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Home My WebLink AboutCC - September 6, 2011 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Regular City Council Meeting - Tuesday, September 6,2011 Call to Order-7:00 pom, Pledge of Allegiance Proclamation Constitution Week September 17-23,2011 Proclamation Resolution October 2011 Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/16/11 Regular) Consent Items 2, Approve Payment of Claims - Finance 3, Approve 2012 Anoka County Sheriff Contract - Administration 40 Approve Contract for School Liaison! Anoka-Hennepin School District # 11 - Administration 5, Approve Change Order #1/1l-2a, Flintwood St, NW/1l-24, Butternut St. NW, 173rd Ave, NW & Flintwood St. NW/11-11, Andover Station North Ball Field Parking Lot Expansion - Engineering 6, Declare Cost/Order Assessment RolVII-2b, 11-2c & 11-2d/20 11 Street Reconstruction - Engineering 7, Approve Assessment Agreement/l1-l6/Rosella Sonsteby Property/SS & WM Extension - Engineering 8, Approve Resolution Accepting Resignation and Declaring a Vacancy/Councilmember Jacobson - Administration 9, Approve Resolution Calling for a Special Election - Administration 10, Financial Policy Changes/GASB No, 54 - Finance Discussion Items 11. Discuss Woodland Estates Drainage Resolution ProposaVII-32 - Engineering 12, Consider Declaring Dangerous Dog/1815 Andover Boulevard - Administration 13, Review/Adopt 2012 Preliminary Tax levy - Administration/Finance 14, Review/Adopt 2012 Debt Service Levy Changes - Administration/Finance Staff Items 15, Discuss Anoka County Property Adjacent to Round Lake Boat Landing - Engineering 16, Set Hearing Date(s) for 2012 Budget & Levy Discussion & Public Comment-Administration 17, Schedule Interview Date( s) for City Council Vacancy Appointment Candidates - Administration 18, Administrator's Report - Administration Mayor/Council Input Adjournment -- , Constitution Week September 17-23, 2011 WHEREAS, our Founding Fathers, in order to secure the blessings of ~ liberty for themselves and their posterity, did ordain and establish a Constitution for ~ the United States; and, ~ . WHEREAS, it is important that all citizens fullY:l.l!1:derstand the " provisions and principles contained in the Constitution in order to\~ffectively \ WHEREAS, the independence guaranteed to American citizens, " whether by birth or naturalization, should be celebrated during Constitution Week, " ~ September 17 through 23, 2011, as designated by proclamation of the President of Qc the United States of America in accordance with Public Law 915 ~ . ~ .~ . NOW THEREFORE, BE IT RESOLVED that I Mike Gamache, . QC ~ Mayor of the City of Andover, do hereby proclaim the week of September 17 through ~ .23, 2011 as f o CONSTITUTION WEEK ...lI. Mike Gamache, Mayor ~ City of Andover " Qc " -r Proclamation Resolution No, October of 2011 is proclaimed as Domestic Violence Awareness Month WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc" a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence, Now, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that proclaims October to be Domestic Violence Awareness Month on Phone: 763-780-2332 \.\11 i. / 24-Hour Crisis line/TTY: 763-780-2330 '8;" \:II~'j/ Fax: 763-780-9696 '---.;,~"'::::::::-/ ~.. -..... .~.,......'<;:..-'---_., www.AlexandraHouse.org AI exand rar-iJ../ P.O. Box 49039 ~>(. Blaine, MN 55449-0039 Working to end domestic H 0 use and sexual violence. August 8, 2011 Mr, Jim Dickinson, City Administrator 1685 Crosstown Blvd NW Andover, MN 55304 ~ Dear Mr. DI , Every year t' oughout the country, October is officially recognized as Domestic Violence Awareness Month, Counties and cities all over the US take the opportunity to honor this month through an official proclamationoln choosing to locally proclaim October as DVAM, the City of Andover shows its recognition of both the gravity of the problem and the importance of the ongoing work to create a violence-free community in Anoka County, Your city's proclamation will add to the chorus of voices insisting that women, men, and children all have a right to seek peace and safety in their lives, Alexandra House is proud of its partnerships with all the communities throughout Anoka County. In this spirit, we will display all proclamations at our annual Walk for Hope: Steps to End Domestic and Sexual Violence on Saturday, September 24th at Bunker Hills Regional Park in Andover. This event, attended by over 500 participants every year, challenges our community to confront the impact of domestic and sexual violence, Additionally, it provides a space for survivors, family members, friends, and allies to honor those who have lost their lives as a result of domestic violence, Following the Walk for Hope. the proclamations will be prominently displayed at Alexandra House, Please contact our Community Education Coordinator, Amy Highness at 763-795-5452 or ahiqhness@alexandrahouse,orq if you have any questions regarding this request. Also enclosed for your reference is a sample you may wish to use to compose your proclamation, Thank you for your consideration and support of this important cause, ~!n~ Connie Moore Executive Director Enclosure Cc: Mayor Mike Gamache , '-. - .,' - _"c.:~ -_.:~ ",' M,< - o~~ :'.~~:--~-.}~f:[r~ ~-_'_'~:~-; ~~'~":~~X~g}T:~~1_~~~:~~:;~:3_~ _.~.:: ,': - ',:' ~-~;:~~Lti~~~;~':-~;~ (!) 1685 CROSSTOWN BOULEVARD N."W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: September 6,2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: August 16, 2011 Regular DISCUSSION The minutes are attached for your review, ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, L{Y)~~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 REGULAR ANDOVER CITY COUNCIL MEETING-AUGUST 16,2011 8 MINUTES 9 10 11 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike 12 Gamache, August 16,2011,7:10 p,m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 13 Andover, Minnesota, 14 15 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 16 Councilmember absent: None 17 Also present: City Attorney, Scott Baumgartner 18 Director of Public Works/City Engineer, Dave Berkowitz 19 City Administrator, Jim Dickinson 20 21 22 PLEDGE OF ALLEGIANCE 23 24 25 RESIDENT FORUM 26 27 No one wished to address the Council. 28 29 30 AGENDA APPROVAL 31 32 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to approve the Agenda 33 as presented. Motion carried unanimously. 34 35 36 APPROVAL OF MINUTES 37 38 July 19,2011, Regular Meeting: Correct as amended, 39 40 Councilmember Trude noted the following changes: 41 42 Page 4 - Line 16, strike the word "without" and insert "with." 43 44 Page 6 - Line 35, the sentence should read, "Mr, Carlberg stated it is, but that is allowed in this 45 zoning district. Mr. Carlberg stated the proposed height is 2 feet, 8 inches higher than what the 46 ordinance allows and would require a variance," 47 48 Page 8 - Line 26, strike the word "be," Regular Andover City Council Meeting Minutes - August 16, 2011 Page 2 1 Page 8 - Line 27, after the word "utility" add the word "easement." 2 3 Page 8 - Line 27, strike the words "in exchange." 4 5 Page 8 - Line 28, strike the words "for a vacation of easement." 6 7 Motion byCouncilmember Trude, Seconded by Councilmember Bukkila, to approve the minutes as 8 indicated above, Motion carried unanimously. 9 10 July 26, 2011, Workshop Meeting: Correct as amended 11 12 Councilmember Bukkila requested a correction on page 7 -line 15, strike the word "allotting" and 13 insert "it was in appropriate to allot." 14 15 Motion by Councilmember Jacobson, Seconded by Councilmember Bukkila, to approve the minutes 16 as indicated above. Motion carried 4 ayes, 0 nays, 1 present (Trude), 17 18 August 4, 2011, Regular Meeting: Correct as presented, 19 20 Motion by Councilmember Trude, Seconded by Councilmember Jacobson, to approve the minutes as 21 presented. Motion carried 4 ayes, 0 nays, 1 present (Gamache). 22 23 24 CONSENT ITEMS 25 26 Item 2 Approve Payment of Claims 27 Item 3 Accept Feasibility Report / Waive Public Hearing / Order Plans & Specs / 11-16 / 28 Rosella Sonsteby Property / SS & WM Extension ( See Resolution R062-11) 29 Item 4 Approve Agent / Broker of Record City's Employee Benefits Program 30 Item 5 Approve Resolution to Tax Increment Financing Districts 1-1 and 1-2 (See 31 Resolution R063-11) 32 Item 6 Consider On-Sale Intoxicating Liquor & Sunday Licenses / Pappy's Cafe 33 Item 7 Approve Application for Exempt Permit / Andover Lions Club 34 35 Motion by Councilmember Jacobson, Seconded by Councilmember Trude, approval of the Consent 36 Agenda as read. Motion carried unanimously, 37 38 39 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT 40 41 Commander Kevin Halweg, Anoka County Sheriff's Office, provided an update on law enforcement 42 activities for July 2011. He reported there were ten DWI arrests and nine domestic assault arrests, 43 On July 3 there was a house fire in the 1400 block of 155th Lane. On July 11 there was a possession 44 of controlled substance (Methamphetamine) arrest in the 13600 block of Round Lake Boulevard, On Regular Andover City Council Meeting Minutes-August 16,2011 Page 3 I July 14 there was a possession of stolen vehicle and DWI arrest in the 16800 block of Tulip Street. 2 On July 23 there was a domestic in progress arrest in the 2400 block of 154th Avenue NW, On July 3 24 there was a suspicious vehicle in the 3100 block of 174th Avenue NW and three males were 4 arrested. 5 6 Councilmember Jacobson stated at a work session, a proposal from the Sheriffs office to realign the 7 budget was presented, He asked what is the status of the proposal. City Administrator Dickinson 8 responded he will be talking to the Sheriff's office again tomorrow, but significant progress was 9 being made, 10 11 12 UPDATE WOODLAND ESTATES DRAINAGE CONCERNS / 11-32/2244 -149TH A VENUE 13 NW 14 15 Director of Public Works/City Engineer Berkowitz presented an update on the Woodland Estates 16 drainage issue. Mr, Berkowitz stated at the July 15 meeting, the City Council directed staffto meet 17 with the Anoka-Hennepin School District to see if the re-diverting of a pipe option would be 18 acceptable to the school and also directed the staff to hold a neighborhood meeting to discuss options 19 for possible improvements, He stated on July 16, the staff met with the Anoka-Hennepin School 20 District and they were receptive to provide an easement and allow the re-diversion of the pipe that is 21 currently directed into the center of the yards along 149th Avenue, Anoka-Hennepin School District 22 stated they wanted to be a part of the solution and work with the residents who abut the school 23 property, Mr. Berkowitz stated three options were presented to the residents: 24 1. Do nothing. Wait and see if the area goes back to a normal position and dries out over time. 25 2, Grade the yards to allow for a more positive drainage, With a re-grade at times there would 26 be standing water and saturation. Staff does not recommend this option, 27 3. Re-divert the existing pipe that flows to the north and re-divert this pipe to the south to the 28 existing pond at Andover High School. If this option is selected, an easement over the pond 29 area from the Anoka Hennepin School District will be needed, The City would be required 30 to take over the long term maintenance of the storm water pond because it will be a part of 31 the City's system. The City would look at the overflow ofthe pond, so it does not adversely 32 affect the property or the large wetland to the west. This would be part of the design review, 33 34 Director of Public Works/City Engineer Berkowitz stated at the meeting with the residents, the 35 residents stated it would be reasonable for the City to contribute half of the improvement cost. He 36 stated the estimated cost for this improvement is $16,250, The cost is based on up front funding and 37 no assessment process. Ifthe improvement goes through the 429 process, additional steps will need 38 to be taken which include preparing a feasibility report and bringing it to the City Council for 39 approval. If all the residents are receptive to the feasibility report findings, the residents can waive 40 the public hearing. By assessing, there are additional steps to go through which will add time in 41 getting the improvement completed, He commented the improvement can be done this year, but the 42 City would have to expedite the steps to get the construction done within the remaining portion of 43 the season, Mr. Berkowitz stated City staff is recommending this improvement be funded by the 44 residents who will benefit from the improvement and this recommendation was provided to the Regular Andover City Council Meeting Minutes~August 16,2011 Page 4 1 residents at the July 19th meeting. 2 3 City Administrator Dickinson stated at the July 19th meeting the staff recommendation was for the 4 residents impacted by the current drainage utility easement should pay for the improvement. A 5 significant portion of vacation of the drainage and utility easements could take place. The side yard 6 easements would still remain, A significant portion ofthe backyards would be allowed to be given 7 back to the residents. Mr, Dickinson stated the City Administration still stands behind its 8 recommendation from the meeting on July 19th, 9 10 Councilmember Jacobson asked what is the status of the area as of yesterday. City Administrator 11 Dickinson responded he was out there more than a week ago and there was water down in the 12 depression area. He stated Mr. Pietsch could probably better answer the question, Director of Public 13 Works/City Engineer Berkowitz responded he checked the ponds about a week ago and the second 14 pond was discharging about an inch into the pipe which means the ground water is high and 15 continues to discharge, 16 17 Gordon Pietsch, 2228 149th Avenue NW, stated the water continues to be there and every time it 18 rains the water continues to rise, the level does fall a couple inches. The water is flowing tonight 19 with the current rain fall and it is flowing over the green grass. 20 21 Councilmember Knight asked what the conditions are in other areas of Andover and what staff is 22 hearing from other residents, City Administrator Dickinson responded there are many areas in the 23 community that have issues with storm water. He stated consistently the City receives several calls 24 per week on standing water where there has never been standing water before, In the northern part of 25 the community, the farm fields are completely flooded with water, Also, there are houses with water 26 too close that had to be pumped, There are much more severe situations in other locations within the 27 community than the 149th A venue concerns, 28 29 Councilmember Knight asked ifthe water problem corresponds with a one hundred or two hundred 30 year cycle. Director of Public Works/City Engineer Berkowitz responded in some cases some of the 31 basins have exceeded the one hundred year flood. He stated staff have been visiting with the 32 watershed on a weekly basis and have identified those cases. Although, in some cases the water is a 33 foot and a half away from the low floor elevation of those structures, Also, there is a driveway that 34 is two and a half feet underwater and the resident is looking for assistance. The structure is not in 35 immediate danger from the water, so the City has not provided assistance, There is a contingency 36 plan if the water gets closer to the structure and pumping is needed. An issue the City has to look at 37 when pumping occurs is what is impacted downstream. There are currently over 25 locations within 38 the City with maj or water concerns and most of these cases are within drainage and utility easements, 39 40 Mayor Gamache stated what the Council would like to hear is ifthe five impacted property owners 41 have come to an agreement on what you would like to see done and how you envision us moving 42 forward. 