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CC - August 4, 2011
C I T Y O F ,ND OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Thursday, August 4, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/19/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Resolution to deny conditional use permit/outdoor storage/ABC Mini Storage/13624 Hanson Boulevard NW - Planning 4. Award Bid/11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion - Engineering 5. Approve Massage Therapy License/City Chiropractic & Massage —Administration 6. Approve Name for Open Space Site/North Woods Preserve — Planning 7. Approve Dental Renewal and Employer Contribution - Administration Discussion Items 8. Consider Declaring Dangerous Dog/15571 Potawatomi St. NW —Administration Staff Items 9. Schedule August EDA meeting -Administration 10. Administrator'sReport —Administration Mayor/Council Input Adjournment 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 Administr FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: August 4, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: July 19, 2011 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, YQw"�� Michelle Hartner Deputy City Clerk Attach: Minutes O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING — JULY 19, 2011 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 19, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, and Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others PLEDGE OFALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache noted the following Agenda changes: Supplemental Information for Agenda Item 7: Anoka County Sheriff Monthly Report Move Consent Agenda Item 4: Approve Emerald Ash Borer Management Plan/10-31—Engineering to Discussion Move Consent Agenda Item 5: Approve Fee Ordinance No. 400 — Community Center to Discussion. Motion by Trude, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES June 28, 2011, Workshop Meeting: Correct as amended. Councilmember Trude requested the following corrections: Page 2 — Line 38, strike "lower ranked" and add "higher". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — July 19, 2011 Page 2 Page 3 — Line 29; add the word "continue" after the word "to". Page 3 — Line 33, strike the word "residents" and add "residents"' Page 3 — Line 33; remove the comma after the word Andover. Page 5 — Line 5, strike the word "to" after objection and add "of' Page 6 - Line 4; insert the word "financial" before commitments. Motion by Trude, Seconded by Bukkila, to approve the minutes as amended. Motion carried unanimously. July 6, 2011, Regular Meeting: Correct as amended. Councilmember Trude requested the following change: Page 1— Line 40, strike "trans" and add "trained". Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. July 6, 2011, Closed Session Meeting: Correct as amended. Councilmember Trude requested a correction on page 4, line 2, to change the word "baring" from "Barring" Councilmember Jacobsen requested a correction on Page 2, Line 29, change the comma to a period. Councilmember Trude requested the following changes: Page 6, Line 31 — strike "topples over" and add "flows over". Page 6, Line 31— strike "it is at the easement line for all the properties, so it is up to where the City takes easement over", and add "water is contained within the easement. The City requires the easement to be at or near the 100 year flood elevation." Page 7, Line 23 — after the word "problem" add a question mark. Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — July 19, 2011 Page 3 Item 2 Approval of Claims Item 3 Approve Bond Payments hem 4 Appreve Emerald Ash Ber—en;anagement Plan / 10 2-- Moved to discussion Item 5 Approve Ordinance Summaries Item 6 Approve Fee Ordinance�!e.49A—Moved to discussion Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as revised. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Commander Kevin Halweg from the Anoka County Sheriff's Office provided the Council and the citizens of Andover with an update on law enforcement activities for the month of June 2011 within the City. CONSIDER CONDITIONAL USEPERMIT/OUTDOOR STORAGEIABCMINI STORAGE/ 13624 HANSON BOULEVARD NW Mr. Carlberg reviewed the staff report with the Council and presented the request of ABC Mini Storage to utilize the open area along the west side of the site for parking of vehicles and trailers as part of its business. Exterior storage in the Industrial Zoning District requires a conditional use permit (CUP). Mayor Gamache noted there is no other storage facility such as this in the City. The applicant is offering to update this site, which is an improvement over what is there and the site will look the same from Hanson Boulevard. He suggested the site could be updated easily without spending a lot of money. Mayor Gamache pointed out there is no reason to consider parking needs since people would be dropping off their storage items, and leaving. There is only one employee at a time. There will also be a surveillance camera, making this a secure site. Mayor Gamache commented there is a need for this in the City. He suggested more slatted fence and moving forward with the plan as recommended by the Planning Commission. Councilmember Bukkila questioned how tall the fence is. Mr. Carlberg responded it is 6 feet. He noted Planning and Zoning Commission stated it could be taller. Councilmember Bukkila stated she is concerned regarding the viewpoint from Bunker Lake Boulevard. She asked if there is a way to conceal anything taller than 6 feet. She asked if there will be semi trailers. Mr. Domagalla, owner of ABC Mini Storage, explained there is an elevation from the fence line to where the storage will be. The line of sight drops down from the fence line. He said he receives requests for boats and campers. He did not think there would be a height issue. He noted there will not be semi trailers. There is not sufficient room to maneuver them inside the facility. Councilmember Trude noted this was first submitted to the Council in March. At a recent meeting, a new City Ordinance was adopted that allows a variance to be granted when there are practical 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —July 19, 2011 Page 4 difficulties. She thought there are no practical difficulties in this situation because it is just a landscaping issue. Mr. Domagalla stated the City is asking him to add 150 shrubs and trees. He commented he would do what he can, but there is not a lot of room for trees. He said he would be satisfied with trees and bushes, however if the slats in the fence was removed, it would reduce privacy. He noted there were trees along the power line, but there were removed several years ago. Mr. Carlberg noted the direction of the Planning Commission was to do nothing that would encroach on the easement. He reiterated that Mr. Domagalla would put in shrubs and trees instead of the slats in the fence, though it is unclear whether that would look better. Councilmember Jacobson stated he is voicing a disclaimer that he was a consumer of one of the units a few years ago, and had a chance to visit other storage facilities. Some of them are not pleasing to the eye, and he is concerned that could happen to this facility. He also noted he was concerned with how much is visible from the north, and the number of variances required. He pointed out the City spent $11 to $13 million to clean up junk yards, and he would not want to see this area crowded with parked vehicles. He declared he has no issues with the covered storage. Councilmember Knight stated the City does need storage and the fence could be made higher, if necessary. He noted the privacy would be preserved and it would satisfy the visibility factor. He advised a height restriction on the outside storage could be added to the variance. Councilmember Trude stated the City is working toward getting all vehicles garaged and noted if the business could be expanded for more indoor storage; there would not be a problem. However, if the City allows Mr. Domagalla to store items outside the garages in this situation, it could set a precedent. Mayor Gamache pointed out the City Code is asking the applicant for curb and gutter. It is not economically feasible for him to do that. Mr. Carlberg suggested adding in conditions to this variance, since it is a conditional use permit. The City can specify the types of materials to be stored outdoors. Mayor Gamache advised to add a height restriction as an additional item to the permit. Mr. Dickinson responded that most travel trailers and motor homes are 26 to 40 feet in length, and about 11 feet in height. A fifth wheel trailer or a coach could be a few feet taller. Mr. Domagalla said he is considering space for only 22 vehicles and has a corner identified for snow storage. He noted he would not be double parking the vehicles; they will be lined up like the storage units. Mr. Dickinson explained if the Council would like to deny the resolution, the Council can direct staff to complete the findings of fact and bring them forward at the next meeting. Regular Andover City Council Meeting Minutes — July 19, 2011 Page 5 1 Motion by Jacobson, Seconded by Trude, to deny ResolutionNo.R054-11, Approving a Conditional 2 Use Permit for Outdoor Storage with Variances for ABC Mini Storage Located at 13624 Hanson 3 Boulevard NW and to direct staff to complete the findings of fact to be submitted for approval at the 4 next City Council meeting. 5 6 Mr. Baumgartner explained the Legislature suggested the "practical difficulty" wording without a 7 specified definition, providing significant flexibility at the local level, future case law will like 8 determine the constraints. 9 10 Councilmember Bukkila said the change in business will alter the character of the property, which 11 was the primary reason for her to deny. Councilmember Trude said she is concerned that Kwik Trip 12 was required to put in a lot of landscaping, and this facility will not have any added landscaping. 13 14 Motion carried 3 ayes, 2 nays (Knight and Gamache). Mayor Gamache indicated that he thought the 15 CUP would have provided a needed service to the community. 16 17 CONSIDER CONDITIONAL USE PERMIT I USED VEHICLES SALES/3138162ND LANE 18 NW 19 20 Mr. Carlberg reviewed the staff report with the Council and presented the request for used vehicles 21 sales in the General Business Zoning District at 3138 162nd Lane NW. It was noted the Planning 22 Commission recommended approval of the proposed CUP with the conditions listed in the draft 23 resolution. 24 25 Councilmember Trude clarified the owner is not planning to have a lot of cars on the property. She 26 questioned whether the owner would be satisfied with a limit of 5 cars at a time. She also inquired 27 what the hours of operation would be. She advised the permit hours could be listed as "not to 28 exceed" a certain number of hours and the owner would advise the City what his preferred hours 29 would be. 30 31 Mr. Jason Hemp, the applicant, replied the restriction of 5 cars is satisfactory. He noted he did not 32 wish to restrict indoor business, but he would restrict hours for outdoor business. 33 34 Councilmember Trude requested the owner develop a landscape plan that the Planning Department 35 could approve. The plan would need to be carried out and finished in a reasonable amount of time. 36 Mr. Hemp agreed to develop a landscape plan. 37 38 Mayor Gamache questioned what the dirt road is being used for. Mr. Hemp indicated it has been 39 used for access. He clarified he is renting only one building in this facility, which is the front 40 building. 41 42 Mr. Carlberg pointed out there was not a discussion about the second access point at the Planning 43 and Zoning meeting, and based on this discussion a specific condition could be added to the approval 44 addressing the access. Regular Andover City Council Meeting Minutes — July 19, 2011 Page 6 2 Motion by Jacobson, Seconded by Knight, to approve Resolution No.R055-11 ApTroving 3 Conditional Use Permit for Used Vehicle Sales on Property Located at 3138 162" Lane NW. 4 Motion carried unanimously. CONSIDER USED VEHICLES SALESLICENSEIXCELPROPERTIES/3138162"LANE NW 9 Mr. Carlberg reviewed the staff report, noting the ordinance for vehicles sales requires approval 10 of a business license. 11 12 Motion by Jacobson, Seconded by Knight, to Approve the Used Vehicle Sales Business License 13 for Xcel Properties, 3138 162°d Lane NW, the license to require proof of State licensing and 14 meeting all requirements of the State. Motion carried unanimously. 