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Home My WebLink AboutCC August 18, 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, August 18,2009 Call to Order - 7:00 p,m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/5/09 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Revisions to Assessment Manual (Policies & Procedures Guide) - Engineering 4. Approve Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW - Engineering 5. Amend Fee Ordinance No. 360 -Administration 6. Approve Commercial Refuse/Recycler Hauler LicenselLepage & Sons - Administration Discussion Items 7. Anoka County Sheriff s Department Monthly Report - Sheriff 8. Consider Declaring Dangerous Dog - Administration 9. Public Hearing/Consider Amendment to CUP for Time Extension/Meadow Creek School Subordinate Classroom Structures/3037 Bunker Lake Blvd.-- Planning 10. Consider Revised Planned Unit Development/Andover Clocktower Commons/NE Comer of Hanson & Crosstown Blvds. NW - Planning 11. Consider Awarding Bid/09-11/W ater Treatment Plant Building Expansion - Engineering Staff Items 12. Schedule September EDA Meeting - Administration 13. Administrator's Report - Administration Mayor/Council Input Executive session - Open Space Negotiations/29-32-24-44-0022 Adjournment 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: August 18, 2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: August 5, 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, 1V)U&Jh:-H~~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 5, 2009 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike 11 Gamache, August 5, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Julie Trude 15 Councilmember absent: Mike Knight 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Fire Chief, Dan Winkel 21 Others 22 23 24 PLEDGE OF ALLEGIANCE 25 26 27 RESIDENT FORUM 28 29 No one wished to address the Council. 30 31 AGENDA APPROVAL 32 33 Move Item 3 for the Water Treatment Plant Building Expansion on the Consent to Discussion. 34 35 Councilmember Jacobson stated the only question he had was on Item 7 which is the Fire 36 Department Pumper Truck, the request was to take the additional $15,000 for some additional 37 equipment the Fire Department wanted which was also in the request and fine with him. Chief 38 Winkel responded to Council questions. The Council agreed to leave the item on the consent 39 agenda. 40 41 Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried 42 unanimously. 43 44 45 APPROVAL OF MINUTES 46 47 July 21, 2009, Regular Meeting: Correct as amended. 48 Regular Andover City Council Meeting Minutes - August 5, 2009 Page 2 1 Councilmember Trude stated on page 4, line 25, the word "conversions" should be "conversations", 2 3 Councilmember Jacobson stated on page 8, line 37, he wanted the sentence to read: "to indicate that 4 the one displayed vehicle parking area should be signed." And delete the rest ofline. On page 10, 5 line 7, they were talking about the buildings at the parks and the sentence should read: "about all the 6 buildings that were partly paid for through association money or volunteer work." On page 11, line 7 36,37 and 38 should be deleted. 8 9 Mayor Gamache stated on page 10, line 7, he would prefer they change it to: "All the buildings that a 10 maiority of which were paid through association money or volunteer work." 11 12 Councilmember Bukkila stated on page 3, line 9, ".. . about sixty due~ paying..." and on page 10, line 13 32, the sentence should read: "shall be jointly and seyerly separately liable..." City Attorney 14 Baumgartner stated this is a legal term and should be severly. 15 16 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried 17 unanimously. 18 19 July 23, 2009, Workshop Meeting: Correct as amended. 20 21 Councilmember Trude stated on page 2, line 1, the word "one" should be "on". On page 4, near the 22 bottom there was a question to Council on line 37. "Mr. Dickinson asked at what point does the City 23 get to channelization in Crosstown" and the thing that is missing is the Council concurred that 24 channelization would happen when development occurs on the Holasek property. 25 26 Councilmember Trude stated on the top of page 5, Councilmember Jacobson was attributed to those 27 statements but generally consensus was when either one of the two lots sold the permanent 28 improvements for the right turn lane would then be required. There would not be the center 29 improvements in Crosstown because they would need to have more land. 30 31 Councilmember Jacobson thought they were talking about the scaled down version they were going 32 to put in right away and what Councilmember Trude is talking about is when they sold one of the 33 lots then as soon as practical after that they were going to upgrade and make the permanent 34 improvements for the right turn lane so this would be correct. Councilmember Trude stated this is 35 not quite accurate because right before then they all agreed that when would they get the concrete 36 down the middle of the road and that would be when the Holasek property developed because it 37 needs his land to have enough right away to do all that but when they sold one ofthe lots as part of 38 the Clocktower project then they would get the curb and gutter for the right turn lane, the $80,000 39 right turn lane. They will make the permanent improvements for the right turn lane. 40 41 Councilmember Trude stated on page 8, as they talked with the Fire Chief about proposals to raise 42 revenue for that Department to deal with the budget they talked about some various scenarios and at 43 the beginning of the discussion the minutes say that they agreed about conditions of some fees 44 seemed reasonable. She thought they agreed about the fee for the gas line break and that was about Regular Andover City Council Meeting Minutes - August 5, 2009 Page 3 1 it. Somewhere in this item they had a discussion after the Mayor said they are already paying taxes 2 for services that are basic and she thought the entire Council concurred with the Mayor's comments 3 that Police and Fire should be treated a little differently which is not in the minutes. She wanted to 4 amend the minutes to reflect that on lines 18-22 add a sentence that "The Council agreed that fire 5 services are essential and should not be subject to across the board budget cuts as other departments 6 and treated similarly to Police." 7 8 Chief Winkel thought the Fire Department would want to work with all ofthe City staffto balance 9 the budget and ifthat includes some cuts for Fire and they think it is appropriate and Council agrees 10 then that would be the thing to do. He would hate to stand alone and appreciated the thought but he 11 thought they all had to be responsible as they deal with the budget. 12 13 Mayor Gamache thought line 32 summed up the discussion appropriately and that the Chief will start 14 evaluating not going to all the calls but will not implement it until 20 10 and will give a report to the 15 Council towards the end of2009. Mr. Dickinson thought they were pretty clear in which direction to 16 go. 17 18 Councilmember Trude stated on page 10, Line 17, she was talking about Administrative Fines and 19 wanted to continue line 18 sentence to include".. . rather than relying on the criminal court system as 20 they now handle property violations". 21 22 Councilmember Jacobson stated on page 6, line 26, the sentence should be changed to read: 23 "Councilmember Jacobson noted they need to make sure the Comprehensive Plan matches their 24 Zoning matches the Comprehensive Plan." He stated on page 9, line 19, it talks about 1,000 feet. 25 Councilmember Trude stated on this discussion it was clear they were going to evaluate the City 26 Code too as far as tenants not impacting zoning. 27 28 Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried 29 unanimously. 30 31 32 CONSENT ITEMS 33 34 Item 2 Approval of Claims 35 Item 4 Approve/Acknowledge Letter Regarding LRR WMO/CCWD Boundary 36 Changes/09-28 37 Item 5 Order Amended Assessment Roll/08-36/Cardinal Ridge 2nd Addition (Putnam 38 Property) (See Resolution R062-09) 39 Item 6 Award Quote/09-7, 2009 Trail Maintenance & 09-24, 2009 Parking Lot 40 Maintenance 41 Item 7 Accept Bids and Approve Contract to Manufacture New Fire Department Pumper 42 Truck 43 Item 8 Approve Dental Renewal and Employer Contribution 44 Regular Andover City Council Meeting Minutes - August 5, 2009 Page 4 1 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried 2 unanimously. 3 4 5 AWARD BID/09-1/W ATER TREATMENT PLANT BUILDING EXPANSION 6 (SUPPLEMENTAL) 7 8 Mr. Berkowitz stated this item is in regard to the expansion of the Water Treatment Plant. Bids were 9 held on Monday, August 3rd, and they are currently going through them to evaluate them. Staff was 10 recommending tabling this item to allow for additional time to review the bids. 11 12 Mr. Berkowitz reviewed bid information with the Council. 13 14 Motion by Jacobson, Seconded by Trude, to table the awarding of bid for the Water Treatment Plant 15 until the Council meeting on August 18, 2009. Motion carried unanimously. 16 17 18 PUBLIC HEARING/CONSIDER AMENDMENT TO CITY CODE 12-7-3/FENCE HEIGHT 19 20 Mr. Neumeister stated the Planning Commission reviewed a request to adjust the maximum fence 21 height in side yards. The current code allows a maximum height of six feet behind the principal 22 structure (home) and a maximum height of four feet in front and side yards. 23 24 The resident requesting the review of the side yard fence limitations lives on the comer of Crosstown 25 Boulevard and Xeon Street NW. 26 27 Mr. Neumeister reviewed the information with the Council. 28 29 Councilmember Trude asked if the site line was the only thing they needed to watch and did staff 30 feel this was covered with their permitting process. Mr. Neumeister stated that was correct and also 31 because the way the Code reads with site visibility it is very well identified that they need to preserve 32 that visibility at the comer and it will not be a problem. 33 34 Councilmember Trude thought especially in the intersections with Crosstown Boulevard where they 35 have a lot of students walking, etc., if they have a lot of these fences it might be difficult for drivers 36 to anticipate some of these youth on pathways because a lot of the bike trails are set back a 37 substantial distance from the road. She asked ifthey looked at the visibility, not just for traffic, but 38 for pedestrians. Mr. Neumeister stated they did. 39 40 Councilmember Jacobson stated in the ordinance amendment as written up, Item A, they used the 41 words "Front Fa<;ade" and in Item B, "Front Property Line of the Principal Structure" was used and 42 he wondered if there is a reason why two different words are being used if they are talking about the 43 same thing. Mr. Neumeister stated there are two different elements being talked about. Item A is 44 referencing the area where a six foot fence could be, and Item B is talking about ifthey are going to Regular Andover City Council Meeting Minutes - August 5, 2009 Page 5 1 go from the front of the property line going all the way to the front of the structure, they cannot put 2 fence. It is two separate things. 3 4 Councilmember Jacobson thought the reason an exception was being made in the R-l and R-2 5 Districts on the six footer is because they are much larger lots. Mr. Neumeister indicated that was 6 correct. Councilmember Jacobson stated it says in the two districts you can have a fence in all yards 7 up to six foot high and he wondered ifthat is already allowed. Councilmember Trude thought this 8 was the existing code and "in all yards" is underlined which would be new, Councilmember 9 Jacobson asked ifin the two districts it is not allowed now. Mr. Neumeister referred the Council to 10 the existing Code without new additions. He stated this is a clarification. 11 12 Councilmember Trude stated on principal structure, she thought it looked a lot more attractive when 13 the fence lines up with the front ofthe house even if the house sits back from the front of the garage 14 because then ifthe fence was setback with the front of the home no matter where the garage is it does 15 seem to allow that to have a little bit of dominant appearance from the street view. She wondered if 16 they were going to move the line, instead of moving it to whatever is the closest to the street they 17 have it setback a little bit so it lines up with the front of the house so they do not have the stockade 18 look. 19 20 Mayor Gamache thought they must have allowed this at one time because his fence was lined up 21 with the front of his garage which was also the front of his house, Mr. Neumeister reviewed the 22 original code with the Council. He stated they tried not to change the intent of the ordinance when 23 they revised it in 2005, they were trying to clarify it, but they actually changed the intent of the 24 ordinance by the words that were changed. Mayor Gamache stated he liked the change and did not 25 have a problem with it going up to the front since that is kind of what the community already has. 26 27 Motion by Jacobson, Seconded by Trude, to open the public hearing. Motion carried unanimously. 28 29 No one wished to address the Council. 30 31 Motion by Bukkila, Seconded by Trude, to close the public hearing. Motion carried unanimously. 32 33 Councilmember Jacobson asked if they could safely remove the addition "in all yards". Mr. 34 Neumeister thought so. 35 36 City Attorney Baumgartner stated his understanding of that is the first sentence in Item B talks about 37 fences in the front of the property line and then they get to the next section that is talking about "in 38 all yards" and the way he interprets that is "in all yards" means, front, side, rear, and so forth. He 39 thought the wording was meant to imply: front, side and rear and if they remove it and read it 40 without that language in there in conjunction with the first sentence that only addresses the front 41 yard, that lends some confusion that they are talking about the six foot ornamental fence would only 42 be applicable from the property line forward as well. 43 44 Councilmember Jacobson stated when reading Item B it is talking about 2.5 acre and larger lots and Regular Andover City Council Meeting Minutes - August 5, 2009 Page 6 1 the estate zoning which are large lots, they are saying in those two districts you can have a six foot 2 fence any place you want it. 3 4 City Attorney Baumgartner understood that but the way he read it he was confused because those 5 two sentences are together in the same paragraph. Councilmember Trude thought if it clarified 6 things it would be safe to keep the wording in there. 7 8 Councilmember Jacobson asked if it would help to add wording such as: ".. . are permitted in all R-1 9 and R-2 yards." Councilmember Trude agreed with the attorney and did not think they should 10 rewrite this. 11 12 Motion by Trude, Seconded by Bukkila, to approve the proposed amendment to the City Code. 13 Motion carried unanimously. 14 15 16 CONSIDER REVISED PLANNED UNIT DEVELOPMENT/ANDOVER CLOCKTOWER 17 COMMONS/NE CORNER OF HANSON & CROSSTOWN BL VDS. NW 18 19 Mr. Dickinson stated this item was intended to continue the discussion of a % direct access to 20 Crosstown Boulevard NW for the Andover Clocktower Commons development and approve the 21 Revised Planned Unit Development. At the July 23rd Council Work Session, the Council discussed 22 staging improvements to the intersection as development occurs on the surrounding properties. It 23 was determined that the applicant would provide a plan set to be reviewed by staff in preparation for 24 this meeting. At this point in time the plan would be considered incomplete and not in sufficient 25 detail to approve an amendment to the approved planned unit development. 26 27 The City Administrator met with the applicant and explained the situation and he has agreed to a 28 time extension until August 18,2009. 29 30 Motion by Jacobson, Seconded by Trude, to continue the item to the August 18,2009 City Council 31 meeting in order for the additional details and review of the commercial site plan application to be 32 completed. Motion carried unanimously. (See Ordinance 386) 33 34 35 DISCUSS SOPHIE'S PARK/GRADING & MOWING 36 37 Mr. Berkowitz stated the residents of Sophie's South development have requested that the City 38 regrade, seed and maintain Sophie's Park to a standard held in other park facilities. 39 40 Mr. Berkowitz reviewed the information with the Council. 41 42 Councilmember Trude asked if she was correct that it would cost $4,000 to seed and do black 43 dirt which includes the grading and ifthe $7,200 annual cost would be for 2009 and 2010. Mr. 44 Berkowitz stated the annual would be $3,200 to $3,600 per year which includes two mowings a Regular Andover City Council Meeting Minutes - August 5, 2009 Page 7 1 month, May through October and two applications of fertilizer that would start in 2010 if 2 approved. 3 4 Councilmember Trude stated if they were to look at this for budgeting, next year they would need 5 to have approximately $7,200 to cover this. Mr. Berkowitz indicated that was correct, normally 6 it would be about $3,200 for maintenance alone, but upfront to get this established it is an 7 additional $4,000. 8 9 Councilmember Jacobson asked how many other parks in the City right now would fall roughly 10 in this category that are called low maintenance type of parks. Mr, Berkowitz reviewed a few of 11 them with the Council. Councilmember Jacobson asked ifthere has been any interest by the 12 neighbors living around those parks to do anything with them similar to what they are currently 13 looking at. Mr. Berkowitz stated they have not and most are older parks. 14 15 Councilmember Trude stated they have had to stall a lot of their projects in the Capital 16 Improvement Plan and she noticed they had twenty-two homes built year to date, The funds for 17 those are going to payoff a park bond and they will have that indebtedness for a number of years. 18 Mr. Dickinson stated twenty-two new construction homes are building on existing lots. They 19 receive park dedication when platting occurs so they have already received and programmed 20 those funds. 21 22 Councilmember Trude stated they have already received the park dedication for Sophie's Park 23 and a large part of the dedication was met by the land so they are waiting for another 24 development to come in down the road and they have all the lots for sale without park dedication 25 money coming in. Mr. Dickinson stated a portion of the development to the south would mix in 26 with this one to make it a larger park but new housing construction does not yield park 27 dedication. 28 29 Councilmember Bukkila asked what percent ofthe development is developed. Mr. Berkowitz 30 stated there are twenty-seven structures built out of eighty-eight which is thirty-one percent. 31 32 Mrs. Carol Schmichael, 1146 152nd Lane NW, stated they have been to the Park Commission 33 twice in two years and were disappointed that this park keeps getting postponed. She stated one 34 of the concerns they had was Crosstown Boulevards is a very busy street and a lot of children in 35 the neighborhood with nowhere for them to go. She stated they know that funds are short but 36 wondered if the park could at least be leveled and seeded the kids could play in the park without 37 having playground equipment. 38 39 Councilmember Trude wondered what it was like to live next to the park in this condition. Ms. 40 Schmichael stated they have pretty much adopted the park and have mowed the park along their 41 property to maintain it. She stated if there was a nice park there it might encourage more people 42 to build in the development. 