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Home My WebLink AboutCC June 16, 2009 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 Regular City Council Meeting - Tuesday, June 16,2009 Call to Order - 7:00 p.m. Pledge of Allegiance Recognize Andover Recycling Achievement Award Resident Forum Agenda Approval 1. Approval of Minutes (6/2/09 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Feasibility Report/Waive Public Hearing/09-25/13758 Round Lake Blvd. NW/WM - Engineering 4. Approve Plans & Specs/Order Advertisement for Bids /09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment - Engineering 5. Approve Resolution Affirming the City of Andover as a Fit-Friendly City - Administration 6. Accept Update on Various Planning Cases - Planning Discussion Items 7. Anoka County Sheriff's Department Monthly Report - Sheriff 8. Consider Declaring Dangerous Dog - Administration 9. Consider Accept Petition/Order Feasibility Report/08-20AlClocktower Commons Turn Lane Improvements - Engineering Staff Items 10. Schedule EDA Meeting - Administration 11. Schedule July workshop - Administration 12. Reschedule August 4,2009 Council Meeting - Administration 13. Administrator's Report - Administration Mayor/Council Input Closed Session Discuss Litigation - Precision Sealcoating, Inc - Administration/Engineering Adjournment 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 r CC: James Dickinson, City Administrator \ . \ FROM: Dana Peitso, Human Resources Manager SUBJECT: Recognize Andover Recycling Achievement Award DATE: June 16,2009 INTRODUCTION On May 20, 2009, the City of Andover received an award for the Most Prolific Municipal Recycling Program, by the Anoka County Solid Waste Abatement Advisory Team. Cindy DeRuyter, Recycling Coordinator; Scott Hautala, Mechanic; Eric Sohr, Mechanic, and Dana Peitso, Human Resources Manager; received the award on behalf of the City. DISCUSSION The City of Andover has consistently met its recycling goals from 1988 - 2008. During 2008, Andover residents recycled 3,885.36 tons of materials and collected 89.34 tons of problem materials for proper management. Andover's recycling rate of 257.25 pounds per person for all materials is the highest of any Anoka County municipality. The city promotes recycling opportunities through the newsletter, city web site, newspaper and special mailings. In 2008, over 810 tons of material was collected at the drop-off center open during daylight hours daily and from Andover's spring and fall recycling days. The center collects traditional recyclables in addition to scrap metal, used motor oil, used oil filters, motor vehicle batteries and plastic bags. Appliances, electronics, furniture/household goods, clothing, fluorescent bulbs and tires are accepted on recycling day in addition to materials accepted daily at the drop-off center. At the upcoming Fun Fest, all vendors will be asked to recycle their cardboard for the fIrst time. In addition, the 5k Fun Run/Walk will be collecting usable t-shirts, running shoes and non- perishable food items on the day of the race, July 11, 2009. Donated items will be given to the ACBC Food Shelf. ACTION REQUESTED Please recognize the achievements of the City of Andover Recycling Program. Respectfully submitted, /rR-~ Dana Peitso .if:::'~<;>;~i 1 .. i' .. ....- .. < <. ." c .~ .. ;" . , ,.,,> 'iAJ.,:. ,(:. '~:~~~-~ C'fP :;;rt~\J.\:!!'!i7 . :: " t ",.",.,/.'''' . 'Y":".'!iW 'ij/ t , CD 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: Approval of Minutes DATE: June 16,2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: June 2, 2009 Regular Meeting DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, lj}~df~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 REGULAR ANDOVER CITY COUNCIL MEETING - JUNE 2, 2009 6 MINUTES 7 8 9 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor 10 Mike Gamache, June 2, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard 11 NW, Andover, Minnesota. 12 13 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 14 Councilmember absent: None 15 Also present: City Attorney, Scott Baumgartner 16 City Administrator, Jim Dickinson 17 Community Development Director, Will Neumeister 18 Director of Public Works/City Engineer David Berkowitz 19 Others 20 21 22 PLEDGE OF ALLEGIANCE 23 24 25 RESIDENT FORUM 26 27 Mr. Carol! Abbott. 2917 142nd Lane NW, stated at the ballpark at Yukon Street and 141st Lane 28 there are no. parking signs along the street and cars are parking along there so there is not much 29 room to get by, he thought this should be looked at. He also noted at Heather Street and 142nd 30 A venue there is a big wash out in one of the storm sewers. 31 32 Mr. Abbott stated he also has a problem with building permits and wondered why he needed to 33 pay for one for any improvements done to his home. Mr. Dickinson stated the City is authorized 34 by the State of MN to enforce building codes, they adopt the State Building Code and part of that 35 is the provision for fees and fee structure in that. 36 37 Mr. Abbott stated he has a building permit that is not signed off on and inspectors have never 38 shown up at his home and when his contractors have picked the permits up they have been told 39 that they know the code so they did not need to come out for an inspection. He stated his 40 concern was that the City inspectors were telling his contractors that and his home has not been 41 inspected and his permits have never been signed off on. 42 43 Councilmember Trude stated the permit states the permit is to remain visible until signed off on 44 so her concern would be with the contractor. Mr. Dickinson stated if the contractor was the one 45 who pulled the permit they would be the ones that need to coordinate the inspection with the 46 City. 47 48 Councilmember Knight asked if the City has a follow up system. Mr. Dickinson stated they do 49 for roofing and siding and are playing catch up from previous years work done. Mr. Dickinson Regular Andover City Council Meeting Minutes - June 2, 2009 Page 2 1 stated he would check into this, but did indicate that over the past three years close to 600 roofs 2 have been replaced in the City. 3 4 5 AGENDA APPROVAL 6 7 There were no changes. 8 9 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 10 carried unanimously. 11 12 13 APPROVAL OF MINUTES 14 15 May 19, 2009, Regular Meeting: Correct as amended. 16 17 Councilmember Jacobson stated on page 6, at the bottom of the page, there was a motion by 18 Bukilla and seconded by Knight to table this item and he wondered if they just tabled this or did 19 they table it to a time certain for later approval. Mr. Dickinson stated there was more discussion 20 on what was approved. 21 22 Councilmember Trude stated they also had approval from the property owners and they agreed to 23 extend what was necessary to extend this while they pursued a lot split. Mr. Dickinson stated 24 that was correct and they were looking to secure a letter from the applicant to extend the 25 approval process on this and if they were unable to get a letter from the applicant they would 26 bring this back to the Council for denial. 27 28 Councilmember Trude wondered if they should add more to this discussion because the owner 29 came up to the podium agreeing to the extension. She thought wording should be added on line 30 27, "the applicant stated that would be acceptable". 31 32 CouncilmemberTrude stated on page 9, line 24, delete the word "get". On page 10, line 22, the 33 word "no" should be "not". 34 35 Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried 36 .4 ayes, 1 present (Gamache). 37 38 39 CONSENT ITEMS 40 41 Item 2 Approval of Claims 42 Item 3 Approve Fee Ordinance AmendmentlEstablish Single Family Rental License Fee 43 (Ordinance 382) 44 Item 4 Update on Revised Planned Unit Development! Andover Clocktower 45 CommonslNE Comer of Hanson & Crosstown Blvds NW Regular Andover City Council Meeting Minutes - June 2, 2009 Page 3 1 Item 5 Accept Petition/Order Feasibility Report/09-25/13758 Round Lake Blvd 2 NW/WM (See Resolution R046-09) 3 4 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion 5 carried unanimously. 6 7 8 2008 AUDIT PRESENTATION/HLB TAUTGES REDPATH 9 10 Mr. Dickinson introduced Ms. Peggy Moeller, HLB Tautges Redpath, who along with Mr. 11 Dickinson made a presentation to the Council. 12 13 Motion by Jacobson, Seconded by Knight, to accept the audit as presented. Motion carried 14 unanimously. 15 16 17 CONSIDER CONDITIONAL USE PERMITIUSED VEHICLE SALE/3149 -16rvD LANE 18 NW (CONTINUED) 19 20 Mr. Neumeister stated this item was previously tabled to allow the applicant and staff time to 21 address items discussed at the last meeting. 22 23 Mr. Neumeister reviewed the information with the Council. 24 25 Councilmember Trude stated the reason she brought up the question of one parking stall is that 26 the State license application indicated five and she thought they should limit the permit to the 27 number they have on the drawing so the applicant can bring it forward to the State indicating he 28 only wanted one parking space and the City was ok with that. 29 30 Mr. Neumeister stated another item was in regard to the hours of operation. He stated the 31 applicant indicated the hours of operation would be by appointment only. If the City wanted to 32 set office hours they could do that. Councilmember Trude stated generally they write the hours 33 into the permit when they review them. Mr. Dickinson noted the State is requiring in their 34 application that hours of operation and contact information be included. City Attorney. 35 Baumgartner reviewed the restrictions and conditions in the City Code related to this. 36 37 Councilmember Trude asked if they could put into the permit the hours of operation is by 38 appointment only. City Attorney Baumgartner stated they could do that but it would be very 39 broad. Councilmember Trude wondered if they could put in the permit the hours of operation 40 that would be permitted. 41 42 Mr. Neumeister reviewed the landscaping plans with the Council. Councilmember Trude stated 43 generally they make sure that landscaping is installed within a certain amount of time and they 44 have never recognized seed as landscaping and wondered if they should change it to sod since 45 generally they have required sod, even in new residential developments. Mr. Dickinson stated a Regular Andover City Council Meeting Minutes - June 2, 2009 Page 4 1 time frame for this would be appropr~ate. 2 3 Mayor Gamache asked in Chapter 8-3-83, he wondered what "regular" meant. City Attorney 4 Baumgartner thought it meant something that is done on a day to day basis and how they earn a 5 living. 6 7 Mr. Frank Sudd, 15956 Drake Street, was at the meeting to answer questions. 8 9 Councilmember Jacobson asked if office hours would be by appointment only or what was his 10 intention. Mr. Sudd stated being that his home is a few miles from this office and he could have 11 business hours from 5:00 p.m. to 9:00 p.m. but he would post his hours. Councilmember Trude 12 preferred to have set hours because once they grant the permit if this applicant moves out the 13 next one that comes in could have unreasonable hours. City Attorney Baumgartner thought it 14 could read "office hours between _ and _, by appointment only." 15 16 Councilmember Trude thought they could have it read "office hours 5:00 p.m. to 9:00 p.m. M- 17 S." She asked if everything is acceptable to the applicant after talking to the owner of the 18 property. Mr. Sudd stated he is acceptable to all the improvements. 19 20 Mayor Gamache asked how much office space he is leasing. Mr. Sudd indicated it is very small 21 with a separate outside door. Mayor Gamache stated he is under the impression that there are 22 other businesses in the development and there might be a concern with enough room for 23 everyone. He wondered if Mr. Sudd knew how many businesses are currently there. Mr. Sudd 24 thought there were three. Mayor Gamache asked if there would be room for a fourth business. 25 Mr. Sudd thought there would be. 26 27 Councilmember Trude wondered if there would be enough parking area for the number of 28 businesses. She stated she talked to staff and was told it met City Code since the parking 29 requirements are based on building square footage. 30 31 Mayor Gamache wondered how Mr. Sudd would perform his business with only one car on site 32 at a time. Mr. Sudd stated he would be purchasing vehicles and selling them right away to 33 clients that were looking for certain models. 34 35 Mayor Gamache asked if this will be an online business and advertise the one car. Mr. Sudd 36 stated this is to satisfy the State and he did not think he would even have a vehicle in the one 37 parking slot. He is doing what he needs to do in order to get his license. 38 39 Motion by Knight, Seconded by Jacobson, approval of the Conditional Use Permit with the 40 addition of the provisions discussed in minutes. 41 42 Councilmember Jacobson stated in the Resolution, line Item 3 of the it should read "the areas of 43 bare ground on the subject property shall be sodded and maintained to establish a lawn." He did 44 not think seeded should be in there~ He stated an additional Item 5 should be "office hours 45 should be between 5:00 p.m. to 9:00 p.m. Monday through Saturday and by appointment only". Regular Andover City Council Meeting Minutes - June 2, 2009 Page 5 1 An additional Item 6 should read "signage should be per City Code" and an additional Item 7 2 "one display vehicle permitted at a time". 3 4 Councilmember Trude stated on Item 2 it talks about the vehicle display parking and she wanted 5 to clarify "vehicle display parking, customer parking and employee parking shall be signed and 6 limited to the nine spaces at the locations described in the June 2, 2009 staff report to the 7 Council." She wanted to make sure that the business parking is for this business only and not for 8 other businesses to use. 9 10 City Attorney Baumgartner recommended adding a provision such as "the applicant shall be 11 required to obtain a used vehicle dealer license from the State of Minnesota". He would also 12 recommend adding a provision "the applicant shall be required to comply with the State and 13 local laws including those applicable to used motor vehicle dealers". In looking at the State law 14 versus their City Code, the City Code does not allow dismantalling of vehicles but the State does 15 and in order to avoid that he would recommend they include in the permit the following wording: 16 "the applicant may not engage in the business of buying or otherwise acquiring vehicles for 17 dismantalling vehicles and selling used parts and remaining scrap materials." 