due to the fact that the dog's behavior is escalating. Due to timing, Mayor Trude stated the proper notification couldn't happen in time for a nuisance hearing, so the code would require that the nuisance matter be considered at the next Council meeting. © Councilmember Knight asked if the dog had ever bitten a human. Mr. Dickinson replied the dog had bitten another dog. © Regular Andover City Council Meeting Minutes — May 3, 2016 Page 5 Mayor Trude noted the dog had knocked a child down in the street. Mr. Dickinson stated that incident meets the criteria for public safety. Councilmember Holthus asked if all of the aggressive acts happened in the street. Mr. Dickinson confirmed that was the case and the incidents did not occur on the owners property. Councilmember Goodrich stated there is a voluminous record of irresponsible dog ownership. Mayor Trude stated the Council considered a matter regarding a German Shepherd in January, and that the Council was unanimous about not wanting dogs in the City that would cause harm to residents or animals. Councilmember Bukkila expressed her view that the action needed to be taken was clear and that the Council should go ahead and schedule the second hearing regarding nuisance for the next City Council meeting. Motion by Bukkila, Seconded by Goodrich, to move forward to consider declaring the dog a nuisance in the community at a public hearing in two weeks. Motion carried unanimously. Mr. © Dickinson will provide the proper notice. Councilmember Knight inquired if the residents in the neighborhood where the dog resides will be notified of the hearing. Mr. Dickinson stated it is not in the code, but that could be done. Ryan Van Slooten, 2117 142nd Lane, stated he filed the most recent complaint on the 24`h of April. He recounted when walking out front of the resident's house, and on the other side of the street to keep the distance between them and the dog, Chloe got lose, again. He stated the owner says that it is never their fault, but it occurs because the dog is not properly restrained, due to the fact that it is a large, strong dog. He continued by saying that Chloe jumped on the back of his dog and was more aggressive than ever before. He indicated he had to use his foot in the dog's face to get the dog to back off so that the owner could remove it. He testified in the past the owner had an electric fence that never worked. The dog used to stop at the edge of the yard when the owner or even the neighbor would tell it to stop, but she has gotten progressively more aggressive. He stated Chloe has aggressively charged his dog 3 times. He indicated the first two incidences were quick, but now he cannot get the dog to stop. If the owner had gotten hurt in the attempt to stop the dog, Mr. Van Slooten stated he was not confident that he could have stopped the dog from harming his dog or himself. Mayor Trude asked Mr. Van Slooten if he saw this dog as a dangerous dog. He replied, "yes." Mayor Trude then asked if the owner could control the dog on their property, as required. Mr. Van Slooten replied the dog has left its property several times. He continued by saying the dog © does not listen when you yell at her to go back to its yard. Chloe responds with a very low guttural growl. ® Regular Andover City Council Meeting Minutes — May 3, 2016 Page 6 Councilmember Holthus asked how old his daughters are. Mr. Van Slooten replied they are 8 and 5 years old. Mr. Van Slooten also stated there are a lot of younger children in the neighborhood. Mayor Trude inquired if their neighborhood was near a park. Mr. Van Slooten indicated children go past the home to go to the park. Mr. Dickinson stated he had visited the area and would attest that there are a lot of kids in the area. Councilmember Knight asked if the dog was current on rabies shots. Mr. Dickinson responded that to be licensed, the owner must show the tags. Wade Young, of 2126 142nd Lane, stated that he has seen Chloe % of a mile away from the owner's property. Mr. Young stated he walks by the bus stop every day and took his handgun with him because the dog is scary. He continued by stating he just did not know if this time would be the time that Chloe would get aggressive and scary and adults and children do not want to walk by there. He © believes it should not take 17 points of contact to make a decision about this dog and compared it to what would be done if it was a wild bear. He continued by stating it was not the dogs fault and that the Council would have to make the decision for the owner. Mayor Trude asked Mr. Young if the dog had been seen off of the property since last September. Mr. Young replied he has seen her off the property at least 3 times. His daughter has seen the dog elsewhere. He said it would not take much for his daughter to be injured by the dog and that he doesn't want to wait until after something happens to do something. Mayor Trude acknowledged the letters that had been received by residents and the police reports that were included in the meeting materials. Mayor Trude asked if the dog's owner was present, she noted the dog's owner was not present at the meeting. Motion by Goodrich, Seconded by Knight, approving the resolution to declare Chloe, the