15 16 CONSIDER VARiANCETOACCESSORYSTRUCTUREHEIGHTREQUIREMENTS/CITY 17 CODE 12-6-3 /18046 ROUND LAKE BOULEVARD 18 19 Mr. Carlberg reviewed the staff report and presented the variance request to construct an accessory 20 structure that would exceed the height of the house. City Code 12-6-3 does not permit accessory 21 structures to exceed the height of the house. It was noted the Planning Commission recommended 22 approval with the conditions, on a split vote, with dissenting Commissioners expressing concern 23 relating to the location of the garage in front of the house and the potential to modify the roof of the 24 accessory structure to meet the ordinance requirements. 25 26 Councilmember Jacobson confirmed the proposed garage is in front of the structure. Mr. Carlberg 27 stated it is and is 2 feet, 8 inches higher than what the ordinance allows. 28 29 Councilmember Trude suggested adding verbiage to the variance resolution such as: "heavy 30 forestation to the site, blocking the view from the street and neighboring homes," and add a clause 31 stating, in effect, that other homeowners will not have a direct view of this structure to support the 32 variance. 33 34 Councilmember Jacobson stated while he is sympathetic, the Council must abide by the law. This is 35 a variance, and the principles have to be applied as in the first case. The reason for the structure is 36 storage. He asked if there is a practical way to use another storage space without building on to the 37 structure. He also questioned whether this met the practical difficulty clause in granting a variance. 38 39 Mayor Gamache noted the ordinance states the storage structure must be lower in height. In this 40 case, the storage building is a lower elevation, so the height will look lower than the garage. 41 42 Councilmember Bukkila agreed with Councilmember Jacobson in abiding by the law. She noted the 43 Council would like to approve the variance since it would likely not affect any other resident. 44 Regular Andover City Council Meeting Minutes — July 19, 2011 Page 7 1 The homeowner explained there is a daycare in the home, and there is a considerable amount of 2 storage needed. Also, she said they would like to garage their tractor and trailer, which is another 3 reason for the remodeling. She noted they read the requirements online before purchasing the house. 4 She explained one of the neighbors has a garage that is considerably taller than their house, but the 5 peak is still lower. She explained what they are asking is reasonable and is something they 6 researched for five years before bringing their request to the City. 7 8 Motion by Knight, Seconded by Bukkila, to Approve Resolution No.R056-11 Approving a 9 Variance to the Garage Height Requirements of City Code 12-6-3 for Property Located at 18046 10 Round Lake Boulevard NW Legally Described on Exhibit A. Motion carried unanimously. 11 12 13 CONSIDER VARL4NCE TO ACCESSORY STRUCTURE LOCATION AND SETBACK 14 REQUIREMENTS/ CITY CODE 12-6-5 /13367 MARTIN STREET NW 15 16 Mr. Carlberg reviewed the staff report and presented the variance request to allow an existing 17 accessory structure to remain at its present location in the front yard of the property at 13367 18 Martin Street NW. It was noted the Planning Commission recommended denial based on the fact 19 that there is a location along the side of the garage where the accessory structure can be placed in 20 compliance with the City Code. 21 22 Christina Collison, 13367 Martin Street, applicant, explained she contacted neighbors who have a 23 view of this structure, and they stated they did not mind that it is at this location. She acknowledged 24 the structure could be moved closer to the house, though it would not change anything. She said 25 when they put it in; they thought they were building it on the side yard. It is between trees, and 26 partially screened by them. 27 28 Councilmember Knight questioned whether it can be moved without being taken down. Ms. 29 Collison answered it could be pulled out of its location. She pointed out the structure has the same 30 siding and shingles as their house, so it very clearly is part of their residence. 31 32 Mayor Gamache suggested the applicants move the shed alongside their garage, though he was 33 unsure if the lot line was too close. Mr. Carlberg explained the Planning Commission discussed that 34 option, and decided it could accommodate the shed. 35 36 Councilmember Bukkila questioned whether a retaining wall could be installed. Mr. Carlberg 37 responded one could be added. 38 39 Councilmember Trude suggested the applicants discuss next steps with staff. She noted the 40 placement of this shed is not allowed in this part of the City for safety and aesthetic reasons and 41 acknowledged the lot is irregular and limiting. 42 43 Motion by Trade, Seconded by Jacobson, to Approve Resolution No.R057-11 Denying a 44 Variance to the Accessory Structure Location and Setback Requirements of City Code 12-6-5 for Regular Andover City Council Meeting Minutes —July 19, 2011 Page 8 1 Property Located at 13367 Martin Street Legally Described as Lot 4, Block 2, Emerald Glen, 2 Anoka, Minnesota. Motion carried unanimously. 3 4 REVIEWSURVEYAND OPTIONS FOR 149THA VENUE DRAINA GE CONCERNS/11-32 5 6 Mr. Dickinson reviewed the staff report and summarized the survey results relating to drainage and 7 utility easements along 1491h Avenue NW, a portion of the Woodland Estates Development. 8 9 Councilmember Jacobson clarified the current grading is 1.5 feet higher than the original grading 10 plan. Mr. Berkowitz confirmed. 11 12 Tom Gile, Coon Creek Watershed District representative, was present to address questions. 13 14 Mr. Dickinson outlined the options as listed in the Council packet. He explained the big question is 15 what should happen with all the encroachments. He noted if the storm pipe was redirected, who 16 would take financial responsibility. He proposed the residents that could be benefit by a vacation of 17 a significant portion of the drainage and utility pay for having the storm pipe redirected in exchange 18 for a vacation of easement. He said in essence, the residents would gain control of their back yards 19 for the cost of the pipes. 20 21 Mr. Berkowitz explained the water has been contained within the easement. The water is in the low 22 area and does flow to the west. During heavy rains, the water hits the overflow point and sits on 23 properties. It is not draining out toward the large wetland to the south. 24 25 Mr. Gile explained originally, a portion of the easement was delineated as wetland, and grading 26 would not have been allowed. As staff indicated, he agreed there seems to have been some kind of 27 modification. 28 29 Councilmember Knight questioned how dry the area would become if it did drain to the south. Mr. 30 Dickinson replied it depends on the amount of groundwater. 31 32 Mr. Gile stated there would likely need to be some review by the Watershed District. He said he 33 would want to review the rate of erosion and reviewed the history of the site with the Council. 34 35 Councilmember Jacobson clarified the two options are to either re -grade the drainage and utility 36 easement, or to redirect the pipe. Mr. Dickinson answered in the affirmative. 37 38 Councilmember Bukkila expressed concern that the City is making a decision on what to do with a 39 resident's property. She noted that not all of the facts are known and she did not want to make a 40 decision on the homeowner's behalf. 41 42 Mr. Dickinson noted there are a significant number of encroachments into the drainage and utility 43 easements by the residents, and asked the Council what they would want staff to do with those. 44 Regular Andover City Council Meeting Minutes —July 19, 2011 Page 9 1 Mr. Berkowitz suggested the City meet with the School District. If the water was discharged from 2 the municipal storm sewer system, the City would require an easement over the entire pond. It then 3 becomes the City's responsibility to maintain. He thought that may be acceptable to the school and 4 noted a rough cost estimate was completed, at roughly $16,000 to $17,000. This would include the 5 initial design, permitting, construction, but no modifications to the pond on the school property. Mr. 6 Berkowitz added it would be beneficial to meet with the residents and the school to explain what 7 would happen. 8 9 Cathy Vetter, 2274140th Avenue, questioned whether the residents can complete the grading on their 10 own. Mr. Berkowitz answered all the properties would need to participate to make the area conform. 11 12 Mr. Dickinson added an agreement would need to be signed to hold the City harmless for the 13 encroachments. 14 15 Colleen Kauffenburg, 2244149th Avenue, noted there has been acknowledgement that this easement 16 is not working as designed. She asked where evidence was that it could be repaired by grading it as 17 originally planned. The survey only shows the current grade of the land, which doesn't help to give 18 direction. 19 20 Councilmember Jacobson asked if the drainage would still work correctly if the City did no 21 improvements. Mr. Berkowitz answered it would. 22 23 Mayor Gamache noted the original plans showed where the water would flow through the drainage 24 easement. It did work prior to this year. 25 26 Ms. Kauffenburg explained this problem started happening well before the rains; it started in April 27 before the rain. She suggested looking past the recent record rain and considering the entire issue. 28 29 Mr. Dickinson noted the areas identified had the characteristics of a wetland at time of plat. The 30 characteristics allow for water to go on that land once it is pretreated. He noted the pond to the south 31 did not exist when this area was platted so there would have been no right for the City to send water 32 to that pond at that time. The pond was built as part of the construction of Andover High School, 33 34 Mr. Berkowitz further explained it met the design criteria at the time of plat and discharged into a 35 wetland area. To drain it and treat it is a violation so there were no other options at that time. 36 37 Charles Neely, 3410 169th Lane, stated he agreed with the Council that the City should not have to 38 pay. He gave his opinion that private funding should be used to pay for changes on these lots. He 39 said he doesn't live there and doesn't want to have to pay because they knew it was a wetland when 40 they bought it. 41 42 Mayor Gamache directed staff to work with the residents on the storm pipe redirect proposal. Mr. 43 Berkowitz stated he preferred to first meet with the School District to be sure they are on board. He 44 added the intent would be to get this done before winter, dependent on the process and weather. Regular Andover City Council Meeting Minutes — July 19, 2011 Page 10 1 2 The Council agreed with the suggestion of Councilmember Jacobson that staff discuss the issue with 3 the School District and residents, and brings the issue back to the Council in 30 days. 4 5 APPROVE EMERALD ASH BORER MANAGEMETN PLAN/10-32 6 7 Councilmember Jacobson indicated he thought the Emerald Ash Borer Management Plan was 8 too extensive, Councilmember Trude noted it would be used to apply for grants and thought the 9 plan was acceptable and need some detail. 10 11 Motion by Jacobson, Seconded by Knight, to approve the Emerald Ash Borer Management Plan. 12 13 Motion carried unanimously. 14 15 APPROVE FEE ORDINANCE NO. 400 16 17 Councilmember Bukkila requested the child rate be lower than the adult rate. She suggested an 18 adult be allowed to enter at no charge if accompanied by a child. 19 20 Councilmember Knight pointed out the fee structure was to separate resident from nonresidents 21 fees as well. 22 23 Mr. Dickinson pointed out the fee structure is one of the least expensive in the area and that an 24 adult is not charged a fee if they are just there. to watch. 25 26 Motion by Knight, Seconded by Bukkila, to approve Fee Ordinance No. 400. 27 28 Motion carried unanimously. 29 30 STAFF ITEMS 31 32 SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION 33 34 Mr. Dickinson requested the Council schedule a Joint Meeting with the Park & Recreation 35 Commission, noting potential dates listed in the staff report. 36 37 The Council discussed the draft agenda and available dates. The Council indicated it would 38 work best to have the Joint Meeting as part of the August 23, 2011 Workshop meeting. 39 40 SCHEDULE JOINT MEETING WITH CITY OFANOKA 41 42 Mr. Dickinson requested the Council schedule a Joint Meeting with the City of Anoka to discuss 43 topics of mutual concern. He suggested the dates of September 12, or October 10, 2011. 44 Regular Andover City Council Meeting Minutes —July 19, 2011, Page 11 The Council discussed the draft agenda and available dates. Motion by Knight, Seconded by Mayor Gamache, to schedule a Joint Meeting with the City of Anoka on September 12, 2011, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR'S REPORT 8 City Staff updated the Council on the Administration and City Department Activities, legislative 9 updates, updates on development/CIP projects, and meeting reminders/community events. 