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HomeMy WebLinkAboutCC- June 16, 2009 C I T Y O F ND OVE © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Tuesday, June 16, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Recognize Andover Recycling Achievement Award Resident Forum Agenda Approval 1. Approval of Minutes (6/2/09 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Feasibility Report/Waive Public Hearing/09- 25/13758 Round Lake Blvd. NW /WM -Engineering 4. Approve Plans & Specs /Order Advertisement for Bids /09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment - Engineering 5. Approve Resolution Affirming the City of Andover as a Fit - Friendly City — Administration © 6. Accept Update on Various Planning Cases - Planning Discussion Items 7. Anoka County Sheriff's Department Monthly Report — Sheri 8. Consider Declaring Dangerous Dog - Administration 9. Consider Accept Petition/Order Feasibility Report/08- 20A/Clocktower Commons Turn Lane Improvements - Engineering Staff Items 10. Schedule EDA Meeting — Administration 11. Schedule July workshop — Administration 12. Reschedule August 4, 2009 Council Meeting - Administration 13. Administrator's Report -Administration Mayor /Council Input Closed Session Discuss Litigation - Precision Sealcoating, Inc — Administration/Engineering Adjournment ff` N3 ? C I T Y i ' 0 � fur S�te REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 16, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 16, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others PLEDGE OFALLEGL4NCE RECOGNIZEANDOVER RECYCLINGACHIEVEMENTA WARD Mr. Dickinson introduced Cindy DeRuyter who recognized the residents of Andover for their recycling efforts. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES June 2, 2009, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, line 23, after "her lease and that of the other two tenants ". Line 24 after "has three suites with long term leases Line 28 add: "Ms. Sherman she contacted the City to information and was later told by the Mayor she should come to the meeting to discuss this with the Council ". Line 36 insert " agreed the space was all leased by Mr. Yonkee's tenants, none of whom were Mr. Sudd © Regular Andover City Council Meeting Minutes —June 16, 2009 Page 2 Councilmember Trude stated on page 6, line 1, the sentence should read "Mr. Larson showed the Council the building layout and where Mr. Sud will be leasing ^ffl^° spaee from him. Add the sentence " Mr. Larson indicated on the drawing how the buildinF4 could be remodeled to meet State requirements for offices of an auto dealer. He acknowledged the spaces are already leased by MN Irri ag tion Councilmember Trude added another sentence after line 2 on page 6: "Ms. Aus- Sherman stated the leases did not allow a sublease ". Councilmember Trude stated there is a typing error on page 9, line 11 "waster" and page 11, line 5 should be 1930's. Councilmember Trude asked on the auto dealer's license their motion they pulled was typed to deny the item but she wanted to go back to page 6, line 30, the motion by Councilmember Trude, seconded by Councilmember Bukkila was to deny the CUP. Motion by Trude, Seconded by Bukkila, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Accept Feasibility Report/Waive Public Hearing /05- 25/13758 Round Lake Blvd. NW /WM (See Resolution R047 -09) Item 4 Approve Plans & Specs /Order Advertisement for Bids /09 -22 /Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment (See Resolution R048 -09) Item 5 Approve Resolution Affirming the City of Andover as a Fit Friendly City (See Resolution R049 -09) Item 6 Accept Update on Various Planning Cases Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVEANOSA COUNTYSHERIFFDEPARTMENTMONTHLYREPORT Investigator Scott Nealy, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. CONSIDER DECLARING DANGEROUS DOGS Mr. Dickinson explained on June 9, 2009 two dogs left their property and attacked a woman and her dog causing injury. He showed photos of the incident. Regular Andover City Council Meeting Minutes —June 16, 2009 Page 3 Mr. Dickinson reviewed the staff report with the Council. Councilmember Jacobson asked if both dogs are licensed. Mr. Dickinson stated that initially staff thought that both were licensed but later clarified that when both dogs were quarantined, the City found out that the Boxer was a female dog and the one that the City licensed was a male Boxer dog. They relayed this information back to law enforcement. Councilmember Jacobson asked if that meant one dog is licensed and the other one is not. Mr. Dickinson stated that is correct. Councilmember Trude asked if they had the follow up on the rabies on the dog that bit the person. Mr. Dickinson stated he did not