43 44 Cathy Reither, 2274 149th Avenue NW, stated most of this week their yard was dry, but the pond at Regular Andover City Council Meeting Minutes-August 16,2011 Page 5 1 the high school was full and as the pond water level dropped, the water in the yards rose, Her 2 concern that the water table at the high school is high and if the water is drained into the pond the 3 neighbors will still have water in their yards, Also, the residents want an exact dollar amount for the 4 improvement cost and not an open bid, 5 6 Councilmember Trude asked if the residents' yards are drained into the pond, will the yards still have 7 water in the yards because the groundwater is high. Director of Public Works/City Engineer 8 Berkowitz responded a survey needs to be conducted on the elevations of the pond and the water 9 held in the yards at different times, so a comparison can be done. He stated sometimes with grade 10 changes, it looks like it would have an effect on the water level, but actually it does not. 11 12 Mayor Gamache stated the residents have requested the City contribute fifty percent or $8,000 of the 13 improvement project cost which is estimated to be $16,250. The City has conducted a survey which 14 cost the City just shy of$3,000. If the City moves the pipe onto the school property, the City would 15 become responsible for maintenance to the pond, Director of Public Works/City Engineer Berkowitz 16 responded the City would take an easement over the pond and take the long-term maintenance over 17 for the pond, Mayor Gamache commented the City will have long-term costs coming if the 18 improvement goes in, 19 20 Councilmember Trude stated she heard the neighbors had a discussion after the 50% was proposed. 21 22 Randy Grachek, 2288 149th Avenue NW, stated the residents had a discussion about the solution to 23 the water problem, He commented that comparing their yards to a driveway that was built in a 24 wetland is not a fair comparison, He stated we have a drainage easement, it is not a wetland. Also, 25 there is no tax deduction for the easement. He believes the City should have run the pipe two 26 hundred feet longer, so it could drain the water into Coon Creek. He would like the City to remove 27 the drainage utility easement. He commented the City could use the funds from the Storm Water 28 Utility Fund to correct this issue, If the City cannot contribute 50%, he asked the City to contribute 29 one-sixth of the cost. 30 31 Mayor Gamache asked if the residents have reached a consensus on the City contributing 50% or 32 one-sixth of the improvement cost. Mr, Grachek responded there are three options for the City to 33 contribute 50% or one-sixth or even 100%, 34 35 Councilmember Knight asked how the improvement cost would be divided among the residents. Mr, 36 Grachek responded the five residents would divide the cost equally. 37 38 Mayor Gamache asked if the. Storm Water Utility Fund that is collected from residents is used to 39 correct issues. Director of Public Works/City Engineer Berkowitz responded when the development 40 was planned, it had met the criteria of a drainage system of the time. He stated keep in mind, the 41 school property was not developed and the developer had to keep his design within the plat. Mr, 42 Berkowitz stated the Storm Water Utility Fund pays for all of the maintenance ofthe storm sewer 43 system throughout the city. The City pays for catch basin maintenance and emergency repairs when 44 there are failures. This year, five major culvers have been replaced. The fund is used for failures Regular Andover City Council Meeting Minutes-August 16,2011 Page 6 1 within residential areas and street sweeping, Mr. Berkowitz stated the fund money is used up every 2 year, 3 4 Councilmember Trude asked for last year's balance of the Storm Water Utility Fund. City 5 Administrator Dickinson responded at the end oflast year there was $140,000 balance, The City's 6 annual expenditures are $350,000-$400,000. When we end the year we try to have 50% to carry into 7 the next year so projects keep moving and we are currently under the-50%. 8 9 Councilmember Trude commented the City is proposing to raise the fee ofthe Storm Water Utility 10 Fund, City Administrator Dickinson responded yes. He commented the City has already contributed 11 more than one-sixth to the project. The project could not be done and could not get a permit through 12 the Coon Creek Watershed District without the survey and its related items, and with the additional 13 staff time and pumping there has been a significant amount of money allocated to this project area 14 already. Mr, Dickinson is staying with his recommendation that was made to the Council on July 15 19th, 16 17 Councilmember Trude asked what is the current balance of the Storm Water Utility Fund, City 18 Administrator Dickinson responded the current balance to date is $120,000-$130,000. 19 20 Councilmember Trude commented it was a city well that pumped two million gallons of water into 21 the system. She asked if the pumping had not occurred, would these residents have the same 22 flooding issue, Also, the City does not know if the pumping into the ponding system will happen 23 agam, 24 25 Councilmember Bukkila stated everyone in the City has a ten foot easement on the perimeter of their 26 property. Some of the residents have lived in the area for five to ten years and not experienced the 27 water infiltrate the area. She stated the easement is for the City's use and as long as the Cityneeds to 28 drain in the area, the City will not give the easement to the residents. She stated the properties are 29 facing a worst case scenario with water from the rain and snow melt and now the residents have an 30 issue with standing water in their yards. In order to change the water flow, the property owners need 31 a land improvement with installing a drainage pipe. She stated she has received calls from other 32 residents in the City that have told her that this is not the only area that is affected by flooding in the 33 City. She commented residents can call the Public Works department to seek advice from the City 34 Engineer. There are other residents that are impacted by the flooding and some have even more 35 flooding than this specific area, Councilmember Bukkila is not interested in having the City 36 participate in contributing to the improvement cost. 37 38 Councilmember Knight stated the Council should consider option one to do nothing and wait and 39 see. He believes the flooding is a City wide problem, He stated he lives on the west side of the City 40 and there is water everywhere, If the City sets a precedence of pumping one area, it will have to 41 consider pumping other areas and where will all the water go, 42 43 Councilmember Jacobson stated this year is unusual for rain and was an unusual winter with a lot of 44 snow. The City has set a precedent on pumping to protect houses and structures on a limited basis in Regular Andover City Council Meeting Minutes-August 16,2011 Page 7 1 the past. The City did pump this specific area and the City did spend $3,000 on a land survey of the 2 area, 3 4 Motion by Jacobson, Seconded by Bukkila, for the Council to wait until next spring to assess the 5 situation to see if2011 was an aberration from normal and act ifneed be in 2012, 6 7 Councilmember Trude stated if the Council votes tonight it will take away the neighbors' right to 8 decide for themselves. She stated only three home owners are here tonight and she did not know if 9 they were in agreement. 10 11 Councilmember Jacobson stated he does not want to set a precedent. This is not an emergency 12 situation and he had read at least one property owner wanted to wait and see, This is also the most 13 cost effective option. The flooding is not impacting the house structures. 14 15 Mayor Gamache asked if the City decides to not participate with the improvement cost, would the 16 residents pay for it all or would everyone wait to see what happens next spring. 17 18 Randy Grachek stated there are things that have happened that were out of the residents' control, like 19 all of the dirt that was moved for the grading of the high school and the pumping of the two to four 20 million gallons of water out of the water tower, The problem with the wait and see option, the 21 property owners that want to sell will have to disclose the flooding, Before the Council decides to 22 not do anything, the residents want to discuss paying all of the $16,250 of the improvement cost and 23 have the properties released from the easement. 24 25 Mayor Gamache stated by removing the easement the residents would have the opportunity to bring 26 fill into the area, 27 28 Councilmember Jacobson asked by delaying action for two weeks, how is the project timeline 29 affected. Director of Public Works/City Engineer Berkowitz responded it depends on how the 30 project is financed. Ifthe residents pay upfront, the project can be expedited. If the residents choose 31 an assessment, the Statute 429 process is necessary and will take longer, The residents can waive the 32 public hearing process; although the City will still have to prepare a feasibility report which takes a 33 council meeting and then waive the public hearing, but it will add two to four weeks to the process. 34 35 Councilmember Jacobson stated he is willing to withdraw his motion if the residents come to the 36 next Council meeting with a decision on paying for the project upfront, no 429 process and do the 37 project right away, He noted that doing nothing is the second option, 38 39 Randy Grachek stated the residents need to know how much the project is going to cost. Director of 40 Public Works/City Engineer Berkowitz responded on a project this small, the City puts it out for 41 quotes and then accepts the lowest quote. A portion of the cost is construction, but there is also 42 design cost and the cost for the preparation ofthe easement on the school property, 43 44 Councilmember Knight asked the residents to express their feelings about waiting. Regular Andover City Council Meeting Minutes-August 16,2011 Page 8 1 Councilmember Trude stated the first meeting with the staff and residents was in July. The residents 2 wanted a conversation with the Council before making a decision, 3 4 Gordon Pietsch stated at this point all five residents have not met. He said each resident is impacted 5 differently, Mr, Pietsch stated the area that is to be drained is of no value to him; although the 6 easement that sits behind his lot where the drainage system starts is flat and is of value to him, He 7 stated the existing culvert will remain and the City will retain the easement. 8 9 Councilmember Trude stated the residents will have to talk about how to portion the cost without the 10 City's participation. The residents were willing to pay $2,000, but ifthe amount goes up to $5,000 11 the residents may need to sort out another calculation that feels more equitable with benefit gained. 12 She stated the residents will have their own timeline, not the Council's, 13 14 Councilmember Knight stated this year has been an anomaly and this may be the one hundred year 15 flood. He stated it will even out at some point. 16 17 City Attorney Baumgartner clarified the Council's decision to not do anything does not preclude the 18 property owners from petitioning for this improvement under Statute 429, He stated by deciding the 19 City will not do anything or not participate in the funding does not preclude the property owners 20 from petitioning the Council at any time to move forward and have the assessment done, 21 22 Councilmember Trude stated she believed this was the first time the residents have seen the $16,250 23 cost. She commented the residents still have issues to work out. 24 25 Director of Public Works/City Engineer Berkowitz clarified if the easement is vacated you cannot 26 bring in fill. He stated the resident must submit a plan for the City to review, 27 28 Mayor Gamache stated the residents need to come back to the City with a decision. 29 30 Councilmember Trude stated the residents need to figure out what you want to do and talk to staff, 31 32 Councilmember Jacobson withdrew his motion based on the discussion tonight. 33 34 35 RESCHEDULE JOINT MEETING WITH THE CITY OF ANOKA 36 37 Mayor Gamache stated the City Administrator will work on scheduling a joint meeting with the 38 City of Anoka, This item will be brought back to the Council. 39 40 41 SCHEDULE SEPTEMBER COUNCIL WORKSHOP 42 43 Mayor Gamache stated the City Council needs to schedule a Workshop Meeting on September 44 27,2011 at 6:00 p.m, Regular Andover City Council Meeting Minutes - August 16, 2011 Page 9 1 Motion by Trude, Seconded by Knight, to schedule a Workshop Meeting on September 27, 2011 2 at 6:00 p.m. Motion carried unanimously. 3 SCHEDULE EDA MEETING 4 5 Mayor Gamache stated the City Council needs to schedule an EDA Meeting on September 6, 6 2011 at 6:00 p,m, 7 8 Motion by Knight, Seconded by Trude, to schedule an EDA Meeting on September 6, 2011 at 9 6:00 p,m. Motion carried unanimously. 10 11 12 ADMINISTRATOR REPORT 13 14 City Administrator Dickinson stated the City Council Workshop Meeting is scheduled for 15 August 23, 2011 at 6:00 p.m,: 16 . A joint meeting with the Park and Recreation Commission is first on the agenda to 17 discuss the comprehensive plan for the City park system, capital improvement plan, 18 artificial turf, and maintenance within City parks. Additional workshop discussion items 19 will be to discuss a special hunt and the 2012 tax levy and budget. 20 21 He stated other items he or other staffhas been working on are the following: 22 . Negotiation items for the EDA. 23 . Drainage issues. 24 . Planning for the single family rental program. 25 . Code violation complaints with grass, cars, etc. 26 . The City achieved its target of 3 5 new housing starts for 2011. 27 28 29 lIMYOR/COUNCIL INPUT 30 31 Director of Public Works/City Engineer Berkowitz stated his thanks and appreciation to 32 Councilmember Jacobson for his guidance and assistance, and wished him best of luck. 33 34 Councilmember Trude stated she has written an article for the City's newsletter on 35 Councilmember Jacobson on his 30 years of service, She enjoyed working with Councilmember 36 Jacobson and thanked him for his service, 37 38 Councilmember Knight stated Councilmember Jacobson is an honest man and wished him well. 39 40 Councilmember Jacobson commented he liked to move the Council along. 41 42 Councilmember Bukkila thanked Councilmember Jacobson for his tutorage, 43 44 Mayor Gamache appreciated Councilmember Jacobson's sense of humor. The City owes a debt Regular Andover City Council Meeting Minutes - August 16, 2011 Page 10 1 of gratitude to Councilmember Jacobson for his years of service and wishes him well. 2 3 City Administrator Dickinson stated the City has a plaque for Councilmember Jacobson. He 4 stated he had interviewed with Councilmember Jacobson on the interview panel that hired him 5 11 years ago, He commented it has been great working with Councilmember Jacobson for over 6 eleven years, he has done a good job and it has been an honor, 7 8 Councilmember Jacobson declared the meeting adjourned, The meeting adjourned at 8:20 p.m, 9 10 Respectfully submitted, 11 12 Linda Dahlquist, Recording Secretary 13 14 15 16 Regular Andover City Council Meeting Minutes-August 16,2011 Page 11 1 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 16,2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE "..,..".......00.....'