HomeMy WebLinkAboutCC October 7, 2008
~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, October 7, 2008
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (9/16/08 Regular Meeting, 9/23/08 Workshop)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Autistic Child Signs - Engineering
4. Receive Assessment Rol1/W aive Public Hearing/Adopt Assessment Roll/07 -3 7 AlMetropolitan Mosquito
Control- Engineering
5. Declare Surplus Equipment - Public Works
6. Approve Declaration & Agreement/06-32/Twin Rivers Auto Sales - Engineering
7. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2008 Delinquent Utility Service
0 Charges, Mowing Fees and False Alarm Fines - Finance
8. Receive Assessment Roll/Order Public Hearing/2008 Overlays (08-2A, Northglen Area & 08-2B, Grow
Oak View Estates) - Engineering
9. Approve License for Use of Digital Ortho and Oblique Aerial Photographs - Administration
Discussion Items
10. Special Presentation - St. Francis School District - ISD #15
11. Declare Dangerous Dog - Administration
12. Appoint Election Judges for General Election - Administration
Staff Items
13. Reschedule November 4, 2008 Council Meeting - Administration
14. Administrator's Report - Administration
Mayor/Council Input
Closed Session - Public Works Union Contract Negotiations
Adjournment
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C I T Y o F @
NDOVE
0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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TO: Mayor and City Council \....
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Cler
SUBJECT: Approval of Minutes
DATE: October 7, 2008
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
September 16, 2008 Regular Meeting
0 September 23,2008 Council Workshop
DISCUSSION
The minutes are attached for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Mic elle Hartner
Deputy City Clerk
Attach: Minutes
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6 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 16, 2008
7 MINUTES
8
9
10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
11 Gamache, September 16,2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
12 NW, Andover, Minnesota.
13
14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
15 Councilmember absent: None
16 Also present: City Attorney Scott Baumgartner
17 Director of Public Works/City Engineer, Dave Berkowitz
18 City Administrator, Jim Dickinson
19 Community Development Director, Will Neumeister
20 Others
21
22
O;~ PLEDGE OF ALLEGIANCE
25
26 RESIDENT FORUM
27
28 Mr. Carol Abbott - 2917 1220d Avenue NE, wanted to thank Councilmember Orttel for his 30th
29 Anniversary on the Council.
30
31 Mr. Winslow Holasek - asked if he could comment on an item on the agenda. Mayor Gamache
32 indicated that would be fine.
33
34
35 AGENDA APPROVAL
36
37 Add Item (Girl Scouts Certificate of Appreciation).
38
39 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
40 carried unanimously.
41
42
43 GIRL SCOUTS CERTIFICATES OF APPRECIATION
44
~~ Mayor Gamache introduced and recognized two Girl Scouts, Kaitlin Staper and Andrea Thorson for
achieving the Gold A ward Achievement. Mayor Gamache presented them with certificates of
47 appreciation.
48
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 2
1
2 APPROVAL OF MINUTES
3
4 August 26, 2008, Workshop Meeting: Correct as amended.
5
6 Councilmember Trude indicated on page two, line 21 the word should be "proposed". On line 38
7 there was discussion about Ham Lake increasing their patrol officers and the sentence should read
8 ". . . so officers working for the Andover contract are not covering them excessively".
9
10 Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 4
11 ayes, 1 present (Jacobson).
12
13 September 2, 2008, Regular Meeting: Correct as amended.
14
15 Councilmember Trude stated on page 4, line 22, Mr. Dickinson was speaking and the sentence
16 should read: ".. .not received the desired response back :from the County".
17
18 Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried
019 unanimously.
20
21
22 CONSENT ITEMS
23
24 Item 2 Approval of Claims
25 Item 3 Declare Cost/Order Assessment Roll/2008 Overlays (08-2A, Northglen Area &
26 08-2B, Grow Oak View Estates) (See Resolution R070-08)
27 Item 4 Declare Cost/Order Assessment Roll/07-37A/Metropolitan Mosquito Control (See
28 Resolution R071-08)
29 Item 5 Approve Hold Harmless & Easement Encroachment Agreement/16191 Crane
30 Street NW
31 Item 6 Adopt New 2008-2009 Council Goals
32 Item 7 Accept 2007-2008 Council Goals Progress Repot
33 Item 8 Accept Contribution! Andover Huskies Youth Hockey Association! Andover
34 YMCA Community Center (See Resolution R072-08)
35
36 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
37 unanimously.
38
39
O~ RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
42 Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement
43 activities occurring within Andover.
44
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 3
1 Councilmember Jacobson asked for a review of the assignment at the Republican National
2 Convention in St. Paul. Captain Wells reviewed his part in the peacekeeping activity with the
3 CounciL
4
5
6 DISCUSS ACCESS REQUEST/ANDOVER CLOCKTOWER COMMONS/08-20
7
8 Mr. Berkowitz explained the City Council has been requested by the owners of Andover Clocktower
9 Commons to discuss their request for additional access to the development :from Crosstown
10 Boulevard NW.
11
12 Councilmember Trude stated she talked to the City Attorney on this and asked for him to explain
13 what was discussed.
14
15 City Attorney Baumgartner stated they discussed Section 13-3-10 dealing with revisions and
16 amendments to a PUD. In looking at the language it does talk about the administrative approval of
17 incidental changes to a PUD. That portion of the Code goes on further to identify such
18 administrative approval shall not substantially alter the character of the approved PUD and shall be
O;~ limited to landscaping, color scheme, association documents, fencing, entrance monuments and
decks. Based upon what is being sought as far as access and his interpretation of the language, he
21 would agree that it is something more significant than an incidental change. The language is pretty
22 clear in the Code identifying what is to be an incidental change and he did not believe that an access
23 of this magnitude would affect this PUD as contemplated as being an incidental change. Based upon
24 that he would agree that they would have to go back through the full PUD process as an amendment.
25
26 Councilmember Trude stated as she looked at this and all that has transpired it was hard to decide
27 where to go with it. She thought there was a lot of conflict on what should be built and thought they
28 should focus on just the legal process. During that time period sort out these other things. When she
29 read the letter :from the applicant and compared it to sta.:Efs reports, the history on the project with
30 new history, some of that is still getting sorted out and maybe going through that process will get
31 more of that sorted out. She did not think she had all the information she would need if she had to
32 make a decision on this at this time.
33
34 Councilmember Orttel agreed that it should go to an amended PUD process. He thought they should
35 take into account the details in the materials prepared for the meeting. He thought to do just one side
36 of the intersection would not be right. They have to consider that there will be a use someday of the
37 property across the road that should probably match up with this area somewhere and has to be taken
38 into account so they do not have accesses that conflict.
39
O~ Councilmember Trude thought this was what she talked to staff about and there were still some
things to sort out. She stated she was still upset about the speed limit on that road with all the kids
42 crossing. She thought if they were going to look at a lot of business traffic coming in maybe this will
43 be the full intersection and Bluebird won't be. There is a lot to look at but she wondered if they
44 should dump it all on this developer. She thought they needed more information and have this sent
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 4
1 through to the Planning Commission.
2
3 Councilmember Orttel thought they would have the owners of this property apply for the amended
4 special use permit on the basis of their own needs and requirements. During the public hearing
5 process, properties in the area would come in and bring their case. They are close enough to know
6 that they will need some type of access that would regulate the traffic. He did not think it was their
7 duty to plat the other side.
8
9 Councilmember Jacobson agreed with the City Attorney that it should goback for an amended PUD
10 because when they look at the PUD that was approved it says in that area "potential future
11 improvements", it does not show a driveway or a road. He thought the discussion back then was if
12 they wanted to put something in they would have to go and talk to the County and that never
13 occurred so what they have is the plan that was approved. Not showing any access there so if they
14 wanted to put the improvement in that would be a major change which would require a public
15 hearing going through the amended PUD process. He thought Councilmember Orttel was also
16 correct that the property across the street is zoned properly right now for some business in the future
17 but if the intersection goes in they need to make sure it lines up with whatever the needs are across
18 the street.
019 Councilmember Knight stated they will need to look at something going in across the street in the
20
21 future and he did not know how they could look at this without taking that into consideration while
22 planning this out.
23
24 Mr. Neumeister stated the underlying zoning on the parcel to the south is zoned residential but it is
25 guided for commercial in the Comprehensive Plan so it is not currently zoned for commercial.
26
27 Mr. Tom Roberts, 6484 Pinnacle Drive, Eden Prairie, partner and owner of the shopping center,
28 made a presentation to the CounciL He introduced all of the shop owners and his two partners to the
29 CounciL He discussed the possible lowering of the speed limit on Crosstown Boulevard along with
30 the proposed access to the development.
31
32 Councilmember Trude asked if they were seeking full access to the development because previously
33 it was right-in/right-out access. Mr. Roberts stated they are looking for full access and agreed it
34 should go back through the Planning Commission for review.
35
36 Councilmember Orttel stated as far as he was concerned and all the documentation he had there was
37 not an agreement on a right-in/right-out. There was an agreement not to allow that and that is where
38 they are starting :from on the PUD. He stated they will have to fmd out how they can justify an
39 access within 200 feet of an existing intersection. He stated they need to still maintain their
d~ relationship with Anoka County and if they were to do this the County would not like it. He
wondered why they want to have another access into the development.
42
43 Mr. Roberts stated he would recommend the Council read the Spack Traffic Study to find answers to
44 their questions because he is not a traffic engineer.
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 5
1
2 The Council and City Staff discussed with Mr. Roberts traffic concerns with an additional access
3 into the development.
4
5 Councilmember Jacobson wondered why they are coming forward to them with this request. Mr.
6 Roberts thought it was a combination of new businesses coming in and needing better access to get
7 better business. He noted people want convenient access to businesses.
8
9 Councilmember Jacobson thought the consensus of the Council was to bring this back to the
10 Planning Commission for review and go through the process to make sure this is right.
11
12 Mr. Winslow Holasek stated there has been some recent activity on his site where it mayor may not
13 develop. He stated they definitely need an access off Crosstown for his parcel because they do not
14 want traffic coming out onto a residential street and good access is necessary for a business to be
15 viable. Whether these should be directly across from one another or staggered he did not know but
16 to him it made a lot of sense to have them directly across. If this were developed now then part of
17 the problem would be eliminated where the entrance to the new development would be. He thought
18 any business that came into the city was a benefit because it produces a larger tax base then
019 residential so it is a good idea to always have good access for businesses. He did not see any
20 problem with an access where it is proposed. He stated they would be cutting down the traffic on
21 Bluebird Street if there was direct access to the shopping area.
22
23 Mayor Gamache asked if Mr. Holasek would be ok with an access going in now into this
24 development and then access to his parcel be done at a later time. Mr. Holasek stated he would be in
25 favor of this.
26
27 Councilmember Trude stated when they were talking about a three quarter access, how the traffic
28 flow would work. Mayor Gamache asked how a three quarter intersection would work on both sides.
29 Mr. Berkowitz explained what a three quarter access is.
30
31 Councilmember Knight asked if there were any plans to upgrade Bluebird onto to Crosstown. Mr.
32 Berkowitz stated Bluebird is a public street and at this point there are no improvements planned.
33
34 Mayor Gamache stated when the speed study was done what area was studied. Mr. Berkowitz stated
35 the study included Hanson Boulevard to Bluebird Street to see how that intersection would affect
36 traffic flow. Mayor Gamache stated on the other side of Hanson Boulevard they have a different
37 speed zone, what are the possibilities of between Bluebird and Crosstown Boulevard finding
38 something that indicates they can reduce speed so that people can prepare to stop at a signal light that
39 is upcoming. Mr. Berkowitz stated typically in cases of a stoplight ahead they have a sign indicating
040 that. Mr. Berkowitz also noted that on the west side of Hanson Boulevard that is a school zone.
141
42 The businesses owners thanked Mr. Holasek for his opinion and help on this matter.
43
44 Mr. Tom Washion, Clocktower Wine and Spirits, thought by putting an intersection on both sides is
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 6
1 more appealing for potential businesses to come into that area. He thought this would also bring
2 business in closer to Hanson and Crosstown. He did not think a right-in/right-out would work and
3 three quarters at a minimum would be better.
4
5 Ms. Hailey Rider, 9201 Garland Lane, Maple Grove, Working Manager of Great Clips, stated a lot of
6 her clients have asked if they are going to put in an access there. She thought if this were to be
7 approved and put into place it would definitely benefit all of their businesses. She stated people do
8 not know a lot of the businesses are there because the access is not close by.
9
10 Councilmember Orttel thought the monument sign approved in the pun would help because it
11 would list all the businesses names. He thought this was supposed to be displayed awhile ago.
12
13 Mr. Jeff Smith, 2813 Silver Lane, St. Anthony, the new owner ofMcDonalds for the past two weeks
14 stated he did not know if traffic is bad or not but they are busier than he thought they would be. He
15 stated he actually closed a McDonalds in Champlin because of traffic issues. He stated a lot people
16 do not know McDonalds is there. He noted the 50MPH hurts them also because traffic goes by so
17 fast.
18
Q19 Mayor Gamache thought any additional access would be better for business and indicated staff would
20 work on this to bring it to the Planning Commission for revision review.
21
22
23 DISCUSS ACCESSORYffEMPORARY STRUCTURE DEFINITIONS AND CODE
24
25 The Council's discussion on August 19,2008 related to the temporary classrooms for the church
26 located at 16045 Nightingale brought up questions about how the code is currently worded and if it
27 should be reviewed. Staff was directed to look into how the code is currently written and offer
28 language that may be added to the code to make it clearer how temporary/portable classroom
29 facilities are regulated.
30
31 City Attorney Baumgartner reviewed the changes he would like made to the definition and code.
32 He suggested'the language in the Code be written a little differently "a structure not permanently
33 erected on a site "without a foundation" other than a living unit that is used for emergency
34 purposes; 6f used on a construction site for offices and equipment storage during construction of
35 a permanent structure; or used as portable classrooms or offices". He thought by rewording it in
36 such a way they identify portable classrooms or offices as temporary structures in and of
37 themselves regardless whether or not there is an emergency purpose attached to it. He thought it
38 cleared the language up and made it clearer to the reader. He thought the changes made by staff
39 do tighten this up.
d~ Councilmember Orttel asked if they are adding portable classrooms to the definition of
42 temporary structures. City Attorney Baumgartner stated that was correct. Councilmember Orttel
43 asked if the language "portable classrooms" was not in the wording before. City Attorney
44 Baumgartner indicated it was not. Councilmember Orttel wondered how they are regulating
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 7
1 them. Councilmember Trude thought the definition needed to clearly apply to that.
2
3 Councilmember Orttel stated he was concerned that portable classrooms were being considered
4 temporary structures when in reality they are not. He wondered if the State Code referred to
5 them in this manner. Mr. Neumeister stated the way they dealt with this was that churches are
6 conditional uses so anytime they needed a temporary building they had to come through a CUP
7 process. There is hardly any language in the City's current temporary structure definitions or in
8 the language on the last two pages of the report that referred to a portable classroom. They feel it
9 is important to bring some of this into the Code. They also added a section on the last page of
10 the report that brings in temporary buildings such as this as a Conditional Use so there is not a
11 loophole for the schools to be exempt.
12
13 Councilmember Orttel wondered if there is something in the State Code that refers to portable
14 classrooms and the regulation of them. Councilmember Trude stated she was involved with
15 parents looking at this within the School District and what she understood was quite often the
16 State Fire Marshall was regulating them. Councilmember Ortte1 thought they may be putting too
17 many regulations on these things when they are regulated elsewhere.
18
019 Councilmember Knight agreed and stated when the schools get the buildings they are made
20 specifically for children in th~ classroom and that is not necessarily true of other temporary
21 classrooms. Councilmember Jacobson agreed with Councilmember Orttel and thought a school
22 was a school. Councilmember Trude stated she has dealt with these in other cities and the rooms
23 are built more like a modular home and only last twenty years or so before they need to be
24 replaced.
