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HomeMy WebLinkAboutCC October 7, 2008 ...-...,.........,;," ",---,.:,..,-.:.,.----. ,,~,"-- C 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 Roll/Waive Public Hearing/Adopt Assessment Ro11/07-37A1Metropolitan 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 0 .CIT Y . 0 F ';NDOVE ."" .., 0 REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 7,2008 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 7, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE 0 RESIDENT FORUM No one wished to address the CounciL AGENDA APPROVAL There were no changes. Motion by Knight, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 16, 2008, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page 9, after line 20 a sentence should be added to reflect the decision of the Council. It should read: "Staff was directed to come back with some updated 0 language changes directed by the City Attorney to be brought back at a workshop meeting." Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 2 September 23, 2008, Workshop Meeting: Correct as amended. Councilmember Jacobson stated on page two, line 5, the sentence should read: "indicated this is done (outside concerts) in every community". He stated on the same page, line 18, the sentence should read: "Mayor Gamache asked Mr. Povlitzki if they briB:g brought in a larger band." Another change was on page three, line 26, after discussion it does not indicate that they did anything and he thought they asked that the question be brought back for discussion on the number of concert events to be held each year and they were going to discuss that and was not reflected in the minutes. He indicated a sentence should be added to read: "Council suggested this be brought back for discussion regarding the number of events that could be held per year at a future Council meeting". He stated on page 7, line 37, the first word "added" should be removed and insert instead "had installed". Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Trude). CONSENT ITEMS 0 Item 2 Approval of Claims Item 3 Approve Autistic Child Signs Item 4 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07- 37 NMetropolitan Mosquito Control (See Resolution R074-08) Item 5 Declare Surplus Equipment Item 6 Approve Declaration & Agreementl06-32/Twin Rivers Auto Sales Item 7 Declare Costs, Order Assessment Roll and Schedule Public. Hearing for 2008 Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines (See Resolution R075-08) Item 8 Receive Assessment Roll/Order Public Hearing/2008 Overlays (08-2, Northglen Area & 08-2B, Grow Oak View Estates) (See Resolution R076-08) Item 9 Approve License for Use of Digital Ortho and Oblique Aerial Photographs Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. SPECIAL PRESENTATION - ST. FRANCIS SCHOOL DISTRICT - ISD #15 Mr. Tom Larson, Community Services Director along with Superintendent Saxton of Independent School District #15 made a presentation to the Council regarding the upcoming operating levy. 0 A video was shown to the Council explaining what District #15 includes in their curriculum. Mr. Saxton reviewed the proposed levy and common questions asked with the Council. 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 3 Councilmember Jacobson asked if this levy is approved will taxes go up. Mr. Saxton indicated that was correct. He explained why the levy amount has been increased from the amount in 2003. Councilmember Trude asked if the levy is replacing one that is falling off. Mr. Saxton stated they have adjusted the levy for inflation so the new amount will be higher than the levy falling off. Councilmember Knight wondered how much the fuel costs figure into this. Mr. Saxton thought the public was more aware of the increase than they have in past years. He stated they need to maintain their fleet of buses. They own their own buses, the fuel costs have increased fifty percent and it has to be absorbed. He stated they have tried to maximize routes and eliminated athletic buses. He stated it is a fifty percent increase from previous years and there is no backing off this. Councilmember Trude appreciated this presentation and having them come in to explain what the levy encompasses and why the increase. DISCUSS REQUEST TO DECLARE DANGEROUS DOG 0 Mr. Dickinson reviewed the chronology leading up to the request to declare a dog in the City as a dangerous dog. Councilmember Trude stated as she looked at the police reports, the officers went on site after the first call to verify the dog had its current shots and the second call it appears the dog charged out into the street and that report was taken by telephone calL She wondered if they had any other information regarding when they talked to the witness. Mr. Dickinson indicated they have everything before them that he has. Ms. Melissa MeIser, owner of the dog in question, distributed a packet of information to the Council. She did not believe that her dog bit the woman in the first incident. She stated this was likely a scratch and not a bite and believed the dog jumped up excitedly and scratched her. She stated the second time the dog went out in the road while the neighbors were walking their dog and the man sprayed her dog with some chemical, which they had to clean up. Mayor Gamache asked if the dog was large. Ms. Meiser indicated he was a large, fluffy dog. Councilmember Trude asked when they let the dog out, what the typical procedure is for letting the dog out. Ms. Meiser stated the dog normally stays in the yard without a leash or fencing, they usually let the dog out to go to the bathroom and then he comes back in. 0 Ms. MeIser stated she normally brings the dog to work at the Spring Lake Park Amusement Center. The dog has never hurt anyone and allows people to pet him. Councilmember Jacobson asked if the dog is licensed in the City and is it current. Ms. Meiser indicated he is. 