18 19 Councilember Knight agreed to the additions to his motion. Councilmember Jacobson agreed. 20 21 Ms, Jennifer Aus-Sherman, stated she is leasing space at the 3149 building. She stated she 22 wanted to bring to the Council's attention that her lease and information that Mr. Larson has sold 23 this building to Mr. Bob Y onkee. Her lease is with Y onkee and Associates. She stated the 24 building currently has three suites and she has never met Mr. Sudd before. She stated she was 25 very concerned when she learned of the proposed auto dealership. She reviewed the lease 26 information with the Council regarding all three businesses at the property. 27 28 Ms. Aus-Sherman stated she contacted the City was told she should come to the meeting to 29 discuss this with the Council. She reviewed her concerns with the Council and indicated that 30 when she talked to Mr.. Larson he asked her not to bring this up at the Council meeting. She 31 stated she is adamantly against the auto dealership and that Mr, Larson did not have a right to 32 lease any space to the auto dealership or anyone else. 33 34 Mr. Jim Larson, Larson Plumbing & Heating, stated he pays the taxes on the building and the 35 building is sold on a contract for deed to Mr. Bob Y onkee who has put a down payment on it but 36 needs to qualify for a loan. He stated his is a non-signed agreement with Mr. Y onkee. He stated 37 he did meet with Ms. Aus-Sherman today. 38 39 Mr. Larson stated Northern Asphalt is the company that put the parking lot down. He put asphalt 40 there so vehicles could turn around on it. 41 42 Councilmember Trude wondered if the fenced in area is being leased b.y the irrigation company. 43 Mr. Larson stated they are leasing part ofthe building and using the parking area, the fence is for 44 security for their vehicles. 45 Regular Andover City Council Meeting Minutes - June 2, 2009 Page 6 1 Mr. Larson showed the Council the building and where Mr. Sudd will be leasing office space 2 from him. 3 4 Councilmember Jacobson asked if Mr. Larson is currently the owner of the building. Mr. Larson 5 stated he is currently the owner of record and has a contract for sale with Mr. Y onkee. City 6 Attorney Baumgartner asked if Mr. Y onkee has assumed the lease with Mr. Sudd. Mr. Larson 7 was not sure about that. 8 9 Mr. Larson stated the irrigation company would be subleasing to Mr. Sudd. Councilmember 10 Bukkila asked if Mr. Larson's name is on any lease of the building. Mr. Larson stated his name 11 is on Mr. Sudd's lease and they have an agreement to lease the 4th bay. 12 13 Councilmember Jacobson stated he is withdrawing his second. 14 15 Councilmember Knight stated he is withdrawing his motion. 16 17 Motion by Jacobson to table this item for two weeks until staff and City Attorney Baumgartner 18 can review this item for legal issues and to report back to the Council with any results found. 19 20 Councilmember Trude thought they could also deny this application since it seems like every 21 time they review this application they are being misled. Mr. Larson thought he was the property 22 owner of record until it closes, and name transfers. He believes he is the current property owner. 23 City Attorney Baumgartner stated Mr. Y onkee would need to assume the lease because he does 24 have a contract and an interest in the property regardless of ownership. 25 26 There was discussion about who had a legal interest in the property. 27 28 The motion was not seconded or voted upon. 29 30 Motion by Trude, Seconded by Bukkila, to deny this item. 31 32 Mr. Larson asked if Mr. Y onkee should have the right to cancel the lease. City Attorney 33 Baumgartner explained the process the Council needed to follow before approving the CUP. 34 35 There was discussion regarding the reason for denying or tabling this item. 36 37 Councilmember Bukkila withdrew her second. Councilmember Trude withdrew her motion. 38 39 Councilmember Jacobson renewed his motion to table this item to get a legal opinion on if this 40 can proceed or not. 41 42 Councilmember Knight seconded the motion. 43 44 Motion by Jacobson, Seconded by Knight, to table this item until City Attorney Baumgartner 45 and Staff can review this item for legal issues. Regular Andover City Council Meeting Minutes - June 2, 2009 Page 7 1 2 Councilmember Jacobson also made a motion to table Item 8. Mr. Dickinson stated they need to 3 confirm the dates for extension and ask the applicant to extend the application or it would need 4 to be denied. 5 6 Motion carried unanimously. 7 8 Councilmember Jacobson asked if Mr. Larson and Mr. Sudd would grant an extension to the 9 application of thirty days. Mr. Larson and Mr. Sudd indicated they agreed to a thirty day 10 extension on the Conditional Use Permit application. 11 12 Councilmember Trude stated she wanted to know the following when this item comes back to 13 them. 14 . Ownership of the property 15 . Location of the business 16 . Potential business of body shop repair shop 17 . Sublease information with MN Irrigation 18 . Control of the fenced area 19 20 21 CONSIDER BUSINESS LICENSEIUSED VEHICLE SALES/3149 - 16rvD LANE NW 22 (CONTINUED) 23 24 Mr. Neumeister stated the ordinance for vehicle sales requires Council approval of a business 25 license. The applicant has paid the application fee and a motion is required to act on the business 26 license application. 27 28 Mr. Sudd agreed to a thirty day extension ofthe business license application. 29 30 Motion by Jacobson, Seconded by Knight, to table this item with the extension from the .31 applicant, Mr. Sudd. Motion carried unanimously. 32 33 34 CONSIDER CITY CODE AMENDMENT/CHANGES TO CITY CODE TITLE 35 4/ABATEMENT PROCESS (CONTINUED) 36 37 Mr. Neumeister stated this item was first introduced at the April 14, 2009 Planning Commission 38 meeting where a public hearing was held and continued to the May 12, 2009 Planning 39 Commission meeting. Staffhas found some inadequacies with current language in Title 4 of the 40 City Code, mainly pertaining to abatement. With the number of foreclosed and rental properties 41 rising due to current economic conditions, this is a good time to bring forward these 42 amendments. 43 44 Mr. Neumeister reviewed Item F in the staff report with the Council. Regular Andover City Council Meeting Minutes - June 2, 2009 Page 8 1 2 Councilmember Knight stated they previously discussed backyards and that no one would go 3 back there, would this apply here. Mr. Neumeister stated that had to deal with that when looking 4 at rental licenses and this situation is abatement; two different items. 5 6 The Council and staff discussed violations in backyards and how they could enforce the clean up 7 of them. 8 9 Mr. Neumeister reviewed page 9 with the Council. City Attorney Baumgartner stated the 10 wording should read "Enter upon the land and inspect" so it is not confusing otherwise it may 11 indicate entering a home. 12 13 Mr. Neumeister stated at the bottom of page 9, twenty percent, there was a question if this should 14 be changed to "reasonable amount" instead of twenty percent. City Attorney Baumgartner stated 15 they wanted to be consistent with the costs so he suggested they leave it at twenty percent. 16 17 Councilmember Jacobson wondered iftwenty percent is the correct amount. Councilmember 18 Trude thought it is because the larger the abatement the more the City would receive for work 19 done. City Attorney Baumgartner stated by the time the property owner goes into abatement 20 they have received a lot of correspondence from the City and Attorney and they are not charged 21 for anything up to that point so he felt the twenty percent is reasonable. 22 23 Mr. Neumeister stated on page 10, top of page, sixty days, there is a question if sixty days is 24 reasonable. Staff and the City Attorney felt sixty days seemed appropriate. 25 26 Councilmember Jacobson thought sixty days was too strict because if someone owes a large 27 amount to the City they may not have time to gather the money or get a loan within that time 28 frame to pay the amount. Councilmember Trude stated she would be open to increase or change 29 that to be more flexible. Councilmember Jacobson thought they could have the wording read 30 "sixty days or at the discretion of the Council", He thought there needed to be a safety valve 31 there. 32 33 City Attorney Baumgartner stated they could do a special assessment on the property if the 34 amount is large. Councilmember Knight thought any assessment over $2,000 should have a 35 different payout schedule that they go by. 36 37 The Council discussed between each other and staff the wording that should be used. 38 39 Councilmember Trude thought the wording should be ninety days and then at the Counqil's 40 discretion based on a hardship. Councilmember Jacobson stated he did not like that because then 41 the Council would need to determine what a hardship was. 42 43 City Attorney Baumgartner suggested the following wording to read "Such notice shall further 44 provide that if the total amount is not paid to the City within sixty days or within a later period of 45 time as determined by the City, on the owners request, the cost, expenses..." Regular Andover City Council Meeting Minutes -: June 2, 2009 Page 9 1 2 The Council liked the wording the City Attorney read. 3 4 Mr. Neumeister reviewed page 12 with the Council, wording of citations. The Council indicated 5 they did not want the compounding fees to be left in. The Council decided to leave the wording 6 as is in the ordinance. 7 8 Mr. Neumeister reviewed page 14 with the Council. 9 10 City Attorney Baumgartner stated he wanted to add some wording to the item regarding 11 containers. After the first sentence he would add to the sentance ".. . however yard waster 12 compost sites on property consisting of no less than 2.5 acres shall not be required to be placed 13 in containers for collection unless it has been demonstrated to be detrimental to public health, 14 welfare or safety". 15 16 Councilmember Trude asked if yard waste is distinguished from compost because generally you 17 can compost yard waste and then on page 15 it does indicate compost container even though a lot 18 of people do not place compost in containers. Counci1member Jacobson thought the wording 19 was fine for city size lots but when they get to 2.5 acres or more it would not work the way it is 20 written right now. 21 22 Mr. Neumeister reviewed page 20 with the Council, enforcement official having to make a 23 decision on abatement and the Council wanted the wording to read "after discussion with the 24 City Attorney". City Attorney Baumgartner stated he did not want to limit staff s ability to move 25 quickly in his absence so he did not want the wording to be changed. 26 27 Councilmember Trude stated on page 18 some language was changed regarding the trucks that 28 move the trash around town and she thought the old style was actually better than the new 29 sentence structure. 30 31 Councilmember Jacobson suggested in the third line of page 18 the sentence reads".. . and have a 32 full enclosed embedded body which will completely contain the contents..." 33 34 The Council discussed problems with trash and trash containers in the City. 35 36 Mr. Rod Pakonen, 13890 Holly Street NW, stated he would like to have an ordinance in the City 37 regarding trash cans and screening them. He suggested the ordinance be either put it in the 38 garage or cover it with a fence or barrier to screen them. This would not only tidy up the 39 community but it would also discourage the scavengers and there should be screening for 40 compo sting. He did not see how a compost pile is any different than a garbage can and should 41 be covered from view. 42 43 Mr. Neumeister stated on page 17, item C1, the topic is neat and orderly collections. He thought 44 maybe a little burdon should be put on the resident also and not just the licensee. The Council 45 discussed this and did not think there was a way to patrol this and make sure the correct people Regular Andover City Council Meeting Minutes - June 2, 2009 Page 10 1 were cleaning up after themselves. Councilmember Jacobson thought they may just require 2 everything to be bagged. Councilmember Knight thought they could put an article in the 3 newsletter regarding this so people realize they need to make sure all their garbage is contained. 4 5 The Council continued to discuss page 20 regarding enforcement official. The Council indicated 6 they would like to have someone other than the official make a decision regarding enforcement, 7 either the City Attorney or the City Administrator. 8 9 Motion by Jacobson, Seconded by Knight, to approve this item with the changes discussed along 10 with the summary ordinance. 11 12 Mayor Gamache stated one thing they have not discussed is screening of garbage and he would 13 not at this point in time think is an issue but he wondered if the Council had any other ideas. He 14 asked if there are other cities that required screening of garbage cans. Councilmember Trude 15 stated every city she has lived in does have a requirement to keep the garbage can in the garage 16 to deter animals from getting in there. Councilmember Jacobson did not think he would want his 17 garbage in the garage. He indicated he stored his next to the garage. 18 19 Councilmember Trude thought they should see what other cities are doing. Mayor Gamache 20 asked staff to look into this. 21 22 Motion carried unanimously. (Ordinance 383) 23 24 25 ADMINISTRATOR REPORT 26 27 City Administrator Dickinson updated the Council on the administration and city department 28 activities, meeting reminders, and Legislative update. 