43 44 Councilmember Trude thought the resident has made a great case on this and she thought the Regular Andover City Council Meeting Minutes - August 5, 2009 Page 8 1 City should be able to grade the park and hold off on playground replacement in another park. 2 She understood the investment and thought they should add this on in their budget discussions 3 for 2010. Mr. Berkowitz stated there was only two items listed for 2010, one was for irrigation 4 and the other was miscellaneous dollars around $15,000. Mr. Dickinson stated it is hard to say 5 that the miscellaneous fund will be there next year because it is dependent on what happens this 6 year and based on forecast for 2010. Most of the dollars in the fund for 2010 are being 7. earmarked for the debt service requirements for Andover Station North. Absent the selling of 8 lots in Andover Station North, which they dedicate all the park dedication to that park and some 9 . platting, the only new funds to the park improvement fund is the annual levy which is still not 10 enough to cover the annual debt service. 11 12 Mr. Dickinson stated the Park Maintenance budget has been cut significantly and they need to 13 preserve what they currently have. Councilmember Trude stated she supported adding this to 14 their 2010 budget since she thought it was important to be a good neighbor and maintain their 15 land. 16 17 Councilmember Jacobson thought this should be inserted back into 2011 Capital Improvement 18 Plan and see how the funds are in 2010 since they are already cutting out a lot in their budget and 19 did not think this was justifiable at this time. 20 21 Councilmember Bukkila agreed with Councilmember Jacobson. She understood the resident's 22 feelings about this but did not know how they can readily improve the park. She did not know 23 how they could accomplish anything this year. 24 25 Mayor Gamache asked when they finally improve the park and add amenities will they need to 26 go in and regrade. Mr. Berkowitz stated they would in order to add the different amenities 27 planned. He stated the $4,000 is material only and City Staff would do the work. 28 29 Mayor Gamache stated at this point he did not see where they will be getting the funds for this 30 because they are trying to cut out other items and looking at laying people off in the City. 31 Councilmember Trude noted they are just starting to look at the budget for 2010 and can discuss 32 this further. 33 34 Mrs. Schmichael stated as a neighborhood they will try to go out and raise some money for the 35 costs of the improvements and they will also be willing to mow it if the City will allow them. 36 She stated they will try to do what they can on their part to raise some funds to get the initial 37 grading and seeding done. 38 39 Motion by Jacobson, Seconded by Trude, to add this item back into the 2011 Capital 40 Improvement Plan. Motion carried unanimously. 41 Regular Andover City Council Meeting Minutes - August 5, 2009 Page 9 1 2 DISCUSS APPROVE ANDOVER VISION STATEMENT 3 4 The Council completed the 2009 Strategic Planning Session at the June 23rd workshop meeting with 5 one outstanding item, a vision statement. 6 7 Councilmembers Jacobson and Trude made a presentation to the rest of the City Council, staff 8 and public regarding a vision statement for Andover. 9 10 Councilmember Bukkila asked if the words "Civic Opportunity" to Civic Involvement" 11 12 Mayor Gamache and Councilmember Bukkila liked the vision statement that Councilmembers 13 Jacobson and Trude presented. 14 15 Motion by Councilmember Jacobson, Seconded by Councilmember Trude, to adopt both the 16 slogan and the Vision Statement of the City as presented. Motion carried unanimously. 17 18 19 SCHEDULE EDA MEETING 20 21 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 22 6:00 p.m. before the August 18, 2009 City Council meeting. 23 24 Motion by Jacobson, Seconded by Trude, to schedule anEDA Meeting for August 18,2009 at 6:00 25 p.m. Motion carried unanimously. 26 27 28 ADMINISTRATOR REPORT 29 30 Mr. Dickinson updated the Council on the administration and city department activities, meeting 31 reminders, and CIP Projects. 32 33 Mr. Neumeister updated the Council on development activities in the City. 34 35 36 M4YOR/COUNCIL INPUT 37 38 (Night to Unite) - Mayor Gamache stated last night was Night to Unite and the Council was out 39 visiting the parties. There were 62 parties and the Sheriff's Department did an excellent job 40 getting this set up with Laura Landes and there were so many comments regarding how nice it 41 was to work with Laura Landes. The Fire Department was out as well. 42 43 (Service Road by Super America) - Mayor Gamache stated he was at a party on Eagle Street and 44 residents were discussing the service road by SuperAmerica and all the traffic they have been Regular Andover City Council Meeting Minutes - August 5, 2009 Page 10 1 experiencing. Mr. Dickinson indicated they will look into this to see what can be done. Mr. 2 Berkowitz indicated the neighborhood has met with staff regarding this and the County installed 3 or will be installing a U-Turn allowed sign at Bunker Lake Boulevard and Hanson Boulevard. 4 They have also talked about installing gates with the clinic but they will work with the 5 neighborhood to get this situation cleared up. 6 7 (Trail Along Bunker Lake Boulevard & ih Avenue) - Mayor Gamache stated there has been a 8 request for a trail along Bunker Lake Boulevard and 7th A venue to the library which would be 9 nice for the kids going to school and people in the area. He stated the County has started to look 10 at that area and looking at moving it up in their plan. Mr. Berkowitz stated they have Federal 11 money and a project is scheduled for 2012 from up to ih around the curve. If the trail is outside 12 of that it would not be eligible for Federal Aid but there could be a possibility they could 13 incorporate it into the project with City/State Aid money. Mayor Gamache did not think there 14 were any wetlands along the shoulder so he did not think there would be a problem. He thought 15 if there was an access through the park by there to get back out to Bunker Lake Boulevard they 16 could run the trail through the park instead of around the curve. Mr. Berkowitz stated they have 17 a trail that runs through the park already but the City can work with the County to see what could 18 be done. 19 20 (Comcast Foundation Letter to High School Seniors) - Mayor Gamache stated Comcast has a 21 Foundation which gives college scholarships to high school seniors and they have an Andover 22 resident that received one. Her name is Kayla Lang and she goes to Anoka High School and will 23 be going to the College of St. Catherine and received a one thousand dollar scholarship from 24 Comcast. He congratulated her on her achievement. 25 26 (Night to Unite) - Councilmember Trude stated she rode around with Fire Rescue to the Night to 27 Unite parties and was surprised at the neighborhoods that continue to have the parties to meet 28 their neighbors. She stated it was a lot of fun and the kids enjoyed the fire fighters coming out to 29 their parties and the activities. She stated it was a nice evening and they had a chance to go to a 30 lot of the parties. 31 32 (Community Center Volunteer Program) - Councilmember Trude stated they are looking for 33 Community Center Volunteers. Their Community Center hosts many wonderful young people 34 and need to have supervision. 35 36 Mr. Dickinson reminded residents to secure their homes and valuables because there has been a lot 37 of theft going on in Andover. 38 39 Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting 40 adjourned at 8:37 p.m. 41 42 Respectfully submitted, 43 44 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - August 5, 2009 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 5, 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE. ................ ............... ....................... ............................ ............. ......... 1 RESIDENT FORUM ............ ................ ..,......... ............ ............ .... ... .... ..... ...... ............. .... ...... ...,..... 1 AGENDA APPROV AL.................................................,...,.,.......,....,...,....,.................................... 1 APPROV AL OF MINUTES................. ...................... ....................... ............. ................................ 1 CONSENT ITEMS ..... ............. ........... ................ ........ ......... ..... ................ ....................... ......... '..... 3 Approval of Claims..................................................................................................................... 3 Approve/Acknowledge Letter Regarding LRRWMO/CCWD Boundary Changes/09-28 .........3 Order Amended Assessment Roll/08-36/Cardinal Ridge 2nd Addition (Putnam Property) (See Resolution R062-09) ...........,....................................................................,.........,........................ 3 Award Quote/09-7, 2009 Trail Maintenance & 09-24, 2009 Parking Lot Maintenance ............ 3 Accept Bids and Approve Contract to Manufacture New Fire Department Pumper Truck .......3 Approve Dental Renewal and Employer Contribution ............................................................... 3 AWARD BID/09-lIW A TER TREATMENT PLANT BUILDING EXPANSION (SUPPLEMENTAL) ...........................................................,........................................,...,......... 4 PUBLIC HEARING/CONSIDER AMENDMENT TO CITY CODE 12-7-3/FENCE HEIGHT (See Ordinance 386)................................................................,.,................................................ 4 CONSIDER REVISED PLANNED UNIT DEVELOPMENT/ANDOVER CLOCKTOWER COMMONSINE CORNER OF HANSON & CROSSTOWN BL VDS. NW ........................... 6 DISCUSS SOPHIE'S PARK/GRADING & MOWING ................................................................ 6 DISCUSS APPROVE ANDOVER VISION STATEMENT .........................................................9 SCHEDULE EDA MEETING........ ........... ...... ......... .... .............. ......... ......... ............ ...................... 9 ADMINISTRATOR REPORT .,...,..........................................................................,.,..,.......,.,.,...., 9 MA YOR/COUNCIL INPUT ........ .......................... ,............... ...... .................. ........ ........................ 9 Night to Unite ....................................................................................................... ...................... 9 Service Road by SuperAmerica.. ......... ............. .......................... ............................... ........ ......... 9 Trail Along Bunker Lake Boulevard & 7th Avenue.................................................................. 10 Comcast Foundation Letter to High School Seniors................................................................. 10 Night to Unite. .......................................................... ................................................................ 10 Community Center Volunteer PrograIIl ..........,.......................... .................. ........ ..................... 10 ADJOURNMENT......................................................................................................................... 10 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: August 18, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $237,003.95 on disbursement edit list #1- 3 from 07/31/09 - 08/14/09 have been issued and released. Claims totaling $166,746.68 on disbursement edit list #4 dated 08/18/09 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $403,750.63. Please note that Council Meeting minutes will be used as documented approval. 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O'-D ~ {)I(') ..c 5 '1' <:::! ;:10 ;:;; <:>,0 = 0""" Z CZl~ 't ~6 y 00 ... ..<::,..... ""< UI(') ~ ... I:Il ~ 0\ ... 0 = 0 ~ C'1 == 00 ..... ,..... I:Il -- ~ gg 1;; ~~ eg'-D = . . . o t-- t-- '-D <:::! ,.....,..... ,,;- ;:;; 00 00 t-- -< t--" t-:' <.D ,..... ,..... '-D ,..... ro o ?: kl 1i:i ~ ~ - ~ 8 00 ~ ~ o ,~ u; 0 ~~ ~ ,..... ~~ ..8 I 0,..... S..<:: ~ ~~ ~~ 0 o !il ~ 0 ~ en \lJ U t--4 ~" g ~E':"< ~o ~ ;= +'~~ u'S gg Q.c ~...o ...;:1 '-' ...... EO ,-d..... 0 Z +' ... ... ~ 'H .~ ~ i:d0{) 0l0l .....:! d) d)tjiU .............. 4-l ~ ?:~D ~~ g ... p... ~ o ..<:: ~ U o ... ~ 2 o ro<e ;:I Z ~6 ~ ~ .. ('f') 0 .~ a ~ u o ~O\ I > 50 ~ ,5 >~ -< @ 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 orks/City Engineer SUBJECT: Approve Revisions to Assessment Manual (policies & Procedures Guide) - Engineering DATE: August 18, 2009 INTRODUCTION The City Council is requested to approve the revisions to the Assessment Manuel to allow discretion on assessing improvements to high volume roadways (Municipal State Aid Routes). DISCUSSION Attached are proposed changes to the Assessment Manuel that would allow the City Council the discretion to reduce the assessment amount to properties for improvements on high volume roads. The traffic volumes that this will address are roadways that have an average daily traffic volume in excess of 2000 vehicles per day. This number is the threshold between what is referred to as a minor collector and a major collector street. ACTION REQUIRED The City Council is requested to approve the revisions to the Assessment Manuel as shown on the attachment. Respectfully submitted, C;)~O. I David D. Berkowitz / Attachment: Revision to Assessment Manuel (Policies and Procedure Guide) Indexes The construction cost index will be used to adjust connection, area, and other costs not immediately assessed with the improvement project. The construction cost index is a number computed by the "Engineering News Record" (ENR) derived from prices of construction materials, labor, and equipment for the Minneapolis area. The base index for the Minneapolis area is 1913 equals 100. Properties Not Assessed Special assessments will not be levied against properties described as follows: 1. Undeveloped lands having unbuildable soils and/or lying within the flood plain of major drainage channels. 2. Drainage areas (typically encompassed by public easements) and major drainage system easements such as Cedar Creek, Coon Creek and the Rum River. Wet ponds and/or delineated or designated wetlands are not assessed. The boundary is determined by the contour elevation that is at the high water level (100 year flood, back to back 100 year flood events, or 10 day snow melt) elevation. Dry ponding areas are assessed, typically as part of an Area Assessment. 3. Cemeteries. 4. Railroad right-of-way 5. City park land in new developments are not assessed to the City, but are assessed to the developers. Existing parks are assessed for reconstruction projects or other improvement projects not part of a new plat. MSA Hiah Volume Streets/Roads Minnesota State Aid streets which have Average Daily Traffic (ADT) in excess of 2,000 vehicles per day are viewed as benefitting the community at large to a greater extent than other streets. Accordingly the City Council may reduce the total amount assessed to abutting properties or reduce the percentage assessed after evaluating the following: . Volume & type of traffic . Origination/destination of traffic . Role street serves in community/region . Number of streets, neighborhoods, businesses served by street In ca e wh r neighborhood volume str ts are as essed, th costs will generally be divided by the number of exi ting lots that front the improvement project. -7- @ 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 Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW - Engineering DATE: August 18, 2009 INTRODUCTION The City Council is requested to approve the attached drainage and utility easements for Project 09-30, 15005 & 15019 Eagle Street NW. DISCUSSION Staffis working with the property owner at 15019 Eagle Street NW to resolve a drainage issue that caused their basement to flood last winter. A catch basin will be installed in the rear yard and piped to an existing catch basin in the street. Additional easement is needed to install the improvement along the property lines of the two subject properties. BUDGET IMP ACT The easement cost of$1.00 each along with the easement preparation cost will be funded through Storm Water Utility. Material cost for the improvement will be funded by the property owner at 15019 Eagle Street NW. Public Works staff will provide the equipment and labor for the improvement installation. ACTION REQUIRED The City Council is requested to approve attached drainage and utility easements for Project 09- 30, 15005 & 15019 Eagle Street NW. Respectfully submitted, c:J~O. David D. Berkowitz .,/ ./ Attachments: Easement Documents & Drawmgs cc: Scott Maciej, 15005 Eagle St. NW, Andover ElRoy & Sandra Froiland, 15019 Eagle St. NW, Andover PERMANENT DRAINAGE AND UTILITY EASEMENT i KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, ElRoy W. Froiland and Sandra Ann Froiland, husband and wife (collectively referred to herein as "Grantors"), hereby grant, sell, and convey to the CITY OF ANDOVER, a Minnesota municipal corporation, Grantee, a permanent easement for drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: 1. A 20.00 foot wide permanent easement for drainage and utility purposes over, under and across that part of Lot 2, Block 3, OAK BLUFF 2ND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southeast corner of said Lot 2; thence westerly along the south line of said Lot 2 a distance of 160.35 feet; thence northwesterly to a point on the west line of said Lot 2 distant 20.00 feet north of the southwest corner of said Lot 2 as measured along the west line of said Lot 2 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the west and east lines of said Lot 2. Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement area, as the Grantee may find necessary and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the underground electrical transmission line easement. Grantors covenant that ~hey are the owners of the easement area and have the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appeliaining to the said Grantee, forever, for said drainage and utility purposes. -y{. IN WITNESS WHEREOF, the parties have hereunto set their hands this J -- day of August, 2009. !'.~' ..'~ 14/ { ,.^.,{~~ -/ . ~ By: ~ ,: r ,,' . ~ ElRoy vi. Froiland :/:'-''''''''''''1 1 / /)0 "b-I /' By: ~,<p"'t/le;I!A.-? U;t.vz...-. ,,",/-~.e:;~ 'c~-;:;" / Sandra Ann Froiland Total Consideration: One and 00/100 Dollars ($1.00). State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTYOFANOKA ) The foregoing instrument was acknowledged before me this ,,5t!::::.. day of August, 2009, by ElRoy Froiland and Sandra Ann Froiland, husband and wife, who have caused these presents to be executed or have set their hand the day and year first ,\pove written. ? i.-(, -f ,1 ) 1 ...'" I ,Ii;!) /J<. } f ' .~~ _YJ'Ul <>,VL/ Not ry Public NOTARIAL STAMP OR SEAL (OR OTIlER illLE OR RANK) 9"";'\"c..., MICHELLE L. HAR., 1&:J:ER,~"" ',' . ..,. ~~" Not~ry Pubhc0" :',:Jti' ' ~) Mmnesota My Commission Expires January 31, 2010 NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on ,2009, the above described easement in this document. Dated: , 2009 CITY OF ANDOVER THIS INSTRUMENT WAS DRAFTED BY: By: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: (763) 427-8877 2 t:i !;j W.-t~"""w I :I: :I: UJ UJ W g' \- ~ - , m 5 I no ~ ~ ~ ~ :> 0 CD . 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S " 0 0 <J) ~ n n '(J) -+-) C\J .