..'........,...,....,...."..".."'..,..,..,..,..,,......'....,..".."..,....., 1 RESIDENT FORUM '....'00....'..'.."....'..00..................'.00"........."..'.."'.00'..'0'..',..,..".......,..".."......,... 1 AGENDA APPROV AL..,...,..".."..,....,..............,..,..,'oo,...."....,.."..".........,..,.."..,........"..,..,..,....,... 1 APPROVAL OF MINUTES..,..,.."....,....,.."..,..,..,...,...".."....,..,....,.."........".....,.."..,...."......,..".... 1 CONSENT ITEMS .....,...,..,....,....,..,..,..".."..,................,'...'...00....'......"...00.."......'..'..'00..."..',..,..... 2 Item 2 Approve Payment of Claims "..,..,..,..,....,..."....,.."..,..........,..,..,..,..."....,.."..........,.. 2 Item 3 Accept Feasibility Report / Waive Public Hearing / Order Plans & Specs / 11-16/ Rosella Sonsteby Property / SS & WM Extension (R062-11 )................................ 2 Item 4 Approve Agent / Broker of Record City's Employee Benefits Program................ 2 Item 5 Approve Resolution to Tax Increment Financing Districts 1-1 and 1-2 (R063-11) Item 6 Consider On-Sale Intoxicating Liquor & Sunday Licenses / Pappy's Cafe............ 2 Item 7 Approve Application for Exempt Permit / Andover Lions Club ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ,.......................................00.....' 2 UPDATE WOODLAND ESTATES DRAINAGE CONCERNS / 11-32/2244 _149TH AVENUE NW ...."..,.........,..,..,..."...."..,..",..,...."..".."..,...."..."..,,.."....,'."..,..,.."....".."...."..".. 3 RESCHEDULE JOINT MEETING WITH THE CITY OF ANOKA..........................,................, 8 SCHEDULE SEPTEMBER COUNCIL WORKSHOP...........................oo...............oo....,........oo..... 8 SCHEDULE EDA MEETING....,......,.."..,..,......,.."..,..,...."...."..,..".."..,..,..,......"..,........,.."..,..,.., 9 ADMINISTRATOR REPORT .."..'..00'........'..,..,......,...........00'.."'..,.."..,..,.."..,..'......'0,.."..,.......,.., 9 MAYOR/COUNCIL INPUT "............,.........."..,.,..".."..,..........,..,..",...,...."..,..,...,..,...."..,.."..,..". 9 C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 6, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andovero DISCUSSION Claims totaling $116,664.27 on disbursement edit list #1- 4 from 08/15/11 - 09/01111 have been issued and released, Claims totaling $918,453.89 on disbursement edit list #5 dated 09/06/11 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 REOUESTED The Andover City Council is requested to approve total claims in the amount of $1,035,118.16. Please note that Council Meeting minutes will be used as documented approval. 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" ~ ... 0 0><-- = 0 00 = '" ,,; 0 N '" El <-- .". -< 0" 00 M - 0> ~ ~ 0 M on N -'" , " - H " - ~~ 0 ~ -'" 0 - = " .... ~ ] " " ,S ..c;.o S ... ~ ~ g ~ c. ~ ';:: -tJ <sZ ;:1 Col $$ '+< '" " 0 .. ..c; o 0 0 ~ U E-<E-< .... ~ -'" " " ..c; U ~ :5 0 a- z 0 .. U Col , .~ 0 ~ .. = .... C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2012 Anoka County Sheriff Contract DATE: September 6, 2011 INTRODUCTION Each year the City Council approves the subsequent years (2012) law enforcement contract with the Anoka County Sheriffs Office as part of the annual budget process. The 2012 contract is attached for the City Council approval. DISCUSSION The 2012 City of Andover Law Enforcement proposed expenditure budget is $2,693,896 which is offset by a Police State Aid revenue budget of$112,860 and School Liaison revenue budget of $84,828 reflecting a net tax levy impact of $2,496,208. The Anoka County Sheriffs contract provides for 80 hours per day of patrol service, 6 hours per day of service provided by a Community Service Officer (reduced from the 12 hours per day in the 2011 contract) , a School Liaison Officer in the middle school and high school, a full-time patrol investigator, a full-time crime investigator (with a March 1,2012) and 50% of the costs associated with the Crime Watch Program's coordinator position. BUDGET IMP ACT The contract total of $2,693,896 is contained in the City of Andover proposed 2012 Budget. ACTION REOUESTED The Andover City Council is requested to approve the attached 2012 Anoka County Sheriffs Co tract. Attachments - Sheriff s Contract Andover - Cost Summaries Anoka County Contract No. 2011-0322 LAW ENFORCEMENT CONTRACT THIS CONTRACT is made and entered into this _ day of , 2011, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1,2012, through December 31,2012. WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn, Stat SS 471.59 and 436,05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: I. PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat S 436.05, B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C, Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall furnish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph liE of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this Contract. E The County agrees to provide law enforcement protection as follows: For the period of January 1, 2012, through December 31, 2012, the Sheriff will provide Eighty (80) hours per day of daily patrol service. Said daily patrol service shall be exercised through the employment of four patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Further, said daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances, The Sheriff will also provide Six (6) hours per day of service by a Community Service Officer. In addition, the Sheriff will provide the service of a Community Service Officer for park security, twenty (20) hours per week, April through September. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage, The Sheriff will also provide a Patrol Investigator. The Investigator will provide an additional forty (40) hours per week coverage investigating crimes within the City of Andover. Effective March 1, 2011 an additional Crime Investigator will be assigned to the City of Andover. The Crime Investigator will provide an additional forty (40) hours per week coverage investigating crimes within the City of Andover. The Investigators will be issued a vehicle and be granted take-home privileges, per Anoka County Sheriff's Office Policy, for that vehicle, The Sheriff will also provide 2 full-time Deputy Sheriffs to be assigned as a School Liaison Officer, in the Municipality's schools during the school year. This will include the middle school and the high school. During the non-school months, these officers will - 2- ~ continue to be assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crime prevention, The County also agrees to cover 50% of costs associated with the Crime Watch Program's coordinator position, The Municipality agrees to cover the remaining 50%, III. DUTIES OF MUNICIPALITY A It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Contract S, This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law, Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law, IV. COMPENSA TIONITERM For law enforcement protection services as specified herein for January 1, 2012, through December 31,2012, the Municipality agrees to pay to the County the sum ofTwo Million Six Hundred Ninety Three Thousand Eight Hundred Ninety Six Dollars and 00/100s ($2,693,896,00). Said sum is payable in four (4) equal installments due March 30, 2012; June 29,2012; September 28,2012; and December 28,2012, The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide, The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. V. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew, Said notification shall include notice of any increase in total contract cost. S, Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. - 3 - C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract VI. LAW ENFORCEMENT COMMITTEE The County, through its Sheriff or his designee(s), agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality, The purpose of said meetings shall be to make suggestionsfor improvement in the implementation of this Contract or for amendments thereto; provided, however, that no such suggestion or amendment shall be binding upon either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff, VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law, VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party, IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full- time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin, X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless 'each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the acts or omissions of their respective officers, agents, or employees, relating to the activities conducted by either party under this Contract -4- XI. TERMINATION This Contract may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to the Anoka County Sheriff, 13301 Hanson Boulevard Northwest, Andover, Minnesota 55304, on behalf of the County; and the City Administrator of the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, on behalf of the Municipality, XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or mod~fications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein, - 5- , IN WITNESS WHEREOF, the Municipality, by its governing body has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA . CITY OF ANDOVER By: By: Rhonda R. Sivarajah., Chair County Board of Commissioners Its: Dated: Dated: ATTEST By: By: Jerry Soma County Administrator Its: Dated: Dated: By: James Stuart Sheriff Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: -6- Andover Eighty Hour Coverage 365 DAYSIYEAR January 2012 - December 2012 Six Hours C.S.O. 365 DAYSIYEAR Park CSO Twenty HourslWeek - April Through September Includes 1 FTE Investigator & 1 FTE Investigator/Crime effective start date March 1. 2012 I. PERSONNEL A. Sworn Deputy Sheriff 1.) 16.80 Deputies at $5,316 /month $1,071,645 2.) 7 Overtime (Average hours/month per Deputy) 68,781 3,) 2 Liaison Officer 127,577 4,) 2 1.0 Patrol & 1,0 Crime Investigators - Start March 1st 118,595 B, Non-Sworn C,S.O, Q hrslday 34,602 Non-Sworn C,S.O. - Parks 8,216 C, Benefits for Sworn and Non-Sworn Personnel P.ERA (Sworn) 199,670 P.E.RA (Non-Sworn) 3,104 FICA 3,276 Medicare 20,106 Severance Allowance 35,581 Unemployment Compensation 2,144 Life Insurance 874 Health Insurance 289,093 Dental Insurance 9,843 Long Term Disability Insurance 3,051 Worker's Compensation 21,584 Uniforms 19,696 Total Benefits 608,021 TOTAL PERSONNEL COSTS ~2.037,43& II. VEHICLE A. Police Equipped Vehicles 4 Squads 114,000 B, C,S,O, Vehicle 1 Vehicle 7,200,00 C.S.O. Vehicie - Parks 1 Vehicle 1/2 Year 3,600,00 C. Liaison Vehicle 2 Vehicle 14,400,00 D. Investigator Vehicle 2 Vehicle 14,400,00 D. Maintenance Costs 1,) Vehicle 198,794 2,) Emergency & Communications Equipment & replcJee 18,697 3.) Emergency Vehicle Equipment replc, Fee 2,500 4,) Insurance 24,300 5,) Cellular Telephone 4,740 Total Maintenance Costs 249,031 TOTAL VEHICLE COSTS $4Q2,631 III, Administrative Costs Administrative, Clerical, Etc, $2(1~i'744 IV. TOTAL COST TO CONTRACTING MUNICIPALITY $2,643,811 'Less Amount Received From State for Police State Aid 112,860 NET COST TO CONTRACTING MUNICIPALITY $2,530,951 'This figure is determined by the State and is subject to fiucruation. The latest estimate is 55,700 per Deputy. Revenue received is for previous year Deputy hours hired prior to August 1 Andover - Cost Summary January 2012 - December 2012 Option D I. PERSONNEL A. Sworn Deputy Sheriff 1,) 16.80 Patrol Deputies 1,071,645 2,) 7 Overtime (Average hours/month per Deputy) 68,781 3.) 2 Liaison Officers 127,577 4.) 2 1,0 Patrol & 1.0 Crime Investigators eff. Stat 31112012 118,595 B. Non-Sworn C,S,O. 6 hours per day 34,602 Non-Sworn C.S.O, - Parks 8,216 C. Crime Watch Coordinator 20 hours/week 24,325 Benefits for Sworn and Non-Sworn Personnel Total Benefits 619,664 TOTAL PERSONNEL COSTS $2,Qj~;4()4 II. VEHICLE A. Police Equipped Vehicles 4 Squads 114,000 B. C,S.O, Vehicle 1 Vehicle 7,200,00 C,S.O. Vehicle - Parks 1 Vehicle 1/2 Year 3,600,00 C. Liaison Vehicle 2 Vehicle 14,400,00 D. Crime Watch Coordinator Vehicle - 1/2 2,850,00 E. Patrol/Crime Investigators Vehicles 14,400.00 F. Total Maintenance Costs for all vehicles 1.) Vehicle 201,344 2,) Emergency & Communications Equipment 18,697 3.) Emergency Vehicle Equip, replc fee 2,500 4.) Insurance 25,650 5.) Cellular Telephone 4,920 Total Maintenance Costs 253,111 TOTAL VEHICLE COSTS $499',561 III. Administrative Costs & Crime Watch Program Costs Administrative, Clerical, Etc. $21Q;931 IV. TOTAL COST TO CONTRACTING MUNICIPALITY $2,693,896 *Less Amount Received From State for Police State Aid 112,860 NET COST TO CONTRACTING MUNICIPALITY $2,581,036 -This figure is determined by the State and is subject to fluctuation, The latest estimate is $5,700 per Deputy, Revenue received is for previous year Deputy hours hired prior to July 1 Detail Attached . Andover Crime Watch Coordinator January 2012 - December 2012 Average 20 Hours/Per Week 260 DA YSIYEAR I. PERSONNEL A. Civilian 1,) 1 Crime Watch Coordinator 48,650 B. Benefits for Non-Sworn Personnel P.E.RA (Non-Sworn) 3,527 FICA 3,722 Severance Allowance 1,314 Unemployment Compensation 73 Life Insurance 40 Health Insurance 14,011 Dental Insurance 477 Long Term Disability Insurance 107 Worker's Compensation 15 Uniforms 0 Total Benefits 23,285 TOTAL PERSONNEL COSTS $71,935, II. VEHICLE A. Crime Watch Coordinator 1 Vehicle leased annually 5,700 B. Maintenance Costs 1,) Vehicle 5,100 2,) Cell Phone 360 3.) Insurance 2,700 Total Maintenance Costs 8,160 TOTAL VEHICLE COSTS $ 13,86ti f III. Administrative Costs Administrative, Office Space, Office Supplies, Etc, $7J14 IV. Program Costs $7,QOq V. TOTAL COST OF CRIME WATCH PROGRAM $100,169 VI. CRIME WATCH PROGRAM City Of Andover 50 % $50,085 NET COST TO CONTRACTING MUNICIPALITY $50,08~ @ 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Contract for School Liaison/Anoka-Hennepin School District #11 DATE: September 6,2011 INTRODUCTION Annually the City of Andover and the Anoka-Hennepin School District #11 negotiate a contract for the purchase oflaw enforcements services (police liaisons). DISCUSSION The attached contract is consistent with previous year's contracts and is recommended for approval by City Administration. BUDGET IMPACT The contract provides for a payment from the School District to the City of Andover in the amount of $84,828. This revenue is used to offset the total cost of the City's contract with the Anoka County Sheriffs Department. ACTION REQUESTED The Andover City Council is requested to approve the attached contract. 'J.~~~~:7~,i&:;'~~"i~la~~W~lf'~~I~t.L~9if~llftl~l~"itii~1l&f,~;[t~.';~f~~~:'G~j',i,,;? i;:<''it1!l€:''" , '<>0 !lac, or! C '00 r, '\alsoman "liMen 10m "rogl'a~,~.pc'll"" eID.:ICe~i{P""';(Jr#;):f'};;>' "c_"it',,; -';'"'f;.;:','- ~_' ._-v"~ - .....', -.... -'_ _' .,"'~":', ~~ . "'Hr-;<>.'f{'*~ . "..,:,'..-- _-' -- - _v",.!~~t ",.