29 30 Community Development Director Neumeister updated the Council on development activities in 31 the City. 32 33 Director of Public Works/City Engineer Berkowitz updated the Council on public works projects 34 in the City. 35 36 37 MAYOR/COUNCIL INPUT 38 39 (Met Council Letter Regarding Household Counts) - Councilmember Trude stated the City 40 received a letter from Met Council regarding household counts in Andover and she thought they 41 had more than what the Met Council is indicating. She wondered if they could send a letter to 42 the Council indicating what the City figured their counts to be. Mr. Dickinson stated they do that 43 every year and the Met Council does not agree with them on this. 44 45 (Andover Athletic Association Anniversary) - Mayor Gamache stated last Saturday Andover Regular Andover City Council Meeting Minutes - June 2, 2009 Page 11 1 Athletic Association celebrated twenty-five years. 2 3 (Farm Field Dust) - Mayor Gamache stated he wanted to touch base with some residents about 4 dust coming off of farm fields and he wanted to remind everyone that this is the third driest year 5 since the 1903's dust bowl. He stated there is really nothing the City can do as the State has laws 6 on their books protecting faming operations. 7 8 (Thanks to Andover Fire Department) - Mayor Gamache wanted to thank the Fire Department 9 for a job well done on the field fire they had. Councilmember Trude wondered if there is a ban 10 on recreational fires. Mr. Dickinson stated right now there is not but if it remains as dryas it has 11 been he suspected there will be a ban for all ,fires by the weekend. 12 13 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The 14 meeting adjourned at 9:45 p.m. 15 16 Respectfully submitted, 17 18 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - June 2, 2009 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -JUNE 6,2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENT FORUM .. ... ..................... ............................................. ............. ...... .... ............... ......... 1 AGENDA APPROV AL.. ............ .................................................... .... ......... .......... ........... .... .......... 2 APPROV AL OF MINUTES.. ............... ...................... ........ ..... ....................................................... 2 CONSENT ITEMS .... ....... .... ........ .................... ............................... ................. .... ................... ....... 2 Approval of Claims..................................................................................................................... 2 Approve Fee Ordinance Amendment/Establish Single Family Rental License Fee (Ordinance 382) 2 Update on Revised Planned Unit Development/Andover Clocktower CommonslNE Comer of Hanson & Crosstown Blvds NW ........... ............................. ........ ........ ........................ ...... .......... 2 Accept Petition/Order Feasibility Report/09-25/13758 Round Lake Blvd NW/WM (See Resolution R046-09) ................................................................................................................... 3 2008 AUDIT PRESENTATION/HLB TAUTGES REDPATH..................................................... 3 CONSIDER CONDITIONAL USE PERMITIUSED VEHICLE SALE/3149 _162ND LANE NW (CONTINUED) Motion to table. .................... ................................... ............. .......... ...................... 3 CONSIDER BUSINESS LICENSEIUSED VEHICLE SALES/3149 -162NDLANE NW (CONTINUED) Motion to table... ................ .... ............................... .... ....... .... ................................ 7 CONSIDER CITY CODE AMENDMENT/CHANGES TO CITY CODE TITLE 4/ABATEMENT PROCESS (CONTINUED) (Ordinance 383) .................................................... 7 ADMINISTRATOR REPORT ..................................................................................................... 10 MA YORJCOUNCIL INPUT .................................................... ................ .................................... 10 Met Council Letter Regarding Household Counts................................................................... 10 Andover Athletic Association Anniversary. ...................... ...... ................................ ............ .... 10 Farm Field Dust....................................................................................................................... 11 Thanks to Andover Fire Department. ....................................................................................... 11 ADJOURNMENT......................................................................................................................... 11 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 Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: June 16,2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $183,017.88 on disbursement edit lists #1- #2 from 06/05/09 to 06/12/09 have been issued and released. Claims totaling $931,828,77 on disbursement edit list #3 dated 06/16/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and pr()jects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $1,114,846.65. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, cJ0~ Lee Brezinka Attachments: Edit Lists .-< o gp p.... o 0 0 0 0 0 z z z z z z ~ ~ ~ ~ ~ ~ ., 0 0 0 0 0 0 - ~ ~ ~ ~ ~ - CJ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;.. ~ ~ ~ ~ ~ ~ ~:r: :r: :r: :r::r: :r: ~ ~ ~ ~ ~ ~ ~ .-<~ N~~ MOOOO ~~ ~O~ ~~~ ooM 0000 oo.-<NNN 000 ..00 oo~~ t. 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O W U O N tj - C8 74 a 0 0 O a x U b � U c U Z � a v o U ° a z z z z w w w w --� (V o M o ei• o CJ O y O N N Gj O M U M U M U M �oo 83 o o z �N �� z U'7 U 'i U 1 .1 � G O U p V N o_ U o_ U o N �t UO UO Uv Ud C� A CN ON rn rn 0 0 0 N N N N a O O O O b O O tr) 0 N N 0 Cl wi O NN �� knkn mm N dt d• .-. — 00 --� •--� M M l� t� O O M Yr' C ° CJ '� Q d U a� y O N E-4 U W Y 00 Cd rn N U O �' •�+ O\ U O - N 4 - 1 Q� �' o a�i o o a 0 � w r� 0 v 1 4 v .x N '� p •� ^mac+ ,.14 W Z y 0 U o0 a � a rn 3 0 C) N _ U N O N 1 O M � U c�J y C L� -C." p L7 I T Y O F N DOVE A C (D 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, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Accept Feasibility Report/Waive Public Hearing/09- 25/13758 Round Lake Blvd. NW/WM - Engineering DATE: June 16, 2009 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 09 -25, '13758 Round Lake Boulevard NW for water main. DISCUSSION The property owner recently petitioned for this improvement. The service for water along this parcel was installed under Project 91 -22, but was not assessed to the adjacent property. Past practice was not to assess existing properties until the property owners petitioned to hook up. Feasibility Report The proposed assessment for this parcel is determined as follows: Water Main Area Charge (2009 Rates) 0.56 acres x $3,120 per acre = $1,747.20 Connection Charize = $3,406.00 Lateral Charge 107.5 Ft. x 41.80 F.F. (2009 Rate) _ $4,493.50 Total = $9,646.70 BUDGET IMPACT The $9,646.70 would be assessed to 13758 Round Lake Boulevard NW. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 09 -25, 13758 Round Lake Boulevard NW. Respectfully submitted, Todd Haas Attachments: Resolution Petition, aiver & Location Map' cc: Chris Fautsch, 13758 Round Lake Blvd. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 09 -25 FOR WATER MAIN IN THE FOLLOWING AREA OF 13758 ROUND LAKE BOULEVARD NW WHEREAS, the City Council did on the 2 nd day of June , 2009 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Engineer and presented to the Council on the 16 day of June , 2009 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 9,646.70 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 9,646.70 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16 day of June , 2009 , 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 9_ ZS Date 5/2, - 7 0 Andover City Engineer 1685 Crosstown Boulevard NW Andover,'MN 55304 Re: Municipal Improvements Dear City Engineer: Yl � aV1I�l��1 We do hereby petition for improvements of 1w atermain sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, Property Ow sr�� 0 t- Address /375�s V-ov (�,�� City, State, Zip I�v\ ami ev K) S9 Phone ( ) (W &) 3a -3a - - a,'-- CADocuments and Settings\Dave6 \Local Settings \Temporary Internet Files\ Content .Outlook \35LTM HM2 \PETITION. DOC Y eo � a �' " ti's ° " `� _.., � f •� -- - -- .as>i�i►! ' �+-'.0 o �� °.,j.9> , ae' 8i /r� oo .J �� ro � 0 8 /S 8t wN � 0 � Est• /1 1'� // 54 !� h 0 ti N.W. f a 054 -,j� 2 T ,o or.a 6f, •!_• �� h " �v /'� �� 13 99� 32 cy) •��y Ga °''b' is�y� te 16 15 14 IP J � Fs�r 10 Es 6D 1AP ti o� P ip } / � •b =3!•35 S JG' 10 /'�. •�e� AM NW e ... ,PCB 14vcl 5 XoO ... 2(73) (�81 7•gl /Q 9 > � y r9 6Z) / s " a 1 8 1 138TH LANE N. WjT. 0 LANE a , zroo c� z sue. aos Go) Q . .44.0.. s s :v -]Er 4•P 17P a Q. rAI din ri i 14 e 9 ° (29) z M k t2) Q cif/ w-0. (z81 ) /�, V 3fa Q �'I�� Q � flff v /� /3, e J /W 4140 ANDOVE y i v o 1 H .0 �t L E... 1 437 449 &16 A 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: Approve Plans & Specs /Order Advertisement for Bids /09- 22/Bunker Lake Blvd. NW Frontage Road /Jay Street Realignment - Engineering DATE: June 16, 2009 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 09 -22, Bunker Lake Boulevard NW Frontage Road /Jay Street Realignment. DISCUSSION Plans have been completed for the construction of the above mentioned project. Kwik Trip anticipates closing on the Prater property toward the end of August. The project is scheduled to be bid in mid August and awarded on September 1, 2009. Construction would then begin the week of September 14 Assessments were identified in the feasibility report as follows: Andover Economic Development Authority $150,000.00 (not to exceed) Prater Property $ 96,085.61 Kottke's Bus Company $ 48,042.80 If actual project cost are less than identified in the report each assessment will be reduced accordingly. The plans are available for review in the City Engineer's Office. BUDGETIMPACT The project will be assessed to the benefiting properties and the EDA portion of the project will be financed through the existing Tax Increment Finance District. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 09 -22, Bunker Lake Boulevard NW Frontage Road/Jay Street Realignment. Respectfully submitted, David D. Berkowitz Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 09 -22 BUNKER LAKE BOULEVARD NW FRONTAGE ROAD /JAY STREET REALIGNMENT WHEREAS, pursuant to Resolution No. 044 -09 , adopted by the City Council on the 19 day of May , 2009 , the City Engineer has prepared final plans and specifications for Project No. 09 -22 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16 day of June , 2009 16 -09 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , August 12 , 2009 at the Andover City Hall. Plans and specifications shall be distributed by the City of Ham Lake in conjunction with their portion of the project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16 day of June , 2009 , 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 5. 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Resolution Affirming the City of Andover as a Fit - Friendly City DATE: June 16, 2009 INTRODUCTION Governor Tim Pawlenty has a program through the Minnesota Department of Health, which encourages Cities to make a commitment and support residents to be more physically active and to improve the overall health of the community. DISCUSSION After reviewing the criteria to be declared a "Fit City" by the Governor's Health Cabinet, it was determined that the City of Andover already had everything in place for this designation, with the exception of a resolution from the Andover City Council. The Fit City criteria include whether a city has created inviting places to walk (parks /trails), adopted a value statement affirming the importance of fitness (this resolution), sponsored at least one fitness activity (Fun Fest 5k), and developed recreation areas that encourage fitness (Community Center). Forty-six cities have been named to the governor's list of fit cities. BUDGET IMPACT There is no cost to this program. ACTION REQUESTED Please approve the attached resolution affirming the City of Andover as a Fit - Friendly City. Respectfully submitted, " ( , � X�� Dana Peitso RESOLUTION RESOLUTION AFFIRMING ACTIVITY - FRIENDLY COMMITMENTS WHEREAS, the first criteria listed on the Governor's Fit City Application is stated as: Criteria 1 (required). City must adopt a resolution affirming fit- friendly commitments by community leaders and elected officials. WHEREAS, Active Living is a way of life that integrates physical activity into daily routines. The goal is to accumulate at least 30 minutes of activity each day. Individuals may do this in a variety of ways such as walking or bicycling for transportation, exercise or pleasure; playing in the park; working in the yard; taking the stairs; and using recreation facilities; and WHEREAS, the City of Andover affirms activity - friendly commitments such as: • Develop a cohesive system of parks and trails, incorporating accessible neighborhood parks. • Require that neighborhood streets be designed with pedestrians and bicyclists in mind (e.g., by using design guidelines). • Support recreation programs that encourage active living. • Ensure that physical activity facilities (youth/senior centers, trails, etc.) are accessible and affordable. • Locate schools in walkable neighborhoods or create walkable routes to existing schools. • Introduce active living issues, such as walkable communities, into public dialogue. • Increase measures for pedestrian and bicyclist safety. NOW THEREFORE, BE IT RESOLVED, that the City of Andover is committed to providing an activity friendly community to its residents. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the application for The Governor's Fit City Program. Adopted by the City Council of the City of Andover, Minnesota this 16th day of June 2009. Mike Gamache, Mayor ATTEST: Michelle Hartner, Deputy City Clerk 147� Vl 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 t TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Director of Community Development SUBJECT: Accept Update on Various Planning Cases - Planning DATE: June 16, 2009 BACKGROUND The following two cases were before the City Council on May 19, 2009 and were tabled. This is meant to provide an update to the Council as to what has been happening regarding them. 17285 Round Lake Boulevard (Lot Width) Variance Update - The review deadline for the variance at 17285 Round Lake Blvd has been extended to July 30, 2009. The applicant is considering whether they want to spend the money for a survey to receive an answer on the variance question. C.U.P. for Used Vehicle Sales Update - Staff met with the applicant (Frank Sud) and discussed the issues that were raised at the Council meeting. He has withdrawn his application for 3149 162 Lane (NE corner of 162 and Round Lake Blvd.) and is in the process of making a new application for used vehicle sales at 3075 162 Lane (according to Anoka County tax records it is owned by LARSON PROPERTIES & ASSOCIATES LLC). As of this time, the application is considered incomplete (because the property owner has not signed it). ACTION REQUESTED No action is needed, this is an informational update only. Respectfully submitted, w� Will Neumeister C I T Y O F N 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 FROM: Captain Tom Wells & Investigator Nelly — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriff's Department Monthly Report - Sheriff DATE: June 16, 2009 INTRODUCTION Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the May 2009 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells & Investigator Nelly Anoka County Sheriff's Office Attachment: May 2009 Monthly Report CITY OF ANDOVER — MAY 2009 ITEM MAY APRIL YTD 2009 MAY YTD 2008 Radio Calls 871 773 3,684 2,952 Incident Reports 934 899 4,232 2,987 Burglaries 10 15 38 19 Thefts 54 58 198 119 Crirn.Sex Cond. 3 2 12 5 Assault 6 6 32 14 Dam to Prop. 20 25 86 89 Flax. Comm. 11 8 55 44 Feloay Arrests 15 4 28 56 Gross Mis. 4 2 7 28 Misd, Arrests 52 47 183 306 DUI Axrests 10 17 59 43 Domestic Am 7 9 35 19 Warrant Arr. 9 14 54 53 Traffic Arr. 209 235 1,183 823 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 2001 0122 0204 0127 0113 0133 2244 0122 0156 2310 CITY OF ANDOVER. — MAY 2009 COIVIMVNYTY SERVICE OFFICER REPORT ITEM MAY APRIL YTD 2009 MAY YTII Y Radio Calls 140 132 582 481 Incide;at Reports 101 96 374 445 Accident Assists 4 7 39 44 VeWcle Lock Out 27 27 133 123 Extra Patrol 185 247 1 472 House Checks 1 0 3 36 Bus. Checks 42 38 157 182 Animal Compl. 54 39 182 185 Traffic Assist 13 12 56 59 Aids; .Agency I S9 211 972 647 Aids: Public 61 39 239 372 Paper Service 4 4 9 0 Inspections 2 1 3 0 Ordinance Viol. 2 0 2 1 C I T Y O F �• ND 4VE 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 J ` CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Declare Dangerous Dog DATE: June 16, 2009 INTRODUCTION On June 9, 2009 two dogs left their property and attacked a woman and her dog causing injury. DISCUSSION Attached is the police report explaining the circumstances of the incident. In response to that report, pursuant to City Code 5- 1A -11(B) is a letter from the City identifying the dogs as "potentially dangerous ". Pursuant to City Code 5- 1A- 11(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 $300,000 insuring the owner for any personal injuries inflicted by the dangerous dog, the owner must pay an annual fee to obtain a certificate of registration for a dangerous dog and the owner must have a microchip identification implanted in the dangerous dog. In the police report by Deputy Schantzen, he stated the dogs were turned over to Marline Skinner, Andover Animal Control for the 10 day quarantine period due to the fact that there have been numerous problems with dogs at this residence (attached are previous police reports). He stated it was believed that the owners or occupants of the residence would be unable to comply with the self quarantine procedures. In the City Administrator's opinion, based on the severity of the June 9 incident a "dangerous dog" declaration hearing was scheduled. Ms. Miettinen and Mr. Miettinan have been informed of the time and place of this hearing and may appear to provide testimony. Q ACTION REQUESTED The City Council is requested to consider adopting the attached resolutions declaring the Pit Bull, 011ie and Boxer Mix, Layla as dangerous dogs and order the owners to comply with the above requirements. Respectfully submitted, ;'r t--U Michelle Hartner Deputy City Clerk Attach: Police reports, "Potentially Dangerous" Letter, City Code, Resolution Cc: Theresa Miettinen, 13979 Underclift St. NW, Andover, MN 55304 John Miettinen, 13979 Underclift St. NW, Andover, MN 55304 Agency Name: ORI #: Add'I ANOKA COUNTY SHERIFFS OFFICE MN0020000 JCF: ❑ Pages: ® * 0 9 1 3 2 2 7 0 0 Reporting Officer(s): U - 17913 SCHANTZEN, MICHAEL 18198 YOUNG, ROB Total Value Stolen (Property): $0.00 Z_ Date Reported: Assigned: Arrived: Cleared: Z 06/09/2009 03:18 PM 1518 1524 1708 Total Value Damaged (Property): $0.00 w U Earliest Date/Time Occurred: Latest Daterl Occurred: U Total Value Recovered (Property): $0.00 Z_ Location of Offense /Incident: Apt.: Grid: 13900 BLOCK UNDERCLIFT ST NW ANDOVER, MN 55304- A30000- ANDOVER COs >CO 7,--- >157TH MOC Code: Classification: Disposition: 09730 MEDICAL ASSISTED /ADVISED W 09561 ANIMAL - DOG BITES ASSISTED /ADVISED Z 09573 ANIMAL COMPLAINT - DOG ON LOOSE /NO LEASH OTHER W W tL O Incident Narrative 1 1 WAS DISPATCHED TO THE LISTED LOCATION ON A REPORT OF A FEMALE BEING ATTACKED BY A PITBULL. w SEE SUPPLEMENTS FOR DETAILS OF INCIDENT. Q THERESA DIANE MIETTINEN (06/28/56) WAS ISSUED CITATION # 0200954055 FOR CITY ORDINANCE - Er NUISANCE DOG PROHIBITED VIA U.S. MAIL. Q Z DEPUTY SCHANTZEN #224 CC: CLERK OF COURT CC: MICHELLE - CITY OF ANDOVER NAME CODES A -Adult Arrested, AC -Arresting Citizen, C - Complainant, D - Driver, F - Family /Parent, G - Guardian, J -Juvenile Arrested, M -Mentioned, MP - Missing Person, I -Other Involved, O - Owner, P - Passenger, PT-Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness Person A/J /U: Code: Name: Alias. ❑ Business A R DUNPHY, KARI LYNN Address (Street, City, State, Zip): Apt.: Date of Birth- Sex: Race: 3691 139 LN NW ANDOVER, MN 55304- _ FEMALE Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus, Cell: Cell /Pager /Fax: Person A/J U: Code: Name: Alias: ❑ Business A V TOENSING, LAURIE JEAN Address City, W ( , State, Zi p): Apt: Date of Bi Street, ty rth: Sex: Race: 3617 140 LN NW ANDOVER, MN 55304- - FEMALE WHITE Z Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Cell: Cell /Pager /Fax: Person A/J /U: Code, Name: Alias: ❑ Business A S MIETTINEN, THERESA DAINE Address (Street, City, State, Zip): Apt: Date of Birth- Sex: Race: 13979 UNDERCLIFT ST NW ANDOVER, MN 55304- FEMALE WHITE F eight: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Cell: Cell /Pager /Fax: 9 BROWN BROWN W Supervisor: Extra Copy To: Related Case Number: c Q MICHELLE - CITY OF ANDOVER U Page 1 of 3 6) Case Number: ADDITIONAL OFFENSES /NAMES 1 09132270 MOC Code: Classification: Disposition: U W U Z W LL LL O NAME CODES A - Adult Arrested, AC - Arresting Citizen, C - Complainant, D - Driver, F - Family /Parent, G - Guardian, J - Juvenile Arrested, M - Mentioned, MP - Missing Person, I - Other Involved, O - Owner, P - Passenger, PT - Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness ® Person A/J /U: Code: Name: Alias: ❑ Business A O MIETTINEN, JOHN WILLIAM Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: 13979 UNDERCLIFT RD NW ANDOVER, MN 55304- MALE WHITE Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Cell: Cell /Pacer /Fax: 507 HAZEL ® Person A/J /U: Code: Name: Alias: ❑ Business J M MIETTINEN, JARED DAN Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: 13979 UNDERCLIFT ST NW ANDOVER, MN 55304- -- MALE WHITE Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Cell: Cell /Pager /Fax: 511 BROWN ® Person A/J /U: Code: Name: Alias: ❑ Business A W KONGAS, HEATHER LEE Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: 14006 UN.DERCLIFF ST NW ANDOVER, MN 55304- FEMALE WHITE Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Cell: Cell /Pager /Fax: 504 BLOND BLUE W Q ® Person A J /J /U: Code: Name: Alias: T � Z ❑Business J W V V -eh t Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: Height: 7 eight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell /Pager /Fax: ❑ Person J /U: Code: Name: Alias: ❑ Business Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus, Cell: Cell /Pager /Fax: ❑ Person A/J /U: Code: Name: Alias: ❑ Business Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: Height: Weight: Hair Color: Eye Color: Home /Bus. Phone: Work/Bus. Celt: Cell /Pager /Fax: Page 3 of 3 Oq SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 09- 132270 OFFENSE: MEDICAL/DOG BITE/LOOSE DOG *� COMPLAINANT: KARI LYNN DUNPHY ADDRESS: 3691 139 LN NW ANDOVER, MN 55304 ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. On 06 -09 -09 at 1518 hrs I, Deputy Schantzen, was dispatched to the 13900 block of Underclift St NW in the City of Andover on a report that a pit bull was attacking a female that was walking by. Dispatch advised me that somebody was trying to help get the pit bull off of dog, which was also involved. I then advised that the dog owners came out and got their dog. I was advised that the dog lives at the blue house on Underclift St. The reporting party, who was fully identified as Kari Lynn Dunphy, I advised dispatch that she could not see the victim anymore and that she went down to the next street. At 1520 hrs, dispatch received a phone call from Heather Lee Kongas, - reporting that she was .out at her residence, located at 14006 Underclift St NW in the City of Andover. A female who had a severe hand injury from a Pit bull attacking her. Upon my arrival at 1524 hrs, I made contact with the victim of the dog bite, Laurie Jean Toensing, _. She was sitting in a chair on 140 Ave NW, next to the address of 14006 Underclift St NW. I observed Laurie's hand wrapped in a towel with blood on it. Next to her was her dog, a Golden Retriever named Grace, who was approximately 5 years old: I observed the dog had saliva all over its neck and hind legs as well as blood on it. Laurie advised that the blood on her dog was from her hand. At this time Andover rescue personnel had arrived on scene. The towel was removed from Laurie's hand, which was her right hand and I observed a large gash on her right hand, which was on the top of her hand, between her thumb and index finger. This gash was approximately 1 1 /4" to 1 I /2" long and was approximately and 1/8 of an inch wide. I observed several other nicks on Laurie's hand but the gash on the top of her right hand was the most damaging. After removing the towel from Laurie's hand, I then applied two square dressings to the wound on the top of her hand and Andover Rescue personnel assisted in the bandage placement by wrapping her hand in gauze. At this time Allina Paramedics then arrived on scene and took over care of Laurie. While I was assisting Laurie, Deputy Young had gone to the house where the dogs had come from, which is 13979 Underclift St NW in the City of Andover. Deputy Young gathered information on the two dogs that were involved. See Deputy Young's supplement for further information on his contact wit the dog owner. THIS OFFENSE IS DECLARED: Unfounded [ SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. G Page 2 Case #09- 132270 Deputy Schantzen After Allina paramedics hart left the scene with Laurie, I spoke to a witness involved in this incident, Heather lee Kongas, _ . _. Heather advised me that she had been in her residence at 14006 Underclift St NW when she heard a lot of screaming. She advised me that she then looked outside and observed Laurie being attacked by two Pit bull type dogs, one being a black and white dog and the other being a brown dog. She advised that she saw the dogs attacking Laurie's dog and she advised that it also appeared that the dogs were attacking Laurie. She advised me that at one point, she did see Laurie on the ground attempting to fight off the dogs. After speaking with Heather, I then also spoke with another witness, _ He advised me that he was at his residence, . _ 'when he also heard screaming, advised me that he then ran from his residence in an attempt to help Laurie. advised that when he finally got to Laurie, a male and a female from 13979 Underclift St NW had come out to where Laurie was being attacked by the dogs. _ _ ; advised me that the male was holding onto the brown dog that had been attacking Laurie and her dog and that there was a female that was attempting to hold the black and white dog. advised me that he saw the black and white dog bite Laurie's hand. After speaking with and obtaining information from him on what had happened, I then spoke to four juvenile witnesses who were on a school bus driving past at the time of the dog attack. The juvenile witnesses all had similar stories and confirmed the account that had given me. After speaking with all the witnesses at the scene, I then responded to Mercy Hospital, where I made contact with the victim of the dog bite, Laurie. While at Mercy Hospital, I went over an account of what happened with Laurie. She advised me that she was jogging with her Golden Retriever, going southbound on Underclift St NW in the 13900 block. She advised me that she was running on the west side of the road, which would be across the street from 13979 Underclift St NW. She advised me that she is always weary about running past that residence as the dogs have been aggressive in the past. Laurie advised me that she was watching to see if the dogs were outside and she advised that she then saw the two dogs run from outside of the garage. She advised me that she had seen a male with a long ponytail in the driveway working on a vehicle. She advised that it did not appear that this male attempted to stop the dogs from coming out into the street. She advised that she then stopped running and stood still. She said that a black and white Pit bull ran off of the property and out into the street, crossing the street. She advised that this black and white pit bull then grabbed onto her dog's neck and clamped down on it. She advised that her dog became very submissive and just began to cry out and did not try to provoke and type of attack from the Pit bull. Laurie advised that a second dog, which is a brown dog, also a Pit bull . type had then come out and began to bite her dog's hind legs. Laurie advised that she kicked the black and white dog in an attempt to get the dog away from her dog as she said that she believed that the black and white Pit bull was going to kill her dog. THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] E (] Investigating Officer Exceptionally Cleared Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. `/ Page 3 Case #09- 132270 Deputy Schantzen Laurie advised that the male who was in the driveway of the house that the dogs came from was just yelling the dog's names and telling them to stop. A female then came out of the residence and attempted to get the black dog away from Laurie's golden retriever. Laurie advised me that the female had pulled the black dog off but then the dog had gotten away from the female and immediately lunged at her and bit her in her right hand, causing the injury. Laurie said that she was fairly certain that it was the black and white dog that did bite her in her hand, even though both dogs were involved in the attack. While I was at Mercy Hospital, I called Andover City Hall and made contact with Michelle at the Andover City Hall to confirm that the dogs from this residence were licensed and if their rabies vaccinations were current. Upon checking, Michelle advised me that both dogs at that residence were licensed. The black and white dog that was involved in the incident is a 1 1 /2 year old pit bull named 01i. That dog had license #218 in the City of Andover, which expires on 08- 15 -09. Michelle advised me that this does me that the dog does have a valid rabies vaccinations through 08- 15 -09. She also advised me that the person who applied for this license was Jared Dan Miettinen, Michelle advised me the second dog, which was the brown dog, which was actually a Boxer, had license #216. This dog is a female Boxer mix, which is brown in color and approximately 8 to 9 years old, named Layla. Michelle advised me that the license for this dog was obtained by John William Miettinen, I advised Laurie of this information and also advised Mercy Hospital staff that the dogs did have current rabies vaccinations. Also, while I was at the hospital, I took photographs of Laurie's injuries to her right hand. While I was at the hospital, Deputy Young stayed at 13979 Underclift St NW and spoke to the homeowner there, who is responsible for the dogs, Theresa Diane Miettenen, _ _ _ Deputy Young obtained her homeowner's insurance information for the victim. It was discovered that Theresa had Farmer's home owner's insurance, policy #0066791816. I provided this information to Laurie as well as gave her Theresa's first and last name, address and telephone number should she need to contact her regarding this dog bite incident. After providing this information to Laurie and taking photos to document her injuries, I then cleared Mercy Hospital. Deputy Young had stayed at the residence on Underclift St until Marlene Skinner with animal control, arrived and took custody of the dogs for the 10 day quarantine period. The dogs were both given to Marlene due to the fact that there have been numerous problems with the dogs at this residence as well as other criminal conduct occurring at this residence. It was not believed that the owners or occupants of that residence would be able to comply with the self quarantine procedures. After the dogs were turned over to Marlene Skinner all cars cleared the incident. THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. C—ro Page 4 Case 909- 132270 Deputy Schantzen I issued citation #0200954055 to the homeowner of 13979 Underclift St NW, Theresa Diane Miettenen, for Andover city ordinance, Nuisance Dog Prohibited. This citation was mailed to the residence via US Mail. No further information at this time. Clear. Deputy Schantzen Kw: 06 -10 -09 THIS OFFENSE IS DECLARED: Unfounded (] SIGNED: DATE: Cleared by Arrest () Officer Investigating Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency (] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. NOTICE OF "POTENTIALLY DANGEROUS DOGS' ICR 4 : acne of Owner: VM 4Agn, V-.":... eAA Date of Notification: �G (off( ®o Jdress: 5k N W Date of Birth: Citation Number: V-3 I,tA ime Phone: - Business Phone: r one of Dog: Breed: r ,� '�°\�� Color: �v C,%-3V A ge: ,utered /Spayed: 0 YES KNO ptJV%-Udl b y %A s: wo was bitten Person or other dcirries'tic animal 0 while on public property was chased or Person approached by the above said dog, in apparent attitude of attack prow - pcation or; Cj The above said dog has on the following dates in the past attacked, persons or other domestic animals without provocation: Date Time LC-R. n Date Time t-C.R. # Date Trrrle i. C. R. -- ted Signed By: Deputies Name Title ` -7- Anoka County Sheriff's Department Anoka County, Minnesota Dog Owner Anoka C-ounty Propjarry Tax Administration - NOTICE OF "POTENTIALLY DAN GEROUS DOG" 1CR}#: a.tne of Owner : ��nnyts®..�:s ne_ �tG�; v�,�Gt . Date of N otification: 06 i ®q lo� dress: 13q 0 1yJ Date of Birth: . 7 Citation Number: Gmood°lSLic)9S ire Phone: Business Phone: ame of Dog: Breed: lx: Age: : /Spayed: 0 YES NO �.. c��/ i c� �� e.�w e c►S ��- was bitten Person or other damir :sfic animal 0 while on public property was chased or Person approached by tine above said dog, in apparent attitude of attack without provocation or; L1 Thb above said dog has on the following dates in the past attacked, persons or other domestic animals without provocation: Date Time !.0 -R. rr Date Time i_C.R. # . Date Tirtie t.C,R�rr .ted: Q 6 ° hjO q Signed By: Deputies Name True . f Anoka County Sbariffs Department Anoka Coanty, Minnesota Dog C ner Anoka County ProPjarty Tax Administratian Z t� ' 4 tt�' - .� � F ._ S Yf 1• t t _l. i _ .... 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L� `� �@, MS -�� _ �, k k �� y �� . � �N °�. �.� �" � ��. ,• n t, . .. �` n �� 4 � �� e- n g z.y �t °' �' � P ,, 4 a �. � �� . t..�. ��£,�.. �� ` H .. � �� . x "Ut r Po _vp >i�ti.' � a t� w R 4= P } �p 5 .. t 'n krt 4 max„ N++ A y�r A C I T Y O F Niff 0 VT E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 WWW.CI.ANDOVER.MN.US June 10, 2009 John William Miettinen. 13979 Underclift St. NW Andover, MN 55304 Dear Mr. Miettinen: Your Boxer X, Layla has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it attacked a woman and_her dog causing injury. In the event your dog again aggressively attacks, bites or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including abatement. The City Code 54A states that all dogs must have a City license. Our records indicate that your dog does not have a current license in the City of Andover. If your dog is not licensed within 10 days of the day of this letter you will be cited by the Sheriff's Office. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. I have enclosed a copy of the City Code for you to review. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. If you have any questions, please feel free to call me at 763 - 767 - 5107. Sincerely, Michelle Hartner Deputy City Clerk Enclosure C I T Y TO F DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US June 10, 2009 Theresa Diane Miettinen 13979 Underclift St. NW Andover, MN 55304 Dear Ms. Miettinen: Your Pitbull, Oli has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it attacked a woman and her dog causing injury. In the event your dog again aggressively attacks, bites or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including abatement. I have enclosed a copy of the City Code for you to review. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. If you have any questions, please feel free to call me at 763 - 767 -5107. Sincerely, Michelle Hartner Deputy City Clerk Enclosure 0 Case Number 09118665 Details Page 1 of 1 Case Number 091 Details CAD Information Imaged Documents CASE DESCRIPTION: 09573 ANIMAL COMPLAINT- DOG ON LOOSE /NO LEASH DATE OF INCIDENT: 5/25/2009 LOCATION OF INCIDENT: 13979 UNDERCLIFT ST NW, ANDOVER, MN 55304 - NAME DOB SEX INVOLVEMENT MIETTINEN, ROBERT DAN M SUSPECT REPORTING OFFICER(S): NARRATIVE: TAG #947 -377 ISSUED TO R.D.M. FOR DOG AT LARGE. CSO YANTOS BJH 05/27/09 CC: CLERK OF COURTS https:Haccr.ci. coon - rapids .mn.us /CaseDetails.asp ?Ca _ mbe 06/10/2009 Case Number 07053659 Details Page 1 of 1 Case Number 070536 Details CAD Information Imaged Documents CASE DESCRIPTION: 09561 ANIMAL - DOG BITES DATE OF INCIDENT: 3/12/2007 11:41 LOCATION OF INCIDENT: 13979 UNDERCLIFT ST NW, ANDOVER, MN 55304 - NAME DOB SEX INVOLVEMENT WERNESS, CARRIE F REPORTEE MIETTINEN, ROBERT DAN M OWNER REPORTING OFFICER(S): NARRATIVE: I RECEIVED A CALL AT THE ABOVE LOCATION REGARDING A DOG BITE. WHEN I ARRIVED AT THE WERNESS'S ADDRESS, I SPOKE WITH WERNESS WHO TOLD ME SHE WAS WALKING HER SON AND HER DOG ON THE OPPOSITE SIDE OF THE STREET WHEN THE DOG CAME OUT OF THE YARD AND BIT HER ON HER ANKLE, THE DOG THEN RETREATED TO ITS OWN YARD. WERNESS DID NOT NEED MEDICAL ATTENTION BUT WANTED TO FILE THE REPORT. WHEN I ARRIVED AT THE LOCATION OF OFFENSE, I WAS UNABLE TO CONTACT ANYONE LIVING AT THE RESIDENCE. WHILE THERE I DID NOTICE AN AGGRESSIVE DOG LOCKED WITHIN THE HOUSE. I LOOKED UP THE ADDRESS OF THE INCIDENT AND LOCATED A PHONE NUMBER. I LEFT A MESSAGE WITH MIETTINEN'S ANSWERING MACHINE STATING THAT THEIR DOG WAS INVOLVED IN VITING A PASSERBY AND THAT HE NEEDED TO CONTAIN HIS PET FOR A PERIOD OFF TEN (10) DAYS ONLY LETTING IT OUTSIDE TO GO TO THE BATHROOM ON A LEASH. I THEN PASSED THE INFORMATION ONTO B SHIFT FOR A FOLLOW -UP. NOTHING FURTHER. CLEAR. CSO FOSSUM : KH 3/13/07 https: / /accr.ci. coon - rapids .mn.us /CaseDetails.asp ?Case Number = 07053659 &Jurisdiction... 06/10/2009 Case Number O6737089Details Page l0fl Case Number Details CAD Information imaged Documents CASE DESCRIPTION: OQ501 ANIMAL - DOG BITES DATE 0FINCIDENT: 10/6/2006 14:15 LOCATION 0FINCIDENT: 1397QUNDERCL|FTST NW, ANDOVER, KAN553U4- NAME DOB SEX INVOLVEMENT K8 REPC)RTEE / F OWNER REPORTING OFFICER(S): NARRATIVE: DISPATCHED TO THE CALL OFA DELAYED DOG BIT REPORT. UNABLE TO MAKE CONTACT WITH R/P. | STOPPED BY THE LO.|. AND SPOKE WITH M.E.K8. WHO STATED HER DOG HAD BEEN INSIDE ALL DAY. LEFT KUY CARD ATR/P'S RESIDENCE TO CALL. NFA.CLEAR. CSDA.ANDERSON 8JH11/10/06 hrh`n://accrci.on .mo. .uap?Coae Nuozbor=U6237O898tJoriudicLoo— 06/10/2009 Case Number 04246428 Details Page 1 of 1 Case Number 042464 Details CAD Information CASE DESCRIPTION: 09573 ANIMAL COMPLAINT - DOG ON LOOSE /NO LEASH DATE OF INCIDENT: 10/2112004 17:00 LOCATION OF INCIDENT: 13979 UNDERCLIFT ST NW, ANDOVER, MN 55304 - NAME DOB SEX INVOLVEMENT MIETTINEN, THERESA DIANE F SUSPECT FREEMAN, ERIC M REPORTEE REPORTING OFFICER(S): NARRATIVE: DISPATCHED TO THE AREA OF 3691 139TH LANE NW REGARDING A BROWN PITBULL LOOSE IN THE AREA. THE CALLER DIRECTED DISPATCH TO A BLUE HOUSE ON UNDERCLIFT AS THE DOG'S OWNER. I WAS AWARE OF THE DOG AND ITS OWNER AS I HAVE BEEN TO THE HOUSE BEFORE REGARDING A DOG AT LARGE (REFER TO ICR #04- 222304). UPON ARRIVAL AT 13979 UNDERCLIFT ST NW, I OBSERVED A BROWN AND WHITE PITBULL IN THE FRONT YARD UNRESTRAINED. AS I WALKED ON TO THE PROPERTY, THE DOG BARKED AND FOLLOWED ME CLOSELY AS I MADE CONTACT WITH THE OWNER, THERESA DIANE MIETTINEN, DOB 6/28/56. 1 TOLD THERESA THAT I HAD RECEIVED A COMPLAINT THAT THE DOG WAS LOOSE IN THE NEIGHBORHOOD AGAIN. SHE TOLD ME SHE WAS IN THE REAR YARD AND UNAWARE THE DOG WAS OUT. I TOLD HER SHE WOULD BE RECEIVING A CITATION IN THE MAIL FOR DOG AT LARGE. I ISSUED CITATION #783 -278 AND MAILED IT VIA US POST. CLEAR WITH NO FURTHER ACTION. CSO SIMS #14 BJH CC: CITY OF ANDOVER l https: / /accr.ci. coon - rapids .mn.us /CaseDetails.asp ?Case Number = 04246428 &Jurisdiction... 06/10/2009 SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 04196353 OFFENSE: dog bite Andsy.. o * COMPLAINANT: MINDY ANN DUERR ADDRESS: 3778 138TH LANE NW, ANDOVER, MN 55304 ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. On 8/23/04 at 1903 hours, I C.S.O. Schantzen, was dispatched to take a dog complaint. I spoke with M. Johnson who stated that just previous to the time of the call, his daughter D. Johnson was riding her bike in the 13900 Block of Undercliff St NW when a brown pit -bull chased her and attempted to bite her. D. Johnson stated that the dog did not break any skin but only bit her jeans. She informed me that that the house number that the dog came from was 13979 Undercliff St NW. I also spoke with S. Johnson, her mother, who informed me that she was familiar with the dangerous dog ordinance and I advised her that I would be filling out the dangerous dog form and submitting it to the City of Andover. I also spoke with a witness to this incident who had called and wanted to be seen. I spoke with J. Duerr who informed me that he had been driving on Undercliff St NW when he had witnessed a girl, later identified as D. Johnson, riding her bike down the street when she was approached and bit by a brown pit - bull. J. Duerr stated that he followed D. Johnson home and spoke to M. Johnson and S. Johnson about the incident. He also stated that he and his wife, M. Duerr had a similar incident occur on 8/21/04 where his wife was bit by the same brown pit -bull while riding her bike. (See case #04196351) J. Duerr stated that they would be willing to testify in court if necessary regarding this matter. After speaking with the Johnson family and J. Duerr, I attempted to make contact with the dog owner identified in our records system as T. Miettinen. I responded to 13979 Undercliff St NW and was unable to make any contact at that time. On 8/25/04, I spoke with T. Miettinen by phone who identified herself as the dog owner. She advised me that her dog is a one year old pit bull named Shera. She advised that the dog had not been spayed, but it did have current rabies vaccinations. I advised her of the bite incident today as well as the one which occurred on 8/21/04. I also informed her that I will be completing a dangerous dog form. She stated that she is going to bring the dog up north and give it to her friend. I advised her that if she does get rid of the dog, she must contact Vicki Volk at the City of Andover. She said that the dog would be gone by this weekend and that she would advise Vicki. I also made contact with the City of Andover to verify if T. Miettinen had a current license for the dog. They advised me that she did not at this time. No further information at this time. Clear. C.S.O. Schantzen #06 CC: Andover City Hall Transcribed by Brenda Held 8/26/04 THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and S ays and Weekly Thereafter. Also to Report Significant Developments. 