10 11 Mr. Berkowitz reported the Andover Fun Fest was a success. He noted that the Public Works 12 staff and the Sheriff's Department did an exceptional job. 13 14 Mr. Berkowitz stated he received approximately ten calls during the day regarding the rain, 15 sheds, and property issues. He suggested residents be proactive about knowing their 16 responsibilities if they are going to put something in a drainage and utility easement. Residents 17 can contact City Hall with question. Mr. Berkowitz added that the goal of the City is to not see 18 impact to the primary structures. The staff would like to be there to help, and if the shed or 19 playground is impacted, it could be outside the realm of emergencies staff needs to attend to. 20 21 MAYORICOUNCIL INPUT 22 23 League of Women Voters — Councilmember Trude announced the League of Women Voters will 24 be meeting at Coon Rapids City Hall July 20, 2011. 25 26 Fun Fest — Councilmember Trude reported she was at the Fun Fest booth and spoke with 27 hundreds of residents. She noted that the inflatables were popular and residents enjoyed the 28 model cars. 29 30 Resignation from Council — Councilmember Jacobson reported he will resign from the City 31 Council and the QCTV Board at midnight on August 29. He and his wife previously purchased a 32 home in Nisswa. He explained they put their Andover home up for sale and it sold quickly, 33 propelling the move to Nisswa earlier than anticipated. 34 35 Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 36 adjourned at 10:15 p.m. 37 38 39 Respectfully submitted, 40 41 Chris Moksnes, Recording Secretary 42 Regular Andover City Council Meeting Minutes — July 19, 2011 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 19, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDA APPROVAL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item2 Approval of Claims...................................................................................................... 3 Item 3 Approve Bond Payments.............................................................................................. 3 Item 5 Approve Ordinance Summaries.................................................................................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 3 CONSIDER CONDITIONAL USE PERMIT / OUTDOOR STORAGE / ABC MINI STORAGE / 13624 HANSON BOULEVARD NW..................................................................................... 3 CONSIDER CONDITIONAL USE PERMIT / USED VEHICLES SALES / 3138 162ND LANE NW............................................................................................................................................. 5 CONSIDER USED VEHICLES SALES LICENSE / XCEL PROPERTIES / 3138 162ND LANE NW............................................................................................................................................. 6 CONSIDER VARIANCE TO ACCESSORY STRUCTURE HEIGHT REQUIREMENTS / CITY CODE 12-6-3 / 18046 ROUND LAKE BOULEVARD .................................................. 6 CONSIDER VARIANCE TO ACCESSORY STRUCTURE LOCATION AND SETBACK REQUIREMENTS / CITY CODE 12-6-5 / 13367 MARTIN STREET NW ............................ 7 REVIEW SURVEY AND OPTIONS FOR 149TH AVENUE DRAINAGE CONCERNS / 11-32 8 STAFFITEMS.............................................................................................................................. 10 SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION ................... 10 SCHEDULE JOINT MEETING WITH CITY OF ANOKA........................................................ 10 ADMINISTRATOR'S REPORT.................................................................................................. 11 MAYOR/COUNCIL INPUT........................................................................................................ 11 League of Women Voters......................................................................................................... 11 FunFest.................................................................................................................................... 11 Resignationfrom Council......................................................................................................... 11 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 Dire FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: August 4, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $65,482.23 on disbursement edit list #1- 2 from 07/21/11 — 07/29/11 have been issued and released. Claims totaling $159,723.42 on disbursement edit list #3 dated 08/04/11 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 $225,205.65. Please note that Council Meeting minutes will be used as documented approval. 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ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WVQW CIANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop t Di ector FROM: Courtney Bednarz, City Plann* SUBJECT: Resolution to deny conditional use permit/outdoor storage/ABC Mini Storage/ 13624 Hanson Boulevard NW - Planning DATE: August 4, 2011 INTRODUCTION The Council directed staff to prepare a resolution of denial for this item based on the discussion at the July 19"' meeting. A resolution of denial containing the information discussed at that meeting is attached. The Council reviewed this application at the March 15a` and July 19u` meetings. It was determined that without substantial compliance with the City Code the application could not be approved. ACTION REQUESTED The Council is asked to approve the attached resolution of denial. Attachments Resolution Location Map July 19'h Council Minutes (See Item #1) Wtfulltted CC: Kraig Domogalla ABC Mini Storage 13624 Hanson Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH VARIANCES FOR ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: The East 415 feet of Lot 15 WATTS GARDEN ACRES; Except Road; subject to easements of record WHEREAS, ABC Mini Storage has requested a Conditional Use Permit for outdoor storage to allow parking of vehicles and trailers on the subject property; and WHEREAS, the proposed expansion of the parking area would require variances as follows; 1. City Code 12-13-8 Paving and Curb Requirements 2. City Code 12-13-6 Landscaping Requirements 3. City Code 12-13-8F. Front Yard Parking Area Setback WHEREAS, the Planning Commission has conducted a public hearing and recommends to the City Council approval of said conditional use permit and variances; and WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because there is no reasonable attempt to meet City Code requirements that apply to the subject property and all other equally situated properties; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because outdoor parking of boats, RV's, trailers and vehicles will have a negative effect of the value of neighboring General Business sites in the vicinity; and WHEREAS, the City Council finds the property owner does not intend to use the property in a reasonable manner not permitted by the ordinance because the owner is unwilling to pave the parking area and buildings already exist on the site for storage and rental storage; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because none have been brought to the attention of the Council that prevent the owner from meeting City Code requirements; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because properties on each side are landscaped, have paved parking areas and meet City Code requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and denies the conditional use permit for outdoor storage with variances based on the findings in this resolution. Adopted by the City Council of the City of Andover on this _h day of , 2011. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Location Map ®fit i ABC Mini Storage Incorporated 13624 Hanson Boulevard 1974 .Z._..._.,_.. moi._....._..__. p...�ya,;.ni :.' o 'm'm'-' 139 y_I 11 '.{-. r s� 7 1 Y fir` 13901 13956 c�`L% \ �'^Pr ^p0 o-�oo rL I J W5.- `~ 139.92 It39�,6^� \-'35�\r3gg ..7 o'' m I 1394............ 3 . .. 9 ��� s 39,Q0 F 0 m .ot / 13B3Z 13933. 1�9 �p 1199 I ^f m 1 7 /moi 111 ") ... - % ............ a 1 V _1�..., 13 1 I1. :40j. ._` N' L&s9y 86B' •38 �`3 M n 713888 38 ism'+ 113864 13865; 13817 1362913g __..c... _...__. 13809 13811 m ._.._...__...._ d4�/ 1657 H p ^13 791 797 73776 73779 �7f7- 313 1$50 ..... 13779 _3 .- 1777 13753 1485 p� — W--�;37- ---- 1635 ...__._.------------ -------------.....----- . __. _ 1426/ I `.11..1 .`.1 r KE BLVD ------ UUM 1966 I( —_.. —_ 1786 ^ .n. 171.4 13650 _. 13655 m ,3633_, 1530 1350 13625 d' ._.. _ _.._.__...J. i....... 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J ._..._ 133RDAVE __.-- _.._._._..—___......_..._....._.....__...._...-- m _. _.._...__.. l.._._.. —._.-._._ ..... ..._._..__...— - — — N WE Subject Property S 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT DATE: Mayor and Council Members Jim Dickinson, City Administrat( David D. Berkowitz, Director of Award Bid/11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173"d Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion - Engineering August 4, 2011 INTRODUCTION The City Council is requested to receive bids and consider award of the contract for the Projects 11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173`d Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion. DISCUSSION The bid opening is scheduled for Friday, July 29, 2011 and bid results will be presented at the meeting. BUDGETIMPACT The street reconstruction project will be funded 75% from the City's Road & Bridge Fund and 25% of the total project cost will be assessed to the benefiting properties for City Project 11-02A. For City Project 11-24, 50% of the total project cost will be assessed to the benefitting properties and 50% will be funded from the City's Road & Bridge Fund as identified in Assessment Policy and the City's Assessment Manual for gravel road reconstruction. City Project 11-11 will be funded 100% by the existing TIF district in this area. ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and award the contract. This information will be submitted as supplemental information at the meeting. Respectfully submitted, ri► David D. Berkowitz 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrator Michelle Hartner, Deputy City Clef. Approve Massage Therapy License/City Chiropractic & Massage August 4, 2011 INTRODUCTION Kristine Schonthaler has applied for a Therapeutic Massage Therapist License. DISCUSSION Ms.Schonthaler intends to work as a Therapeutic Massage Therapist at City Chiropractic & Massage, 13648 Crosstown Boulevard NW. The application has been completed, the fee paid and Ms.Schonthaler has supplied her certificate stating that she has successfully completed at least 500 hours of instruction. Ms.Schonthaler received a favorable background report from the Sheriff's Office. ACTION REQUIRED The City Council is requested to approve the above license for the period of August 5, 2011 through December 31, 2011. � Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application 07/22/2011 13:27 7637674679 ANOKA CO SHER PATROL PAGE 04105 CITY OF D V 16$5 CROSSTOWN 13OULEVARD R.W. • ANDOVER, MINNESOTA 55304 * (763) 755.5100 rAX (163) 755-8923 • WWW.ANoOVERMN.GOV Therapeutic Massage Therapist License Application Pursuant to City Lode 3-6 the following information must be provided prior to approval: 1. Name of Applicant -?&i4 -a2- First Middle last r - 2. Applicant's Date of Birth (must be 18 years old) - r 3. Telephone Number of Applicant j 4. Home Address of Applicant 5. I will. be working as a massage therapist at: a Residential Home. Provide address & legal description of home G.i. Ch1ra?cae C 4 mass a business. Provide address of business ��_,A(hl AVIAM-r- 00 603-6q 6. Number of years experience as a massage therapist -1. 7. Previous employment as a massage therapist {list naive, address and position held: --442(9>i'4- ml- 3 /hCtc'fssn:a 07/22/2011 13:27 7637674679 ANOKA CO SHER PATROL PAGE 05/05 S. Description of any crime or other offense, including the time, place, date, and disposition for which the applicant has been arrested and convicted: Provide a statement as to whether the applicant has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason therefore, and the business activity or occupation of the applicant subsequeztt to such suspension, revocation or denial. (Attach separate sheet) Furnish proof of graduating from a school of therapeutic massage with a care curriculum of at least 500 hours of in -class; teacher supervised instruction of which no more than 200 hours shall be clinical train4zlg. Prior to consideration of the application an investigation shall be made by the county sheriffs department of all persons listed on the license applications. 