~, __~'i\-:'-""",:.' H!t~~'i;1~-:::-;;'1'-',~~~,;_,-<i:; j~~~~'i1< j,' !t;;;'Betle'WmF*~Tk'li ~" e~ iD~c 'ool'DmfjcVm:1fl"'~~"'1~~~~lf1;;i'[i.';?!0iS";-;;Y ;~r~~f.,~, ,'"" ,v,;~1~~~t<<lrtlt~ifi~r~8f~1tiJ~Q~f~~~~i~'1i1:1~~~fl~r~~&~~i~~i'~2~i/i This contract by and between the City of Andover (hereafter referred to as "City") and Anoka - Hennepin Independent School District No. II (hereafter referred to as "District) is entered into under Minnesota law, PURPOSE: This contract is to address the need for the presence of police officers in District schools to provide prevention program instruction and liaison service to the District schools recognizing these services: L Promote crime prevention within District schools, 2, Provide drug abuse education, 3. Coordinate activities between the District, the criminal justice system, and social services, L DEFINITIONS, Police Officers working in the District will be engaged in two authorized programs, The School Liaison Officers in the middle schools and high schools will serve students and staff primarily in the area of crime prevention, Officers in the prevention program in the elementary schools will present an approved prevention program which is a part of the fifth grade health curriculum. 2. OFFICER EMPLOYED BY CITY. City shall employ (or assign), in accordance with applicable state statutes, a police officer or officers to serve as School Liaison and Prevention Program officer(s) in District schools. The selection or assignment of such officers shall be done by City in consultation with the principals in the area or City covered by this contract. City shall assume all obligations and payments with regard to officers' salaries and benefits including worker's compensation, PERA, withholding taxes, etc. District will reimburse City as defined in Part 10 of this document. 3, TERM OF CONTRACT. The term of this contract shall be from July 1,2011 to June 30, 2012, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10, 4, ADMINISTRATION RESPONSIBILITIES, Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters shall be under the authority of City. If requested, District shall provide City with an appraisal of the services received. City shall provide District with a statistical summarv report once a vear indicating services provided at the secondarv level. Prevention Program schedules, and the name of the officer(s) providing the service. S, LEVEL OF SERVICE, The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as assigned by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc" shall not be considered to be time spent as a School Liaison or Prevention Program officer. Time in excess of eight hours per day shall be paid according to the officer's contract, providing such additional time has been approved in advance by City and District. Blanket approvals will not be accepted, 6. DUTIES OF OFFICER. The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District. 6a. PRIVACY OF PUPIL RECORDS. Pursuant to the District's Protection and Privacy of Pupil Records Policy and consistent with the requirements of the family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act, police officers shall be deemed to be school officials when performing the duties and responsibilities of the Police Liaison Officer. As such, the Police Liaison Officer and City certifY and agree that all data created, collected, received, stored, used, maintained, or disseminated by the Police Liaison Officer must comply with the Family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act. 7, CLOTHING, EQUIPMENT, AND SUPPLIES. City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties, District shall provide School Liaison Officers with a private, lockable office, telephone, and supplies necessary for the officer to perform required duties as specified in paragraph 6 of this contract. 8. SCHOOL CALENDAR, District shall provide City with a school calendar, Liaison services will be provided during the regular school year, 9, TERMINATION, Either party may terminate this agreement upon 30 days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination, 10. DURATION AND COST, For and in consideration of the provision of School Liaison Officer and the Prevention Program Officer services in accordance with the terms of this contract, District shall pay City the sum $84.828,00, Request for payment should be submitted by June 1,2012 of the fiscal year. 11. SERVICE TO SCHOOLS. The following secondary schools shall receive School Liaison Officer service as a result ofthis contract: Andover High School Oak View Middle School The following elementary school shall receive Prevention Program services as a result of this contract: Andover Elementary Crooked Lake Elementary Rum River Elementary 12. SCOPE. It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands. City of Anoka - Hennepin School District No, 11 Signed By SignedBy ~~~./,~ Director of Stu ent Services Title Date I CONTRACT ADMINISTRATION INFORMATION FORM I CONTACTS AT THE SCHOOL DISTRICT Contracted Administration Dr. Mary Fonken-Holden Director of Student Services Educational Service Center 11299 Hanson Blvd NW Coon Rapids MN 55433 763-506-1017 Program Administration Rhonda Dean, Principal Andover High School 763~506-8400 Gary Lundeen, Interim Principal Oak View Middle School 763-506-5600 Alice Shea, Principal Andover Elementary 763-506-1700 Cheryl Kortuem, Principal Crooked Lake Elementary 763-506-2100 Deborah Shepard, Principal Rum River Elementary 763-506-8200 Payment Procedures- Pursuant to section 10 of the agreement, the City should submit a bill to: ATTN: Carolyn Lakanen ESC 11299 Hanson Blvd Coon Rapids MN 55433 763-506-1076 ilrt JULY JANUARY M T W TH F M T W TH F 2011.2012 . . 3 81 482 5 83 6 84 ANOKA-HENNEPIN . SCHOOLS CALENDAR 5 6 7 8 985 1086 1187 1288 1389 A futtl/'t without limit 11 12 13 14 15 . 17 90 1891 1992 2093 18 19 20 21 22 2394 2495 2596 2697 2798 25 26 27 28 29 3099 31100 AUGUST FEBRUARY 2011-2012 Calendar Key Dates - Teacher Duly Days M T W TH F M T W TH F July 1 ...... . .. . Spring Holiday -12 month employees, School District closed 1 2 3 4 5 1 101 2 102 3 103 July 4. .............. ....... .. School District closed 8 9 10 11 12 6 104 7 105 8 106 9 107 10 108 August 23,25. ....... . . . . . New Teacher Orientation August 29,September 2 ........ ... Preschool WorkshOp 15 16 17 18 19 13109 14110 15111 16112 17113 September 5 .... . . . Labor Day, School District closed 22 &. Ah. L1h 26 . 21114 22115 23 116 24 17+1 September 6.. ................ ........ School opens 291 30 2 31 3 27 119 28 120 29121 October 3...1-5 Staff Development/ConI., no 1,5 Students October 19... . . .. Staff Development. no Gr 1,12 students October 20'21. . . . . . Teachers' Convention, no schooi SEPTEMBER MARCH November 23 . . ... Gr 1-12 PIT conference conversion day, no Gr 1,12 students M T W TH F M T W TH F November 24,25 .. Thanksgiving break, School District closed 1 4 2 5 December 2. . ... . .. End ofTrimester I, Gr 1,5: 57 days; Gr 6,12: 58 days . 6 6 7 7 8 8 9 9 December 5.... Gr 1,12 Staff Planning; no Gr 1,12 students 1210 13 11 14 12 15 13 1614 December 23,January 2 . . . . . Winter break, no school 1915 20 16 21 17 2218 23 19 19129 20'30 21'3' 22'32 23'33 December 23 & 26 . ..,. . . . School District closed January 2.. .... . . . . .. .... School District closed 2620 27 21 28 22 2923 3024 26 134 27'35 28'36 29'37 30'38 January 3 . . . ............ ......Schoolresumes January 16. . . . . . . . Martin Luther King's Birthday, no school OCTOBER APRIL January 17 . ... .. Staff Development, no Gr 1,12 students February 20 . . . . . . . . President's Day, School District closed M T W TH F M T W TH F March 8....... . ..... End of Trimester II, GR 1,12: 58 days .25 4 26 5 27 6 28 7 29 2 139 3 140 4 141 5 142 . March9......... . . Staff Planning, no Gr 1'12 students March 12,16. ... ......... ..... spring break, no school 1030 11 31 12 32 13 33 1434 9 143 10'44 11'45 12'46 13'47 March 16. .... ... spring Holiday -10 month employees 1735 18 36 19 37 -- 16'48 17'49 18'50 19'5' 20'52 March 19... ...... .................. School resumes April 6. . . . . . . . .. .... ........... School District closed 2438 25 39 26 40 27 41 2842 23'53 24'54 25'55 26'56 27'5lt1 May 28. . . . . . . . . . . . . . Memorial Day, School District closed 3143 30'59 June 7 ....... . End of Trimester III, Gr 1,12: 57 days June 8. ...... ......... . staff Planning, no students NOVEMBER MAY NOTE: Every effort will be made to make up instructional days lost to emergency closing. Make up of lost instructional days will occur fi~t by M T W TH F M T W TH F converting days designated as 'staff planning" (Oecember S, March 9, June 81; second, by reducing spring break or extending the school year 1 44 2 45 3 46 4 47 1 160 2 161 3 162 4 163 beyond June). 3/2011 7 48 8 49 9 50 1051 11 52 7 164 8 165 9 166 10167 11168 KEY.TEACHER DUTY DAYS 1453 15 54 16 55 1756 1857 14169 15170 16171 17172 18 173 . Schools Not In Session, 2158 22 59 2360+1 __ 21174 22 175 23 176 24 177 25 178 No school for stucients, teachers, paras, cooks Staff Planning/staff Development- 2862 29 63 30 64 . 29 179 30180 31181 No school for K'12 students . Elementary Staff Development/Conf. - DECEMBER JUNE No school for K'5 students Parent/Teacher Conference Conversion Day, M T W TH F M T W TH F Check with individual bUildings for actual 1 65 CD 66 1 182 conference schedule D School District Closed, Designated Holiday 5 67 6 68 7 69 8 70 9 71 4 183 5 184 6 185 (j) 186 8 187 o End of Trimester 1272 13 73 14 74 15 75 1676 11 12 13 14 15 1977 20 78 21 79 2280 . 18 19 20 21 22 L. New Teacher Orientation 25 26 27 28 29 @ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public SUBJECT: Approve Change Order #1I11-2a, 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: September 6, 2011 INTRODUCTION The City Council is requested to approve the resolution approving Change Order #1 for Projects 11- 2a, Flintwood St. NWI11-24, Buttemut St. NW, 173rd Ave. NW & Flintwood St. NW/ll-ll, Andover Station North Ball Field Parking Lot Expansion DISCUSSION When these projects were bid the cost exceeded the Engineer's estimate. The City Council approved the projects to move forward and directed staff to evaluate cost savings for the project that would still meet the City's proj ect specifications. This change allows a bituminous mix that has recycled material which lowers the cost. This mix is an allowed alternative. BUDGET IMPACT The deduction with the change order will reduce project costs which in turn will lower the amount being assessed to benefitting properties. ACTION REOUIRED The City Council is requested to approve the resolution approving Change Order #1 for Projects 11- 2a, Flintwood St. NWI11-24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW/ll-ll, Andover Station North Ball Field Parking Lot Expansion Respectfully submitted, r;J.....;e Q ~) David D. Berkowitz 1 . v(' V'" Attachments: Reso utlOn & Change Order #1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NOS, 11-2a. FLlNTWOOD STREET NW/11-24, BUTTERNUT STREET NW, 173RD AVENUE NW & FLlNTWOOD STREET NW/11-11 , ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION, WHEREAS, the City of Andover has a contract for Project Nos, 011-2a, 11- 24 & 11-11 with Rum River ContractinQ Co, of Princeton. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos, 11-2a, 11-24 & 11-11, Adopted by the City Council of the City of Andover this 6th day of September , 2011, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk . CHANGE ORDER Change Order No,: 1 Date: 8/22/11 Sheet: 1 of 1 Project Name: Flintwood Street Reconstruction & Butternut St NW/173rd Ave NW/Flintwood St NW Street Improvements & Andover Station North Ball Field Parking Lot Improvements Project No.: 11-02a, 11-11 & 11-24 Contractor: Rum River Contracting, Inc. You are hereby directed to make the following change to your contract datedAugust 16th, 2011. The change and the work affected thereby is subject to all contract stipulations and covenants, This change order will ~nC1'ease) (decrease) (Illi- ellimge) the contract sum by seventeen thousand five hundred twenty dollars ($17,520.00), The actual contract price deduction will be based upon actual quantities of bituminous mixture used, This Change Order provides for a price deduction of $6.00 / ton for L V3 (C) wearing and non-wearing course bituminous mixtures for utilizing 20% RAP (recycled asphalt pavement) in the mix, Bid prices provided by the contractor/supplier provided for 0% RAP, or 100% virgin aggregate in the bituminous mixture. Both mix designs meet the contract specifications, Description Increase (Decrease) Price deduction for RAP in bituminous mixture ($17,520,00) Total Amount of Change Order ($17,520,00) Amount of Original Contract $393,236,50 Additions Approved to Date (Change Order #~ $0.00 Deductions Approved to Date (Chage Order # ~ $0,00 Contract Amount to Date $393,236,50 Amount ofthis Change Order (AffiI) (Deduct) (No Change) ($17,520,00) Revised Contract Amount $375,716.50 Approval: City of Andover Approval: Rum River Contracting " ') ()Oy) , i By: David D, Berkowitz By: I') Cl IV! f- V' Name Name Director of PW / City Engineer ,; /J d /' b,l.-f-,~vf!..s, e"",i-- SC//-cs Title Title, I ,I I ./ ) / kv.-..l-'~e~ 3-23-/1 Signature Date ~~nature \ Date Change Order1,xls S'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D, Berkowitz, Director of Public FROM: Jason J. Law, Assistant City Engineer SUBJECT: Declare Cost/Order Assessment RoIl/ll-02b, 1l-02c & 1l-02d/2011 Street Reconstruction- Engineering DATE: September 6,2011 INTRODUCTION The City Council is requested to declare costs and order preparation of the assessment rolls for the 20 II Street Reconstruction Projects, 11-02b (Genthon Ponds), 11-02c (Rolling Forest) & 11-02d (East Brook Terrace & Aud. Sub. 137), DISCUSSION During the summer of2011, the streets in the above referenced developments were reconstructed, In accordance with the Roadway Reconstruction Assessment Policy, twenty-five percent (25%) of the total project costs are being assessed to the benefiting properties. The following table depicts the total project costs, assessable costs, City costs, feasibility assessment amount per unit, and actual assessment amount per unit for each development. Assessable City Feas, Assess, Actual Assess, Costs (25%) Costs (75%) Rate Per Unit Rate Per Unit 11-02B $259,986.49 $64,996,64 $194,989.85 $5,930,00 $4,999.74 11-02C $207,775.29 $41,034.57 $166,740,72 $3,410,00 $2,564.66 11-02D $254,815,16 $48,903,51 $205,911.65 $1,600.00 $1,192,77 After declaring the costs, the assessment rolls will be prepared and presented to the City Council for approval and public hearing dates will be set. BUDGET IMP ACT Seventy-five percent (75%) of the total project costs for the street reconstruction project will be funded from the City's Road & Bridge Fund and the remaining 25% of the total project costs will be assessed to the benefiting properties. Based upon current market conditions, the finance department is recommending these assessments be extended over a I O-year period at a 4,5% interest rate, ACTION REOUlRED The City Council is requested to approve the resolutions declaring costs and directing the preparation of the assessment rolls for the 2011 Street Reconstruction Projects 11-02b (Genthon Ponds), 11-02c (Rolling Forest) & 11-02d (East Brook Terrace & Aud, Sub. 137), l}:':~~ Jason 1. Law, PE Attachments: Resolutions & Final Assessment Worksheets CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11-02b (GENTHON PONDS). 