0q —) ANOKA COUNTY SHERIFF'S OFFICE JCF CASE NUMBER 325 E MAIN ST, ANOKA MN 55303 ADD PAGES 04196351 CLASSIFICATION CODE DISP CLASSIFICATION I CODE DISP ANIMAL - DOG BITES 1 10956 1 CLASSIFICATION C DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP REPORTING OFFICER(S) DATE REPORTED JASSIGNED ARRIVED CLEARED EARLIEST DATE/TIME OCCURRED TE/TIME OCCURRED 8/2312004_ _ 1903 11919 . _ 1931 1 LATEST DA LOCATION OF OFFENSE /INCIDENT APT # GRID VALUE STOLEN VALUE DAMAGED VALUE RECOVERED 13_ 900 BLOCK UNDERCLIFT ST NW, ANDOVER, MN 55304- A30 $ $ $ A/J REPORTING PARTY'S NAME DATE OF BIRTH SEX RACE HOME PHONE A JOSEP ALLEN DUERR WW ADDRESS APT CITY STATE ZIP WORK PHONE 3778138 LN NW ANDOVER MN 155 304 - NARRATIVE WHILE SPEAKING WITH JOSEPH DUERR ABOUT AN ANIMAL COMPLAINT, HE INFORMED ME OF AN INCIDENT INVOLVING THE SAME DOG WHICH OCCURRED ON 8/21/04 AT ABOUT 1800 HOURS. HE INFORMED ME THAT HE AND HIS WIFE MINDY DUERR WERE RIDING THEIR BIKES ON UNDERCLIFF ST NW WHEN A BROWN PIT BULL BIT HIS WIFE IN THE LEG. SEE SUPPLEMENT FOR FURTHER INFORMATION ALSO CASE #04- 196353 CSO SCHANTZEN BJH A/J /U I CODE NAME IDOB HGT WGT HAIR EYES A V MINDY ANN DUERR F ADDRESS APT CITY STATE ZIP 3778138 LN NW ANDOVER MN 55304 - ALIAS HOME /BUS PHONE WORK / 2ND BUS PHONE CELL / PAGER / FAX A/J /U CODE NAME I DOB SEX RACE HGT WGT HAIR EYES A :0 THERESA DIANE MIETTINEN F W 508 BRO BRO ADDRESS APT CITY STATE ZIP 13979 UNDERCLIFF ST NW ANDOVER I MN 55304 - ALIAS HOME / BUS PHONE WORK/ 2ND BUS PHONE CELL / PAGER / FAX A/J /U I CODE NAME DOB I SEX RACE HGT WGT I HAIR I EYES ADDRESS 'APT CITY STATE ZIP A HOME / BUS PHONE WORK / 2ND BUS PHONE CELL / PAGER / FAX _ AIJIU CODE NAMES DOB SEX RACE I HGT WGT HAIR EYES ADDRESS APT CITY STATE ZIP ALIAS HOME / BUS PHONE WORK / 2ND BUS PHONE CELL 1 PAGER I FAX RELATED CASE NUMBERS: ENTRY 1 ENTRY 2 ENTRY 3 ��ENTRY 4 SUPERVISOR _. COPY TO �� SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 04196351 OFFENSE: DOG BITE * ' COMPLAINANT: MINDY ANNI DUERR ADDRESS: 3778 138TH LANE NW, ANDOVER, MN 55304 ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. On 8/23/04 at 1903 hours, I was dispatched to an animal complaint. I spoke with J. Duerr who was a witness to a dog bite (See case #04- 196353). While I was speaking with J. Duerr, he stated that his wife had been bit by the same dog on 8/21/04. He stated that he was very concerned about this dog because there are many small children in the area and the dog has bit two people in the last week. J. Duerr stated that the incident which had occurred on 8/21/04 happened at about 1800 hours. He said that he and his wife were riding down Undercliff St NW when a brown pit -bull came out of a yard and bit his wife in the leg. He said that at the time of the bite, a male came out and grabbed the dog, but didn't say anything to them. He also said that he did not stop at the time because he was pulling his child in a trailer behind his bike. J. Duerr did not have the house numbers, but gave a description of a faded blue house with a wood fence. The house was later identified as 13979 Undercliff St NW. On 8/25/041 spoke to M. Duerr, the victim of the bite, who confirmed the information about the bite given by J. Duerr. I advisedher that I would be filing a report on her bite incident and completing a dangerous dog form. I also spoke with T. Miettinen and advised her of the bite as well as the bite from 8/23/04. Dangerous dog form was completed under case #04196353. No further information at this time. Clear. C.S.O. Schantzen #06 CC: Andover City Hall THIS OFFENSE IS DECLARED: Unfounded [] Cleared by Arrest [ ] SIGNED: DATE: Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three an Days and Weekly Thereafter. Also to Report Significant Developments. _A0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -09 A RESOLUTION DECLARING A DOG OWNED BY JOHN WILLIAM MIETTINEN, 13979 UNDERCLIFT STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Boxer Mix owned by John William Miettinen, 13979 Underclift Street NW, Andover has been allowed to run at large; and WHEREAS, on June 9, 2009 said dog left its property and bit a woman; and WHEREAS, on June 10, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, based on the severity of the June 9, 2009 incident a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report of the June 9, 2009 incident and testimony at the hearing to hereby declare a Boxer X owned by John William Miettinen, 13979 Underclift Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- 1A -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to John William Miettinen a copy of the resolution. Adopted by the City Council of the City of Andover this 16 day of June, 2009. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk C �� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -09 A RESOLUTION DECLARING A DOG OWNED BY THERESA DIANE MIETTINEN, 13979 UNDERCLIFT STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Pitbull owned by Theresa Diane Miettinen, 13979 Underclift Street NW, Andover has been allowed to run at large; and WHEREAS, on June 9, 2009 said dog left its property and bit a woman; and WHEREAS, on June 10, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, based on the severity of the June 9, 2009 incident a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report of the June 9, 2009 incident and testimony at the hearing to hereby declare a Pitbull owned by Theresa Diane Miettinen, 13979 Underclift Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- 1A -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Theresa Diane Miettinen a copy of the resolution. Adopted by the City Council of the City of Andover this 16 day of June 2009. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 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- 1A -11: Dangerous And Potentially Dangerous Dogs And Cats 5- 1A -12: Summary Destruction Of Certain Dogs 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 express or implied invitation of the owner. a3 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. 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: 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 Z . 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 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" a they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 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 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; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the 4 See title 12, chapter 7 of this code for fence requirements and restrictions. 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. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. (Amend. 12 -2 -2008; Ord. 376) 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 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. B. 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 Dcq(� 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) D. License Fee; Expiration Of License: The license fee shall be in such 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) See subsection 1 -7 -3A of this code. cai) 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 any one- 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 on a 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 /cat that is a nuisance shall be in violation of this article. (Amended Ord. 233, 11 -4 -1997) B. 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) 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. B. 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, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner 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 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 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 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. B. 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 /CAT. Date , 20 To whom it may concern: 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, 11 -4 -1997) 02) 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) 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 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 G�) 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 at which 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, 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. The animal control authority of the city may charge the owner an annual fee, in addition to any regular dog /cat licensing fees, to obtain a certificate of registration for a dangerous dog /cat under this section. A dangerous dog /cat registered under this section must have a standardized, easily identifiable tag identifying the dog /cat as dangerous and containing the uniform dangerous dog symbol, affixed to the dog /cat's collar at all times. The owner of the dangerous dog /cat must comply with the following provisions and present sufficient evidence of compliance with them: (Amended 12 -2 -08; Ord. 376) a. A proper enclosure exists for the dangerous dog /cat and a posting on the premises with a clearly visible warning sign that there is a dangerous dog /cat on the property, including a warning symbol to inform children; and (Amended 12 -2 -08; Ord. 376) 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 three hundred thousand dollars ($300,000.00) 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 three hundred thousand dollars ($300,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog /cat. (Amended Ord. 233, 11 -4 -1997; Amended 12 -2 -08; Ord. 376) c. The owner has paid an annual fee, in addition to any regular dog /cat licensing fees, to obtain a certificate of registration from the city for a dangerous dog /cat. (Amended 12 -2 -08; Ord. 376) d. The owner has had microchip identification implanted in the dangerous dog /cat as required under Minnesota Statues Section 347.515. (Amended 12 -2 -08; Ord. 376) e. 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 muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible 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. (Amended 12 -2 -08; Ord. 376) f. 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; 4) the dog /cat is outside the proper enclosure and not under physical restraint of a responsible individual; 5) the dog is not sterilized within 30 days, pursuant to city code section 5 -1A -11 A 4.j. If the owner of a dog /cat is convicted of a crime for which the dog /cat was originally seized, the may order that the dog /cat be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog /cat. (Amended Ord. 233, 11 -4 -1997; amd. 2003 Code; Amended 12 -2 -08; Ord. 376) g. If the animal control authority for the city issues a certificate of registration to the owner of a dangerous dog /cat pursuant to section 5 -1A -11 a. 4., the animal control authority requires posting of the owner's property with a warning symbol to inform children that there is a dangerous dog /cat on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may Charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. (Amended 12 -2 -08; Ord. 376) h. An owner of a dangerous dog /cat must renew the registration of the dangerous dog /cat annually until the dog /cat is deceased. If the dog /cat is removed from the city, it must be registered as a dangerous dog /cat in its new jurisdiction. (Amended 12 -2 -08; Ord. 376) i. An owner of a dangerous dog /cat must notify the animal control authority of the city in writing of the death of the dog /cat or its transfer to a new location where the dog /cat will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog /cat's death or disposition or the complete name, address, and telephone number of the person to whom the dog /cat has been transferred or the address where the dog /cat has been relocated. (Amended 12 -2 -08; Ord. 376) j. The animal control authority of the city shall require a dangerous dog /cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may seize the dog /cat and have it sterilized at the owner's expense. (Amended 12 -2 -08; Ord. 376) k. A person who owns a dangerous dog /cat and who rents property from another where the dog /cat will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog /cat that will reside at the property. (Amended 12 -2 -08; Ord. 376) I. A person who transfers ownership of a dangerous dog /cat must notify the new owner that the animal control authority has identified the dog /cat as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number. (Amended 12 -2 -08; Ord. 376) 5. All provisions of Minnesota State Statute Sections 347.54, 347.541, 347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure, disposition of seized animals, restrictions on dog ownership, penalties, and destruction of dogs in certain circumstances. (Amended 12 -2 -08; Ord. 376) 6. 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. b. Dogs /cats may not be declared dangerous if the threat, injury, or 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. (Amended 12 -2 -08; Ord. 376) 7. 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; Amended 12 -2 -08; Ord. 376) B. Potentially Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriff's Deputy, animal control officer, or other duly authorized person, occurred under 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: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this article and /or the zoning ordinance' . 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, of the 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 . ' See section 12 -15 -6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. (6) Method to be used in keeping the premises in a sanitary condition. (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. 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'. 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. See subsection 1 -7 -3A of this code. a. Private Kennel License: Before revoking a private kennel license, 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) 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. B. 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. D. 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 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: A. Nuisances Subject To Abatement: The following are declared nuisances subject to immediate abatement by resolution of the 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. B. 