9ittnature a Applicant 11M1f■YMMa�MMMM■■YMf YY�M1MMM MMYffYY MMrYMY�M�1111q 111MYMYMYf 1MM MMf YM 11f MM1 V Massage Therapist Application Pee: $175.00 Annually (includes investigation fee) License # Date Paid - I I Anoka County Sheriff -P# -V i Approve _Deny City Clerk: Approve -Deny City Council: Approve Deny CENTERP&INT Massage & Shiatsu Therapy School & Clinic Professional Training Program Transcript July 25, 2011 Program Therapeutic Massage 43491 Kristine Schonthaler Day: Eve: Birth Date: Hours r9wvec Owe : Course Name Hours Data Instructor Grade Earned 1100.1-Wilo 1100 Musculoskeletal Anatomy 45 Winter 20]0 K le Cleven A 45 1101.1-Wi10 1101 Human Physiology 45 Winter 2010 Kyle Clever A 45 3100.1-Wi10 3100 Swedish Massa eFoundations 120 Winter 2010 Emily Evenson A 120 5100.1-Wi10 5100 Discov the Healer Within 45 Winter 2010 Chandler Yorkhall A 45 52DIA-Wi10 5201 Communication&Ethics 45 Wmter 2010 Paul Sevett A 45 1200.1-5 10 1200 3-Dimemional Anatpmy 60 S2.dns 2010 Kyle cleven A 60 1210.1-5 10 1210 Mrabiology 45 Spring 2010 Kyle Clever A 45 1301.1-5 10 1301 Pathology 45 Spring 2010 SumW Cooper A 45 3200.1-S 10 3200 Advanced TherapeuticAlassageTech 120 Spring 2010 jadsonFetersburg A 120 5300.1-5 lO 5300 Succe MCareer Deve t 45 Sp6ng Spring2010 Peggy 1&nz A 45 6330.2-5 10 6330 Massage Chrdc Trabing & summary Secs 42 Spring 2010 Pegff lUnz A 42 6335.1-5 lO 6335 Massa eStudent Clinic 70 Spring 2010 Michael Casper A 78 Hours Workshop Code # Workshop Name tours First Day Workshop Teacher Credit Earned 621A041311 621A Thera tic Bad work �r Athletes 8 4/13/2011 Ed Pelava Cr it 8 OFFICIAL TRANSCRIPT Total Hours 743 Start Date JartUary 5, 2010 Withdrawal Date Leave of Absence Awarded Final Diploma & Transcript *yes Ono Comple#Ion Date September 8, 2010 a'd TOZSi?9SZS6 -10101-13S 1WIOdN1111J30 Wdbi:B 1102 S2 inC A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55 4 9 (763) 755-5100 FAX (763) 755-8923 • kWW.CI.ANDOVER S TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator 5 Dave Carlberg, Community Dev Alen irector FROM: Courtney Bednarz, City Plannqf '%�� t SUBJECT: Approve Name for Open Space Site/North Woods Preserve - Planning DATE: August 4, 2011 INTRODUCTION After discussion with the Council and former property owner, the Open Space Advisory Commission has recommended the name `North Woods Preserve' for the open space site acquired in 2010. DISCUSSION The recommended name was selected from a short list provided by the former property owner. It would be incorporated into an entrance sign similar to the attached photograph of the Martin's Meadows sign. ACTION REQUESTED The Council is asked to name the open space site `North Woods Preserve'. Attachments Location Map Policy for Naming and Renaming of Parks, Park Facilities and Trails. Martin's Meadows Sign Res ectf illy submitted, Co ey Bednarz NDOVEIt Incorporated 1974 ,628.9 16231 1815] 148] 1604fi 18034 IME=m M, .Pk.m:ul Subject Property Location Map ,6622 �---- 165]2 886 830 165 16526 1652] 16528 18 16460 164]3 1845 18188 16440 18441 16452 16429 16436 1841] 164 16424 16485 1641 16396 16395 16387 163]9 \ 'a 16324 ]4 1055 16124 16119 16563 1 J 18541 m Z O 18093 18082 1806816060 N 16483 m ¢Z 2 16422 16425 ,628.9 16231 1815] 148] 1604fi 18034 IME=m M, .Pk.m:ul Subject Property Location Map ,6622 �---- 165]2 886 830 165 16526 1652] 16528 18 16460 164]3 1845 18188 16440 18441 16452 16429 16436 1841] 164 16424 16485 1641 16396 16395 16387 163]9 \ 'a 16324 ]4 N Location Map W-< -E s 1055 16124 16119 i1STAVE 18093 18082 1806816060 m m ^ fi80 16050 18083 18034 m n 1801'1 15991 wpn� s 16030 603 Ay rya 9 •• m e 602 18018 ,m1 �8 6011 6006 � 8 > lseea ro 15984 599 m IT1 597 1S 119 ® 15304 mn°j � 15982 15970 597 15958 1 OF 15 59 .. n 0 11 59 595 - w 18g1 15 '1p ,yo'S9 159" 15951 ,ph 12 1594 , ^,AA , 6819 ts934 15939 1s929 1 11 591 15901 m 3o R m 159 b°j 15924 15909 15922 19 SB9 589 181 �i1vmB 15890 8 586 �e ® 15045 IS 585 15851 15850 ]f,�,��wh 13 583 583 f5B3q Sgit 582 582 X582 139zg Ht 581 5809 SBt 1581 15810 ml 88] 15762 5791 >yj 518 157 1518 ,5169 15]82 15,1 ,61s 810 15745 15]48 15111 e 15]43 15]26 713 571 1162 1511 1905 15660 „ 15653 831 15554 �� � m 752 15848 12 18 1� 1 86� N Location Map W-< -E s City of Andover Policy for Naming and Renaming of Parks, Park Facilities and Trails I. Introduction The selection of a property name for a park, park facility and trail is a thoughtful process which requires careful analysis. The policy and procedure has been adopted by the City of Andover to provide the proper procedure and guidelines for any naming or renaming of said amenities. II. Procedure Original naming of a park, park facility and trail will be done as part of the platting process guided by the City of Andover's subdivision ordinance. Subsequent renaming will use the following procedure: 1. Staff, Council, Advisory Body or any Andover resident recognizes and requests the naming of a park, park facility or trail. 2. Staff will perform a background investigation of the request and then distribute the request to the City Council, upon review, send to the Parks & Recreation Commission for review. 3. The Park & Recreation Commission will discuss the merit of the name and make a recommendation to the City Council. 4. The recommendation will then be place on the next regular City Council meeting for consideration. III. Park, Park Facility and Trail Naming Criteria Listed below are some of the criteria that may be used to determine the appropriate naming or renaming of parks, park facilities and trails. 1. The name of the subdivision associated with the park, park facility or trail. 2. The name of the neighborhood in which the park, park facility or trail is located. 3. The street name adjacent to or closely identified with the park, park facility or trail. 4. The name of a local interest point, or local focal point near the park, park facility or trail. 5. The name of an event or historical occurrence associated with the park, park facility or trail. 6. The name of a person who donates a major part or all of the land for the park, park facility or trail. 7. The name of a person of significant stature within the community (with the permission of the honoree, immediate family or designated representative). He/she must adhere to at least one of the following credentials and complete a waiting period of at least six months from the conclusion of service or time of death: a. At least 10 years of local service to the community. b. Shown outstanding assistance or support of the local park system. c. Major financial donor to the park system. d. A historical figure or family. e. A local born or raised person of historic, statewide or national importance. IV. Final Determinations The City Council reserves all rights in the naming or renaming of all parks, park facilities and trails. r r as ��,ix�s .� ksr rte'--". a .:� x,��� 1 �' �• sF - sn esu.:-.. 7 I �s- � �„�s s � �� 1 Ir I t �a � w FN' , a•� t � � 2� —3< xt s3� t � '� r x � # fy sl bi•4 :S #'t tS d, 5 .�S 3+ �x+'3 � � w�+'t 3�".x}iw�}Y"'� .,1 � I+ak e§wx"� :! S= } i '. a £cik.. C- i x3`st. "z£.$1 s "s"':i-x.4� &� •� 3 •s+� .> sy'y�r,"� € �,�.'�:»" �- x i z €I s•##� �a r �x �+� a � a k - x xa` 5.,ttax�s�� �.K x,3> �'� � Y� �} � c �,t� x�a, a= � ig� �3s ,�.� r '� s +� �. �,.s"���rr t` ,�t� � ��y. k r ��s �z , •� a" F ' �'� a ,�s�,� a,p �a isav u Y } y" `"$ by #F}N '`.:. ."A$..Y ^e+'..'r: .zn.. 0 lkipmi 1 Ip Sz=s. f k .. � z.. i � � ". � t 1� 1 y 4•,. f } ° t ii Z. 3 ` �• i_ a ' �`. I} i^¢ I i p i' •� ' `.g .. rj �c -Rr x i A # ¢ I 'h t4 ` #0 3 Ul om•`�"� F:k 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: Dana Peitso, Human Resources Manag SUBJECT: Approve Dental Renewal and Employer Contribution DATE: August 4, 2011 The current City of Andover sponsored employee dental policy contract term expires August 31, 2011. The Human Resources Department has worked with the City's broker Johnson McCann to seek either a contract renewal with the current providers or marketing to other insurance providers to provide a quality, yet affordable employee dental insurance plan. The resulting recommendation is provided below. The employee dental plan proposed is with Delta Dental designed to offer comprehensive benefits within a competitive cost framework. Renewal rates are as listed: Based on the renewal, Human Resources is recommending that the City Council continue covering 100% of a single dental premium and increase the City's contribution to $39.00 per month employer contribution to a family premium. BUDGET IMPACT The proposed midyear 2011 employer contribution increases, based on current group make up would yield a $150.00 increase in costs through December 31, 2011. The funding for the increase would be provided for by 2011 contingency budgets. Appropriate modifications for the increased contributions will be factored into the proposed 2012 budget. ACTION REOUERED The Andover City Council is requested to approve the Delta Dental insurance proposal. The Council is requested to approve the employer contribution increase by covering 100% of a single dental premium and increase the City's contribution to $39.00 per month employer contribution to a family premium Respectfully submitted, Dana Peitso Current Renewal Rate Rate (3.2% Increase) Single $37.90 $38.80 Single + 1 $80.95 $82.15 Family $115.15 $116.65 Based on the renewal, Human Resources is recommending that the City Council continue covering 100% of a single dental premium and increase the City's contribution to $39.00 per month employer contribution to a family premium. BUDGET IMPACT The proposed midyear 2011 employer contribution increases, based on current group make up would yield a $150.00 increase in costs through December 31, 2011. The funding for the increase would be provided for by 2011 contingency budgets. Appropriate modifications for the increased contributions will be factored into the proposed 2012 budget. ACTION REOUERED The Andover City Council is requested to approve the Delta Dental insurance proposal. The Council is requested to approve the employer contribution increase by covering 100% of a single dental premium and increase the City's contribution to $39.00 per month employer contribution to a family premium Respectfully submitted, Dana Peitso 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW. CLAN DOVER. MN. US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrator Michelle Harmer, Deputy City Clerk Declare Dangerous Dog/15571 Potawatomi Street NW August 4, 2011 INTRODUCTION The following is a chronology leading to this request: U On April 8, 2010 - police report stating the dog bit a woman on her left thigh while jogging by. Although the police report does not specifically name the German Shorthair, Brandy as the dog that bit, the rabies certificate faxed to the Sheriff's Office by the dog's owner indicates it was Brandy. April 10, 2010 — police report stating Brandy bit a woman on her left thigh while walking by. A notice of "potentially dangerous dog" and a citation were issued by the Sheriff's Office; however the report was not received by City Hall. October 22, 2010 — police report stating two dogs from 15571 Potawatomi Street running at large. October 23, 2010 - police report stating dogs from 15571 Potawatomi Street running at large, were aggressive towards a New Foundland dog and also aggressive towards CSO Roeder. November 10, 2011— the City was notified of the numerous dog issues at 15571 Potawatomi Street. A letter from the City identifying Brandy as "potentially dangerous" was mailed to 15571 Potawatomi Street NW for the incident that occurred on April 10, 2010. July 6, 2011— police report stating 3 dogs, including Brandy attacked a woman and her dog. All 3 dogs were deemed "potentially dangerous" by Anoka County CSO Roeder and a citation issued. July 15, 2011— the City received the police report. Since Brandy is already deemed "potentially dangerous" staff believes Brandy should be deemed "dangerous" and require abatement. July 15, 2011— CSO Discher delivered a letter from the City to Ms. Larkin regarding the "dangerous dog" and abatement hearing. DISCUSSION Attached are police reports and correspondence explaining the circumstances of various incidents with this dog. In the City Administrator's opinion, it appears that the owners of the dog are not taking reasonable attempts to properly control/restraint a "potentially dangerous dog" and based on the July 6a` incident has requested a "dangerous dog" declaration and abatement hearing. By declaring the dog "dangerous", if the dog is removed from the City, it must be registered as a dangerous dog in its new jurisdiction. It should also be noted, Brandy does not have a current City dog license. Mr. & Ms. Larkin have been informed of the time and place of this meeting and may appear to provide testimony. ACTION REQUESTED The City Council is requested to consider adopting the attached resolutions declaring the German Shorthair, Brandy a dangerous dog and require abatement. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Police reports, "Potentially Dangerous" Letter, City Code, Resolutions Cc: Barry & Shelly Larkin, 15571 Potawatomi St. NW, Andover, MN 55304 101 Page 1 of 2 --I-i�- ADDRESS ADDRESS INCA ST NW _ ALIAS-.HOMEIBUSPHONE.W- 1 ... ! PT.,CP- STATE ZIP ,ANDOVER —T MN 55304_ DBUS PHONE CELL/PAGERlFAX ( - -- --'_--....�---- �_.. SHERIFFS ANOKA COUNTY OFFICE -T SASENUMBER � -----110075431 ADDLPAGES! -! 10075431 325 E MAIN ST, ANOKA MN 55303 _ ---Y :-, __ :___.. —.;, _.� :.:- —: _ �:.- _ •-.-- _:-= CODE CLASSIFICATION ANIMAL - DOG BITES CODE IDISP 09561 S CLASSIFICATION IDISP 'CLASSIFICATION - CODE�DISP 'CLASSIFICATION CODE CA IDISP CLASSIFICATION CODE IDISP I (CLASSIFICATION CODE I IDISP REPORTING OFFICER(S) CS007 DISCHER, MELISSA {DATE REPORTEDASSIGNED , ;ARRIVED CLEARED RLIEST DATE/TIME OCCURRED LATEST DATE/TIME OCCURRED 4/8/2010 11914 119412006 1 -------- FENS-- ;LOCATION OF OFFENSE/INCIDENT IAPT# jGRID '.VALUESTOLEN V�ALUEDAMAGED �VALUERECOVERED ; WO Is 15571 POTAWATOMI ST NW, ANDOVER, MN 55304- _ — y AIJ i REPORTING PARTY'S NAME — -= DATE OF BIRTH SEX RACE HOME PHONE iADDRESS rAPT CITY STATE .{ZIP (WORK PHONE ) NARRATIVE THE RP REPORTED A DOG BITE AT THE L01, UPON ARRIVING I SPOKE WITH THE BITE VICTIM WHO STATED THAT SHE WAS JOGGING PAST THE L01 WHEN A DOG FROM THE RESIDENCE RAN OUT AND BIT HER ON THE LEFT THIGH. THE VICTIM THEN SHOWED ME THE AREA WHICH HAD ABOUT 5 LONG TEETH MARKS THAT HAD BROKEN THE SKIN. AT THIS TIME SHE WAS NOT i GOING TO SEEK MEDICAL ATTENTION. I THEN SPOKE WITH THE DOG OWNERS WHOM WERE UNABLE TO PROVIDE PROOF OF CURRENT RABIS SHOT BUT SAID THE DOG WAS UP TO DATE AND WOULD CONTACT THEIR VET ASAP AND GET THE PROOF j FAXED OVER. I GAVE THEM 24 HOURS TO GET US THE DOCUMENTS, THE DOG OWNERS THEN INFORMED ME THAT THEIR DOG WAS DEAF AN ALTHOUGH HE DOES LIKE TO CHASE PEOPLE AS THEY PASS THEY DO HAVE AND INVISABLE FENCE AND THE i DOG ALWAYS WEARS THE COLLAR. UPON RECEIVING THE THE PROOF OF RABIS THE RP WILL BE CONTACTED. NO FURTHER ACTION AT THIS TIME. CLEAR mg ******SUPPLEMENT****** ON 4/13/2010 AT 1540 HOURS UPON RECEIVING PROOF OF RABIES*I LEFT A VOICEMAIL FOR THE VICTIM AND DROPPED OFF A COPY OF THE DOCUMENT THAT SHOWS THE DOG DOES HAVE CURRENT RABIES SHOT. NO FURTHER ACTION. CLEAR. CSO M. DISCHER :KH 4/15110 'AWL! CODE NAME ^ jDOB SEX (RACE HGT WGT HAIR EYES A V ANNA LORETTA DIRKSWAGER W� �R� F --I-i�- ADDRESS ADDRESS INCA ST NW _ ALIAS-.HOMEIBUSPHONE.W- 1 ... ! PT.,CP- STATE ZIP ,ANDOVER —T MN 55304_ DBUS PHONE CELL/PAGERlFAX ( - _ A/J/U CODE NAME A 1 0 =BARRY LARKIN OTAWATOMI ST NWi' FAS - DOB rSEX RACE HGT' WGT HAIR YES _ _ _'m IAPT - CITY STATE ZIP ANDOVER MN 55304 - HOME! BUS PHONE WORK 12ND BUS PHONE CELL! PAGER 1 FAX I EY SEX- RACE', HGT WGT -(HAIRj ES ADDRESS APT CITY STATE ZIP II �_ Imo._--x•-�.:��=. ALIAS � � HOME/BUS PHONE WORK I2ND BUS PHONE 1 CELL IPAGER lFAX JAN -25-201022:29 From: To:4227511 Paae:2�2 lar-•ci..,- u:�;-.. y_-...1.--;ir,: iCe:��. ny.a_. .. e:=:NY. ..�:: .._r.:_ac��q _ �M1I': -=�. ��v .. 11. ..,,k+:yw.-. ..'.i.-. :��.. ..; .:� .: y, � ::y `•.1 'FSi =--s": t.i �yi _ - •'\: q$ :-'._�i)fi�+�ivc.+."`L:F.::�-.1�'��•:������..'�i'_�/:�\.•:n�: Date of Rabies Vaccination: 06-11-09 Next Rabies Vaccination On: 06-11-11 VETERINARY CLINIC St. Francis Veterinary Clinic 4035 253rd Ave. N.W. Isanti, MN 55040 763-444-9359 Certificate No: 0 Previous Rabies Vaccination: <oidtag> OWNER OF ANIMAL Barry Larkin 15571 Potawatomi St Nw Andover, MN 55304 County: . This is to certify... THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW. Patient information... PATIENT: Brandy TAG NO: 6235 SPECIES: Canine WEIGHT: 58.40 SEX: Female AGE: 4Y Color and markings: bV Signed Tracey Thomas, DVM License: 02495 Vaccinations done... 06-11-09 TT Rabies - Canine - 2 Year, #6235 06-11-11 Rabies Vaccine Information... . MFG BY: MERIA LOT EXP: 4123/10 APR -09-2010 09:28AM FAX: SER. NO: 18093A ADM: SubQ ID•:WORD PROCESSING PAGE:002 R=95% 6) O LL z_ I• - z w C U z T w rn z w LL LL O w t= a z W w 2 ccz w co U Agency Name: ORI #: JCF: ❑ Add'I Pages: ❑ 1111111111 Jill 111111111111111 Jill Jill ANOKA COUNTY SHERIFFS OFFICE MN0020000 * 1 D 0 7 6 S 6 6 Reporting Officer(s): CS003 ANDERSON, ASHLEY Total Value Stolen (property): Total Value Damaged (property): DateReported: Assigned: Arrived:Cleared: 04/10/201010:57 AM 1057 1104 1143 Total Value Recovered (property): Earliest DateRlma Occurred: Latest Date/Time Occurred: Location of Offense/Incident: Apt.: Grid: 15571 POTAWATOMI ST NW ANDOVER, MN 55304- A10000-ANDOVERCO RD 7>RUM RIV MOC Code: I Classification: Disposition: 09573 JANIMAL COMPLAINT - DOG ON LOOSEINO LEASH OTHER Incident Narrative 1 1 WAS DISPATCHED TO THE RP'S ADDRESS ON THE REPORT OF A DOG BITE THAT HAD OCCURED WHILE WALKING AROUND THE NEIGHBORHOOD. SEE SUPPLEMENT. CSO A.ANDERSON KW: 04-13-10 NAMECODES A - Adult Arrested, AC - Arresting Citizen, C - Complainant, D - Driver, F - Family/Parent, G - Guardian, J - Juvenile Arrested, M - Mentioned, MP - Missing Person, 1- Other Involved, o - Owner, P - Passenger, PT - Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness Person A/J/U: Co e: Name:Alias: ❑ Business A V O'BRiE 4, DEE ANNE Address (Street, City, State, Zip): Apt: Date of Birth: Sex: Race: 115952 MAKAH STREET NW ANDOVER, MN 55304- FEMALE Height: eight: air Color: ya Color: HomerBus. Phone: WorklBus. Cell: Cel Paoer/Fax: Person J : I a Code: Name: as: Business A S LARKIN, SHELLY MARGARET Ad cess S eet, City, State, Zip): Apt.: Date of Birth: Sex: Race: 15571 POTAWATOMI ST NW ANDOVER, MN 55304- FEMALE WHITE Height. Weight: air Co or. Eye Color: Hom Bus. Phone: Wo Bus. Celt Celi/Pager Fax: ❑ Person ANTU: Code: Name: Alias: ❑ Business Address Street, City, State, Zip : Apt: Date of Bi x: Race: Height: Weight: air Color: Eye Color: Home/Bus. Phone: Work/Bus. Cell: Ce1U ager/ ax: Supervisor. Extra Copy To: a at id Case Number. ANDOVER CITY HALL Page 1 of 2 05 SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 10-076866 OFFENSE: ANIMAL BITE COMPLAINANT: ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I WAS DISPATCHED TO THE RP'S ADDRESS ON THE REPORT OF A DOG BITE THAT HAD OCCURED WHILE WALKING AROUND THE NEIGHBORHOOD. UPON ARRIVAL I MADE CONTACT WITH DEE ANNE O'BRIEN, WHO STATED THAT WHILE WALKING PAST THE LOI, A BROWN LIVER SPOTTED GERMAN SHORT HAIR EXITED THE YARD, INTO THE STREET AND BIT HER ON THE BACK OF HER LEFT THIGH. I THEN ADVISED DEE ANNE THAT I WOULD MAKE CONTACT WITH THE OWNERS AND ADVISE HER IF THE VACCINATIONS WERE CURRENT ON THE DOG. BEFORE ARRIVING AT THE LOI, I CHECKED THE ADDRESS IN VISIONS AND THE DOG WAS INVOLVED IN ANOTHER DOG BITE ON 4/8110 (SEE ICR# 10-075431). 1 THEN MADE CONTACT WITH THE OWNER OF THE DOG, SHELLY LARKIN, AND ADVISED HER OF THE QUARANTINE PROCESS PER ANDOVER ORDINANCE. SHE THEN STATED THAT THE CSO WHO TOOK THE REPORT ON 4/8/10 DIDN'T EXPLAIN THE QUARANTINE PROCESS CORRECTLY AND SHE WAS WAITING ON A CALL BACK FROM HER TO SEE IF THE DOG NEEDED TO BE QUARANTINED OR NOT. SHELLY LARKIN THEN STATED SHE KNEW THAT SOMETHING WAS WRONG WITH HER DOG "BRANDY" AND HAD AN APPOINTMENT SET UP TO GO SEE THE VET ON WEDNESDAY TO DETERMINE IF THE DOG WAS SICK OR NEEDED TO BE PUT DOWN. I THEN SPOKE WITH SGT. PLATTNER ABOUT THE SITUATION AND IT WAS DETERMINED THAT SHELLY LARKIN COULD KEEP THE DOG QUARANTINED AT HER RESIDENCE AND THAT WE WOULD DO RANDOM CHECKS TO MAKE SURE SHE WAS OBIDING BY THE RULES. I THEN ADVISED HER THAT IF SHE VIOLATES THE RULES OF THE QUARENTINE, HER DOG WOULD BE TAKEN. SHELLY LARKIN WAS MAILED CITATION #783-296 VIA US MAIL FOR NUISANCE DOG. POTENTIALLY DANGEROUS DOG FORM WAS ALSO COMPLETED AND FORWARDED TO THE CITY OF ANDOVER. I THEN MADE CONTACT WITH DEE ANNE O'BRIEN AGAIN AND ADVISED HER THAT THE VACCINATIONS WERE CURRENT WITH THE DOG AND TO CALL US BACK IF SHE HAS ANY OTHER PROBLEMS. NFA. CLEAR. CSO A.ANDERSON KW: 04-13-10 THIS OFFENSE IS DECLARED: Unfounded [ SIGNED: DATE: Cleared by Arrest [ J Investigating Officer Exceptionally Cleared [ J Inactive (Not Cleared) [) SIGNED: DATE: Refer to other Agency [ J Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter.. Also to Report Significant Developments. NOTICE OF "POTENTIALLY DANGEROUS DOG" I C R Name of Owner: Shel 11A L arkl i1ti! Date of Notification: Address: P(�-Gt�Nt�`i' mi 6 -'qW Date of Birth: _ > Citation NuMber: Home Phone: �' Business phone: Name of Dag: f��(ji ill 1 J Breed: �� � Sex: F�i�ar Aga: Neutered/Spayed: 79 YES C] NO was bitisn Person or other domestic animai 2. Q . while on public property was chased or Person approached bTthe above said dog in apparent attitude of attack without provocation or; 3.. The above said dog has on the following dates in the past attacked, persons or other ' domestic animals without provocation: i-1- -io i�:l�► t�a1`a��l Date Time I.C.R. # Date Time . I.C,R. # Date Tine LC.R. r€ Daied: 410 1 Q Signed Sy: name Anoka County Sheriii s Department Anoka County, Minnesota 0 C' Dog Owner Anoka County Property Tax Administration (� DRIVER I iccusE NO, STATE ICR NO. NAME - FITnn, MIOOLE, BIRTH, LAST `I ADDRESS & Cltt _ 1 I �Sit. STATE ZIPCOOE DATE.OFSIRTH EYES HEIGHT I WEIGHT ISEX VEHICLE LICENSE PLATE STATE MAKE MODEL COLOR DA OFO NSE TIME JUVENILE PARENUGUARDIAN y .�o LOCATION&CITY _ NW 5 v 0 ENO. 1. STATUMORDINANCE SPEED IN ZONE OFFENSE NO.2 STATUTEJORDINANCE OFFENSE NO.3 STATUTE/ORDINANCE ❑ COMMERCIAL VEHICLE ❑OWNER OF VEHICLE ((OVER 26,000 GVW OR HUS El NON -OWNER OF VEHICLE 15 OR MORE PASSENGERS ❑ PASSENGER ❑ OPERATE ❑ HAZARDOUS MATERIAL Cl DRIVER ❑ PARK ❑ MOTORCYCLE ACCIDENT: ❑ ENDANGERED PERSON OR PROPERTY ❑ PROPERTY DAMAGE ❑ FATAL ❑ UNSAFE CONDITIONS ❑ PERSONAL INJURY ❑ PEDESTRIAN _ r DATE OF GOURTAPPEARANCE (MO., DAY, YR.) TIME 5- - a- ANOKA COUNTY COURTHOUSE LO 325 EAST MAIN STREET ANOKA, MN 55303-2489 N NOTE REFERTO BACK OF SUMMONS FOR FURTHER INFORMATION In o°~0_.~BADGE NO. .�-.y�ii;�. I OFFICER �/. DEPT. Aff:2 11) ca C A —ZI m i CD O � Z .Z CDO 9 Is n O 9 ..4�:2tAriai'NKsd1S�l�vi,y u- », -14".-r Case Number 10244305 Details CAD Information CASE DESCRIPTION: 09573 ANIMAL COMPLAINT -DOG ON LOOSE/NO LEASH DATE OF INCIDENT: 10/22/2010 18:26 LOCATION OF INCIDENT: 15620 KIOWA ST NW, ANDOVER, MN 55304 - NAME DOB SEX INVOLVEMENT JUSTICE, RANDALL KING LARKIN, BARRY KARL REPORTING OFFICER(S): GS007 DISCHER, MELISSA M REPORTEE M OWNER NARRATIVE: RP REPORTED 2 DOGS RUNNING LOOSE AT THE LOI. UPON ARRIVING I WAS UNABLE TO LACATE THE DOGS.. THE RP DID KNOW WHO THE OWNER WAS, I WAS UNABLE TO MAKE CONTACT WITH DOGS OWNER AT THIS TIME. NO FURTHER ATION. CLEAR CSO DISCHER ACSO-PATROL :dd/10-26-10 o' ll..+�sys Vcw�. sJ<.�Ttua ANOKA COUNTY SHERIFF'S OFFICE 325 E MAIN ST, ANOKA MN 55303 CLASSIFICATION ANIMAL COMPLAINT- DOG ON 1_00 CLASSIFICATION FOLLOW UP CLASSIFICATION FOLLOW UP REPORTING OFFICER(S) 08005 ROEDER, SAMANTHA DATE REPORTED RSSIGr 1 012 3/20 1 0K 1009 LOCATION OFOFFE IWANCIDENT 15620 KIOWA ST NW, ANDOVER, MN NJ REPORTING PARTTS NAME A RANDALL KING JUSTICE ADDRESS 09573 S OOE DIF 09970 S ;ooe DI: 09970 IS 1023 11047 10244781 A10 $ $ is DATE OF BIRTH SEX RACE HOME PHONE M W STATE 17JP WORK PHONE 15620 KIOWA ST NW I JANDOVER MN 55304 - NARRATIVE DISPATCHED TO THE ABOVE LOCATION REGARDING TWO DOGS RUNNING LOOSE IN THE CALLER'S YARD AND CALLER SAID IT WAS A CONTINUAL PROBLEM. SEE SUPPLEMENT FOR FURHTER DETAILS. SHOULD BE NOTED ON 10/22110 RANDALL CALLED REGARDING TWO OF THE DOGS BEING IN HIS YARD, SEE CASE NUMBER 10- 244781. ALSO SEE CASE NUMBERS 10-075431 AND 10-076866 REGARDING DOGBITE INCIDENTS. I WILL ALSO BE DOING FOLLOW- UP WITH THE CITY OF ANDOVER REGARDING A POSSIBLE VIOLATION OF ORDINANCE NUMBER 5 -IA -3 (NUMBER OF DOGS RESTRICTED) AS IT IS UNKNOWN AT THIS TIME IF THEY ARE ABLE TO HAVE FOUR DOGS AT THE RESIDENCE. CSO ROEDER :dd/10.26-10 SUPPLEMENT OFFICER: C8005 ROEDER. SAMANTHA SEE FOLLOWUP SUPPLEMENT. CSO $.ROEDER :KH 10127110 CC: CITY OF ANDOVER SUPPLEMENT OFFICER: CS005 ROEDER. SAMANTHA I CONTACTED THE CITY OF ANDOVER TO FOLLOW-UP WITH SHELLY GETTING HER TWO DOGS LICENSED. THE CITY ADVISED ME SHELLY'S HUSBAND, BARRY, GOT THE DOGS LICENSED ON 10126110. FORWARDED REPORT TO ANDOVER CITY HALL. NFA. CLR. CSO S.ROEDER :KH 10/27/10 httnq•//arr.T c -i rnnn-Tanirls.mn.uG/icr_asn?Case Number=10244781&7urisdictiOW--N NO020000 10/27/201 rl.. --- - -V ........ AIJIU I CODE I NAME VJ!U I CODE.I NAME A M ZACKERY KARL 1DDftE55 15571 POTAWATOMI ST NW A 10 I$HUY MARGARET LARKIN ADDRESS 15571 POTAWATOMI ST NW AM � BARRY KARL LARKIN PDRESS 15579 POTAWATOMI $T NW c- -. �ppg SEX RAGE' HGT I WGT I HAIR EYES YQY STATE lzip r WORK 12ND 9US PHONE CELL I PAGER I FAX DQE SEX RACE HGT JWGT I HAIR EYES M W 1ITY STATE ZIP ANDOVER MN 66304- CITY 5304- GamsrnrE ilex ANDOVER J MN 55304- M CITYSTATE ZIP ANDOVER I MN 55304 - ANDOVER 11 httnc-//arrr.ei.coon-Tanids.mn.us/icr.aso?Case Number=10244781&Jurisdictiow--11N0020000 10/27/2010 O LL Z_ l' - Z W 0 U Z T W co Z W LL LL O W o! Q Z Agency Name: ANOKA COUNTY SHERIFFS OFFICE ORI #: MN0020000 JCF: ❑ Add'I Pages: ❑ * 1 H z 4 4 7 8 1 Reporting Officer(s): CS005 ROEDER, SAMANTHA Total Value Stolen (Property): Total Value Damaged (Property): Total Value Recovered (Property): J Date Reported: 10/23/2010 10:09 AM Assigned: 1009 Arrived: 1023 Cleared: 1047 $0.00 Earliest Daterrime Occurred: Latest Date/fime Occurred: Location of Offense/Incident: 15620 KIOWA ST NW ANDOVER, MN 55304- Apt.: Grid: A10000 -ANDOVER CO RD 7>RUM RIV MOC Code: Classification: Disposition: 09573 ANIMAL COMPLAINT - DOG ON LOOSE/NO LEASH ASSISTED/ADVISED Z Height: Weight: Hair Color: Incident Narrative 1 DISPATCHED TO THE ABOVE LOCATION REGARDING TWO DOGS RUNNING LOOSE IN THE CALLER'S YARD AND CALLER SAID IT WAS A CONTINUAL PROBLEM. SEE SUPPLEMENT FOR FURHTER DETAILS. SHOULD BE NOTED ON 10/22/10 RANDALL CALLED REGARDING TWO OF THE DOGS BEING IN HIS YARD, SEE CASE NUMBER 10-244781. ALSO SEE CASE NUMBERS 10-075431 AND 10-076866 REGARDING DOG BITE INCIDENTS. I WILL ALSO BE DOING FOLLOW-UP WITH THE CITY OF ANDOVER REGARDING A, POSSIBLE, VIOLATION OF ORDINANCE NUMBER 5-1A-3 (NUMBER OF DOGS RESTRICTED) AS IT IS . UNKNOWN AT THIS TIME IF THEY ARE ABLE TO HAVE FOUR DOGS AT THE RESIDENCE. CSO ROEDER ACSO-PATROL NAME CODES A - Adult Arrested, AC - Arresting Citizen, C - Complainant, D - Driver, F - Family/Parent, G - Guardian, J - Juvenile Arrested, M - Mentioned, MP - Missing Person, I - Other Involved, O - Owner, P - Passenger, PT - Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness Person AIJIU: Code: Name: Alias: ❑ Business '4 R JUSTICE, RANDALL KING Address (Street, City, State, Zip): Apt.: Date of Birth: Sex: Race: 15620 KIOWA ST NW ANDOVER, MN 55304- 1 1 MALE WHITE ANDOVER CITY HALL Page 1 of 2 Cell 0 Person wuru: uooe: Name: ❑ Business J W Address (Street, City, State, Zip): W Q Z Height: Weight: Hair Color: Eye Color: Home/Bu: Person A/JIU: Code: Name: ❑Business A,' .;. M , LARKIN; ZACKARY KARL Address (Street, City, State, Zip): 15571 POTAWATOMI ST NW ANDOVER, MN 55304- ANDOVER CITY HALL Page 1 of 2 Cell SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 10-244781 �^ MOFFENSE: ANIMAL COMPLAINT — DOGS ON LOOSE d �Fq 9 COMPLAINANT: ADDRESS ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I WAS DISPATCHED TO THE ABOVE LOCATION REGARDING TWO DOGS RUNNING LOOSE IN THE CALLER'S YARD AND CALLER SAID IT WAS A CONTINUAL PROBLEM. UPON ARRIVAL I SPOKE WITH THE CALLER, RANDALL, WHO TOLD ME HIS DAUGHTER, WITNESSED TWO GERMAN SHORTHAIRED POINTERS FROM 15571 POTAWATOMI ST IN HER YARD ACTING AGGRESSIVE TOWARD THEIR NEUFOUNDLAND DOG. TOLD ME SHE CALLED HER DOG INTO THE HOUSE AFTER WATCHING THE TWO DOGS CIRCLE HER DOG A FEW TIMES AND WHEN HER DOG RAN TOWARDS THE HOUSE THE OTHER TWO DOGS TRIED ATTACKING HIM. TOLD ME THE TWO DOGS BIT HER DOG ON THE TAIL. I LOOKED AT THE DOG AND DID NOT SEE ANY MARKS. TODAY RANDALL SAID HE ATTEMPTED TO CALL THE OWNER TO HAVE THEM GET THEIR DOGS BUT THERE WAS NO ANSWER. AFTER APPROXIMATELY A HALF HOUR OF BEING IN HIS YARD THE TWO DOGS WENT HOME. TOLD ME ONE OF THE DOGS THAT WAS IN THE YARD TODAY WAS THE ONE WITH THE BLUE COLLAR AND LOOKED DIFFERENT FROM THE OTHER THREE DOGS. I WENT TO SPEAK WITH THE OWNERS OF THE DOGS AT THE ADDRESS ON POTOWATOMI. UPON ARRIVAL FOUR GERMAN SHORTHAIR POINTERS RAN TO MY SQUAD AND STARTED TO CIRCLE IT. I OPENED MY DOOR AND THE DOG WITH THE BLUE COLLAR NAS DESCRIBING BECAME AGGRESSIVE TOWARD ME AND STARTED TO BARK WHEN I STOOD UP. I ATTEMPTED TO CALL INSIDE THE RESIDENCE SEVERAL TIMES TO HAVE SOMEONE CONTAIN THE DOGS BUT THERE WAS NO ANSWER. AFTER A FEW MINTUES A MALE IDENTIFIED AS ZACKARY CAME OUTSIDE. HE SAID HE WAS THE HOMEOWNERS SON AND THE HOMEOWNERS WERE NOT HOME. I ADVISED HIM OF THE COMPLAINT AND GAVE HIM A BUSINESS CARD TO HAVE THE HOMEOWNERS CALL ME. HE SAID HE WOULD. I ALSO ADVISED HIM THE FOUR DOGS NEEDED TO BE CONTAINED IN THE YARD AS WE HAVE HAD SEVERAL ISSUES WITH THEIR DOGS RUNNING LOOSE AND BITING PEOPLE. HE SAID HE UNDERSTOOD. IT SHOULD BE NOTED ON 10/22/10 RANDALL CALLED REGARDING TWO OF THE DOGS BEING IN HIS YARD, SEE CASE NUMBER 10-244781. ALSO SEE CASE NUMBERS 10-075431 AND 10-076866 REGARDING DOG BITE INCIDENTS. I WILL ALSO BE DOING FOLLOW-UP WITH THE CITY OF ANDOVER REGARDING A POSSIBLE VIOLATION OF ORDINANCE NUMBER 5-1A-3 (NUMBER OF DOGS RESTRICTED) AS IT IS UNKNOWN AT THIS TIME IF THEY ARE ABLE TO HAVE FOUR DOGS AT THE RESIDENCE. CSO ROEDER ACSO-PATROL :dd/10-26-10 CC: ANDOVER CITY HALL THIS OFFENSE IS DECLARED: Unfounded [ ] SIGNED: DATE: Cleared by Arrest [ ] Investigating Officer Exceptionally Cleared [ j Inactive (Not Cleared) [ ] SIGNED: DATE: Refer to other Agency [ ] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. TT Y %0 F ) OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US November 10, 2010 Barry and Shelly Larkin 15571 Potawatomi St. NW Andover, MN 55304 Dear Mr. & Ms. Larkin: Your German Shorthair, Brandy has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it bit a woman on April 10, 2010. In the event your dog again aggressively attacks, bites or otherwise endangers the safety of humans or animals, the city may declare the dog to be a "dangerous dog" and will be subject to restrictions, including abatement. We have received a complaint that your dogs are allowed to run at large. As stated in the City of Andover Code 5-1A, this behavior is considered a nuisance. I have enclosed a copy of the code for your review. We have also learned that you own more than 3 dogs. In order to have that number of dogs you would need to have a kennel license. A kennel license may be obtained if you have at least 2.5 acres of land and a Conditional Use Permit issued by the City. Any person who shall violate any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Thank you in advance for your cooperation. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, lfterf 12 Michelle Hartner Deputy City Clerk Enclosure JUL, 14, 2011 8:17AM PATROL N0. 8915 P. 1 ANOKA COUNTY SHERIFFS OFFICE IMN0020000 0 Reporting Officer(sy u- C5005 ROEDER, SAMANTHA 2 ha epo e : AsaignO : Armred. W 071121201109:36 AM I I 0935 0946 0r est Datemme Occurred: Laiest DatetTn _ 07/06/2011 12:00 AM Location of Pse nc dent: 1sii71 POTAWATOMI ST NW ANIJOVER, MN 55304 - JCF: Add'I 1111111111111111111111.1111111111111111111111111111 Pages: * 1 ! 155286 Total Value Stolen tP vara): Cleared: 1022 Tata] Value Damaged (P"&V): Total Value Recovered (Frwem: Al 0000 - ANDOVER CO RD 7>RUM RIV OTHER OTHER Incident Narrative 1 DISPATACHED TO THE ADDRESS ON INCA CIR TO SPEAK WITH ANNA REGARDING A'DOG ATTACK RIEPORT. UPON ARRIVAL, ANNA TOLD ME ON 07-06-11 SHE WAS WALKING HER 1 YR OLD BELGIAN SHEPARD, F[S]4, ON POTAWAMI ST. SEH SAID HER NORMAL WALKING ROUTE IS ON POTAWATOMI. SHE SAIDSHE WA&UN THE WEST SIDE OF THE ROAD AND WHEN SHE GOT TO 15571 POTAWATOMI ST, THREE DOGS; IDENTIFIED AS GERMAN SHORT HAIR POINTERS FROM PREVIOUS CALL, RAN INTO THE ROAD AND ATTACKED HER DOG.' SHE SAID THE DOGS ONY GOT FUR OFF THE DOG AND DIDN'T BREAK SKIN. SHE SAID THIS ATTACK WAS UNPROVOKED. SHE HEARD A FEMALE CALL THE DOGS BACK TO THE HOUSE.,' -,THE DOGS THEN RAN- OFF.' WHEN ANNA STARTED WRITING DOWN THE ADDRESS, A MALE SHE BELIEVED TO BE THE HOMEOWNER, CAME DOWN TO HER AND APOLOGIZED. ANNA TOLD ME SHE WAS VERY SCARED AND KNEW IF SHE DIDN'T HAVE HER DOG WITH HER, SHE WOULD HAVE BEEN ATTACKED. THERE HAVE BEEN SLVERA'L CALLS IN THE PAST REGARDING THESE DOGS RUNNING LOOSE AND BITING PEOPLE. SEE CASL m510'075431 (DOG BITE), 10-076866 (DOG BITE), 10-244305 (DOG LOOSE) AND 10-244781 (DOG LOOSE). NAM�COOE9. A -Adult Arrested, AC-ArrastrngCiOzen, C-Cornplalnant, D -Driver, F-Famlly/Paronl, G-Guar4len, J -Juvenile Arrested, MOO Code: Classification: Uj 09574 ANIMAL COMPLAINT - DOC NO LICENSE Person Cade:Name: Alias: ❑ Business '4 R DIRKSWAGER, ANNA LORETTA W 09573 ANIMAL COMPLAINT - DOG ONLOOSEINO to Weight Z ye Colon Om us. hone: W Ce11/Paget ax: LL de: ame: Alias: u- 0 3 LARKIN, SHELLY MARGARET JCF: Add'I 1111111111111111111111.1111111111111111111111111111 Pages: * 1 ! 155286 Total Value Stolen tP vara): Cleared: 1022 Tata] Value Damaged (P"&V): Total Value Recovered (Frwem: Al 0000 - ANDOVER CO RD 7>RUM RIV OTHER OTHER Incident Narrative 1 DISPATACHED TO THE ADDRESS ON INCA CIR TO SPEAK WITH ANNA REGARDING A'DOG ATTACK RIEPORT. UPON ARRIVAL, ANNA TOLD ME ON 07-06-11 SHE WAS WALKING HER 1 YR OLD BELGIAN SHEPARD, F[S]4, ON POTAWAMI ST. SEH SAID HER NORMAL WALKING ROUTE IS ON POTAWATOMI. SHE SAIDSHE WA&UN THE WEST SIDE OF THE ROAD AND WHEN SHE GOT TO 15571 POTAWATOMI ST, THREE DOGS; IDENTIFIED AS GERMAN SHORT HAIR POINTERS FROM PREVIOUS CALL, RAN INTO THE ROAD AND ATTACKED HER DOG.' SHE SAID THE DOGS ONY GOT FUR OFF THE DOG AND DIDN'T BREAK SKIN. SHE SAID THIS ATTACK WAS UNPROVOKED. SHE HEARD A FEMALE CALL THE DOGS BACK TO THE HOUSE.,' -,THE DOGS THEN RAN- OFF.' WHEN ANNA STARTED WRITING DOWN THE ADDRESS, A MALE SHE BELIEVED TO BE THE HOMEOWNER, CAME DOWN TO HER AND APOLOGIZED. ANNA TOLD ME SHE WAS VERY SCARED AND KNEW IF SHE DIDN'T HAVE HER DOG WITH HER, SHE WOULD HAVE BEEN ATTACKED. THERE HAVE BEEN SLVERA'L CALLS IN THE PAST REGARDING THESE DOGS RUNNING LOOSE AND BITING PEOPLE. SEE CASL m510'075431 (DOG BITE), 10-076866 (DOG BITE), 10-244305 (DOG LOOSE) AND 10-244781 (DOG LOOSE). NAM�COOE9. A -Adult Arrested, AC-ArrastrngCiOzen, C-Cornplalnant, D -Driver, F-Famlly/Paronl, G-Guar4len, J -Juvenile Arrested, M -Mentioned, MP -Missing Person, I - Ctherinvolved, 0 -Owner, P - Passenger, PT -Perpetrator, R-Reportee, S - Suspect, V-Vlcgm, W -Witness Person Cade:Name: Alias: ❑ Business '4 R DIRKSWAGER, ANNA LORETTA A mess (Street, City, State. Zip)! Apt.: Date o Birth: Ssx; Race; 15640 INCA ST NW ANDOVER, MN 55304- FEMALF WHITE Height: Weight Hair o Or. ye Colon Om us. hone: ork/Bus. Cell: Ce11/Paget ax: Person U: de: ame: Alias: ❑ BusinessA 3 LARKIN, SHELLY MARGARET Address (Street, City, tate, 5p): P ate 0 ex: Race: 15571 POTAWATOMI ST NW ANDOVER, MN 55304- 1 FEMALE WHITE Height weight; Hair Calor: Eye 0 or: Home/Bus. Phone. Bus, Cell elllPagadFax: 506 HAZEL I ❑ Person A/JIU: Codo: Name: Allas: ❑ Business Address(Street, City, State, Zip): Apl : Date of Birth; Sex: ace: Height: Weight: Hair Color. ya Calor Home! us.Phone: 11100 51,161 01: el ager/Fax: Supervisor! Extra Copy I o:Ralated Case Number: Page 1 of 2 IS JUL, 14. 2011 8:18AM PATROL NO, 8915 P. 2 Narrative 1 Continuation: Page 1 of 1 Case Number; *11155286* Author: I ATTEMPTED TO MAKE CONTACT WITH AN OWNER BUT WAS UNABLE TO. I LEFT A BUSINESS CARD AT THE ADDRESS. I ALSO DID NOT SEE/NEAR THE DOGS. I CONTACTED MICHELLE AT CITY OF ANDOVER AND ADVISED HER OF THE SITUATION. SHE TOLD ME BRANDY, ONE OF THE DOGS, HAD BEEN DEEMED POTENTIALY DANGEROUS IN NOVEMBER 2010. BRANDY'S LICENSE WITH THE CITY IS ALSO EXPIRED, 06-11-11. 1 ADVISED MICHELLE "POTENTIALLY DANGEROUS DOG" FORMS WILL BE FILLE=D OUT ON ALL THREE DOGS ONCE WHEN AN OWNER CAN BE CONTACTED. ALSO I WOULD BE MAILING A CITATION TO THE OWNER, SHELLY, FOR NUISANCE DOG AND DOC', LICENSE REQUIRED. SHELLY HAS RECEIVED A CITATION 1N THE PAST (04-10-10) FOR NUISANCE DOG. MAILED CITATION #955-186 TO SHELLY VIA US MAIL. FORWARDED REPORT TO THE CITY OF ANDOVER, NFA. CLEAR. CSO S. ROEDER KW: 07-13-11 CC: CLERK OF COURTS 0 ..., syy' .. .,.a�..� ��..�,:. JUL. 14. 