25
26 Councilmember Orttel stated his concern is that they would have a situation where in the future
27 the Council will not allow schools classrooms because they would rather have a new school built
28 or added onto and they would have that ability with this. He did not think this was proper and
29 safety wise they are covered by the Risk Management people at the School District, the Fire
30 Department and the City and probably by other codes that apply. Councilmember Trude stated if
31 they do not have something in place and they start getting these buildings second hand it
32 becomes a health safety issue.
33
34 Councilmember Jacobson asked if Councilmember Orttel was suggesting that if it is a portable
35 for use in a school situation that they should allow that without anything. Councilmember Orttel
36 thought it should require a building permit and subsequent review by the Fire Marshall.
37
38 Councilmember Jacobson asked if a school came in and indicated they were putting in a portable
39 classroom but it was not being used as such, it would be for office staff and lounge, would that
d~ be allowed. Mr. Neumeister stated it would not because the City Attorney added the words "or
offices" in the definition because he foresaw that was a question they would have.
42 Councilmember Jacobson stated on page five, even if they had a temporary structure at the
43 school, they would have to get rid of them at the end or eight years or unless approved by the
44 City to continue to use them, but what criteria would they use for doing that.
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 8
1
2 Councilmember Trude thought it would be helpful to have some reports :from people who
3 manufacture these to see what the useful life is and talk to some building officials in neighboring
4 cities. Councilmember Jacobson did not think they gained anything by this verbiage and what
5 changes they have :from the last time they discussed this. City Attorney Baumgartner thought
6 they did gain something because the language they had did not identify a temporary structure as
7 being a portable classroom at all and regardless of how they want to address this, whether they
8 see it as something more than a temporary structure on a construction site or whether they see it
9 as some type of accessory structure he thought at least this language does further their
10 understanding by at least identifying a portable classroom whereas before it was not even
11 addressed. He thought the problem where it came in was the structure was not really identified at
12 all. He thought it was at least important to acknowledge and identify what a portable classroom
13 is or they will be back in the same situation again.
14
15 Councilmember Jacobson stated his concern is that they have temporary structures that are really
16 not temporary but permanent for twenty or thirty years. If they are temporary, they should be
17 temporary. He did not think they gained anything by changing the language.
18
~~ Councilmember Trude asked if staff could do more research on these to find out how long the
temporary structures are meant to last.
21
22 Councilmember Orttel stated he was concerned by the language regulating the School District
23 ability to operate. He did not think it was the City's position to regulate this for the School
24 District.
25
26 The Council discussed with City Staff and the City Attorney regulations and safety inspections
27 regarding the temporary structures along with regulating churches versus schools.
28
29 Councilmember Orttel thought if there is no defInition in the State Building Code but if they are
30 an accessory use to a primary building or location, a church school should have the same
31 treatment as a public school. He did not believe the City has the authority to regulate what
32 School Districts can do.
33
34 Councilmember Jacobson thought they could have the structures inspected by the Fire
35 Department and Building Department either every year or every other year on a continuing basis
36 to make sure they are suitable and meet all the codes. He thought they should direct staff to take
37 a look at this and come back with some new language incorporating the inspections and what
38 they are going to be looking for and the suggestion on the definition by the City Attorney is ok.
39 He thought staff needed to look at the issue on page 5, under Item E adding "Building
d~ Department" after Fire Department.
42 Mayor Gamache asked if they are going to come back with the same basic Code that will still
43 include schools. City Attorney Baumgartner thought the first item they should do is identify
44 what a portable classroom is and :from the discussion it seems that how it is described, it is more
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 9
1 of an accessory structure as opposed to a temporary structure being a secondary use. If looking at
2 the defInition of accessory structure it seems that what they have been discussing and identifying
3 the portable classroom is a use that is subordinate to in serving the main structure whether it is a
4 church or school. It seems to more clearly fit an accessory structure type defInition. Having said
5 that the rest of the code itself, in talking about accessory buildings only identifies garages so in
6 order to identify a portable classroom as an accessory structure there would have to be another
7 portion written into the code that specifically identifies a portable classroom as an accessory
8 structure. Yet dealing with that separate and distinctively :from how they deal with an accessory
9 structure such as a garage. They would have to build something into the Code that targets the
10 portable classroom as an accessory structure and what type of permit or inspection process and it
11 would have its own separate section within the Code and for clarity sake that might be the way to
12 do it.
13
14 Councilmember Trude indicated she would still like to get some information :from the
15 manufacturers of these buildings to see if it conforms to building code. She did not know if their
16 design and materials would meet the City's requirements for an accessory structure.
17
18 Councilmember Trude wondered if they would have any length of time for the structures to be on
019 the property. The Council discussed what would be an adequate amount of time for the
20 structures along with health and safety issues.
21
22
23 APPROVE BOND SALE - $630,000 G.O. EQUIPMENT CERTIFICATES, SERIES 2008A
24
25 The Andover City Council is requested to approve the sale of $630,000 General Obligation
26 Equipment Certificates, Series 2008A to provide financing for equipment purchases that were
27 approved as part of the 2008 City of Andover Operating Budget and 2008-2012 Capital
28 Improvement (CIP) Process.
29
30 Motion by Knight, Seconded by Jacobson, to approve the attached Resolution providing for the
31 Issuance and Sale of$630,000 General Obligation Equipment Certificates, Series 200A and levying
32 a Tax for the Payment Thereof. Motion carried unanimously. (RES. R073-08)
33
34
35 SCHEDULE EDA MEETING
36
37 The Council is requested to schedule an EDA meeting at 6:00 p.m. before the October 7,2008 City
38 Council meeting.
39
o:~ Motion by Trude, Seconded by Jacobson, schedule an EDA meeting on October 7,2008 at 6:00 p.m.
Motion carried unanimously.
42
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 10
1
2 SCHEDULE OCTOBER COUNCIL WORKSHOP
3
4 The Council is requested to schedule a Special Council Workshop for the month of October for a
5 number of miscellaneous business items.
6
7 Motion by Jacobson, Seconded by Trude, to schedule a Special Council Workshop for the month of
8 October on Tuesday, October 28, 2005 at 6:00 p.m. Motion carried unanimously.
9
10
11 ADMINISTRATOR REPORT
12
13 City Administrator Dickinson updated the Council on the administration and city department
14 activities, meeting reminders, and CIP projects.
15
16 Motion by Jacobson, Seconded by Knight to move the Truth in Taxation Hearing :from
17 Wednesday, December 10,2008 to Monday, December 8, 2008. Motion carried unanimously.
18
019 City Engineer Berkowitz updated the Council on road improvements projects in the City.
20
21 Community Development Director Neumeister updated the Council on development activity in
22 the City.
23
24
25 MAYOR/COUNCIL INPUT
26
27 (rent Event) - Councilmember Jacobson stated they have one more tent event coming up and he
28 was hopeful the Administrator will talk to the Sheriff's Department to make sure that runs welL
29
30 (League of Minnesota Cities Legislatures of Distinction) - Mayor Gamache reviewed :from the
31 League of Minnesota Cities, the 2008 League of Minnesota Cities Legislatures of Distinction.
32 He wanted to share with the Council and residents that they chose this year State Representative
33 Kathy Tinglestad as one of their Legislatures of Distinction. She is being commended for all her
34 work at the Legislature. Councilmember Trude thought it would be fantastic to represent her in
35 this City because she did a great job of representing them to the Legislature.
36
37 (Builders Association Letter Regarding Sprinkler Systems in Homes) - Mayor Gamache stated he
38 received a letter :from the Builders Association of the Twin Cities regarding some process they
39 are going through on sprinklers for homes. Requiring them in the future and having them added
O~ onto a National Mandate and obviously sprinklers would save lives but in this day and age what
it costs to build a home he thought they had pretty good laws in place regarding smoke detectors
42 to keep people safe. They would like the City to make a statement whether they would support
43 something like this or not. He did not know if this was something they wanted to look at down
44 the line. He stated he was not in favor of adding more requirements on home builders at this
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 11
1 time with such a difficult economy and he did not see a huge advantage to having a sprinkler
2 system in the home. Councilmember Orttel thought if the Council's opinion is important he
3 would like to answer this. He stated it would save lives but everything has to be balanced with
4 the other side, which is cost. Councilmember Jacobson thought they should ask the Fire Chief if
5 they need to comment and if so they can do that at the next Council meeting.
6
7 (Met Council 2030 Transportation Policy Plan Meeting) - Mayor Gamache received :from the
8 Met Council the 2030 Transportation Policy Plan and they are going to hold six informational
9 meetings on Tuesday, September 30, 2008.
10
11 (Community Education Advisory Commission) - Councilmember Trude stated she is involved
12 with the Community Education Advisory Commission again and the Community Education
13 Department of the School District is starting to do some strategic Planning and Focus Groups.
14 Surveys are going to get community specific information so each of the communities involved in
15 community education can get feedback on what programs are liked and well respected with the
16 community so they can make sure they are focusing the dollars on programs that are popular and
17 do well.
18
q~ Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
21 adjourned at 9:30 p.m.
22
23 Respectfully submitted,
24
25 Susan Osbeck, Recording Secretary
0
0 Regular Andover City Council Meeting
Minutes - September 16, 2008
Page 12
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 16, 2008
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE ....... .................................. ...... .................... .... .................... ......... ..... 1
RESIDENT FORUM ............. ...... ...... ....................................... ...... ................................. .... ..... ...... 1
AGENDA APPROV AL.................................................................................................................. 1
GIRL SCOUTS CERTIFICATES OF APPRECIATION............................................................... 1
APPROV AL OF MINUTES ................. ......... .... ............................... ....... .......................... ............. 2
CONSENT ITEMS ......................................................................................................................... 2
Approval of Claims ..... ........... ..... ...... ..... ........ ... .................... ...... ........... ........................ ....... ...... 2
Resolution R070-08 declaring Cost/Order Assessment Roll/2008 Overlays (08-2A, Northglen
Area & 08-2B, Grow Oak View Estates)............................................................................... 2
Resolution R071-08 declaring Cost/Order Assessment Roll/07 - 37 A/Metropolitan Mosquito
Control............................................................................................................................ ....... 2
Approve Hold Harmless & Easement Encroachment Agreement/16191 Crane Street NW....... 2
Adopt New 2008-2009 Council Goals................................ ..... ........... ................... ..................... 2
Accept 2007-2008 Council Goals Progress Repot...................................................................... 2
0 Resolution R072-08 accepting Contribution! Andover Huskies Youth Hockey
Association! Andover YMCA Community Center ................................................................. 2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT............:........ 2
DISCUSS ACCESS REQUEST/ANDOVER CLOCKTOWER COMMONS/08-20 ................... 3
DISCUSS ACCESSORY/TEMPORARY STRUCTURE DEFINITIONS AND CODE .............. 6
APPROVE BOND SALE - $630,000 G.O. EQUIPMENT CERTIFICATES, SERIES 2008A
(R073 -08) ................................................................................................................................ ........ 9
SCHEDULE EDA MEETING ........................................................................................................ 9
SCHEDULE OCTOBER COUNCIL WORKSHOP .................................................................... 10
ADMINISTRATOR REPORT........ ..... ................................ ............. ......... .................................. 10
MA YOR/COUNCIL INPUT ............... ........... ....................... ........... ............... ............. ................ 10
Tent Event..... .... .............. ............ .... ......... ........... ...................... ... ............. .... .......... ..... ............. 10
League of Minnesota Cities Legislatures of Distinction........................................................... 10
Builders Association Letter Regarding Sprinkler Systems in Homes....................................... 10
Met Council 2030 Transportation Policy Plan Meeting ........................................................... 11
Community Education Advisory Commission ......................................................................... 11
ADJOURNMENT......................................................................................................................... 11
C
o~
3
4
5
6 ANDOVER CITY COUNCIL WORKSHOP - SEPTEMBER 23, 2008
7 MINUTES
8
9
10 The Andover City Council Workshop was called to order by Acting Mayor Ken Orttel, September
11 23, 2008, 6:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
12
13 Councilmembers present: Don Jacobson, Mike Knight and Mayor Mike Gamache (arrived at
14 6:13 p.m.)
15 Councilmember absent: Julie Trude.
16 Also present: Director of Public Works/City Engineer, Dave Berkowitz
17 City Administrator, Jim Dickinson
18 Community Development Director, Will Neumeister
19 Others
20
21
22 DISCUSS OUTDOOR PARTIESIEVENTS
q~ Mr. Dickinson stated in regard to residents' complaints regarding outdoor concert events, the
25 Council indicated that they would like to discuss at a workshop the merits of approving outdoor
26 parties/events, in particular where the extension of a liquor license is requested.
27
28 Mr. Dickinson reviewed the information with the Council.
29
30 Acting Mayor Orttel asked if anyone in the audience wanted to speak regarding this item.
31
32 Mr. Kevin McGinn, 13865 Bluebird Street, stated the first concert :from Tanners was pretty
33 intrusive into their neighborhood. He stated he was pretty concerned about the noise associated
34 with the concerts and in the code. He reviewed what the City Code stated. Mr. Dickinson
35 explained what the City Code means and how it is interpreted.
36
37 Councilmember Jacobson stated the problem to him is not the outdoor parties or the extension of
38 the liquor license to the outdoors; it is the perceived noise levels :from a band. Mr. McGinn
39 thought if a bar was going to have outdoor liquor it should be partitioned off :from the public.
40 Councilmember Jacobson stated they could refuse to allow outdoor liquor licensing or require the
41 bands to play inside with allowing liquor outdoors but they want to make sure they do not outlaw
42 some of the things they do want also.
43
d~ Councilmember Jacobson thought they could look at something better that a band could emit out.
He thought they should concentrate on the noise levels. Mr. Dickinson stated those defInitions
46 that are identified are set by the MPCA and they follow what they say. Councilmember Jacobson
47 wondered if they could be stricter than what the MPCA indicates. Mr. Dickinson stated they
48 could be but they want to be comparable to other cities.
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 2
1
2 Mayor Gamache arrived at 6: 13 p.m.
3
4 Councilmember Jacobson asked if they could have the bands inside. Mr. Brad Povlitzki
5 indicated this is done in every community and the attraction is to bring the band outside. People
6 are cooped up inside all winter and want to be outside in the summer.
7
8 Councilmember Orttel wondered why the second concert at Tanners was quieter. Was it a
9 different type of band? Mr. Steve Smith, manager stated it was the same kind of band that they
10 had the first time and everything was the same. He noted the tent was open towards Bunker Lake
11 Boulevard and the back of the band faced Target.
12
13 Mayor Gamache showed on the board how the tent was set up at Tanners.
14
15 Councilmember Knight thought it was the bass that was the factor and he did not know if they
16 could get a band without loud bass.
17
18 Mayor Gamache asked Mr. Povlitzki if they bring in a larger band for the outdoor concert
q~ compared to ones they get for indoors. Mr. Povlitzki indicated the bands were the same and the
soundboards are turned off. He noted he drove to the end of his property and could not make out
21 the music. Mr. McGinn indicated he did not hear the band at Pov's this year.
22
23 Mr. Povlitzki stated he wanted to continue these outdoor parties next year.
24
25 Ms. Sherri Bukkila, 13537 Swallow Street, representing the Hidden Creek neighborhood, stated
26 she received comments :from homeowners regarding this and summarized what the neighbors
27 thought about the concerts. She noted that some of the people recommended the City make the
28 number of weekends limited for outdoor concerts so there are not concerts every weekend. Some
29 people disagree that it is a negative impact on the neighborhood. Some felt the concerts should
30 only be allowed once a year.
31
32 Mayor Gamache stated the main issue he has is, if they will have another bar in the area and the
33 outdoor concerts become more popular. He wondered how many events they should allow and
34 what the options are to control the number of events.