Rottweiler, a dangerous dog. Motion carried unanimously. (See Resolution R047-16) Councilmember Bukkila indicated residents should let the Sheriff s Office do their work if they see Chloe unrestrained. Mayor Trude asked for additional direction by the City Attorney. Mr. Dickinson stated the dog will have to be in a proper enclosure and he believed that the current City Code was adequate. Councilmember Bukkila reminded residents that if they see a violation, then they should call the Sheriff s Office and the dog would be impounded. Regular Andover City Council Meeting Minutes — May 3, 2016 Page 7 City Attorney Baumgartner recommended taking a photo of the violation, if they felt it was safe to do so. Mr. Dickinson indicated the notification of the meeting would be delivered to the owner's door by a Community Service Officer from the Sheriff s Office. The notification also will be sent via certified mail so it can be signed for and a phone call will be made to the residence to make sure the owner understands the provisions. He continued by saying they have made attempts, in multiple letters, to share the City Code and the reasons and the basis for the decision that was brought before the Council this evening. Councilmember Holthus inquired as to what would happen if the owner removes the dog from the City before the hearing occurs. Mr. Baumgartner stated if the dog is put down, it would need to be verified by a veterinarian's clinic. By State law, the City has the right to know where the dog was moved to and would need verification. Councilmember Goodrich inquired if the hearing would still be held if the dog was out of the © City. Mr. Baumgartner stated verification would still need to occur if the dog has been put down or was located in another city, and in addition, that city would need to be notified. The decision could be made at that hearing, that if the dog were to be returned to the City, the City could abate. Mayor Trude stated it is not uncommon in these situations to have retaliation or threats made. If that occurs, Mr. Dickinson stated the residents should please call 911 and request dispatch. If it is not an emergency, residents can call City Hall and ask for Mr. Dickinson or Ms. Hartner. Residents can also email Mr. Dickinson as his email address is posted on the City's website. Mayor Trude stated residents have the right to feel safe in their homes and enjoy the outdoors. Councilmember Goodrich indicated the residents should not hesitate calling the Sheriff s Office. Mr. Baumgartner stated if they call 911 it would be helpful to state that the dog has been declared a dangerous dog. Mayor Trude indicated if the dispatchers know that information, they could send someone with additional training to respond. 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. (Legislative Update) Mr. Dickinson updated the Council on the proposed Met Council Regular Andover. City Council Meeting Minutes — May 3, 2016 Page 8 governance reform bills. This legislation is still in committee with the House and Senate bills still being different from one another. The proposed legislation regarding Drop Houses, temporary structures for the care or caregiver of an individual, now has a provision where the cities would have the ability to opt out. Mr. Dickinson expressed a preference for cities to opt in. Councilmembers expressed various viewpoints on the topic. On the matter of tax increment financing, this does not affect TIF districts the City has because they are pre -1990 districts, so it is not much of an impact, and the City work can continue on our redevelopment plans. Franchise fees are also being discussed in the legislature, such as gas, electric, and utilities, with a percentage of the bill being turned over to cities. The matter goes to transparency. The City of Andover does not have franchise fees. Using a franchise fee to fund city staff is what is seen as the problem. It was originally intended for use with something in the right-of-way. The funding in the bonding bill to remove the hazardous waste pit at the WDE Site is not listed in the Senate bonding bill. Mr. Dickinson has been sending out emails to representatives requesting that it be included in the House bill, and is working specifically with Representative Scott. She has identified the clean-up of the WDE site as very important. The funding request is simply to remove the hazardous waste pit, that is just a small part of the 122 acre site, only 2-3 acres for $12M. (Financial) Mr. Dickinson updated the Council on the audit. There will be a presentation at the next meeting. He reported that the City got a clean report. QCTV also received a clean audit report. Budgeting and CIP work has begun. (Recycling Day) Mr. Dickinson reported that 10,000 pounds of paper was shredded, 250 tires were disposed of, 5 tons of electronic equipment was recycled along with fluorescent bulbs, mattresses and more. Councilmember Goodrich asked if Mr. Dickinson had talked to Senator Abler about the hazardous waste pit. Mr. Dickinson responded he had sent communication as well as to others. He inquired who citizens could call if they are concerned. Mr. Dickinson replied residents could contact Gretta Gauthier, Legislative Director