2011 STREET RECONSTRUCTION, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 196.919.24 , the expenses incurred or to be incurred in the making of such improvement amount to $ 63.067.25 . so that the total project costs of the improvement are $ 259.986.49 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $194.989.85 , and the amount to be assessed against benefited property owners is declared to be $ 64.996.64 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2012, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 6th day of September ,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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11-02c (ROLLING FOREST). 2011 STREET RECONSTRUCTION, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $127.752.95 , the expenses incurred or to be incurred in the making of such improvement amount to $36.385.29 . so that the total project costs of the improvement are $207.775.29 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $166.740.72 , and the amount to be assessed against benefited property owners is declared to be $41.034.57 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2012, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 6th day of September ,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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11-02d (EAST BROOK TERRACE / AUDITOR'S SUBDIVISION NO. 137).2011 STREET RECONSTRUCTION, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $152.335.50 , the expenses incurred or to be incurred in the making of such improvement amount to $43.275.16 . so that the total project costs of the improvement are $254.815.16 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $205.911.65 , and the amount to be assessed against benefited property owners is declared to be $48.903.51 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2012, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of September ,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 FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2011 Street RecQnstruction Project No. : 11-028 Genthon Ponds Feasibility Report Date: 12/21/10 Amount: $ 243,300.00 Contract Award Date: 04/15/11 Amount: $ 198,075.10 : Final Construction Cost Amount: $ 196,919.24 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $ 40,086.18 Consulting Costs $ - Aerial Mapping (1% of street) $ 1,730.11 Drainage Plan (0.3% of street/storm) $ 590.76 Administration (3%) $ 5,907.58 Assessing (1%) $ 1,969.19 Bonding (0.5%) $ - , Recording Fees / Legal & Easement $ - Advertising $ 192.19 Permit and Review Fees $ 884.00 Street Signs (Materials and Labor) $ 1,871.20 Material Testing $ 3,197.00 [ Construction Interest $ 2,488.32 City Costs $ 4,150.72 Total Expenses $ 63,067.25 Expenses Multiplier 32.0270% Total Project Cost Amount: $ 259,986.49 . : ~ Genthon Ponds ~ Actual Construction Costs $ 196,919.24 Assessable Construction Costs (25%) $ 49,229.81 Assessable Indirect Expenses $ 15.766.83 Total Assessable Costs $ 64,996.64 Actual Assessment Rate Per Unit $ 64,996.64 /13 Units= $ 4,999.74 Feasibility Assessment Rate Per Unit $ 77,040.00 /13 Units= $ 5,930.00 Total Assessments $64,996.64 Total City Costs $194,989.85 Final Assessment Worksheet ----- ! ~ FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2011 Street Reconstruction Project No. : 11-02C . Rollintl Forest Feasibility Report Date: 12/21/10 Amount: $ 171,390.00 Contract Award Date: 04/05/11 Amount: $ 128,230.60 Final Construction Cost Amount: $ 127,752.95 Actual Expenses . Engineering (Includes Surveying, Inspection & Staking): $ 21,268.28 Consulting Costs $ - Aerial Mapping (1 % of street) $ 1,230.05 . Drainage Plan (0.3% of street/storm) $ 383.26 Administration (3%) $ 3,832.59 Assessing (1%) $ 1,277.53 Bonding (0.5%) $ - Recording Fees.! Legal & Easement $ - ; Advertising $ 192.19 Permit and Review Fees $ 283.00 , Street Signs (Materials and Labor) $ 1,773.59 , Material Testing $ 402.00 Construction Interest $ 1,704.23 City Costs $ 4,038.57 Total Expenses $ 36,385.29 Expenses Multiplier 28.4810% Total Project Cost Amount: $ 207,775.29 Rollintl Forest Actual Construction Costs $ 127,752.95 Assessable Construction Costs (25%) $ 31,938.24 Assessable Indirect Expenses $ 9.096.33 Total Assessable Costs $ 41,034.57 Actual Assessment Rate Per Unit $ 41,034.57 /16 Units= $ 2,564.66 Feasibility Assessment Rate Per Unit $ 54,550.00 /16 Units= $ 3,410.00 Total Assessments $41,034.57 Total City Costs $166,740.72 Final Assessment Worksheet FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2011 Street Reconstruction Project No. : 11-02D Eastbrook Terrace & Aud. Sub. 137 Feasibility Report Date: 12/21/10 Amount: $ 211,540.00 Contract Award Date: 04/05/11 Amount: $ 171,810.70 . , Final Construction Cost Amount: $ 152,335.50 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $ 29,140.14 Consulting Costs $ - Aerial Mapping (1% of street) $ 1,484.94 . Drainage Plan (0.3% of street/storm) $ 457.01 Administration (3%) $ 4,570.07 Assessing (1%) $ 1,523.36 : Bonding (0.5%) $ - Recording Fees / Legal & Easement $ - . Advertising $ 202.44 . Permit and Review Fees $ 133.00 . Street Signs (Materials and Labor) $ - Material Testing $ 552.25 Construction Interest $ 1,685.07 City Costs $ 3,526.88 . Total Expenses $ 43,275.16 ; Expenses Multiplier 28.41 % Total Project Cost Amount: $ 254,815.16 Eastbrook Terrace & Aud. Sub. 137 Construction Costs $ 152,335.50 Assessable Construction Costs (25%) $ 38,083.88 Assessable Indirect Expenses $ 10,819.63 Total Assessable Costs $ 48,903.51 Actual Assessment Rate Per Unit $ 48,903.51 /41 Units= $ 1,192.77 Feasibility Assessment Rate Per Unit $ 65,440.00 /41 Units= $ 1,600.00 Total Assessments $48,903.51 Total City Costs $205,911.65 Final Assessment Worksheet G) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director ofP SUBJECT: Approve Assessment Agreement/II-16/Rosella Sonsteby Property/SS & WM Extension - Engineering DATE: September 6,2011 INTRODUCTION The City Council is requested to approve the attached assessment agreement with Rosella Sonsteby for the construction of sanitary sewer and water main to serve 4151-141 st Avenue NW and 14259 Bunker Lake Boulevard NW. DISCUSSION Staff and the City Attorney are recommending approval of the attached signed assessment agreement so that the sanitary sewer and water main project can move forward. The project is scheduled to begin in the spring of2012 as part of the Anoka County Highway reconstruction project for Bunker Lake Boulevard NW and is scheduled to be substantially complete by late fall of2012. Once the assessment agreement is approved staffwill begin the design for the project. BUDGET IMPACT The project costs for sanitary sewer and water main will be assessed to the benefitting properties as identified in the feasibility report for City Project 11-16. ACTION REOUIRED The City Council is requested to approve the attached assessment agreement with Rosella Sonsteby for the construction of sanitary sewer and water main to serve 4151-141st Avenue NW and 14259 Bunker Lake Boulevard NW. Respectfully submitted, q:;=~~~ Attachments: Assessment Agreement'/ cc: Rosella Sonsteby, 4151 - 141st Avenue NW, Anoka, MN 55304 Shirley McDonald, 26812 Hwy. 57, Priest River, ill 83856 ~ ; ASSESSMENT AGREEMENT THIS AGREEMENT is made this 25th day of August, 2011, by and between the City of Andover, a municipal corporation ("City"), and Rosella Sonsteby ("Owner"). WHEREAS, Owner is the fee owner of certain real property located at 14259 Bunker Lake Boulevard N.W., (PIN-30-32-24-43-0001) and 4151 14151 Avenue N.W., both lying in the City of Andover, County of Anoka, State of Minnesota (hereinafter, the "Property"); and WHEREAS, Owner has petitioned the City to prepare a feasibility report to serve such Properties with Municipal Sanitary Sewer and Water. A copy of said petition is attached hereto and made a part hereof; and WHEREAS, Owner has reviewed said feasibility report, a copy of which is attached hereto and made a part hereof; and WHEREAS, Owner has agreed and requested to have Option 2A, as identified in the feasibility report, constructed and that Owner be assessed for such improvements. WHEREAS, Based upon the foregoing, Owner and City are willing to enter into this Assessment Agreement as more fully set forth below. NOW, THEREFORE, IT IS HEREBY AGREED, between the City and the Owner as follows: 1. The City of Andover will commence such construction as is necessary, and as set forth in Option 2A of the feasibility report, in order to serve the Property with Municipal Sanitary Sewer and Water. 2. The City of Andover will assess the Property in the amount of actual construction costs, plus indirect costs (Engineering, Legal & Administration) associated with the improvements contemplated herein, which has been estimated in the feasibility report under Option 2A as Two Hundred Seventy-Three Thousand and 00/1 00 Dollars ($273,000.00), 3. Owner hereby agrees to pay in full the assessments set forth herein, and further does hereby expressly waive any and all rights to object, dispute, contest, or appeal said assessments against her Property attributable to the improvements contemplated herein, and does hereby waive any and all statutory or constitutional rights to object or appeal from any such assessments. 4. The City will assess the actual project costs over a fifteen (15) year period at an interest rate of five (5) percent per year. CITY OF ANDOVER By ATTORNEY-IN-FACT OWNER ffrtlO4. 13 b~4~ R sella B. Sonsteby . , @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Resolution Accepting Resignation and Declaring a Vacancy/Councilmember Jacobson DATE: September 6,2011 INTRODUCTION The Andover City Council has received the written resignation of Don Jacobson, effective August 29,2011. DISCUSSION The City Council received the written resignation of Don Jacobson effective August 29, 2011. The Council accepts the resignation and declares that a vacancy exists on council effective on September 6, 2011. ACTION REOUIRED Council is requested to approve the resolution accepting Counci1member Jacobson's resignation and declare a vacancy on the Andover City Council. Respectfully submitted, lfh~~ Michelle Hartner Deputy City Clerk Attach: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY WHEREAS, the Andover City Council has received the written resignation of Don Jacobson, effective on August 29, 2011; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. The Andover City Council accepts Jacobson's resignation as described above. 2. The Andover City Council declares that a vacancy exists on council effective on September 6, 2011. Adopted by the Andover City Council on the 6th day of September 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk G) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Resolution Calling for a Special Election DATE: September 6,2011 INTRODUCTION A vacancy exists on the Andover City Council. DISCUSSION A special election needs to be ordered to fill the vacancy on the Andover City Council. The person elected shall fill the vacancy for the remainder of the term. A special election will be held at the next regular city election. ACTION REOUIRED Council is requested to approve the resolution calling for a special election to be held at the next regular city election, November 2012. Respectfully submitted, lrn~ Michelle Hartner Deputy City Clerk Attach: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION CALLING FOR SPECIAL ELECTION WHEREAS, a vacancy exists on the Andover City Council; and WHEREAS, the vacancy occurred before the first day to file affidavits of candidacy for the next regular city election; and WHEREAS, the vacancy occurred when more than two years remain in the unexpired term; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. A special election is ordered to fill the vacancy on the Andover City Council. The person elected shall fill the vacancy for the remainder of the term. 2. The special election will be held at the next regular city election. Adopted by the Andover City Council on the 6th day of September 2011. 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.M US TO: Mayor and Counci1members CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Financial Policy Changes - GASB No. 54 DATE: September 6,2011 INTRODUCTION As mentioned in the 2010 Audit Presentation on May 3,2011, Governmental Accounting Standards Board (GASB) Statement No. 54 - Fund Balance Reporting and Governmental Fund Type Definitions are effective for the year ending December 31, 2011. GASB Statement No. 54's fund balance classifications are based on a hierarchical ranking of the level of constraints imposed on the resources that comprise fund balance and the use of five classifications is mandatory and applies to all governmental funds. DISCUSSION Historically, fund balance classifications were categorized as reserved, unreserved, designated, or undesignated. Under GASB Statement No. 54, the five fund balance categories are as follows: Classification Definition Examples Nonspendab1e Amounts that cannot be spent because they are Endowment; inventory; prepaid not m spendable form or legally or items; contractually required to remain intact. Restricted Externally-imposed constraints apply to use of Unspent bond or grant proceeds; funds. tax increments; funds authorized by voters for specific purpose. Committed Internally-imposed constraints apply to use of Contractual commitments; funds funds. . Constrained by highest government that issuer's government authority decision-making authority, as defined by authorized to use for specific government entity. purpose. Assigned Intended use expressed, but neither restricted Budget carryover for specific nor committed. Any remmmng positive item; appropriation of existing amounts in all funds outside the General Fund fund balance for specific purpose. receive this classification. Unassigned Not constrained in any way. Outside the General Fund, negative unassigned fund balance can be used to indicate if more funds have been spent then are available. BUDGET IMPACT No budget impact. ACTION REOUESTED The Andover City Council is requested to approve the attached Financial Policy changes. Respectfully submitted, 'ci-43~ Lee Brezinka Attachments: Financial Policy - Operating Budget Policy Financial Policy - Accounting, Auditing and Financial Reporting Policy CITY OF ANDOVER FINANCIAL POLICIES B. Operating Budget Policy 1. The formal budgeting process provides the primary mechanism by which key decisions are made regarding the levels and types of services to be provided, given the anticipated level of available resources. A. The City will attempt to maintain its present service level for priority and essential services subject to available revenues. New services will be considered for funding within available resources. B. The City of Andover will utilize a "bottom-up" resource allocation approach. Each department will have an opportunity to request personnel, goods, capital items and services needed to carry out its responsibilities in a timely manner. C. The resources to fund the budget will include all revenues reasonably anticipated from all sources and the unrestricted unassigned lIflreserved lIfldesigaateEi fund balance estimated to be carried forward at the beginning of the fiscal year. D. The City enterprise operations are to be self-supporting, including capital improvements and depreciation. Enterprise operations are to be reviewed annually for self-sufficiency. . E. The City will utilize procedures that allow departments to integrate priorities and objectives into the budget requests. 