35
36 Councilmember Jacobson thought they should encourage these events in the City but should also
37 listen to residents who are bothered by it. He thought it comes down to the booming bass and he
38 thought if there was some way they could cut the bass down everyone would be happy.
39 Councilmember Knight thought if they face the speakers in the most neutral way would help.
d~ Councilmember Orttel thought they should require a schematic for outdoor concerts so they can
42 see where the speakers will be located. Councilmember Jacobson thought Councilmember Orttel
43 had a point by requiring schematics and noise mitigation measures that would be required before
44 approved by the City. They could have someone from the Building Department come over to
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 3
1 make sure it is done correctly.
2
3 Mr. Dickinson asked for clarification on what the Council wanted done. Councilmember
4 Jacobson stated before the establishment comes before the Council with their approval request
5 for outdoor concerts and before they book a band the City needs to have a schematic of what the
6 tent will look like with the emphasis on sound mitigation. Councilmember Orttel stated they
7 should look at possibly having an amplified sound ordinance.
8
9 Mayor Gamache stated another concern of his is if Moose and Company were to open and they
10 decided they wanted to have some concerts. He wondered if there is a need to have some kind of
11 restriction for how many events the City is going to allow the establishments each year because it
12 could be every weekend if each bar wanted more than one a year.
13
14 Ms. Sheri Bukkila stated there was a lot of discussion about how the businesses and City benefit
15 :from the outdoor concerts. She wondered if there is a way to charge a fee for holding an outdoor
16 concert and then put it towards the park fund so everyone would benefit. Councilmember Orttel
17 indicated fees can only be charged to recoup cost.
18
q~ The Council discussed how many concerts they would want for a maximum a year or a month.
Mr. Povlitzki suggested they have a strict rule on enforcing these.
21
22 Mr. Dickinson reviewed what the staffwill focus on for next year.
23
24 Mr. McGinn indicated he has a petition :from 286 homeowners wanting to eradicate these
25 concerts so he cautioned the owners of the bars to make sure things run smoothly next year.
26
27
28 REVIEW POOL COVERS AND FENCING
29
30 Mr. Neumeister stated this was first discussed on August 6, 2008 as a result of a resident's request
31 for a pool cover to be allowed rather than fencing. At the following meeting on August 19th, the
32 Council directed staff to provide research on what other cities have for regulations related to pool
33 covers in lieu of fencing. What staff has found is that very few cities allow pool covers in lieu of
34 fencing.
35
36 Mayor Gamache is wondering if there could be an ordinance requiring afence in R-4 District with
37 the option of having a fence if they are on acreage. He would like to talk about this to see if this is
38 the way the Council would want to go. We need to make sure the pool covers are being used
39 properly too.
O~ Mayor Gamache did not think they had anyone in the City go around inspecting to make sure
42 everything is in compliance for pools. Mr. Dickinson stated they only check if there have been
43 complaints or ifby site it looks like a problem.
44
0 Regular Andover City Council Meeting.
Minutes - September 23, 2008
Page 4
1 Councilmember Jacobson stated the problem he has is a pool cover requires a human to open and
2 close it where a self-closing fence does not need assistance if properly installed and working. He
3 would like to see the use of fencing.
4
5 Mr. Torrey Kjelstad, 17241 Partridge Street NW, stated the pool cover could be left open but the
6 fence gate could also fail. He stated he is a responsible person and does not want to fmd anything in
7 their pool. They live on three acres with only six houses around him with eighty acres behind him.
8 He stated he knows of neighbors that have an above ground pool with a fence and kids jumped over
9 and into the pooL He stated he has eleven thousand dollars invested in the pool cover and ifhe had
10 to install a fence around the pool it would cost him another eleven thousand dollars.
11
12 Councilmember Ortte1 stated they have discussed how to keep kids out of drainage ponds and that is
13 another potential danger because they are not fenced either. Their main concern is to protect small
14 children. There is massive risk out there in the world that involves drowning. He indicated what
15 they want is something to keep people out of the pools if not invited. He thought this was the next
16 stage in pool safety.
17
18 Councilmember Orttel asked if it would be possible to have an alarm if the cover were to not be
q~ closed in a certain amount oftime. Councilmember Knight wondered if there was a fail-safe way to
make sure the pool cover is closed. Mr. Kjelstad stated at this time there is not.
21
22 Councilmember Jacobson would suggest they could look at something in the future when they would
23 get a warning device on them but until then he suggested they leave this the same.
24
25 Mr. Dickinson stated this was brought to the meeting because the permit was approved for a pool
26 and fence and the City did not know it was not in compliance until a complaint was filed. He felt the
27 City needed to enforce the code requiring a fence around the pooL
28
29 Councilmember Orttel stated he thought the pool cover is a better safety device than a fence.
30
31 Mr. Kjelstad stated he keeps the pool cover closed for heating, cleaning and safety. He felt it is safer
32 than a fence and they always keep a cover on the pool when not in use. He stated this is the way of
33 the future. Mayor Gamache agreed but did not feel at this point there was much the City Council do.
34
35 Councilmember Knight asked if they could explore the potential for alarms out there for pools. Mr.
36 Kjelstad stated he would research this and bring the information back to the CounciL
37
38 Mr. Dickinson stated if the Council is going to review this further how far should staff go to enforce
39 the code. He noted Mr. Kjelstad does have a four-foot temporary fence up. Councilmember
d~ Jacobson thought staff should enforce the code.
42 Mayor Gamache wondered what the ordinance for fencing a hot tub is. Mr. Dickinson indicated a
43 1atchable cover or fence is required.
44
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 5
1 Councilmember Orttel wondered if an alarm would make a difference. Mayor Gamache stated at
2 this point they needed to enforce the code. Councilmember Knight, Mayor Gamache and
3 Councilmember Orttel thought it would be worth it to research to see if alarms were available for
4 pool covers. Councilmember Jacobson stated he would prefer to stick with the current code.
5
6 Mr. Dickinson noted that Councilmember Trude indicated to him that she would not be in favor of
7 only allowing a pool cover in lieu of a fence.
8
9 Mr. Kjelstad thought the code could be interpreted differently by everyone in regard to fencing
10 because the code is vague. He explained what type of fence he installed and showed a photo. The
11 Council felt this was a temporary fence but would work until a fmal decision was made.
12
13
14 REVIEW STATE STATUTE LAW CHANGES TO CHAPTERS 157 AND 347 (RELATED TO
15 OUTDOOR FOOD AND BEVERAGE SERVICE ESTABLISHMENTS & DANGEROUS DOGS)
16
17 Mr. Neumeister stated the City Attorney sent staffinformation which contains new language adopted
18 by the State of Minnesota :from Chapters 157 and 347. He asked that the City Council review it as
q~ two separate sections. The fIrst section dealing with Chapter 157 relates to something that is not
mandatory that the City adopt, it references the City "may adopt" the new language that refers
21 specifically to outdoor food and beverage establishments and whether to allow dogs to accompany
22 persons patronizing the facility. If the Council chooses to implement it, then the entirety of the
23 suggested code language should be adopted.
24
25 The 'second part of the statute changes should be reviewed line by line as there are small changes
26 proposed throughout the Chapter 347 language. Notice for instance that the surety bond is
27 recommended to be changed :from $50,000 to $300,000 for anyone who has a "dangerous dog".
28 Quite a few changes related to changing "may" to "shall" and there is a lot more language added on
29 "Dispositio]J. of Seized Animals" as well as who may own a dog.
30
31 Councilmember Jacobson reviewed how the State Statute got changed.
32
33 The Council preferred not to adopt Chapter 157. Councilmember Orttel felt Chapter 347 should be
34 changed to the new amount. Councilmember Jacobson suggested staff go through the City
35 Ordinance and State Statute to see what the differences are.
36
37
38 ASSESSMENT POLICY DISCUSSION
39
d~ Mr. Berkowitz stated the City Council is requested to review and discuss the attached proposed
assessment manual revision and direct staff on how to proceed with updating the assessment policy.
42
43 Mr. Berkowitz reviewed the information with the Council.
44
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 6
1 Mr. Berkowitz explained staff did not have any changes on page 4 other than striking the word
2 presumably.
3
4 Mr. Berkowitz indicated on page 5, under Summary of Steps in Special Assessment Proceedings,
5 Number 1, Initiation of Proceedings, the Council should change the amount to 50% in order to
6 initiate a project.
7
8 Councilmember Orttel thought they went by the number of people involved instead of what the
9 policy shows. Mr. Berkowitz stated they usually do and should change the wording in the policy to
10 reflect that. Councilmember Orttel thought they should include "either/or" depending on the way the
11 project will be assessed. Councilmember Orttel thought they should include "whichever basis the
12 project will be assessed on" so it leaves it open.
13
14 Mr. Berkowitz noted on page 6 there were no proposed changes. On page 7, under Purpose, IT, this
15 was to clean up the sentence because it was a run on sentence and did not read well.
16
17 Councilmember Jacobson thought the paragraph should include: "The Council may extend this date
18 ifit feels the project can be accomplished within the year." Mr. Berkowitz stated that was the reason
q~ for the language change.
21 Mr. Berkowitz explained on page 8 - Policies Relating to Special Assessments, they want to include
22 examples at the end of the paragraph and they want to put in a disclaimer.
23
24 Mr. Berkowitz stated under Assessment Period, this goes back to the reconstruction of the roadway
25 process. The assessment period used to be eight years, went to five years at one time but the
26 assessment period always stayed at ten. He would like to be consistent with eight being the
27 maximum time.
28
29 Mr. Berkowitz thought they should change the sentence after the time period to read: "Assessments
30 for improvements not included as a part of a new development shall be assessed for up to an eight (8)
31 year period."
32
33 Councilmember Jacobson asked on page 9, under item 2 Properties Not Assessed, what is considered
34 a dry pond. Mr. Berkowitz explained what a dry pond is. Councilmember Orttel thought item 2
35 needed to be cleaned up because it only pertains to area assessments.
36
37 Councilmember Jacobson wondered why on page 10, Unit Lot, why they needed all the language
38 when it could read "A lot or parcel is a residential area that can no longer be subdivided". Mr.
39 Berkowitz explained why the policy waS worded this way. Councilmember Orttel agreed with
d~ Councilmember Jacobson and thought it could refer to the planning guide.
42 Mr. Berkowitz noted on page 10, Front Footage, would be assessed only on the side that the property
43 is addressed.
44
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 7
1 Mr. Berkowitz stated in regard to area traffic assessments; this goes back to their lengthy discussions
2 regarding the possibility of what will happen in the rural reserve area. He stated they have the
3 potential in the future to develop and they will have two thousand more units in the city which is a
4 huge impact to the transportation system. He thought that is the time to capitalize on the roadway
5 system. He stated the development area will drive large transportation and traffic improvements that
6 will be needed as the area develops. He wondered if they wanted to put that burdon on the State Aid
7 System or do they want to consider at least recouping if not all of it at least a portion of it back
8 through the entire development. He proposed putting Item D "area Traffic Assessment" in which
9 gives them a way to look at this and fmd out what they want done.
10
11 The Council discussed with staff how they can charge area assessments.
12
13 Mr. Berkowitz explained on page 10, Construction Interest, this was reviewed with City Finance
14 Department for changes.
15
16 Mr. Berkowitz stated on page 11, Expenses to be Assessed, Appendix A will be attached for
17 reference.
18
q~ Councilmember Orttel wondered if it would be reasonable to refer to the index for the charge that
they spent so much time establishing. He wondered if they had a right to charge an overhead. Mr.
21 Dickinson stated they adopted those numbers in their fee ordinance and then they have one for
22 developer installed. Councilmember Orttel asked if the City Attorney disagreed with including
23 "expenses to be assessed are City overhead expenses". Mr. Berkowitz stated expenses are the term
24 that refersto their overhead but he could review this with the City Attorney.
25
26
27 DISCUSS STATUS OF AUTISTIC CHILD SIGNS
28
29 Mr. Berkowitz stated the City Council is requested to review "Autistic Child" sign program and
30 discuss making this process permanent.
31
32 Mr. Berkowitz reviewed the information with the Council.
33
34 Motion by Jacobson, Seconded by Orttel, to continue the Autistic Child sign program.
35
36 Councilmember Jacobson asked if twelve signs were enough in the City. Mr. Berkowitz stated they
37 added ten signs because two families did not want to participate in this. He stated if they get too
38 many requests for signs they may need to put a maximum on the number of signs annually.
39
a~ Mayor Gamache thought this should be approved formally at a City Council meeting so the motion
was not voted on.
42
43
0 Regular Andover City Council Meeting---
Minutes - September 23, 2008
Page 8
1 2009 BUDGET DEVELOPMENT PROGRESS REPORT
2
3 Mr. Dickinson stated the Council has had a number of reviews of the 2009 Proposed Budget that will
4 be supported by the 2009 Tax Levy.
5
6 Mr. Dickinson reviewed the information with the CounciL
7
8 Councilmember Jacobson stated on page 3, it talks about the $50,000 budget shortfall and what
9 happens if it is not taken care of by the end of the year. Mr. Dickinson indicated it will be taken care
10 of. He explained the reason why he felt this item will not be an issue. He stated it will be balanced
11 by the time it is presented to the Council at their meeting in December. He noted he is encouraging
12 all of the department heads to stay within their budget.
13
14 Mayor Gamache stated on page 5, insurance was discussed and indicated it was not favorable. He
15 wondered where that was at. Mr. Dickinson reviewed the insurance proposal with the Council.
16
17 Councilmember Jacobson stated on page 7, Central Center for Family Resources, he wondered what
18 this was. Mr. Dickinson explained to the Council what they provide for services for the City.
Q~
Mr. Dickinson stated on page 9 he indicated they did not need to hold a Truth in Taxation Hearing
21 and the number only gave them the variance not to hold the public hearing only if they took
22 advantage of special levy's and they did not do that. The Council felt they needed to hold a Truth in
23 Taxation Hearing whether it was needed or not.
24
25 . Community Center Budget Presentation
26
27 Mr. Erik Sutherland, Community Center Supervisor, stated they worked out the budget with Mr.
28 Brezinka, Mr. Dickinson and two meetings with the Advisory Commission. Their biggest fight
29 continues to be the utility costs.
,30
31 Mr. Sutherland reviewed the budget and scheduling of the facility with the Council.
32
33 Mr. Dickinson reviewed with the Council the Community Center budget.
34
35 Mr. Sutherland also requested shufiling around current staff and dedicate a person to programming
36 and advertising sales in order to increase the revenue and use in the off-peak times. They would
37 need to add a benefit package for a full time person and the wages are already budgeted for.
38
39 Councilmember Orttel stated they have fifteen advertisers and he wondered how much revenue they
040 bring in with those. Mr. Dickinson stated it was around $30,000. Councilmember Orttel stated that
l:l1 hiring this person full time was not worth it and would be a bad deal.
42
43 Councilmember Jacobson asked how much more they would need in order to do this. Mr.
44 Sutherland thought it would affect the Community Center around $8,000 to $15,000. Mr. Dickinson
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 9
1 explained the different jobs this person would be doing during the year along with trying to get
2 revenue for the Community Center through advertising and scheduled programs. He noted they have
3 costs which they can spread to Sunshine Park and Andover Station North.
4
5 Councilmember Orttel wondered if they had hired someone to schedule the Community Center time
6 a year or so ago. Mr. Dickinson stated they used existing staff for this. He noted that there is a lot
7 they do at the Community Center that a fee is not charged for.
8
9 Councilmember Knight did not know what they are going to do with the :free service to the
10 community and there are costs involved with that. Mr. Sutherland stated hundreds of hours are being
11 used. Mr. Dickinson stated most of the hours are used for non-profit organizations.