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 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 C 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. 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 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) 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) 6R) nQ A 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 FROM: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Consider Accepting Petition /Order Feasibility Report /08- 20A/Clocktower Commons Turn Lane Improvements - Engineering DATE: June 16, 2009 INTRODUCTION The City has received petitions from three property owners within Clocktower Commons requesting access improvements, Project 08 -20A. DISCUSSION The petition is the first step in the 429 assessment process. A feasibility report will be prepared and discussed with the petitioner and other benefitting properties. It will then be brought back to the City Council at a future Council meeting. Staff has also received a letter from the parties that petitioned for the improvements with additional requests. Please refer to the attached letter; the requests identified below should be discussed by the Council: Request #1. That the final assessment role be prepared and mutually agreed to prior to ordering plans and specifications. Staff Response: The City's policy regarding final assessment is to process the final assessment after the project is completed and all associated project costs are obtained. This ensures that the benefiting properties are assessed for actual costs not estimated cost. Staff typically prepares a preliminary assessment roll after the bids are received. This information is presented to the Council at the time the project is awarded. Request #2. That the applicants be allowed to refuse the project should the feasibility study or final construction bid prove to be economically infeasible for the affected parties. Staff Response: The City Council makes the decision if the project continues to move forward at the time the feasibility report is presented or when the bids are received. The Council's past practice is to work with the petitioners and benefiting properties and approve or reject projects based on the interest to move forward by the majority or all of the benefiting properties. Mayor and Council Members June 16, 2009 Page 2 of 2 Request 43. That because the applicant commenced this project as a private improvement, and has essentially completed the design as part of the application, be allowed to finish final plans and specifications for this project as opposed to transferring the project to another engineer undoubtedly creating rework and inefficiency that this project cannot bear. The City Engineer will be provided the opportunity to review and comment on the final plans prior to issue. Staff Response: The City policy for public improvements is to have the City prepare final plans and specifications for all 429 public improvement projects. Plans and specifications are completed by City staff or consulting engineering firms that have experience working on public projects within the City. If the applicants engineer provides the survey information, that would save time and project costs. This process has proven beneficial over the years to provide quality control for projects, ensure that projects are being constructed to City standards and built to prevent major maintenance in the future. In Staff's opinion the current process maintains the City's duty to the public as a whole and to allow a situation as requested would not be good public policy and could potentially set an unwanted precedent for future development scenarios. BUDGET IMPACT The cost of the improvement would be assessed pursuant to a feasibility report to the benefitting properties over an 8 year period. ACTION REQUIRED The City Council is requested to consider approving the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 08 -20A, Clocktower Commons Turn Lane Improvements. The City Council is also requested to discuss the requests of the petitioner and provide direction to staff and the petitioner. Res lly submitted, Dickinson David D. Berkowitz Attachments: Resolution, Letter from Petitioners, Petitions & Concept Plan cc: Darren Lazan, Landform, 105 S. 5 th Ave., Suite 513, Mpls, MN 55401 Tom Roberts, BDT Land, LLC, 6484 Pinnacle Dr., Eden Prairie, MN 55346 Lakes Conoco Andover, Branch Development, LLC, 6609 N. Shore Trl., Forest Lake, MN 55025 McDonalds, PO Box 66207, Chicago, IL 60666 Winslow Holasek, 1159 Andover Blvd. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF PROJECT NO. 08 -20A. CLOCKTOWER COMMONS TURN LANE IMPROVEMENTS WHEREAS, the City Council has received petitions, dated June 11, 2009 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. Escrow amount for feasibility report is $5,000.00 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a meeting this day of , 19 _, with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk L A N D F O R M i • From Site to Finish • 0 I 800c Butler Square Tel: 612- 252 -9070 100 NortR Sixth Street Fax: 612- 252.9077 6/10 /2009 Minneapolis, MN 55403 Web: landform.net 3 Jim Dickinson City of Andover, City Administrator 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Petition for Public Improvements - i Mr. Dickinson, As you are aware we have been working through Sketch Plan and PUD amendment process to consider a new driveway connection to.Clocktower Commons in the Northeast corner of Hanson and Crosstown Boulevards. . After meeting with staff it was suggested we work with the adjacent property to the south to conceptually design an both the driveway entrances and evaluate the ultimate configuration of these connections. In addition to the previous traffic studied requested, we prepared a supplemental memo analyzing the proposed configuration for both Level of Service and Safety. After considerable discussions with staff, council, and adjacent property owners BDT Holdings, LLC respectfully requests you accept the attached petition and order the feasibility study for the public improvements shown in the current concept plan. The attached petition and waiver represent 50% of the six affected properties, and it is anticipated the remaining waivers will be completed following the feasibility study results, prior to ordering plans and specifications. Because this will be a closely held petition with 100% waivers, we are additionally requesting the following: i 1. That the final assessment role be prepared and mutually agreed to prior to ordering plans and specifications. 2. That the applicants be allowed to refuse the project should the feasibility study or final construction bids prove to be economically infeasible for the affected parties. 3. That because the applicant commenced this project as a private improvement, and has essentially completed the design as part of the application, be allowed to finish final plans and specifications for this project as opposed to transferring the project to another engineer undoubtedly creating rework and inefficiency that this project cannot bear. The City engineer I r will be provided the opportunity to review and comment on the final plans prior to issue. i Landform', SensiblyGrearP and Site to Finish - are service marks of Landform Engineering. Company. - • i - 0 0 I i We appreciate the efforts of both the council and staff in working through this process, and it is our hope that this solution will provide both the affordable solution required by the applicant, and the safety improvements desired by staff. We look forward to your direction on the June 16 council agenda. j i I�espe tfwIJ, g Darren Lazan DL ' f COPY: Tom Roberts, BDT Holdings, LLC I i ENCL: Petitions (3) Sketch Plan E r .. E 9 i ' f z Jim Dickinson 2 6/10/2009 ................ . PETITION FOR IMPROVEMENTS June 3, 2009 Mr. Dave Berkowitz Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Andover Clocktower Commons Access Request Mr. Berkowitz: The undersigned fee owner of real property located at the address indicated below does hereby petition for improvements of the construction of a new drive access and turn lanes located on Crosstown Boulevard approximately seven hundred feet (700') east of the intersection with Hanson Boulevard in the City of Andover, MN. The costs of the improvements to be assessed against my benefiting property will be allocated after the final design and costs are determined with my consent. Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible. Sincerely, ter! Property Owner d Name C%j `1 U L►t��jS, �� - j U^- /1d �'� t�, Address VQ Nwor fc Df City, State, Zip C` av !�! n `�� J�l�' 3 3 q Phone (Home) Z_ �'�` 5- L / `f (Work) PETITION FOR IMPROVEMENTS June 3, 2009 Mr. Dave Berkowitz Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Andover Clocktower Commons Access Request Mr. Berkowitz: The undersigned fee owner of real property located at the address indicated below does hereby petition for improvements of the construction of a new drive access and turn lanes located on Crosstown Boulevard approximately seven hundred feet (700') east of the intersection with Hanson Boulevard in the City of Andover, MN. The costs of the improvements to be assessed against my benefiting property will be allocated after the final design and costs are determined with my consent. Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible. Sincerely, U-C- Property Owner - L0 Name Address City, State, Zip mt Phone (Home) C� 5 Z- `�j 3q �� (Work) 3 4 9 Ll 7 3 PETITION FOR IMPROVEMENTS June 3, 2009 Mr. Dave Berkowitz Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Andover Clocktower Commons Access Request Mr. Berkowitz: The undersigned fee owner of real property located at the address indicated below does hereby petition for improvements of the construction of a new drive access and turn lanes located on Crosstown Boulevard approximately seven hundred feet (700') east of the intersection with Hanson Boulevard in the City of Andover, MN. The costs of the improvements to be assessed against my benefiting property will be allocated after the final design and costs are determined with my consent. Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible. Sincerely, Property Owner L y I `� Name Address I� City, State, Zip L ,fi, /L j 5 3' Phone (Home) q 1 54 4 (Work) O � ce a O p U� o LL 0 - wo Z O� • - 6E / � Q V / _ c \ \,'`a• \\ '/ � „� f., �' -` ._""'> '— L I II i .. r O fyi I ti \ P y 1 '� \ ` ' } \� � ♦ \`\ \\ q� b i ° it �° �' / / / .•f f \ �j IN ttl 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 FROM: Jim Dickinson, City Administrator SUBJECT: Schedule July EDA meeting DATE: June 16, 2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the July 7, 2009 City Council meeting. DISCUSSION Tentative agenda items for a July EDA meeting have been identified as follows: 1. Progress Report — Bunker Lake Blvd Frontage Road Realignment 2. Discuss Andover Station North Monument Signs 3. Discuss Andover Station Design Guidelines — Outdoor Displays 4. Purchase Agreement /Letter of Intent/Progress Review 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the July 7, 2009 City Council meeting. espe lly submitted, J. Die inson C I T Y O F N 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 FROM: Jim Dickinson, City Administrator SUBJECT: Schedule July Council Workshop DATE: June 16, 2009 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of July for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general July workshop have been identified as follows: 1. Council Goal Discussion 2. 2010 Budget Development Progress Report 3. 2011 -2015 Capital Improvement Plan Development Progress Report 4. Water Quality Requirements — Lower Rum River Watershed District 5. Discuss Assessment Policy Manual 6. Continued Discussion on Alternative Energy Options 7. Single Family Residential Market Value Preservation Program Progress Report 8. Community Tour ? ?? Other items may be added upon Council request. ACTION REQUIRED Schedule a July Council workshop, a suggested date is July 28 at 6:00 pm, or other dates or times acceptable to the Council. espect ubmitted, ickinson k C I T Y O F N 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 FROM: Jim Dickinson, City Administrator SUBJECT: Reschedule August 4 Council Meeting DATE: June 16, 2009 INTRODUCTION August 4, 2009 is scheduled to be "Night to Unite ", previously named National Night Out, and also a regularly scheduled Council meeting night. Please refer to attached newsletter article that will be going out with the next issue of the Andover Today explaining the new name. DISCUSSION To give the Council the opportunity to attend Night to Unite events throughout the city, it is recommended that the August 4, 2009 Council meeting be rescheduled. Suggested options are: - Monday, August 3, 2009 - Wednesday, August 5, 2009 -Or another date acceptable to the Council ACTION REQUESTED Council is requested to reschedule the August 4, 2009 Council meeting to a date acceptable to the Council. p Dickinson mitted, Attachme nt Newsletter Article SEE ATTACHED FOR NEW "NIGHT TO UNITE" LOGO It Will Still Be a NIGHT To Remember When National Night Out (NNO) takes place August 4, 2009, the annual celebration will have a new name —Night to Unite. The Minnesota Crime Prevention Association (MCPA), which guides Crime Prevention initiatives in the state, decided to move away from the National Association of Town Watch (NATW) and create a night with more of a Minnesota flavor. There were many factors that went into making the decision including the lack of support provided by NATW and the high cost of their promotional items. In addition, when residents from our communities would sign up on the NATW web -site, local law enforcement agencies would not be notified so we would not know about their celebrations; leaving many residents disappointed. The concept of Night to Unite remains the same as NNO; getting the public out to meet each other and law enforcement officials. Over the next few months, the Night to Unite committee will meet to hammer out the specifics of the event, including planning kits and promotional items. As party participants, you will not notice a change outside of the name. Our office encourages residents in Andover lock their doors, turn on their outside lights and spend the evening getting acquainted with