have any new information on that at this time. Councilmember Trude wondered if the victim had concerns with the issue of rabies. Mr. Dickinson stated in order for the owner to license the dog they needed to show the City proof of a rabies vaccination, but it was noted the dog in question bit the victim's dog, not the victim. Mayor Gamache stated the Pitbull was the one who did the most bite damage to the human and that dog has had rabies shots. Mr. Dickinson indicated that is correct. Councilmember Knight asked if there was provocation by the victim towards the dogs. .Mr. Dickinson did not believe there was any provocation by the victim, and none was described in the incident report. Councilmember Knight asked if the owner of the dogs was in the yard at the time of the attack. Mr. Dickinson stated one of the owners were in the yard and aware there was an incident that took place. Councilmember Jacobson noted in the police report it says "It was not believed that the owners or occupants of the residence would be able to comply with the self quarantine procedures therefore the dogs were taken away." He asked if the owners could not or would not comply. Mr. Dickinson stated based on past history of the owners the dogs were taken away. Councilmember Trude indicated there were previous situations with these owners involving dogs and thought it was a situation where they should license some owners and whether they should be able to maintain and keep dogs on their property. Mr. Dickinson stated they looked at the nuisance potential but that is relative to the dog and they cannot prove that based on past police reports it was specifically these two dogs. It was noted the owners of the dogs were not at the meeting. Motion by Jacobson, Seconded by Bukkila, to declare the Pit Bull as a dangerous dog. Motion carried unanimously. See Resolution R051 -09 Motion by Jacobson, Seconded by Bukkila, to declare the Boxer Mix as a dangerous dog. Motion carried unanimously. See Resolution R050 -09 © Regular Andover City Council Meeting Minutes —June 16, 2009 Page 4 Councilmember Trude asked what the owner's options are. Mr. Dickinson stated there are a series of situations that is going to have to take place. The first is upon notification of the dangerous dog declaration; the owners get a certain time frame to comply with what City Code outlines. The ten -day quarantine has not expired and will not until Thursday, June 18, 2009. The dogs are in possession of the City and in order for the owners to get their dogs they need to pay the holding fees and the one dog that is not licensed will need to be licensed and if they cannot prove a rabies shot, it will need to get one. There are significant costs associated with the owners getting their dogs back. They may have to contemplate before they pick the dogs up if the dogs should be put down. If the owner does not respond to the City's request to get their dogs the City will put the dogs down. Councilmember Trude thought there were a lot of families in the neighborhood that were alarmed as they witnessed what has happened. Mayor Gamache asked what kind of action the City can take to prevent these people from owning these types of dogs. He indicated he did not see anything in the City Code in regard to © this. He thought they may want to have a discussion with the City Attorney regarding what they can do. Councilmember Knight asked if there was a kennel on the property. Mr. Dickinson did not believe so but indicated he did not tour the property. Councilmember Jacobson thought the only way to deny someone's rights to own a pet is to prove through the court system and have the judge decree that the people have lost that right and it would have to be on the City to go through that. Councilmember Bukkila wondered if there is a way they could amend their licensing based on the behavior of the owner. Mr. Dickinson stated as far as Statute, the only one he is aware of is you cannot design something to be dog breed specific. Other criteria would need to be referred to Legal Council and brought back to a future Council meeting. Mayor Gamache asked if anyone wanted to speak on this item. No one wished to address the Council. CONSIDER ACCEPT PETITION /ORDER FEASIBILITY REPORT /08 -20AI CLOCKTOWER COMMONS TURN LANE IMPROVEMENTS Mr. Berkowitz stated the City has received petitions from three property owners within Q Clocktower Commons requesting access improvements, Project 08 -20A. Mr. Berkowitz reviewed the developer questions submitted via letter and the City staff responses with the Council. p Regular Andover City Council Meeting Minutes —June 16, 2009 Page 5 Councilmember Trude wondered how they could make this an economical use of all the work that has been done to date and