12
13 Mayor Gamache asked what the opportunities are to sell off-peak hours. Mr. Sutherland stated it
14 would be in house programming.
15
16 Mayor Gamache stated it shows by the budget that this year they budgeted $17,500 for advertising
17 and expecting that to drop to $10,000. He asked if the $17,500 fulfilled all their advertising space.
18 Mr. Sutherland indicated it did not.
q~ Councilmember Knight stated there is a wall that is almost empty that they expected to fill with
21 advertising. Councilmember Orttel did not think the proposed person would make enough in
22 advertising sales to cover the expenses.
23
24 Councilmember Jacobson asked how difficult would it be to remove a city employee if after a year
25 things did not work out as planned. Mr. Dickinson indicated it would be hard to do. Mr. Sutherland
26 stated they need help in other areas that are not being covered right now and that person could be
27 moved to those areas.
28
29 Councilmember Jacobson asked why they do not hire another person part time to fill the position
30 needed. Mr. Dickinson stated it would be hard to fit the person to the position. Councilmember
31 Orttel stated it would save the City a benefit package.
32
33 Councilmember Orttel still questioned if they needed someone. He did not know if they could sell
34 that much space to pay for the salary and benefit and still bring in revenue. He thought it was a
35 losing proposition.
36
37 Mayor Gamache stated the new person would create the new programs but they would need to bring
38 in people to run them. Mr. Sutherland stated they would have budgets allocated to each program.
39 He stated his hope is to produce something like a community education brochure, full of options.
a~ Mr. Dickinson stated the budget is coming back in October. He thought Mr. Sutherland could fine
42 tune the position, the costs associated with bringing the person onboard full time and at that time
43 they could discuss this further and make a decision.
.44
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 10
1
2 2009-2013 CIP PROGRESS REPORT
3
4 Mr. Dickinson stated in early April, Administration/Finance started the 2009-2013 Capital
5 Improvement Plan (CIP) process with a kick-oiI meeting the department heads. Since that date
6 various committees (Vehicles Purchasing & Facility Management Committees) and commissions
7 (parks & Community Center) have worked diligently to complete their work on the proposed 2009-
8 2013 CIP.
9
10 Mr. Dickinson reviewed the information with the Council.
11
12 The Council discussed the use of the Council Chambers by outside non-profit organizations and
13 what they need to do to maintain the furniture and floor coverings.
14
15 Mr. Dickinson indicated their open policy is costing them money.
16
17 Councilmember Jacobson suggested staff look at a possible fee schedule item addressing this and
18 bring it back for review.
q~ Mr. Berkowitz reviewed the trail machine/snow removal equipment with the Council.
21
22 Mr. Dickinson showed a map to the Council where the park playscape upgrades are planned to be.
23
24 Councilmember Orttel wondered if they needed to maintain all of the play areas in the park. Mr.
25 Dickinson stated in the future they will need to figure out if it is feasible to maintain all the parks
26 currently maintained.
27
28
29 OTHER BUSINESS
30
31 There was none.
32
33 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
34 adjourned at 9:15 p.m.
35
36 Respectfully submitted,
37
38 Susan Osbeck, Recording Secretary
0
@)
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: October 7, 2008
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business dfthe City of Andover.
DISCUSSION
Claims totaling $168,953.97 on disbursement edit lists #1 - #3 from 09/19/08 to 10/03/08 have been issued
and released.
Claims totaling $622,180.22 on disbursement edit list #4 dated 10/07/08 will be issued and released upon
o approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUIRED
The Andover City Council is requested to approve total claims in the amount of $791,134.19. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
ti?5~
Lee Brezinka
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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 .....
CC: Jim. Dickinson, City Administrato
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Approve Autistic Child Signs - Engineering
DATE: October 7,2008
INTRODUCTION
The City Council is requested to approve the "Autistic Child" sign program.
DISCUSSION
As a one year trial period, the City allowed requests from residents that have one or more autistic children
to place an "Autistic Child" sign in their yard at the City's expense. The City Council authorized up to a
maximum of 12 signs be placed for this trial period. There were 12 requests, Out of the 12 requests 10
signs were installed. The residents that did not have the signs installed either did not want the sign placed
in their yard or just decided not to pursue the program.
o Due to the success of the trial program, staff recommends that the program become permanent and that the
City enter into a long term agreement with each resident to allow the signs to remain on the property as
long as the child is living in the house and is 16 years of age or younger. If the property owner were to
move, the owner would be required through the agreement to contact the City to remove the sign.
Attached are the Permit Application and Agreement that are required for approval. This information will
be sent out to each trial resident to complete and also sent out to each future sign request to be executed
before the sign placement will be approved.
ACTION REOUIRED
The City Council is requested to approve the "Autistic Child" sign program.
Respectfully submitted, ~
Q~Q.~
David D, Berkowitz...... . - ~
Attach: Autistic Sign Permit Application and Agreement /'
cc: Mike & Beth Ziesmer
Jennifer Larson
Katie Meister
Rod Schuler
o Sarah Jean Johnson
Jennifer & Chris Martin
Lou & Julie Foster
Kristine Naffziger
Elliot & Jennifer Konschak
Abby Minor
~ ~
' . o' \YE'
'I ,,'" -'.. ~,' - .' '.
-"'\'.. .. .... .,. '.... .'...".,'
o . ..... . ~n:.,,__~,..~ ..
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
PERMIT APPLICATION
FOR
AUTISTIC CHILD SIGN
Applicant Name:
Street Address:
City, State, Zip:
Phone: ( )
Applicant must read, complete and sign the agreement on the back of this application prior to the
o fabrication and installation of the sign.
Age of Qualifying Child: (signing will be provided up to 16 years of age)
Return Form to: David D. Berkowitz, Director of Public Works/City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
City Use Only
Dated: Approved By:
Permit No.:
o Area Street MSA Route
G:\ST AFF\RHONDAA\FORMS\SIGNS\Autistic Child Sign Permit.doc
0 Special Signing Permit Application, Autistic Child Sign
AGREEMENT
I (We) certify that a child (person 16 years of age or under) with Autism resides at the address
listed on the application and that if this condition changes I (We) will notify the City to remove the
sign.
I (We) agree to accept the sign format, design, structure and location determined by the City of
Andover in compliance with all pertinent state signing standards.
Applicant will hold the City harmless in the event the signs are placed and an injury occurs to the
qualifying child or any other party while the signs are in place.
Applicant will hold the City harmless in the event the signs are not placed or are removed and an
injury occurs to the qualifying child or any other party.
I (We), the undersigned, herewith accept the terms and conditions and agree to fully comply
o wherewith to the satisfaction of the City. The City may remove the sign for any failure to comply
with these terms .
Applicant Name: Date:
(Please Print)
Applicant Signature:
0
G:\ST AFF\RHONDAA\FORMS\SIGNS\Autistic Child Sign Permit.doc
RIGHTS OF SUBJECTS OF GOVERNMENT DATA
0 AUTISTIC CHILD SIGN
IITENNESSEN WARNING"
In accordance with the Minnesota Government Data Practices Act, the City of Andover is
required to inform you of your rights as they pertain to the information collected about you.
Public information is that information which is available to the general public; Private information
is that information which is available to you, not to the public: and confidential information is that
information which is not available to you or the public. The information we collect from you is
either public or private. The separation of that information is as follows:
PUBLIC - NAME & ADDRESS OF APPLlCANT(S) AT THE TIME OF APPLICA TION
PRIVA TE- SOCIAL SECURITY INFORMA TION, INCOME LEVEL, MEDICAL DA TA,
HOME TELEPHONE NUMBER (MS13.355 & 13.37(a)).
The information collected and required from you is to determine your eligibility for a City of
Andover Autistic Child Sign. If you do not supply the required information, the City of Andover
will not be able to determine your eligibility.
The dissemination and use of the private data we collect is limited to that necessary for the
administration and management of the Autistic Child Sign program. Persons or agencies with
o whom this information may be shared include:
CITY PERSONNEL INVOL VED IN DETERMINING YOUR ELIGIBILITY, CONTRACTED
PUBLIC AUDITORS AND THOSE INDIVIDUALS TO WHO YOU GIVE YOUR EXPRESS
WRITTEN PERMISSION.
Unless otherwise authorized by state statute or federal law, other government agencies utilizing
the reported private data must also treat the information private.
You may wish to exercise your rights as contained in the Minnesota Government Data Practices
Act. These rights include:
THE RIGHT TO SEE AND OBTAIN COPIES OF THE DA TA MAINTAINED ON YOU.
THE RIGHT TO BE TOLD THE CONTENTS AND MEANING OF THE DATA.
THE RIGHT TO CONTEST THE ACCURACY OF AND COMPLETENESS OF THE DA TA.
To exercise these rights, contact the City Clerk's Office, City of Andover, 1685 Crosstown
Boulevard NW, Andover, MN 55304
**********************************************************************************************
I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION REGARDING MY RIGHTS
o AS A SUBJECT OF GOVERNMENT DA TA.
(Signature of Data Subject) (Date)
G:\ST AFF\RHONDAA\FORMS\SIGNS\Autistic Child Sign Permit.doc
0 @
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 ~
CC: Jim Dickinson, City Administrator .~!>
David D. Berkowitz, Director of Public orks/City Engineer
FROM: Jason Law, Assistant City Engineer
SUBJECT: Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-
37 AlMetropolitan Mosquito Control - Engineering
DATE: October 7,2008
INTRODUCTION
This item is in regard to waiving the public hearing and adopting the assessment roll for the extension of
sanitary sewer for 1260 Bunker Lake Boulevard NW (Metropolitan Mosquito Control District), Project
07-37A.
0 DISCUSSION
At the September 16, 2008 meeting, the City Council approved a resolution declaring the cost and
ordering assessment roll for this project. This item is the last step as required by law to be able to levy
the assessment to the property,
The property owner has reviewed the assessment worksheet and agrees with the final assessment amount
(see attached letter).
BUDGET IMP ACT
The City portion of the project ($47,928.75) would be funded from the Trunk Sewer Fund. Should the
Anoka County Parks building petition for connection to the sewer system in the future, interest in a rate
equal to the ENR Construction Cost Index dated from approval of this item to petition date would be
added to this amount and assessed to the Anoka County Parks department.
ACTION REQUIRED
The City Council is requested to approve the resolution waiving the public hearing and adopting the
assessment roll for the extension of sanitary sewer for 1260 Bunker Lake Boulevard NW (Metropolitan
Mosquito Control District), Project 07-37A.
0 / / /
Attachments: Resolution, Assessment Roll & Waiver
cc: R. Richard Gauger, Gauger Engineering, Inc., 35 W, Water Street, St. Paul, MN 55107
William J. Caesar, MMCD, 1260 Bunker Lake Blvd. NW, Andover
Jon VonDelinde, Anoka County Parks
-
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF EXTENSION OF SANITARY SEWER PROJECT NO.
. 07-37A , METROPOLITAN MOSQUITO CONTROL.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THER~FORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments, extending over a
period of L years, the first of the installments to be payable on or before the 1 st
Monday in January, 2009 and shall bear interest at a rate of 5.5 percent
0 per annum from the date of the adoption of this assessment resolution.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment or the first installment thereof to the county auditor, pay the
whole of the assessment on such property, with interest accrued to the date of
payment, to the municipal treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption thereof; and, except
as hereinafter provided, the owner may at any time prior to November 15 of any
year, prepay to the treasurer of the municipality having levied said assessments,
the whole assessment remaining due with interest accrued to December 31 of
the year in which said prepayment is made.
MOTION seconded by Councilmember and adopted by the
City Council at a reaular meeting this ih day of October , 2008 , with
Councilmembers
voting in favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
0 ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
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GAUGER ENGINEERING, INCj COl/Sulting
engineers
0
35 W. Water Street, St. Paul, MN 55107 651/227-1748
September 11~ 2008 r
t
{
David D. Berkewitz~ City Engineer I SEP " 2 2.
1
City of Andov~r LillY O[ANDOVER
1685 Crosstown Blvd. N.W.
Andover~ MN 55304
Re: Metropolitan .Mosquito Control District
1260 Bunker Lake Blvd.
Andover, Minnesota
Dear Mr. Berkowitz:
I have received and reviewed the Final Assessment.Worksheet for the sewer
extension on Bunker Lake Blvd. The original estimate for this work was in
the sum of $ 110,170.34. The f.inal costs presented are in the sum amount
of $ 106,956.79. .
0 I have discussed the final assessment with MMCO and have been authorized
to agree with the assessment. On behalf of the MMCO,.:the assessment hear-
can be waived.
When the billing is prepared, please forward for payment...
The MMCO appreciates the efforts that 'the City of Andover'put forth to
comple~e tpis project.
Sincerely, -
IZ/Ju4 ~ ?~
R. Richard Gauger, PE
Licensed in the State of Minnesota
cc: William J. Caesar, .MMCO
0
@
0 C I T Y o F
NDOVE
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
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Declare Surplus Equipment - Public Works
DATE: October 7, 2008
INTRODUCTION
The Public Works Department is requesting City Council's approval to declare the attached list of
equipment as surplus property and to authorize the sale of these items by sealed bids with minimum
amounts required.
0 DISCUSSION
The equipment listed is no longer in use, outdated, and/or have been replaced and are no longer
needed by staff.
BUDGET IMPACT
The revenues from the sale of the equipment will be recorded in the appropriate funds and used for
future purchases and/or operations.
ACTION REQUIRED
Staff is recommending that the City Council declare all items identified on the list as surplus property
and authorize the sale of these items.
Respectfully submitted,
Q~0r
David D. Berkowitz
Attachment: Surplus Equipment List ./
0
0 Surplus Equipment 2008
Dock
Aluminum roller type, 4 x 40(1- 16 feet, 1- 24 feet), aluminum decking, leveling
winches, wheels, pole guards and 2inch receiver hitch.
3-point hitch sprayer
130-gallon plastic tank, Century PTO style pump, 21- foot 3 piece folding spray bar with
hand spray wand.
File cabinets
4 drawers, 3-Black and 17-Cream color.
1990 Smithco Three wheeler ball field groomer
8-hp Kohler engine (newer motor), rear drag and underbody leveling bar. Runs good but
needs a battery, 3270 hours on unit.
Tonneau Cover for Pickup Truck
Cover was removed from Unit #6 when this vehicle was converted into a survey vehicle.
The tonneau cover is like new.
1996 J-Craft dump box
0 Modell0WSTXML (6-8 yard capacity) with hydraulic lift cyclinder, box vibrator, Falls
wing (W-ll), Falls under body scraper blade (lB-lO) and Falls sander/spinner (lASD).
No controls, the above items where removed from a truck chassis.
Graphtec Sign Plotter
Model FC41 00-1 00 sign plotter with stand.
2000 Holder C-240
V -plow model MP-50VP, Snow blower model #MP52-SB (2-stage), Reversible
snowplow, model #MP60-AP, Sweeper model #MP60-SA, Dump box and drop sander,
model MP58-3. We also have a spare set of wheels and rim for unit. Machine works
and runs good, minimum bid $15,000.00.
Used Garage door with hardware
9-foot wide 7-foot tall White, non-insulated door panels. Includes torsion spring and all
of the hardware.
1993 S-10 Blazer 4X4
Vehicle was totaled by the insurance company. This could be purchased for scrap or
parts. Minimum bid $200.00
0
0 @
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
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Public Works/City Engineer
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: Approve Declaration & AgreementlO6-32/Twin Rivers Auto Sales - Engineering
DATE: October 7, 2008
INTRODUCTION
The City Council is requested to consider approving the attached Declaration and Agreement with Rumble
Bee Properties, LLC (Twin River Auto Sales).