2011 8:19AM PATROL NO, 8915 P, 6 WnCE OF "PCiEN71ALLY DANGEROUS DOG+ Name oT Ctwner: Date of NOti-Picati❑n: • 2- /2'11 Address: ^I l Pa A �fy �, ��-'/ Daae of Birth: �nC�a✓ter yt/tW , 3d7 Citation Number; Home Phone; Business phone: Name of Dag. Iwli -- Breed sex; Gr+ahlC . Age: i feuteradj payed: ] YUM © NO 6erNIP4 Csiar: Wes mitten P2rsaR ar other domestic animai �_ jg► r%nA t� t wiliie ori public propertywas cizased or Qer n approached by the above said dog in app2rern attitude of attack without provocaton or; 3. The above said dog leas on the faiiawing dogs in the past attacked, personas oar offer domeswc animals wiihuut pravccation; r 17ate Time Date Time . I.C.R. M Date Time i.c.R. it Ed; -I�2-lI . _signal gy: • /�'! c��1a �� 6;0 Deputes Name Til �; laka Caul S,`aerif's DepaFtnersi Atrnka County, Minnesota c_ Dag Owner Anoka County Properly, Tax,A.dminiska#on 6 0 } JUL. 14.2011 8:19AM - PATROL NO. 8915 P. 7 NOT CE ©F "'PQTF-N-nAI LY DANGEROUS DGS", icy Name of Owner: �tGt�l Agffotel- Lacroti oat, of Notincs#ion: haze of Birth.. no`O�rt dW S' a Citation Number", Home Phone: Business Phane: Marne of Dog:�b (�nr«t — Hreetl: �OCrM�n Sit, u((iw: r Crier: l�ro�n c J� lre Sex_ ILMe- Age: Men�ereci/Spaded: �`l$S r O NO 1. [I Was buten persan or other domestic animai , '(VSr wbiie on'pub#uc properly was Chasad or Persna approached ley the above'said dog in apparent attitude of attackwithcgt pravocatIou or; S. C7 7 -he; bove said dog has on the following data9 in ?i1e past attacke�I, parsons os oilier dornestic animals without provocation: Date rme Date TIME Signed By: _ -Anclka %C4gr 7-StierifF!3 DevarlTni�& Armkz Coui ity, Minnesotz 7epa4es Fame c: Ocg ewnee Annim Coclrlt+J PmnesiyTax .Admials#� n L L r JUL. 14.2011 8:20AM - PATROL N0, 8915 P. 8 NOTICE 4F "POs EM IALLY DANGEROUS OGG" '-IGFt T: 5 U246 Name of Owner: 5611;.) �a� a� t�alSb� pati oz lto�ina�#ian: f � - /off- li Address: Date of Birth: s ' f�f i o�p r yU S 530 Citation Number: Home Phcn.e: � Business Phone: Name of bag: PAAAq Bleed- erMM SI1a1�Gn,f Co3or: roan r 7k i Sex: . Ma �G � Age: o Neutered/Spayed: YES O NO' 0 Yeas hittsn Person or other domestic animal �. ct/moi rlG u ;° f wfi+i reacorfhed by tublic he above said dog iwas chased n persnrt apparan attitude of aitao wi3ilacrt pravocation ❑r; 3, p The above said dog has on the failowing date$ in the past attacked, persons or otlzer dom'OSUC animals wilhaut prawcatiam Date Mme 1.C -FL i� Date Time Rale Tile I.C.Fi,x Signed By: / Qroil�e/ G7 deputes Narrle fr>le Atrolta Qoun'ty, Minnesati3 c. ncg ownee . ' Ancka Courrty Property, TaxA4mid-,d adon 00 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US July 15, 2011 Barry & Shelly Larkin 15571 Potawatomi St. NW Andover, MN 55304 Dear Mr. & Ms. Larkin: This notice is to inform you a hearing has been scheduled for August 4, 2011 at 7:00 p.m. at Andover City Hall to consider classifying your German Shorthair, Brandy as a "Dangerous Dog" and to request abatement. The City Council shall hear such facts, as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify your dog as a dangerous dog and require abatement. If before the hearing you decide abatement for Brandy, the City requires a notarized letter indicating the address of where Brandy is placed. I have enclosed a copy of City Code 5-1 for your review. If you have any questions, please feel free to call me at 763-767-5107. Sincerely, Michele Hartner Deputy City Clerk Enclosure D STATE OF MINNESOTA COUNTY OF ANOKA ss. CERTIFICATE OF SERVICE f I hereby certify that on the day of 201 , at hours at 15�% f eUtZIA ;I "S7 /VLy in e City of 0 J at 2a� County of Anoka, State of Minnesota, I duly served the following: > Notice of Motion and Motion Notice of Mortgage .Foreclosure Sale/ Notice of Homestead Designation Order for Harassment Hearing and Ex Parte Temporary Restraining Order Summons/Complaint upon the following party: Harassment Affidavit Restraining Order Order for Domestic Order Abuse Hearings and Order to Show Cause Ex Parte for Request for Production Protection, Affidavit of Documents and Petition Interrogatories Order for Hearing Affidavit and Order in Summons/Complaint Supplemental (Unlawful Detainer) Proceedings Subpoena Summons/Petition by personally leaving a copy with by leaving a copy at the place of usual abode with , a person of suitable age and discretion then residing therein CERTIFICATE OF UNSERVED PROCESS The attached process is returned for the following reason(s): Person unknown at address Unable to get response No such address Person moved, new address unknown Sheriff's Fees: Service $ Travel $ Notary Fee $ Total $ Bruce And�ei / By: -Z- Date: Date: Z'4 - Service cancelled by litigant of Anoka County Deputy Sheriff to muzzle it securely so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. (Amended Ord. 233, 11-4-1997) 5-1A-11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND CATS: A. Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a dangerous dog/cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog/cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a dangerous dog/cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1A-1 of this article, definition of the term "dangerous dog/cat", have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog/cat is classified as a dangerous dog/cat, the following shall apply: 1. The owner of the dog/cat shall be notified in writing and by certified mail or personal service, that the dog/cat has been classified as a dangerous dog/cat and shall be furnished with a copy of the resolution. 2. If the dog/cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shall be notified that the dog/cat license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog/cat, or makes the dog/cat available for the taking of photographs by city staff for insertion in the permanent files. 3. The City Clerk shall maintain a permanent file of all dogs/cats classified as dangerous dogs/cats indexed under the owner's name. 4. No person may own a dangerous dog/cat in the city unless the owner complies with this section. The animal control authority of the city may charge the owner an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration for a dangerous 0 dog/cat under this section. A dangerous dog/cat registered under this section must have a standardized, easily identifiable tag identifying the dog/cat as dangerous and containing the uniform dangerous dog symbol, affixed to the dog/cat's collar at all times. The owner of the dangerous dog/cat must comply with the following provisions and present sufficient evidence of compliance with them: (Amended 12-2-08; Ord. 376) a. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearly visible warning sign that there is a dangerous dog/cat on the property, including a warning symbol to inform children; and (Amended 12-2-08; Ord. 376) b. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least three hundred thousand dollars ($300,000.00) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least three hundred thousand dollars ($300,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. (Amended Ord. 233,11-4-1997; Amended 12-2-08; Ord. 376) c. The owner has paid an annual fee, in addition to any regular dog/cat licensing fees, to obtain a certificate of registration from the city for a dangerous dog/cat. (Amended 12-2-08; Ord. 376) d. The owner has had microchip identification implanted in the dangerous dog/cat as required under Minnesota Statues Section 347.515. (Amended 12-2-08; Ord. 376) e. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. If the dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. (Amended 12-2-08; Ord. 376) f. The animal control authority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as 0 applied by this article; 3) the dog/cat is not maintained in the proper enclosure; 4) the dog/cat is outside the proper enclosure and not under physical restraint of a responsible individual; 5) the dog is not sterilized within 30 days, pursuant to city code section 5-1A-11 A 4.j. If the owner of a dog/cat is convicted of a crime for which the dog/cat was originally seized, the may order that the dog/cat be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog/cat. (Amended Ord. 233, 11-4-1997; amd. 2003 Code; Amended 12-2-08; Ord. 376) g. If the animal control authority for the city issues a certificate of registration to the owner of a dangerous dog/cat pursuant to section 5-1A-11 a. 4., the animal control authority requires posting of the owner's property with a warning symbol to inform children that there is a dangerous dog/cat on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. (Amended 12-2-08; Ord. 376) h. An owner of a dangerous dog/cat must renew the registration of the dangerous dog/cat annually until the dog/cat is deceased. If the dog/cat is removed from the city, it must be registered as a dangerous dog/cat in its new jurisdiction. (Amended 12-2-08; Ord. 376) i. An owner of a dangerous dog/cat must notify the animal control authority of the city in writing of the death of the dog/cat or its transfer to a new location where the dog/cat will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affidavit under oath setting forth either the circumstances of the dog/cat's death or disposition or the complete name, address, and telephone number of the person to whom the dog/cat has been transferred or the address where the dog/cat has been relocated. (Amended 12-2-08; Ord. 376) j. The animal control authority of the city shall require a dangerous dog/cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority may seize the dog/cat and have it sterilized at the owner's expense. (Amended 12-2-08; Ord. 376) k. A person who owns a dangerous dog/cat and who rents property from another where the dog/cat will reside must disclose to the property owner prior to entering the lease agreement and at the ®r5 time of any lease renewal that the person owns a dangerous dog/cat that will reside at the property. (Amended 12-2-08; Ord. 376) I. A person who transfers ownership of a dangerous dog/cat must notify the new owner that the animal control authority has identified the dog/cat as dangerous. The current owner must also notify the animal control authority in writing of the transfer of ownership and provide the animal control authority with the new owner's name, address and telephone number. (Amended 12-2-08; Ord. 376) 5. All provisions of Minnesota State Statute Sections 347.54, 347.541, 347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure, disposition of seized animals, restrictions on dog ownership, penalties, and destruction of dogs in certain circumstances. (Amended 12-2-08; Ord. 376) 6. The following are exceptions to the dangerous dog/cat classification: a. The provisions of this section do not apply to dangerous dogs/cats used by law enforcement officials for official work. b. Dogs/cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. (Amended 12-2-08; Ord. 376) 7. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. (Amended Ord. 233, 11-4- 1997; Amended 12-2-08; Ord. 376) B. Potentially Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, Sheriffs Deputy, animal control officer, or other duly authorized person, occurred under 0�p circumstances which would justify the classification of the dog/cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog/cat, in writing, that the dog/cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the city may declare the dog/cat to be a dangerous dog/cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog/cat to the City Clerk. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) 5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. (Amended Ord. 233,11-4-1997) 5-1A-13: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this article and/or the zoning ordinance' . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other.person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs 2 . See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. 5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4- 1997) 5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this article. (Amended Ord. 233, 11-4-1997) 5-1A-17: ABATEMENT OF NUISANCE CONDITIONS: A. Nuisances Subject To Abatement: The following are declared nuisances subject to immediate abatement by resolution of the City Council: 1. Any dog/cat that has, without provocation, inflicted "substantial bodily harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a, on any person; or 2. Any dog/cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as "established" by the City Council, or which results in a conviction in a court of competent jurisdiction; or 3. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon a prior incident, that the dog/cat is a "dangerous dog/cat' as defined by this article. B. Placement On Council Agenda; Notice Requirements: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. C. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. D. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: 1. The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty -(30) days of the order shall be assessed against the owner's property. (Amended Ord. 233,11-4-1997) 2. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. 3. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive relief and may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order. (Amended Ord. 233, 11- 4-1997; amd. 2003 Code) 5-1A-18: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4- 1997) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA N YU1W608083 A RESOLUTION DECLARING A DOG OWNED BY BARRY AND SHELLY LARKIN, 15571 POTAWATOMI STREET NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, a German Shorthair named Brandy owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, Andover has been allowed to run at large; and WHEREAS, on April 8, 2010, said dog left its property and bit a woman; and WHEREAS, on April 10, 2010, said dog left its property and bit a woman; and WHEREAS, on November 10, 2010 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on July 6, 2011, said dog left its property and was aggressive towards a woman and her dog. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports of the April 8, 2010, April 10, 2010 and July 6, 2011 incidents and testimony at the hearing to hereby declare a German Shorthair owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5-1A-11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Barry and Shelly Larkin a copy of the resolution. Adopted by the City Council of the City of Andover this 4t' day of August, 2011. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION REQUIRING ABATEMENT FOR A DOG OWNED BY BARRY AND SHELLY LARKIN, 15571 POTAWATOMI STREET NW, PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-17. WHEREAS, a German Shorthair named Brandy owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, Andover has been allowed to run at large; and WHEREAS, on April 8, 2010, said dog left its property and bit a woman; and WHEREAS, on April 10, 2010, said dog left its property and bit a woman; and WHEREAS on October 3, 2010, said dog left its property and was aggressive towards another dog; and WHEREAS, on November 10, 2010 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on July 6, 2011, said dog left its property and was aggressive towards a woman and her dog. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports of the April 8, 2010, April 10, 2010 and July 6, 2011 incidents and testimony at the hearing to hereby require abatement for a German Shorthair owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW pursuant to City Code Title 5, Chapter, 1 Section 5-1A-17. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Barry and Shelly Larkin a copy of the resolution. Adopted by the City Council of the City of Andover this 0 day of August, 2011. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk NOVE D 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule August EDA meeting August 4, 2011 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the Aug 16, 2011 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Redevelopment Discussion 2. Monument Entrance/Electronic Reader Board Update 3. EDA Project Progress Review 4. TIF District & EDA Budget Update 5. Parkside at Andover Station Update 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the August 16, 2011 City Council meeting. ,NDOVE A r 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report August 4, 2011 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. Legislative Updates 3. Update on Development/CIP Projects 4. Meeting reminders/Community Events 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. submitted, Dickinson 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for August 4, 2011 City Council Meeting DATE: August 4, 2011 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Accept Contribution/Andover Football Association/Andover Dog Park — Finance Add -On Item. Approve Quote for Building A ((Large Garage)/Floor Sealant - Finance Discussion Items Move Item #4 to Discussion. Award Bid/11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173`d Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion (Supplemental) — Engineering Item #8. Consider Declaring Dangerous Dog/l5571 Potawatomi St. NW (Supplemental) — Administration submitted, M 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 / Finance Direct( FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contribution / Andover Football Association / Andover Dog Park DATE: August 4, 2011 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by Andover Football Association to be used towards the Andover Dog Park. DISCUSSION Andover Football Association has made a one-time contribution of $500. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully submitted, Lee Brezinnkka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ANDOVER DOG PARK. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover Football Association of $500 is to be used towards the Andover Dog Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Dog Park. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of August 2011, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director Lee Brezinka, Assistant Finance Director Approve Quote for Building A (Large Garage) — Floor Sealant August 4, 2011 INTRODUCTION Sealing the concrete floor in Building A, the large garage, takes place every two years. This helps to deter any spalding from the daily traffic and salt and maintain the integrity of the floor. DISCUSSION It costs approximately $8,000 for materials to seal the floor and is applied by city staff every two years. After doing some research and comparing different process and products, staff felt it was prudent to pursue a process and product that would have less facility down time and help extend the life of the floor. Below are quotes from various companies. SwedeBro Resurfacing 1.- Diamond grind floor and one coat epoxy system, est. life 4-5 yrs $15,954 2.- Diamond grind floor and two coat epoxy system, est. life 10-20 yrs $27,998 GarageFloorCoatingof MN 3.- Diamond grind floor and two coat epoxy system $25,000 (did not supply a one coat epoxy quote) Sterling Stone and Tile Inc 4.- Polish concrete and two coat densifyer/hardener $37,500 Staff is recommending Option #1 provided by SwedeBro Resurfacing. BUDGETIMPACT The Capital Equipment Reserve Special Revenue Fund has $8,000 budgeted for 2011 and $9,000 planned in the CIP for 2013 to. seal the floor in Building A. If Option #1 is approved and lasts the estimated 4 years, it will save the City the time and expense of moving all the equipment out of the garage every two years in addition to the staff time of applying the product. It will also push the next sealing in the CIP to 2015. ACTION REQUESTED The Andover City Council is requested to approve Option #1 in the amount of $15,954 to be funded by the Capital Equipment Reserve Special Revenue Fund. Respectfully submitted, Lee Brezinka Attachment: CIP Project Sheet Capital Plan City of Andover, MN Project 0 11-41900-02 Project Name Building A -Seal Floor Type Improvement Useful Life 2 Years Category Facility Management Description 2011 thru 2015 Department Facility Management Contact DPW / City Engineer Priority 1 -High a sealant to the cement floor in Building A (large : cement floor in Building A spalds due to daily traffic and salt. Sealing of the floors should be repeated every 2 years to retain the integrity o floor surface. Without this process, the cement floor would deteriorate and have to be replaced. It is much more cost effective to perform the ntenance than to replace the entire floor. Expenditures 2011 2012 2013 2014 2015 Total Facility Maintenance 8,000 9,000 10,000 27,000 Total 81000 9,000 10,000 27,000 Funding Sources 2011 2012 2013 2014 2015 Total Capital Projects Levy 8,000 9,000 10,000 27,000 Total 8,000 9,000 10,000 27,000 Budget Impact/Other ?roper maintenance extends the life of the cement floor, thus not having to replace it before its life expectancy is up. 24 C I l at T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755-5100 FAX (763) 755-8923 WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Award Bid/11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion Engineering DATE: August 4, 2011 INTRODUCTION The City Council is requested to receive bids and award of the contract for the Projects 11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion. DISCUSSION Bids were received on July 29t` for the above subject projects. The total bid exceeds the Engineer's Estimate due to the increase in bituminous bid costs and the addition of storm water culverts that were not identified in the original feasibility report. Some of the storm water culvert costs are not considered assessable because the project requirements have changed from existing corrugated metal pipe to concrete pipe. Emergency culvert repairs that have been completed this year have shown that corrugated metal pipe rusts away after 20 to 30 years causing failures which lead to emergency repairs. The City is now replacing old corrugated metal pipes with concrete pipe for all reconstruction projects. This has added to the project cost and staff recommends that if the culvert did not require replacement then the cost is not assessable or if the culvert required replacement, the difference in cost from metal to concrete should not be assessed. The three lowest bids received are as follows: Contractor Total Bid Rum River Contracting Co. $391,736.52 North Valley, Inc. $426,493.75 Hardrives, Inc. $479,052.35 Engineer's Estimate $351,015.00 Please refer to the attached bid tabulation for a breakdown of bids and unit prices. Staff recommendation is to award the contract at the total bid price and hold the maximum assessment to what was identified in the feasibility report. To rebid the project at this time may not result in better pricing and will most likely delay completion of construction to next spring/summer depending on weather conditions. Mayor and Council Members August 4, 2011 Page 2 of 2 BUDGET IMPACT The street reconstruction projects will be funded from the City's Road & Bridge Fund and 25% (not to exceed the assessment cost identified in the feasibility report) of the total project cost will be assessed to the benefiting properties for City Project 11-02A and 50% (not to exceed the assessment cost identified in the feasibility report) of the total project cost will be assessed to the benefitting properties for City Project 11-24. Project 11-11 will be funded 100% by the existing Tax Increment Project Fund. ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Rum River Contracting, Inc. in the amount of $391,736.52 for Projects 11-2a, Flintwood St. NW/11-24, Butternut St. NW, 173`d Ave. NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion. Respectfully submitted, ra;e o•( David D. Berkowitz Attachments: Resolution & Bid Tabulation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 11-2a, FLINTWOOD STREET NW/11-24 BUTTERNUT STREET NW 173RD AVENUE NW & FLINTWOOD STREET NW/11-11 ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 051-11 & 052-11 dated July 6 , 2011, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $391,736.52 North Valley, Inc. $426,493.75 Hardrives, Inc. $479,052.35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting Co as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contracting Co in the amount of $ 391,736.52 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council ata regular meeting this 4th day of August 1 2011 , with Council members of the resolution, and Council members voting in favor against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. 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WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: DISCUSSION Mayor and City Council Jim Dickinson, City Administrato Michelle Hartner, Deputy City Cl, Declare Dangerous Dog (Supplemental) August 4, 2011 Attached is a supplemental letter from Anna Dirkswager, one of the residents bit by the German Shorthair Brandy. Ms. Dirkswager was involved in the April 8, 2010 and July 6, 2011 incidents. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Letter Michelle Hartner From: Anna Dirkswager [adirkswager@gmail.com] Sent: Tuesday, August 02, 2011 8:58 AM To: Michelle Hartner Subject: statement on Brandy's hearing Hello Michelle, This is the statement I would like to make in my absence: While I do feel very bad that a verdict of this hearing may be abatement, I also do not feel safe on the public street outside of Brandy's house currently. The fust attack was bad and left a 2-3 inch permanent scar on my thigh, however, I am positive that if I would not have had my dog with me on the last attack, the outcome would have been much worse; I cannot fend off two dogs following an aggressive leader. I can only imagine if instead of me, it would have been a child. I also feel that if the owners were concerned with the possibility of Brandy having an abatement hearing, they would have taken more preventative measures over the course of the past year and half (e.g. a physical fence, leashes, tying the dogs up, mussels when out, etc.). If it were an option for the city to require that the dog owners put up a chain link fence and then check to ensure the fence is installed, that would be my preference over abatement. However, if that is not an option, I'm not sure that I trust that the owners will prevent attacks like these from happening again. It's already happened twice, I don't want there to be a third time. Again, please understand that I am sorry about this potential verdict and that I do understand that your dog is your pet and loved. I wish that it didn't come down to your pet vs. public safety, but unfortunately, it has. Thank you Anna Dirkswager I