2. The operating budget, authorizing expenditure of City monies, will be adopted annually by the City . Council at the department level. Expenditures may not exceed the total for any department, within a fund, without the City Council's approval. The authority to make changes to the adopted City , Budget during the operating year is as follows: A. City Council approval is required for all budget adjustments or transfers that will increase the : department's adopted expenditure budget, or adjustments that are made to facilitate a department restructuring. B. City Council approval is required for any budget adjustment that exceeds either $10,000 or 5% of a department's expenditure budget, except that adjustments under $10,000 may be approved as provided in C. & D. below. C. City Administrator, or their designee when unavailable, approval is required for all budget adjustments or transfers made to personal services or capital outlay under $10,000 on a one- time basis. D. Budget adjustments and transfers among expenditure accounts may be authorized during the fiscal year by the City Administrator and the Finance Director, if there is no effect on the department's gross expenditure budget and the adjustment is not to employee compensation. I E. Under no circumstances should budget adjustments be split to avoid approval limits. 3. The City will budget to maintain fund balances at adequate levels to ensure sufficient resources are available for current and future expenditures, whether planned or unforeseen. A. The City will budget to maintain an unassigned fund balance l:Iareserved desigaatioH f-or easR flew for each operating fund, to support operations until current tax revenues are received. Based upon the semi-annual collection of local taxes, each operating fund, relying on property tax related revenues, should maintain an unassigned fund balance easR flow desigRatioHs at year-end necessary for approximately 6 months of the subsequent year's operations. B. The City will budget to maintain an unassigned uareserved fund balance available for contingencies of between I percent and 3 percent of budgeted expenditures for each operating fund in order to finance unforeseen items and events that occur during the course of the year. It is not necessary for each fund to hold its own contingency. The General Fund may hold contingencies for other funds when appropriate. C. All unencumbered appropriations and encumbered purchases less than $1,000 lapse at year-end. However, the appropriation authority for all major capital projects and capital assets carries forward automatically to the subsequent year. Appropriations for encumbered purchases in excess of $1,000, which are not budgeted in the ensuing year, may be transferred to the subsequent year with the approval of the City Administrator and Finance Director. The current year appropriation is reduced and the subsequent year appropriation is increased. 4. The City will maintain a budgetary control system to ensure adherence to the budget and will prepare regular reports, which compare actual revenues, and expenditures to budgeted amounts. 5. The City will coordinate development of the Capital Improvement Budget with the development of the annual operating budget. Each capital improvement project is reviewed for its impact on the operating budget in terms of revenue generation, additional personnel required and additional operating expenses. 6. The capitalization threshold for assets of the City of Andover, as defined in the Fixed Asset Policy, applies to all budgets and purchases associated with the Capital Expenditure series of accounts. 7. Annually the Finance Department will prepare an Annual Operating Budget report. This report will be made available to elected officials, City management, bond-rating agencies, and general public. 8. The City will annually submit its operating budget report to the Government Finance Officers Association (GFOA) to determine its eligibility to receive the GFOA's Distinguished Budget Presentation Award. 2 ---- - - 8. The City will annually submit its comprehensive annual financial report to the Government Finance Officers Association (GFOA) to determine its eligibility to receive the GFOA's Certificate of Achievement for Excellence in Financial Reporting. I @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: SUBJECT: Discuss Woodland Estates Drainage Resolution Proposal/11-32 - Engineering DATE: September 6, 2011 INTRODUCTION The City Council is requested to discuss the funding proposal from the residents regarding the drainage concerns in the Woodland Estates development. DISCUSSION Residents along 149th Avenue NW in the Woodland Estates development have submitted a funding proposal to construct an overflow pipe to the Andover High School pond. The cost for this option has been estimated at $16,250. Costs include easement preparation and recording, design, construction administration and storm sewer construction. Attached is the resident funding proposal for your review. In summary the residents are requesting the project proceed, and the residents would provide the upfront funding as long as the project budget stays in line with what has been presented. If the City Council directs this project to move forward and the funds are secured by the City the easement document preparation and design can begin. That will follow with solicitations for quotes on the construction. Before the quote is awarded staff will review the quote results with the residents. If acceptable the quotes will be set to the City Council for award, a contract will be executed with the contractor and construction can begin. If this proposal is approved and funds are secured soon after the meeting I would anticipate construction to begin in early October. After construction is complete the residents can apply for a vacation of easement (all under one application) and the review and approval will go before the City Council. ACTION REOUIRED The City Council is requested to direct staff on how to proceed with the Woodland Estates drainage funding proposal. Respectfully submitted, ~.~ David D. Berkowitz Attach: Resident Funding Proposal ./ cc: Joe & Colleen Kaufenberg, 2244 - 149th Ave. NW, Andover LarrySchroeder, 2260 _149th Ave. NW, Andover Randy Grachek, 2288 -149th Ave. NW, Andover Gordon Pietsch, 2228 -149th Ave., NW, Andover Lowell & Cathy Reither, 2274 - 149th Ave. NW, Andover Dave Berkowitz From: Randy Grachek [randy@hanksspec.com] Sent: Thursday, August 25, 2011 11: 19 AM To: Mike Gamache; Don Jacobson; Julie Trude; Mike Knight; Sheri Bukkila; Dave Berkowitz Cc: ckaufenberg@hdbob.com; joseph. kaufenberg@am.sony.com; larryschroeder@comcast.net; cat1985hy@comcast.net; drlowreither@comcast.net; Randy Grachek; gp13tsch@msn.com; mgschroeder@comcast.net Subject: 149th Ave. easement matter Dear Mr. Mayor and city council members; This letter is in reference to the past city council meeting where discussion was heard to try and find common ground to eliminate any future water problems that may occur in our back yards. We, us 5 neighbors, are all in agreement that rerouting the current overflow drain pipe to the water retention area on the school property to our south is the best choice for all parties involved. There was some discussion at the meeting about the potential city cost of taking responsibility of maintaining this pond/retention area. To that we would say that in the rare occurrence of this area needing any maintenance because of neighborhood overflow water problems in the future, it would certainly be less expensive on an open piece of commercial property as opposed to the current easements in our backyards. We would ask the city to request bids from contractors as to get a solid number for us to review. We believe that number will be in the $16,000 range which would be paid upfront and not assessed on our property taxes. We would also ask that the city along with the Coon Creek Watershed people assist in any way to expedite any paperwork and permits that may be needed to move the process along in a timely fashion. This would also include eliminating city easements that currently run though our yards. We look forward to working with all the parties involved to close this unfortunate chapter in our lives and being able to get our yards cleaned up, damage repaired and being able to enjoying our backyard summers with our families once again. We want all of you to know that we love the Andover area, especially our neighborhood and appreciate your prompt attention to this matter. Please let us know at your earliest convenience what our next step will or should be. Thank you, Randy Grachek and neighbors 1 f!E) 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: Michelle Hartner, Deputy City Clerk FROM: Jim Dickinson, City Administrator SUBJECT: Consider Declaring Dangerous Dog/1815 Andover Boulevard NW DATE: September 6, 2011 INTRODUCTION The following is a chronology leading to the hearing (pursuant to City Code 5-1A-11, attached Exhibit 10) to request "Cesear" be declared a dangerous dog: June 16,2011 - police report (attached Exhibit 1) stating a man was chased down the street and nearly bitten by two black Pitbul1 Terriers (Bella and Cesear). A citation was issued "for dog at large." August 7, 2011 - police report (attached Exhibit 2) stating a man used two black Pitbull Terriers in a fight at a party. Two men at the party were bitten by the dogs. August 7, 2011 - police report (attached Exhibit 3) indicates the Anoka County Sheriffs Office turned the dogs over to Animal Control (Marline Skinner) to quarantine them for 14 days, per City Code (attached Exhibit 9). August 10,2011 - "potentially dangerous dog" (attached Exhibit 4 & 5) and hearing notification letters (attached Exhibit 6 & 7) were mailed to Ms. Hoffer. August 15,2011 - Ms. Hoffer does City license both Bella and Cesear. August 20, 2011 - the quarantine period ended. Ms. Hoffer picked up both dogs from Animal Control paying all boarding and pick up fees. August 23,2011 - Ms. Hoffer chose to have Bella euthanized at the Coon Rapids Humane Society (attached Exhibit 8). DISCUSSION The attached police reports and correspondence explain in detail the circumstances of the incidents involving this dog. STAFF ANALYSIS After reviewing the incidents, it is City Administration's opinion, the primary concern with Cesear is that the dog will attack upon a command from an individual and the dog will inflict bodily harm on another individual. This has happened as documented in the attached police reports. Due to the severity and circumstances of the August 7, 2011 incident and the now known propensity and disposition of Cesear to attack unprovoked or upon command and cause injury to or threaten humans, it is City Administration's recommendation that the label of dangerous dog should be applied to Cesear. It should also be noted, Cesear does now have a current City dog license, but did not at the time of the recent incidents. Ms. Hoffer, the owner of Cesear, has been informed of the time and place of this meeting and may appear to provide testimony. ACTION REOUESTED The City Council is requested to receive a presentation from City Administration, take public testimony, allow the owner of Cesear to provided testimony and ultimately consider adopting the attached resolution (Exhibit 12) declaring the Pitbul1 Terrier, Cesear a dangerous dog. Attach: Exhibits 1 - 12 Cc: Jamie Hoffer, 1815 Andover Boulevard NW, Andover, MN 55304 11 E-)(~:h,\~ ! Michelle Hartner :s IJ,^-f \t /d- 0 \} From: Kevin Halweg .., lot \ Sent: Tuesday, August 09, 2011 11 :;:Sb AIVI To: Michelle Hartner Subject: Requested Report 1-~lCASENUMBER - J I ANOKA COUNTY SHERIFF'S OFFICE 325 E MAIN ST, ANOKA MN 55303 I ADO'LPAGESi- 11131796 I CLASSIFICATION I CODE CLASSIFICATION I CODE Il ANIMAL COMPLAINT - DOG ON LOO 09573 T CLASSIFICATION 1~ICLASSIFICATlON II] I CLASSIFICATION IE I DISl CLASSIFICATION ICOOE F:J I REPORTING OFFICER(S) I CS001ANDERSOHN,RAYCE I DATE REPORTED EARLIEST DATEfTIME OCCURRED I LATEST DATEfTIME OCCURRED I 6/16/2011 1833 1833 I LOCATION OF OFFENSE/INCIDENT GRIO I VALUE STOLEN VALUE DAMAGED $LUERECOV~ 1815 ANDOVER BLVD NW, ANDOVER, MN 55304- A50 $ $ I NJ REPORTING PARTY'S NAME I DATE OF 61RTH ISEX IRACEIHOMEPHONE ] I ADDRESS Im-ICITY lSTATE IZIP I WORK PHONE I I I I NARRATIVE WHILE ON ROUTINE PATROL I WAS TRAVELING SOUTHBOUND ON HANSON BLVD PASSING CROSSTOWN BLVD NW WHEN I WAS FLAGGED DOWN BY TAB. TAB STATED THAT WHILE JOGGING HE WAS CHASED DOWN THE SIDEWALK AND NEARLY BITTEN BY TWO BLACK PITBULLS FROM AN ADDRESS ON ANDOVER BLVD AND WOULD LIKE TO PRESS CHARGES AGAINST THE OWNER FOR DOG AT LARGE. I ADVISED HIM HE WOULD BE REQUIRED TO GO TO COURT AS A WITNESS FOR THE OFFENSE IF HE WANTED A CITATION ISSUED. TAB STATED THAT HE WAS WILLING TO DO SO. I TRANSPORTED TAB TO THE AREA OF THE OFFENSE WHERE HE POINTED OUT 1815 ANDOVER BLVD NW AS THE RESIDENCE THE DOGS RAN OUT FROM. I WENT TO THE RESIDENCE AND MADE CONTACT WITH JNH. I ASKED JNH IF SHE OWNED TWO BLACK PITBULLS AND SHE STATED SHE DID. I ADVISED HER OF THE INCIDENT AND THAT I WOULD BE ISSUING HER A CITATION I FOR DOG AT LARGE. I ISSUED CITATION NUMBER 942-280 UNDER ANDOVER ORDINANCE 5-1A-6 AND SENT ITTO JNH VIA US MAIL. NOTHING FURTHER CLEAR CSO R. ANDERSOHN :KH 6/23/11 CC: CLERK OF COURT --- ---- . ~ CODE I NAME -IDOB : ~EX I RACEIUII A C TRAVIS ALAN BURKHEAD I ADDRESS ~CITY ~IZIP ~ MN rs ~OME/BUSPHONE --I WORK I 2ND BUS PHONE I CELLI PAGER I FAX ----~ I I NJ/U CODE NAME I A S JAMIE NADINE HOFFER I ADDRESS riTY i!-L1~~___ - - IHoME I BUS PHONE i WORK /2ND BUS PHONE 1 - ~- ICR for Case 11177810 (;tJ.,ib;t c.J. ~v ANOKA COUNTY SHERIFF'S OFFICE JCF CASE NUMBER 325 E MAIN ST, ANOKA MN 55303 ADD'L PAGES 11177810 CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP TRAF-AC-GM-3RD DEG DWI-UI ALC JF501 A CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP ACCIDENT-MS-FAIL STOP-DRVR CA J3301 CLASSIFICATION CODE DISP CLASSIFICATION CODE DISP TRAF-AC-GM-2ND DEG DWI-REFUSA JBR01 T REPORTING OFFICER[S) 19322 MCCALL, CHRISTOPHER DATE REPORTED ASSIGNED EARLIEST DATEJTIME OCCURRED LATEST DA TEITIME OCCURRED 8/7/2011 0159 LOCATION OF OFFENSE/INCIDENT VALUE RECOVERED 1159 142 LN NW, ANDOVER, MN 55304- $ NJ REPORTING PARTY'S NAME ADDRESS WORK PHONE NARRATIVE I RECEIVED A CALL OF AFIGHT IN PROGRESSATLOCATION.AS I WAS ARRIVING IN THE AREA I MONITORED ON MY RADIO THAT THE SUSPECT WAS LEAVING IN A VEHICLE. I SAW A VEHICLE DRIVING AWAY FROM THE INCIDENT LOCATION AND I STOPPED IT AT THE INTERSECTION OF XEON ST NW AND 142 LN NW. I IDENTIFIED THE DRIVER AS DOUGLAS DONALD BURKE , WHO WAS ALSO THE SUSPECT IN THE FIGHT. DOUGLAS ADMITTED TO BEING JNTOXICATED. HE REFUSED THE FIELD TEST AND HE PST AT A 0.296. I PLACED DOUGLAS UNDER ARREST FOR DWI. I TRANSPORTED HIM TO MERCY HOSPITAL SO HE COULD BE TREATED AND THEN DEPUTY TSCHIDA TRANSPORTED HIM TO JAIL WHERE HE WAS BOOKED FOR 3RD DEGREE DWI AND 2ND DEGREE OWl TEST REFUSAL. SEE SUPPLEMENT FOR FULL NARRATIVE. DEPUTY CHRIS MCCALL 246 ACSO KW: 08-08-11 CC: ANDOVER ATTY DVS CLERK OF COURTS SUPPLEMENT OFFICER: 19557 PIPER, JEFFREY SEE SUPPLEMENT. DEPUTY PIPER KW: 08-08-11 NJIU CODE NAME A A DOUGLAS DONALD BURKE ADDRESS ALIAS A/J/U CODE NAME .., L\ - https://accr.ci.coon-rapids.mn.us/icr.asp?Case Number=11177810&Jurisdiction=MN002... 