0 DISCUSSION
The agreement is being proposed in regard to a retaining wall that was not constructed in accordance to
the manufacturer's requirement as required by the Lower Rum River WMO and the City for a storm water
pond, Attached is a site plan that identifies the location of the storm water pond. The item that was not
done as part of constructing the wall was the geo-grid that is placed behind the wall to help the wall from
failing or falling in the storm water pond area.
The agreement also includes the Lower Rum River WMO since the design of the wall that was
constructed around the wall of the pond was not designed or certified by a registered professional engineer
as required.
Joe Brabant of Twin Rivers Auto Sales has requested this agreement to happen since their engineer cannot
certify the design and construction of the wall. Also Mr. Brabant has also indicated to City staff that if the
City and the Lower Rum River WMO required the wall be reconstructed that he will not be able to afford
to stay in business.
Note: The City Attorney and Lower Rum River WMO Attorney have both reviewed the agreement with
no further changes.
ACTION REQUIRED
The City Council is requested to approve the Declaration and Agreement with Rumble Bee Properties,
LLC (Twin River Auto Sales).
o Respectfully su~
Q~Q
-r ToddJ. Haas
Attachments: Declaration and Agreement
cc: Joe Brabant, Rumble Bee Properties, LLC, 16191 Round Lake Boulevard NW, Andover
0
DECLARATION AND AGREEMENT
THIS DECLARATION AND AGREEMENT, made as of the 7th day of October, 2008,
by and between Rumble Bee Properties, LLC, a Minnesota limited liability company
(hereinafter "Owner") and the City of Andover, a Minnesota municipal corporation
(hereinafter "City") and the Lower Rum River Watershed Management Organization
(hereinafter "Watershed").
WHEREAS, Owner is the fee owner of property legally described as Lot 1 Block 1,
0 Westview Industrial Park, Anoka County, Minnesota (hereinafter the "Subject Property");
and
WHEREAS, in connection with the improvement of the Subject Property, the City
and Watershed have required the construction of a retaining wall (hereinafter the "Retaining
Wall") as part of a storm water pond on the Subject Property, located as shown on Exhibit A
attached to this Declaration and Agreement; and
WHEREAS, the Retaining Wall was not constructed in accordance with the
manufacturer's design requirements as required by the Watershed and the City; and
WHEREAS, the City and the Watershed are willing to agree to allow the Retaining
Wall to remain subject to the conditions hereinafter set forth; and
WHEREAS, Owner, to secure to itself and the Subject Property the benefits and
advantages of being allowed to leave the Retaining Wall in place rather than reconstruct it
in accordance with design requirements, Owner desires to subject the Subject Property to
the terms hereof.
NOW, THEREFORE, in consideration of the foregoing, the Owner declares and
0 agrees that the Subject Property is, and shall be, held, transferred, sold, conveyed and
occupied subject to the covenants, conditions and restrictions hereinafter set forth,
3406I8vI eLL LWI05-I 1
0 1, Owner agrees to hold the City and the Watershed harmless and indemnify
the City and the Watershed from any and all liabilities, and defend against
lawsuits, expenses, damages, acts or failures to act, attorney's fees and
court costs that may arise as a result of Owner or its successors in interest,
constructing, reconstructing or maintaining the Retaining Wall, The City may
require evidence of commercial general liability insurance from Owner in the
amount of $1 ,200,000 to cover the indemnification required herein,
2, If the Retaining Wall deteriorates, moves, shifts, cracks, settles, or otherwise
becomes altered in any way that, in the sole judgment of the City acting
through its City Council, causes the Retaining Wall to be a potential threat to
the public health or safety or otherwise cease to perform its function or impair
the ability of the storm water pond to store or treat storm water, the City will
give written notice to the Owner and specify repairs, maintenance, or
replacements that are needed. If the Owner does not. make such repairs,
maintenance or replacement to the specifications described in the notice
0 within the time stated, the City may pursue any remedy at law or equity to
enforce the terms of this Agreement. In addition, the City may, by its
employees or contractors, enter the Subject Property and perform the
required repairs, maintenance or replacements at the expense of the Owner,
Upon completion of such work, the City will invoice the Owner for all costs
incurred by the City to enforce this Agreement or to perform the obligations of
the Owner, If the City does not receive such reimbursement within 30 days
of mailing of an invoice therefore to the Owner, the City may levy special
assessments against the Subject Property for all such costs, together with
interest thereon. Owner agrees that fulfillment of its obligations under this
Agreement, and the costs incurred in doing so, is a benefit to the Subject
Property, in an amount at least equal to the costs so incurred by the City,
The Owner consents to the levy of such special assessments without notice
of hearing or hearing on the project and without notice of hearing and hearing
on the assessment, and consents to the levy of special assessments in
accordance with this Agreement without such hearings. Landowner waives
0 the right to appeal any assessments levied in accordance with this
Agreement, pursuant to Minn. Stat. 9429.081, or otherwise.
3406I8vI eLL LWI05-I 2
0 3. The obligations and restrictions of this Declaration and Agreement run with
the land of the Subject Property and shall be enforceable against the Owner,
its successors and assigns by the City of Andover, acting through its City
Council. This Declaration and Agreement may be amended only by a written
amendment executed by the City and the owners of the Subject Property and
consented to in writing by the Watershed,
IN WITNESS WHEREOF, the undersigned as duly authorized agents or officers of
Owner have hereunto set their hands and seals as of the day and year first above written.
APPROVED BY:
CITY OF ANDOVER, LOWER RUM RIVER WMO
a municipal corporation
By: By:
Its: Mayor Its: Chairman
0 By: By:
Its: Deputy City Clerk Its: Secretary
RUMBLE BEE PROPERTIES, LLC
By:
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of October 2008, before me, a notary public within and for
said county, personally appeared for Michael R. Gamache and Michelle Hartner to me
known to be respectively the Mayor and Deputy City Clerk of the City of Andover, and who
executed the foregoing instrument and acknowledge that they executed the same on behalf
of said City,
Notary Public
0
3406I8vI eLL LWIOS-I 3
0 STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of October, 2008, before me, a notary public within and for
said county, personally appeared as Joseph E. Brabant, to be known to be the Chief
Manager of Rumble Bee Properties, LLC, a Minnesota limited liability company, and who
executed the same on behalf of said limited liability company.
Notary Public
This instrument was drafted by: City of Andover
1685 Crosstown Blvd, NW
Andover, MN 55304
This instrument is exempt from registration tax and recording fees under Section 386.77 of the
Minnesota statutes.
0
0
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0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
\..-
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Direct
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2008
Delinquent Utility Service Charges, Mowing Fees, Tree Removal and False Alarm
Fines
DATE: October 7, 2008
INTRODUCTION
0 City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and City Code Chapter 5, 8-5-3D
provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service
charges, mowing fees, tree removal and false alarm fines. The assessment procedures directed by state
statute 429 are being followed in preparing notice of and preparation for a public hearing to act upon
the proposed assessment.
DISCUSSION
The total delinquent utility service charges were $89,568.40 as of October 2, 2008 when written
notification to the property owners and preparation of the preliminary assessment worksheets began.
Payments received prior to the proposed hearing date of the first regularly scheduled council meeting in
November 2008, will be applied to the customers' accounts to reduce or remove the proposed
assessments from the preliminary roll. Delinquent balances as of November 6, 2008 are charged an
administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for
collection with the 2009 taxes, The list of delinquent accounts is available for viewing in the Finance
Department and Finance will be sending letters to all applicable property owners explaining the
assessment process and how and where to make payment to avoid bein~ assessed.
The proposed hearing date will be the first regularly scheduled council meeting in November 2008.
BUDGET IMPACT
This request will assist in reducing outstanding receivables for the City.
0
0 Mayor and Council Members
October 7, 2008
Page 20f2
ACTION REQUIRED
The Andover City Council is requested to approve the attached resolution declaring costs and ordering
the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street
lighting service charges, mowing fees, tree removal and false alarm fines. The Andover City Council
is also requested to. approve the attached resolution scheduling a public hearing for the purpose of
certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree
removal and false alarm fines.
Respectfully submitted,
'ii7j~
Lee Brezinka
Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll
Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges, Mowing
Fees, Tree Removal and False Alarm Fines
0
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
0 RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT
ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF
DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL AND
FALSE ALARM FINES
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent utility service charges, mowing fees, tree removal and false alarm
fines in the amount of $89,568.40 exist as of October 2,2008; and
WHEREAS, City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and City
Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm
sewer, street light service charges, mowing fees, tree removal and false alarm fines respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. The amount of the cost to be assessed against benefited property owners is declared to
be $89,568.40 plus an administrative fee of 15%.
0 2. Assessment shall be payable in equal annual installments extending over a period of 1
year. The first of the installments to be payable on or before the first Monday in January 2009,
and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the
assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate
the proper amount to be assessed against every assessable lot, piece or parcel of land, without
regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed
assessment in the Clerk's office for public inspection.
1. The Clerk shall, upon the completion of such proposed assessment, notify the Council
thereof.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL;
1. A hearing shall be held the _ day of , 2008 at the Andover City Hall at
P.M. to pass upon such proposed assessment and at such time and place all
persons affected by such proposed assessment will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
0 assessment to be published once in the official newspaper at least two weeks prior to
the hearing.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor, pay the whole assessment with no interest.
0 MOTION seconded by Councilmember and adopted by the City Council at a
regular meeting this 7th day of October, 2008, with Councilmembers
voting in favor of the
resolution, and Councilmembers voting against, whereupon said resolution was
declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
0
0
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka
County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota on at _ PM to pass upon the proposed assessment
for the improvement of delinquent sewer, water, storm water utility, street light charges,
mowing fees, tree removal and false alarm fines in the City of Andover.
The proposed assessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed assessment roll is $89,568.40. Written or oral
objections will be considered at the meeting. No appeal may be taken as to the amount
unless a signed, written objection is filed with the Clerk prior to the hearing or presented
to the presiding officer at the hearing. The Council may upon such notice consider any
objection to the amount of a proposed individual assessment at an adjourned meeting
upon such further notice to the affected property owner, as it deems advisable.
0 An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the city
within 30 days after adoption of the assessment and filing such notice with the District
Court within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk
0
C I T y 0 F ~
NDOVE
0
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
CC: Jim Dickinson, City Administrato
David D, Berkowitz, Director of Public orks/City Engineer ~
FROM: Jason Law, Assistant City Engineer
SUBJECT: Receive Assessment Roll/Order Public Hearing/2008 Overlays (08-2A, Northglen
Area & 08-2B, Grow Oak View Estates) - Engineering
DATE: October 7, 2008
INTRODUCTION
The City Council is requested to receive the assessment roll and approve the resolution for the hearing on
the proposed assessment for the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View
Estates).
DISCUSSION
Two development areas were reconstructed this summer as part of the 2008 Overlay program. The
0 areas were Grow Oak View Estates and the Northglen Area (see attached maps). In accordance with the
Roadway Reconstruction Assessment Policy, twenty-five percent (25%) of the total projects costs
associated with each of these projects are being assessed to the benefiting properties,
The total project cost is $851,365,67, with $210,900.97 to be assessed to the benefiting properties. The
feasibility report and actual assessment rates are as follows:
Feasibility Actual
. Northglen Area (121 units) $1,730.00 $1,353.04
. Grow Oak View Estates (13 units) $3,780.00 $3,629.44
The Assessment Roll is on file in the City Clerk's office for review.
BUDGET IMPACT
The City's portion of the project ($640,464.70) will be funded from the Road & Bridge Fund, with the
remainder ($210,900.97) assessed to the benefiting properties. The reconstruction of these areas will
reduce ongoing maintenance costs such as pothole patching and temporary resurfacing.
ACTION REQUIRED
The City Council is requested to receive the assessment roll and approve the resolution for the hearing on
the proposed assessment for the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View
Estates). The Public Hearing will be scheduled for the first regular City Council meeting in November.
0
son J. Law, PE
Attachments: Resolution~aps../
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2008
OVERLAYS, PROJECT NOS. 08-2A (NORTHGLEN AREA) & 08-2B (GROW OAK
VIEW ESTATES).
WHEREAS, by a resolution passed by the City Council on September 16. 2008,
the City Clerk was directed to prepare a proposed assessment of the cost of the
improvement for Project Nos. 08-02A & 08-02B ,
WHEREAS, the City Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota:
1. A hearing shall be held the day of ,2008 ,in the City
0 Hall at 7:00 PM to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvements will be given an
opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and she shall state in the notice the total cost of improvement. She shall
also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearings,
MOTION seconded by Councilmember and adopted by the
City Council at a reQular meeting this th day of October , 2008 , with
Councilmembers voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
0 Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
City of Andover - 2008 Overlays - Northglen Area
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Map Date: 10/19/2007
Data Date: October 10, 2007
Sources: ANDOVER GIS
ANOKA COUNTY ASSESSOR
Disclaimer:
Copyright (0 2006 - iver's dge Gl I Ll .
City of Andover - 2008 Overlays - Grow Oak View Estates
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MAP LEGEND:
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Map Date: 10/19/2007
Data Date: October 10, 2007
Sources: ANDOVER GIS
ANOKA COUNTY ASSESSOR
Disclaimer:
Copyright@2 .iver'sdgel,L.
0 CITYVE ~
NDO'~~_
1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWWoCI.ANDOVER.MNoUS
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Approve License for Use of Digital Ortho and Oblique Aerial Photographs
DATE: October 7, 2008
INTRODUCTION
Anoka County is offering the availability of Pictometry to all municipalities within Anoka
County.
DISCUSSION
0 Attached to this staff report is an introductory letter from Anoka County and the license
agreement "For Use of Digital Ortho and Oblique Aerial Photographs".
The City of Andover does currently have a "License Agreement for Use of GIS Database" with
Anoka County in place so that agreement has not been attached.
City staff is recommending approval.
ACTION REQUESTED
Approve "License for Use of Digital Ortho and Oblique Aerial Photographs" with Anoka
County.
-
Attachments
0
COUNTY OF ANOKA
OFFICE OF COUNTY ADMINISTRATION
GOVERNMENT CENTER
2100 3RD AVENUE STE 700 · ANOKA, MN 55303-5024
(763) 323-5742
September 24, 2008
DAVID J. MINKE
Deputy County Administrator
Mr. Jim Dickinson, City Administrator
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear Mr. Dickinson:
0 I am pleased to announce the availability of Pictometry to all the municipalities within Anoka
County. The Pictometry product is a digital oblique aerial imaging photography software tool
that, when integrated with our Geographic Information System (GIS), will provide high
resolution images of all parts of the county from multiple views. Earlier this year the county
entered into a license. agreement with Pictometry International, Corporation. As part of this
license agreement, we are authorized to share this software tool with other local governmental
entities within the county.
>- Pictometry can be made available to each municipality under the enclosed
License for Use of Digital Ortho and Oblique Aerial Photographs. Under
this agreement, the county is able to offer an electronic copy of the
photographs and software to view the images at a cost of $224 (which
covers the cost of the storage device used to transport the images).
>- Additionally, in order to gain full benefit of Pictometry, your municipality
will need to subscribe to our GIS data subscription License Agreement for
Use of GIS Database with an .annual fee of $250. Several municipalities
already subscribe to this data. The GIS data subscription will give you
additional information to link with your Pictometry photographs such as
parcel boundaries, ownership and property tax information. I have also
included a copy of this license agreement for your review.
0
FAX: 763-323-5682 Affirmative Action I Equal Opportunity Employer TDD/TTY: 763-323-5289
September 24, 2008
Page 2
0
If you would like to gain access to Pictometry, need additional information. or have any
questions, please feel free to contact John Slusarczyk, Anoka County GIS Coordinator. He can
be reached by telephone at (763) 323-5503 or email at iohn.slusarczvk@co.anoka.mn.us.