with the Pollution Control Agency via phone at 651-757-2031. MAYORICOUNCIL INPUT (Groundbreaking) Councilmember Bukkila stated she had attended the ground breaking ceremony at the ReMax property. She commented it will be a beautiful building. (City -Wide Garage Sale) Councilmember Bukkila reminded residents the City -Wide garage sale is coming up May 12th —14th. Residents should be mindful of the traffic and keep their garages closed if they are not having a sale for safety. Maps will be available at City Hall. (Ribbon -Cutting) Mayor Trude mentioned the ribbon cutting for Rose Park earlier that evening. There are now 2 new baseball fields for younger children, along with a playground, and bigger Regular Andover City Council Meeting Minutes — May 3, 2016 Page 9 parking lot. (National Water Challenge) Mayor Trude stated Andover was still number 1 when she checked last. When the challenged ended, the website changed and the cities will be notified if they are a winning city in each population category. Mayor Trude praised the Andover High School students who really advocated for this effort. (Minnesota Mayors Conference) At the conference there was discussion about the success of the Minnesota economy. The reasons given were related to the Fortune 500 companies and the variety of industry in Minnesota. (Heart Safe Communities) Mayor Trude reported that on April 27`h 78 people were trained in AED use. All of the Councilmembers have now attended a program. The Lions Club will be sponsoring a booth at the Family Fun Fest as well. The effort has to reach 5% of the population to be considered a Heart Safe Community. ADJOURNMENT Motion by Holthus, Seconded by Goodrich, to adjourn. Motion carried unanimously. The meeting adjourned at 8:08 p.m. Respectfully submitted, Marlene White, Recording Secretary lJ Regular Andover City Council Meeting Minutes — May 3, 2016 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MAY 3, 2016 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 PROCLAMATION — ARBOR MONTH........................................................................................ 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve Plans & Specs/Order Advertisement for Bids/16-13/Crosstown Blvd. NW Trail Improvements(R044-16)..................................................................................... 2 Item 4 Approve Hold Harmless & Easement Encroachment Agreement/1432-1415` Lane NW ...................................................................................................................................... 2 Item 5 Accept Drainage and Utility Easement — Country Oaks North -SW Land, LLC .......... 2 Item 6 Accept Drainage and Utility Easement — 15847 and 15873 Linnet Street NW............ 2 Item 7 Accept Trail Easement and Vehicle Maintenance Access Easement — Hickory Meadows 2nd Addition — Mark Smith........................................................................... 2 Item 8 Approve Amended Diseased Tree Ordinance and Ordinance Summary, Diseased Tree Removal/Sanitation Enforcement Policy & Emerald Ash Borer Management Plan/Program (Ord. 461).............................................................................................. 2 Item 9 Accept Retirement Streets Maintenance Worker......................................................... 2 Item 10 Approve 2017-2019 Urban County Requalification for Participation in CDBG & HOMEPrograms............................................................................................................... 2 Item 11 Declare Surplus Equipment........................................................................................... 2 Item 12 Authorize RFP-Agent/Broker of Record City's Employee Benefits Program .............. 2 PUBLIC HEARING — VACATION OF DRAINAGE AND UTILITY EASEMENT — 1189 162ND AVE NW — ANTHONY PETERSON(R045-16)........................................................... 2 PUBLIC HEARING — VACATION OF VEHICLE MAINTENANCE ACCESS EASEMENT — COUNTRY OAKS NORTH — SW LAND, LLC(R046-16)..................................................... 3 CONSIDER CLASSIFYING DANGEROUS DOG/2045-142ND LANE (R047-16) ..................... 4 ADMINISTRATOR'S REPORT.................................................................................................... 7 MAYOR/COUNCIL INPUT.......................................................................................................... 8 (Groundbreaking)........................................................................................................................ 8 (City -Wide Garage Sale)............................................................................................................. 8 (Ribbon-Cutting)......................................................................................................................... 8 (National Water Challenge)........................................................................................................ 9 (Heart Safe Communities).......................................................................................................... 9 ADJOURNMENT........................................................................................................................... 9 LTJ