~ ~ 0 ~~~ ---~------------------------ PERMANENT DRAINAGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Scott Madej, Grantors, hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation, Grantee, a permanent easement for drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: 1. A 20.00 foot wide permanent easement for drainage and utility purposes over, under and across that part of Lot 3, Block 3, OAK BLUFF 2ND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Begimling at the nOliheast comer of said Lot 3; thence westerly along the n01ih line of said Lot 3 a distance of 160.35 feet; thence northwesterly to a point on the west line of Lot 2, said Block 3 distant 20.00 feet north of the southwest comer of said Lot 2 as measured along the west line of said Lot 2 and said centerline there terminating. The sidelines of said easement are to be prolonged or sh01iened to terminate on the west line of said Lot 2 and east line of said Lot 3. Fmiher, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement area, as the Grantee may find necessary and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the underground electrical transmission line easement. Grantor covenants that he is the owner of the easement area and has the right, title, and capacity to grant the easement described above. TO HA VE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appeliaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the paliies have hereunto set ~ei~hands this ,s'lt day of August, 2009. By: Total Consideration: One and 001100 Dollars ($1.00). State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was aclmowledged before me this ,-s~t day of August, 2009, by Scott Maciej, who has caused these presents to be executed or has set his hand the day and year first above written. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) .. NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on ,2009, the above described easement in this document. Dated: ,2009 CITY OF ANDOVER By: THIS INSTRUMENT WAS DRAFTED BY: Hawkins & Baumgminer, P.A. 2140 Fomih Avenue North Anoka, Minnesota 55303 Telephone: (763) 427-8877 .... 53 ~..-l"-..-l13 E :J: 0 w <1J Ul 1li 00 ..J '" ~ "": ;l:!;l:! ~ ^ g- cT g- 5 ;!: 0 ; ~ ~ :;::; ;;:: 0; ~ ;5 0 :J I '" m II II II -Ii +' Cl <Ii! ~ I /' '-<( '" c w ..0 ()) Q) ~,~ Ii ~ .c: > CJl 5j"C 4J I x 0 ' o E" Ul Z W~!i1 C '0 0 0 ~ e !' ~ I · ~,~ ~ o .. ~ ~ 51 c:~ '0" 0 I ()) '<- "D .. EO.'" E 0 <1J ~ ~ ~ i!i {/) 0.. 0" a. I lL. OJ ^ m o ~ ..~ "0 "- (/J +' 0 Q. a. 0' E c ' g" C -- -- :3 0 .- ......... o .. c.. ,Q . [... Q) U 0 CLI- ,!: 'ti Ul '" I Corner sog 56 3 "W r<) ~ ,_0 '0 't '" '- ~ ll~ 1l 1 Nor'tneas\... 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WWW.CI.ANDOVER,MN,US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Erick Sutherland, Recreational Facility Manager SUBJECT: Amend Fee Ordinance No. 377 DATE: August 18, 2009 INTRODUCTION The Andover Community Center is proposing the following rate changes as , recommended by the Community Center Advisory Commission Ice Current Proposed Efective Prime Weekdays $171.00 $175.00 9/1/09 Prime Weekends $171.00 $175.00 9/1/09 Non-Prime $136.00 $140.00 9/1/09 Fieldhouse Prime Weekdays $41.00 $43.00 9/1/09 Prime Weekends $41.00 $43.00 9/1/09 Non-Prime $36.00 $38.00 9/1/09 Open Gym Non-Resident (Adult) $2.00 $4.00 9/1/09 A survey was done of nearby facilities and staff feels comfortable in the proposed changes including the new non-resident adult open gym fee. BUDGET IMP ACT The additional revenue will help off set the operational costs ofthe Community Center. ACTION REQUIRED The City Council is requested to amend the fee ordinance with the changes mentioned above. Respectfully submitted, ~~ Recreational Facility Manager Attachment: Ordinance CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINANCE AMENDING CITY CODE TITLE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1-7-3 is hereby amended as follows: Community Center Ice Prime Weekdays $175.00 Prime Weekends $175.00 Non-Prime $140.00 Fieldhouse Prime Weekdays $43.00 Prime Weekends $43.00 Non-Prime $38.00 Open Gym (Adult Non-Resident) $4.00 Adopted by the City Council of the City of Andover on this 18th day of August, 2009. Attest: CITY OF ANDOVER Michelle Hartner - Deputy City Clerk Michael R. Gamache - Mayor C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Commercial Refuse/Recycler Hauler License/Lepage & Sons DATE: August 18, 2009 INTRODUCTION Lepage & Sons have applied for a commercial refuse/recycle hauler license. DISCUSSION Lepage & Sons have applied for a new commercial license, paid the appropriate fees and submitted a certificate of insurance. Their truck has been inspected by our mechanics. ACTION REQUIRED The City Council is requested to approve a commercial license for Lepage & Sons. The license period will be from August 19,2009 through May 31, 2010. Respectfully submitted, ~ A~~~ Michelle Hartner Deputy City Clerk Attach: License Application 01'121/2009 09:41 7537558923 CITY OF ANDOVER PAGE 03/04 '_. a1/~4(2E1l39 t3B:13 75375513923 CITY or; ANDOVER PAGl: o~/B3 S'\NpbVE~ 1MlS CROSSTOWN BOULEVARD N.W. . ANDOVER: MINNESOTA 65304 · (783) 7S!i-6100 ~AX (7G3) 755.892~ . WWW.CI.ANOOVER.MN.US LICENSE APPLICATION REFUSEIRECYCLE HAULERS ....--. ... .-.... .--... '..... -.... .'~ l. Bu!\incss Nome_ - .~~ 2. Address o,tBusiness: 3118162"' Lane NW Suite B ---- ~ Andover. MN 55304 lip ~t!eet ." . 3, BU5ines!; Phone Number:Mz 3- '151 - -ill D E.a-K- -:1:b3- -,1?- -.0633 4. Owne)' oftlic ~ou.eetion se,tviee: _~--UN"'" Le..P~ l'ltlme (1'Ic"~e !Ifilli') MH)ncNomhet' Street Mdl'e$~ CIty Sl~tc Zi!l 5. Attach D. desct'iptlM of each piece of equipment propo!:ed to be used in. the collection operation. 6. Attach !\ schedule of services to be made to the eustOJnel' including, hut not Ihnited to, proposed days of collection .in diffl!rent areas aftlle city. 7', Attacb a schedule of vArying rates basoo on the volume of weight of the refuge collected im\jc8ting the cl'lnrgc for each size contaioer ot other schedule of cbor.ge!l. 8. Provi.de a certificE1t~ of pub lie liability insuranc~ hi the amount of at least S100,000 for injuries, including occidental death, to ~ny one person and in an . amou"t not less than $300,000 for each accident.; and for loss or damage to property in the amount of $SO,OOO. 9. Cheek all types ofmatcl'ials you collect and indicate where th~y arc taken for di"posal/proce$~il:'g or rccycHng: NAme & LotntioD of Djs~"!l~!IP~c:e!slng~~r..~.~.ing. --L. Garbage ( AA-r -s!?."0 Recycling __Y Tires ~'\{t. LkfftPt:) . BFI/Allied Waste 10320 Naples St NE. t./ -.-"---' ."-' Blaine, MN 55449 _~ Used Oil ~~SW MPCA Permit #SW-582 - ~ ^ppHanc~g~~~T-NRG Energy, inc. Elk River Resource Recovery 10700 16Sth Ave NW Elk River. MN 55330 MPCA Permit #SW-354 . . 0?121/2009 09:41 7537558923 CITY OF ANDOVER PAGE 04/04 - e.7/~4/2ae9 139:13 763755B923 CITY OF ANDOVER PAGE El3/El3 N~mc & Locat;eton of Di!lposallPforc!lsingIRctycllng ..Y Cnt't'Ugated frt'"0.- ~ C:- ,--E. l.f::B ') v-: Ed.ib\e Food W~ste~~'-\e..L..k-lef'~ \../Scrap Metal RE:<L'-fc..~ L~i') -- vYard WaSte ~t-U;; l~\) _ Demolitjem/Construction Debris __~Paper/Paper. p,rodu.ct$ R~JftL.-f.. 1~0 \"'/PlastiC5 ~4~.L,&- (&="0 ~NcwspapcJ: ~i-frL:fj (P:P\') ~ Ashes - Tree Debris ~Office Paper f,\EO!:L..Lk-> ~'\J ,.,.f.", .........,.....-.,... ......".,.-..,-~._.., "".....--.. US DOT 1061148 _.\L"'GI.M!,; ~\.f~l.b (ek'!) _ Othe,: - specify _ FRONT LOAD 10. LiceMe(s) Requested: Re!lidcntiel y Commerci T~UCK #101 Vm#: 11. Number Ofl.J,\lCks proposed to be licen~ed ...----:? Lie #: YBB0575 \ . Make: MACK Model: LEG13 dges receipt of 8 copy of City Code Title 4, Chllpte1' 2 and Year: 1999 '. with the provisions of said ordinance. - ~ OnlC Ucensc l:ccs: R~siderlti.n1'.T...icen'so . $lSltOO . Rcce.ipt #. ., . . . , . . ' .,,:' Cornme.rci'al Lice,llse $150:00 Ins1.ir~ce B~pit~t.ion 1?atc:.~ .;.' . ., '. F --. ,; , ,',: " " . " . . . ." Per 'Trock Fte~ ,. ~ '" ~50:o9"te..inspriction fee per tmck if 1 sf , ",' . ii1spection.fails. ,': " . ",,',' '., Co\mcit'Action:' .:. A 'r.ovbd Denicii . D,ate,. "" ., . A CORD_ CERTIFICA TE OF LIABILITY INSURANCE OPID RG I DATE (MMIDDIYVYY) LEPAG-l 07/14/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOfl ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SMA Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 216 Park Ave south #101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW St. Cloud MN 56301 Phone: 320-251-3154 Fax: 320-251-1957 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: We15t Bend Mutual In15UJ:ance Co. 15350 INSURER S: Le~age And Sons Inc INSURER c: 31 B 162nd Lane NW, Suite B INSURER D: Andover MN 55304 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR[ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE (MMlDDIYY) DATE (MMIDDIYY) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - A ~ COMMERCIAL GENERAL LIABILITY CP01066927.00 01/11/09 01/11/10 PREMISES (Ea occurence) $ 200000 - =:=J CLAIMS MADE ~ OCCUR M ED EXP (Anyone person) $ 10000 - PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $ 2000000 I POLICY n ~~ n LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1000000 A ~ ANY AUTO CP01066927.00 01/11/09 01/11(10 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS [Per person) - HIRED AUTOS BODILY INJURY - $ NON-OW N ED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per aocident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSiUMBRELLA LIABILITY EACH OCCURRENCE $1000000 A ~ OCCUR o CLAIMS MADE CU01066929.00 01/11/09 01/11/10 AGGREGATE $1000000 $ ~ DEDUCTIBLE $ X RETENTION' $ $ WORKERS COMPENSATION AND X IT~R~SLT~~s I 10TH- ER A EMPLOYERS' LIABILITY W'C01066928.00 01/11(09 01/11/10 ANY PROPRIETORJPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 500000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000 If yes, descrtbe under $ 500000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY WArT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Mai1ing address changed June 6, 2009. CERTIFICATE HOLDER CANCELLATION CITAND1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRA nON DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL. City of Andover IMPOSE NO OBLIGATION OR LIA61L.ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Michelle 1685 Crosstown Blvd NW Andover MN 55304 ~ ACORD 25 (2001/08) @ACORD CORPORATION 198 ~ . ..on 00'0"0"0 3118 162nd Lane NW Suite B =,.,. Andover, MN 55304 yOU/' independetrthaulet-. driVetl by excel'~. 763.757.7100 763.772.0633 fax www.LePageandSons.com web City of Andover Attn: Michelle Hartner 1685 Crosstown Blvd NW Andover, MN 55304 Dear Ms. Hartner: Our schedule of services for commercial waste is as follows; Tuesday-recycling and Wednesday- MSW. Our commercial rates vary based on weight/volume and number of times a month service is performed. If you have any further questions, please feel free to call me. Thank you for your time and attention to this matter. Sincerely, ~~fY\.~ Katrine Maveus Controller Locally Owned and Family Operated G) 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 FROM: Captain Tom Wells - Anoka County Sheriffs Office SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff DATE: August 18, 2009 INTRODUCTION Captain Tom Wells from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. . ~-_. --- DISCUSSION To be verbally presented. ACTION REQUIRED F or Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff s Office _. Cf) 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: Consider Declaring Dangerous Dog DATE: August 18, 2009 INTRODUCTION On February 10,2009 and August 1,2009 a dog left his property and attacked a dog caUSIng Injury. DISCUSSION Attached are police reports explaining the circumstances of the incidents. In response to the August 3, 2009 report, pursuant to City Code 5-1A-ll(B) is a letter from the City identifying the dogs as "potentially dangerous". Pursuant to City Code 5-1A-ll(A), in the event a complaint is received that would justify the classification of a dog as "dangerous" the City Council can declare the dog a dangerous dog and require the owner to maintain a proper enclosure, post a warning sign including a warning symbol to inform children that there is a dangerous dog on the property, purchase a surety bond or policy of liability insurance in the amount of at least $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, the dog must be sterilized at the owner's expense and the owner must have a microchip identification implanted in the dangerous dog. Krista Ubi, owner of the Yellow Lab that was attacked is requesting the dog be classified as "dangerous". Letter attached. Mr. Nowak has been informed of the time and place of this hearing and may appear to provide testimony. ACTION REQUESTED The City Council is requested to consider adopting the attached resolution declaring the Boxer, Henry, as a dangerous dog and order the owner to comply with the above requirements. Respectfully submitted, ~n1~U~ Michelle Hartner Deputy City Clerk Attach: Police reports, "Potentially Dangerous" Letter, Krista Ubi Letter, Witness Letters, City Code, Resolution Cc: Christopher Nowak, 14417 Eldorado St. NW, Andover, MN 55304 Krista Ubi, 14380 Eldorado St. NW, Andover, MN 55304 Jhdov-ev ~ ~C{l.t .' . ,,7. '.' - ~:' . . NOTICE O~ llPOTENTIALL Y DANGEROUS DOGlI --- f ICR #: eq - I <)? (Fl ~c;, ---- '- IDle of Ow~er: i~~ '~!"~.~( k."-I\lOWqfa~e of N~~iicatjon: . (/) 8/'l2d 11:19 ~dress: - Lf . E 1) l. t t--JW Date 01 Birth: ,_ - j\-(\ck\1'L( t' fY\N 653D4 'f None.. -rc; do.. \/ Citation Number: 1 jme Phone: Business Phone: - .-- !( I . { , , 3.me of Dog: ~~;ti. Breed: 60 ~e_I Color: _-FRw-" " \ ~x: Age: ~utered!Spayed: o YES ~O y ~r~~i~":Ama~ was bitte.n 0 while on public prop'oerty was chased or Person approached by'the 4bove S?id dog" in apparent attitude of attack:withouf 'prov'Qcation or; d The above said dog ha? on the following dates in the past attacked, p~rs6ns or oth~r domestic anir:nals without provocation: f?ldJ olz.n 09 1115J1"O\Jv'S : Oq ---()3\ 'l-/:} D-a,t, I . Time L C.R. # . :.>.':'""........_~l.;~..- .' .,~ ._..1 '" f ! .' .~~;../ _~,:< . :" . 'I. - ... If D.af~ TIm~ LC.R. # - - ~._--- -----.--.. .. . - -".. . ~ . ..: ~.~ . ~ .:... h _- ..~-. . . ~ . ..- Dat-e . .: . Tiu).e . '. ,; : LC.R# . :..... ': .: :. ;~I' ;..,;~'I::::~l1p~~':~~~ !.:;'ft;~.. :~:::' . . ~."':- ~.:~, '$.,- :..:.. ....:.. - - ' . '. . j I '. . - - - . . i. :' - -. " . . .. , ! - -- ) ) " ted: UB I ()3 ) tfJ . CSO R (}Q ~~ - Slgned By: I I I Dep.uties Nal11:e '. . cTitle ./ . Anoka County Sheriff's DBpartmef'lt i AFloka GOQ}1tyl M!nnesota '. . . Dog Owner .' , Anoka Cou~ty PFOp~rty Tax Admlnistratio.n . Agency Name: IORI#: I JCF:D Add'l . IIIII[]II]IIIII ANOKA COUNTY SHERIFFS OFFICE MN0020000 Pages: *09180929* 0 Reporting Officer(s): 1$0.00 I u.. Total Value Stolen (Property): ~. f- Date Reported: I Assigned: I Arrived: I Cleared: 1$0.00 I z 08/01/200910:26 AM 1026 1034 1101 Total Value Damaged (Property): UJ Cl Earliest DatefTime Occurred: I Latest DatefTime Occurred: Total Value Recovered (Property): 1$0.00 I 0 Z Location of Offense/Incident: Apt.: Grid: 14417 ELDORADO ST NW ANDOVER, MN 55304- A50000 - AI~DOVER co 9>HANSON,-.->161ST MOC Code: Classification: Disposition: .-... 09571 ANIMAL COMPLAINT - DOGS ASSISTED/ADVISED (/) ......- 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH OTHER ill U) Z ill u.. LL 0 Incident Narrative 1 ON 08/08/09 I WAS DISPATCHED TO A DOG ATTACK REPORT. I SPOKE WITH THE COMPLAINANT WHO STATED SHE WAS TAKING HER DOGS FOR A WALK. AS SHE WAS RETURNING HOME, SHE HAD TO PASS BY 14417 ELDORADO TO GET TO HER HOUSE. AS SHE PASSED BY, SHE NOTICED THE BOXER LIVING AT ill THAT RESIDENCE OUT IN THE YARp. SHE HAS KNOWN THIS DOG TO ATTACK IN THE PAST SO SHE ;::: YELLED TO SOMEBODY TO RESTRAIN THE DOG. ACCORDING TO THE COMPLAINANT, THE BOXER f- WRAPPED HIS FRONT PAWS AROUND HER DOG'S NECK AND ATTACKED HER DOG'S FACE. THE ~ COMPLAINANT PUNCHED THE BOXER IN THE RIBS TO GET HIM TO STOP ATTACKING. THE OWNER'S 0:: <( FATHER WAS ON THE PROPERTY AND HE RESTRAINED THE BOXER. z THIS IS NOT THE FIRST INCIDENT. REFER TO ICR #09031279. IN THIS CASE THE BOXER WAS IN THE COMPLAINANT'S YARD AND BIT HER DOG. ACCORDING TO THE COMPLAINANT, HER DOG HAD TO RECEIVE STITCHES. FOR THE ICIDENT ON 08/01/09 I ISSUED CITATION #947-379 FOR A DOG AT LARGE. I ADVISED THE OWNER OF THE BOXER TO KEEP HER DOGS LEASHED IN HER YARD AND WHEN THEY ARE I NAME CODES. A - Adult Arrested, AC - Arresting Citizen, C - Complainant, D - Driver, F - Family/Parent, G - Guardian, J. Juvenile Arrested, . I M _ Mentioned, MP - Missing Person, I - Other Involved, 0 - Owner, P - Passenger, PT - Perpetrator, R - Repartee, S - Suspect, V - Victim, W - Witness . Person NJ/U: Code: Name: Alias: D Business A C UBL, KRISTA RAE Address (Street, City, State, Zip): I Apt.: I Date of Birth: I:sex: I Race: 14380 ELDORADO ST NW ANDOVER, MN 55304- FEMALE WHITE Height: Weight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus, Cell: T Cell/Pager/Fax: . Person A/J/U: Code: Name: Alias: .-... D Business A S PUFALL-NOWAK, AMANDA LEIGH U) ......- Address (Street, City, State, Zip): I Apt.: I ?ate of Birth: tsex: \1 Race: UJ ~ 14417 ELDORADO ST NW ANDOVER, MN 55304- FEMALE WHITE <( Z Height: Weight: Hair Color: Eye Color: I Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: I . Person A/J/U: Code: Name: Alias: D Business A M PUFALL, EDWARD JOHN Address (Street, City, State, Zip): I Apt.: I Date of Birth: I Sex: I ~~~~E 24 N CLOQUET RD W ESKO, MN 55733- MALE Height: Weight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: ill Supervisor: Extra Copy To: Related Case Number: I CI) <( () Page 1 of 4 Narrative 1 Continuation: Page 1 of 1 Case Number: *09180929* Author: IN WALKS TO ALWAYS KEEP THE DOG ON A LEASH. NFA. :::;SO C. YANTOS KH 8/4/09 :::;C: ANDOVER CITY HALL CLERK OF COURT Case Number: ADDITIONAL OFFENSES/NAMES 09180929 MOC Code: Classification: Disposition: ....... en W en z ill U. U. 0 I NAME CODES, A - Adult Arrested, AC - Arresting Citizen, C. Complainant, 0 - Driver, F - Family/Parent, G - Guardian, J - Juvenile Arrested, I M - Mentioned, MP - Missing Person, I - Other Involved, 0 - Owner, P - Passenger, PT. Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness . Person . NJ/U: Code: Name: " Alias: D Business A M NOWAK, CHRISTOPHER MARK Address (Street, City, State, Zip): I Apt.: I Date of Birth: I Sex: I Race; 14417 ELDORADO ST NW ANDOVER, MN 55304- MALE WHITE Height: Weight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: D Person NJ/U: Code: Name; Alias: D Business Address (Street, City, State, Zip): I Apt.: I Date of Birth: I Sex: I Race: Height: Weight: Hair Color: Eye Color: Home/Bus. Phone; Work/Bus. Cell: Cell/Pager/Fax: D Person A1J/U: Code: Name; Alias: D Business Address (Street, City, State, Zip): I Apt.: I Date of Birth; I Sex: I Race: ,-... Height Weight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax; en '-' ill ~ D Person NJ/U: Code: Name: Alias; <( Z D Business Address (Street, City, State, Zip): I Apt.; I Date of Birth:. I Sex: I Race: Height: Weight: Hair Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: D Person A1J/U: Code: Name; Alias: D Business Address (Street, City, State, Zip): I Apt.: I Date of Birth: I Sex: I Race; Height: Weight: Hair Color; Eye Color: Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: D Person NJ/U: Code: Name: Alias: D Business Address (Street, City, State, Zip): I Apt.: I Date of Birth: I Sex: I Race: Height: Weight: Hair Color: Eye Color; Home/Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: Page 3 of 4 INCIDENT REPORT - NARRA TIVE Agency Name: ORI #: Report Date/Time: OCA#: ANOKA COUNTY SHERIFFS OFFICE MN0020000 08/01/200910:26 AM 09180929 Incident Narrative 2 ON 8/3/09 AT 1806 HOURS I DID FOLLOW-UP REGARDING THE DOG BITE INCIDENT ON 08/01/09. KRISTA CALLED REGARDING A DANGEROUS DOG FORM BEING FILLED OUT FOR THE INCIDENT. FILLED OUT A DANGEROUS DOG FORM AFTER SPEAKING WITH THE SGT ON DUTY. ALSO CHECKED WITH THE OWNER OF HENRY ABOUT GETTING HIS TWO DOGS LICENSE WITH THE CITY OF ANDOVER. HE SAID HE WOULD BE DOING THAT ON 08/04/09. FORWARD THIS FOLLOW-UP AS WELL AS ICR FROM 08/01/09 AND ICR FROM 02/10/09 (09-031279) TO ANDOVER CITY HALL. NFA. CLEAR. CSO S. ROEDER :KH 8/4/09 ICR for Case 09031279 /J-ti7JL r I1M~ Page I of2 ~vvl c .' I~ .l-::A /l7 atu:lrtv-e/l/ . fANOKAC-OUNTY' SHERIFF75oFFICE.-.---------.---.---- ---. --f~=~~===:2~~==~:~_~I.-cOLLAgSOE 3NU1M2ByEgR i 325 E MAIN ST, ANOKA MN 55303 i ADD'l PAGESI I (CLASSiFICA Tlo~(~"-"-. .,-.,.....".. .c....-... ... ..... -.....'rC6DE.~-. .-lDlsp~..TCLASSiFTcATlON="'~_c='-~c.~=.,=.==---==.-==..--fCODE-.--fDisp-. i ANIMAL - DOG BITES i 09561 is: I I tClJ\SSIFICi\T10N~- .. ,.-.,..-".,"'-".- --.- ----jcoDE.=--'=~TSP~ '\ CLASSlFICATloN"-=c,'"-===...=-=-.------..- fODE fDlSP i 1 i! I I iC~~.SSIF.I~~~I~~..~'-~......,~~.--'-"-......=-.~...-~--~~~-~...'-~~~~.~~-]~~~~~-~~~i~s~~r~~~~~c~:~-.~~._~=~~=~~~~~=.=====__J.::E _ LISP_= ! REPORTING OFFICER(S) i CS007 DISCHER, MELISSA IOIlIE'REPORTED- ,.."..,_c~.~_,_'.'..""",' iAs-sIGNE-D'-~-:i\RRTvED--TctEAR-ED-'iEARiJEs---.tDATEHIME'OCCURREo'=--=-='lATESTDATEITIMEOCClJRRED== i 2/10/2009. . .'1715 . i 1729 .11748 . ! .... . .' I iL~~~~NE~D~~~~~i~~~~~~~VE~',':~~~'3~:~---"---"'=""~- "-lAPT-#~r~~~ =rfUESTOLEN~'~"'I~LUEDAMAGED---'l $LUE RE'COVERED-- i'~' .." "."" '"~",,...'C .."".'.'"....~,,,..",.,...,...-,..,,..--,.-.,,' "'--'''.--''=''''..~,.,.",.--",,,,,"''=",--.''==.===''''-'"7'-'-=;'==---="'"--r-=''''-''~~ I ~ I R~~;~~G ~~T:;T~~~ I DATE OF BIRTH I ~X RACE I HOME PHONE r~~~~~~~~~~;;~~~-;~:~-~'~~_-_~'~~:--'~~""=~'-~-~~~'~:--~'_~:e~~~~~~~~E;~'" -~~~,,~-~~]~~E~I~~~g~~J~~::=::::~====~=,=~_~=_ I NARRATIVE i DISPATCHED TO A DOG BITE DOG CALL. UPON SPEAKING WITH THE RP SHE INFORMED ME THAT HER NEIGHBORS DOG FOR I THE THIRD TIME HAS COME INTO HER YARD AND BIT HER DOG. SHE THEN STATED THAT SHE DID NOT WANT THE DOG OWNER ITO RECIEVE A CITATION BECAUSE HE HAS BEEN COOPERATIVE PAYING FOR THE VET BILLS. I TOLD HER I WOULD CONTACT I THE OWNER AND LET HIM KNOW THE LEASH LAWS IN ANDOVER AND WHAT COULD HAPPEN IF A DANGEROUS DOG REPORT i WAS FILLED OUT. I WAS UNABLE TO MAKE CONTACT WITH THE OWNER AFTER TRYING SEVERAL TIMES. PLEASE NOTE THAT IF ! THIS HAPPENS AGAIN THE OWNER SHOULD RECEIVE A CITATION. NO FURTHER ACTION. CLEAR. i CSO. M. DISCHER j i ~~tt:'f~"~c;;;~~;~~;;:~:~:':-::f~"~:---::-:=r~:,==r~~:rrzrJ":t~ ! 14417 ELDORADO ST i : ANDOVER I MN 55304- :........_.. .._...., .... ...._........__......_....... ____. ._._..............._......_ .._._ ,,___. . _.._.... '_ _". .'-__ ___._____..__..__....____.._______..1. fALIAS' .. .-.. ...... . ..- -..-..-" .w.... ...... ..-.. ..............TH6~Xj:/RI.I~.PHON{...... .-.--... ---lij\TOR'K72NO-BlJSPHONE'-"--"---r CELLI PAGER / FAX i ;; I !' i i.N. j/lj)CODETNAME-- ----:-..,"'"..-"=',..... ,-- =--- - - ".= "-, ..-- ~ --, ='.C=_===='=__.' '-~lDOB--=~==~==rsEx-rACE I HGT-rWGT. j HAIR I EYES ..,....c.-.........,......,. ....,.,..... ., .. .., . '-'. =_..T--..-~~='='-~-.~..~..~-=..=..=---~'~=~I ~--- -- : ADDRESS ! APT I CITY STATE-fiIP-.-.------ : -. _'':' _,. . _ ' :"", ","__ '.:"::__ _. _"~." ,'- '_, ..,..'-:.."._:'-.:'.-~....:~:.._.:'":C..::'..-:-:.._:..... ....":.:".'.-~_~:~~-~.",~~~,....~-:~~.-., ",-;".-..,~---_._'-~."_.. ........ ".":-~_":'L",._._.._~_.~l__ __.__........._~____~..__~."~_.___._.~_,~_._~.___,___.___.-L_ . :ALii\s .... .... -.. ...... -.TH.oMEfsUsPHoNE--H------lwoRKT2NDsLis-PH6"NE-.---.--rcELL/PAGERTFAX"- -- ..... I ' I . i 1 ~__"'~'_".',m" ,___"'M ~_..,"...__'<.,__~~"'.___~_.~.____.~_~_~__~,_._M,____~.__""_.~l~.._,__.__,,_._._.,"_..~-_~_,_____ __---L.___.~~~_____ _ ~~~=~===~~.~~~~.~ , i I I t:;:Es:ODE~~~OO~:O:~ -o=.....C"~='"o~eME~=PH:~:,IT~~~T==l~~==~r1;.ij;~~ . i i I I .... >-".-,~,-'..'~,=", i~'."" '--- IHOME/BUS.PH'O.N.t='~-=-~-~ . '-WORK'/2NDBUSPHONE"'''''''==F I PAGER I FAX . ...,... -....ce.,.,.....- ..._................L..........---...............-..... _..__.-_--.--J.. ___...,.......~.._"....._..____L_.... '__ ENTRY 2 ENTRY 3 -". ENTRY 4' ; SUPERVISOR .... . .... .... . -COPY-TO --- -.---....--.--..-.....'Ti*.LATED CASE NUMBERS: ( I https://accr.ci.coon-rapids.mn. us/icr.asp?Case _Number=09031279&J urisdiction=MN0020000 8/3/2009 5'\.NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US August 5, 2009 Christopher Nowak 14417 Eldorado St. NW Andover, MN 55304 Dear Mr. Nowak: Your Boxer, Hemy has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it attacked a dog. In the event your dog again aggressively attacks, bites or otherwise endangers the safety ofhuillans or animals, the dty 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, ?h':JJeurfru/'l Michelle Hartner Deputy City Clerk Enclosure Michelle Hartner From: Krista.Ubl. 1 Sent: Wednesday, August 05, 2009 3:,jL PM To: Michelle Hartner Subject: Krista Ubi requesting to attend City Council Meeting on 8/18 August5,2009 Michelle, I'm writing to you requesting to be added to the agenda for the City Council Meeting taking place on August 18, 2009. I'd like to discuss deeming a dog dangerous and removing him from the City of Andover. A boxer owned by Chris and Amanda Nowak has attacked 3 dogs on 7 occasions. I reported 2 incidents to the police (case numbers 09180929 and 09031279). The boxer caused bodily harm to my 6-year old lab and the Community Service Office working on the case did not do her due diligence by noting the boxer caused bodily harm and completing a dangerous dog report at that time. The last attack took place on August 1, 2009 and a dangerous dog report was filed. In addition, the Nowak's were given a citation, however, because the boxer did not cause bodily harm on August 1, 2009, I was advised this dog gets another chance. I would like to attend the City Council Meeting and propose this boxer be deemed dangerous and removed from the city of Andover before he has the opportunity to harm another animal or a child. Please see additional details of all 7 attacks below: Incident # 1 while walking my dog (Leo) on leash in the street the boxer (Henry) ran into the street and was biting my dog in the neck until the owner's father called him and he ran back home. Incident # 2 and 3 Boxer (Henry) ran across the street and continuous bit my dog (Leo) in the neck. I ran to my dog and removed the dog's jaws from my dog's neck. I was holding the boxer in a head lock when he backed ,out and then grabbed my other dog (Bailey) by the neck. I crawled over to them and removed the boxer's jaws from my dog's neck and hit the boxer. He ran back home. Incident # 4 Boxer (Henry) ran across the street and starting to bite my dog (Bailey) in the neck and ears. I tried to remove the boxer from my dog's neck but, he would not stop biting him. He finally stopped when my neighbor kicked the boxer in the rib cage. In this incident he caused bodilv harm. (my dog had to get stitches behind his ear). Incident # 5 and 6 these incidents involved another dog (Cassie) that was being walked on the street on leash when boxer (Henry) attached her - in one of these incidents the owner kicked boxer in order to keep . him away. Incident # 7 walking my dogs on a leash in the street the boxer ran towards us in the street (approx. 2 houses away from the Nowak residence) and wrapped his front legs around my dog's neck (Bailey) and bit his face several times before I punched him to get him away from dog. The owners were no where around when this incident took place. 1 *****currently, my 6-year old yellow lab has to be medicated for anxiety and I'm in the process of socializing him again because he has now become aggressive around other dogs. I would appreciate the opportunity to discuss these incidents at the City Council Meeting on August 18, 2009. Sincerely, Krista Ubi 2 Michelle Hartner From: Michele Asmussen on behalf of Sent: vvednesday, August 1 L, 2009 3:22 PM To: Michelle Hartner Cc: 'Krista.Ubl'; 'Ron Hansen'; 'Bret Asmusssen' Subject: letter to Andover officials Hello Michelle, I am writing in regards to Krista Ubl's case against the Boxer dog named Henry residing on Eldorado Street in Andover, MN. My husband, Bret and I, live directly across the street from Chris and Amanda (Henry's owners). This summer, I witnessed Henry's attack on Krista's dog, Leo. On this occasion, Henry left his yard, crossed the street into our front yard and attacked Leo. I believe Henry had a shock collar on. The owners of Cassie (black &. white female dog) shared a verbal account with me regarding two separate incidents of when Henry attacked Cassie as they walked down our Street. t did not witness the attacks on Krista's dog, Bailey. However, I have noticed a change in Bailey's demeanor from being that of a very laid-back, social and care-free dog to one that is anxious and increasingly leery of other dogs. Bret and I admittedly struggle with training issues with our own two dogs as well. I certainly don't claim to be an expert but after reviewing several training books and videos (for our own purposes) it seems that Henry may be signifiCantly under-exercised. According to the Encyclopedia of Do~ Breeds by D. Caroline Coile, Ph.D., the Boxer breed, on a level of 1 to 5 (5 being the highest), rate a 5 on energy and playfulness, and on exercise requirements it states Boxers require daily exertion. It is also well-documented that when dogs requiring daily exertion don't receive their required exercise, they will almost always act out through aggression. Once the dog is consistently exercised on a daily basis - the aggression almost always subsides. Chris and Amanda are good people and friendly neighbors. They play outside with their children almost every night and when their dogs are outside, they wear shock collars. However, Henry's breed requires daily vigorous exercise. With that said, Sam and Henry are rarelv seen playing outside and are rarely ever seen taken for walks. While Henry may be a sweet and wonderful dog around his family, there is no getting around the fact that he has attacked three different dogs on separate occasions. However, I do hope mandatory training classes and daily exercise plus a fence, etc. would be considered over the dog being euthanized. Thank you. Sincerely, Michele Asmussen 14416 Eldorado Street Andover, MN 55304 1 Michelle Hartner From: Ron Hansen Sent: Wednesday, August 12, 20094:08 I-'IVI To: Michelle Hartner Cc: Krista.Ubl Subject: Letter for Krista Ubi To whom it may concern My name is Ronald Hansen I live at 14404 Eldorado Street NW, kitty corner from Chris and Amanda owners of Sam and Henry. I on two separate occasions I have witnessed "Henry" leave his yard and attack Bailey, both times unprovoked. The first time earlier this year it was at the base of my driveway and Krista struggled separating them and was bit by Henry in the process, I intervened and separated Henry's hold of Bailey by striking Henry. On this most recent occurrence I witnessed Henry leave the yard (shock collar on) and run across the street to Krista and her dogs. However, because of an obstruction I was unable to see what exactly transpired once he reached them, but based on the ruckus and Krista's demeanor afterwards I believe it was not a positive encounter. Ronald M. Hansen This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. As required by federal and state laws, you need to hold this information as privileged and confidential. If you have received this communication in error, please notify the sender immediately by phone or email, and destroy all copies of this communication and any attachments. 1 CHAPTER 1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS SECTION: 5-1A-1 : Definitions 5":1A-2: Dog Licensing Requirements; Exemptions 5-1A-3: Number Of Dogs And Cats Restricted 5-1A-4: Violations 5-1A-5: Control Of Animal; Excrement Removal Required 5-1A-6: Obligation To Prevent Nuisances 5-1A-7: Impoundment And Redemption Provisions 5-1A-8: Permissible Return Of Unrestrained Dogs And Cats 5-1A-9: Improper Care And Treatment Prohibited 5-1A-10: Muzzling Proclamation 5-1 A-11 : Dangerous And Potentially Dangerous Dogs And Cats 5-1A-12: Summary Destruction Of Certain Dogs 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 SHEL TER: 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. 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 1: general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2. KENNEL; PRIVATE 3 : A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which 1 See also section 12-2-2 of this code, definition of "dog kennel,. commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein4. NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or 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. POTENTIALL Y 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 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) 1 See subsection 1-7 -3A of this code. 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in anyone-family residence unit or place of business except pursuant to Section 5-1A-13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one- family residence unit or place of business that is located 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/CA T: Date ,20_ To whom it may concern: We have this day taken up and impounded in the pound of the city at , a doglcat answering the following description: sex - color breed approximate age name of owner (if known) Notice is hereby given that unless said doglcat 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 officerlcity 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) 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 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 POTENTIALL Y 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 5-1 A-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/eat'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/eat'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 1 . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, 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 . 1 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 1. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private/Commercial Kennel Licenses: A minimum of two and one-half (2.5) acres in a residentially zoned district is required for a private/commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private/commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. Amended Ord. 233, 11-4-1997; amd. 2003 Code) 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. 1 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. S. Placement On Council Agenda; Notice Requirements: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. C. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. D. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: 1. The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty-(30) days of the order shall be assessed against the owner's property. (Amended Ord. 233, 11-4-1997) 2. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. 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) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -09 A RESOLUTION DECLARING A DOG OWNED BY CHRISTOPHER M. NOWAK, 14417 ELDORADO STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER I, SECTION 5-1A-l1. WHEREAS, a Boxer owned by Christopher M. Nowak, 14417 Eldorado Street NW, Andover has been allowed to run at large; and WHEREAS, on February 10, 2009 said dog left its property and bit a dog causing injury; and WHEREAS, on August 1,2009, said dog left its property and was aggressive towards a dog; and WHEREAS, on August 5, 2009 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, per the request of Krista Ubi, owner of the dog that was attacked in the February 10, 2009 and August 1,2009 incidents a "dangerous dog" declaration hearing was scheduled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports of the February 10, 2009 and August 1,2009 incidents and testimony at the hearing to hereby declare a Boxer owned by Christopher M. Nowak, 14414 Eldorado Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5-1A-l1. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Christopher M. Nowak a copy of the resolution. Adopted by the City Council of the City of Andover this 18th day of August.. 2009. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W .CI.ANDOVER.MN.US TO: Mayor and Councilmembers '" CC: Jim Dickinson, City Administrato Will Neumeister, Community Developm nt Director ttJ~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Public Hearing/Consider Amendment to CUP for Time Extension/Meadow Creek School Subordinate Classroom Structures/3037 Bunker Lake Blvd.-- Planning DATE: August 18, 2009 INTRODUCTION Meadow Creek School has requested additional time for the existing subordinate classroom structures. No changes to the existing buildings are proposed. DISCUSSION The previous conditional use permit amendment expired in July of this year. As indicated in the attached letter, the school would like to extend the approval for these structures an additional two years. Due to the limited time before the school year begins, this application has been brought directly to the Council for a public hearing. Recent Changes to the City Code The Council initiated changes to the approval process for subordinate classroom structures last year. The results are shown in the table below. Additional detail about the discussion leading to these changes is provided in the attached minutes and Ordinance 374. City Code 12-12 Excerpt R-l R-2 R-3 R-4 R-5 M-l M-2 Subordinate Classroom Structures (when located on P P P P P P P a licensed K-8 or K-12 school property) Subordinate Classroom Structures (when located on a property where there is a church as the principal C C C C C C C use) Inspections As discussed in the attached minutes, regular inspections are conducted by the Fire Department. Building inspections are only conducted with initial construction, addition or if a building code issue is identified during a routine Fire Department inspection. There have been no issues with the classrooms since they were added to the site in 2002. Long Term Plan As indicated in the attached letter, it remains Meadow Creek School's goal to construct a new facility on the site they own at the intersection of Tulip Street NW and 161 st Avenue NW. ACTION REQUESTED The Council is asked to hold a public hearing and to approve or deny the proposed Conditional Use Permit. Attachments Resolution Location Map Applicant's Letter (will be a supplemental item on Tuessday) Location of Subordinate Classroom Structures Current Photos of Classrooms Ordinance 374 City Council Minutes Previous Resolution R074-07 Previous Resolution RI07-02 ~:z; Cc: Antonette Johnson 3037 Bunker Lake Blvd NW -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 18,2011 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota. WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow subordinate classroom structures until July of2009 from the City Council on May 15, 2007; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and .. WHEREAS Meadow Creek Christian School has requested that the conditional use permit for subordinate classroom structures be extended through August of2011 to allow time for the new school to be constructed; and WHEREAS, the City Council held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution RI07-02 except as follows: a. The amended conditional use permit shall expire on August 18, 2011. Adopted by the City Council of the City of Andover on this _ th day of , 2009. CITY OF ANDOVER ATTEST: Michael R. 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J.. r:..J ~ ,... ~ 1333 1333 733, 13310 ,~~::.}j..~[4."':",,~-_'..:.~'::' f-~-:::;'~--:-=--- -:.2- .:- ~ ..:....:....:.. 1"(\-';113320 7..,'" ~ .~~ 13315 -~::;S=:~',",::~F2~~.o",~~~",...,._..-_:,:'~l--.~ 1133072861 2841 '" 2813 27661~ 273012714126602646 13303 . SUBJECT PROPERTY 6 N -7/- Location Mat .;,., =~ . . . . .""'~ !~\ . - . - . . . - . - . - CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE 374 AMENDING CITY CODE TITLE 12 TO ESTABLISH A DEFINITION OF SUBORDINATE CLASSROOM STRUCTURES AND ESTABLISH WHEN THEY ARE CONDITIONAL OR PERMITTED USES WHEREAS, a public hearing was held before the City Council, and; WHEREA~, the City Council reviewed the proposed code change; and WHEREAS, the City Council has determined that the Zoning Code shall define "Subordinate Classroom Structures" and differentiate between when they are associated with a church from when they are associated with either a licensed K-8 or K-12 school in all residential zoning districts. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES HEREBY ORDAIN AS FOLLOWS: City Code Title 12, is hereby amended as follows (underlining indicates new language and strikeouts indicate langt;tage to be removed): Subordinate Classroom Structures - Those structures erected upon a lot containing a school or church structure as the principal' use, for the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. Amend Table of Uses to show "Subordinate Classroom Structures" as a permitted use when located on a licensed K-8 or K-12 school property in all residential zoning districts. Also amend the table to show "Subordinate Classroom Structures" as a conditional use when located on a property where there is a church as the principal use on the property in all residential zoning districts All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council ofthe City of Andover on this 2nd day of December, 2008. CITY OF ANDOVER <~/?~ / Michael R. Gamache, Mayor ...... -7- ....-----..- -- .-- Regular Andover City Council Meeting Minutes - December 2, 2008 Page 3 -- .'" PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM STRUCTURES The Council approved a time extension for Andover Christian Church's portable classrooms on August 19, 2008. Staff was directed to study the issue of how the code allows these and if the code needed to be changed to make it clearer on how they are treated. That information was reviewed and discussed at the September 16, 2008 Council meeting. No conclusion was reached that evening and the following week staff met with the City Attorney to put together a new recommendation on what needed changing. Motion by Knight, Seconded by Trude, to open the public hearing. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Trude, to close the public hearing. Motion carried unanimously. Councilmember Jacobson stated one of the things they talked about was the inspection of the subordinate classrooms and he was told by staff that fire inspections are held on a regular basis. He asked about building inspections and was told they were not inspected unless something wrong is detected by the Fire Department. He wondered if in the changes they wanted to make sure inspections are done on a regular basis because they are public buildings and school children do use them. Councilmember Orttel indicated that they do not inspect schools so he did not know what the difference was. Councilmember Jacobson stated schools are made better than the subordinate classrooms. Councilmember Trude supported going to the longer term on their use. She thought they should allow a ten year term but have a walk through with the Fire Marshal since they are public assembly places. She noted these buildings are supposed to be thirty year life span and a lot of them are secondary market products. Councilmember Knight thought they are getting into school territory and they are assuming they have jurisdiction over school buildings. Councilmember Jacobson stated the Building Department would be if they found a defect in the school building. Councilmember Orttel stated they are allowed to protect the health, welfare and safety of the City. He did not know if everything would need to be inspected or just the class but where does it end. He stated this is not the Building Department's job. -- 3'-- '- Regular Andover City Council Meeting Minutes - December 2, 2008 Page 4 They are there to inspect buildings as they are being constructed. Councilmember Trude stated they do inspections of rental units. Councilmember Orttel stated these do not come under the same building code as other buildings, these are not the types of structures the Building Department typically inspects. City Attorney Baumgartner stated they have previously discussed this and he knows Mr. Dickinson received a large packet of information from the School District regarding the inspections they do themselves and the Council had the discussion as to whether or not they needed to do additional inspections on top of what the School District inspected. In going through the packet with Mr. Dickinson he knew it was quite extensive what the School District itself does when inspecting their buildings. They have a right to inspect the buildings for the health, safety and welfare of their citizens but felt it would be duplicating the process that is already being done by the School District. He thought the list the School District provided as far as what they inspect going into these . structures is probably more significant than what the building inspector would do. Councilmember Orttel felt they are back to where they started with Conditional Use Permits and how churches are treated. He thought they were trying to change the time limit for reviewing these subordinate structures. The Council discussed the ordinance changes and what type of entity would require a Conditional Use Permits versus permitted use buildings in the City. Councilmember Orttel asked when it says on a licensed K -12 does that mean an entity needs to be licensed for all grades or if there was just an elementary school would that be included. Councilmember Trude thought on the license it could state "primary and/or secondary school property" . Councilmember Jacobson stated he would drop the questions of inspections because he did not know if it was going anywhere. Councilmember Trude stated she would support it but she did not think the support was there. Councilmember Jacobson stated if they do not have support for inspections then the amendment as stands is the right one. Councilmember Trude stated With the one amendment to delete K-12 and replace it with "primary and/or secondary school property". Councilmember Jacobson thought it should be changed to "K-8 or K-12". Motion by Jacobson, Seconded by Orttel, to adopt the proposed language into the Zoning Code with the following change in the second paragraph, second underlined paragraph on the line that starts out "on a licensed K -12", should read "On a licensed K:-H Primary and/or Secondary". Motion carried unanimously. (ORD. 374) ----., '" CON. CONDITIONAL USE P /INSTIT ASSEMBLY OF G o BUNKE BLVD -1- -~-- .-....--. CITY OF ANDOVER 0 COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R074-07 A RESOLUTION AMENDING CONDITIONAL USE PERMIT (02-08) TO EXTEND THE PERMIT FOR TEMPORARY CLASSROOMS TO JULY 1, 2009 FOR 1v1EADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use pe1'!Djt to allow temporary classrooms 'until June of2007 from the City Council on July 2, 2002; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS, Meadow Creek Christian School has made significant progress in raising funds for the new school yet will not have the school constructed when the conditional use permit for temporary classrooms expires; and C WHEREAS Meadow Creek Christian School has requested that the conditional use permit for temporary classrooms be extended through June of 2009 to allow time for the new school to be constructed; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and 'WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit amendment as requested. NOW, TIffiREFORE, BE IT RESOL VED,that the City Council of the City of "Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment to allow for the continued use of the four temporary classroom structures with the following conditions: 1. The temporary classrooms shall continue to comply with the conditions of Resolution Rl 07-02 except as follows: a. The amended conditional use permit shall expire on July 1, 2009. Adopted by the City Council of the City of Andover on this 15th day of May, 2007. 0 CITY OF ANDOVER ATTEST: /lLb Ii..:;&, ~~ Victoria V olk, City Clerk -/4-- CITY OF ANDOVER COUNTYOFANOKA J3 c 6)~ ~'I_ tL"3 -o<.:>o$'" STATE OF MINNESOTA RES. NO. RI07-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHURCH TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEV ARD NW WHEREAS, Meadow Creek Church has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Boulevard (PIN 33 3224230005), legally described as: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 Section 5.03, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the he~lth, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for temporary classrooms on said property with the following conditions: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. Any propane tank must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. Installation requirements will be addressed at the time of installation. 5. A minimum often feet (10') would be required to separate the classrooms from the gym. -}/- 6. The Site Plan will need to be signed. 7. The Special Use Permit would expire by June 11,2007 or earlier upon the sale of the premises for which the Special Use Permit is granted. 8. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this 2nd day of July, 2002. CITY OF ANDOVER /~ -7 /~ /1 '" 4--,>7 5.4":.:" ..,". - , ~"";"'""<.,1t;Pg~ j C- ~ ~~f; .l.?' /o,'d!'1:~ :./ ~~{::~-"v'"/", ATTEST: Michael R. Gam:ache, Mayor , ''I . 'I .! Ii ~. I; tb:/ . ~". #,,1;.,;'''''/ (,", . Victoria V olk, City Clerk --/2- - 3037 NW Bunker lake Blvd Andover, MN 55304 Phone: (763) 427-4595 . Fax: (763) 427-3398 RECEIVED August 13; 2009 AUG 1 4 2009 CITY OF ANDOVER City af Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear City af And~)Ver: . Meadaw Creek Christian Schoo.l and Meadow Creek Church currently share a facility. Approximately five years ago, MCCS embarked an a plan to. canstruct a new schoo.l on 161st Ave in Andover, MN. To accommodate aur student body while we transition to the new facility, we applied to. the City af Andaver for a condition use permit to install portable class roams $nd that permit was granted. As of July 1 st, 2009 that permit has expired. However, On August 3rd 2009 a second Conditional Use Permit was signed by Meadaw Creek Church and provided to the City of Andover. It is MCCS's intentian to build aur new facility within the next two years. We have signed a one-year lease with Meadaw Creek Church with a manth to manth use .' as needed up to. two years. The exact date that we will vacate our currentfacility remains undetermined, however, it is aur gaal to. be in aur new facility by the summer af 2011. A~/7nS~ , j Sheldan Johnson' Interim Superintendent C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W W.CI.ANDOVER.MN.US - TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop FROM: Courtney Bednarz, City Planne/P SUBJECT: Consider Revised Planned Unit Development/Andover Clocktower Commons/NE Comer of Hanson & Crosstown Blvds. NW - Planning DATE: August 18, 2009 INTRODUCTION This item continues the discussion of a % direct access to Crosstown Boulevard NW for the Andover Clocktower Commons development. DISCUSSION The applicant's proposal for the intersection is represented in the attached plan set. City staff continues to not recommend the proposed plan as identified in the attached memorandum from the Engineering Department dated August 14,2009. This memorandum compares the applicant's responses to the previous Engineering Department review of the concept plan and updates each comment as necessary for formal review # 1. Developer Installed Improvements It is important to note that if the proposed project moves forward the applicant will be required to enter into a development contract using the standard development contract adopted by the Council and comply with the City Code for Developer Installed Improvements. The contract and City Code define construction and financial obligations to ensure that projects are successfully completed. Timing of Intersection Improvements The applicant's proposal contains interim improvements to create an additional access to their site. It does not contain the level of traffic safety improvements recommended by the transportation authorities described in the attached Engineering Department memorandum. The applicant has verbally stated that a "permanent full right turn lane improvement" will be completed at the time either Lot 3 or 4 of Block 1 is developed. The city may also choose to require additional intersection improvements with approval of any future development on the south side of Crosstown Boulevard. However, there is no agreement in place that stipulates when additional improvements will occur or who will bear the financial responsibility for construction. If the proposed project moves forward, a condition of approval should specify the timing and level of intersection improvements that will be required. Staff Recommendation Engineering staff does not recommend that a % intersection be allowed unless a concrete median is constructed on Crosstown Boulevard to provided safety. Subsequent to that recommendation, Engineering staff has prepared the attached memorandum dated August 14,2009 to provide comments independent of the omission of the concrete median. If the Council wishes to modify one or more of these recommendations, those adjustments need to be itemized as conditions of approval. ACTION REQUESTED Once again, it is important to note that the city has extended the review period as far as state law permits. The applicant requested additional review time to allow this item to be discussed at tonight's meeting. The Council has three options: 1. Deny the proposed amendment to the approved planned unit development. Denial will require the attached resolution to be modified to include findings for denial and remove the recommended conditions of approval. 2. Approve the proposed amendment to the approved planned unit development with any changes that are desired. 3. Receive a signed and dated letter from the applicant requesting additional review time for the commercial site plan application. Attachment Proposed Plan Redlined by Staff (enclosed in packet) Engineering Department Memorandum Applicant's Responses (Note: these are also in the Engineering Department memorandum) July 23rd Council Work Session Minutes llC' Co y Bednarz Cc: Tom Roberts BDT Land, LLC 6484 Pinnacle Drive Eden Prairie, MN 55346 Darren Lazan Landform 105 South 5th Avenue, Suite 513 Minneapolis, MN 55401 --2- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVINGIDENYING AN AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS TO ALLOW INTERIM INTERSECTION IMPROVEMENTS THAT PROVIDE AN ACCESS TO CROSSTOWN BOULEV ARD NW WHEREAS, BDT Land, LLC has requested approval of an amendment to the approved planned unit development to allow direct access to Crosstown Boulevard NW; and WHEREAS, City Code 13-3-10 requires a public hearing to review changes to the approved development and design; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council that a % intersection be allowed provided that the roadway improvements conform to Engineering Department review comments; and WHEREAS, to obtain approval of interim intersection improvements to provide access to Crosstown Boulevard the applicant has agreed to construct a permanent intersection improvement as described by the feasibility study of City Project File #08-20A at the time Lot 3 or Lot 4 of Block 1 of Andover Clocktower Commons are built upon; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves/denies the proposed amendment to allow interim intersection improvements to provide access to Andover Clocktower Commons from Crosstown Boulevard subject to the following: 1. Design and construction of the intersection shall conform to the recommendations of the Engineering Department Memorandum dated August 14, 2009 and follow city policy for developer installed improvements. 2. The applicant shall be required to complete a development contract in the form adopted by the City Council, in compliance with the City Code and as acceptable to the City Attorney for the interim intersection improvements approved with this resolution. The applicant shall provide a financial security as determined by City Code 1-7-3 in a form acceptable to the city to guarantee that these improvements will be completed. 3. The applicant shall also be responsible for all right turn lane improvements described in the feasibility study for City Project File #08-20A. These improvements shall be completed in compliance with city design standards and adopted policies by the time a certificate of occupancy is issued for either Lot 3 or Lot 4, Block 1 of Andover Clocktower Commons. The applicant shall provide a financial security as determined by City Code 1-7-3 in a form acceptable to the city to guarantee that these improvements will be completed. This condition shall be incorporated into the development contract for interim intersection improvements. -$- Adopted by the City Council of the City of Andover this _ day of , 2009. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor -'1- 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 ",.",OUNDU", TO: Courtney Bednarz, City Planner FROM: David D. Berkowitz, Director of Public Works/City Enginee~ Jason J. Law, Assistant City Engineer DATE: August 14, 2009 REFERENCE: Andover Clocktower Commons/Revised PUD Plan Review #1 The following comments are for review #1 of a plan submitted by BDT Land, LLC for a revised PUD amendment incorporating an access point on Crosstown Boulevard for Andover Clocktower Commons. As discussed at the City Council Workshop on July 23, 2009 and identified in a review letter of a conceptual plan dated July 31, 2009, City staff is not in agreement with not requiring construction of a concrete median in Crosstown Boulevard for safety reasons, to effectively create and protect the % intersection movements. The following comments are independent of the omission of a concrete median in Crosstown Boulevard. Design standards for all improvement projects on City streets, whether they are considered as permanent or temporary, are in accordance with the City of Andover's Policies and Procedures, Roadway Reconstruction Policy, The City of Andover's Concrete Curb & Gutter Policy, the MUTCD, and the MnDOT Road Design Manual (which also refers to the AASHTO Policy on Geometric Design of Highways and Streets, aka "AASHTO Green Book"). These are industry standard design references. The developer submitted a response letter referencing staff's comments from the conceptual design review. Following is the original staff comment, followed by the developer's response in italics, with staff's follow up response in bold for plan Review #1. Additional comments are also provided that were not identified in the conceptual plan submitted. The following comments address geometric, drainage and safety issues. The followinQ comments have not been addressed from the conceptual plan review: 1. Need to submit plans to the Coon Creek Watershed District to determine if a permit is required. If a permit is required, a copy of the approval will need to be submitted to the City before final design comments can be provided. We will submit plans to the watershed for appropriate permits. We have calcu/ated the storage capacity in the existing pond and it is adequate to handle the additional impervious. Item has been addressed. A copy of the permit shall be submitted to the City prior to construction. 2. An MPCA NPDES Permit will likely be required. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the City before construction begins. We will apply for appropriate NPDES if necessary. -.>- H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc Item has been addressed. A copy of the permit and SWPPP shall be submitted to the City prior to construction. 3. All existing utilities within 100 feet of the proposed site are required to be shown including sanitary sewer, manholes, water mains, hydrants, storm sewer, gas, telephone, electric, cable tv, etc. Please verify that the required information is there and they are all labeled properly. Otherwise make a note in legend that none exist within 100 feet of the site. We have shown all utilities that were located as part of the survey completed on the site. It is believed that CA TV is the only utility effected (sic) by this project. We will, of course call for new locates prior to construction. The survey originally completed in 2003 as noted in the plans on sheet C1.1 is over six years old and is outdated and is required to be updated on the plan sheets. Utility quality level must be determined in accordance with guidelines established by the Construction Institute of the American Society of Civil Engineers in document CI/ASCE 38-02 entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." This is consistent with and referenced in Minnesota State Statutes. This utility quality level will need to be addressed in a note on the plans. An updated Gopher State One Call will be required to verify current information. 4. Verify that the design for vehicle traffic (including fire trucks, delivery trucks and garbage trucks) can navigate through the access. This can be submitted on an 11 x17 sheet, which identifies the turning movements for the largest truck that would enter the site. Refer to attached exhibit. Item has been addressed. 5. All through lane transitions I tapers on Crosstown Boulevard must be 50:1 (speed:1), or a curve meeting the 50 mph design speed may be used. Turn lane tapers may be reduced down to 5: 1, but only if that reduction from the standard 15:1 tapers results in improved geometries (ie stacking, thru lane tapers, etc). All tapers must be labeled on the plans. Refer to section 5-3.01.03 in the MnDOT Road Design Manual (attached) for tapers in turn lanes. The plan currently shows speed: 1 tapers for thru lanes and 5:1 tapers as requested. We do, however, reserve the right to make adjustments as the speed study is completed and shorter tapers may be considered. Correctly draw the 50:1 tapers east of the access. They are currently drawn as 30:1. Extend the painted median area to the mid-radii at Bluebird Street. Begin the painted median at the mid-radii on the east side of Bluebird Street. The current speed limit on Crosstown Boulevard is 50 mph based upon an existing speed study. Until a potential new speed limit is addressed by a new speed study, this plan must conform to a 50 mph design. Tapers drawn on the plan are 30:1 and labeled incorrectly as 50:1 on sheet C2.2. Through lane tapers must meet the current design speed, or speed limit, for the roadway. Calculations for the correct taper lengths are included in the markups of the plans on sheet C2.2. A speed study request has been submitted to MnDot. If the project is to be constructed prior to the results of the study the 50 mph design requirements shall be complied with. 6. The concrete "pork chop" median should be extended further to encompass the area depicted with gored striping to further discourage the prohibited eastbound turning movements. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans~~er Clocktower Commons\Courtney2.doc We have extended the pork chop as far as we feel is safe for legal right turns. Without a dedicated merge lane, any further extension challenges visibility for that movement, and does little to prohibit the illegal left turn. The concrete median should be extended west to encompass the area depicted in the plans for gored striping (refer to sheet C3.1). This will reduce the potential for south left turning movements. 7. Need to submit a signing and striping plan, consistent with the Mn MUTCD Manual. Appropriate signage should be included in the concrete median (porkchop), within Andover Clocktower Commons, along the trail, and along Crosstown Boulevard. The City of Andover can fabricate and install signs. Costs associated with this can be discussed once the sign plan is approved. City standard sign specifications are attached. Refer to attached plan. Signs should be rotated on the plan so they are orientated in the direction an approaching vehicles would see them. Refer to the attached red-lined plan set for sign revisions and additions. A "No Left Turn Permitted" sign should be installed internal to the site. Lane use control signs (R3-8) should be used in lieu of the "Left (Right) Lane Must Turn Left" signs. 8. According to the detail provided (sections A-A and B-B), it appears that a proper ditch section cannot be achieved adjacent to the turn lane. Therefore, concrete curb and gutter shall be required along Crosstown Boulevard as identified in the City's Roadway Reconstruction Policy. Concrete curb and gutter shall be B418 or B424. As discussed at the workshop, this is a temporary, minimal solution, and as such we are proposing a bituminous edge replicating the existing condition throughout the affected area. There is currently about 600' of this condition between the proposed drive and Bluebird. We are proposing to reduce this by roughly 2/3rds. In the final buildout, the entire length will be replaced with concrete curb and gutter and storm sewer. Based upon the increase in impervious area tributary to the segment in question from the new turn lane and driveway access, drainage issues will be worse than under existing conditions. Additionally, there is a very high potential for erosion if an earthen "curb" as proposed is constructed. This erosion will increase annual maintenance costs to the City. This also is a worse condition than existing based upon the proposed steepening of the slope between the trail and roadway. Vegetating these "earthen curb" areas can be very difficult. This could lead to sediment being washed into the City's storm sewer system, a violation of the City's NPDES requirements. Projects should improve a situation, not simply replicate an existing problem situation or make it worse. French drains, as shown on sheet C3.1, are typically used when there are no other reasonable options to handle storm water. Storm water could be handled with the existing storm water basin behind the post office by installing a short storm sewer pipe between the proposed french drain and the existing storm sewer stub to the north. This would also allow for positive storm drainage from this area, reducing the potential for storm water backing up and flowing onto Crosstown Boulevard. 9. Areas outside of the curb section should include a 1.5' gravel shoulder. Refer to the plan. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc -7- Gravel shoulders are not shown in all locations adjacent to the new bituminous edge as required. They are not identified in the right turn lane or on Crosstown Boulevard west of the access. 10. Cross-sections must be provided along the length of the project at 50' intervals and at all other locations with a significant change in cross-section. Refer to plan. Item has been addressed. 11. The high point in Crosstown Boulevard appears to be approximately 75' east of the access point. Maintain this high point in the turn lane. The cross slopes shown (up to 4.7%) are too steep. The maximum lane slope on the turn lane should not exceed 2.5%. We have reduced the referenced cross slope to 4%, but cannot reduce to 2.5% without considerable added storm sewer costs. In the final condition, concrete curb and gutter and storm sewer will be constructed, and max cross slopes will be 2.5%. In reference to sheet C3.1: Cross slopes steeper than 2.5% are not consistent with the design standards outlined in the MnDOT Road Design Manual (attached for reference). These cross- slopes should be achieved for driver safety. The high point in the road and turn lane do not match (they are currently shown in the plans as being approximately 60' apart). High points in different locations on adjacent lanes cause uneven pavement, which is not recommended. The 0.3% longitudinal slope along the pavement edge of the right turn lane does not meet the minimum standard of 0.5%. Bituminous is extremely difficult to pave at slopes flatter than 0.5% without creating bird baths. If constructed as proposed with flat slopes and no curb or ditch, there will be standing water in this turn lane, which creates maintenance issues and safety (icing) problems for vehicles. If a ditch cannot be achieved in this location, curb and gutter should be installed so appropriate longitudinal and transverse slopes can be constructed to properly drain the roadway and improve safety. Although this deviates from City standards, staff would consider bituminous curb, if acceptable by the City Council. Keep in mind when parcel vacant parcels develops within the Andover Clocktower Commons site a permanent turn lane is required which shall have to follow the concrete curb and gutter standards. A drainage and hydrology report shall be submitted with tributary area maps and calculations for design storm events comparing existing and proposed conditions for the design storm events to verify that this proposed change does not adversely affect the existing drainage system. 12. Existing lane striping west of the access in Crosstown should be showed to ensure that the through lanes in Crosstown Boulevard are correctly transitioned. Speed:1 tapers (or a 50 mph curve) are required. Refer to plan. Item has been addressed. 13. The trail should be tapered in towards Crosstown Boulevard at the access point. This results in one conflict point, or stop condition, for traffic. Refer to the MnDOT Bike Manual for appropriate trail centerline alignments or tapers. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc --ff- After considerable discussion internally we disagree with your direction on this item. While moving the trail as suggested does decrease the number of conflict points at the trail, it also has two considerable disadvantages; one, it moves the pedestrian traffic dangerously close to the vehicle through traffic. More critically, if the end of the pork chop is "chopped up" with ped ramps there will be no effective deterrant to the left movements and no effective safe haven for pedestrians. We ask you to reconsider this direction as we believe it poses a considerable safety concern for pedestrians. Tapering in of pedestrian ramps is consistent with other trail construction projects not only in the City of Andover, but other governmental agencies, to reduce vehicular/pedestrian conflict points. Extension of the pork chop median as shown on sheet C2.2 and discussed in comment 6 above, as well as appropriate signage in the median, should provide a higher level of deterrents for illegal left turning vehicles. In addition, the pork chop will provide a refuge area for pedestrians, where none is provided for if the trail is kept back at the right of way. Moving the ramps up to the mid radii also allows a clear line of sight for vehicles in the right turn lane to see pedestrians prior to turning into the site and having a pedestrian back in the crosswalk. While there is never a perfect answer for pedestrian/vehicular crossings, staff feels the improved visibility and the reduced conflict points associated with constructing the pedestrian ramps at the mid radii outweigh any potential negatives of keeping the trail back at the right of way. 14. The length of the right turn lane into the site is not adequate. Refer to Table 5-3.01A in the MnDOT Road Design Manual for turn lane lengths based upon design speed and exit speed. The distance between Bluebird Street and the proposed access point is approximately 350'. Based on Table 5-3.01A and assuming vehicles make the turn at 25 mph (which is relatively fast), the turn lane length (including taper) should be 382'. Staff's recommendation, based upon existing geometries, is to begin the 5:1 turn lane taper 100' west of the centerline of Bluebird Street. This would create a short tangent segment beyond the Bluebird Street intersection prior to the beginning of the turn lane. This recommendation would result in a turn lane length (including tapers) of approximately 270', which is shorter than the design standard of 382'. This would be acceptable based on the geometric constraints that exist. If a right turn lane shorter than this length is requested, justification must be provided from a registered traffic engineer that a shorter length will function adequately and not result in a decrease in safety for the proposed access and the through lane traffic on Crosstown Boulevard. Per the workshop direction, we have sketched a westbound right turn lane with minimal stopping distance length. In the fina/design, this lane is maximized to fill the available space as previously designed. It is staff's position that a right turn lane as described in the original comments would be "minimal" improvements which is consistent with the City Council workshop direction. The turn lane length as recommended by staff based upon geometric constraints is 30% shorter than the recommended length in standard design manuals. The turn lane depicted in the plans is 55% shorter than design standards would dictate. 15. Concrete pedestrian ramps shall be constructed at the access (include City detail in plans). Truncated domes must be installed in all pedestrian ramps. This is an ADA requirement. Refer to plans. This item has been addressed. 16. Storm sewer should be installed and connected into the existing storm sewer stub provide in the northwest quadrant of Bluebird Street and Crosstown Boulevard. Having a ditch section overflow onto the roadway is not an ideal situation, regardless of existing conditions. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc -1- It is agreed that this condition is not ideal. However, it is a reasonable solution given the constraints. This condition exists for over 800 feet along the same side of Crosstown between Bluebird and Yellowpine. The city even regraded that area to provide additional storage a couple years ago. Clearly the ideal solution there would have been to install an outlet pipe to the adjacent pond, but a reasonable solution was chosen and has been effective ever since. The overflow for both of these basins would be the catch basins at Bluebird and Crosstown. We have additionally proposed a 6' french drain structure to facilitate infiltration. Again, this condition is resolved in the final buildout in this area. If a ditch can be constructed adjacent to the turn lane that would meet the design standards of the ditch section east of Bluebird Street that would be an acceptable solution. Although a french drain would improve infiltration, in this situation there is a better solution. Staff feels this situation warrants a catch basin and short segment of storm sewer pipe to utilize the existing infrastructure {storm sewer and pond} constructed to manage storm water in this area both in the short term and long term. Safety is a concern. French drains tend to freeze up in the winter which will cause icing in the location which on a slow melt will over to the emergency overflow on Bluebird Street. This would cause additional icing on the roadway. French drains also have additional maintenance to ensure that leaves and sediment do not plug the drain. 17. Include a centerline alignment for the roadway with stationing. Assume centerline-centerline with Hanson Boulevard is 0+00. Stationing has been provided as requested. This item has been addressed. 18. The pavement section shall match the existing roadway section of 5" of bituminous over 6" of class 5 aggregate base. The bituminous shall be 1.5" MV3 (C) wear, 1.5" MV3 (C) non-wear, and 2.0" LV3 (B) non-wear. Refer to sheet C3. 1. This item has been addressed. 19. A specification must be prepared and signed by a registered civil engineer. Excerpts from the City of Andover standard specifications can be provided to the developer for use if requested. Specs will be prepared as part of final construction documents on an approved design. We will reference the City of Andover standard specifications. Specifications are required as part of the submittal for minimal quality control and to reference a specification does not meet the requirement. 20. Material testing will be required for the improvements. Materials will be tested during construction observation. This item has been addressed. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc - jtJ-- 21. Plan set needs a title sheet. All plans must include a signature block signed by a registered civil engineer. Signature block has been added, but per Minnesota Law will not be sealed until a for-construction set is issued. There are clearly items needing final approval that will affect design. The plans and specifications must be signed by a registered civil engineer. This has not been completed. The followinQ comments are in reQards to review #1 of the construction plans. and are in addition to those items still outstandinQ from review of the conceptual plan discussed above. 100. Sheet CO.1: Remove staff names and direct contact information from the title sheet. Staff is not sitelutility contacts. 101. Sheet CO.1: Need to add note regarding utility quality level detail for existing utility information. Add a sheet index. 102. Sheet C1.1: Need to sawcut and remove 1 foot of existing bituminous pavement edge along length of project to ensure a clean edge. Also mill 12" along this edge, 1.5" deep, so wear course can overlap the existing bituminous edge. Refer to the detail on sheet C3.1. 103. Sheet C 1.1: Add to note 8 "Traffic Control must conform to the most current edition of the MMUTCD Field Manual." Change name of sheet to "Existing Conditions & Removals". Label Bluebird Street NW. 104. Sheet C2.2: Change "Left Lane Must Turn Right" signs to R3-8 Lane Control signs. Add a sign in the site saying "No Left Turn Permitted". Pavement markings for medians shall be double solid yellow, 4" wide. 105. Sheet C2.2 / C3.1: Extend the pavement widening west of the access so the width from the center median to the edge of bit is 13'. The radii should also be changed. This will prevent additional maintenance at the end of the pavement. 106. Sheet C3.1: The 1.5' gravel shoulder should be depicted adjacent to all proposed pavement. It is only shown east of the proposed turn lane. 107. Sheet C3.1: In the notes section, 100% Standard Proctor Density is required in the upper 3' of subgrade in paved areas. These items shall also be covered in the specifications. 108. Sheet C3.1 : Add detail for curb and gutter for curb adjacent to the right turn lane. 109. Sheet C3.2: The 2' bench adjacent to the trail is not depicted in the cross-sections (refer to detail 713A in the plans). Slopes should begin from the edge of the 2' bench. 110. Sheet C3.2. It appears that water may be trapped between the trail and backslope between sections 5+50 to 6+50. Reverse the cross-slope on the trail, making a smooth rollover transition to avoid a potential drainage issue. 111. Refer to Review #1 plan for additional details and comments. Note: It is a requirement that the developer respond to each of these items in writing when submitting the revised commercial site plan to the City. If you have any questions, feel free to contact David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133 or Jason Law, Assistant City Engineer at (763) 767-5130. H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney2.doc -j I- . NOVEMBER. 2004 ROAD DESIGN MANUAL 4-3(1 ) 4-3.0 TRAVEL LANES 4-3.01 Through Lanes 4-3.01.01 Number The number of travel lanes is determined, in part, through a capacity analysis. The analysis should include an evaluation of traffic types and volumes, traffic composition, lateral clearance, and the availability of economic or environmental constraints may influence the number of lanes. 4-3.01.02 Width Lane width, more so than any other highway element, will greatly influence drivers' safety and comfort. The effect on highway capacity is significant. With all other factors equal, a two-lane highway with 3.0 m (10 ft) lanes will have 77 percent of the capacity of a two-lane highway with 3.6 m (12 ft) lanes. The standard width ofa traffic lane is 3.6 m (12 ft). For highways in areas where right of way is restrictive, with speeds of 50 kmlh (30 mph) or less, and low traffic volumes, lane widths may be reduced slightly. See AASHTO's "A Policy on Geometric Design of Highways and Streets" for details. Right-turn and left-turn lanes should also be 3.6 m (12 ft) wide, although they may be as narrow as 3.0 m (10.0 ft) when right of way is very restrictive. Where vehicle traffic is intended to share outside lanes with bicycle traffic, the designer should increase the widths based on speeds and traffic volumes. Refer to the Bicycle Transportation Planning and Design Guidelines Manual for proper values. 4-3.01.03 Surface Types The selection of surface type is determined by the volume and composition of the traffic, soil characteristics, weather, performance of pavements in the area, the initial cost, and the overall maintenance and service life costs. The pavement design and pavement determination is located in the Geotechnical and Pavement Design Manual. There are three general types of surfaces - high, intermediate, and low. High type surfaces are usually used on higher volume roads. The pavement will have smooth riding qualities and good skid resistance properties in all weather. These surfaces retain their shape and do not ravel at the edges if placed on a stable subgrade. The surface should retain its cross sectional features and adequately support the expected volume and weight of vehicles without fatigue failure. Intermediate type surfaces are used on moderate volume roads. These surfaces range from surface treatments to pavements built to standards only slightly less strict than those for high type surfaces. Low type surfaces are used where traffic volume is light. These surfaces range from surface treated earth roads and stabilized materials to loose surfaces such as earth, shell, crushed stone, or other such material. These pavements have a tendency toward raveling, which reduces the effective width, and require greater steering effort to maintain a correct path. iL: 4-3.01.04 Cross Slopes Surface cross slopes are necessary to facilitate drainage because of the hazardous effects of wet pavements and standing water on pavement. These conditions reduce the friction between tire and pavement and increase the distance needed for stopping. This need must be balanced, however, against the effects of the cross slope on driving comfort and safety. Cross slopes require that drivers continuously steer their vehicles away from the down slope to stay within their lane. Drivers may need to make steering corrections to change between lanes of opposite-direction cross slopes, or experience rollover. On high-type surfaces, steering corrections are minimal if the crown rollover is no more than about 0.04 mlm (0.04 ft/ft). Adequate design rates vary with surface type. Paved surfaces require less cross slope to sufficiently drain than aggregate surfaces. Where two or more travel lanes slope in the same direction on a tangent section, the designer should increase the cross slope of the lanes beyond the first lane by 0.005 mlm (0.005 ftlft) to achieve better drainage. The standard cross slope IS 0.02 mlm (0.02 ftlft), however, on sections where the inplace portions of the project have a slope of 0.015 mlm (0.015 ft/ft), the deSIgner may use 0.015 mlm (0.015 ft/ft) at his or her .. discretion. It may also be necessary to use flatter slopes at intersections to help prevent vehicles from bottoming out. -lz.- ,;.......,. " 4-3(2) ROAD DESIGN MANUAL NOVEMBER. 2004 On multi-lane divided highways, each roadway may be crowned separately or all lanes of each roadway may flow in one direction. The designer should consider the following issues when selecting cross slope direction. 1. A crowned cross section will drain the pavement quicker than a non-crowned cross section, and will minimize the difference between high and low points. This treatment requires drainage design for both sides of the highway, and may complicate at-grade intersection design because of the ups and downs of the cross section. This treatment is most suited for divided highways with wide depressed medians and full or partial control of access. 2. Unless other circumstances govern, the preferred slope is a crowned cross section with drainage away from the crown, even for roadways with raised medians. 3. A unidirectional slope towards the outside edge reduces problems at at-grade intersections, Although it only requires drainage design for one side of each roadway it can create safety problems during freeze-thaw periods. SURF ACE TYPES RANGE IN CROSS SLOPE RATE (m/m) (ftlft) STANDARD VALUE ** HIGH 0.02 0.02 ~+- INTERMEDIATE 0.02 - 0.03 0.02 LOW 0.02 - 0.04 PAVED = 0.02 GRAVEL = 0.04 NORMAL PAVEMENT CROSS SLOPE Table 4-3.01A (Dual Unit) 4-3.02 Auxiliary Lanes An Auxiliary Lane is defined as the portion of the roadway adjoining the traveled way for speed change, turning, storage for turning, weaving, truck climbing, and other purposes supplementary to through-traffic movements including increasing capacity at intersections. The width of an auxiliary lane should equal that of the through lanes. The cross slope of the auxiliary lane should typically be .005 m/m (0.005 ftlft) more than the adjacent through lane, provided that they are on a tangent section and sloping the same direction. Where auxiliary lanes are provided along freeway main lines, a 1.8 to 3.5 m (6 to 11.5 ft) wide shoulder shall be provided. Next to a truck climbing lane, a 1.2 m (4 ft) wide shoulder is acceptable. For tapers and lengths of each type of auxiliary lane, see the appropriate section in this manual. See AASHTO, "A Policy on Geometric Design of Highways and Streets", for more details. -y- 5-3(2) ROAD DESIGN MANUAL (ENGLISH) JUNE, 2000 4. The cross slope on left-turn lanes when the roadway is superelevated should be designed the same as for right-turn lanes. On divided roadways where the roadway slopes away from the median, the left-turning lane would have the same cross slope as the adjacent traffic lane. 5. See Figures 5-3.01A, B, C and D for design details of turn lanes. 5-3.01.03 Typical Length of Turn Lanes (right-turn and left-turn) The typical length of a turn lane is 300 ft of full width lane, plus additional length based on a 180 ft taper section (1:15 taper from a 12 ft wide lane), plus any additional length needed for down grades (see item 4 below). The total length ofthe turn lane can also be based on the sum of the taper length, deceleration length, storage length and downgrade. The turn lane length may be longer or shorter than the typical length as explained in Table 5-3.01A and later in this section. 1. Taper - A divergence angle between 2 and 5 degrees is considered acceptable. Normally, the taper is 1: 15 off tangent sections; which corresponds to a 3.8 degree angle. A shorter taper (as short as 1: 5) may be used where a tu~n lane is on a curve or where greater stora ~ len th is needed. 2. ece eration Length - It is accepted practice to consider that some deceleration (IO mph) occurs in the through lane and to consider the taper as part of the deceleration length. On the other hand, heavy through traffic and hi h speeds .ustif an increase in the deceleration length of turn lanes. In ese cases, it is desirable to provide for all the deceleration within the turn lane Le. not within the roug ane. e ece eration lengths, including the taper are shown in Table 5-3.01A. These lengths assume that no deceleration occurs until the vehicle enters the taper. Lengths are provided for combinations of highway design speed and turning speed, or for the stop condition. The table may be used if appropriate in the judgement ofthe designer or with the recommendation of the District Traffic Engineer. 3. Storage Length A. At Unsignalized Intersections 1. The length should be based on the number ofturning vehicles likely to arrive in an average 2-minute period within the peak hour. 2. As a minimum, space for at least two passenger cars should be provided. 3. Ifmainline traffic contains over 10% trucks, space for at least one car and one truck should be provided. B. At Signalized Intersections 1. The length should be based on 1.5 to 2.0 times the average number of vehicles that would be stored per cycle. The designer should consult with the District Traffic Engineer to determine the storage length at both signalized and unsignalized intersections. 4. Downgrades -When designing a turn lane on a downgrade, additional length should be provided. See Chapter 2, Table 2-5.09B. 5. Table 5-3.01A DECELERATION LENGTHS (INCLUDING TAPERS) FOR TURN LANES FOR DESIGN SPEED OF EXIT CURVE - mph (V) HIGHWAY AVERAGE STOP 15 20 25 30 35 40 45 50 DESIGN RUNNING CONDITIO SPEED, SPEED, N mph mph FOR AVERAGE RUNNING SPEED ON EXIT - mph - (1) 0 14 18 22 26 32 36 40 44 30 28 235 190 171 139 - - - - - 35 32 277 265 253 204 16 136 - - - 40 36 314 308 284 236 193 151 127 - - 45 40 393 381 375 321 292 250 202 155 - ~~ - 50 44 ~ ~ 403 382 370 ~ ~ ~ ~ .;;;;- 55 49 482 476 447 413 390 354 326 267 238 (1) Turning speed for free right-turns. -It./--- . . e . @ , / L A N D F 0 R M . . From Site to Finish . . BOOe Butler Square Tel: 612-252-9070 100 North Sixth Street Fax: 612.252.9077 August 11, 2009 Minneapolis, MN 55403 Web: landform.net J Mr. David Berkowitz . City Engineer City of Andover, MN 1685 Crosstown Boulevard Andover, MN 55304 . RE: Crosstown Drive Access Mr Berkowitz, Please find the attached revised plans for the proposed access on Crosstown Boulevard. It was difficult to address your comments of 7/30/09, as we still appear to interpret the council direction from the workshop differently, and this has a dramatic effect on the design. The revised plans reflect what I believe to be an effective and safe design for today. It addresses the only potential safety concern raised in the traffic study by adding the eastbound dedicated turn lane, and includes a minimal westbound dedicated lane despite the, fact that neither are warranted today. This driveway relieves the conflict points at Bluebird, and helps move traffic into the site away from residential traffic. This is ) clearly an interim solution, similar to those used throughout the city, that will improve the existing condition until sl;lch time as full improvements meet warrants and can be made. Respose to comments: Item #1 We will submit the plans to the watershed for appropriate permits. We have calculated the storage capacity in the existing pond and it is adequate to handle the additional impervious area. Item #2 We will apply for appropriate NPDES if necessary Item #3 , We have shown all utilities that were located as part of the survey completed on the site, It.is believed that CATV IS the only utility effected by this project. We will, of course call for new locates prior to construction. Item #4 - Refer to attached exhibit Item #5 The plan currently shows speed:1 tapersfgr thru lanes and 5:1 tapers as requested. We do, however, reserve the right to make adjustments as the speed study is completed and shorter tapers may be considered. LandformSI,I, SensibtyGreensl,l and Site 10 Finishsll are service marks of Landform Engineering Company. -/5- CD . CD . CD ~ . . Item #6 I We have extended the pork chop as far as we feel is safe for legal right turns. Without a dedicated merge lane, ,any further extension challenges visibility for that movement, and does very little to prohibit the illegal left turn. Item #7 Refer to, attached plan Item #8 As discussed at the workshop, this is a temporary, minimal solution, and as such we are proposing a bituminous edge replicating the existinq condition throughout the affected area. There is currently about 600' of this condition between the proposed drive and Bluebird. We are proposing to reduce this by roughly 2/3rds. In the final buildout, the entire length will be replaced with concrete curb and gutter and storm sewer. Item #9 Refer to plan - Item #10 Refer to plan Item #11 We have reduced the referenced cross slope to 4%, but cannot reduce to 2.5% without considerable added storm sewer costs. In the final condition, concrete curb and storm sewer will be constructed, and max cross slopes will be 2.5% Item #12 Refer to plan - ; Item #13 After considerable discussion internally we disagree with your direction on this item. While moving the trail as suggested does decrease the '1umber of conflict points at the trail, it also has two considerable disadvantages; One, it moves the pedestrian through traffic (which is likely all of that traffic) dangerously close to the vehicle through traffic. More critically, if t"'e end of the pork chop is "chopped up" with ped ramps there will be no effective deterrant to the left movements and no effective safe haven for pedestrians. We ask you reconsider this direction as we believe it poses a considerable safe!y concern for pedestrians. Item #14 Per the workshop direction, we have sketched a westbound right turn lane with minimal stopping distance length. In the final design, this lane is maximized to fill the available space as previously designed. ----' Item #15 Refer to plan Mr. Dave Berkowitz 2 August 11, 2009 --$- , / (I " . . . " " . \ Item #16 It is agreed that this condition is not ideal. However, it is a reasonable solution given the constraints. This condition exists for over 800 feet along the same,side of Crosstown between Bluebird and Yellowpine. The city even regraded that area to provide additional storage a couple years ago. Clearly the ideal solution there would have been to install an outlet pipe to the adjacent pond, but a reasonable solution was chosen and has been effective ever since. The oveiflow for both of these basins would be the catch basins at Bluebird and Crosstown. We have additionally proposed a 6' french drain structure to facilitate infiltration. Again, this condition is resolved in the finql buildout in this area, Item #17 /..... Stationing has been provided as requested. Item #18 -- Refer to sheet C3.1 Item #19 Specs will be prepared as part of final construction documents on an approved design. We will reference City of Andover standard specifications. Item #20 Materials will be tested during construction ob",servation. Item #21 - Signature block has been added, but per Minnesota Law will not be sealed until a for-cof!structionset is '-. issued. There are clearly items needing final approval that will affect. design. I, '"' -. I appreciate the City's efforts in~orking with local property owners and businesses to find ways to be creative in tough economic times. We continue to believe this is an appropriate and safe access today, a viable means for the businesses to continLl,e to survive, and a solution to provide the ideal condition when warranted and appropriate. Pleas call me if you have any additional comments. -,~. / Darren B. Lazan, RLA , " / COPY: Tom Roberts ENCL: Revised Plans Mr. Dave Berkowitz 3 August 11, 2009 -/7--- Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 3 ~e po . .. REVISED PUD DISCUSSION - ANDOVER CLOCKTOWER COMMONS Mr. Dickinson stated at the July 21 st Council meeting the Council expressed a desire to review with the developer, the revised PUD application for Andover Clocktower Commons at the July 23rd workshop. Mr. Dickinson reviewed the supplemental staffreport with the Council. Councilmember Trude stated at the August City Council meeting the applicant wants the Council to approve a three quarters intersection just east of Hanson Boulevard. She did not think the plans would be needed at that time but she thought they needed to move forward with this. She thought there needed to be an amendment to the PUD for a three quarters intersection approximately 600 feet from the intersection. Councilmember Jacobson agreed that everyone wanted a three quarter with a pork chop design and right turn lane. He thought they could resolve the issue of concrete versus painted medians on Crosstown Boulevard. He thought at this point striping would be ok. He also thought the applicant did not want a right turn lane and staff did. He also thought the applicant needed to bend at some point too and that a right turn lane probably is required. Mr. Darren Lazan stated they are not opposed to a right turn lane but wanted to discuss the design of the intersection. He stated that staff took the comma on the pork chop median and extended it out and he felt this aggravated the situation and made the turn more dangerous. Mr. Berkowitz stated they have looked at the design and considered safety as the main issue and felt the raised pork chop and center median is needed on Crosstown Boulevard from a safety standpoint. Mayor Gamache asked with striping would they still have a dedicated left turn lane. Mr. Lazan stated they would. Mayor Gamache asked if they would need to expand the road. Mr. Lazan stated they would not at this time. Mayor Gamache asked how they would accomplish the left turn lane without widening the road because Crosstown Boulevard on the east side is not as wide as Crosstown Boulevard in front of City Hall. Mr. Lazan showed on a map how they wanted the intersection to look and the area of the road that would need to be widened. Mr. Lazan stated they want to try to phase the intersection in when the improvements are needed. They are willing to stage this as development comes. Mr. Berkowitz reviewed the City's plans with the Council explaining that by striping Crosstown -It!~ Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 4 Boulevard it would allow the possibility of a left turn out of the development. The left turning movement is the most dangerous turning movement in a situation like this and that is what a % intersection with medians prevents. Councilmember Trude thought when the entire development builds out they could reevaluate the intersection for changes, Councilmember Knight stated the speed study changes the dynamics also. Mr. Roberts stated he appreciated the Council asking for a speed study and will help to potentially lower the speed. Councilmember Jacobson thought they all agreed with the pork chop in the intersection. The applicant does not want a right turn lane in as shown because it is too long and they do not want the median in the middle of Crosstown. Councilmember Jacobson wanted to know why the applicant did not want a right turn lane going into the development. Mr. Lazan stated they are fine with a right turn lane but did not want the right turn lane to be as long as staff wants it to go and there are also issues for them with storm water drainage and spacing. Councilmember Trude wondered if there is a way to reduce the right turn lane and use the ditch system until the property across the road sold. Mr. Berkowitz stated minimum turn lane requirements are three hundred feet. He stated the City plan shows the right turn lane at approximately one hundred eighty feet in length. The grade is substantially different between the trail and the road making a ditch difficult to construct. Mr. Lazan explained what they would like to do with the turn lane by shortening it and eliminating putting in a curb all the way to Bluebird Street. Mr. Berkowitz stated his recommendation is to make the permanent safety improvements now which include a median on Crosstown and a longer right turn lane because the City will own the road and have to maintain it in the future. Councilmember Trude thought people will already be slowing down at Bluebird Street for that intersection so she did not think they needed as long a right turn lane as being discussed until future development comes in. Mr. Dickinson asked at what point does the City get to channelization on Crosstown Boulevard based on the revised PUD proposal. Mr. Lazan stated it would happen when the Holasek property develops. The Council concurred. Councilmember Knight stated he is troubled because there is paint striping in many places in the City and other cities without problems. Councilmember Jacobson stated he would feel comfortable if the applicant can put in writing that --J1~ Andover City Council Workshop Meeting Minutes - July 23, 2009 Page 5 when they sell either parcel north of Crosstown Boulevard that they will make the permanent improvements, for the full right turn lane. Mr. Berkowitz stated if there is not any hard channelization on Crosstown Boulevard City staff would not support the project Mr. Lazan suggested they bring a plan to staff along with suggested language for the PUD to be presented at the August 5th City Council meeting. Councilmember Jacobson asked if they are still anticipating making improvements this year if everything is approved. Mr. Lazan thought that could be accomplished, since they have the plans ready. 'S ASSESSMENT POLICY MANUAL Mr. Berko . z stated the City Council is requested to discuss the current assessment procedures relative to hign olume roadways (Municipal State Aid Routes) and direct staff on assessment policy procedure change . Councilmember J aco bso thought the only thing they were going to discuss was how they are going to assess people on MSA ro s when there is a high level of traffic. He did not see that in the report and he was thinking maybe tR easiest way to determine this was to look at the ADT's and set a certain number. If they go over t t number they would qualify. Councilmember Trude stated on page 6, Y, under policies related to special assessments, they have comments related to policies, which is wB e the topic could be put in. She thought they should create a new category "MSA High Volume treets which have ADT's in excess of (what ever number staff and Council believes is adequate) e viewed as benefiting the community at large, accordingly the City Council may reduce the total unt assessed to abutting properties or reduce the percentage assessed based on (list criteria; volume, e the street serves in the community, etc.)" She thought this would depend on what role the street se s in the City. Mr. Berkowitz reviewed the items with the Council. The Council discussed how they wanted to assess different areas of tH Councilmember Trude thought their policy should include MSA streets, whic of 1,500 trips per day. Mr. Berkowitz showed a City map with MSA roads on them along with high volume roads. Councilmember Jacobson thought this should be based on a sliding scale, when the percentag of -u- C I T y 0 F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDO , MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . I.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public arks/City Engineer SUBJECT: Consider Awarding Bid/09-11/Water Treatment Plant Building Expansion- Engineering DATE: August 18, 2009 INTRODUCTION The City Council is requested to receive bids and consider awarding the contract for Project 09-11, Water Treatment Plant Building Expansion. DISCUSSION Bids were received on August 3,2009 for the Water Treatment Plant Building Expansion. The first phase consisted of securing the equipment. Bid results for the second phase (Water Treatment Plant Building Expansion) are as follows: Contractor Base Bid Alternate Bid Total Bid (Incl. Alt) Gridor Construction $741,500 ($42,000) $699,500 Municipal Builders, Inc. $777,321 ($40,000) $737,321 Magney Construction, Inc. $808,800 ($37,000) $771,800 Engineer's Estimate (Base Bid) $713,009 Staff has reviewed the bids with SEH (Consulting Engineer) and recommends that the contract be awarded to Gridor Construction for the Total Bid of $699,500. Staff feels to rebid this project could cost time and additional expense. Rebid projects in the past have resulted in higher bid prices. Value engineering will be discussed and worked out with the contractor after the bid is awarded. If the project is rebid it will lead to delays in completion which will lead to loss in savings for operation costs. BUDGET IMPACT The total projectcost for the improvement as identified in the CIP is $930,000. With this bid ($699,500), the settler plates bid ($177,545) and the indirect costs bring the total project to $1,040,000 which exceeds what was identified in the CIP. The project will be funded by Water Revenue Bonds and long term by the Water Enterprise Fund. Water rates have been modified the last several years in anticipation of such improvement needs to the system. Water rates are not anticipated to be impacted by the additional cost for this project. Future water system improvements may need to be moved out a year or two. ACTION REQUIRED The City Council is requested to accept bids and award the contract to Gridor Construction in the amount of $699,500 for Project 09-11, Water Treatment Plant Building Expansion. QectfullY submit1ed, ~0., David D. Berkowitz./ Attach: Resolution cc: Doug Klamerus, SEH CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-11 FOR WATER TREATMENT PLANT BUILDING EXPANSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 054-09, dated Julv 7 , 2009, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate Bid Total Bid (Incl. Alt) Gridor Construction $741,500 ($42,000) $699,500 Municipal Builders, Inc. $777,321 ($40,000) $737,321 Magney Construction, Inc. $808,800 ($37,000) $771,800 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Gridor Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Gridor Construction in the amount of $ 699.500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 18th day of Auqust , 2009 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk 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 September EDA meeting DATE: August 18, 2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the September 1,2009 City Council meeting. DISCUSSION Tentative agenda items for a September EDA meeting have been identified as follows: 1. Progress Report - Bunker Lake Blvd Frontage Road Realignment 2. Discuss Andover Station North Monument Signs 3. Purchase Agreement/Letter of Intent/Progress Review 4. Parkside at Andover Station Update 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 September I, 2009 City Council meeting. '- -....... @ 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: August 18, 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. - Lng\N)j C I T Y o F NDOVE DATE Auqust 18, 2009 ITEMS GIVEN TO THE CITY COUNCIL ~ July 2009 Monthly Building Report ~ Revised PUD/Andover Clocktower Commons PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFF\RHONDAA\AGENDA\CC L1ST.doc 0.- d l tJ9 ##l CITY OF ANDOVER 2009 Monthly Building Report TO: Mayor and City Council FROM: Don Olson JULY BUILDING PERMITS PermitIPlan Tax Total Valuation 9 Residential $ 22,645.19 $. 917.50 $ 23,562.69 $ 1,835,000.00 Single Family 8 20,164.66 I 822.00 20,986.66 1,644,000.00 Septic 1 2,480.53 , 95.50 2,576.03 191,000.00 Townhome - ; - - - I 2 Additions 1,698.51 39.70 1,738.21 79,400.00 - Garages - - - - 1 Basement Finishes 100.00 0.50 100.50 - 1 Commercial Building 199.73 2.81 202.54 5,615.00 - Pole BldgslBams - - - - - Sheds I - - - - 2 Swimming Pools 165.10 2.95 168.05 5,900.00 - Chimney/Stove/Fireplace - - - - 1 Structural Changes 69.25 1.00 70.25 2,000.00 2 Porches 411.01 5.95 416.96 11,900.00 16 Decks 1,640.25 24.70 1,664.95 49,400.00 - Gazebos - - - - - Repair Fire Damage - - - - 25 Re-Roof 1,875.00 12.50 1,887.50 - 16 Siding 1,200.00 8.00 1,208.00 - - Other - - - - - Commercial Plumbing - - - - 3 Commercial Heating 438.85 9.54 448.39 . 18,785.00 2 Commercial Fire Sprinkler 201.25 6.90 208.15 13,520.00 Commercial Utilities - - - - Commercial Grading - - - - 80 Total Building Permits $ 30,644.14 $ 1,032.05 $ 31,676.19 $ 2,021,520.00 PERMITS PermitIPlan Tax Total Fees Collected 80 Building Permits $ 30,644.14 $ 1,032.05 $ 31,676.19 - Ag Building - - - Curb Cut - - - - Demolition - - - 1 Fire Permits 41.25 - 41.25 $ 1,551.80 1 Footing 15.00 0.50 15.50 - Renewal - - - 1 Moving 75.00 - 75.00 38 Heating 3,040.00 19.00 3,059.00 4 Gas Fireplaces 300.00 2.00 302.00 29 Plumbing 1,690.00 14.50 1,704.50 170 Pumping 2,550.00 - 2,550.00 - Septic New - - - 3 Septic Repair 225.00 1.50 226.50 8 Sewer Hook-Up 200.00 - 200.00 8 Water Meter 400.00 - 400.00 - Sewer Change Over/Repair - - - - Water Change Over - - - 8 Sac Retainage Fee 160.00 - 160.00 8 Sewer Admin. Fee 120.00 - 120.00 9 Certificate of Occupancy 90.00 - 90.00 9 License Verification Fee 45.00 - 45.00 - Reinspection Fee - - - 9 Contractor License 450.00 - 450.00 . - Rental License I - - - - Health Authority - - - - - 386 TOTALS $ 40,045.39 $ 1,069.55 41,114.94 $ ,023,071.80 Total Number of Homes YTD 2009 22 TomlNumberofHomesYTD 2008 30 Total Valuation YTDI 2009 $ 6,325,932.00 Total Valuation YTD 2008 $ 26,864,186.29 Total Building Department Revenue YTD 2009 $ 158,819.35 Total Building Department Revenue YTD 2008 $ 387,938.81 f~oVV' (0'('(\ P J~It'\tGJni" August 17, 2009 To Who It May Concern: We are residents in the Meadows of Round Lake neighborhood and dog owners. We walk: our dog on a daily basis and have had two incidents in which the boxer, owned by the residents of 14417 Eldorado St. NW, has come out into the street when we are walking. Both times their dog has not been leashed and has come running out of the yard barking in a way that is not friendly, teeth bared. We have yelled and had to come between the boxer and our dog. We also told the owner of the dog hQth time~ that his <;lOgs need to be leashed.. Thankfully, neither instance resulted in injury to our dog or us. This has not been the case with other dog owners in the neighborhood, however. For this reason, we choose not to walk: our dog in this area of our neighborhood. It is the responsibility of a dog owner to care for their dog, which includes keeping them from causing harm to another person or animal. By leashing this dog or keeping him in a fenced area, this could have possibly been prevented. This was not done and the dog attacked Ms. Ubi's dogs, not once, but several times. If this dog attacks other dogs, is it possible that the dog could also do this to children? I don't know if anyone can answer \ that question with 100% certainty one way or another, but! wouldn't want to chance it. It is our hope that the city will choose to look at this case very carefully and make the best decision to help keep this area safe for all families and their pets. Scott and Sue Halek 14551 Dakota St. NW Andover, MN rTOM OW-n-ey Questionnaire for Neighbors Regarding Henry Nowak Name: Taydem & Scott Wall Address: 4074 146th Ln. NW Andover, MN 55304 Phone Number: 763.323.8547 1) How frequently have you had contact with Henry Nowak? Scott, our boys and I usually go to the Nowak's home at least every other week. We also see him occasionally on .. ,.- ~. walks in the neighborhood. 2) Have you ever witnessed instances where Henry Nowak has bitten a person, pet, or property unprovoked? (Provocation means in response to an act that an adult could reasonably expect a dog to attack or bite.) We have never witnessed Henry bite anyone - person or pet. On occasion, I've walked Henry in the neighborhood and have had no issues with he and other dogs on the route. He is leash trained very well, and always stayed at my side during the walk. 3) Have you ever witnessed instances of Henry Nowak chasing or approaching a person anywhere outside of his owners' property in an apparent attitude of attack? Never. He is always curious and happy to see who is at the door. 4) Have you ever known Henry Nowak to have a tendency to act in a threatening way toward people or pets when unprovoked? Never. We have two little boys and feel no threat from Henry when they play with him during playtime with Chris and Amanda's children. 5) Do you ever feel threatened by Henry Nowak when you encounter him? We don't feel threatened by Henry when we stop by - either planned or unannounced. He loves the attention of new people in the house. .,.... -:._-~ 6) General Statements about Henry's demeanor/disposition: Overall, Henry has a wonderful disposition. When we do have contact with him he behaves well and enjoys the excitement and attention he gets from our children and us. I feel no threat for the safety of my children or myself when we are around him. \: -,,,",- Questionnaire for Neighbors Regarding Henry Nowak Name: .~ Address: /if'/57 51: JII f,(/ . Phone Number: -;t? --:2.;;2"'1_ 1..7"2 -:< . ~.-.-/;.../ --' ./'.---- 1) How frequently have you had contact wit'lenry Nowak? I {7/pr ~ f1er/ (//M 2) Have you ever witnessed instances where Henry Nowak has bitten a person, pet, or property unprovoked? (Provocation means in response to an act that an adult could reasonably expect a dog to attack or bite) A/D 3) Have you ever witnessed instances of Henry Nowak ch,asing or approaching a person anYWhere~Oe of his owners' property in an apparent attitude of attack 4) Have you ever known Henry Nowak to have a tendency to act in a threatening way toward people or peM unprovoked? CJ 5) Do you ever f~eatened by Henry Nowak when you encounter him? .(J 6) General Statements about Henry's demeanor/disposition: - Questionnaire for Neighbors Regarding Henry Nowak Name: David and Derrick Johnson Address: 4150 145th Ave NW Andover, MN 55304 Phone #: 763-300-4608 1. How frequently do you have contact with Henry Nowak? We don't know how old Henry is, however we have lived in the neighborhood for sixteen years. Within the last two and a half years, we have had ri:mltiple contacts with Henry. 2. Have you ever witnessed instances where Henry Nowak has bitten a person, pet, or property unprovoked? (provocation means in response to an act that an adult could reasonably expect a dog to attack or bite). No 3. Have you ever witnessed instances of Henry Nowak chasing or approaching a person anywhere outside of his owners' property in an apparent attitude of attack? We have owned a dog for the past six years. We walk our dog every morning past the Nowak residence. Henry has never approached our dog or us in a threatening manner. In fact, Henry pays little attention to us as we walk by and remains on his property. 4. Have you ever known Henry Nowak to have a tendency to act in a threatening way toward people or pets when unprovoked? No. See response to #3. 5. Do you ever feel threatened by Henry Nowak when you encounter him? Absolutely not. Henry has been nothing but friendly to us. ~.... 6. General statements about Henry Nowak's demeanor/disposition: As mentioned previously, Henry has been nothing but friendly to us. The neighborhood we live in is very active. Therefore, Henry is around many youth and families and is also playful with them. As far ~ our dog is concerned, . Henry has never approached him in a threatening manner: Questionnaire for Neighbors Regarding Henry Nowak . Name: Address: Phone Number: 7(;7:;> ~,=)~ ?:785 1 ) How frequently have you had contact with Henry Nowak? /lJJJV1v 2) Have you ever witnessed instances where Henry Nowak has bitten a person, pet, or property unprovoked? (Provocation means in response to an act that an adult could reasonably expect a dog to attack or bite) rUD 3) Have you ever witnessed instances of Henry Nowak chasing or approaching a person anywhere outside of his owners' property in an apparent attitude of attack 1\)6 4) Have you ever known Henry Nowak to have a tendency to act in a threatening way toward people or pets when unprovoked? JJt> 5) Do you ever feel threatened by Henry Nowak when you encounter him? je)CJ svv?C(1.wr1-~ 6) General Statements about Henry's demeanor/disposition: , +!-tMy i ~ Vn ,C;ZU/J YrY)-Q ~ . II (J) f nbf.l/m", /15~ 'tUj-f!.I/n L . · -HY/YJ ry ~~ wV-L r1 y::.~ lClAAd~:5 I~fu HC/rrr'fS YMd . JVWVv ~ ~t~. _ !:~.. Questionnaire for Neighbors Regarding Henry Nowak Name: Ml te, ;i~,^ ll(}J)~~ {U c":-{l~' T I cJ dJ' . Address: i !'. ~'" (j'{tIt, ,) ~;i"""';. ~) ~ S '" q ic; q Phone Number: lIP ) "- 1 ) How freqUentlY, have YO\u had contact with Henry Nowak? 2) / \/\ (iv \:tt, ~ 1 r- Have you ever witnessed Instances where Henry Nowak has bitten a person, pet, or property unprovoke~? (Provocation means in response to an act that an adult could reasonably expect a dog to attack or bite) N' 0 3) Have you ever witnessed instances of Henry Nowak chasing or approaching a person anywhere outside of his owners' property in an apparent attitude of attack IV'O 4) Have you ever known Henry Nowak to have a tendency to act in a threatening way toward people or pets when unprovoked? 1\/0 5) Do you ever feel threatened by Henry Nowak when you encounter him? f\fO 6) General Statements about Henry's demeanor/disposition: tk- Ii $1 S be. u"- n . I r,u;l3\ 1/\ {; .)Cr J"~~ .'<.' ( / ".( I. /V\1,. ) $ re\(V\Cf2 ~ f \ I J. '. .. I- I U \~ -'- ,- Armstrong Ranch Kennels "A trusted name in pet care since 1926" 8404 I6Ist Avenue N.W.. Anoka, MN 55303.763-427-1777 www.armstrongkennels.com HOURS: Mon. - Fri. 9 AM. to 6 P.M. . Sat. 8 AM. to Noon. Sun. II :30 AM. to 6 P.M. RM # RATE REPORT CARD ,'-, ,_.. .- ... - ." : ,.... '-" PETS NAME ~ HENRY M . BREED 80 X ER AGE 1 OWNERS NAME C H R I S r~ 0 W A r( It> '<Y\o...-rt"'o5 ~6~ 71~ n~n~ ~b~ ~~~ ~3~1 PHONE # / - ~ - c. --"'7 ./ -7' J VET # ;1 W - /..J..J -- ..J . c.: j L u ! 7f1C:'/;-',F-' -;.. ...;.... ...~ 1q ':);", '")1 ~,."::. -:::"=1 "';'t{ ~)I:C~ '";),1.. '"Jr', '::'Rl-A DATE: IN....... ."".'-' OUT ~I~'~( c.... CoO cr.... 1....... l..." c...._ c...w LI '.....;jl~ Personality: 1 = Excellent to Good 2 = Fair 3 = Poor { ~ \ t \ I I { l r 1 ~ :\\\L /.\....A Physical: OK or Problem (.I) C!v... Gc V\<. rith Uv-In--IU' ~ aYL Stool: 1 = No Problem 2 = None 3 = Soft 4 = Diarrhea I I 1 1 I (4 r I Urine: 1= No Problem 2 = None \ \ , \ I \\ I I l , Meals: 1,= All 2= Some 3= None .- I f \J\ I \ \ ~ I Medication (Heartworm, etc.) AM 1/1 PM ~ I~ / ti-L ~()~ /~ r/ 1// ~ //i~V~/~///////V Walk' AM VI PM !/1~1/1~9l( V ~IY /V/I/!/I/I/ 11 D l~ V \l. U X. '"'\0... ~. \ Iml\ortant rem. a.rks:. CHARGES NOTES: (~xplanatlon of any ./ Marks) \\"\ yO l-r~'\N 4" u.-~ \>1\ .. ~. \ ". 1- \ I 'Y",\<k..~ . , '\- \\ ;, _ f--L-- 'iY1 Jh 7 b V,- \/0.. {7 J 'v'ev, '-' \ ~ \ :0 \t-e.~c \ \;'\ Z. \{ Q. f ,,\,... 0 !) OD' TOTAL' ___~ ~ f'EL"! :u C c; j:n:~ r '::; HUT D i': T :~: \ ~ r- tA., Q-. ., ..... -. -.... . or' 'r' .. ''''~ ""'.' ',T"'" '\)f I { 9 \'\\ (( to? ~Lw L}LJb l.J~'J~~!~ ~t"l~J!~~ ~~:) ~ , )"V'TIME {e\\UUfU~ .. _n_. ~~~,~~ .. ~~;~ i~:!? !,~ DN",;:;:;;'/" I E!'~~;~'H. m.' D~::~~~;EF ,"",,:'J!bbU!! FEEDING MEDICATION SPECIAL PICKUP "l-E:t_.EVISrON S~IA(:;!'( # ~ \ ~ U\U ~5 " ~ TOWN & COUNTRY ESTIMATION WORKSHEET . FENCE 8511 Xylon Avenue North. Brooklyn Park, MN 55445-1820 " O~~lli~ ~~~~ www.tcfence.com I VISA. I 1831 ~ CUSTOMER INFORMATION . ~ Name: (->A r I S /t/ ,c;)lA'#\. k Salesperson: I? Ot VI "./'( !J c, fo @ Jr. tl/ ~ Address: I '-IV/ 7 r;;;tlor()(eI~ 91-: A/'-V' Date of Contact: f -J 4-(?? City: "fh/t:7V~,' ~. Date of Quote: Y -/7'~o7 ,r-F1 u 7 Date to Install: :) ~ l..J Phone: Work: 7'1 Vlfo - < KY2.. Terms: )"l/Y. /OV-I--.- L..fOtnee 6'" ~[ f ~ Cell: ? L 5 - <-I '1 t ' Fax: PRICES QUOTED ARE GUARANTEED c. ~ FOR.) 5 DAYS lOB INFORMATION q ~!v. Bib, f.;[ ;;,.,1 t ,;- ~ J / II :J."--,.- , )7 L1NEALFEETOF r(L <If If (' :?r! </14., 2; 7?3 -' ~ END CONNECTIONS J CORNER CONNECfIONS ~ GATES: if y y ~ (k Af Fre. <, j' r '^-'&t {~ -I1!f -/'77 . Mt~ ~ - ~. ~ 1. t.f ::<, j-- ~ C - ?~I / tfl ~ ~ If/I / ~ S-rJ vJ' f 1..::; Lt s I J-e I- / ~~ Ct!>h eVe 1< r, u( o. 7 ~/( r~ /fr, tI 5-< _ r;Q~J- l Of ~ ~ TOTAL SALE DEPOSIT BALANCE DUE AT COMPLETION (NOTE: Utilities, Underground, Property Markers, Penuits, Children, a.nd Location.) 03/2009