Sincerely,
~
. Deputy County Administrator
DM:de
Enclosures:
. Pictometry License Agreement: License for Use of Digital Ortho and Oblique Aerial
Photographs
. GIS License Agreement: License Agreement for Use of GIS Database
0
0
0 Anoka County Contract No. 2008- (j a~ 0
LICENSE FOR USE OF
DIGITAL ORTHO AND OBLIQUE AERIAL PHOTOGRAPHS )-
THIS LICENSE AGREEMENT is made and entered into this day of ,
2008, by and between the County of Anoka, a political subdivision of the State of Minnesota
("County") and , ("Licensee.")
WITNESSETH
WHEREAS, the County entered into an agreement with Pictometry International Corp., a
Delaware corporation ("Pictometry") for the purchase of digital ortho and oblique aerial photographs
and an information system license for software identified as Anoka County Contract No. 2008-0013
("Contract"); and
WHEREAS, as part of the Contract, Pictometry granted to the County a license to share the
software and images with cities, townships, school districts, political subdivisions, quasi-
governmental entities and others within the County of Anoka; and
WHEREAS, subject to the terms and conditions contained herein, Licensee wishes to use
and the County agrees to provide the Pictometry software and images associated with the
Ag reement.
0 NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the
parties agree as follows.
Section 1
GRANT OF LIMITED LICENSE
1.1 The County hereby grants to Licensee a non-exclusive, non-transferrable and non-
assignable limited use license to use the digital orthographic and oblique aerial photographs and
information system software associated with the Pictometry images described in Exhibit A
("Pictometry Imagery").
Section 2
ACKNOWLEDGEMENT OF PROPRIETARY INFORMATION
AND RESERVATION OF TITLE
2.1 Licensee acknowledges and agrees that the Pictometry Imagery is the exclusive property of
Pictometry and is duly licensed by the County.
2.2 Licensee agrees that Pictometry owns the Pictometry Imagery and reserves all ownership,
proprietary rights, confidential and/or trade secret rights, and all protections and benefits
afforded under law. The granting of this license does not affect and doe~ not transfer any
title in or to any Pictometry Imagery to the Licensee.
Section 3
PROTECTION OF PROPRIETARY INFORMATION
0 3.1 Licensee agrees to only use the Pictometry Imagery in the ordinary course of its business
and all such use shall bear the provided notices of copyright by Pictometry, Licensee shall
protect the Pictometry Imagery from unauthorized access, use, duplication, dissemination, or
disclosure. Licensee agrees to immediately notify the County of any unauthorized access to 0
the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate
any Pictometry software to. any other puplic or private entity,
3.2 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other
marks to any Pictometry Imagery.
Section 4
TERM AND TERMINATION
4.1 This License shall commence on the day and year first written above and continue in effect
until termination is hereinafter provided.
4.1 This agreement shall terminate upon termination and/or expiration of the County's
agreement with Pictometry.
4.3 Either party may terminate this agreement upon ninety calendar days written notice to the
other,
4.4 Within five days after expiration or termination of this agreement, the Licensee shall return
the Pictometry Imagery and all copies thereof to the County, or by the request ofthe County,
the Licensee shall destroy all of the same and all copies thereof and certify in writing to the
County that the same has been destroyed.
Section 5
OTHER TERMS AND CONDITIONS
5.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be 0
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
5,2 No Waiver. No delay or omission to exercise any right or power occurring upon any
noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof
unless the same is consented to in writing. All remedies provided for in this Agreement shall
be cumulative and in addition to, and not in lieu of, any other remedies available to either
party at law, in equity; or otherwise.
5.3 Governing Law. This Agreement shall be govemed by and construed in accordance with
the laws of tne State of Minnesota.
5.4 Entire Agreement. This License Agreement constitutes the entire agreement between the
parties, and there are no understandings or agreements relative hereto other than those that
are expressed herein. No change, waiver, or discharge hereof shall be valid unless in
writing and executed by the party against whom such change, waiver, or discharge is sought
to be enforced.
5,5 No Assignment The Licensee shall not assign or transfer this Agreement, either in whole
or in part, without the prior written consent of the County, and any attempt to do so shall be
void and of no force and effect.
5.6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTOMETRY
IMAGERY ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND 0
WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES,
-2-
0 disclosure. Licensee agrees to immediately notify the County of any unauthorized access to !
the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate \
any Pictometry software to any other public or private entity.
3.2 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other
marks to any Pictometry Imagery.
Section 4
TERM AND TERMINATION
4.1 This License shall commence on the day and year first written above and continue in effect
until termination is hereinafter provided.
4.1 This agreement shall terminate upon termination and/or expiration of the County's
agreement with Pictometry.
4.3 Either party may terminate this agreement upon ninety calendar days written notice to the
other.
4.4 Within five days after expiration or termination of this agreement, the Licensee shall return
the Pictometry Imagery and all copies thereof to the County, or by the request ofthe County,
the Licensee shall destroy all of the same and all copies thereof and certify in writing to the
County that the same has been destroyed.
Section 5
0 OTHER TERMS AND CONDITIONS
(
5.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
5.2 No Waiver. No delay or omission to exercise any right or power occurring upon any
noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof
unless the same is consented to in writing. All remedies provided for in this Agreement shall
be cumulative and in addition to, and not in lieu of, any other remedies available to either
party at law, in equity; or otherwise.
5.3 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of t1ie State of Minnesota.
5.4 Entire Agreement This License Agreement constitutes the entire agreement between the
parties, and there are no understandings or agreements relative hereto other than those that
are expressed herein. No change, waiver, or discharge hereof shall be valid unless in
writing and executed by the party against whom such change, waiver, or discharge is sought
to be enforced.
5,5 No Assignment The Licensee shall not assign or transfer this Agreement, either in whole
or in part, without the prior written consent of the County, and any attempt to do so shall be
void and of no force and effect.
5.6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTONlETRY
0 IMAGERY ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND
WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, (
-2-
0 INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR
PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE
PICTOMETRY IMAGERY.
THE COUNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR
ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY
IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO
TERMINATE THIS AGREEMENT. TIiE COUNTY DOES NOT WARRANT 'THAT THE
PICTOMETRY IMAGERY ARE ERROR FREE. THE PICTOMETRY IMAGERY WERE
DEVELOPED AND/OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS
PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY
IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE
REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR
PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY
DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS
LICENSE AGREEMENT OR THE PICTOMETRY IMAGERY.
5.7 Damages. The County and the Licensee agree each will be responsible for their own acts
and omissions under this Agreement and the results thereof to the extent authorized by law
and shall not be responsible for the acts or omissions of the other party under the
Agreement and the results thereof. In no event shall the County be liable for actual, direct,
indirect, special, incidental, consequential damages (even if the County has been advised of
the possibility of such damage) or loss of profit, loss of business or any other financial loss
or any other damage arising out of performance or failure of performance of this Agreement
0 by the County. The parties' respective liabilities shall be governed by the provisions of the
Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This
paragraph shall not be construed to bar legal remedies one party may have for the other
party's failure to fulfill its obligations under this Agreement.
5.a Compliance. The parties shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or certified
mail to the other party address as follows:
To Licensee:
To County: Anoka County Administrator's Office
c/o David Minke
2100 Third Avenue
Anoka, MN 55303
Copy to: Anoka County Attorney's Office
2100 Third Avenue
Anoka, MN 55303
0
-3-
5.10 Whereas Clause . The matters set forth in the "Whereas. clauses on page one of this 0
Agreement are incorporated into and made a part hereof by this reference.
5.11 Survival of Provis.ions. It is expressly understood and agreed that the obligations and
warranties which by their sense and context are intended to survive the performance thereof,
including but not limited to obligations respecting proprietary rights and confidentiality, shall
so survive the completion of performance and/or termination or cancellation. of this
Agreement.
5.12 Authority. The person or persons executing this License Agreement on behalf of Licensee
represent that they are duly authoriz~d to execute this License Agreement on behalf of
Licensee and represent and warrant that this License Agreement is a legal, valid and binding
obligation and is enforceable in accordance with its terms,
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the dates so
indicated.
COUNTY OF ANOKA, A POLITICAL (~\~ ~~ ~~jOJ.Q{
SUBDIVISION OF THE STATE OF
MINNESOTA
By:
By:
Its:
Its:
, Dated:
Dated: .0
ATTEST
By: By:
Its: Its:
Dated: Dated:
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
Dated: 1:\CIV\DK\CONTRACT\2008\Lic for Use of Digital Ortho and
Oblique Aerial Photographs-Ia.doc
0
-4-
0 5.10 Wher as Claus . The matters set forth in the "Whereas" clauses on page one of this (
Agreement are incorporated into and made a part hereof by this reference.
5.11 Survival of Provisions. It is expressly understood and agreed that the obligations and
warranties which by their sense and context are intended to survive the performance thereof,
including but not limited to obligations respecting proprietary rights and confidentiality, shall
so survive the completion of performance. and/or termination or cancellation. of this
Agreement.
5.12 Authority. The person or persons executing this License Agreement on behalf of Licensee
represent that they are duly authorized to execute this License Agreement on behalf of
Licensee and represent and warrant that this License Agreement is a legal, valid and binding
obligation and is enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the dates so
indicated.
COUNTY OF ANOKA, A POLITICAL (~\~ ~t 1\~jO;J~{
SUBDIVISION OF THE STATE OF
MINNESOTA
By:
By:
Its:
Its:
. Dated:
0 Dated:
(
ATTEST
By: By:
Its: Its:
Dated: Dated:
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
Dated: 1:\CMDK\CONTRACT\2008\Lic for Use of Digital Ortho and
Oblique Aerial Photographs-Ia,doc
0 (
-4-
0 Exhibit A
. . To License Agreement
Between Anoka County and
Imattes:
The term Pictometry Imagery, as used in this Agreement, shall mean the digital orthographic and
oblique aerial photograph(s) and information system associated with Pictometry software and
the following:
1) those selected images, as mutually defined by the parties, associated with the
aerial photography performed in 2008 ("2008 Pictometry Images"); and
2) Licensee understands and agrees that the granting of this License shall in no way
be construed as the granting or continuation of this License to view digital
orthographic and oblique photographs for later f1yovers.
Cost:
A. Licensee understands that the County will be providing the 2008 Pictometry Images at no
cost to Licensee. Licensee acknowledges that they may be charged for the cost of aerial
photography performed in future years.
B. The County will deliver Pictometry images via an external digital storage device provided
by the County. Prior to the delivery of the storage device, the Licensee shall reimburse
0 the County for the cost of downloading the information into the storage device and the
storage device. Licensee further acknowledges and understands that to have full access
to the Pictometry Images the Licensee will need access to the County GIS database,
which the Licensee shall procure under separate license from the County. .
0
- 5-
0 C} T bVE _. @
ND. ..0
""",",'-.. ,"--
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: Jim Dickinson, City Administrator
SUBJECT: Special Presentation - St. Francis School District (ISD # 15)
DATE: October 7, 2008
INTRODUCTION
The St. Francis School District (ISD # 15) has requested the opportunity to present information
to the City Council regarding the upcoming operating levy vote.
DISCUSSION
0 Representatives from the St. Francis School District (ISD # 15) will be present at the meeting to
provide a presentation to the Council and answer any questions the Council may have.
Attached you will find a presentation submitted by the School District.
ACTION REQUIRED
Receive a presentation from the St. Francis School District (ISD # 15).
'-
0
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0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrato
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Declare Dangerous Dog
DATE: October 7, 2008
INTRODUCTION
The following is a chronology leading to this request:
On April 29, 2007 a dog left its property and bit a woman while jogging.
May 10, 2007 a letter from the City identifying the dog as "potentially dangerous" was
sent to the dog owner.
0 On Friday, August 15,2008 this same dog left its property and was aggressive towards a
man and his dog.
DISCUSSION
Attached is a police report explaining the circumstances of each incident. In response to
the first report, pursuant to City Code 5-1A-ll (A) is a letter from the City identifying the
dog as "potentially dangerous".
Pursuant to City Code 5-1A-ll(A), in the event a complaint is received that would justify
the classification of a dog as "dangerous" the City Council can declare the dog a
dangerous dog and require the owner to maintain a proper enclosure, post a warning sign
including a warning symbol to inform children that there is a dangerous dog on the
property, purchase a surety bond or policy of liability insurance in the amount of at least
$50,000 insuring the owner for any personal injuries inflicted by the dangerous dog.
Ms. Mesler has been informed of the time and place of this meeting and may appear to
provide testimony.
ACTION REOUESTED
0 The City Council is requested to consider adopting the attached resolution declaring the
New Foundland/Labrador Retriever Mix (named "Elliot") a dangerous dog and order the
owner to comply with the above requirements.
Respectfully submitted,
0 \-!r~~~
Michelle Hartner
Deputy City Clerk
Attach: Police reports, "Potentially Dangerous" Letter, City Code, Resolution
Cc: Barbara Jean Mesler, 15625 Avocet St. NW, Andover, MN 55304
0
0
II' ~.:; '. .
'. .
J .", I-
: :
, NOTICE OF IlPOTENTIALL Y DANGEROUS DOGTI
0 ,
.
ICR #: .D 1- :--013111::0 .._.'--~- ." .' .
.
- .
ame of O~er: !f~/I~ ,-;p,l~(- ~----- -Oate of N~tification: 11J7/~ t
~dress: . .t 5'025 kV6C.tf $t Date of Birth: A .
AaMrev I AJI( . n83D4 Citation N~mber: ')1 A
::>me Phone: . 7(P3 - .J1.l?* J ~. . Business Phone: )( A (
I
.
t ,
:e of Dog: ~It: Breed: '~oJJ Color: ,W-
-, 3 (j(j
Age:
~utered!Spayed: /yES.
o NO
c/ 4fry, J},tlNY1 0 . was bitb;n
Pe son. f. .ar domestic animal :
0 while .9n public prop:erty was
chased or
P l:rsOtl approached by. the above said dog,.
in
apparent attitude of attack without
.provQcation or; ....
0 The above said dog ha~ on t~e following dates in the past attacked, p~rs6ns or oth~r
domes~c aniI:na:Is ~ithout provocation!
Date . Time I.C.R. #
. ""'!:""""._....;.~..... . .......,1
..
... ..-
, t' ,....~~r-:'~.~.~:.:". 'I. i!
Dat~ Tim~ tC.R. #
.-.------ --_..~..,- .. . .~ ., . . . -'" .
, ~ . ....'~,., ,. >'. i;~;'~.~~'.~i~i. ,~~,;,;..,~f....
'
Date' > .."'?I1:te,.... i,.' .... .., I.C.R.il .. .
#.-! ..,~, ."~ ". ,.;':'.. .' ".: \ .
..
, - . i i .-
. ". . '
- ..
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-.
" ..". . . ..
-
-,
, ~;ed By: -1!jiifi: -
,
ted: .~()
-
. ~ Itle '
. Dep.u . Na~e. .
0 . I' . Anoka County Sheriff's Department
I Anok.a COOPty, M~nnesota '
. Dog Owner
.' '.
Anoka Courty Prop~rty Tax Administration.
.- -;... .-
Agency Name: ORI. JCF:D Add" 0 -
Q ANOKA COUNTY SHERIFFS OFFICE MN0020000 Pages: . *07093236*
Reporting cer(s : 1$0.00 I
~ Total Value Stolen (Prql8I\y):
I- C1ea : Total Value Damaged (Prllperty): I $0.00 I
Z 0935
w
C Total Value Recovered (Property): I $0.00 I
(j
2:
Location 0 Offense/Incident: Apt.: Grid:
15625 AVOCET ST NW ANDOVER, MN 55304. A70000 - ANDOVER HANSON>UNIV,-->161ST
MOC Cod : Classification: Disposition:
- 09561 ANIMAl- DOG BITES ASSISTED/ADVISED
~
w
en
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w
U.