engineering standards should address the quality of the project so is there a way staff can capture the eighty percent of what has been done. Mr. Berkowitz stated the percentage that has been done is debatable and all they have seen is a concept view. They have never seen a cross section or it being broken down to that point. The way it has worked in the past is the information that has already been gathered has been turned over to the City and they utilize that information so they do not need to go back out and survey it. They take all that information and prepare the plans based off of what the final concept plan is. Councilmember Jacobson stated they had three petitioners for the 429 process and it is his understanding that one of the three lots is not entirely within the ownership of the company and have they signed off on this to make it a true 429. Mr. Dickinson did not believe that as part of a contract for deed, as in a past project, the underlying cooperation is not necessary until the point in time of assessment where then they would sign off at that point. He anticipated the owners are knowledgeable of where this is at and until a feasibility report is accepted they do not have a pending assessment. © Councilmember Knight asked if the non - petitioners who benefit assessed. Mr. Berkowitz stated they may be. He explained how it would be assessed. Motion by Jacobson, Seconded by Bukkila, to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 08 -20A, Clocktower Commons Turn Lane Improvements. Mr. Tom Roberts, BDT Land, LLC, 6484 Pinnacle Drive, Eden Prairie, stated they have met with Marathon and McDonalds and he thought most owners wanted this figured out and to get it done. He wanted to reiterate that they did not think all these improvements are needed today. They are doing this as a compromise. He thought they were trying to move forward to get this project done in a reasonable amount of time and reasonable cost. He thought most everyone will go along with it. Mr. Roberts stated they would like to add the $5,000 for a feasibility report into the project if possible. Councilmember Trude asked who paid for the traffic study for the property to the south. Mr. Roberts thought the traffic study was done and they paid for that. Mr. Berkowitz stated the traffic analysis has been reviewed and is acceptable to provide a three quarter access both to the Clocktower Commons property and Mr. Holasek's property. As far as the $5,000 for the feasibility report, there is a little exposure the City is out if this project does not move forward. It the project does not move forward they do not have any way to collect the money. If the project moves forward the $5,000 is refunded back to the petitioner and then staff costs are rolled into the project costs. © Mr. Roberts stated if they do not get this project he will lose another $5,000 and that is his concern. He stated he was told the feasibility study could be done by next Tuesday. Mr. Dickinson stated by next Tuesday they will not have full design but preliminary numbers will be available. If it is the $5,000 for feasibility and if it goes forward there is some benefit to the Regular Andover City Council Meeting Minutes —June 16, 2009 Page 6 City. He stated if that is the crutch to not go to the next step he would like to waive the $5,000, which would be his recommendation. Councilmember Jacobson asked if this has been done for anyone else. Mr. Dickinson indicated they have done this for some reconstruction projects and some projects on county roads in the City. Councilmember Jacobson stated the only reason he is a little leery about saying they should do it is because a couple of years ago there was a lawsuit and this was one of the issues. He would like to get a legal opinion on this. Councilmember Bukkila agreed and going back to how the basic approach was that the businesses are struggling and they wanted to do something to improve their access. This is essentially their project, they own it and now she has heard the City is going to make a contribution which is news to her. She did not know if getting public funds involved in the project to enhance a business is appropriate. © Mayor Gamache stated if they approved this tonight the $5,000 is in the resolution so he did not know how they would bring it back. Councilmember Trude stated the last time they talked about this they were going to have a project come back with striping in the middle and now they have concrete and the costs have gone up. The traffic study was paid for by the applicant for land they do not even own so she could understand the applicant's concern about this. Councilmember Knight called the question and would like to see this referred to the City Attorney for review. Mr. Winslow