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 4 Councilmember Trude stated she is concerned that the dog is not kept on the property. She stated they have a rule that if the dog is off the property three or more times, the rule applies. She read the ordinance to the resident. She asked why the dog ran out into the street. Ms. Melser indicated she was not sure other than her dog may have smelled the other dog coming down the street and left the yard. Councilmember Orttel stated they have recently had a similar situation and they have had to designate the dog as a dangerous dog and it appeared to be a friendly dog overall but did injure a small child. He stated the ordinance does not allow them to do much more than what is in it and he did not think they had a choice other than to follow the ordinance. Councilmember Trude thought they had a little leeway because in her mind it is not clear that the dog is dangerous. She did want to apply most of the rules but did not think the dog needed to have a muzzle on but they need to make sure the dog is restrained. She recognized some of the families that provided testimony. She did not know if it showed the dog was dangerous but a large dog can unintentionally hurt someone. She thought they did have some leeway because they do not have very 0 clear testimony about the dogs' activity except the police reports. She wondered if the City Attorney could look at the code to see if they had some leeway. Councilmember Knight asked if the owner can restrain the dog from jumping. Ms. MeIser stated she can use commands on the dog and they are followed by the dog. Mr. Dickinson stated based on evidence provided, is the Council comfortable declaring it a dangerous dog. If the Council does not feel there is enough evidence they do not have to declare the dog dangerous and it would remain identified as" a potentially dangerous dog. If there is another incidence, this would come back to the Council again. Councilmember Trude stated she is not ready to declare the dog as dangerous because even the police report indicated the first incident as being a cut and not a bite. City Attorney Baumgartner stated referring back, the Council is faced with a two step process at this point, the dog has been declared potentially dangerous by the prior incident in 2007. What the Council should focus on is whether or not the current incident is an attack or not. If so they do have the prior designation as a potentially dangerous dog and under the definition if found to be potentially dangerous, if that dog aggressively bites, attacks or endangers the safety of humans or domestic animals the dog must be declared dangerous. The question before the Council is whether or not the most recent incident is an aggressive attack or ifit endangered the safety of that individual and if that is the case then it should be and according to the ordinance must be deemed a dangerous 0 dog. Mayor Gamache asked how long they have had the dog. Ms. Meiser indicated they have had him seven years. Councilmember Knight asked if the dog has a tendency to bark. Mrs. Meiser stated he barks when someone is at the door and then he stops when the door is opened and waits to be petted. 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 5 Councilmember Jacobson stated this is a wakeup call and she is in violation of the ordinance. She needs to have the pet under control or leashed when out of the house. With the fIrst incident and the second and if something were to happen again, he thought someone could come back legally and make a good case against her. He thought it is in the owners' best interest to make sure the dog is kept under control with a leash or kennel. Mayor Gamache stated he did not see this as an attack. He stated the other issue he has is they have had two attacks in two to three years and they have lived there for five years without any issues prior to this. He thought the owner needs to make sure the dog is on a leash. Councilmember Knight urged the owner to get a kennel for the backyard. Motion by Orttel, Seconded by Trude, stating that the Council is not able to determine with sufficient certainty that an attack took place with the dog in question. Therefore they would remind the dog owner of the laws of the City and note that the owner is responsible for keeping the dog restrained at all times in the future. 