LL
0
Incident Narrative 1
DONOFRIO REPORTED THAT WHILE JOGGING PAST THE L.O.!. THE DOG THAT LIVES THERE RAN ACROSS
THE YARD INTO THE STREET AND BIT HER ON THE RIGHT THIGH. THE CUT WAS ABOUT THREE INCHES
LONG, VERY RED, !3UT NOT DEEP. I THEN SPOKE WITH THE OWNER WHO SHOWED ME PROOF OF
w CURRENT RABIES SHOT. I THEN TOLD THE OWNER TO ALWAYS KEEP DOG ON LEASH IN OR OUT OF THE
> YARD AND THAT THE DOG MUST BE QUARANTINED FOR TEN DAYS, DONOFRIO WAS INFORMED THAT
~ THE DOG HAD CURRENT SHOTS. NO FURTHER ACTION. CLEAR.
a: CSO DISCHER
<C
0 :KH 5/2/07
CC: CITY OF ANDOVER
NAME CODES A - Adult Arrested. AC - Arresllng Citizen, C - Complainant, 0 - Driver. F - FamnylParent, G - Guardian, J - Juvenile Arrested.
M - Mentioned, MP - Mi8slng Person, 1- Other Involved, 0 - Owner. P - Passenger, PT - Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Wllness
arne:
DONOFRIO, WIlLIAM THOMAS
.
...
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
May 10, 2007
Melissa Mesler
15625 Avocet St. NW
Andover, MN 55304
Dear Ms. Mesler:
Your dog has been classified as "potentially dangerous" because of an
incident where the dog bit a human being.
0 In the event your dog again aggressively attacks, bites or otherwise
endangers the safety of humans or domestic animals, the city may declare
the dog to be a "dangerous dog" and it will be subject to restrictions,
including abatement.
I have enclosed a copy of Ordinance 233 for your review.
If you have any questions, please feel free to call me at 763-767-5102.
Sincerely,
{[J.; U,../,b
Vicki V olk
City Clerk
Ene I.
0
t \-i~ o~
M~
.
NOTICE OF II POTENTIALL Y DANGEROUS DOGII
-0
leR#: ~8-lqsb41-
lame of Owner: '&-rbCLY ~ '".Jekh IV\. cl.se.y" Date of Notification: ~ I Ui,j og
. ,
~ddress: I~ 2. ') ft-I/D(C-+ Sf IlItv Date of Birth:
fh,c/ovr r /L-1/ V !::;, ---s- 3 () <./ Citation Number: r1
/ CL.
iome Phone: 1~3- 4-/3- 2s238 Business Phone:
.
I
Vl t: v(..).-IDu-.-~ L~",-d I Color: -hI ClcK
Jame of Dog: E"Jll^D+ Breed: LaJoVC<.C/oy Vi':-ir1e...ve.r
VY\ I f-
lex: /IV\. Cc-l G- Age: ~J' V-S
Jeutered/Spayed: tKt. YES
o NO
:.Q
was bitten
Person or other domestic animal
~. lft .W'\ t \ '( l.LW\ ml'Y\oS. 'DD Yl crPri 0 while on public property.was chased or
Person appro
ched by the above said dog in
apparent attitude of attack without
provocation or;
~. ~ The above said dog has on the following dates in th~ past attacked, persons or other
domestic animals without provocation: -
1/J-rlo>r 08:!J1-IUr1 O:r - ocr323t:>
Date Time I.C.R. #
.
Date Time l.C.R. #
Date Time I.C.R. #
)1:$: ~I fif) 0% Signed By: (]SDS CtnJOSoAn ClrttnWJUtttmle
, Dep.uties Name
Title .
'cer.
/ . Anoka County
Sheriff's Department
/ Anoka Coupty, Minnesota
C; Dog Owner
Anoka County Prop~rty Tax Administration
Page 1 of2
ANOKA COUNTY SHERIFF'S OFFICE 08195642
0 325 E MAIN ST, ANOKA MN 55303
DISP
DANGEROUS ANIMAL 09569 S
CLASSIFICATION CODE DISP CLASSIFICATION CODE
D
REPORTING OFFICER(S)
, CS002 ANDERSOHN, SIENNA .--..^.-.--.,
...... .........-..-..".-..
DATE REPORTED ASSIGNED .ARRIVED , CLEARED EARLIEST DATEITIME OCCURRED , LATEST DATEITIME OCCURRED
l ~!~~~!2~9~. ... ',.., ~. ...."..."."....".. '.'" . ..!?~?~.".""..".~,?g~"".,,,....1.~Q_,..,~._,..,.._'.,~'_"."....._'_".'..'_..'.""''''..','.'.',.'...'''.'".L,_...."",-'.-,...----,
~,-,-,."'''
'LOGA floN'OF'O'FFENSE/IN'ciDENT'. ... ..,. '.' '" ..".",. ..,.".,,.,,,. --,,, APTIi.;GRi6"'TvAWESTOTE'tr'..'- Fi>IiJE DAMAGEO.'''''''.''fVALUE'RECOVERE
; 15600 BLOCK AVOCET ST NW, ANDOVER, MN 55304- , ; A70 i $ : $ i $
,.,"';::t.t'."RE'PORTING"PARTyiS"NP}:;;'g""""""..''",0,.,,,.,,,=,,,,,"-",,..,,.,.,.,,,..,,,,,,,,,,,,,,,,0;,,,,,,.,,,,,,,'~=,,=,:== '.'DATE..O'F""B1RTH"""'''''''''SEX'f'R'ACE'T'Ho'ME'
P'HONE''=,,.,,,,,",,==,,,,,,"=,
A WILLIAM THOMAS DONOFRIO .,U..,... .'~,.JW
763-208-1648
..'CITY' .-........ .......-,-.
, ADDRESS APT STATE 'ZIP , WORK PHONE
15608 AVOCET ST NW ANDOVER MN 55304- ".J. -
I
NARRATIVE
,DISPATCHED ON A PHONE CALL REPORT OF AN AGGRESSIVE DOG.
UPON CONTACTING RP BY PHONE, HE ADVISED THAT WHILE HE WAS WALKING HIS DOG THIS MORNING ON THE OPPOSITE
SIDE OF THE STREET FROM 15625 AVOCET ST NW., A LARGE BLACK DOG CAME CHARGING AT HIM FROM THAT RESIDENCE.
STATED IT "BOLTED INTO THE STREET AFTER HIM AND HIS DOG, VERY VIOLENTLY BARKING, WITH OBVIOUS INTENT TO DO
VIOLENCE."
0 THE RP WAS FRIGHTENED ENOUGH THAT HE USED THE PEPPER SPRAY HE CARRIES ON THE DOG BECAUSE HE WAS "FEAR
FOR MYSELF AND MY DOGS WELL-BEING," AND IS CERTAIN IF HE DID NOT HAVE IT, HE WOULD HAVE BEEN BITTEN. THE RP
ADVISED THAT AFTER HE USED THE SPRAY, THE DOG RAN BACK INTO IT'S YARD. HE DID NOT SEE ANYONE OUTSIDE AT THI
RESIDENCE WHEN THE INCiDENT OCCURRED.
RP REQUESTED iT BE MENTIONED THAT A CONTRACTOR NAMED "KEN" WORKING IN THE AREA WITNESSED THE INCIDENT.
IT SHOULD BE NOTED THAT THIS DOG HAS BITTEN IN THE PAST, SEE 07-093236, ALONG WITH 06-115242 FOR COMPLAINT OF
DOG CHASING RESIDENTS IN THE NEIGHBORHOOD.
NOTICE OF POTENTIALLY DANGEROUS DOG COMPLETED AND FORWARDED TO CITY HALL.
SUPPLEMENT TO FOLLOW.
CSO S. ANDERSOHN
TD
SUPPLEMENT OFFICER:
ON 8/18/09 AT 0904 HOURS I MADE CONTACT AT THE RESIDENCE OF 15625 AVOCET ST NW IN REGARDS TO THEIR DOG. UPC
SPEAKING WITH THE OWNER, MELSER, I INFORMED HER OF THE INCIDENT AND THE STATEMENTS MADE BY THE RP. SHE
STATED THAT HER DOG IS VERY FRIENDLY TOWARDS PEOPLE AND OTHER ANIMALS, WITH THE EXCEPTION OF THE RP ANC
0 HIS DOG. SHE STATED THAT HER DOG WORKS AS A GREETER AT A LOCAL GOLF COURSE. I ADVISED HER THAT SHE NEEDS
KEEP THE DOG UNDER CONTROL AND ON HER PROPERTY AT ALL TIMES, REGARDLESS OF THE BELIEF THAT THERE IS
SOMETHING SPECIFIC WITH HER DOG AND THE RP.
Page 2 of2
SHE PROVIDED INFORMATION ON HER DOG FOR THE pOTENTIALLY DANGEROUS DOG FORM, AND WAS INFORMED ONE WA
O BEING COMPLETED. SHE WAS AGAIN WARNED ABOUT THE NEED TO KEEP THE DOG ON HER PROPERTY OTHERWISE IT Will
RESULT IN A CITATION.
NFA, CLEAR.
CSO S. ANDERSOHN
AlJ/U CODE NAME DOB SEX RACE HGT WGT HAIR
A .0 BARBARA JEAN MELSER F W 509 190 BRO I
APT CITY
ANDOVER MN
HOMEi BUSoPHONE- . . . ..'WORKi2N'DEllJSPHONi";CELL!PAGER7FAX""
763-757-2919
. AlJ/U . CODE NAME '.;D08 ........[SEX!RACErHGTr~GT:HAiR;
APT CITY . ; stAtE ZIP
.'c=,-,.-oiNoRK72ND'Bus PH'ONE-~'-.CEiL.7PAGER IFAX" "M'
HAIR
ADDRESS APT CITY STATE ZIP
o ALIAS ; HOME I BUS PHONE . WORK 2ND BUS PHONE CELL I PAGER I FAX
ENTRY 1 ENTRY 2 ENTRY 3 ENTRY 4 SUPERVISOR COPY TO RELATED CASE NUMBERS:
ANDOVER CITY HAL
o
0
CHAPTER 1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1 : Definitions
5-1A-2: Dog Licensing Requirements; Exemptions
5-1A-3: Number Of Dogs And Cats Restricted
5-1A-4: Violations
5-1A-5: Control Of Animal; Excrement Removal Required
5-1A-6: Obligation To Prevent Nuisances
5-1A-7: Impoundment And Redemption Provisions
5-1A-8: Permissible Return Of Unrestrained Dogs And Cats
5-1A-9: Improper Care And Treatment Prohibited
5-1A-10: Muzzling Proclamation
5-1 A-11 : Dangerous And Potentially Dangerous Dogs And Cats
5-1A-12: Summary Destruction Of Certain Dogs
0 5-1A-13: Dog Kennels
5-1A-14: Dog Enclosures
5-1A-15: Enforcement Officials
5-1A-16: Citations
5-1A-17: Abatement Of Nuisance Conditions
5-1A-18: Violation; Penalty
5-1A-1 : DEFINITIONS:
ANIMAL SHELTER: Any premises designated by the City Council for the
purpose of impounding and caring for the dogs and
cats held under the authority of this article,
BITING DOG: Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
0 express or implied invitation of the owner.
0 DANGEROUS DOG/CAT: Any dog/cat that has:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private property;
or
B, Without provocation, killed or infliCted substantial
bodily harm on a domestic animal while off the
owner's property; or
C, Been found potentially dangerous, and after the
owner has been notified that the dog/cat is potentially
dangerous, the dog/cat aggressively bites, attacks, or
endangers the safety of humans or domestic animals,
DOG ENCLOSURE: An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs, The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6') in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4") in thickness shall be present that covers
the inside and perimeter of the enclosure.
0 FREQUENT BARKING: Barking intermittently for 30 minutes or more,
(Amend. 9/18/07; Ord, 354)
HABITUAL BARKING: Barking for repeated intervals of at least five minutes
with less than one minute of interruption. (Amend,
9/18/07; Ord. 354)
KENNEL; Any place where a person accepts dogs from the
COMMERCIAL 1: general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein 2,
KENNEL; PRIVATE 3 : A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
0 1 See also section 12-2-2 of this code, definition of "dog kennel, commercial".
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12-2-2 of this code, definition of "dog kennel, private"
0 they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein4,
NUISANCE: It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
C. To frequent school grounds, parks, or public
beaches while unrestrained;
D, To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
0 private; or
F, To leave excrement on any property, public or
private,
OFFICER: Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article,
OWNER: Any person, firm, partnership or corporation
owning, harboring, or keeping dogs or cats,
POTENTIALLY
DANGEROUS DOG/CAT: Any dog/cat that:
A. When unprovoked inflicts bites on a human or
domestic animal on public or private property;
8, When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
0
4 See title 12, chapter 7 of this code for fence requirements and restrictions.
0 streets, sidewalks, or any public or private property,
other than the dog/cat owner's property, in an
apparent attitude of attack; or
C, Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
RESTRAINT: A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control. (Amended Ord, 233,
11-4-1997; amd, 2003 Code)
UNPROVOKED: The condition in which an animal is not purposely
excited, stimulated, agitated, or disturbed, (Amend,
9/18/07; Ord, 354)
5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
0 any dog over six (6) months of age without first obtaining a license from
the City Clerk, No license shall be issued to any person other than the
owner except upon the written request of owner.
8, Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1, The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner; and
3. The breed, sex, and age of the dog for which a; license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
(Amended Ord, 233, 11-4-1997)
0 D, License Fee; Expiration Of License: The license fee shall be in such
0 amount as set forth by ordinance 1 and shall expire in accordance with the
date shown on the license receipt. (Amended Ord. 233, 11-4-1997; amd,
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord, 233, 11-4-1997)
0
0 1 See subsection 1-7-3A ofthis code,
0 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No
person, firm or corporation shall harbor more than three (3) dogs over the age of
six (6) months in anyone-family residence unit or place of business except
pursuant to Section 5-1A-13 of this article, and no person, firm or corporation
shall harbor more than three (3) cats over the age of six (6) months in any one-
family residence unit or place of business that is located ona parcel of land three
(3) acres or less, (Amended Ord. 233,11-4-1997)
5-1A-4: VIOLATIONS:
A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog/calthat isa.nuisance shall be in violation of this
article, (Amended Ord, 233, 11-4-1997)
8. Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article,
(Amended Ord, 233,11-4-1997; amd, 2003 Code)
0 5-1A-5: CONTROL OF ANIMAL; EXCREMENT REMOVAL
REQUIRED:
A. Control Required:
1, The restriction imposed by Section 5-1A-4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash,
2, Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed,
8, Removal Of Excrement: Owners are required to clean up and
dispose of their pet's excrement. (Amended Ord, 233, 11-4-
1997; amd. 2003 Code)
5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
0 whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance, Failure on the part of the owner
0 or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided. (Amended Ord, 233, 11-4-1997)
5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
2, Dangerous Dogs And Cats:
a, Whenever any owner of a dog/cat shall learn that such dog/cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog/cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer,
dog/cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog/cat catcher shall learn that
0 any human being has been bitten by any dog/cat within the city, he/she
shall ascertain the identity of such dog/cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog/cat as
required herein, If in the opinion of such peace officer, dog/cat catcher, or
other authorized person, the owner of such a dog/cat cannot or will not so
impound the dog/cat, such peace officer, dog/cat catcher, or other
authorized person shall transport such dog/cat to the pound. under
contract to the city. Any dog/cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog/cat bit a
human being, The cost of such impounding and confinement shall be
borne by the owner of the dog/cat, if such owner can be found, which
costs shall be as stated for impounding and confinement elsewhere in this
article,
b. Upon learning that a dog/cat has bitten a human being, the
peace officer, dog/cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him/her of the place
where the dog/cat is impounded. It shall be the duty of the City Health
Officer to inspect said dog/cat from time to time during its period of
fourteen (14) days' confinement, and to determine whether or not such
dog/cat may be infected with rabies. For this purpose, he/she shall have
0 access to the premises where such dog/cat is kept at all reasonable
hours, and may take possession of the dog/cat and confine it at such
0 place as he/she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog/cat pursuant to the request of
a peace officer, dog/cat catcher, or other authorized person, the owner
shall promptly transport said dog/cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog/cat catcher or other authorized
person to transport the dog/cat to the contract pound, the owner shall be
in violation of this article.