08/09/2011 SUPPLEMENTARY INVESTIGATION REPORT ~D~4 CASE 1'10.11-177810,11-177838,11-177839 OFFENSE: DWI COMPLAINANT: ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I RECEIVED A CALL OF A FIGHT IN PROGRESS AT LOCATION. THE CALL SAID THAT THE SUSPECT WAS USING HIS DOGS IN THE FIGHT. AS I ARRIVED IN THE AREA I MONITORED ON THE RADIO THAT THE SUSPECT WAS LEAVING IN A VEHICLE. AT THE SAME TIME I NOTICED A VEHICLE DRIVING AWAY FROM THE INCIDENT LOCATION. I STOPPED THE VEHICLE AT THE INTERSECTION OF XEON ST NW AND 142 LN NW. I WAS FACING THE VEHICLE HEAD ON AND THE DRIVER STEPPED OUT OF THE VEHICLE. I ASKED THE DRIVER IF HE WAS 'DOUGIE", THE SUSPECT FROM THE FIGHT. HE SAID YES HE WAS DOUGIE, LATER IDENTIFIED AS DOUGLAS DONALD BURKE, THERE WERE TWO LARGE DOGS INSIDE THE VEHICLE BUT THERE WERE NO OTHER PASSENGERS. DOUGLAS HAD BLOOD ALL OVER HIS SHIRT AND HIS SHORTS. I LOOKED HIM OVER TO DETERMINE THE SERIOUSNESS OF THE WOUNDS. DOUGLAS HAD ONE CUT ON HIS FOREARM, APPROXIMATELY 1 INCH LONG THAT APPEARED AS IF IT MAY NEED STITq-lES. I ORDER AN AMBULANCE TO THE SCENE. DOUGLAS SAID THE INJURES WERE FROM THE FIGHT. I ASKED DOUGLAS WHAT WAS GOING ON. HE SAID HE WAS AT THE PARTY ATTHE LOCATION AND HE SAW A BOYFRIEND AND A GIRLFRIEND GETTING INTO AN ARGUMENT. DOUGLAS SAID THAT WHEN HE TRIED TO STAND UP FOR THE GIRL, THE GUY AND HIS FRIENDS TRIED TO FIGHT HIM. DOUGLAS WOULD NOT ELABORATE ON HOW THE FIGHT HAPPENED OR WHO ASSAULTED WHO. DEPUTY MOBRATEN AND DEPUTY PIPER WERE ALSO ON SCENE TO ASSIST. DEPUTY PIPFR GO:I..I.l.;lE YI~TI tl{!J?T AJ!;;MENTSF;B.QM.~lJ"..9.fJtl,gl'E2ELs.~!.Itl!~.J'A.lllY:JJiln~\IVERE,.h\SSh\ULlEU,.6Y_QQUQ,~S AtlQ tU$ 90Sl,p, SEE HIS SUPPLEMENT FOR FULL NARRATIVE. DEPUTY MOBRATEN GOT THE VICTIM INFORMATION OF THE INDIVIDUAL WHOSE VEHICLE WAS STRUCK BY DOUGLAS AS HE WAS TRYING TO DRIVE AWAY FROM THE SCENE. SEE DEPUTY MOBRATEN'S SUPPLEMENT FOR FULL NARRATIVE. I CONTACTED SGT HUNT ABOUT THE FIGHT AND HE HAD ME CONTACT DETECTIVE NELSON FROM CID. DETECTIVE NELSON SAID HE WAS UNSURE ABOUT HOW TO CHARGE DOUGLAS FOR USING THE DOGS IN THE FIGHT- HE SAID TO BOOK DOUGLAS INTO JAIL ON THE GROSS MISDEMEANOR DWI AND HE WOULD FIGURE OUT HOW TO CHARGE OUT THE ASSAULTS. I ASKED DOUGLAS IF HE HAD BEEN DRINKING AND HE SAID YES. I ASKED HIM TO FACE ME SO THAT I COULD PERFORM THE STANDARD FIELD SOBRIETY TESTS. I STARTED WITH THE HORIZONTAL GAZE NYSTAGMUS. I ASKED DOUGLAS IF HE HAD ANY PROBLEMS WITH HIS EYES AND HE SAID YES BECAUSE HE WAS INTOXICATED. I ASKED IF HE HAD ANY MEDICAL ISSUES WITH HIS EYES AND HE SAID NO. I CHECKED FOR EQUAL TRACKING AND EQUAL PUPIL SIZE. DOUGLAS HAD LACK OF SMOOTH PURSUIT IN BOTH OF HIS EYES. HE HAD NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH OF HIS EYES. HE ALSO HAD NYSTAGMUS IN BOTH OF HIS EYES PRIOR TO 45 DEGREES. THIS OFFENSE IS DECLARED: Unfounded [] SIGNED: Cleared by Arrest . [] DATE: Exceptionally Cleared [] Investigating Officer 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. ~5- PAGE 2 , c~ l\ CASE #11-177810 DEPUTY MCCALL I THEN ASKED DOUGLAS TO PERFORM THE ONE LEG STAND TEST. BEFORE I COULD EXPLAIN AND DEMONSTRATE THE TEST DOUGLAS SAID THAT HE WOULD NOT DO THE TEST. I THEN ASKED HIM IF HE WOULD DO THE WALK AND TURN TEST AND HE SAID NO. I ASKED HIM IF HE WOULD SUBMIT TO A PBT AND HE SAID YES. DOUGLAS WAS VERY CONFRONTATIONAL WHEN I TRIED TO ADMINISTER THE PBT. HE REFUSED TO GIVE A SAMPLE. AFTER A SHORT DISCUSSION WITH DOUGLAS HE FINALLY SAID HE WOULD GIVE A PBT SAMPLE. I USED PBT SERIAL NUMBER 1233057. HE GAVE A FAIR SAMPLE AND THE READING WAS 0.296. ALLlNA WAS ON SCENE AND I HAD DOUGLAS WALK BACK TO THE AMBULANCE SO THAT THEY COULD TREAT HIS CUTS AND SCRAPES. THE RUN NUMBER FOR THE ALLlNA AMBULANCE WAS 110261805. ONE OF THE PARAMEDICS TOLD ME THAT DOUGLAS WOULD HAVE TO GO TO THE HOSPITAL TO GET THE ONE CUT STITCHED UP. THEY PUT BANDAGES ON ALL OF THE CUTS AND SCRAPES. AT THIS POINT I TRIED TO READ DOUGLAS THE MOTOR VEHICLE IMPLIED CONSENT ADVISORY. SINCE I WAS GOING TO SEND DOUGLAS TO THE HOSPITAL IN THE AMBULANCE I DID NOT HAVE HANDCUFFS ON HIM. AS I READ THE IMPLIED CONSENT I ALSO HAD MY DIGITAL RECORDER RUNNING. WHEN I GOT TO THE END OF THE IMPLIED CONSENT I ASKED DOUGLAS IF HE UNDERSTOOD WHAT I JUST EXPLAINED AND HE SAID NO AND THAT HEWASNT PAYING ATTENTION. I TRIED READING THE IMPLIED CONSENT AGAIN AND DOUGLAS KEPT INTERRUPTING ME. HE WAS ASKING IF HE WAS GOING TO GO TO JAIL. I TOLD HIM THAT FIRST HE HAD TO GO TO THE HOSPITAL BUT THEN HE WOULD GO TO JAIL FOR THE DWI. DOUGLAS BECAME VERY AGITATED AT THIS POINT. EVERY TIME I TRIED TO READ DOUGLAS THE IMPLIED CONSENT IN THE AMBULANCE HE REFUSED TO PAY ATTENTION AND HE WOULD INTERRUPT ME BY ASKING THE SAME QUESTIONS AS BEFORE, "AM I GOING TO JAIL". AT THIS POINT IT WAS APPARENT THAT DOUGLAS HAD BECOME UNCOOPERATIVE. I TOLD DOUGLAS TO STAND UP AND THAT HE WAS UNDER ARREST FOR DWI. I PLACED HANDCUFFS ON HIM, DOUBLE LOCKED AND CHECKED FOR TIGHTNESS. I PLACED DOUGLAS IN THE BACK SEAT OF MY SQUAD CAR. I GOT INTO THE DRIVER SEAT OF MY SQUAD CAR AND I TRIED TO READ THE IMPLIED CONSENT MULTIPLE TIMES. AGAIN DOUGLAS WAS UNCOOPERATIVE AND HE REFUSED TO LISTEN TO ME. EVERY TIME I ASKED IF HE UNDERSTOOD WHAT I EXPLAINED HE SAID NO AND FOLLOWED IT UP WITH SOME FOUL LANGUAGE. DOUGLAS DID COMPLAIN ABOUT THE TIGHTNESS OF THE HANDCUFFS. I EXITED THE VEHICLE AND ADJUSTED THE HANDCUFFS SO THAT I COULD FIT MY WHOLE FINGER IN THE SPACE BETWEEN THE CUFFS AND HIS WRISTS. I DOUBLE LOCKED THE HANDCUFFS AGAIN. DOUGLAS HAD PLENTY OF ROOM IN THE HANDCUFFS. SINCE DOUGLAS REFUSED TO LISTEN TO ME WHEN I READ THE IMPLIED CONSENT, MULTIPLE TIMES, HE WAS CONSIDERED TO HAVE REFUSED THE TEST. I TRANSPORTED DOUGLAS TO MERCY HOSPITAL WHERE HIS CUTS WERE TREATED. ON THE WAY TO THE HOSPITAL DOUGLAS WAS VERY VULGAR AND CONFRONTATIONAL. DOUGLAS ASKED AT ONE POINT IF THE VIDEO CAMERA WAS ON AND I SAID YES. HE THEN BEGAN TO SAY THAT HIS HANDCUFFS WERE TOO TIGHT AND IT WAS CUTTING OFF THE CIRCULATION TO HIS HANDS. AGAIN, WHEN I ADJUSTED THE HANDCUFFS BACK AT THE STOP LOCATION I COULD FIT MY WHOLE INDEX FINGER INSIDE THE AREA BETWEEN THE HANDCUFFS AND HIS WRISTS. DOUGLAS HAD PLENTY OF ROOM IN THE HANDCUFFS. SEE SQUAD VIDEO FOR FULL TRANSPORT AUDIO. WHILE AT MERCY THE DOCTOR TREATED HIS CUT AND THEN RELEASED HIM BACK INTO DEPUTY TSCHIDA'S CUSTODY TO BE TRANSPORTED TO THE ANOKA COUNTY JAIL. DOUGLAS WAS BOOKED ON 3RD DEGREE DWI, 2ND DEGREE DWI TEST REFUSAL, AND DRIVING AFTER CANCELED IPS. THIS OFFENSE IS DECLARED: Unfounded [] SIGNED: DATE: Cleared by Arrest [] Investigating Officer Exceptionally Cleared [] Inactive (Not Cleared) [] SIGNED: DATE: Refer to other Agency [] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments. - , - " PAGE 3 ~~L\ CASE #11-177810 DEPUTY MCCALL THE SQUAD VIDEO STOPPED SOMETIME AFTER MY INITIAL CONTACT AND I STARTED THE VIDEO AGAIN. THERE SHOULD BE TWO SQUAD VIDEOS CLASSIFIED WITH THE DUI. I GAVE DOUGLAS'S COPIES OF HIS NOTICE AND ORDER OF REVOCATION AND HIS LICENSE PLATE REVOCATION TO THE JAIL STAFF TO PUT IT INTO HIS PROPERTY. DOUGLAS PENDING CHARGES SHOULD BE 2ND DEGREE DWI, THE'TEST REFUSAL, MULTIPLE ASSAULTS WITH HIS BARE HANDS AND JHEUSE OF HIS DOGS, POSSIBLY PIT BULLS, AND HIT AND RUN PROPERTY DAMAGE ACCIDENT. ~... , t-'<"\ C. WHILE I WAS AT THE HOSPITAL A NURSE PUT ME INTO CONTACT WITH ANOTHER VICTIM FROM "I 'ol+! DOUGLAS'S DOGS. I MADE CONTACT WITH ERiC JAMES BECHNER I. ERIC SAID THAT AFTER DOUGLAS LEFT THE HOUSE, HE AND HIS FRIEND'S WALKED OUTSIDE. ERIC SAID DOUGLAS WAS ~ ~ OUTSIDE AND HE KNOCKED THE BEER OUT OF ONE OF HIS FRIEND'S HANDS. j::RIr. THFN SAW' DOUGLASMOVE TOWARDS,~IS _YlliL~E.A@~tlE-SAIQJiE W~~QQLW1UQ~lk,~~~~QNJ~~ .? QQUG~AS,Op~l\g::p THE Ql\fLQOQB,At)!D_~AJI!..:,~$19E;M::.. ERIC SAID THE DOGS RAN OllT OF THE \LEt!I,g~s~~ D I?EGANBARKI tiCUlliQiJRQY.Y1I NG",J;,81QREAGH EQ.QJ,t&,8..IQ.l:! E",P .QJ>!E.o..f...liLS..ffiLE!iQ~ UP AND THE DOG BIT HIS ARM. I TOOK PICTURES OF THE BITE. ~"~_""';'"""""=,,,,,,,-,,,;~,_",,_,,,,,_,,,,,,,~,,,,,=,,,-__,,,,,,,,,,,,,,_,~,".v IT SHOULD BE NOTED THAT I TOOK PICTURES OF THE HANDCUFFS ON DOUGLAS AT THE HOSPITAL. I ASLO TRIED TO TAKE AS MANY PICTURES OF HIS INJURIES AS I COULD BUT HE BECAME CONFRONTATIONAL AGAIN AND HE WOULD HIDE HIS ARMS SO THAT I COULD NOT GET GOOD PICTURES. NO FURTHER ACTION TAKEN. CLEAR DEPUTY CHRIS MCCALL 246 KW: 08-08-11 .. , THIS OFFENSE IS DECLARED: Unfounded [] SIGNED: DATE: Cleared by Arrest [] Investigating Officer Exceptionally Cleared [] Inactive (Not Cleared) [] SIGNED: DATE: Refer to other Agency [] Chief or Commanding Officer This Form is Used by Officer Assigned to a Case to Report Progress After Three and Seven Days and Weekly Thereafter. Also to Report Significant Developments, -,- fYh~h;~? \ \ t), SUPPLEMENTARY INVESTIGATION REPORT CASE NO. 11-177810,11-177838,11-177839 OFFENSE: COMPLAINANT: ADDRESS: ADDITIONAL DETAILS OF OFFENSE, PROGRESS OF INVESTIGATION, ETC. I RESPQNDED TO. THE AREA QF 1159 142 LN NW QN AN ASSAULT. UPQN ARRIVAL, DEPUTY MCCALL, 4A57 HAD A VEHICLE STQPPED AT THE INTERSECTIQN QF 142 LN NW AND XEQN ST NW, RELATED TO. THE CALL. I SPQKE WITH ADAM RQBERT MAXFIELD ,WHO. WAS AT A PARTY AT 1159142 LN NW. ADAM STATED AN INDIVIDUAL, LATER IDENTIFIED WITH MN ID CARD AS DQUGLAS DQNALD BURKE , WAS ATTHE PARTY AND CAUSING PRQBLEMS. ADAM STATED DQUGLAS LEFT THE HQUSE AND WALKED TO. HIS CAR. ADAM SAID HE AND TWO. QTHER PARTY GQERS WALKED QUT TO. ADAM'S 'l:\~IAYY\ CAR WHEN DQUGLAS ASKED THEM FQR A CIGARETTE. ADAM SAID NQBQDY HAD A CIGARETTE, So. DQUGLAS GRABBED A BQTTLE QF BEER QUT QF ANQTHER PERSQN'S HAND AND THREW IT QN THE o;.\. : GRQUND. agal\iL~~\.QJ:;Ig..r.I::JF~t$AW~DOU"GlAS_~TJ:J~D_QQBJQJ:l.!~J;:;.AB.JiY~I3El!E)i~tUWQJ.lII BULLS, AN.Q~~~:SlC~.!. :',~D.bM..,SAlD..O[',l.!;OF THg.gQ91L~!l.t!!~9~1)I..JHE U,g,F"EB PQRTIQN QF BQTH_f.\R~S~~~D_@"~~ill!~Q!\LS.Q.JltK~r;:J;.$J:.lQ.!.;jJJJ\iQ.,.QELItl..~'p'Qg2. . I SPQKE TO. A SECQND VICTIM, CHRISTQPHER WILLIAM REICHERT CHRISTQPHER STATED HE SAW DQUGLAS ARGUE WITH PEQPLEATTHE PARTY AND LEAVE THE HQUSE. CHRISTQPHER SAID HE NEXT SAW DQUGLAS BY HIS VEHICLE WHEN DQUGLAS ASKED FQR A CIGARETTE. CHRISTQPHER SAID DQUGLAS "SUCKER PUNCHED"HIM IN THE LEFT EYE, USING HIS RIGHT CLQSED HAND. (~t \S~()@k'( CHRISTQPHER'S LEFT EYE WAS BLACK AND BLUE AND SWQLLEN. CHRISTQPHER SAID HE WAS NQT SURE HQW, B.U;rHESIAIBWD.uGLAs~~iQMEHQll\lCALLEQTJ:;1I;:,DOGS..QUT'QE,..IbIE.~VEHICL,50 'c: ,\ \ CI=,~ISTQR.t1.~B,HAQ,J3ILM~BlSsQNJi!S,L.EFT.LEG, )f t r PHQTQS WERE TAKEN QF ADAM AND CHRISTQPHER'S INJURIES. BQTH CHRISTQPHER AND ADAM WANTED TO. PRESS CHARGES FQR ASSAULT. DQUGLAS WAS TAKEN INTO. CUSTQDY BY DEPUTY MCCALL. THE DQGS WERE PITBULLS NAMED CEASAR AND BELLA. THE DQGS WERE TI IRf\II"'QOVm TO. ANIIYlAL t' r.ONTROI QFFIC{;R MARLENE. Ise<;;tlSg)!'yJII;:U)NEQE.IHE.D_QJiQYY_f\J.~a$.....JAI\::1J,s NADLIiE HQFEER J.hMU;;WASIOLDIO fJND.THE.SHOT 8.EC08.D:::tEQRIHJ~J2QQ.$~t\NQ,f..QJ':lIA9.:cTRs$HJ;BJff:S, QFFICE WITH CQP..lE~. NO. FURTHER ACTIQN. CLEAR. ADAM'S CASE NUMBER 11177839 CHRISTQPHER'S CASE NUMBER 11177838 FQRWARD TO. ANDQVER CITY PRQSECUTQR DEPUTY PIPER KW: 08-08-11 THIS OFFENSE IS DECLARED: Unfounded [] SIGNED: DATE: Cleared by Arrest [] Investigating Officer Exceptioually Cleared [] Inactive (Not Cleared) [] SIGNED: DATE: Refer to other Ageucy [] Chief or Commandiug 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. - 'b- E ~~\,: t '-\ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US August 10, 2011 Jamie N. Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: Your Pitbull, Bella has been classified as a "potentially dangerous dog" in the City of Andover, due to an incident where it bit two men on August7, 2011. All dogs in the City must be licensed in the city. Our records indicate that your dog is not licensed. Licenses are issued upon presentation of a current rabies certificate and the license fee of $6.00 per year. Your dog will need to be licensed before vou pick it up from Animal Control after the quarantine period. 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 763-755-5100. Sincerely, ~~~ Michelle Hartner Deputy City Clerk Enclosure -q - , r; yh lb,!'" 5 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US August 10,2011 Jamie N. Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: Your Pitbull, Caesar has been classified as a "potentially dangerous ~og" in the City of Andover, due to an incident where it bit two men on August 7, 2011. All dogs in the City must be licensed in the city. Our records indicate that your dog is not licensed. Licenses are issued upon presentation of a current rabies certificate and the license fee of$6.00 per year. Your dog will need to be licensed before you pick it up from Animal Control after the quarantine period. 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 763-755-5100. Sincerely, lnf)~LrY\$~ Michelle Hartner Deputy City Clerk Enclosure ~\,() - C I T Y o F b '1h :h~t (, NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US August 10,2011 Jamie N. Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: This notice is to inform you a hearing has been scheduled for September 6, 2011 at 7:00 p.m. at Andover City Hall to consider classifying your Pitbull, Bella as a "Dangerous Dog". 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. The quarantine period will expire on August 20,2011. If Bella is not picked up and all fees paid by August 26, 2011 the dog will be destroyed in Ii. proper and humane manner and the costs incurred in confiscating, confining and destroying the dog paid by you the owner. 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 763-755-5100. Sincerely, ~rvrt-~~~ Michelle Hartner Deputy City Clerk Enclosure \l ti ~ib/'~ I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US August 10,2011 Jamie N. Hoffer 1815 Andover Blvd. NW Andover, MN 55304 Dear Ms. Hoffer: This notice is to inform you a hearing has been scheduled for September 6,2011 at 7:00 p.m. at Andover City Hall to consider classifying your Pitbull, Caesar as a "Dangerous Dog". 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. The quarantine period will expire on August 20,2011. If Caesar is not . picked up and all fees paid by August 26, 2011 the dog will be destroyed in a proper and humane manner and the costs incurred in confiscating, confining and destroying the dog paid by you the owner. 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 763-755-5100. Sincerely, Lm~~ Michelle Hartner Deputy City.C1erk Enclosure l:>- ~ bY hr"b~:r g \ o~ '). ReceiP-t Aug 23 2011 Tel 763-862-4030 . ~". Coon Rapids ~, 141 Main Street NW, ~~ MINNEAPOLIS, Minnesota, 55448, USA info@animalhumaneso iety.org afllmal humane society www.animalhumanesoc ety.org Cash Drawer Receiving CR Jaime Hoffer Per on ID: 1815 Andover Boulevard NW Tel ANDOVER, MN, 55304, USA ReceiptlD: 4691589 Create Date: 08/23/201103:51:00 PM Created By: awallin Print Date: 08/23/2011 03:58:11 PM Closing #: Close Date: Animals ID ARN Species Primary Breed Gender Color ID Number Issuer 13883444 Dog Terrier, American Pit Bull F Black ~ . Items IRN 1 UPC #'s Item . Unit Units Discount Subtotal Tax Item total AnImaUD Price EOR fee-canine 13883444 $80.00 1 0.00% $80.00 0.000% 0.000% $80.00 $0.00 $0.00 $0.00 Totals Total Total Due Discount Subtotal Total Tax $0.00 $80.00 $0.00 $80.00 Reference: Gift Card Paid: $0.00 Total Due: $80.00 Cash: $80.00 Gift Card Type: Check: $0.00 Gift Card #: Tot l Paid: $80.00 Debit: $0.00 Voucher Paid: $0.00 Change Given: $0.00 Credit Card: $0.00 Voucher Type: Previous Balance: $0.00 Credit Card Type: Voucher #: Bal nce: $0.00 Receipt Notes ,... THANK YOU FOR SUPPORTING THE ANIMAL HUMANE SOCIETY! Merchandise Return Policy: Merchandise in new, saleable condition can be accepted for return within 30 days of purchase when accompanied by a valid receipt and returned to the location purchased. Check purchases may require a minimum 3 day waiting period before a cash refund can be issued. Credit card purchases will be credited to the original credit card account only. Please contact manufacturer for warranty or service claims. Purchases of gift certificates, recycled or clearance merchandise are final. Animal Adoption Return PoliCY: Piease return the animal to the shelter location the adoption took piace. Bring all adoption paperwork and receipts when returning an animal. Consult your Pet Adoption Kit for return policies and procedures. r~ -? o,~ ?