each other during Night to Unite. Whether you are an organized Neighborhood Crime Watch (NCW) group, or just thinking about organizing, it is important to talk with your neighbors and find out what is going on. The whole purpose of Night to Unite is to encourage residents to organize and start a NCW Program. This program plays an integral part in crime detection and prevention, in partnership with local law enforcement. National statistics have indicated that when neighbors are committed to participating in neighborhood watch groups, that the quality of life in their neighborhoods improved. '"Opportunity" provides the impetus for crime to occur. If neighbors organize their efforts to be vigilant of each other's property, it will likely result in the reduction of criminal incidents. The Sheriff's Office is committed to keeping Night to Unite as successful of an event as NNO. If you would like to host a party, log on to www.AnokaCounty.us /crimewatch for details or contact Laura Landes, Crime Prevention Coordinator, at 763.767.4664 to get on the mailing list. CITY OF ,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 FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: June 16, 2009 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 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. espe ly submitted, im Dickinson qk] I T Y O F D OVE -.w 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Discuss Litigation/Precision Seal Coating, Inc. — Administration/Engineering DATE: June 16, 2009 INTRODUCTION An update on the Precision Seal Coating, Inc. litigation will be presented and discussed with the City Council at the Closed Session. Respectfully submitted, David D. Berkowitz V V I T Y O F DATE June 16, 2009 ITEMS GIVEN TO THE CITY COUNCIL ➢ May 2009 Monthly Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. GASTAFRRHONDAAWGENDMCC LIST.doc CITY OF ANDOVER 2009 Monthly Building Report TO: Mayor and City Council FROM: Don Olson MAY BUILDING PERMITS Permit/Plan Tax Total Valuation 2 Residential $ 5,247.50 $ 206.50 $ 5,454.00 $ 413,000.00 Single Family 2 5,247.50 206.50 5,454.00 413,000.00 Septic - - - - Townhome - - - 4 Additions 2,015.47 37.75 2,053.22 75,500.00 3 Garages 1,742.15 34.85 1,777.00 69,700.00 3 Basement Finishes 300.00 1.50 301.50 - Commercial Building - - - ' Pole Bldgs /Barns - - - ' 1 Sheds 132.74 1.40 134.14 2,800.00 2 1 Swimming Pools 128.35 2.05 130.40 4,100.00 Chimney /Stove /Fireplace - - - ' 2 Structural Changes 274.75 8.00 282.75 15,500.00 3 Porches 1,031.16 17.90 1,049.06 35,800.00 20 Decks 1,803.25 22.95 1,826.20 45,900.00 1 Gazebos 123.50 1.20 124.70 2,400.00 1 Repair Fire Damage 1,088.95 58.01 1,146.96 116,022.00 41 Re -Roof 3,150.00 20.50 3,170.50 - 15 Siding 1,200.00 7.50 1,207.50 - 2 Other 460.50 13.50 474.00 27,000.00 Commercial Plumbing - - - - Commercial Heating I - - - - Commercial Fire Sprinkler - - - - Commercial Utilities Commercial Grading 100 Total Building Permits $ 18,698.32 $ 433.61 $ 19,131.93 $ 807,722.00 PERMTI S Permit/Plan Tax Total Fees Collected 100 Building Permits $ 18,698.32 $ 433.61 $ 19,131.93 - Ag Building - - - - Curb Cut - - - - Demolition - - - - Fire Permits - - - 1 Footing 15.00 0.50 15.50 - Renewal - - - - Moving 17 4 Heating 1,415.00 8.50 1,423.50 Gas Fireplaces 375.00 2.00 377.00 28 Plumbing 1,155.00 14.00 1,169.00 121 Pumping 1,815.00 - 1,815.00 1 Septic New 75.00 0.50 75.50 2 Septic Repair 150.00 1.00 151.00 2 Sewer Hook -Up 50.00 - 50.00 2 Water Meter 100.00 - 100.00 Sewer Change Over/Repair - - - 1 Water Change Over/Repair 50.00 0.50 50.50 2 Sac Retainage Fee 40.00 - 40.00 2 Sewer Admin. Fee 30.00 - 30.00 2 Certificate of Occupancy 20.00 - 20.00 2 License Verification Fee 10.00 - 10.00 Reinspection Fee - - - 10 Contractor License 500.00 - 500.00 10 Rental License 1 750.00 - 750.00 Health Authority - - - 307 TOTALS $ 25,248.32 $ 460.61 $ 25,708.93 $ 807,722.00 Total Number of Homes YTD 2009 7 Total Number of Homes YTD 2008 21 Total Valuation YTD 2009 $ 2 Total Valuation YTDI 1 2008 $ 9 Total Building Department Revenue YTD 2009 $ 82,369.47 Total Building Department Revenue YTD 2008 $ 188,592.88 C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for June 16, 2009 City Council Meeting DATE: June 16, 2009 The City Council is requested to receive the following supplemental information. Discussion Items Item #8. Consider Declaring Dangerous Dog (Supplemental) — Administration F lly submitted, nson inistrator 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 City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Declare Dangerous Dog (Supplemental) DATE: June 16, 2009 INTRODUCTION On June 9, 2009 two dogs left their property and attacked a woman and her dog causing injury. DISCUSSION The attached resolution has been modified. Attached is a supplemental police report stating after further investigation the Boxer that is currently licensed with the City is not the Boxer that was involved in the incident. City Administrator will review details at the meeting. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Resolution Police Report .. ... ` 325 E MAIN ST, ANOKA MN 55303 _ _ - AoDLPAGES COD DISP � ' =DISP `CLASSIFICATION ' ,CLASSIFICATION CODE i ANIMAL -DOG BITES 09561 1S CLASSIFICATION ;CODE DISP CLASSIFICATION CODE uW DISP - MEDICAL 09730 1S CLASSIFICATION CODE j DISP CLASSIFICATION j CODE DISP t ANIMAL COMPLAINT - DOG ON L00 109573 € T . , .. _ - I ........ } REPORTING OFFICER(S) 17913 SCHANTZEN, MICHAEL 18198 YOUNG, ROB DATE REPORTED ASSIGNED ARRIVED CLEARED EARLIEST DATErriME OCCURRED IATEST'DATE/TIMEQCCURRED 16/9/2009 1 1518 1524 ;17 LOCATION OF OFFENSE /INCIDENT APT # GRID j VALUE STOLEN VALUE DAMAGED VALUE RECOVERED 1 13900 B LOCK UNDERCLIFT ST NW, ANDOVER MN 55304- A30 $ 1 $ $ A/J REPORTING PARTY'S NAME DATE OF BIRTH i SEX i RACE HOME PHONE A KART LYNN DUNPHY 12 /28/1979 1F -- _._ ... w. _- M ADDRESS APT I CITY ( STATE ZIP WORK PHONE E 3691 139 LN NW `ANDOVER _ _ MN I 1 55304 NARRATIVE WAS DISPATCHED TO THE LISTED LOCATION ON REPORT OF A FEMALE BEING ATTACKED BY A PITBULL. j t SEE SUPPLEMENTS FOR DETAILS OF INCIDENT. THERESA DIANE MIETTINEN (06/28/56) WAS ISSUED CITATION # 0200954055 FOR CITY ORDINANCE - NUISANCE DOG PROHIBITED VIA U.S. MAIL. /7 F DEPUTY SCHANTZEN #224 I CC: CLERK OF COURT �; CC - CITY OF ANDOVER i KW: 06 -10 -09 f SUPPLEMENT OFFICER. 18198 YOUNG, ROB ! DISPATCHED TO THE AREA ON REPORT OF A DOG ATTACK THAT HAD JUST OCCURRED. UPON ARRIVAL, DEPUTY SCHANTZEN i INFORMED ME THAT THE OWNERS OF THE DOGS WERE AT 13979 UNDERCLIFT ST NW. I MADE CONTACT WITH THE OWNERS. j THEY WERE ID'D AS THERESA MIETTINEN AND JOHN MIETTINEN, I ALSO SPOKE TO A WITNESS WHO WAS OUT IN THE FRONT I YARD AT THE TIME OF THE DOG ATTACK. SHE WAS ID'D AS DAHLQUIST. E DAHLQUIST STATED THAT SHE WAS OUT WORKING ON HER CAR AND THE TWO DOGS, OLI AND LAYLA WERE OFF LEASH RUNNING AROUND THE YARD. AS A FEMALE WALKING HER DOG WENT BY THE HOUSE, THE DOGS RAN INTO THE STREET AND THE FEMALE AND HER DOG WERE ATTACKED BY THE DOGS. I ALSO IN THE FRONT YARD AT THE TIME WAS ROBERT MIETTINEN AND HIS FRIEND JOE, UNKNOWN LAST NAME, ROBERT HAD LEFT WITH JOE PRIOR TO OUR ARRIVAL. t DAHLQUIST DIDNT KNOW WHICH DOG BIT THE FEMALE BUT WENT OUT INTO THE ROAD AND ASSISTED WITH GRABBING THE DOGS AND BRINGING THEM BACK INTO THE HOUSE. DAHLQUIST STATED SHE DID SEE THAT THE FEMALE HAD BEEN BITTEN AND WAS BLEEDING. WHEN SHE CAME BACK OUT TO CHECK ON THE FEMALE SHE WAS GONE. f THE FIRST DOG WAS OLI. OLI WAS A 1 -1/2 YEAR OLD BLACK AND WHITE PITBULL THERESA WAS THE OWNER OF OLI. 1 THE SECOND DOG WAS LAYLA. LAYLA WAS AN 8 YEAR OLD FEMALE BROWN BOXER /MIX. JOHN WAS THE OWNER OF LAYLA. I CONTACTED MARLENE FOR ANIMAL CONTROL, SHE CAME OUT AND TOOK THE DOGS INTO CUSTODY FOR A 10 QURENTENE. UEAK DEPUTY YOUNG i KW: 06 -10 -09 i i _ D OB SEX CE V 501 4 W # HA R E _ r LAURIE JEAN TOENSIN _ _ ES AIJIU I CODE j NAME I RN F � F A IV _ D RESS CITY STATE IZIP 3617 140 LN NW — : ANDOV ER MN ; 55304 II AiIAs rv ' - � OME I BUS PHONE WORK I2ND BUS PHONE CELL 1 PAGER /FAX k. A DOB SEX RACE , HGT WGT HAIR EYES AIJIU � CODE NAME s A I S THERESA DAINE MIETTINEN F W b 509 I BRO BRO _ I ZIP IADDRESS 'APT CITY 13979 UNDERCLI ST N ] AN DOVER I MN 1 55304- I `ALIAS HOME! BUS PHONE I WORK 12ND BUS PHONE CELL / PAGER / FAX i _ -. mm_...� _.___ .: E AIJIU [60 NAME I DOB RACE } HGT WGT HAIR EYES A 0 1 JOHN WILLIAM MIETTINEN M i W 507 I HAZ ( j __. r_:.. !— STATE ZIP i ;ADDRESS APT CITY t 113979 UNDERCLIFT RD NW - _ — ANDOVER ' MN I` --- __- - .._- „-j [ CELL I PAGER I FAX - ALIAS I HOME / BUS PHONE WORK / 2ND BUS PHONE _ _: _ ._._ DOB SEX RACE HGTTWGT I HAIR EYES; I AIJ /U CODE NAME J M I M, W 511 x BRO I STATE (ZIP IADDRESS 'APT CITY I I ANDOVER IMN 155304 _._ . ALIAS ( 1 HOME 1 BUS PHONE WORK 12ND BUS PHONE CELL /PAGER /FAX i 1 -- =_ — — —_ - _._ . _. ..._ :_.._.. _. ::. _. — DOB SEX RACE i HGT WGT HAIR EYES I AIJIU CODE � NAME I _A F W 1504 BLN BLU I W { _ — _._.. 3 ADDRESS I APT CITY — STATE k ZIP 1 14006 U ST NW I A NDOVER M i MN 1 5530 z ALIAS HOME / BUS PHONE WORK /2ND BUS PHONE CELL I PAGER I FAX 5 NJIU CODE N E — DOB SEX ( RACE I HGT 1 WGT HAIR EYES J j W ' IM IW __.. STATE ZIP -I ,ADDRESS tAPT CITY E ALIAS — HOME !BUS PHONE WORK 1 2ND BUS PHONE CELL I PAGER I FAX AIJ /U CODE =NAA ME DOB SEX RACE! HGT WGT I HAIR I EYES A W KAY RACHE D AHLQUIST ! ' W } 506 BLN j BLU �, — STATE IZ .._....._.�_.__. _..._..__._ .. .�.,..,. ; i ;ADDRESS RAPT CITY , 1 - i. , ALIAS HOME I BUS PHONE WORK 1 2ND BUS PHONE CELL 1 PAGER I FAX d � i _ -- ENTRY t ENTRY 2 ENTRY 3 ENTRY 4 SUPERVISOR COPY TO RELATED CASE NUMBERS: MICHELLE - CITY SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 09132270 OFFENSE: DOG BITE * _ COMPLAINANT: ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. On 6/10/09 at 1500 hours I, Deputy Schantzen, responded to the Andover City Hall on follow -up to this incident. While at Andover City Hall, I spoke with Michelle at the City Hall who was in charge of dog licenses. She provided me with the two copies of the animal license receipts and rabies vaccination certificates which she had advised me yesterday were current. While examining the licenses, I observed that license #218 which was the Andover city license issued to the black and white pit bull named 011ie was in fact valid until 8 /15/09. That is when the rabies vaccination was due again for that dog and expired. When I examined license #216, which is a license that Michelle advised me yesterday was issued to John Miettinen for a boxer, I discovered that this license was issued to a brown and white boxer who was approximately a year and a half old and was a male boxer. The name of this boxer was Jones. This did not match the information I had received as the dog involved in the incident was an 8 to 9 year old female named Leila. After finding the discrepancies in the dog licenses, I made phone contact with John Miettinen. I asked him if he was able to find the rabies vaccination information as I had left him a voicemail yesterday requesting this information. He advised me that he did not have any rabies information for this dog. He advised me that he contacted his ex who lives in the Bemidji area and that she was unable to obtain any rabies vaccination information for the dog. John advised me that the dog was spayed four to five years ago and that he believed that was the last time it was at the vet so it appeared that the dog did not have a current rabies vaccination. John was also advised that the dog would need a city dog license. When I had spoke with Michelle at Andover City Hall, she advised me that she had sent a warning letter to John giving him ten days to have the dog vaccinated and obtained a city dog license. I was not able to issue a citation to John for having an unlicensed dog in the City of Andover at this time due to the fact that the City of Andover has given John a ten -day grace period in which to obtain a dog license and rabies vaccination for the dog. I made contact with Laurie Toensing regarding the information I received from Andover City Hall. I advised Laurie that the boxer named Leila did actually not have a rabies vaccination as I had previously advised her that both dogs did have up to date rabies vaccinations. Laurie still seemed to believe that it was in fact the black dog that did bite her and she advised me that she was not concerned over this information. THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. Page Two Case No. 09132270 While speaking with Laurie, I asked her what her condition was of her hand. She advised me that she needed to have four stitches to close the wound on her hand. I asked her of the condition of her dog Grace and she advised me that at this time the dog's neck is tender to the touch as the dog flinches if she touches its neck. She advised that she has not been able to find any puncture wounds on the dog, however, she has a veterinary appointment at 1700 hours on today's date to have the dog checked for any injuries. I advised Laurie to contact me and advise me if there are any further injuries to be noted on her dog Grace. Laurie advised me that she would contact me if there were any injuries found on her dog. No further information at this time. Clear. Deputy Schantzen #224 ACSO XH 6/11/09 cc: Michelle, City of Andover THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ ] Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -09 A RESOLUTION DECLARING A DOG OWNED BY JOHN WILLIAM MIETTINEN, 13979 UNDERCLIFT STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5- 1A -11. WHEREAS, a Boxer Mix owned by John William Miettinen, 13979 Underclift Street NW, Andover has been allowed to run at large; and WHEREAS, on June 9, 2009 said dog left its property and was aggressive towards a woman and bit a dog; and WHEREAS, on June 10, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, based on the severity of the June 9, 2009 incident a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the report of the June 9, 2009 incident and testimony at the hearing to hereby declare a Boxer X owned by John William Miettinen, 13979 Underclift Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5- lA -11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to John William Miettinen a copy of the resolution. Adopted by the City Council of the City of Andover this 16' day of June, 2009. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk