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Home My WebLink AboutCC September 1, 2009 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, September 1,2009 Call to Order - 7:00 p.m, Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/18/09 Regular, 8/18/09 Closed) Consent Items 2, Approve Payment of Claims - Finance 3, Accept Resignation/Park Commission Member - Engineering 4, Appoint Park Commission Member - Engineering 5, Accept DNR Fire Wise Grant/09-15/ Andover-Ramsey Pine Tree Management Project - Engineering 6. Rescind Approval of Drainage & Utility Easements/Approve Revised Drainage & Utility Easements/09- 30/15005 & 15019 Eagle Street NW - Engineering 7, Consider Approval Application for Exempt Permit/Minnesota Recreation and Park Foundation- Administration 8, Declare Fire Department Excess Property - Fire 9, Building Repair-Parks/Maintenance Garage - Finanace Discussion Items 10, Consider Time Extension/Timber Trails 2nd Addition Final Plat - Planning 11, Discuss/Adopt 2010 Preliminary Tax Levy - Administration 12, Discuss/Approve 2010 Debt Service Levy Changes - Administration 13, Schedule Hearing Date for 2010 Budget Discussion and Public Comment - Administration 14, Follow Up - Consider Declaring Dangerous Dog - August 18th Discussion - Administration Staff Items 15, Schedule September Workshop - Administration 16, Administrator's Report - Administration Mayor/Council Input Adjournment 19 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: September 1, 2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: August 18, 2009 Regular Meeting August 18, 2009 Closed Session DISCUSSION The minutes are attached for your review, ACTION REQUIRED The City Council is requested to approve the above minutes, Respectfully submitted, 1Y1~~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - AUGUST 18,2009 7 MINUTES 8 9 10 The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, August 18,2009, 7:00 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota, 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Others 21 22 23 PLEDGE OF ALLEGIANCE 24 25 26 RESIDENT FORUM 27 28 No one wished to address the Council. 29 30 AGENDA APPROVAL 31 32 Councilmember Trude asked that Item 3 be moved to discussion for a minor change, 33 34 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above, Motion 35 carried unanimously, 36 37 38 APPROVAL OF MINUTES 39 40 August 5, 2009, Regular Meeting: Correct as amended. 41 42 Councilmember Trude stated on page 2, line 14, the word should be changed to "severally", 43 44 Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above, Motion carried 45 unanimously, 46 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 2 1 2 CONSENT ITEMS 3 4 Item 2 Approval of Claims 5 Item 4 Approve Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW 6 Item 5 Amend Fee Ordinance No. 360 (See Ordinance 387) 7 Item 6 Approve Commercial Refuse/Recycler Hauler License/Lepage & Sons 8 9 10 Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read, Motion carried 11 unanimously, 12 13 14 APPROVE REVISIONS TO ASSESSMENT MANUAL (POLICIES & PROCEDURES 15 GUIDE 16 17 Councilmember Trude stated she wanted to change the last sentence at the bottom of the page, It 18 needs to be rearranged to read", , .in cases where high volume neighborhood streets are 19 assessed, , ," 20 21 Motion by Jacobson, Seconded by Trude, to approve the revisions to the Assessment Manual as 22 shown on the attachment. Motion carried unanimously, 23 24 25 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT 26 27 Investigator Scott Knealing updated the City Council on Law Enforcement Activities within the City 28 in July, 29 30 Mayor Gamache asked ifthere was a fine for inattentive driving and he thought that texting and not 31 paying attention while driving could incur an extra fine if pulled over, Investigator Knealing stated 32 the crime itself is inattentive driving and there are other categories that fall into that. It is a 33 misdemeanor charge, 34 35 Councilmember Trude asked if having a GPS attached to the front ofthe vehicle legal in Minnesota, 36 Investigator Knealing stated as long as it does not obstruct your vision it is legal. Anything hanging 37 from the rear view mirror is an obstruction along with a cracked windshield, 38 39 40 CONSIDER DECLARING DANGEROUS DOG 41 42 Mr. Dickinson stated on February 10,2009 and August 1,2009 a dog left his property and attacked a 43 dog causing injury, 44 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 3 1 Mr, Dickinson reviewed the information with the Council. 2 3 Councilmember Jacobson asked ifthe dog was licensed at the time ofthe incident. Mr, Dickinson 4 stated it was not. Councilmember Jacobson asked if it was licensed now, Mr, Dickinson stated he 5 did not have time to check with the Deputy City Clerk because she is out of the office, 6 7 Ms, Krista UbI clarified that the dog has attacked seven times and she has only called and filed a 8 police report on the last two occasions, She stated incident number five is when he caused bodily 9 harm and she was under the impression that a report was filed at that time which after attack number 10 seven she found out it was not filed appropriately, She indicated she also had a letter from another 11 resident regarding an attack they experienced with the same dog, She felt the dog did not deserve a 12 second chance because the owners have been extremely irresponsible and there have been no 13 apologies and no remorse and no improvement on the dog's part, She asked that the dog be deemed 14 a dangerous dog and be required to comply with all the dangerous dog restrictions, 15 16 Mayor Gamache asked what happened with the last incident. Ms, Krista UbI explained the situation 17 to the Council. 18 19 Councilmember Knight asked if it was true that one incident she got between the dogs to break them 20 up and got bit. Ms. UbI indicated it was but she never reported the incident because she wanted to 21 give them another chance to improve the behavior ofthe dog, Councilmember Knight asked ifthe 22 dog deliberately tried to bite her. Ms, UbI stated she was trying to separate the dogs because the 23 Boxer was clenched onto her dog's neck. 24 25 Councilmember Bukkila asked what injuries were incurred this last time, Ms, Krista UbI stated this 26 last time she was able to strike the dog and the dog jumped back from her dog. 27 28 Mayor Gamache asked for a time period of the seven dog attacks, Ms, Krista UbI reviewed the dates 29 of the incidences with the Council. 30 31 Councilmember Knight asked if any human was attacked or if it was all dog on dog attacks, Ms, 32 Krista UbI stated it was all dog on dog attacks, 33 34 Councilmember Trude asked what her observation is when she brings her dogs for a walk, does she 35 make sure it is safe to leave her property now before walking, Ms, Krista UbI stated that was correct 36 and as a result her Lab is very anxious and nervous around strange dogs and needs to be medicated 37 because he has nightmares, She stated the owners have never been outside when the dog has 38 attacked, 39 40 Ms, Krista UbI stated in incident four the dog was not up-to-date on his vaccinations, 41 42 Councilmember Jacobson stated in the letter Ms, Krista UbI presented to the Council from a 43 neighbor it identifies two incidences indicating the dog barked in a non-friendly way with teeth 44 barred but did not say the dog attacked anyone or any other animal. Ms. UbI stated she was not Regular Andover City Council Meeting Minutes - August 18, 2009 Page 4 1 present at those two incidences but what she was told was the dog came out into the street and the 2 neighbor had to kick the dog to get him out of the way, 3 4 Councilmember Trude stated they received an additional letter from the residence on Dakota Street 5 in Andover about two incidences of the dog leaving the property and confronting the resident and 6 their dog, 7 8 Mr. Chris Nowak, 14417 Eldorado Street NW, stated he has reviewed the items the City sent him 9 and reviewed the claim and believed that the only incident at issue that falls within the definition 10 under Section 5,1, A-I, is incident number four which occurred on February 7, 2009 and was 11 reported on February 10,2009, He stated the other six incidents Ms, UbI named did not result in 12 injury to another animal or person and should not be classified as that. He stated in incident four 13 they felt bad and paid for her dogs vet bill, which was also noted in the police report. He realized he 14 needed to handle his dog's ability to get out ofthe yard and he will be getting a fence, which he has 15 already received a quote for and will be installed tentatively on August 31, 2009, He did not believe 16 his dog met the criteria under Element B of the dangerous dog! cat law. To assert that he has met the 17 criteria based on he said/she said evidence is extremely harsh financially and emotionally to both his 18 family and himself, He stated his dog can be around his children 24 hours a day without supervision 19 along with other children that enter their house and other dogs, He stated he did have letters from 20 neighbors deeming his kind and behaved demeanor and also had a record of the time he was 21 kenneled and they are professionals deeming his behavior, He stated he was on notice with Ms, 22 Ubls' issues with his dog, resolving it from happening going forward and cannot see how their 23 family dog can be deemed dangerous, He stated he regretted this has escalated to this hearing and 24 was embarrassed he had to get neighbors, friends and family involved in this matter. He stated he 25 could not risk not diligently raising a defense in light of the heavy financial and emotional 26 consequences of deeming his dog a dangerous dog for his family and him, 27 28 Councilmember Trude asked what kind offence he got a quote for, Mr, Nowak stated the quote was 29 for either a four-foot galvanized or a four foot vinyl fence but they are actually looking more at a 30 wood fence instead of a galvanized one after talking it over with his wife, 31 32 Councilmember Trude stated from his comments he is saying that the only one that counted was 33 when the victim had to take her dog to the vet to get sewn up so she thought he was kind of denying 34 this incident on August 1, 2009 that his dog went out and attacked her dog and bit at the dog and 35 keeping it from continuing on its walk even though it did not harm the dog, Mr, Nowak stated he 36 was not at the incident but the person that was at the incident has a completely different story than 37 Ms, UbI and could talk to that. 38 39 Councilmember Trude stated the reason he received the letter from the City is because ofthe many 40 incidences that occurred with the dog and he should have received the letter in February 2009 and 41 she thought they can acknowledge what has happened retrospectively and indicated that the dog's 42 behavior is not acceptable in the community, People in the neighborhood should not feel like they 43 cannot use the streets for walking because of fear that his dog will come out and attack them and she 44 wondered if Mr, Nowak felt this was excusable, Mr, Nowak stated he was not saying that was Regular Andover City Council Meeting Minutes - August 18, 2009 Page 5 1 excusable but he thought there was a difference between what Ms, UbI feels is an attack and what he 2 feels is an attack. He saw it more as dogs going up to one another and sniffing and the one incidence 3 where the dogs attacked is where there was bodily harm done. 4 5 Councilmember Trude did not feel that an attack is only when skin is broken and do not have to find 6 the attack necessarily involves being attended to by a vet. 7 8 Councilmember Jacobson asked ifthe dog was currently licensed, Mr. Nowak stated the dog was, 9 Councilmember Jacobson asked if the dog was previously licensed, Mr. Nowak stated it was not. 10 Councilmember Jacobson asked why the dog was not previously licensed, Mr, Nowak stated the dog 11 is 1)1z years old and he did not know the City laws in regard to this, 12 13 Councilmember Jacobson asked if a fence is installed in the yard what will prevent the dog from 14 getting out. Mr, Nowak stated the fence is the containment and he truly believed that since the first 15 incidence there have not been any others that have happened since that point. He has rebuilt their 16 deck and the dog is let outside into the back yard instead ofthe front. He stated his father-in-law is 17 the one that let the dog outside the day of the attack and his father-in-law stated when their dog saw 18 the other dog he got excited but did not think he would have left the yard if there would not have 19 been any commotion caused by Ms, UbI. He stated he totally understood her fear but he felt the dog 20 was provoked to leave the yard, 21 22 Councilmember Knight suggested putting a kennel in instead of fencing because it is more secure, 23 Mr, Nowak stated he could do this also, 24 25 Councilmember Jacobson asked if Mr, Nowak has ever been contacted by anybody else in his 26 neighborhood regarding their concern for the dog, Mr. Nowak stated he has not. 27 28 Councilmember Jacobson asked the City Attorney for the legal description of a dangerous dog, City 29 Attorney Baumgartner reviewed the City Ordinance with the Council. 30 31 Mayor Gamache stated fences have a tendency to be left open, especially with children, He 32 explained to Mr, Nowak what he would need to do ifthe dog were labeled a potentially dangerous 33 dog, 34 35 Councilmember Trude stated she wanted to hear the other family members version of what happened 36 on August 1, 2009 and they also have a provision for nuisance dogs and if another one of these 37 incidences was documented with a police report their dog would not have to attack, it would just be 38 declared a nuisance which will allow the City Council to abate the nuisance by requiring them to take 39 the dog out of the City, 40 41 Mr, Nowak read into the record a statement from his father-in-law, Mr. Spike Pouphal, who was at 42 the August incident. 43 44 Councilmember Bukkila stated they are looking at a fairly young dog that is probably hyper and Regular Andover City Council Meeting Minutes - August 18, 2009 Page 6 1 excites easily, She stated the unfortunate thing about a dangerous dog is that ultimately the decision 2 the Council makes impacts the dog, Mr, Nowak has several incidents that should have indicated to 3 him several months ago that he needed to do something to restrain the dog, She was willing to go 4 with a fence option but was concerned with the four-foot height. 5 6 Mayor Gamache asked for clarification from Ms, UbI about the photo that was in the Council packet 7 and wondered if that was from the February 2009 incident. Ms, UbI stated that was correct. 8 9 Councilmember Trude asked ifMs, UbI wanted to comment about the August 1,2009 incident. Ms, 10 UbI stated there was not anyone out with the dog on the August incident. She reviewed the incident 11 with the Council. 12 13 Mayor Gamache stated it seems from the February incident that the owners of both dogs were 14 working on this together which was the first documented case, He stated they do not have to label a 15 dog potentially dangerous before the label it a dangerous dog and legally they could move ahead with 16 the dangerous dog label. They have two reports and there was bodily harm to the dog at one time, 17 He stated in the ordinance it indicates what type of injury and how sever but he was not sure how 18 they would determine that. 19 20 City Attorney Baumgartner stated there has been discussion about bodily harm and in the ordinance 21 and Statute it talks about substantial bodily harm and there is a difference, He reviewed the Statute 22 with the Council indicating it states "Substantial bodily harm means bodily injury which involves a 23 temporary but substantial disfigurement or which causes a temporary but substantial loss or 24 impairment of the function of any bodily member or organ or which causes a fracture of any bodily 25 member, He stated for the Council there are two routes that can be taken in regard to this, one would 26 be to already have it deemed potentially dangerous and then the second incident. The Council has 27 already acknowledged that has not already occurred because the dog has not been deemed potentially 28 dangerous by notification as required by their ordinance so that leaves them to the second option 29 which is the Council's determination whether or not there has been substantial bodily harm which 30 would classify the dog as a dangerous dog, 31 32 Councilmember Trude asked if the focus of the Statute was based on physical injury, City Attorney 33 Baumgartner stated that was correct. 34 35 Councilmember Trude thought this would be a continuing problem with the two dogs because they 36 do not seem to like each other but they still need to look at whether the dog is aggressive to any other 37 animal, 38 39 Councilmember Jacobson asked if they could look at declaring this dog a nuisance and require 40 confining it to a kennel or fenced in yard and if there is another incidence that it automatically need 41 to be removed from the City, City Attorney Baumgartner suggested the Council could declare the 42 dog as potentially dangerous by the letter and by the dog owners concession that he will be putting 43 up a fence to defer a determination of a dangerous dog on the condition that the fence be put up ahd 44 with the understanding that there are two strikes against the dog and a third will require removal. He Regular Andover City Council Meeting Minutes - August 18, 2009 Page 7 1 thought this would be a wise decision on the owner's part, If the Council is struggling with whether 2 or not this fits within the dangerous dog category, he thought this might be middle ground to assure 3 this does not happen again and remind the dog owner of the consequences, 4 5 Councilmember Knight suggested the owner ofthe dog purchase a six foot tall kennel and then let 6 the dog out once a day on a leash because a dog this size will either climb over a four foot fence or 7 dig under a fence, Councilmember Trude did not think the victim would be comfortable seeing the 8 dog outside of the kennel without a leash, Mayor Gamache thought there was an understanding from 9 the dog owner where he would not take the risk of losing the dog, 10 11 Mr, Dickinson stated the dog is declared potentially dangerous and ifthe Council defers on this he 12 asked that some criteria be put on the dog owner. He requested a time frame be put on this, 13 14 Councilmember Trude stated they could defer the motion to allow the owner to install a fence or 15 kennel and can only be outside on a leash and if any of these conditions are violated they would 16 declare the dog a nuisance, Councilmember Bukkila thought the dog would need to be off the 17 property before it would be declared, Councilmember Trude agreed but indicated she did not want to 18 see the dog in the front yard without a leash on, 19 20 Councilmember Jacobson asked why Councilmember Trude would want to wait until another 21 incident to declare the dog a nuisance, Why not declare the dog a nuisance now with the conditions 22 discussed so that if anything else happens the dog can be immediately removed, Councilmember 23 Trude explained the declaration of a nuisance requires them to abate the nuisance by having the dog 24 removed from the City, Councilmember Jacobson stated to abate it would be to have a proper 25 enclosure such as a fence or kennel for the dog and if the dog gets out or is a problem after that then 26 the dog is removed. 27 28 City Attorney Baumgartner stated if they want to declare this dog to be a nuisance they have to go 29 about it in one of two ways, either that the dog has without provocation inflicted substantial bodily 30 harm which gets them back into the determination of whether or not substantial bodily harm has been 31 met. The other way is that the dog engaged in conduct resulting in three or more established 32 violations of this article, They have two established. 33 34 Councilmember Trude did not think they could declare the dog a nuisance because their definition of 35 that requires them to abate a nuisance, They could acknowledge that the dog has been off the 36 property at least two times of record because they have to rely on police reports and photographic 37 evidence, 38 39 Mayor Gamache thought Councilmember Trude may have been on the right track with her motion, 40 41 Motion by Trude, Seconded by Bukkila, to defer a decision about the declaration of the dog being a 42 nuisance which requires abatement according to their City ordinances so long as the dog is not 43 observed off the property or outdoors without a leash. The owner will determine how to best comply 44 with that by either constructing a fence or kennel for the dog to be contained within the yard by Regular Andover City Council Meeting Minutes - August 18, 2009 Page 8 1 September 1,2009, 2 3 Councilmember Knight once again suggested a kennel because a fence will not contain a dog and 4 allows a dog to be very threatening to others, 5 6 Councilmember Trude stated in the future when an officer is called on an issue like this the Council 7 would not want them to be concerned with neighborhood relationships and a citation should be 8 issued, Mr, Dickinson stated the Sheriff s Department has been notified of this and believed the due 9 diligence process is underway now, 10 11 City Attorney Baumgartner asked for a point of clarification, He stated the motion talked about 12 deferring the determination as to whether it is a nuisance now. The notice was for a dangerous dog 13 and if they are going to deter the determination and if it comes back on the Council agenda as a 14 nuisance, if that is what the Council decides to do, the Council then has a different set of alternatives 15 that it can use and he wanted to be sure the Council understands that with a nuisance they have the 16 right to abate the nuisance by either putting the dog down or removing the dog from the City, The 17 alternative is if they want to defer a determination if this is a dangerous dog and should that come 18 back on the Council agenda and the Council deems it a dangerous dog there is different mechanisms 19 that can be put into place such as allowing the dog to remain with the proper enclosure, the insurance 20 policy so he wanted to make sure that the Council is aware that ifthis comes back depending upon 21 what is being deferred tonight will set the options, 22 23 Councilmember Trude indicated she did not state in her motion and wondered if the City Attorney 24 had any advice on which way to go, She wondered if they could leave this open and defer the 25 designation, Mr, Dickinson stated they could defer the determination of dangerous dog because if 26 there is one other instance on this dog it triggers abatement. 27 28 Motion was restated by Trude, Seconded by Bukkila, to defer the decision of determining whether 29 the dog is dangerous which if violated will trigger abatement according to their City ordinances so 30 long as the dog is not observed off the property or outdoors without a leash, The owner will 31 determine how to best comply with that by either constructing a fence or kennel for the dog to be 32 contained within the yard by September 1, 2009, 33 34 Mr. Dickinson stated when the letter of potentially dangerous that goes out rarely do they see these 35 come back to the Council. He noted they have sent out many over the past years, 36 37 Councilmember Jacobson reviewed the motion, 38 39 Councilmember Trude knew this was not what Ms, UbI was looking for but they have to be cautious 40 on how they apply the rules because there are dogs that do not get along with other dogs and then 41 there are some dogs that do not get along with one or two other dogs, She did not think it was at the 42 point where this dog should be destroyed but this will require the owner to control the dog. 43 44 Ms, UbI stated the incidence where the dog did do bodily harm to her dog the officer did not do the Regular Andover City Council Meeting Minutes - August 18, 2009 Page 9 1 due diligence and write up the potentially dangerous dog report which when she phoned the officer 2 the officer told her that the report was written and she trusted that the report was filed properly, Only 3 on August 1,2009 did she know that a dangerous dog report was not filed for the February 2009 4 incident. She indicated to the officer that she did not want a citation but did want a dangerous dog 5 report, The officers' police report was inconclusive, She felt the dog has already caused bodily 6 harm and now attacked again and believed the dog is a dangerous dog, Councilmember Trude stated 7 this will prevent the dog from leaving the property. 8 9 Ms, UbI did not think that the dog deserved a second chance. She recommended a higher fence since 10 a Boxer can jump fairly high, Councilmember Trude stated if a fence is installed she would like the 11 owner to review the plans with someone on staff before getting a permit so there is a comfort level 12 that they are getting a structure that is going to do the job, 13 14 Motion carried unanimously, 15 16 17 PUBLIC HEARING/CONSIDERAMENDMENT TO CUP FOR TIME EXTENSIONIMEADOW 18 CREEK SCHOOL SUBORDINATE CLASSROOM STRUCTURES/3037 BUNKER LAKE BL VD 19 20 Mr, Neumeister stated Meadow Creek School has requested additional time for the existing 21 subordinate classroom structures, No changes to the existing buildings are proposed. 22 23 Mr. Neumeister reviewed the information with the Council. 24 25 Motion by Knight, Seconded by Trude, to open the public hearing. Motion carried unanimously, 26 27 Mr. Shelly Johnson, Meadow Creek School Superintendent, stated they were requesting a two-year 28 extension of the classroom structures, He stated it is something they need and they will be using 29 them, Right now the lease has been extended two years and will be consistent with that. 30 31 Councilmember Jacobson stated in the letter the premise for the extension of the permit is based 32 upon their plans of constructing a new school at 161 st A venue and Tulip Street. He has heard that 33 this is not an option for them anymore, He stated he has heard a number of rumors that the site will 34 not be built on and that they are looking for another site. Mr, Johnson stated he would not have the 35 appropriate background to answer that except based on what he has heard being on the job for three 36 days, it is an option to build on that property and there are other options out there which will be 37 looked at as well. He stated there could also be an option of going back to the church for a third year 38 as far as an extension is concerned so those would be the options he has eyeballed in the short time 39 he has been on board, 40 41 Councilmember Trude asked if they wanted the Council to extend this three years until August 2012, 42 She stated the quality of the portables varies somewhat but there are inspections that occur on a 43 regular basis and they do not require renewals on the ones on school property but these are on church 44 property, She wondered if it would make planning easier to pick a different date since she did not Regular Andover City Council Meeting Minutes - August 18, 2009 Page 10 1 see a problem with the location because this is a large area, Mr, Johnson stated if their procedures 2 and ordinances allow three years they would be grateful for that since it is possible they will have to 3 go to the church and ask for a third year extension, 4 5 Councilmember Trude stated she would like to amend the resolution to extend this for three years to 6 2012 since she has not seen any church or school get things done as fast they hope, She also 7 understood these are inspected on a regular basis, Fire Chief Winkel stated the Fire Marshall tries to 8 get in to inspect the structures as often as they could. 9 10 Councilmember Jacobson stated ifthe school vacates earlier than 2012 he does not want this to be an 11 automatic turn over to the church, they would have to come in and get their own permit since this is 12 granted to the school and not the church, Councilmember Trude stated the underlying property 13 owner is the church, Councilmember Jacobson stated this is to the school. 14 15 Councilmember Trude thought this complicates their ordinance since they are looking at who the 16 underlying property owner is, Councilmember Jacobson stated that would be the church, 17 Councilmember Trude asked if they could grant a CUP to someone who is a subordinate, Mr, 18 Dickinson indicated the school has a valid lease, 19 20 Mr. Neumeister stated there is one other church, Andover Christian Church that has an expiration of 21 2013, This was approved not long ago and thought it was for five years, Councilmember Jacobson 22 stated this was not for a school; it was for a Sunday school. 23 24 Motion by Knight, Seconded by Trude, to close the public hearing, Motion carried unanimously, 25 26 Motion by Trude, Seconded by Knight, to approve the resolution amending the Conditional Use 27 Permit, extending the approval for the subordinate classroom structures for Meadow Creek Christian 28 School, striking the year 2011 and replacing with 2012, August 31, 2012 or upon termination of the 29 lease if earlier. 30 31 Councilmember Jacobson stated on Item seven in the resolution it indicates the Special Use Permit 32 would expire in June 2012 or earlier upon the sale of the premises, That is not accurate; it would not 33 be upon the sale but upon the termination of the lease, because they are in a lease and cannot sell the 34 property , 35 36 Motion carried unanimously, (See Resolution R063-09) 37 38 39 CONSIDER REVISED PLANNED UNIT DEVELOPMENT/ANDOVER CLOCKTOWER 40 COMMONS/NE CORNER OF HANSON & CROSSTOWN BLVDS NW 41 42 Mr, Dickinson stated this item continues the discussion of a % direct access to Crosstown 43 Boulevard NW for the Andover Clocktower Commons development. 44 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 11 1 Mr, Dickinson reviewed the information with the Council. 2 3 Councilmember Jacobson asked if they took items 14 and 16, deleted them and did not put in a 4 right turn lane, would the questions go away. Mr, Berkowitz stated he would not advise that for 5 safety concerns, they felt a right turn lane is necessary. 6 7 Mayor Gamache thought there needed to be a right turn lane with the speed limit at 50 mph, 8 Councilmember Trude stated they have the traffic speed study in progress and the school 9 crossing guards would like to have the speed limit lowered in that area, She wondered if they 10 could change the speed limit based on the new State Law, 11 12 Mr, Berkowitz explained he sat on the speed limit task force and what the determination of the 13 task force was, Mr, Dickinson thought the spacing had to be at three hundred for at least a 14 quarter mile, Mr, Berkowitz stated that was correct and they do have residences periodically 15 throughout that section but would not meet the criteria, 16 17 Councilmember Knight asked if the school would meet the criteria, Mr. Berkowitz stated it 18 would not because they are talking about rural residential roadways, 19 20 Councilmember Trude asked to have City Attorney Baumgartner to look into the language of the 21 new law, 22 23 Councilmember Jacobson stated only items 14 and 16 are the only two items the two groups do 24 not agree upon. Mr. Dickinson stated that was correct in respect to the engineering report, 25 Councilmember Jacobson thought everything else was agreeable to everyone, Mr. Berkowitz 26 stated that was correct and they would support bituminous curb in this situation to help the issue 27 between the trail and right turn lane, if that is acceptable by the City Council since it deviates 28 from the City policy, 29 30 Councilmember Jacobson asked how far apart the two parties in agreement on the two issues are, 31 Mr. Berkowitz stated the applicant's proposal on the right turn lane is a total of 170 feet, which 32 includes the turn lane plus the taper, City staff is proposing 270 feet, which is less than the 33 standard in the roadway design manual but because of the constraints in the geometries fit within 34 that location. The other item is the stormwater; the applicant has proposed to pick that up with 35 the French drain which is a hole with rock in there that will speed up the infiltration rate of the 36 water, The concern the City staffhas is that it is a shallow ditch and French drains in their 37 experience are the last resort when there is no other feasible option, The concern they have is 38 that in freeze/thaw conditions the water will freeze, pool up and make its way to the emergency 39 overflow which is on Bluebird Street which can cause icing and maintenance problems in that 40 location, 41 42 Councilmember Trude asked if the turn lane is shortened to the 170 then does the drainage 43 problem disappear or not as difficult. Mr, Berkowitz stated it exists in both conditions, 44 Councilmember Trude stated if they do not have a turn lane then they do not have a storm Regular Andover City Council Meeting Minutes - August 18, 2009 Page 12 1 problem, Mr. Berkowitz stated there will still be storm water and the opportunity to correct the 2 situation is there, 3 4 Councilmember Trude asked ifthere was already a defect in the ditch system, Mr, Berkowitz 5 stated right now there is no ditch system in that location and whenever they make improvements 6 they do whatever they can to make it right. 7 8 Councilmember Trude stated if they go with the 170-foot right turn lane there is still the 9 complication and there is not a temporary or interim fix other than connecting the storm sewer all 10 the way under Bluebird Street to that pond, Mr, Berkowitz stated that would not be correct, 11 There is an existing stub off of Bluebird Street and they would look at that connection instead of 12 the French drain, 13 14 The Council reviewed with staff how they can correct the water problem with the ditch, 15 16 Councilmember Trude stated she did not have a problem with a shorter turn lane and she would 17 not have a problem if they just stripe the road that it was straight or a right turn off the road if it is 18 just going to get more complicated, Councilmember Knight stated he would not have a problem 19 with that either, Councilmember Jacobson wondered what the applicant had to say about the two 20 items, 21 22 Mr. Darren Lazan, BDT Holdings, stated they have two issues which one can be easily resolved, 23 He stated deficient conditions exist today and there is no curb there, there is no ditch there, The 24 water runs to the catch basin around the comer and what they have proposed is to improve that 25 condition to what they see constructed immediately west of there which is a ditch section with no 26 outlet. All the area between Bluebird Street and the end of the pond is a ditch section with no 27 outlet. 28 29 Mr. Lazan reviewed with the Council their plans for the right turn lane and storm sewer 30 improvements they are proposing to make, 31 32 Mr, Lazan stated in regards to the surety the City is holding their certificate of occupancy on that 33 entire improvement and he would argue that this is adequate surety, 34 35 Mayor Gamache asked what they are currently holding for a surety on the project. Mr. Dickinson 36 stated for the initial project, developer installed improvements is based on the value of the project 37 and security needed on the project would be 105%, He stated they are not holding any security at 38 this point. 39 40 Mr, Dickinson reviewed what City staff is asking for security for the project. The Council 41 discussed the issue of security for the project. 42 43 Councilmember Jacobson asked if this was interim/temporary and when they sell one ofthe two 44 lots they have to go to a permanent solution, he assumed the applicant and the City Engineer Regular Andover City Council Meeting Minutes - August 18, 2009 Page 13 1 have looked at the permanent solution and did not have any major problems with whatever that is 2 going to be, He asked if they were really looking at this interim solution for a very brief time 3 because he wondered if one of the lots was getting ready to be sold, Mr. Lazan stated they did 4 not have any plans to sell either of the lots at this time and have not had any offers to date, 5 6 Mr, Lazan stated a staged surety is what this project has today in place, They provide sureties as 7 each of the lots come in for development. He stated this was uniquely set up and would be very 8 consistent with what exists today in the PUD, To ask them to post both the interim and the final 9 in today's banking climate is asking them to build the final. 10 11 Councilmember Jacobson stated in any PUD the City bends the rules and makes unique 12 circumstances and for the ability to do that the City usually asks for something in return, In this 13 particular case what are they getting in return for bending the rules. Mr, Lazan stated what was 14 provided for this project in the way of design, landscape architecture, islands in the parking lot, 15 lighting standards, all those pieces are far beyond City code and he thought if they looked at the 16 project in aggregate he thought the City still received more than what was given in terms of 17 flexibility, The only deviation in the original PUD was zero lot lines and a very small setback at 18 the McDonald's drive thru, They did not take a lot from the original PUD, 19 20 Councilmember Bukkila asked what the total cost difference was between the two, Mr, Lazan 21 stated it was around $30,000, Councilmember Bukkila asked what they were looking at as far as 22 big picture and the potential for their businesses and what is their return for the new access, Mr. 23 Lazan stated this is not as easily quantified as the rest of the development. Certainly another 24 access benefits businesses and will add percentages, 25 26 Councilmember Trude stated on the plans they were given were dated August 10, 2009 and on 27 these plans did they have the deals that were worked out as of Friday, August 14,2009, Mr. 28 Lazan stated they did not. There was a thirty-one item list that staff made in response to those 29 plans and he and Mr, Berkowitz went through them and whittled them down to three or four 30 items, Those plans need to be revised again to pick up the twenty revisions. 31 32 Councilmember Trude asked if the Council were to approve the plans submitted and dated with 33 the revisions agreed to as required by the City Engineer in the meeting you had through August 34 18,2009 then that would put the applicant in the driver's seat with the length of turn lane and the 35 storm sewer and she wondered if the applicants Engineer would sign the plans, Mr, Lazan stated 36 they would have to go back and look at some of the items that came up during the discussion 37 with Mr. Berkowitz but he believed their engineer would sign them, 38 39 Mr, Lazan stated what they are proposing is not ideal and he agreed with the City Engineer but 40 felt it was better than what currently exists there, Councilmember Trude wondered if they should 41 just put a stripe straight/right turn arrow on the road until business picks up since there is not 42 much traffic going in there now, Mr. Lazan stated it would certainly alleviate the storm 43 curve/cross load issues that are remaining. 44 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 14 1 Mr, Dickinson stated the issues are the drainage issue and the turn lane length, He suggested 2 they could vote individually on these issues whether they want them in the resolution or not. The 3 other issue is the security requirements, 4 5 Mayor Gamache stated this proposal he was not really in favor of from day one but he thought 6 City staff has provided the Council with their professional advice on what the project should be 7 and obviously they are now looking at something less than what was originally advised, The 8 three quarter intersection without the concrete median was the major issue and it does not meet 9 the standards they have set as a policy. Mr, Dickinson has indicated that the Council must have 10 the security issue addressed and he thought what they were looking on the three standards, item 11 11 was allowing the bituminous curb which is against their policy, The tapering involves 12 looking not only at the length of the right turn lane which they do not have a reduced speed limit 13 at this time which is also going against policy and then they have the storm water issue which can 14 be fixed if they do not do anything and just have a right turn off the road, He knows it was 15 mentioned that these changes will make things more marketable but it does not seem to be 16 something in 2010 there will be development so long term on this project this does not seem to 17 help except to help some of the businesses over there, He is not sure if this is necessary now, 18 His suggestion would be to give them access off the road when they develop lot 3 and lot 4 of 19 block 1 and then they can get all the proper improvements done to their roadway at that time 20 instead of a make shift project right now since this will probably not bring a new business into 21 the site. 22 23 Mayor Gamache indicated he did not like this and thought they were setting a precedent for 24 future commercial development that is in the City and he was not willing to do that today, 25 26 Mr. Lazan explained the reason why they needed this entrance for their existing businesses to 27 survive in the current economy, 28 29 Councilmember Knight asked what other items would go against City policy, Mr, Berkowitz 30 explained some of the items such as a shortened right turn lane to the Council, which was 31 discussed, 32 33 Motion by Trude to approve the resolution to approve the amendment to the approved PUD, 34 35 Mayor Gamache asked what about the points that are outstanding, 36 37 Councilmember Trude indicated they would work their way through it. On the Resolution it says 38 "Now Therefore It Be Resolved" should state "The City Council, the City of Andover hereby 39 approves the proposed amendment and on item one design and construction of the interim 40 intersection improvements shall conform to the commercial site plan submitted by Clocktower 41 Commons dated August 10, 2009 with all the revisions agreed to in discussions with City 42 engineers staff as of August 18,2009," Item two stays as is, which are the development contract 43 and the financial security, Item three they need to insert the word permanent in front of 44 improvements and the financial security section, she thought the sentence needs to be changed so Regular Andover City Council Meeting Minutes - August 18, 2009 Page 15 1 that they it reads: The applicant shall provide financial security at the time of permitting of either 2 lot 3 or lot 4 of block 1 for the permanent improvements", 3 4 Mayor Gamache asked if they were removing City Code 1-7-3, Councilmember Trude stated it 5 should read "the financial security as determined by City Code 1-7-3 in a form acceptable to the 6 city to guarantee that these improvements will be completed at the time a building permit is 7 approved for Lot 3 or Lot 4 of Block 1." 8 9 Councilmember Trude stated she understood the way she drafted this because they did not have 10 one presented to them that had something they could work from that would go with the shortened 11 right turn lane and the storm sewer improvements that have been agreed to date, 12 13 Mayor Gamache asked if Councilmember Trude is adding on a number 4 condition in regard to 14 the lane, Councilmember Trude stated this was covered by the plans presented to the Council. 15 Mr, Dickinson indicated what will happen is the applicant will submit a modified plan with the 16 improvements on it. 17 18 Councilmember Knight seconded the motion for discussion, 19 20 Councilmember Knight asked if they had a shortened turn lane and at some time in the future 21 after development the change is needed can't they at that point extend the lane, Mr, Berkowitz 22 stated the way it is set up now is the interim improvements would be built now and when a lot is 23 sold the permanent improvement which includes the full turn lane would be done, 24 25 Councilmember Trude wondered if the whereas clause should be a condition because it just 26 clarifies and maybe should read "", of the west bound right turn lane accessing Clocktower 27 Commons as described by the feasibility study of City project file 08-20A at the time lot 3 or lot 28 4, block 1 is built upon," Because they cannot do a permanent full improvement because that 29 would include Mr, Holasek's property, which may never be developed, Mr. Dickinson indicated 30 this would be covered under item three in the Now, Therefore, Be It Resolved that it does 31 identify right turn lane improvements, 32 33 Councilmember Bukkila asked what the liability was going with the shortened interim with 34 deviating from the standards, Councilmember Trude stated it is a discretionary decision, City 35 Attorney Baumgartner stated this is an unknown and anything is possible, What he thought 36 looking forward if there was to be a lawsuit typically what an attorney would do on behalf of his 37 injured client would look to see whether or not there were certain requirements or design 38 standards that are typical or industry standards out there and to see whether or not there is a 39 deviation from those, 40 41 Councilmember Jacobson stated his understanding was they needed to do something tonight. 42 Mr, Dickinson stated they needed to do something or ask for an extension from the applicant. 43 44 Councilmember Jacobson stated when this started out he asked the number of people who asked Regular Andover City Council Meeting Minutes - August 18, 2009 Page 16 1 for the improvement was below the minimum so it brought into question if they needed a simple 2 majority on this vote or sixty percent. Mr. Dickinson stated they just needed the simple majority 3 since it is not a 429, 4 5 Councilmember Jacobson stated when it says in the resolution that this is to be designed and 6 constructed to conform to the recommendations of the engineering department memorandum 7 dated on the 14th, There are two questions in the memorandum that they do not agree upon, 8 Councilmember Trude stated she struck that clause in her motion. Mr. Dickinson stated it was 9 changed to accept what was proposed by the applicant. 10 11 Councilmember Jacobson stated other than from the Cities point of view that they are violating 12 some design guidelines does staff see any other problems if the motion were to pass, Mr, 13 Dickinson stated it is reflected in the record the staff recommendations and they are under the 14 PUD process, which provides them with the opportunity to negotiate a development. Absent this 15 process, some of these items relating to code would require a variance and that would likely not 16 be a successful process based on the proving of a hardship, 17 18 The Council, staff and the applicant reviewed the motion, changes and if it was acceptable to 19 everyone. 20 21 Councilmember Trude stated the City Attorney suggested in the resolution under item 1 instead 22 of striking the reference to the engineering memorandum dated August 14, 2009 that they leave 23 that in since it does incorporate all of these pages back and forth between City staff and the other 24 engineers and then omit the ones they would defer to the applicants plan on, 25 26 Councilmember Trude stated in the resolution item 1 should read "Design a construction of the 27 interim intersection improvements shall conform to the recommendations of the Engineering 28 Department memorandum dated August 14, 2009 and follows City policy for developer installed 29 improvements except for on item 11, the Council authorizes bituminous curb, on item 14 the 30 Council accepts that the professional engineer of the developer as far as the length of the turn 31 lane and of item 16 the Council accepts the recommendation of the developers engineer" so then 32 the rest of the recommendations in the memorandum stand. 33 34 Councilmember Knight agreed to the changes, 35 36 Mr, Lazan stated their proposal was to allow the process of establishing the speed limit to 37 determine the taper lengths and staff indicated the speed limit was 50 and needs to be 50, He 38 would like it to be included that if the speed limit were to be lowered he would like to bring the 39 tapers back to not extend through Bluebird Street. 40 41 Councilmember Trude stated she would like to add item 4 to the resolution to read "The 42 subsequent speed study, if the speed limit is reduced that the length of the tapers are reduced," 43 44 Councilmember Bukkila indicated they were already reducing it. Mr, Berkowitz explained what Regular Andover City Council Meeting Minutes - August 18, 2009 Page 17 1 a taper is, 2 3 Councilmember Trude suggested if there was a difficulty in reconciling the resolution with the 4 intention of the Council they authorize the City Attorney to help draft the final resolution to 5 conform to the discussions they have had, Mr. Dickinson indicated he was clear on the intent of 6 the Council and was confident in his notes. 7 8 Motion by Trude, Seconded by Knight, to approve the amended resolution based on discussion 9 from the above minutes, Motion carried 3 ayes, 2 nays (Gamache, Jacobson), (See Resolution 10 R064-09) 11 12 13 CONSIDER A WARDING BID/09-11/WATER TREATMENT PLANT BUILDING EXPANSION 14 15 Mr, Berkowitz stated the City Council is requested to receive bids and consider awarding the 16 contract for Project 09-11, Water Treatment Plant Building Expansion, 17 18 Motion by Jacobson, Seconded by Knight, to accept bids and award the contract to Gridor 19 Construction in the amount of $699,500 for Project 09-11, Water Treatment Plant Building 20 Expansion, Motion carried unanimously, (See Resolution R065-09) 21 22 23 SCHEDULE EDA MEETING 24 25 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 26 6:00 p,m, before the September 1, 2009 City Council meeting, 27 28 Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for September 1,2009 at 29 6:00 p,m, Motion carried unanimously, 30 31 32 ADMINISTRATOR REPORT 33 34 City Administrator Dickinson updated the Council on the administration and city department 35 activities, meeting reminders, and miscellaneous items. 36 37 Mr, Berkowitz updated the Council on engineering activities in the City, 38 39 Mr, Neumeister updated the Council on development activities in the City. 40 41 42 43 MAYOR/COUNCIL INPUT 44 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 18 1 (Firefighter Update) - Councilmember Jacobson stated there was a fire last week which required 2 one of the firefighters to go to the hospital and he wondered what became of that. Mr, Dickinson 3 stated he did not know the full story but the firefighter is fine. 4 5 (Storm Damage) - Councilmember Knight asked if they had any tornado damage in the previous 6 storm, Mr, Dickinson indicated they did not, 7 8 The Council recessed at 9:45 p,m, to the Closed Session to discuss open space negotiations - PID 9 29-32-24-44-0022, 10 11 The Council returned from Closed Session at 10:28 p,m. 12 13 Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously, The meeting 14 adjourned at 10:28 p,m, 15 16 Respectfully submitted, 17 18 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - August 18, 2009 Page 19 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - AUGUST 18, 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .,.",., "'" "."..,....."...,.,.,."",.""", """.""""""", "',""""""'" ,.,.,.,.,.".. 1 RESIDENT FORUM "". ".,.",.""", ""'" ".,., ,...."..."", ".,."""." "., """ "."""""""""""""""",."", ,.. 1 AGENDA APPROV AL",.,."'."'.,.,.""".,.,.."""'..""'."""""."""""""""""""".,."""""."",.","",.. 1 APPROV AL OF MINUTES..,.. ........., ....., ......,........, ...,., ........................ ................,..........,.......,.,.. 1 CONSENT ITEMS """,.""""""""""""""""""."""","""""""""""""""""""""""..""","""."", 2 Approval of Claims""""""""",."."""".",.,."".,.""",.",.""""""""""."""""""",.."""",.",.,.", 2 Approve Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW..,:..............., 2 Amend Fee Ordinance No. 360 (See Ordinance 387)........................................,......................, 2 Approve Commercial Refuse/Recycler Hauler License/Lepage & Sons............................,....., 2 APPROVE REVISIONS TO ASSESSMENT MANUAL (POLICIES & PROCEDURES GUIDE) """""""""""""""""".",."".""",.."",.""",.,.""""""""""""""""""".."""",.",.,., .. 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ................................... 2 CONSIDER DECLARING DANGEROUS DOG ................. .........,.....,.................. ...................... 2 PUBLIC HEARING/CONSIDER AMENDMENT TO CUP FOR TIME EXTENSION/MEADOW CREEK SCHOOL SUBORDINATE CLASSROOM STRUCTURES/3037 BUNKER LAKE BLVD (See Resolution R063-09) ..,............,......... 9 CONSIDER REVISED PLANNED UNIT DEVELOPMENT/ANDOVER CLOCKTOWER COMMONSINE CORNER OF HANSON & CROSSTOWN BL VDS NW (See Resolution R064-09) .",.""""",.""""""",..""""""""."""""""""",..",.""""""""""",."""""""""",." 1 0 CONSIDER AWARDING BID/09-11/W A TER TREATMENT PLANT BUILDING EXPANSION (See Resolution R065-09) ................,...................................,......................, 17 SCHEDULE EDA MEETING", "",.."",.,.", "..."".", "., """."".""" """" '" "."",.,.,.",..'"""""" "., 17 ADMINISTRATOR REPORT........,.. ....,.... ....., ............' .........,.............. ..,..... ...... ......, ............,.... 17 MA YOR/COUNCIL INPUT ........,..,.. ...................................,.......... ...................... ............, ........, 17 Firefighter Update""."", ,.",."""""""""""""""""""""""""""."""""""""",.""".",.,.",.""" 18 Storm Damage.,.,.""."""""""""""""""".",.."",.."""".."""""""""""""".,.,.",."""""".",." 18 ADJOURNMENT""""""""".,.,.,.,..."""""""",................. ,."".",.""""""""""""""""""""""", 18 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: September 1,2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business ofthe City of Andover, DISCUSSION Claims totaling $315,926.60 on disbursement edit list #1- 2 from 08/25/09 - 08/28/09 have been issued and released, Claims totaling $300,644.92 on disbursement edit list #3 dated 09/01/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects, ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $616,571.52. Please note that Council Meeting minutes will be used as documented approval. 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'+=1.. ~;...;E ;...; ;...;~~ ;...;&i ;...;~ 0 , .,. ..0 13 ..... 0 goo ~ ~ 0 ...... 0 0 U ~ ;...;_ o"O~ "0 "0\0\0 "O~ "ON I ~ 0 1A .5 >- \3 ;>-. \3 \3 0 0 \3 0 \3 ...... Po, ~U ~P:; ~ >~ > >~~ >8 >~ ~ @ C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator rks/City Enginee~~ David D. Berkowitz, Director of Public FROM: Todd J. Haas, Asst. Director of Public Works SUBJECT: Accept Resignation/Park Commission Member - Engineering DATE: September 1, 2009 INTRODUCTION This item is in regard to the resignation of a Park & Recreation Commissioner, Mark Lindell. DISCUSSION Commissioner Lindell has moved to Anoka and therefore can no longer serve on the Commission therefore he has offered his resignation (see attached e-mail). ACTION REQUIRED The City Council is requested to accept the resignation of Mark Lindell effective immediately. Respectfully submitted, ~~ Todd J. Haas Attachment: Resignation E-Mail Page 1 of3 Todd Haas From: Mark Lindell [mark.gonzo.lindell@hotmail.com] Sent: Thursday, August 20, 20092:25 PM To: Todd Haas Cc: James Dickinson Subject: RE: 8/20/09 Todd, Thanks for getting back to me before we take off. Although the news is not want I wanted to hear, I felt I had to at least inquire regarding residency. It has been a pleasure to serve with you and the board. Please convey my appreciation to those on the Park board tonight when you see them. If there is anything more you need from me, please do not hesitate to contact. I will drop off the packet and handbook at City Hall to your attention. Again, I really wish the circumstances were different, but I felt I had to be honest. Thanks to all of you! Tight Lines! Sincerely, Mark F. Lindell Subject: RE: 8/20/09 Date: Thu, 20 Aug 2009 13:31:02 -0500 From: THaas@ci.andover.mn.us To: mark.gonzo.lindell@hotmail.com CC: JDickinson@ci.andover.mn.us Mark; Once you are no longer a Andover resident or have moved out of the city, you cannot serve on the Park Commission which means you will not be able to participate in tonight's Commission meeting or in any others in the future meeting. I will bring this back to the City Council to let them know and to appoint your replacement. Sorry for the bad news but this is requirement that you must be a resident to serve on the Commission. Todd Fr m: Mark Lindell [mailto:mark.gonzo.lindell@hotmail.com] Sent: Thursday, August 20, 2009 12:44 PM To: Todd Haas Subject: FW: 8/20/09 For some reason this -got bounced back when I sent it from my work email. 8/21/2009 @ 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 TO: Mayor and Council Members CC: Jim Dickinson, City Administrator ~ David D. Berkowitz, City Engineer ~ FROM: Todd J. Haas, Parks Coordinator SUBJECT: Appoint Park & Recreation Commission Member - Engineering DATE: September I, 2009 INTRODUCTION This item is in regard to appointing a Park & Recreation Commissioner due to the resignation of Mark Lindell. DISCUSSION If the City Council recalls, if one of the Commissioners were unable to complete their term during 2000, the alternate, Shawn Van Vark, would be appointed to do so. Mr. Van Vark interviewed with the City Council this past January. Note: Staff has been in contact with Mr. Van Vark and he has indicated that he is willing to serve on the Commission. The other option the City Council has is to leave the position vacant until the end of the year when the City will be soliciting residents to apply for two terms that will be expiring. ACTION REQUIRED The City Council is requested to appoint Shawn Van Vark to the Park & Recreation Commission. The term would expire on December 31, 2011. Respectfully submitted, /~.(~ Todd J. H s cc: Ted Butler, Park Commission Chair Rhonda Anderson From: Van Vark, Shaun [VanVark.Shaun@principal.com] Sent: Monday, August 24, 2009 7:56 AM To: Todd Haas Cc: Rhonda Anderson Subject: RE: Park Commission vacancy I would like to fill this position Thanks Shaun Van Vark From: Todd Haas [mailto:THaas@ci.andover.mn.us] Sent: Friday, August 21, 2009 11:15 AM To: Van Vark, Shaun Cc: Rhonda Anderson Subject: Park Commission vacancy Shaun; As discussed with you over the phone, one of the Park Commissioners has resigned from the Commission. Since you are first alternate, are you still interested in filling the term which will expire at the end of 2011? Please respond back to Rhonda, our secretary, early next week if you can. Thanks. Todd J. Haas, EfT Assistant Public Works Director/Parks Coordinator City Of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 , 763-767-5131 thaas@cLandover.mn.us -----Message Oisclaimer----- This e-mail message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply email to Connect@principal.com and delete or destroy all copies of the original message and attachments thereto. Email sent to or from the Principal Financial Group or any of its member companies may be retained as required by law or regulation. Nothing in this message is intended to constitute an Electronic signature for purposes of the Uniform Electronic Transactions Act (UETA) or the Electronic Signatures in Global and National Commerce Act ("E-Sign" ) unless a specific statement to the contrary is included in this message. While this communication may be used to promote or market a transaction or an idea that is discussed in the publication, it is intended to provide 1 general information about the subject matter covered and is provided with the understanding that The Principal is not rendering legal, accounting, or tax advice. It is not a marketed opinion and may not be used to avoid penalties under the Internal Revenue Code. You should consult with appropriate counselor other advisors on all matters pertaining to legal, tax, or accounting obligations and requirements. 2 C I T Y 0 F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US To: Mayor and Council Members ~ cc: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks/City Engineer ~ From: Kameron Kytonen, Natural Resources Technician Subject: Accept DNR FireWise Grant /09-15/Andover/Ramsey Pine Tree Management Project - Engineering Date: September 1, 2009 INTRODUCTION The City Council is requested to accept a FireWise grant through the Minnesota Department of Natural Resources (DNR) to help facilitate a joint Andover/Ramsey pine removal and disposal project. DISCUSSION Pine trees have been subjected to many different stressors in the Anoka sandplain area, including but not limited to hail damage, drought, over-competition, European pine sawfly and pine bark beetle. Thus, many trees are now dead, dying or under considerable stress. These standing trees pose a greater threat for spreading wildfires and may provide suitable breeding habitat for dangerous insects, thereby increasing the chance of insects and diseases spreading to healthy trees. Staff has been working with the City of Ramsey and the DNR on mapping these areas. An aerial flyover occurred in late January and areas have been evaluated on the ground. Based on the evaluation, staff determined there are enough areas between the two communities to apply for grant funds to help property owners remove and dispose of high-risk trees. Staff has been planning a workshop for applicable property owners and is seeking interested vendors. A grant will help property owners pay for the removals. BUDGET IMP ACT The estimated total cost of the project is $17,000. The grant is in the amount of $8,500, which will be used to pay the vendor. The grant request will be matched through in-kind services, which includes time spent on the project by the Natural Resources Technician, City of Ramsey staff and property owners. ACTION REQUESTED It is requested that the City Council accept the FireWise grant. I lJ-"P !fully S: /' ameron K ne Natural Resources Technician (J) 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: Rescind Approval of Drainage & Utility Easements/Approve Revised Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW - Engineering DATE: September 1, 2009 INTRODUCTION The City Council is requested to rescind the previously approved drainage and utility easements and approve the revised drainage and utility easements for Project 09-30, 15005 & 15019 Eagle Street NW. DISCUSSION The drainage and utility easements for the above subject project were approved by the City Council on August 18, 2009 at the regular scheduled City Council meeting. Since that time it has been determined that there is an error in the legal descriptions on the easement documents for each property. The legal descriptions and easement documents have been revised and are attached for your review. BUDGET IMPACT 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 rescind the previously approved drainage and utility easements and approve the revised drainage & utility easements for Project 09-30, 15005 & 15019 Eagle Street NW. Respectfully submitted, (Z2'A_:I2~O. David D. Berkowitz Attachments: Easement Document~ Easement Drawing~ cc: Scott Maciej, 15005 Eagle St. NW, Andover ElRoy & Sandra Froiland, 15019 Eagle St. NW, Andover PERMANENT DRAINAGE AND UTILITY EASEMENT 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 2, WINSLOW HILLS, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southeast comer of said Lot 2; thence westerly along the south line of said Lot 2 a distance of 115.00 feet; thence northwesterly to a point on the west line of said Lot 2 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 shortened to terminate on the west and east lines of said Lot 2. PIN 23-32-24-33-0046 (15019 Eagle Street NW) 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 they 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 appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of August, 2009. By: ElRoy W. Froiland By: Sandra Ann Froiland Total Consideration: One and 001100 Dollars ($1.00). State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of August, 2009, by ElRoy W. 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 above written. Notary Public NOTARIAL STAMP OR SEAL (OR OlHER 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 THIS INSTRUMENT WAS DRAFTED BY: By: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: (763) 427-8877 2 ~__~__8 Ul I Ul 0> . tJ ~ W d LL I 0 +' ;< 01 :ij ~..Jot! ~ 0 ~ ~ O:i~ ~ g-:' it N ;:.c > Ul "' Ul . - ~ X O. o ~ g;J:;; ~ II ~ w u ~ W .- en r--- c( C ~ >, II II II J: ~ +'::;<( '" := 0> " u J. ~.....- :5 _'~ ~ Z ~ EO .I(l ~ 1i Ii: 'i! 0) >. Ol ",1!:il ,- ;< (f)+,0 <ll :g""O 9 0 U ;;;. (Jl "_,, Ul W '" o "0 li :g :;;; "- .!; "E Cl. ;< g:j o ~ ~ e 6 \- 0. ()+, 0. I m o 0 4)C _ 0 u a. 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PERMANENT DRAINAGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Scott Maciej, 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 2, WINSLOW HILLS, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the northeast comer of said Lot 3; thence westerly along the north line of said Lot 3 a distance of 115.00 feet; thence northwesterly to a point on the west line of Lot 2, said Block 2 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 shortened to terminate on the west line of said Lot 2 and east line of said Lot 3. PIN 23-32-24-33-0047 (15005 Eagle Street NW) 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. 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 HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of August, 2009. By: Scott Maciej Total Consideration: One and 00/100 Dollars ($1.00). State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 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. Notary Public 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 & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: (763) 427-8877 ~ ~ OM o ~. ~ c-t- CfJ. _ _ _ '-t t'1'\ _ _ _ _ _ ~ \V EAGLE STREET NW G< 0 S ~ 0 ~1.. Cl) Southwest Corner '-" (.- of Lot 2 ~ t-J " West Line ~ 0 M" <;t I ~t 0 ~O N '" of Lot 2 ------ ~ ~ c-t- 00 '06 OO'Ol ~/ ~ 1.. __ 7--)J-; Q., M C; C; / 70 q; / 0 ~ 1____--------- -7~~-- ~ ~ C3 _ I 5 / / CD ~. ~CDifi / / ~ V :Jo.., ----.~.~ ~ .., ~ I ~ ~. / ~ . 0. C '< :J c-t- .6-0 I -g.g ( o CD (j) .., (j) :J..,~ ~ ~~ ~ 5\ ~ : I c r+ -'r+ :< :r (j)=: CD9:~ I 0;:;: 10 I 5'-1 Q.""W 00)> ,<(0 g'< ro~ oe.~.ll> ""'Q o 0 r+ O-::J D- <e, '" 0 N -, r+:?: \ (j) ~ I 8,~. ~ cu<.Ns Q.~ 9 C(/)(/) O-(/) ",g- 3=005' D- 0 :Jc(/) -0 CD U) 0= ro() <0 ll>'-+o 0.-0 I -3 I -'::J ^D- o:r (j) (j) C 0 (]) OJ D- ll> ::;: iJj' 0 '" S- 0' ..,:<:< ~:J -=- ,'" roN.-.-r" ll> 0 . ~ Ui'~ I jr+ I OJ S- 0 ~ D- g 3= ~]'-'- J2 --0 _. ::r _." 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WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/Minnesota Recreation and Park Foundation DATE: September 1, 2009 INTRODUCTION The Minnesota Recreation and Park Foundation have submitted an application for a raffle at an event they are hosting on September 24,2009 at the Bunker Hills Large Shelter #3, 13481 County Parkway C. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, 1hulu&~ Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page 1 of2 9/08 LG220 Application for Exempt Permit Fee is $50 for each event An exempt permit may be issued to a nonprofit organization that: For Board Use Only _ conducts lawful gambling on five or fewer days, and _ awards less than $50,000 in prizes during a calendar year. Check # $ ORGANIZATION INFORMATION Omanization name Previous gambling permit number l1/ni"li!s()fa RecYt:;rhb'1 :lh( f?1rL rot.(rlda-/l"o~ Type of nonprofit organization. Check one. ~ther nonprofit organization [0] Fraternal I DI Religious [g]Veterans Mailing address City State Zip Code County 200 cAar/es ~I. NE. FhrJ/t!J/ mAl ~-Si3z.. I7/'IDU Name of chief executive officer (CEO) Daytime phone number Email address J2.e.A- /(jyk 7'~. 572. 3S7S kiykj@ c.,'./Y,J/o/-/hI1 . tis Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal 10 employer numbers as they are not proof of nonprofit-status. ~onprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 [Q] IRS income tax exemption [501 (c)] letter in your organization's name. . Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. g IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. I 01 IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMA lION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) BttJ1ke,- fft/~ L;;Y4e .she//tr.H3 Address (do not use PO box) J City Zip Code County / '3~BI Co u j11';'~ .Pal'k. IN?-, C ,4;1do (J CY 55'30)' /I"tokz Date(s) of activity (for raffles, indicate the date of the drawing) ,. 2. 2.. (:) '} to &if. 25'. o&j Check the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo' ~Raffles o Paddlewheels* o Pull-Tabs' DTipboards' * Gambling equipment for pull-tabs, bingo paper, tipboards, and Itlso complete :.1 paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 ofthis form. number selection devices may be borrowed from another organization authorized to conduct bingo. .l :Fill;lrj;&P;H~fF6rm'.1 - To find a licensed distributor, go to www.gcb.state.mn.us and click on List 1::Reset.p0'itril of Licensed Distributors, or call 651-639-4076. LG220 Application for Exempt Permit Page20f2 9/08 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT Iffhegambling premises is within oily limits, lithe gatribtfng pretnisesislocatedin a township, a a city official must check (X) the action that the city is county official must check (X) the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application (unless required by the county), _The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period and allows the Board to issue a permit after '30 days (60 day~ fo~ a 1 st. class city). days. ' _The application IS denied. _The application is denied. . . Print county name Print city name . . .. .' On behalf of the county, I acknowledge this application. On behalf of the ctty, I acknowledge thiS application, Signature of county official receiving application Signature of city official receiving application Title Date~/----1~ (Optional) TOWNSHIP: On behalf of the township, I Title Date I I acknowledge that the organization is applying for exempted gambling - - - activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date --..J--..J_ CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to theJ3..oard within. 30 d< oJ)fte date of our gambling activity. Chief executive officer's signature '\.. ~ ~ ~ L Date 8. 26. 0 '1 Complete a separate application for each gambing activity: J Financial report and recordkeeping - one day of gambling activity, required - two or more consecutive days of gambling activity, A financial report form and instructions will be - each day a raffle drawing is held sent with your permit. Within 30 days of the activity date, complete and return the financial Send application with: a copy of your proof of nonprofit status, report form to the Gambling Control Board. and $50 application fee for each event. Make check payable to . "State of Minnesota." Questlon~?. . Call the LicenSing Seclion of the Gambling T G bl' C t I B d Control Board at 651-639-4076. 0: am Ing on ro oar . 1711 West County Road B, Suite 300 South I" , .'11 ,.... ."'.' I Roseville, MN 55113 Flll-m&p/il1tfqrm Res~tFdrm Data privacy. This form will be made available the ~oa~d will be able to process your Board staff whose work requires access to the in alternative fonnat (I.e. large print, Braille) application. Your name and and your information; Minnesota's Department of Public upon request. The infonnation requested on ?rganiz~tion's name a~d address vnll be public Safety; Attomey General: Commissioners of this form (and any attachments) will be used by II1fonnatlc:n when ~ecelved by !he B?ard. p:1I Administration, Finance, and Revenue; the Gambling Control Board (Board) to the other II1formalion you provide will be pnvate Legislative Auditor, national and international detennine your qualifications to be involved in data until t~e Board issues ~our penni!. When gambling regulatory agencies; anyone pursuant lawful gambling activities in Minnesota. You the Board Issues your pennlt, all of the to court order; otherJndividuals and agencies have the right to refuse to supply the infor.mation provided to the B~rd wm be~me that are specifically authorized by state or information requested; however, if you refuse to public. If the Board does not Issue a pennlt, all federal law to have access to the information' supply this infonnation, the Board may not be inform~tion proVided remains private, ~ith .the individuals and agencies for which law or leg~1 able to determine your qualifications and, as a exception of your nam? an~ youro.rgamz~tlon's order authorizes 8 ,new use or Sharing of consequence, may refuse to issue you a penni!. name and address which will temall1 public. information after this Notice was given; and If you supply the information requested, Private data are available to: Board members, anyone with your consent. )- ~ . , I I I ," .~- ~ /. . - .< "' " J,/ff. ~ K 1115 f. '># i .~- ~ .. t. ~ ., - - '. _l/ .-.- _.:-::-;" (It AU fa IJItam lIItge Jmmts SIIall <<mt. Irutiaf: menu, Artlclc;s of Incorporation, duly signed and ad:nowledged under cath, haw: been recorded in the office of the Sea~My of State, on the _ ~_ d4Y of"" ,A. 0, 19~ lor the Incorpor4tion 01 ; 1i'I_rrn:a ~.... rut ~ .' ---- .- under and in accord.nce with tile proVisions 01 the Minnesota Nonprollt Corporation At1, Minnesota Statutes, Chapter 317; !fOlD. Ihtrtfm, I, Arlen I. Erdahl, Secret~ry 01 State 01 the State of Minnesot., by virtue of the powrrs .nd duties vested in me by I.w, do hereby certify th.t the said -t-,atta ~...s hr'k ro.da1;1ea , .. - ---.-.- ~" Is a legally organized Corporation under the laws of this State. Witn",,! my offici.l signature hereunto sub. scril-.ed and -he Great Se.1 of the St.te 01 Minnesota ( hereunto affixed this ----~~d.y 01 .,... ". in the year 01 our lord ",ne thousand nine hundred and. R'ftlI~ __. 4L 0/. ~_. . ~ --.--.-. ....-. I !..:crettTY of State. I ,",. ... . '", . . ...?.. .. . . .- ,_1.00:;.......,.... ; 'i.:".~;t;~~" " . .~CA\ ~. ..' (f) 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: Dan Winkel, Fire Chief lp). SUBJECT: Declare Fire Department Excess Property DATE: September 1, 2009 INTRODUCTION The City of Andover has recently purchased a new water tender (tanker) and is requesting that the Mayor and City Council declare the old water tender as excess property. The vehicle is a 1991 International Navistar Chassis with custom Alexis body, and has been in service at fire station #3. DISCUSSION The new water tender has now been delivered to Andover and should be in service within the next three to four weeks, or as soon as the fire department has completed the appropriate training with the new truck. This was a scheduled replacement in the Capital Equipment plan which has now created a surplus vehicle for the fire department. The miscellaneous equipment on the old truck will be transferred to the new vehicle as soon as training has been completed thus allowing for the sale of the old truck at that time. BUDGET IMP ACT Staff is recommending that a minimum sale price of $35,000 be advertised as part of the sale of the truck. The vehicle will be listed in the Anoka County Union as well as fire service publications and email lists in Minnesota. If approved by City Council, staff will solicit sealed bids to be received at City Hall no later than September 28, 2009. RECOMMENDATION Staff is recommending to the Mayor and City Council that the 1991 International Navistar truck be declared excess property and also authorizes staff to advertise the truck for sale with sealed bids received by the city no later than September 28,2009. :s..w~;;;; Dan Winkel, Fire Chief ~ q. 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: Building Repair - Parks / Maintenance Garage DATE: September 1, 2009 INTRODUCTION City Council is requested to receive quotes and consider awarding the contract for the repair of the parks / maintenance garage. DISCUSSION During the prep work for the painting of the building, staff noticed that water is protruding. into the concrete panels and causing some major cracking. The cause appears to be the existing base cap that is flat and does not extend behind the metal panels. The water is running down the metal panels and seeping into the concrete at the base cap. A new metal panel with the proper base cap that is extended up behind the new panel and sloped away from the building is needed. Staff is recommending the repair to maintain the integrity of the concrete panels and extend the use of the building into the future. Quotes are as follows: Rosenquist Construction Inc. $25,780 OMNI Construction & Roofing, Inc. $28,350 BUDGET IMP ACT The repair would be funded by the Building Fund Capital Projects Fund. ACTION REQUESTED The Andover City Council is requested to approve the quote from Rosenquist Construction Inc. in the amount of $25,780 for the repair of the parks / maintenance garage. Respectfully submitted, ~75~ Lee Brezinka Attachments: Quotes Pictures 3ROiitnqlt15t ([on.S'trudion]nc. 2514 - 24th A ycnlle South Minneapolis, Minnesota :>~4Q2 Phone(612)724-135~ Roof Maintenance Division June 30, 2008 BID TO: City of Andover RE: Caulking or Metal Panels for the Municipal Public Works ATTN: Ron Scott, Supervisor Mr. Scott We propose the following. - Install Firestone VR-Classlc Omega Metal Panels over the existing metal. The new system will utilize a base flashing that will run up behind the new panels, which will eliminate the need to caulk and prevent any water intrusion at this transition point JLG included in this bid. Labor & Materials for the slim of......................_...._.........."................,........"............... $ 25,78~.OO Please contact me with any questions regarding this bid. Sincerely James Fagin, Supervisor Roof Maintenance Division Built-tip R()'!f'~l'swns .- .':iI/WI.: l'ly Ru<!fzng .~}".<teIlL,- f'Ia:a Waz~rpru<!linl{ S)'Stl://iS.. OM'" . We ,'Jro (//1 Equal Opportunity r:IIlI'''~}X!r c CI t J) ill ~ 'J CO ...~~ 1/1, g' :.E \I) o III It 13 Ql C ~& d)= ~3 ZtB- OMNI CONSTRUCTION & ROOFING! Inc. 422 Elm Ro~d Wyoming, Minnesota 55092- P. 763.502.6g64 M N Lie. 20628676 t'. 763.502.6895 PROPOSAL S.YIMIIIED TO: ~ORK PEREO,-\UJ;P AT: Attn: Ron scott The Municipal Building WtJ hereby prop088 to furnl8h labor $ld tnab:mala AI mat..11$ gl.llVBllteod to bo 88 apecifIed. All work te to COI'!'lplete in aocordar'lC$ with the listed spe(:fbtJon$- be ~ted In _ profell8lonal manner, al'ld iKlOOrdlng to For '"' Me bid SUm of: standard praetlCGG. Any aJWretlon or devfatlon from above ~ fnvt)Mng extra ~lIIiII be 8lI8QJted onty $ 28,350.00 <(It upon written 0fdf/nI end wll ~.., extra ~rge over end abovetha ba56 bid. All ~ can~ upOn ,. Does not InclUde opIjonaI upgrade strIketr aocIdente. weatt'M. or any defayt beyOnd QUr' control. 0wner8 aNt respon." for fire, tomado, $'ld o1hor Wfth the payment to l$ made S8 follOW$.: n~ry ineumrm. Ornotls furry c:ov<<ed by wor1<men's ocirnpenutlOn and generel UabiIItV inaunmces- $ HAlF DOWN $ BALANCE UPON COMPLETION NOTE: Thlf proposal may be withdrawn by IJ$lf. Not accepted within 30 days. ANY ADDITIONAL WORK REQUESTED WILL BE PERFORMED UPON YOUR APPROVAL AND AT A TIME AND MATERIAL RATE. , , , ACCEPTANCE OF PROPOSAl Th above prices, speci1lcatfons and condltloos are sa~ y -,d are hereby ICC8Pted. You 8re authorized to do the wol'k specmed. payment wiU be made a, outlined above. AUTHORIZED SIGNATURE: _" , DATE: ~ .I. ~ " , , ? . ..;,:~JI:,: . .. ,..,.1.' -,'-' --.. - - ...... OMNI CONSTRUCTION & ROOFING, Inc. 422 Elm Road Wyoming, Minnesota 55092 P. 763.502.6864 F. 763.502.6895 MN Lie. 20628678 fROPOSAL S~I3MITTED T9: ~OBIS PERF9RM~p AT: city of Andover City of Andover Attn: Ron Scott Municipal Building (DESCRIPTION OF WORK TO BE PERFORMED) . Install new pre--finiahed flat wall panels over existing metal above pre..east wall. . Top cap and base flashing Included. . We Include scaffolding and man tift as needed. OMNI CONSTRUCTION AND ROOFING. INC. Will do this work. labor and materials complete for the base bid sum of $ 28,350.00 "OPTION: --.,-' ~._.. .._. ......-----..- , ' " \ \ \ \ \ \ \ \ \ \ \ , \\ \ . '\ " ..Q, 08/27/2009 Z(~ . 08/27/2009 @ 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 Will Neumeister, Community Development Director I.~ FROM: Courtney Bednarz, City Plannef SUBJECT: Consider Time Extension/Timber Trails 2nd Addition Final Plat - Planning DATE: September I, 2009 INTRODUCTION The new owner of the proj ect is seeking a time extension to extend the terms of approval of this plat. DISCUSSION The site of the approved Timber Trails 2nd Addition Plat has been purchased by the bank that initially financed the project. Landmark Community Bank met with staff and expressed interest in moving forward with the project as indicated in the attached letter. Background The final plat was approved September 4, 2007. The preliminary and final plat resolutions are attached. State law protects the terms of approval for two years as shown in the attached excerpt of State Statute 462.358. Changes in City Regulations Since Approval The only changes to the City Code that would affect this plat if it expires are the park dedication and trail fees. ACTION REQUESTED The Council is asked to approve the proposed time extension for Timber Trails 2nd Addition. Attachments Proposed Resolution Resolution R123-07 Resolution R099-07 Applicant's Letter State Statute Excerpt Location Map Fi Pat Cc: Kevin Johnson Landmark Community Bank 711 6th Avenue NE P.O. Box 250 Isanti, MN 55040 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . RESNO.R A RESOLUTION GRANTING A ONE YEAR TIME EXTENSION OF THE APPROVED FINAL PLAT FOR TIMBER TRAILS 2ND ADDITION WHEREAS, a final plat for Timber Trails 2nd Addition was approved by the City Council on September 4,2007; and WHEREAS, the subject property has since been purchased by Landmark Community Bank; and WHEREAS, Landmark Community Bank has requested a time extension to complete the approved plat; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby approves a one year time extension to complete Timber Trails 2nd Addition subject to the following: 1. The plat shall be completed in conformance with Resolutions R123-07 and R099-07. 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 2- -. CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO R123-07 A RESOLUTION APPROVING THE FINAL PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part ofthe followilig described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, desc~ibed as follows: That pmi of the East 1584 feet of said South Half of the Northwest Quarter lying South of a line drawn parallel to the North line of said South Half of the Northwest Quarter of Section 5, and distant 770 feet South from said North line, yxcept road, : WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Timber Trails 2nd Addition"; and . WHEREAS, the property owners have presented a final plat of Timper Trails 2nd Addition; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the final plat of Timber Trails 2nd Addition contingent on the following: 1, The plat shall conform to the final plat stamped received by the City of Andover on August 27, 2007 and shall be subject to all ofthe conditions of the Preliminary Plat Resolution 099-07. 2, Approval of the plat is contingent upon staff review and approval for compliance with City ordinances, policies, and guidelines. 3, Plat approval is contingent upon a development agreement acceptable to the City Attorney, A financial guarantee will be required as a part of tbis agreement to assure all of the subdivision improvements will be completed. 4, Prior to recording the final plat for Timber Trails 2nd Addition, the developer shall be required to install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 177th Avenue, or submit a $2,500 escrow with the City for the installation. Adopted by the City Council of the City of Andover tbis 4th day of September, 2007. CITY OF ANDOVER ATTEST: . ~d ./;1' tl /~ '~;?H ..- -J-. I/: " Z4" ',~---4-. ;."'1.A.l"V'~ {. Ifl ~...... Victoria V olk, City Clerk )X,tichael R~amac~e, Mayor -J.,- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO 099-07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRlBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: The east 1584 feet of said northwest quarter lying south of a line parallel with and 770 feet south of the north line of said southwest quarter ofthe northwest quarter; except road and subject to easements of record. And that part of the southeast quarter ofthe northwest quarter of Section 5, Township 32, Range 24, lying south of the north 770 feet thereof, except road and subject to easements of record, Section 14, Township 32, Range 24, Anoka County, Minnesota, WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1, The Preliminary Plat shall address all comments from the Engineering department and Community Development before grading may commence. 2, The Preliminary Plat shall address all comments from the Andover Parks and Recreation Commission as approved by the City Council. 3, The developer shall pay a Park Dedication Fee of$15,090 and also a Trail Fee of $3,672. 4, The developer obtains all necessary permits'from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement tO'assure all of the subdivision improvements will be completed, ~i-~ 7. The developer shall be responsible for improvements to the intersection of Tulip Street (CSAH 58) and the proposed 177th A venue required by the Anoka County Highway Department. 8. Prior to final plat approval the developer shall install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 17fh Avenue. 9, Council retains the right to' . reconsider the traillocatioJ+ at final plat. . Adopted by the City Council of the City of Andover this 3rd day of July, 2007. A(J~ST: ()/IL ~..4.J Victoria V olk, City Clerk -~./ tJ LANDMARK 7116thAvenue NE, P.o. Box 250 14150 St. Francis Blvd NW 1048 Meadowlands Drive Ste 100 Community Bank [santi, MN 55040 Ramsey, MN 55303 White Bear Township, MN 55127 phone 763-444-5528 phone 763-712-1277 phone 651-653-0768 August 24, 2009 RF"'r"r"i' /'-"0 d::'VCI V k:: Mr. Courtney Bednarz, City Planner The City of Andover AUG 2 5 2009 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Jesh plat- Timber Trails 2nd Addition CITY OF ANDOVER Dear Mr. Bednarz: Thank you for taking the time to meet with Landmark Community Bank representatives regarding land that is now owned by our Bank. We have reviewed the plans and specifications regarding the land adjoining 177th and Tulip in Andover. To date, the following has been completed: 1) Landmark Community Bank is now the legal owner of the property; 2) Landmark Community Bank will re-bid the cost of improvements; and 3) Landmark Community Bank will apply for a permit to do the work before September 30, 2009 with a completion date hopefully prior to the snow flying. Landmark Community Bank requests an extension of one year to be approved so that our Bank is given sufficient time to compete the above plan. I would be happy to discuss any questions or concerns on the above. Please call me at 763-444-7785. Thank you for your consideration. r6-- www./andmark-bank.net ~ EW'lfWNl LENDER State Statute Excerpt MINNESOTA STATUTES 2008462.358 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subd. 3c, Effect of subdivision approval. For one year following preliminary approvaland for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application, In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Subd. 4. 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L I A .' 0; - . ~ · I _ _ _: .:' ' ", "- !~;.; ., :;g~ .' r' .- -- -. ~3 ~~ 1 ~ ~ ~ llRil!il : ~,c', - ,'~;; ('''\ ?lfJFi I h ~~ ~ 1> ~ ~ ~ ' ,," y'" ,'10,., I .," -0 0 . " _ I : ->, ,:" /:'fc, , 01 ',' E~ ~ 1~ ~ g 3 ':J- lam ' ' . /.t;;"~ !ell -',. I /,1 "~ ,~g~ oj! -' N ." ~. I' jl tlg .....~ .,J.f {c,,:< .9~~ ~~ ~~ Ij~ 'd I~nl ;;> c: r.; ~!~ !;. ~ ~!~ "'0 Ii! r-:' ,;;:: ~... . . ~1 [~~ -:= ~, ~i ,: Ii 130 ,! ~}~:j'__""m:~~3:~~J ... I; ~tll IiI i ~ !llitl F ~l jl !~ . ~,.'.., !" . . ' ..... " IE'~; ~h ~, :.. '" ~-'''' I _.5! ,'~ l if -?c:::...... c..:' . rS-~~.f.l --___~~,.......,cl..........---=-O.- !.~ " I~~~ ~ 1"'-= """ L~__~_"=~__~~_==~~.~~~,~.___~._._,",,,,.,~,-_~..~w._....,,,~_,_,..^_.~_,,~..~.~~~~,~,,.~__~._,~~_.,,..~~~.~~~..__.,.~_~_~~~ C I T Y 0 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 FROM: Jim Dickinson, City Administrator SUBJECT: Adopt 2010 Preliminary Tax Levy DATE: September 1, 2009 INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. DISCUSSION The 2010 Preliminary Levy certification would be the outcome of the numerous budget workshops held with the Council over the summer. The Preliminary 2010 Budget proposes a total property tax levy of $10,911,326: $7,540,059 (69.10%) operational levy, $2,012,028 (18.44%) debt service levy, and $1,359,239 (12.46%) capital/watershed levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2009. The proposed levy will result in approximately a 3.00% increase in the gross tax levy. Please note that the proposed levy includes the third year of the Open Space Referendum levy. BUDGET IMPACT This is the first step in establishing the City of Andover property tax levy for 2010. ACTION REQUIRED The Andover City Council is requested to receive a brief presentation, discuss and approve the attached resolution that indicates a total preliminary levy of $10,911,326 to be submitted to the Anoka County Property Records and Taxation Division by September 15th. ents: Resolution Adopting the Proposed 2010 Property Tax Levy CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE CITY OF ANDOVER 2010 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 15,2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2010 property tax levy totaling $10,911,326 as listed on Attachment A. Adopted by the City of Andover this 1 st day of September 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Jim Dickinson - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the 2010 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 1st day of September 2009. Jim Dickinson - City Clerk CITY OF ANDOVER, MINNESOTA Attachment A 2010 Property Tax Levy 2010 Proposed Levy General Fund Levy $ 7,540,059 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 382,594 2004 EDA Public Facility Revenue Bonds 934,203 2007 A G.O. Equipment Certificate 218,400 2008A G.O. Equipment Certificate 179,981 G.O. Open Space Bonds 162,900 2009A G.O. Equipment Certificate 133,950 Total Debt Service 2,012,028 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 59,410 Road & Bridge 1,003,056 Pedestrian Trail Maintenance 51,773 Lower Rum River Watershed 35,000 Gross City Levy $ 10,911,326 C I T Y 0 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 FROM: Jim Dickinson, City Administrator SUBJECT: 2010 Debt Service Levy Changes DATE: September 1, 2009 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2010 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMP ACT The 2010 City of Andover Debt Service Budget is current and up-to-date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2010. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2010. ent: Resolution Updating Certified Bonded Indebtedness for 20 I 0 Attachment A - 2010 Proposed Levy Certification Debt Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2010. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2010; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2010 as listed on Attachment A. Adopted by the City of Andover this 1 st day of September 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Jim Dickinson - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2010 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 1st day of September 2009. Jim Dickinson - City Clerk Attachment A CITY OF ANDOVER 2010 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Varia ce Explanation 56 2004A GO Capital Improvement Bonds 386,838 382,594 4,244 Reduced the levy 58 2005A GO Improvement Bonds 574,200 - 574,200 Paid for by assessments 61 2006A GO PIR Bonds 133,446 - 133,446 Paid for by assessments 63 2007 A GO Equipment Certificate 218,400 218,400 - Ok 65 2008A GO Equipment Certificate 179,980 179,981 (1) Rounding difference 66A 2009A GO Equipment Certificate 137,274 133,950 3,324 Reduced the levy 2004 EDA Public Facility Lease Rev - 934,203 (934,203) Lease revenue payment per pledge agreement GO Open Space Bonds - 162,900 (162,900) New issuance Total $ 1,630,139 $ 2,012,028 $ (381,889) C I T Y 0 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 FROM: Jim Dickinson, City Administrator SUBJECT: Set Hearing Date for 2010 Budget Discussion & Public Comment DATE: September I, 2009 INTRODUCTION The Truth in Taxation law, M.S. 275,065, has changed from last year. Cities are now required to hold a regularly scheduled meeting at which the budget and levy will be discussed and the final levy determined. These hearings must be between November 25 and December 26 and be held after 6:00 PM. and the public must be allowed to speak. DISCUSSION The first hearing date selected by the City will be for the initial hearing to present the proposed levy and budget to the public and allow the public to comment. If the initial hearing is not sufficient for all public comment and further discussion is required, a continuation hearing will be necessary. City Council, at its discretion, may adopt a final budget and levy at the initial hearing but is not required to do so. The Andover City Council is requested to approve the following scheduled council meeting dates for discussion and adoption of the 2010 budget and levy: Initial hearin2: date: Tuesday, December 1,2009 at 7:00 PM Continuation hearin2: date: Tuesday, December 15,2009 at 7:00 PM Official adoption date: Tuesday, December 15,2009 at 7:00 PM ACTION REQUESTED The Andover City Council is requested to approve the 2010 Budget and Levy hearing schedule. -- 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: Follow Up - Consider Declaring Dangerous Dog August 18th Discussion DATE: September 1, 2009 INTRODUCTION At the August 18th Andover City Council Meeting as part of the agenda item "Consider Declaring Dangerous Dog" the motion gave the date of September I st for the owner of the dog to construct either a kennel or fence for the dog to be contained within the yard. DISCUSSION Attached is an email from the dog owner, Chris Nowak. He indicated he has pulled and been approved a fence permit from the City. The fence will be completed Tuesday, September 1 st. Respectfully submitted, /~~ Michelle Hartner Deputy City Clerk Attach: Meeting Minutes, Email from Chris Nowak Michelle Hartner From: James Dickinson Sent: Thursday, August 27, 2009 1 :29 PM To: Michelle Hartner Subject: Fw: Fence for Henry Nowak - 14417 Eldorado St NW This message was sent from my BlackBerry Handheld device. ----- Original Message ----- From: Chris.Nowak < -> To: James Dickinson Sent: Thu Aug 27 13:13:16 2009 Subject: Fence for Henry Nowak - 14417 Eldorado St NW Hi Jim) r just wanted to give you an update on the fence situation for my dog Henry Nowak. The posts are being put in today and they should be back out Monday or Tuesday to complete. r worked with Cameron to pull a permit through the city on Monday. We ended up going with 4 foot wood picket on the sides and 4 foot black vinyl along the back. rf you have any questions) please let me know. Thanks! Chris 1 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 2 1 2 3 4 Approval of Claims 5 Approve Drainage & Utility Easements/09-30115005 15019 Eagle Street NW 6 end Fee Ordinance No. 360 (See Ordinance 3 ) 7 App ve Commercial Refuse/Recycler Hauler . cense/Lepage & Sons 8 9 10 Motion by Trude, Seconded b acobson, approval ofth Consent Agenda as read. Motion carried 11 unanimously. 12 13 14 APPROVE REVISIONS TO ASSESS UAL (POLICIES & PROCEDURES 15 GUIDE 16 17 18 19 20 21 Motion by Jacobson, Seconded y Trude, to approve the re . ions to the Assessment Manual as 22 shown on the attachment. M ion carried unanimously. 23 24 25 ANOKA COUNTY S 'RIFF'S DEPARTMENT MONTHLY REP ~T 26 27 Investigator Scott ealing updated the City Council on Law Enforcement tivities within the City 28 in July. 29 30 Mayor Gam e asked if there was a fine for inattentive driving and he thought th texting and not 31 paying atte ion while driving could incur an extra fine if pulled over. Investigator ealing stated 32 the crim itself is inattentive driving and there are other categories that fall into at. It is a 33 misde anor charge. 34 35 Co cilmember Trude asked if having a GPS attached to the front of the vehicle legal in Mi ~sota. 36 In estigator Knealing stated as long as it does not obstruct your vision it is legal. Anything han~g 37 om the rear view mirror is an obstruction along with a cracked windshield. 38 '\ 39 40 CONSIDER DECLARING DANGEROUS DOG 41 42 Mr. Dickinson stated on February 10,2009 and August 1,2009 a dog left his property and attacked a 43 dog causing injury. 44 Regular Andover City Council Meeting Minutes - August 18, 2009 Page 3 1 Mr. Dickinson reviewed the information with the Council. 2 3 Councilmember Jacobson asked ifthe dog was licensed at the time of the incident. Mr. Dickinson 4 stated it was not. Councilmember Jacobson asked if it was licensed now. Mr. Dickinson stated he 5 did not have time to check with the Deputy City Clerk because she is out of the office. 6 7 Ms. Krista Ubi clarified that the dog has attacked seven times and she has only called and filed a 8 police report on the last two occasions. She stated incident number five is when he caused bodily 9 harm and she was under the impression that a report was filed at that time which after attack number 10 seven she found out it was not filed appropriately. She indicated she also had a letter from another 11 resident regarding an attack they experienced with the same dog. She felt the dog did not deserve a 12 second chance because the owners have been extremely irresponsible and there have been no 13 apologies and no remorse and no improvement on the dog's part. She asked that the dog be deemed 14 a dangerous dog and be required to comply with all the dangerous dog restrictions. 15 16 Mayor Gamache asked what happened with the last incident. Ms. Krista Ubi explained the situation 17 to the Council. 18 19 Councilmember Knight asked if it was true that one incident she got between the dogs to break them 20 up and got bit. Ms. Ubi indicated it was but she never reported the incident because she wanted to 21 give them another chance to improve the behavior of the dog. Councilmember Knight asked if the 22 dog deliberately tried to bite her. Ms. Ubi stated she was trying to separate the dogs because the 23 Boxer was clenched onto her dog's neck. 24 25 Councilmember Bukkila asked what injuries were incurred this last time. Ms. Krista Ubi stated this 26 last time she was able to strike the dog and the dog jumped back from her dog. 27 28 Mayor Gamache asked for a time period ofthe seven dog attacks. Ms. Krista Ubi reviewed the dates 29 of the incidences with the Council. 30 31 Councilmember Knight asked if any human was attacked or if it was all dog on dog attacks. Ms. 32 Krista Ubi stated it was all dog on dog attacks. 33 34 Councilmember Trude asked what her observation is when she brings her dogs for a walk, does she 35 make sure it is safe to leave her property now before walking. Ms. Krista Ubi stated that was correct 36 and as a result her Lab is very anxious and nervous around strange dogs and needs to be medicated 37 because he has nightmares. She stated the owners have never been outside when the dog has 38 attacked. 39 40 Ms. Krista Ubi stated in incident four the dog was not up-to-date on his vaccinations. 41 42 Councilmember Jacobson stated in the letter Ms. Krista Ubi presented to the Council from a 43 neighbor it identifies two incidences indicating the dog barked in a non-friendly way with teeth 44 barred but did not say the dog attacked anyone or any other animal. Ms. Ubi stated she was not Regular Andover City Council Meeting Minutes - August 18, 2009 Page 4 1 present at those two incidences but what she was told was the dog came out into the street and the 2 neighbor had to kick the dog to get him out of the way. 3 4 Councilmember Trude stated they received an additional letter from the residence on Dakota Street 5 in Andover about two incidences of the dog leaving the property and confronting the resident and 6 their dog. 7 8 Mr. Chris Nowak, 14417 Eldorado Street NW, stated he has reviewed the items the City sent him 9 and reviewed the claim and believed that the only incident at issue that falls within the definition 10 under Section 5.1, A-I, is incident number four which occurred on February 7, 2009 and was 11 reported on February 10,2009. He stated the other six incidents Ms. Ubi named did not result in 12 injury to another animal or person and should not be classified as that. He stated in incident four 13 they felt bad and paid for her dogs vet bill, which was also noted in the police report. He realized he 14 needed to handle his dog's ability to get out of the yard and he will be getting a fence, which he has 15 already received a quote for and will be installed tentatively on August 31, 2009. He did not believe 16 his dog met the criteria under Element B ofthe dangerous dog/cat law. To assert that he has met the 17 criteria based on he said/she said evidence is extremely harsh financially and emotionally to both his 18 family and himself. He stated his dog can be around his children 24 hours a day without supervision 19 along with other children that enter their house and other dogs. He stated he did have letters from 20 neighbors deeming his kind and behaved demeanor and also had a record of the time he was 21 kenneled and they are professionals deeming his behavior. He stated he was on notice with Ms. 22 Ubls' issues with his dog, resolving it from happening going forward and cannot see how their 23 family dog can be deemed dangerous. He stated he regretted this has escalated to this hearing and 24 was embarrassed he had to get neighbors, friends and family involved in this matter. He stated he 25 could not risk not diligently raising a defense in light of the heavy financial and emotional 26 consequences of deeming his dog a dangerous dog for his family and him. 27 28 Councilmember Trude asked what kind offence he got a quote for. Mr. Nowak stated the quote was 29 for either a four-foot galvanized or a four foot vinyl fence but they are actually looking more at a 30 wood fence instead of a galvanized one after talking it over with his wife. 31 32 Councilmember Trude stated from his comments he is saying that the only one that counted was 33 when the victim had to take her dog to the vet to get sewn up so she thought he was kind of denying 34 this incident on August 1, 2009 that his dog went out and attacked her dog and bit at the dog and 35 keeping it from continuing on its walk even though it did not harm the dog. Mr. Nowak stated he 36 was not at the incident but the person that was at the incident has a completely different story than 37 Ms. Ubi and could talk to that. 38 39 Councilmember Trude stated the reason he received the letter from the City is because of the many 40 incidences that occurred with the dog and he should have received the letter in February 2009 and 41 she thought they can acknowledge what has happened retrospectively and indicated that the dog's 42 behavior is not acceptable in the community. People in the neighborhood should not feel like they 43 cannot use the streets for walking because of fear that his dog will come out and attack them and she 44 wondered if Mr. Nowak felt this was excusable. Mr. Nowak stated he was not saying that was Regular Andover City Council Meeting Minutes - August 18, 2009 Page 5 1 excusable but he thought there was a difference between what Ms. Ubi feels is an attack and what he 2 feels is an attack. He saw it more as dogs going up to one another and sniffing and the one incidence 3 where the dogs attacked is where there was bodily harm done. 4 5 Councilmember Trude did not feel that an attack is only when skin is broken and do not have to find 6 the attack necessarily involves being attended to by a vet. 7 8 Councilmember Jacobson asked ifthe dog was currently licensed. Mr. Nowak stated the dog was. 9 Councilmember Jacobson asked ifthe dog was previously licensed. Mr. Nowak stated it was not. 10 Councilmember Jacobson asked why the dog was not previously licensed. Mr. Nowak stated the dog 11 is 1'li years old and he did not know the City laws in regard to this. 12 13 Councilmember Jacobson asked if a fence is installed in the yard what will prevent the dog from 14 getting out. Mr. Nowak stated the fence is the containment and he truly believed that since the first 15 incidence there have not been any others that have happened since that point. He has rebuilt their 16 deck and the dog is let outside into the back yard instead ofthe front. He stated his father-in-law is 17 the one that let the dog outside the day of the attack and his father-in-law stated when their dog saw 18 the other dog he got excited but did not think he would have left the yard if there would not have 19 been any commotion caused by Ms. UbI. He stated he totally understood her fear but he felt the dog 20 was provoked to leave the yard. 21 22 Councilmember Knight suggested putting a kennel in instead of fencing because it is more secure. 23 Mr. Nowak stated he could do this also. 24 25 Councilmember Jacobson asked if Mr. Nowak has ever been contacted by anybody else in his 26 neighborhood regarding their concern for the dog. Mr. Nowak stated he has not. 27 28 Councilmember Jacobson asked the City Attorney for the legal description of a dangerous dog. City 29 Attorney Baumgartner reviewed the City Ordinance with the Council. 30 31 Mayor Gamache stated fences have a tendency to be left open, especially with children. He 32 explained to Mr. Nowak what he would need to do if the dog were labeled a potentially dangerous 33 dog. 34 35 Councilmember Trude stated she wanted to hear the other family members version of what happened 36 on August I, 2009 and they also have a provision for nuisance dogs and if another one of these 37 incidences was documented with a police report their dog would not have to attack, it would just be 38 declared a nuisance which will allow the City Council to abate the nuisance by requiring them to take 39 the dog out ofthe City. 40 41 Mr. Nowak read into the record a statement from his father-in-law, Mr. Spike Pouphal, who was at 42 the August incident. 43 44 Councilmember Bukkila stated they are looking at a fairly young dog that is probably hyper and Regular Andover City Council Meeting Minutes - August 18, 2009 Page 6 1 excites easily. She stated the unfortunate thing about a dangerous dog is that ultimately the decision 2 the Council makes impacts the dog. Mr. Nowak has several incidents that should have indicated to 3 him several months ago that he needed to do something to restrain the dog. She was willing to go 4 with a fence option but was concerned with the four-foot height. 5 6 Mayor Gamache asked for clarification from Ms. Ubi about the photo that was in the Council packet 7 and wondered ifthat was from the February 2009 incident. Ms. Ubi stated that was correct. 8 9 Councilmember Trude asked if Ms. Ubi wanted to comment about the August 1,2009 incident. Ms. 10 Ubi stated there was not anyone out with the dog on the August incident. She reviewed the incident 11 with the Council. 12 13 Mayor Gamache stated it seems from the February incident that the owners of both dogs were 14 working on this together which was the first documented case. He stated they do not have to label a 15 dog potentially dangerous before the label it a dangerous dog and legally they could move ahead with 16 the dangerous dog label. They have two reports and there was bodily harm to the dog at one time. 17 He stated in the ordinance it indicates what type of injury and how sever but he was not sure how 18 they would determine that. 19 20 City Attorney Baumgartner stated there has been discussion about bodily harm and in the ordinance 21 and Statute it talks about substantial bodily harm and there is a difference. He reviewed the Statute 22 with the Council indicating it states "Substantial bodily harm means bodily injury which involves a 23 temporary but substantial disfigurement or which causes a temporary but substantial loss or 24 impairment of the function of any bodily member or organ or which causes a fracture of any bodily 25 member. He stated for the Council there are two routes that can be taken in regard to this, one would 26 be to already have it deemed potentially dangerous and then the second incident. The Council has 27 already acknowledged that has not already occurred because the dog has not been deemed potentially 28 dangerous by notification as required by their ordinance so that leaves them to the second option 29 which is the Council's determination whether or not there has been substantial bodily harm which 30 would classify the dog as a dangerous dog. 31 32 Councilmember Trude asked ifthe focus ofthe Statute was based on physical injury. City Attorney 33 Baumgartner stated that was correct. 34 35 Councilmember Trude thought this would be a continuing problem with the two dogs because they 36 do not seem to like each other but they still need to look at whether the dog is aggressive to any other 37 animal. 38 39 Councilmember Jacobson asked if they could look at declaring this dog a nuisance and require 40 confining it to a kennel or fenced in yard and if there is another incidence that it automatically need 41 to be removed from the City. City Attorney Baumgartner suggested the Council could declare the 42 dog as potentially dangerous by the letter and by the dog owners concession that he will be putting 43 up a fence to defer a determination ofa dangerous dog on the condition that the fence be put up and 44 with the understanding that there are two strikes against the dog and a third will require removal. He Regular Andover City Council Meeting Minutes - August 18, 2009 Page 7 1 thought this would be a wise decision on the owner's part. If the Council is struggling with whether 2 or not this fits within the dangerous dog category, he thought this might be middle ground to assure 3 this does not happen again and remind the dog owner of the consequences. 4 5 Councilmember Knight suggested the owner of the dog purchase a six foot tall kennel and then let 6 the dog out once a day on a leash because a dog this size 'will either climb over a four foot fence or 7 dig under a fence. Councilmember Trude did not think the victim would be comfortable seeing the 8 dog outside of the kennel without a leash. Mayor Gamache thought there was an understanding from 9 the dog owner where he would not take the risk of losing the dog. 10 11 Mr. Dickinson stated the dog is declared potentially dangerous and if the Council defers on this he 12 asked that some criteria be put on the dog owner. He requested a time frame be put on this. 13 14 Councilmember Trude stated they could defer the motion to allow the owner to install a fence or 15 kennel and can only be outside on a leash and if any of these conditions are violated they would 16 declare the dog a nuisance. Councilmember Bukkila thought the dog would need to be off the 17 property before it would be declared. Councilmember Trude agreed but indicated she did not want to 18 see the dog in the front yard without a leash on. 19 20 Councilmember Jacobson asked why Councilmember Trude would want to wait until another 21 incident to declare the dog a nuisance. Why not declare the dog a nuisance now with the conditions 22 discussed so that if anything else happens the dog can be immediately removed. Councilmember 23 Trude explained the declaration of a nuisance requires them to abate the nuisance by having the dog 24 removed from the City. Councilmember Jacobson stated to abate it would be to have a proper 25 enclosure such as a fence or kennel for the dog and if the dog gets out or is a problem after that then 26 the dog is removed. 27 28 City Attorney Baumgartner stated if they want to declare this dog to be a nuisance they have to go 29 about it in one oftwo ways, either that the dog has without provocation inflicted substantial bodily 30 harm which gets them back into the determination of whether or not substantial bodily harm has been 31 met. The other way is that the dog engaged in conduct resulting in three or more established 32 violations of this article, They have two established. 33 34 Councilmember Trude did not think they could declare the dog a nuisance because their definition of 35 that requires them to abate a nuisance. They could acknowledge that the dog has been off the 36 property at least two times of record because they have to rely on police reports and photographic 37 evidence. 38 39 Mayor Gamache thought Councilmember Trude may have been on the right track with her motion. 40 41 Motion by Trude, Seconded by Bukkila, to defer a decision about the declaration of the dog being a 42 nuisance which requires abatement according to their City ordinances so long as the dog is not 43 observed off the property or outdoors without a leash. The owner will determine how to best comply 44 with that by either constructing a fence or kennel for the dog to be contained within the yard by Regular Andover City Council Meeting Minutes - August 18, 2009 Page 8 1 September 1,2009. 2 3 Councilmember Knight once again suggested a kennel because a fence will not contain a dog and 4 allows a dog to be very threatening to others. 5 6 Councilmember Trude stated in the future when an officer is called on an issue like this the Council 7 would not want them to be concerned with neighborhood relationships and a citation should be 8 issued. Mr. Dickinson stated the Sheriff s Department has been notified of this and believed the due 9 diligence process is underway now. 10 11 City Attorney Baumgartner asked for a point of clarification. He stated the motion talked about 12 deferring the determination as to whether it is a nuisance now. The notice was for a dangerous dog 13 and if they are going to deter the determination and if it comes back on the Council agenda as a 14 nuisance, if that is what the Council decides to do, the Council then has a different set of alternatives 15 that it can use and he wanted to be sure the Council understands that with a nuisance they have the 16 right to abate the nuisance by either putting the dog down or removing the dog from the City. The 17 alternative is if they want to defer a determination if this is a dangerous dog and should that come 18 back on the Council agenda and the Council deems it a dangerous dog there is different mechanisms 19 that can be put into place such as allowing the dog to remain with the proper enclosure, the insurance 20 policy so he wanted to make sure that the Council is aware that if this comes back depending upon 21 what is being deferred tonight will set the options. 22 23 Councilmember Trude indicated she did not state in her motion and wondered ifthe City Attorney 24 had any advice on which way to go. She wondered if they could leave this open and defer the 25 designation. Mr. Dickinson stated they could defer the determination of dangerous dog because if 26 there is one other instance on this dog it triggers abatement. 27 28 Motion was restated by Trude, Seconded by Bukkila, to defer the decision of determining whether 29 the dog is dangerous which if violated will trigger abatement according to their City ordinances so 30 long as the dog is not observed off the property or outdoors without a leash. The owner will 31 determine how to best comply with that by either constructing a fence or kennel for the dog to be 32 contained within the yard by September 1,2009. 33 34 Mr. Dickinson stated when the letter of potentially dangerous that goes out rarely do they see these 35 come back to the Council. He noted they have sent out many over the past years. 36 37 Councilmember Jacobson reviewed the motion. 38 39 Councilmember Trude knew this was not what Ms. Ubi was looking for but they have to be cautious 40 on how they apply the rules because there are dogs that do not get along with other dogs and then 41 there are some dogs that do not get along with one or two other dogs. She did not think it was at the 42 point where this dog should be destroyed but this will require the owner to control the dog. 43 44 Ms. Ubi stated the incidence where the dog did do bodily harm to her dog the officer did not do the Regular Andover City Council Meeting Minutes - August 18, 2009 Page 9 1 due diligence and write up the potentially dangerous dog report which when she phoned the officer 2 the officer told her that the report was written and she trusted that the report was filed properly. Only 3 on August 1,2009 did she know that a dangerous dog report was not filed for the February 2009 4 incident. She indicated to the officer that she did not want a citation but did want a dangerous dog 5 report. The officers' police report was inconclusive. She felt the dog has already caused bodily 6 harm and now attacked again and believed the dog is a dangerous dog. Councilmember Trude stated 7 this will prevent the dog from leaving the property. 8 9 Ms. Ubi did not think that the dog deserved a second chance. She recommended a higher fence since 10 a Boxer canjump fairly high. Councilmember Trude stated if a fence is installed she would like the 11 owner to review the plans with someone on staff before getting a permit so there is a comfort level 12 that they are getting a structure that is going to do the job. 13 14 Motion carried unanimously. 15 16 17 UBLIC HEARINGICONSIDERAMENDMENT TO CUP FOR TIME EXTENSIONIMEADOW 18 C 'K SCHOOL SUBORDINATE CLASSROOMSTRUCTURESI3037 BUNKERLAKEBLVD 19 20 Mr. Ne ister stated Meadow Creek School has requested additional time for the e 21 subordinate c sroom structures. No changes to the existing buildings are proposed. 22 23 ed the information with the Council. 24 25 Motion by Knight, Secon d by Trude, to open the public hearing. 26 27 Mr. Shelly Johnson, Meadow Cre School Superintendent, stated t y were requesting a two-year 28 extension of the classroom structure He stated it is somethin ey need and they will be using 29 them. Right now the lease has been ext ded two years and III be consistent with that. 30 31 Councilmember Jacobson stated in the letter t pre lse for the extension of the permit is based 32 upon their plans of constructing a new school at st A venue and Tulip Street. He has heard that 33 this is not an option for them anymore. He st a he 11 heard a number of rumors that the site will 34 not be built on and that they are looking fI another site. . Johnson stated he would not have the 35 appropriate background to answer th xcept based on what has heard being on the job for three 36 days, it is an option to build on t property and there are oth options out there which will be 37 looked at as well. He stated t re could also be an option of going ba to the church for a third year 38 as far as an extension is cemed so those would be the options he has eballed in the short time 39 he has been on boar . 40 41 Councilme er Trude asked if they wanted the Council to extend this three years unti ugust 2012. 42 She stat the quality of the portables varies somewhat but there are inspections that 0 ur on a 43 reg basis and they do not require renewals on the ones on school property but these are on c urch 44 operty. She wondered if it would make planning easier to pick a different date since she did ot @ 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 Council Workshop DATE: September 1, 2009 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of September for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general September workshop have been identified as follows: 1. Council Goal Discussion 2. 2010 Budget Development Progress Report 3. 2010 Tax Levy Discussion 4. 2011-2015 Capital Improvement Plan Development Progress Report 5. Community Center 2010 Proposed Budget Presentation 6. Continued Discussion on Alternative Energy Options 7. Single Family Residential Market Value Preservation Program Progress Report 8. Community Tour? Other items may be added upon Council request. ACTION REQUIRED Schedule a September Council workshop, a suggested date is September 22nd at 6:00 pm or another date and time acceptable to the Council. C I T Y 0 F (!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 FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: September 1, 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. - CX~ f, t\.cJ C I T Y o F NDOVE DATE September 1 , 2009 ITEMS GIVEN TO THE CITY COUNCIL ~ Andover Volunteer Fire Dept. Calls for July 2009 ~ PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFF\RHONDAA\AGENDA\CC LIST. doc ANDOVER VOLUNTEER FIRE DEPARTMENT II TOTAL CALLS FOR THE MONTH OF JULY 2009 If I II MTH YTD COUNTY CALL RESP SCENE FIRE/ II # PRIMARY ALL # # INC.# DAY TIME TIME TIME EMS SHIFTIIREASON RESP STATION CALLS 1 521 09012530 2 3:55 4:00 4:06 EMS N 1167 YOF NEEDS OXYGEN 6 3 2 522 09012545 2 10:50 10:51 11:04 FIRE/ D IIUNAUTHORIZED BURNING 1 2 DO 3 523 09012547 2 11:12 11:18 11:19 FIRE/ D II FALSE ALARM/CHILD PULLED ALARM 7 1 X 4 524 09012558 2 15:05 15:11 15:36 FIRE/ D IIEXTINGUISH UNAUTHORIZED BURN 9 2 X 5 525 09012598 3 4:33 4:43 04:46 EMS N 1124 YOM ON FLOOR W!CHEST PAIN 3 1 6 526 09012601 3 6:17 6:20 CANC EMS D IIACCIDENT!CANCELLED 11 1 X 7 527 09012661 4 1:51 1:55 01:58 EMS WN I 66 YOF SEVERE HEART BURN 3 2 8 528 09012716 4 23:06 23:07 23:13 FIRE/ WN II SMALL GRASS FIRE 10 1 9 529 09012722 5 2:15 2:17 02:21 FIRE! WN i1VEHICLE FIRE 15 3 X 10 530 09012754 5 16:30 16:32 16:35 EMS WD 1117 MO BABY HAVING SEIZURE 5 3 11 531 09012765 5 19:49 19:50 19:57 EMS WN 1I47YOF DRINKING HEAVILY!SEMI-CONSCIOUS 6 3 12 532 09012790 6 07:19 07:25 07:32 EMS D 84 YOF DIFFICULTY BREATHING 4 3 13 533 09012796 6 09:30 09:37 09:42 EMS D 43 YOF SEIZURE 5 2 X 14 534 09012823 6 17:28 17:35 17:39 FIRE! N SMELL OF GAS 8 1 15 535 09012841 7 01:25 01:33 CANC EMS N POSSIBLE SUICIDE 5 1 16 536 09012843 7 6:04 06:09 CANC EMS D 75 YOM W!SEVERE NOSE BLEED 4 3 X 17 537 09012856 7 09:59 10:02 10:08 EMS D 62 YOM CHEST PAINS HEART HISTORY 8 1 X 18 538 09012901 7 21:41 21:43 21:51 FIRE! N SMELLS SOMETHING BURNING 7 3 19 539 09012912 8 03:35 03:38 03:41 FIRE! N VEHICLE FIRE 6 1 20 540 09012940 8 11:38 11:43 11:46 EMS D 30 YOM LEG LACERATION 9 1 X 21 541 09012979 9 00:07 00:14 00:17 FIRE! N GARBAGE CAN ON FIRE 7 3 22 542 09013049 10 00:08 00:15 00:17 EMS N 46 YOF TOOK TOO MUCH VICODIN 6 1 23 543 09013118 11 04:05 04:08 04:18 EMS WN SEVERE STOMACH PAIN 6 3 24 544 09013123 11 07:51 07:53 08:01 EMS WD 78 YOM FELLlHIP PAIN 6 3 25 545 09013131 11, 09:46 09:47 09:49 FIRE/ WD FIRE ALARM 24 1 26 546 09013253 13 08:09 08:14 08:17 EMS D 94 YOF IN RESPIRATORY DISTRESS 9 1 X 27 547 09013267 13 13:22 13:24 13:26 EMS D ADULT MALE POSSIBLE BROKEN LEG 12 3 X 28 548 09013283 13 18:10 18:16 18:17 EMS N 2 MO BABY HAVING POSSIBLE REACTION TO SHO 8 1 29 549 09013366 14 19:52 19:55 19:59 EMS N 49 YOF POSSIBLE HEART!SHORT OF BREATH 8 1 30 550 09013443 15 18:29 18:35 18:37 EMS N 32 YOM CURLED UP IN EXTREME PAIN 12 1 31 551 09013480 16 12:38 12:40 12:43 EMS D FEMALE FELUUNKNOWN INJURIES 13 2 X 32 552 09013505 16 22:23 22:25 22:31 EMS N FEMALE FELL OF MOTORCYCLE/UNCONSCIOUS 5 3 33 553 09013546 17 16:12 16:13 16:15 FIRE/ D SMOKE AND SMELL FROM TREES 10 1 X 34 554 09013569 18 03:05 03:11 CANC EMS N 67 YOM SEVERE NOSE BLEED 4 2 35 555 09013576 18 06:01 06:06 06:12 EMS WD 83 YOM UNABLE TO GET OUT OF BED 6 1 36 556 09013585 18 09:38 09:45 09:49 EMS WD 5 YOM NOT BREATHING 6 3 37 557 09013608 18 16:05 16:10 16:16 EMS WD MALE FAINTED!CANCELLED 6 1 38 558 09013659 19 13:27 13:33 13:35 EMS WD 64 YOF LEFT ARM PAIN 5 1 39 559 09013667 19 13:51 13:51 13:55 EMS WD 35 YOF MANIC DEPRESSIVE/OUT OF CONTROL 6 1 40 560 09013675 19 15:52 15:55 15:59 EMS WD POSSIBLE PI 10 1 41 561 09013676 19 17:01 17:03 17:07 EMS WN 73 YOM NOT BREATHING 11 1 42 562 09013688 19 20:39 20:40 20:43 EMS WN FEMALE VERY LETHARGIC IN MEMORY CARE 11 1 43 563 09013692 19 21:32 21:34 21:51 EMS WN FIRE/CO ALARM 1 3 DO 44 564 09013700 19 23:39 23:44 23:46 EMS WN 80 YOF EXTREME FOOT PAIN 4 1 45 565 09013776 20 21:50 21:54 CANC EMS N 41 YOF IN SEIZURE 6 1 46 566 09013792 21 03:57 04:07 CANC EMS N MALE YELLING FOR HELP 3 1 47 567 09013815 21 12:48 12:53 CANC EMS D 75 YOF WEAKlDEHYDRATED 8 1 X 48 568 09013816 21 12:53 12:54 13:02 FIRE! D FIRE ALARM 11 1,2 X 49 569 09013828 21 16:42 16:42 16:50 FIRE! D POSSIBLE HOUSE FIRE/MUTUAL AID RAMSEY 23 2 X . 50 570 09013833 21 16:58 16:59 17:04 FIRE! D HOUSE HIT BY LIGHTNING 30 3 X 51 571 09013835 21 17:11 17:12 17:18 FIRE! N POSSIBLE HOUSE FIRE/MUTUAL AID HAM LAKE 30 3 x . 52 572 09013840 21 18:40 18:43 18:49 EMS N FELL DOWN STAIRS CARRYING 2YO CHILD 8 2 53 573 09013845 21 20:28 20:28 20:31 FIRE! N FIRE ALARM 12 1 X 54 574 09013921 22 20:34 20:37 20:41 EMS N 34 YOM RAPID BREATHING 12 1 55 575 09013945 23 08:56 09:07 09:08 FIRE/ D POSSIBLE ILLEGAL BURN 8 1 X 56 576 09013948 23 10:01 10:06 10:09 EMS D ELDERLY FEMALE FELUHEAD INJURY 11 1 X 57 577 09013951 23 11:20 11:12 CANC FIRE! D ASSIST POLICE/CANCELLED 9 1 X 58 578 09013968 23 16:49 16:52 16:54 EMS D 68 YOM FELL DOWN 14 1 X 59 579 09013994 23 23:27 23:33 CANC EMS N ATTEMPTED SUICIDE BY OVERDOSE 5 1 60 580 09014001 24 03:06 03:12 CANC EMS N 22 YOF DISLOCATED KNEE WHILE URINATING OUTSIDE 3 1 61 581 09014099 25 17:36 17:40 17:43 EMS WN ELDERLYFEMALE POSSIBLE HEART ATTACK 5 1 62 582 09014112 25 22:52 22:55 23:04 FIRE! WN PORTAPOTTY FIRE 8 1 63 583 09014113 25 23:28 23:28 23:31 FIRE! WN GARBAGE FIRE 8 1 64 584 09014128 26 07:30 07:35 07:42 EMS WD 64 YOM CANCER PT SHORT OF BREATH 5 1 65 585 09014171 26 22:25 22:30 22:35 EMS WN 49 YOM HAVING SEIZURE 8 1 66 586 09014181 27 01:48 01:54 01:58 FIRE/ WN PORTAPOTTY FIRE 9 1 67 587 09014186 27 05:32 05:35 CANC EMS D 86 YOF PAIN IN HER LOWER EXTREMETIES 7 3 68 588 09014193 27 09:15 09:17 09:19 EMS D MALE BREATHING SLOW 13 1 X 69 589 09014237 27 22:24 22:26 22:28 FIRE! N FIRE AlARM 11 1 X 70 590 09014260 28 12:04 12:07 12:13 FIRE! D CO AlARM 2 1 DO 71 591 09014327 29 16:08 16:12 16:14 EMS D 38 YOFVOMITING FOR 12 HRS!PASSING OUT NOV 17 1 X 72 592 09014370 30 11:53 11:58 12:02 EMS D ONE IN CARDIAC ARREST 13 1 X 73 593 09014398 30 19:04 CANC CANC EMS N 54 YOM DRINKlNG!ON ANTIDEPRESSANTS/OUT OF 3 3 74 594 09014409 30 22:53 22:59 23:00 EMS N ----- --------- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for September 1, 2009 City Council Meeting DATE: September 1, 2009 The City Council is requested to receive the following supplemental information. Discussion Items Item #14. Follow Up - Consider Declaring Dangerous Dog - August 18th Discussion (Supplemental)- Administration '~ @ 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: Additional Information - Follow Up - Consider Declaring Dangerous Dog August 18th Discussion DATE: September 1, 2009 INTRODUCTION At the August 18th Andover City Council meeting as part of the agenda item "Consider Declaring Dangerous Dog" the motion gave the date of September 1 st for the owner of the dog to construct either a kennel or fence for the dog to be contained within the yard. DISCUSSION Attached are the following: 1. Email with notes verifying the installation of the fence 2. Email from Krista UbI regarding her concerns on the fence installed 3. Anoka County Sheriff Report for incident referenced in the Krista UbI email 4. Email from Krista UbI - More information about boxers jumping fences ACTION REQUESTED The dog owner has complied with the Council request, no action is necessary. By submitted, L.-- ents James Dickinson From: Chris. Nowak . 1 .. W ] Sent: Monday, August 31, 20092:27 PM To: James Dickinson Subject: Fence for 14417 Eldorado St NW - Henry Nowak HiJim, The fence is complete. Please let me know if there is anything else I need to get you. Thanks! Chris Chris Nowak I _n , ;<_ ) \Je r- f;iI'cA \, tJ... l..J ~t ~ ...c ( W"S l'" S~ V td ~-l-D~ t6:0CJt1-~ ''---" f U., , l..d ( 'h" ~ },Io \.VIII. t \ \"01,, r~~~ + 0 ", ~ t ~t...1 1 "'~ .0~~." W"\S \J pM~td, ~lw ~ss,t'd t'tloV\.s 1-~P tv'\(t'\:".s " ~ + \IV I\~ h 0'" ~ f\ "-\' ~cJf .p~~c t' I +"'p Jc)~ 'M.ot~ bp ~hl-( +0 ~"'w\p 06" (\(~b Ov~( 1-\A€. +'''H't' ~ ~t'~i,,-deJ n t Iv-. +~ t A-hc)1"-"""" .<; r--..(I,of~t'\1 MP\J \t'Qld to t'\ otP\.~6"1 ov~ do ~ J.-t(let\",t~d1 l\\v' ~~V'\("~ ~ b,J t' M. I"l)f 0 6 both .1 ~ ----. -- James Dickinson From: Krista UbI.{ _ :., ] Sent: Monday, August 31, 20097:26 PM To: James Dickinson Subject: FW: FYI From: Krista.Ubii?' I .. l III To: MHartner@CI.Andover.MN.US Date: Mon, 31 Aug 200909:40:27 -0500 Subject: Hi Michelle, The Nowak's have started to build a fence however; the fence is not tall enough to contain their dog. Below I've included uTube videos of Boxers jumping fences (6 ft fences). A boxer jumping a 6 foot fence may be an exception, I doubt but, maybe, and their fence is not 6 feet. I would think their fence should at least be 6 feet. In addition, they were asked to keep their dog on leash at all times until the fence was built. I saw Henry outside withO~ leash and when I called the police (as Jim Dickenson said I should do) and explained the situation all they did was drive by. I'm extremely upset with how the city is handling this situation and I can only hope you redeem yourself and at the very least make him install a taller fence. Krista C http: / /www. youtu be.com/watch?v= jv9wZC583M Sl'~ ~-<.("ed http: / /www. youtu be.com/watch ?v= 8eMQox5ZWmI \ (" pO { 4- http: / /www. youtube.com/watch?v= I40LOOOnUbw J James Dickinson From: Michelle Hartner Sent: Friday, August 28, 2009 10:39 AM To: James Dickinson Subject: FW: Emailing: icr.htm HERE IS THAT REPORT YOU REQUESTED Jim, I just received this from Laura. Michelle -~"---'---"~-~=-'---~'-'~--~--' "- From: Laura Landes [mailto:L -1 -J Sent: Friday, August 28, 2009 10:29 AM To: Michelle Hartner Subject: Emailing: icr.htm HERE IS THAT REPORT YOU REQUESTED ANOKA COUNTY SHERIFF'S OFFICE JCF CASE NUMBER 325 E MAIN ST, ANOKA MN 55303 ADD'L PAGES 09202385 CLASSIFICA nON CODE DISP CLASSIFICATION CODE DISP ANIMAL COMPLAINT - DOGS 09571 S CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP REPORTING OFFICER(S) 19864 TSCHIDA, JON DATE REPORTED / ASSIGNED I ARRIVED I CLEARED EARLIEST DATE/TIME OCCURRED I LATEST DATE/TIME OCCURRED 8/25/2009 2006 2016 2018 LOCATION OF OFFENSE/INCIDENT I APT # I GRID I VALUE STOLEN VALUE DAMAGED I '$LUE RECOVERED 14417 ELDORADO ST NW, ANDOVER, MN 55304- A30 $ $ NJ I REPORTING PARTY'S NAME I DATE OF BIRTH I SEX I RACE HOME PHONE ADDRESS /APT CITY I STATE ZIP WORK PHONE NARRATIVE I WAS DISPATCHED TO THE LOCATION FOR A DOG COMPLAINT. MICHELLE ASMUSSEN PH n, ADVISED THE DOG AT THE LOCATION WAS OUTSIDE AND NOT ON A LEASH. I ARRIVED AND FOUDN THE HOUSE WAS DARK AND THERE WERE NO DOGS TO BE SEEN. CLEAR DEPUTY JON TSCHIDA KW: 08-28-09 I^lCITY I HOME / BUS PHONE I WORK /2ND BUS PHONE "t James Dickinson From: Krista Ubi [ - ] Sent: Monday, August 31, 2009 7:25 PM To: James Dickinson Subject: More information about boxers jumping fences Jim, I included some additional information about Boxers below. Please review. Iw it Council mbers to note the letters Chris asked his "neighbors" to write do not live near his home like the neiahbors that wrote letters on my behalf. His og oes not interact WI t elr dogs and that is why they can say Henry is a friendly dog. Please look at the addresses. Michelle and Ron live directly across the street from him. Krista Ubi Adequate Fencing is Required ~~!:tIllfil:~l,!ll::jf,~}'!l~!lJIIR'l1;;;-~~li!l'~'~~~~~_l',<-;!Il-- ~~ dnlv"n:sHaKe,s'weCial"Car~wnen!l6tiii ", YalneW)i)ox '<,' tB/'oil; (,.'~JSome will'um over climb over or di ""'vvv.\,mvv,v",, "V wv,Pw,w_, vWW"w', ,wWv "v,',VVV,, w gm9,.",,* "ll w,. v:vv:lliJ~fr4v~V";,,,,-v<%m,:v; J p '_' g i:under fences, even extremely tall ones.~qNjl;Y-~~~'r~,:~e:: arlJjY:oU'D:teI1Ge{ls.'aa~:qttat~~l(fo;norreaVe;vourw 0 ' ", J, ::A fffW dogsaofineWi~tlvsfl6rterfehces,' butJf YourJ:Jo~f s~~n'~i!iKe:rfhightpe ableH().get ol;l}; dci:~1I1J2f thff ' ," v, ,,'?, ~ollowing things to make your fence nearly 1 00% escape~proorv '. "', ,1' " ",.';':);,v,. " > ,",' :;::;' ,':-;:,;-/:-;- -, .-,,',,:" - ',- - _--;-~:--':~--:---"'~;Fi,,:_:>- 1) Make the fence at least 7 feet tall to deter jumping over the fence. , '2) Use extra-strong chain link or other fencing that the dog can't chew through. 3) Pour a 1" thick by 6" wide layer of concrete around the inside perimeter of the fence to deter digging out (this is easily mixed in bags purchased from Home Depot or Lowe's; one bag will create enough concrete for 6 to 1 0 feet of fence). 4) If the dog still tries to jump out, buy an inexpensive 'invisible' fence system from Lowe's or Home Depot ($50 to $100) and run the wire around the very top of your regular fence, Set it to the minimum warning distance so it will only shock the dog if it actually jumps uptoward the fence, and raise the wire up higher around gates so the dog doesn't get shocked when going in and out of fenced area. If the invisible fence doesn't seem to deter your boxer, it is likely that the collar isn't on tight enough. These steps are not very difficult or expensive, and usually just take one afternoon to complete. It is possible to build an escape-proof dog fence! If you have questions about any of these steps, call Jeff Gold at (706) 769- 1000. You are here: Exoerts > Animals/Pets> Veterinary Medicine> DOQS > aggressive dog DoC(i - aggressive dog E ---- Expert: Charlotte B - 12/12/2004 Question My roommate has a 2 1/2 year old female Boxer (fixed) and I have a male Dalmatian (not fixed) the same age. The Boxer has been with us for about nine months. I have a picket fence in the front yard that the Boxer (and the Dalmatian) can jump over with ease. The Dalmatian has been trained not to jump the fence. The Boxer is a very hyper dog and lately is increasingly becoming more and more aggressive. She barks at everything that walks by and consistently jumps over the fence and sometimes trys to fight with the other dogs. She even has gone so far as to jump the fence at this person (solo, no dog) who was just walking by talking on their cell phone. (The mailmen and anyone in a uniform or that has tool bags have no chance) The Dalmatian is picking up some of her behavior like barking and running up and down the fence line. (I'm not happy with this) The Boxer's owner is just now starting to take the dog to a field on a semi regular basis to let her run but other wise she's inside all day. We have also just started a basic dog training class. She also is constantly trying to bite at his feet and ankles as they run; all she wants to do is play. MY QUESTION: IS THERE A REASON THE BOXER IS BECOMING MORE AGGRESSIVE? What can we do to remedy the situation? And What are my options as the owner of the other dog? It's hard to separate them but I don't want him to pick up her bad habits. Thank you. ******** 10 month old boxer is fence jumping! HELP!? My 10 month old Boxer has started jumping the fence when i leave. How can i keep him in the yard when i leave?? Thanks! . 1 year ago Additional Details 'f11~fenCeis6'4'Landl'ves~ehl1irT1julllpit; There's nothing boosting him up there. 1 year ago .........................................................................................., #2 q92-07 -2009, 08:43 PM 0~- Join Date: Mar 2002 boxmom 4ill Location: USA, Illinois Posts: 983 Completely Boxer Crazy I El =.-1 ~ , Shhhhhhh! Don't give my boxers any ideas ~ Fred could easily clear our fence, but he does not know that. For some reason none of ours have ever figured it out (I am knocking on wood, and counting my blessings as I type). If you do some sort of runner, you just have to be extremely careful that there is nothing in the way to cause injury to Tyson should he get tangled. Could you possible just add a section of fencing to the top of the low area? Diana Bailey & Blake (waiting at the Bridge) Lucy fawn girl(red) w/floppy ears Fred brindle boy 41P2-08-2009, 11 :08 AM 0-- JokersSoul4il Join Date: Jan 2009 Location: Colorado Boxer Booster Posts: 159 ~ I ~ =----1 Cooper doesn't jump the fence.. he CLIMBS it! He runs full tilt boogie and lands on the railing that holds up the boards and hangs his paws over the top of the fence. He intimidates the Dachshunds next door. LOll I am still trying to figure out a way to stop this behavior. I would recommend putting up extra fence. I would talk to your landlord about it. I am sure as long as you do a good job that he won't mind. -Kari Mom of Coopertown P. Williams. (Cooper) Male, Fawn, Docked, Floppy, Almost 1. Born - February 23, 2008 41P2-08-2009, 03:52 PM ~ ELubas [jiI Join Date: Aug 2002 Location: Danvers, MA x Boxer Insane Posts: 3,458 ~ Ig"'-.--~ My girlca,'l "jump" a fiveJoot fence, aridundertherightconditi()hs<can getoyer a six foot. It's unbelievable when they are inclined to jump. I would hesitate to put a tie out on a "jumper" as he could hurt himself trying to jump the fence. If you can't add to the fence then you probably need to be with him. I have to be out there with my girl but I will say we have spent that time learning not to "touch" the fence. So after almost three years she now knows she can go to the fence but cannot "touch" it. Good luck! ..., Eileen 4192-09-2009, 12:01 PM Join Date: Jan 2005 10j Murp.mm[il Location: Newfoundland, Canada Boxer Insane Posts: 3,130 ~ Member's Picture Albums I Gl ::=.-1 Ms. AIi has no interest in jumping. It might be that she's just too lazy but my friend's 6oxefH~~cl~ared ah8ft.fehce. I couldn't believe it when she told me but lately every time we go to the ball field to let the dogs run he clears the fence which is easily 6 ft. or more. Ms. Ali just looks at him like "what in the heck are you doing"? So now we walk them together because it's just not safe. He could be killed in a flash. Good Luck. (Mom to Ali, fawn & white boxer 2004-03-15); Bailey male mini-poodle 2002-04-09 (Nanny to Abby- shep/lab mix rescue- blind -2005) Mr. Sook - Sept 20, 1993- Oct 4/08 Waiting at the bridge RIP sweetie #9 4192-09-2009, 12:30 PM sargboxerluv 4iI Join Date: Jun 2008 Location: USA - Westlake, OH Super Boxer Posts: 348 ~ I Gl ="~-1 I fostered a male boxer arouncLone year old who stood still and then jumped straight up and over a 4 foot baby gate. I have no doubt in my mind he could .clear 8 ft with a running start. I would talk to the landlord and see if they will let you add something that is removable when you move out. 8 -- -- 4192-11-2009, 11 :08 AM 0-- Join Date: Apr 2008 DixieDoo ~ Location: USA, Nitro, West Virginia Posts: 26 Boxer Pal I 0 ='----i my Dixiegoesovefa six foofprivacy feoce,asWell as chain link. I need to get an invisible fence or a remote trainer. The whole idea of finding her choking or dead on a skyline isn't appealing. She doesn't do it all time, but more than I'd like. Dixie- Fawn, Floppy & Docked born Feb 1st 2008 Kane- Brindle, Floppy & Docked- Sept 3rd 2004 Blue & Bella- APBTs Nomar, Sophie, Jolie, Lily, Tink, & Jake-Chihuahuas 4192-13-2009, 11 :03 AM o --- Join Date: May 2008 joeys mom ~ Location: USA, Tennessee Boxer Insane Posts: 2,376 ~ I 0 :-.-t JoeyWilljulTlpafence inClheart beaf""ithrT1~staodingrightthere, I guess he is proud of himself and wants to show off for me but I am NOT amused. Joey is an indoor dog too and I don't have a fenced in back yard but i do have a very large play area tat he can run and play in, so we had to put a wire edging, that is about 2 feet wide, around the top that leans inward so when he jumps he touches it and wont attempt to go over. I can leave him unattended and not have to worry about him. You can get the stuff you need at any local hardware store and it is inexpensive. Colista .... Joey's mom 3/15/07 male fawn, docked & floppy 4192-13-2009,04:02 PM 41 ~ o --- Indy's mom ~ Join Date: Dec 2004 Location: Milwaukee and Oxford, Wisconsin Boxer Insane Posts: 1,638 ~ I ~ .."."--t My Rascal ~as a fence jumper, made me crazy. The funny part was that he didn't start doing it until he was about 4 years old. A taller fence solved our problem. Now my Indiana can't even be bothered to lift his own backside to get into my truck without prodding, no jumping problem with him. 411 I'd talk to the landlord about a higher fence as well. Good luck. 6