Holasek stated he met with Darren Lazan and was in favor of the concept. He stated in the drawing there are turn lanes for Clocktower Commons along with future turn lanes to his property so in the future would this require another 429 for the south side. Councilmember Trude thought it would unless Mr. Holasek wanted to build his portion now. Mr. Holasek explained there would be nothing to support the improvement to his property at this time. Mr. Dickinson stated it is dependent on what would be developed on the south side. Mr. Berkowitz reviewed with the Council the current plans along with possible future improvements to the south side of the road. Councilmember Jacobson called a point of order. Mayor Gamache clarified his position. Mayor Gamache stated there was mention about wanting the project but not sure when it would be built. Mr. Roberts stated he would like to build this as soon as possible. Motion carried unanimously. See Resolution R052 -09 Q Regular Andover City Council Meeting Minutes —dune 16, 2009 Page 7 SCHEDULE EDA MEETING The Council is asked to schedule an EDA Meeting for Tuesday, July 7, 2009. Motion by Jacobson, Seconded by Knight, to schedule an EDA Meeting for Tuesday, July 7, 2009 at 6:00 p.m. Motion carried unanimously. SCHEDULE JULY WORKSHOP The Council is asked to schedule to a July Workshop for July 28, 2009. Mayor Gamache indicated he would not be able to make that meeting. Councilmember Jacobson suggested delaying a date in order for the Council to see what date would be good for everyone. Mr. Dickinson stated they could do that. Q RESCHEDULEAUGUST 4, 2009 COUNCIL MEETING The Council is asked to reschedule the August 4, 2009 City Council meeting due to the Night to Unite Evening, previously National Night Out. Motion by Trude, Seconded by Bukkila, to reschedule the August 4, 2009 City Council meeting for August 5, 2009 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, CIP Projects and meetings. City Engineer Berkowitz updated the Council on road improvements projects in the City. MAYORICOUNCIL INPUT There was none. ® Motion by Jacobson, Seconded by Bukkila to recess the meeting and to go into a closed session to discuss pending litigation at 8:50 p.m. The Council reconvened to adjourn at 9:12 p.m. Regular Andover City Council Meeting Minutes —June 16, 2009 Page 8 Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:12 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 10 Regular Andover City Council Meeting Minutes —June 16, 2009 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 16, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................... :.............................................. 1 RECOGNIZE ANDOVER RECYCLING ACHIEVEMENT AWARD ........ ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Accept Feasibility Report/Waive Public Hearing/09- 25/13758 Round Lake Blvd. NW /WM (Resolution R047- 09) .......................:...................................................... ............................... 2 Approve Plans & Specs /Order Advertisement for Bids/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment (Resolution R048- 09) ............... ............................... 2 Approve Resolution Affirming the City of Andover as a Fit - Friendly City (Resolution R049- 09) ....................................................................................................... ............................... 2 Accept Update on Various Planning Cases ................................................. ............................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT .................... 2 CONSIDER DECLARING DANGEROUS DOGS (Resolution R050 -09 & Resolution R051 -09) ..................................................................................................................... ............................... 2 CONSIDER ACCEPT PETITION /ORDER FEASIBILITY REPORT /08- 20A/CLOCKTOWER COMMONS TURN LANE IMPROVEMENTS (Resolution R052 -09) .... ............................... 4 SCHEDULEEDA MEETING ........................................................................ ............................... 7 SCHEDULE JULY WORKSHOP .................................................................. ............................... 7 RESCHEDULE AUGUST 4, 2009 COUNCIL MEETING ........................... ............................... 7 ADMINISTRATOR REPORT ........................................................................ ............................... 7 MAYOR /COUNCIL INPUT ........................................................................... ............................... 7 ADJOURNMENT............................................................................................ ............................... 8