0 Mayor Gamache asked if the motion passes as stated, will the first dangerous dog report still be on the file and will the dog remain a potentially dangerous dog. City Attorney Baumgartner and Mr. Dickinson indicated that is correct. Councilmember Trude stated the Council did look at brochures passed out regarding this along with website print with statements regarding how nice the dog is. She indicated she recognized some of the families. They are notable, upstanding citizens and influenced her decision to a point and thought the positive testimony of the neighbors influenced her decision. City Attorney Baumgartner stated for the record there has been discussion about the dog being a potential nuisance and running into the street and chasing, even playfully, can be considered a nuisance under the ordinance. The dog owner should be aware; a nuisance under this ordinance is a misdemeanor so if this were to continue there would be a problem. Motion carried unanimously. APPOINT ELECTION JUDGES FOR GENERAL ELECTION Councilmember Trude explained she had a conflict of interest so would abstain from discussion and voting. 0 Motion by Jacobson, Seconded by Knight, to appoint election judges for the General Election. Motion carried on a 4 ayes, 1 present (Trude) vote. (RES. R077-08) 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 6 RESCHEDULE NOVEMBER 4, 2008 COUNCIL MEETING City Administrator Dickinson stated the Council is requested to reschedule the November 4,2008 City Council meeting due to the General Election. Motion by Jacobson, Seconded by Knight, to reschedule the November 4, 2008 City Council meeting for Wednesday, November 5,2008 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Engineer Berkowitz reviewed with the Council the Safe Route to School Grant Application and possible trail segments in the City. Councilmember Trude stated she would like to see staff apply for a trail on Hanson Boulevard. They need a safe way for the children to get to school by Andover Elementary. 0 Motion by Trude, Seconded by Orttel, to move ahead ~th the trail along Hanson Boulevard by Andover Elementary. Motion carried 11mmimously. City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, Hanson Boulevard NW Project update and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. .MAYOR/COUNCIL INPUT (Voter Registration) - Councilmember Trude stated ifresidents are planning to vote and register on election day, it speeds things up to take care of the drivers license address change first because that is needed for verification in order to register. There are other options for verification but are more complicated. She also asked if staff could have signs indicating the change in polling place set out. Motion by Jacobson, Seconded by Knight to recess the meeting to a closed session to discuss the Public Works Union negotiations at 8:21 p.m. Motion carried unanimously. (Closed Session) 0 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:50 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 0 Regular Andover City Council Meeting Minutes - October 7, 2008 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 7, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIAN"CE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROV AL OF MINlJTES.. ....... .......... .................... ...... ..... ............................ ...................... ....... 1 CONSENT ITEMS ................ ...... ............... ...... .......... ...... ........... .......... ...... ... .~. ..... ... ....,..... .... .... ... 2 Approval of Claims ...... ......... ... ............~. ....... ............. ........ ........ .... .................... .... ............ ...... ... 2 Approve Autistic Child Signs .. .............. ....... ........ .......... ........ ....... .................. ............. ....... ....... 2 Resolution R074-08 receiving Assessment RolllW aive Public Hearing! Adopt Assessment Roll/07 - 37 AlMetropolitan Mosquito ControL.......... ............................ ................. ......... ...... 2 Declare Surplus Equipment .. ....... ......... ". ............... ........ ....... ...... ... ................. ...... ............... ...... 2 Approve Declaration & Agreementl06-32/Twin Rivers Auto Sales .......................................... 2 Resolution R075-08 declaring Costs, Order Assessment Roll and Schedule Public Hearing for 2008 Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines.................. 2 0 Resolution R076-08 receiving Assessment Roll/Order Public Hearing!2008 Overlays (08-2, Northglen Area &08-2B, Grow Oak View Estates).............................................................. 2 Approve License for Use of Digital Ortho and Oblique Aerial Photographs ............................. 2 SPECIAL PRESENTATION - ST. FRANCIS SCHOOL DISTRICT - ISD #15 ......................... 2 DISCUSS REQUEST TO DECLARE DANGEROUS DOG ........................................................ 3 APPOINT ELECTION JUDGES FOR GENERAL ELECTION R077-08.................................... 5 RESCHEDULE NOVEMBER 4,2008 COUNCIL MEETING..................................................... 6 ADMIN1STRA TOR REPORT..................................... ...... ............ ................................. ............... 6 MA Y 0 RICO UN CIL INPUT .......................................................................................................... 6 Voter Registration. .......... ........ ..... ................... ........ ........... ............................... ........... ............... 6 CLOSED SESSION (pUBLIC WORKS UNION NEGOTIATIONS)........................................... 6 ADJOURNMENT.......... ...... .... ............ ............... ........ ......................................... .... ................... .... 6 0