8, Notice Of Impoundment:
1, Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG/CA T:
Date ,20
To whom it may concern:
0 We have this day taken up and impounded in the pound of the city at
, a dog/cat answering the following description: sex
- color breed approximate age
name of owner (if known)
Notice is hereby given that unless said dog/cat is claimed and
redeemed on or before o'clock _ .M., on the day of
, 20_ , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Animal control officer/city official
2, Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service,
3, Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day. (Amended Ord. 233,
0 11-4-1997)
0 C, Redemption Of Impounded Dogs And Cats: Any dog or cat may be
reclaimed from the animal shelter by. its owner within the time specified in
the notice by the payment to the City Clerk or his/her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article, (Amended Ord, 233, 11-4-1997; amd. 2003 Code)
D. Disposition Of Unclaimed Dogs And Cats:
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city,
2, Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord, 233, 11-4-1997)
0 5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5-1A-7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner, In such cases, however, proceedings may be taken
against the owner for violation of this article. (Amended Ord, 233, 11-4-
1997)
5-1A-9: REQUIRED BASIC CARE AND PROHIBITED TREATMENT:
(Amend, 9/18/07; Ord. 354)
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord. 233,11-4-1997)
5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of
0 rabies renders such action necessary to protect the public health and safety, the
Mayor shall issue a proclamation ordering every person owning or keeping a dog
0 to muzzle it securely so that it cannot bite, No person shall violate such
proclamation, and any unmuzzled dog unrestrained during the time fixed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided, (Amended
Ord, 233, 11-4-1997)
5-1A-11 : DANGEROUS AND POTENTIALLY DANGEROUS DOGS
AND CATS:
A. Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog/cat as a dangerous dog/cat
under this article, the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog/cat, in
writing, of the time and place of the Council meeting atwhich the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog/cat as a dangerous dog/cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog/cat as a
dangerous dog/cat. Such a determination shall be made upon the basis of
whether or not the criteria as found in Section 5-1A-1 of this article,
0 definition of the term "dangerous dog/cat", have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog/cat is classified as a dangerous dog/cat, the following shall apply:
1. The owner of the dog/cat shall be notified in writing and by certified mail
or personal service, that the dog/cat has been classified as a dangerous
dog/cat and shall be furnished with a copy of the resolution.
2, If the dog/cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name. If the
dog/cat is not impounded, the owner shall be notified that the dog/cat
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner furnishes to the city suitable photographs or other
identifying materials of the dog/cat, or makes the dog/cat available for the
taking of photographs by city staff for insertion in the permanent files,
3. The City Clerk shall maintain a permanent file of all dogs/cats classified
as dangerous dogs/cats indexed under the owner's name,
4, No person may own a dangerous dog/cat in the city unless the owner
complies with this section. Compliance with the registration requirement of
0 Minnesota Statutes Section 347.51 shall constitute compliance with this
article. The owner of the dangerous dog/cat must present sufficient
0 evidence that:
a, A proper enclosure exists for the dangerous dog/cat and a
posting on the premises with a clearly visible warning sign,
including a warning symbol to inform children that there is a
dangerous dog/cat on the property; and
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least fifty thousand dollars ($50,000.00) payable to
any person injured by the dangerous dog/cat, or a policy of liability
insurance issued by an insurance company authorized to conduct
business in the State of Minnesota in the amount of at least fifty
thousand dollars ($50,000,00), insuring the owner of any personal
injuries inflicted by the dangerous dog/cat. The requirements for the
warning sign or warning symbol shall be those as set forth in
Minnesota Statutes Section 347,51, (Amended Ord, 233, 11-4-
1997)
c, The owner of a dangerous dog/cat shall keep the dangerous
dog/cat, while on the owner's property, in a proper enclosure, If the
dog/cat is outside the proper enclosure, the dog/cat must be
0 muzzled and restrained by a substantial chain or leash and under
the physical restraint of an individual. The muzzle must be made in
a manner that will prevent the dog/cat from biting any person or
animal but that will not cause injury to the dog/cat or interfere with
its vision or respiration,
d, The animal control authority for the city shall immediately seize
any dangerous dog/cat if: 1) after fourteen (14) days after the
owner has been notified that the dog/cat has been declared a
dangerous dog/cat, the dog/cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog/cat has been declared a dangerous dog/cat, the owner
does not secure the proper liability insurance or surety coverage as
applied by this article; 3) the dog/cat is not maintained in the proper
enclosure; or 4) the dog/cat is outside the proper enclosure and not
under physical restraint of an individual. (Amended Ord, 233, 11-4-
1997; amd. 2003 Code)
5. The following are exceptions to the dangerous dog/cat classification:
a, The provisions of this section do not apply to dangerous
dogs/cats used by law enforcement officials for official work.
0 b, Dogs/cats may not be declared dangerous if the threat, injury, or
0 damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
owner of the dog/cat; 2) who was provoking, tormenting, abusing or
assaulting the dog/cat or who can be shown to have repeatedly, in
the past, provoked, tormented, abused, or assaulted the dog/cat; or
3) who was committing or attempting to commit a crime.
6, Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog/cat under this article shall prevent or prohibit the
prosecution at the same time of an owner of a dog/cat for violation of this
chapter under facts arising from the same occurrence as that which
generated classification procedures, The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances, (Amended Ord, 233, 11-4-
1997)
8, Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriffs Deputy, animal
control officer, or other duly authorized person, occurred under
0 circumstances which would justify the classification of the dog/cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog/cat, in writing, that the dog/cat has been classified as
potentially dangerous under this article. Said notice shall further inform the
owner that should the dog/cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog/cat to be a dangerous dog/cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog/cat to the City Clerk. (Amended
Ord, 233, 11-4-1997; amd, 2003 Code)
5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord, 233, 11-4-1997)
5-1A-13: DOG KENNELS:
A. Licensing Requirements:
0 1, Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
0 license therefore from the City Council and meeting the criteria as set forth
in this article and/or the zoning ordinance 1 ,
2. Applications For Licenses; Fees:
a, Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location, on premises, ofthe kennel.
(2) Location of structures for housing the dogs, If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state,
(3) The maximum number of dogs to be kept on the premises,
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 ,
(6) Method to be used in keeping the premises in a sanitary
condition,
0 (7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times,
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public. (Amended Ord,
233, 11-4-1997)
c, Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1-7-3A of this code,
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance, In both cases, the City Council may grant or deny
the license.
0 1 See section 12-15-6 ofthis code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
0 4. Renewal Of Licenses: All kennel licenses shall be renewed annually,
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance 1. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5, Requirements For Private/Commercial Kennel Licenses: A minimum of
two and one-half (2.5) acres in a residentially zoned district is required for
a private/commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private/commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance,
Amended Ord, 233, 11-4-1997; amd, 2003 Code)
6, Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or ,
regulation.
a. Private Kennel License: Before revoking a private kennel license,
0 the licensee shall be given notice of the meeting at which such
revocation is to be considered, Notice of the meeting shall be given
in writing five (5) days prior to said meeting, The licensee, if present
at said meeting, shall be given the opportunity to be heard,
b, Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance,
B, Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord. 233, 11-4-1997)
0 1 See subsection 1-7-3A of this code.
0 5-1A-14: DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
8, Screening: Dog enclosures must be screened from view of adjacent
property,
C, Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R-4 single-family urban
district, no dog enclosure shall be placed in the side yard,
0, Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
prevention of odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
0 all dog enclosures constructed after July 18, 1995, Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his/her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation of this article, (Amended Ord, 233, 11-4-
1997)
5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article, Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers. (Amended Ord, 233, 11-4-
1997)
5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall
be authorized to issue citations for violations of this article, (Amended Ord. 233,
11-4-1997)
5-1A-17: ABATEMENT OF NUISANCE CONDITIONS:
0 A. Nuisances Subject To Abatement: The following are declared
nuisances subject to immediate abatement by resolution of the
0 City Council:
1, Any dog/cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609,02, Subdivision 7a,
on any person; or
2, Any dog/cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance, An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3, Any established violation of this article for nuisance preceded by a
declaration by the City Council, based upon a prior incident, that the
dog/cat is a "dangerous dog/cat" as defined by this article.
S. Placement On Council Agenda; Notice Requirements: Upon
determination by the City Clerk of the existence of a nuisance subject to
abatement as set forth above, the City Clerk shall place the matter on the
agenda for the next regular meeting of the City Council for public hearing
and abatement consideration. Notice of the hearing and a copy of this
article shall be provided to the owners of the dogs/cats by regular mail
not later than seven (7) days prior to the hearing. The City Clerk may also
0 notify other concerned or interested parties.
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested persons.
D, Decisions By City Council: The City Council may, in its discretion, approve
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog/cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty-(30)
days of the order shall be assessed against the owner's property.
(Amended Ord, 233, 11-4-1997)
2, The dog/cat shall be removed permanently from the city limits within
forty-eight (48) hours of notice of the order. The dog license shall be
permanently revoked.
0 3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
0 relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord, 233, 11-
4-1997; amd. 2003 Code)
- - __ ____ __u_
5-1A-18: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4-
1997)
0
0
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -08
A RESOLUTION DECLARlNG A DOG OWNED BY BARBARA JEAN MESLER,
15625 AVOCET STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY
CODE TITLE 5, CHAPTER 1, SECTION 5-1A-l1.
WHEREAS, a New FoundlandILabrador Retriever Mix owned by Barbara Jean
Mesler, 15625 Avocet Street NW, Andover has been allowed to run at large; and
WHEREAS, on April 29, 2007 said dog left its property and bit a woman; and
WHEREAS, on May 10, 2007 a letter from the City of Andover identifying the
dog as "potentially dangerous" was sent to the dog owner; and
0 WHEREAS, on August 15,2008 said dog left its property and was aggressive
towards a man and his dog.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby declare a New FoundlandILabrador Retriever Mix owned by Barbara
Jean Mesler, 15625 Avocet Street NW as a "dangerous dog" pursuant to City Code Title
5, Chapter, 1 Section 5-1A-l1.
BE IT FURTIIER RESOLVED that the Deputy City Clerk shall mail by certified
mail to Barbara Jean Mesler a copy of the resolution.
Adopted by the City Council of the City of Andover this 7th day of October... 2008.
CITY OF ANDOVER
Attest:
Michael R Gamache - Mayor
0 Michelle Hartner - Deputy City Clerk
@
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Adopt Resolution Appointing Election Judges for General Election
DATE: October 7, 2008
INTRODUCTION
The City Council is required to appoint judges to serve at the General Election on
Tuesday, November 4, 2008.
0 ACTION REQUIRED
Council is requested to adopt the attached resolution appointing judges for the General
Election,
Respectfully submitted,
~l/.;)-fnW
Mic el1e Hartner
Deputy City Clerk
Attach: Resolution
0
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. RO-08
A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 4,2008
GENERAL ELECTION IN THE CITY OF ANDOVER.
WHEREAS, the City Council is required by State Statute to appoint election judges to
serve at the November 4, 2008 General Election.
NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as
election judges at the November 4,2008 General Election.
Precinct # 1 - Hope Lutheran Church
Gloria Young, Chief Judge Annette Anderson
Donald Berg David Catherson
Sharon Cramer Andy Lantos
Carol Moeller Shirley Olson
0 Michael Schilling Richard Snyder
Jennifer Trenda Donna Turnbom
Precinct #2 - Grace Lutheran Church
Gretchen Sabel, Chief Judge Nancy Ahlberg
Christine Deggendorf Linda Evavold
Frances Gargano Joe Holloway
John Johanson Joann Koechler
Bonnie Lapham Fred Lown
Marie Romo Pamela Schilling
Susan Christofferson
Precinct #3 - Riverdale Assembly of God Church
Phyllis Kieffer, Chief Judge Pamela Anson
Elaine Boos Kay Funk
Sue McBride Barbara Peters
Janice Quick Christine Schonning
Connie Schultz Michael St. John
0
0 Precinct #4 - Crooked Lake Elementary School
Kelly Danzl, Chief Judge John Catherson
Leatrice Cooper Stan Graf
Carol Hibbard Mildred Johnson
Ginger Nelson Liliya U stimchuk
Michelle Winship
Precinct #5 - Meadow Creek Church
Luther Romo, Chief Judge Don Ahlberg
John Hibbard Jerome Lapham
Pat Larson Mary Munson
Mary Ellen Simcoe Peter U stimchuk
Terry VanNote
Precinct #6 - Bunker Hills Activity Center
Carol Murschel, Chief Judge Susan Beal
Dan Frost Connie Holloway
Albert LaCombe Dan Lehrer
Judy Lestina Deborah Mayasich
0 Gerald Nelson Sandy Roslin
Marlene Schafer Roger Schultz
Precinct #7 - Andover Community Center
Lois Spadgenske, Chief Judge Shirley Beam
Nancy Brinkman Kim Halberg
Richard Lindmark Jr. Pat Lindquist
Pat Maltzen Larry Mueller
Norman Myhre Lisa Nicoski
Nancy Posl Cheryl Schultz
Mary Sullivan John Wolf
Precinct #8 - Andover Christian Church
Marie Bourque, Chief Judge Corrine Buffham
Ermelinda Egge Julie Haugen
Virginia Hayes Megan Jan
Tom Johnson Rachel Kintop
Bruce Maltzen John Marek
Amanda Nowack Ashley Young
0 Precinct #9 - Prairie Oak Community Church
Julie Trude, Chief Judge Martha Burckhardt
Bruce Crane Susan Fanucci
Gary Horning Barbara Humphreys
Dolores Jeska Peggy Kuntz
William Obedoza Lucy Schalwig
0 Patricia Schert Mary White
Precinct #10 - Andover Elementary School
Brenda Fildes, Chief Judge James Anderson
Sharlene Booker Stan Deden
Sarah Erickson James Fandrich
Julie Holtey Lois Koblitz
Linda Nelson Mike Roslin
Joellyn Soler Sandra Stewart
Diane Terebenet
Adopted by the City Council of the City of Andover this 7th day of October. 2008.
CITY OF ANDOVER
0 Michael R. Gamache - Mayor
Attest:
Michelle Hartner - Deputy City Clerk
0
C I T Y o F @)
NDOVE
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
....
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Reschedule November 4, 2008 Council Meeting
DATE: October 7, 2008
INTRODUCTION
The rust Council meeting in November falls on Election Day.
DISCUSSION
State Law prohibits Council meetings from 6:00-8:00 pm on Election Days. Therefore,
Council needs to reschedule the meeting to one of the following:
0 Monday, November 3rd, 2008
Tuesday, November 4th, 2008 (The meeting would need to start at 8:01 pm)
Wednesday, November 5th, 2008
ACTION REQUESTED
The City Council is requested to reschedule the first Council meeting of November. Staff
suggests that the meeting be held on Wednesday, November 5th so.that Council can
canvass the results of the election at that time also.
i Respectful!y submitted,
\ Mi helle Hartner (VrlnVu
Deputy City Clerk
0
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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: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: October 7, 2008
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Update on Development Activity
3. Update on CIP Projects
0 4. Meeting reminders
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
0
0
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: Jim Dickinson, City Administrator
SUBJECT: Closed Session - Public Works Union Contract Negotiations
DATE: October 7, 2008
The City Administrator will give a verbal update on progress made relative to the Public works
Union contract negotiations and seek Council direction on items that are still outstanding.
0
0