- Euthanasia Request - Aug 23 2011 Tel.: 763-862-4030 ~~~ Coon Rapids 1411 Main Street NW Minneapolis, Minnesota 55448 USA ."nHT1;:~t humane society info@animalhumanesociety.org www.animalhumanesocietv.orq Jaime Hoffer Person 10: 1815 Andover Boulevard NW Andover, Minnesota 55304 USA Animal Information AnimallD: A13883444 Name: Bella Breeds: Terrier, American Pit Bull Gender/ Female Altered: No ARN: Types: Dog Colors: Black/White DOB: 10/7/2010 Current Age: Oy10m16d Pattern: Size: Medium Please review the following statements carefully before leaving this animal(s) with the Animal Humane Society (AHS): · I certify that I am the owner or authorized agent for the owner of the animal(s) described above. · I understand that by surrendering this animal or animals to AHS, I authorize a staff member of AHS to euthanize this animal(s). · I certify that I am at least 18 years of age or older and the information provided is factual and complete. · AHS reserves the right to deny euthanasia if circumstances exist whereby an animal appears to be adoptable at intake. · To the best of my Imowledge, this animal has not bitten a person or animal in the preceding ten (10) days. · On behalf of myself and my heirs, personal representatives and assigns, I release AHS, their agents, employees and volunteers from any and all claims arising out of or in connection to the acceptance and disposition of this animal. ~ ~r-J B-d~ ( ( Signature of owner or agent Date ,I y. b-~ '" fb;t q I l'lt ?- or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. (Amended Ord. 233, 11-4-1997) 5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any "officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog/cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog/cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that any human being has been bitten by any dog/cat within the city, he/she shall ascertain the identity of such dog/cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such dog/cat as required herein..If in the opinion of such peace officer, dog/cat catcher. or other authorized person, the owner of such a dog/cat cannot or will not so Impound the doq/cat. such oeace officer dog/cat catcher. or other authorized person shall transport such dog/cat to the pound under contract to the city. Any dog/cat so impounded shall be kept continuously confined for a eriod of fourteen 14 da s from the da the do /cat bit a human being. The cost of such impounding an confinement shall be ,borne by the owner of the elog/t''''!, if lIucl:l O'AlRer (''''n be found. which costs shall be as stated for imoouneling and confinement elsewhere in this article. b. Upon learning that a dog/cat has bitten a human being, the peace officer, dog/cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him/her of the place where the dog/cat is impounded. It shall be the duty of the City Health Officer to inspect said dog/cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog/cat may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog/cat is kept at all reasonable hours, and may take possession of the dog/cat and confine it at such - I 5 - 9 oC. I) place as he/she deems appropriate at the expense of the owner. c. If an owner has impounded a dog/cat pursuant to the request of a peace officer, dog/cat catcher, or other authorized person, the owner shall promptly transport said dog/cat to the pound under contract to the city for the purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog/cat catcher or other authorized person to transport the dog/cat to the contract pound, the owner shall be in violation of this article. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the ity Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CA T: ,20_ y taken up and impounded in e pound of the city at a doglcat answering the lowing description: sex - ximate age Notice is hereby given tha redeemed on or before , 20_ , the same wi provided by ordinance. Signed: 2. Written Notice: I e owner of said dog or cat be kn n, written notice of impounding, i leu of posted notice, shall be given to owner thereof either by mail personal service. 3. Effect Notices: The date of sale or humane destruction of e dog or cat sha e the sixth day after posting of the notice or giving noti the a al shelter at which the dog or cat is impounded is closed to the pu c, in which case, it shall be the following day. (Amended Ord. 233, -4-1997) -\.f,- Ex h ~ bl\'~ 10 \ o~ 5 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 Ci Clerk, occurred under circumstances ?o-OCPSS \ Vol ich would justi the classification of the do /cat as a dan erous do /cat un er IS 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 snail 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 ffimgerous dog/cat. Such a determination shall be made upon the basis of weer or no t e criteria as found in ection 5-1A- of this article, AH"t\...d e Inition of the term "dan erous do /cat", have been met. No variances CI.S s all be permitted from the strict terms of said delmtlon. n e event a 'Fo)f\.. \ bit dog/cat is classified as a dangerous dog/cat, the following shall apply: - I I \ I 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 -n - Q t}.p- 5 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 '- \~ ~o~ ~ 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 \Cj l-\ o'~ 5 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 0-0 7 b'~ t; 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 o . er has reasonable cause to believe that a particular dog presents a clear imme . te danger to residents of the city because it is infected with rabies (hydropli 'a) or because of a clearly demonstrated vicious nature, the 0 er, after making asonable attempts to impound such dog, may summari aestroy said dog. (Ame d Ord. 233,11-4-1997) 5-1A-13: A. 1. Licenses Required: No pers 2. Applications For Licenses; Fee a. Application for a kenn icense shall be e on forms provided by the city. Such appli ion shall contain the fo ises, of the kennel. (2) Location 0 tructures for housing the dogs. If the dogs a to be kept primar' within the home or other building of the residenc f the appli t or of any other person, the application shall so state. maximum number of dogs to be kept on the premises. 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 . e section 12-15-6 of this code. ee title 12, chapter 7 of this code for fence regulations and restrictions. gl \ If \ , Et h l'b, \ ~ L-l CHAPTER 1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS SECTION: Q-1A-1:::::> Definitinn~ 5-1A-2: Dog Licensing Requirements; Exemptions 5-1A-3: Number Of Dogs And Cats Restricted 5-1A-4: Violations 5-1A-5: Control Of Animal; Excrement Removal Required 5-1A-6: Obligation To Prevent Nuisances 5-1A-7: Impoundment And Redemption Provisions 5-1A-8: Permissible Return Of Unrestrained Dogs And Cats 5-1A-9: Improper Care And Treatment Prohibited 5-1A-10: Muzzling Proclamation 6"-1A-1 1) Dangerous And Potentially Dangerous Dogs And Cats 5-1A-12: Summary Destruction Of Certain Dogs 5-1A-13: Dog Kennels 5-1A-14: Dog Enclosures 5-1A-15: Enforcement Officials 5-1A-16: Citations 5-1A-17: Abatement Of Nuisance Conditions 5-1A-18: Violation; Penalty 5-1A-1 : DEFINITIONS: ANIMAL SHELTER: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. BITING DOG: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner. Q.~ , 9- a~ l-l DANGEROUS DOG/CAT: Any dog/cat that has: <I:';'"'" , A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. DOG ENCLOSURE: An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6') in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4") in thickness shall be present that covers the inside and perimeter of the enclosure. FREQUENT BARKING: Barking intermittently for 30 minutes or more. (Amend. 9/18/07; Ord. 354) HABITUAL BARKING: Barking for repeated intervals of at least five minutes with less than one minute of interruption. (Amend. 9/18/07; Ord. 354) KENNEL; Any place where a person accepts dogs from the COMMERCIAL1: general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2. KENNEL; PRIVATE 3 : A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which 1 See also section 12-2-2 of this code, definition of "dog kennel, commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" 93 3J- '-1 they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein4. NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, partnership or corporation owning, harboring, or keeping dogs or cats. POTENTIALL Y DANGEROUS DOG/CAT: Any dog/cat that: A. When unprovoked inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the 4 See title 12, chapter 7 of this code for fence requirements and restrictions. ~4 '1 Dt "'I streets, sidewalks, or any public or private property, other than the dog/cat owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. (Amend. 12-2-2008; Ord. 376) RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) UNPROVOKED: The condition in which an animal is not purposely excited, stimulated, agitated, or disturbed. (Amend. 9/18/07; Ord. 354) 5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing 0< E'f.~t'h/} J) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION DECLARING A DOG OWNED BY JAMIE HOFFER, 1815 ANDOVER BOULEVARD NW, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, on June 16,2011 a Pitbul1 Terrier named Cesear owned by Jamie Hoffer, 1815 Andover Boulevard NW, Andover has been allowed to run at large; and WHEREAS, on August 7, 2011, said dog was used in a fight at a party and bit two men; and WHEREAS, on August 7, said dog was turned over to Animal Control for the 14 day quarantine period; and WHEREAS, on August 10,2011 a letter from the City of Andover identifying the dog as "potentially dangerous" was delivered to the dog owner; and WHEREAS, on August 20,2011 the quarantine period ended and Ms. Hoffer picked up Cesear from Animal Control paying all boarding and pick up fees. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover based on the reports of the June 16,2011, and August 7,2011 incidents and testimony at the hearing to hereby declare a Pitbull Terrier owned by Jamie Hoffer, 1815 Andover Boulevard NW as a "dangerous dog" pursuant to City Code Title 5, Chapter, 1 Section 5-1 A-II. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Jamie Hoffer a copy of the resolution. Adopted by the City Council of the City of Andover this 6th day of September, 2011. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk e.G ., @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Counci1members FROM: Jim Dickinson, City Administrator SUBJECT: Review/Adopt 2012 Preliminary Tax Levy DATE: September 6, 2011 INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. DISCUSSION The 2012 Preliminary Levy certification are the outcome of numerous budget workshops held with the Council over the spring and summer. The Preliminary 2012 Budget proposes a total property tax levy of $10,856,299: $7,557,857 (69.62%) operational levy, $1,907,551 (17.57%) debt service levy, and $1,390,891 (12.81%) capital/watershed levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28. 2011. The nronosed levy will result in a zero nercent (0%) increase in the e:ross tax levy. BUDGET IMPACT This is the first step in establishing the City of Andover property tax levy for 2012. ACTION REOUESTED The Andover City Council is requested to receive a brief presentation on the preliminary levy and corresponding operating budget. The Council will be asked to discuss and approve the attached re~olution that indicates a total preliminary levy of $10,856,299 to be submitted to the Anoka County Property Records and Taxation Division by September 15th. hments: Resolution Adopting the Proposed 2012 Property Tax Levy CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE CITY OF ANDOVER 2012 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 15, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2012 property tax levy totaling $10,856,299 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Jim Dickinson - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the 2012 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript ofthe whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2011. Jim Dickinson - City Clerk CITY OF ANDOVER, MINNESOTA Attachment A Proposed 2012 Property Tax Levy 2012 Proposed Levy General Fund Levy $ 7,557,857 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 405,292 2004 EDA Public Facility Revenue Bonds 1,092,684 2009A G.O. Open Space Referendum Bonds 182,558 201lA G.O. Equipment Certificate 102,017 2012 G.O. Equipment Certificate 125,000 Total Debt Service 1,907,551 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 61,500 Road & Bridge 1,022,817 Pedestrian Trail Maintenance 56,574 Lower Rum River Watershed 40,000 Gross City Levy $ 10,856,299 (]') 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Counci1members FROM: Jim Dickinson, City Administrator SUBJECT: Review/Adopt 2012 Debt Service Levy Changes DATE: September 6,2011 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2012 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMPACT The 2012 City of Andover Debt Service Budget is current and up-to-date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2012. ACTION REOUESTED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2012. Resolution Updating Certified Bonded Indebtedness for 2012 Attachment A - 2012 Proposed Levy Certification Debt Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2012. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2012; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2012 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Jim Dickinson - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2012 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2011. Jim Dickinson - City Clerk ti Attachment A CITY OF ANDOVER 2012 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGA nON DEBT Scheduled Scheduled Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 416,100 405,292 10,808 Meet bona fide debt service requirements 58 2005A GO Improvement Bonds 576,700 576,700 Paid for by assessments 67B 2009A GO Open Space Bonds 182,558 182,558 0 Reduced because of prior years levies 68 201lA GO Equipment Certificate 102,107 102,017 90 Meet bona fide debt service requirements 2004 EDA Public Facility Lease Rev 1,092,684 (1,092,684) Lease revenue payment per pledge agreement GO Equipment Certificate - 125,000 (125,000) New issuance Total $ 1,277,465 $ 1,907,551 $ (630,086) @ 1685 CROSSTOWN BOULEVARD N.W. . AND R, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . DOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director ofPuo . FROM: Todd J. Haas, Assistant Public Works Director/Parks Coordinator "t;+r SUBJECT: Discuss Anoka County Property Adjacent to Round Lake Boat Landing - Engineering DATE: September 6, 2011 INTRODUCTION This item is in regards to the Anoka County Property that is located on Round Lake on the east side of the lake near the boat landing adjacent to Round Lake Boulevard. DISCUSSION Attached is a drawing identifying property that is currently owned by City and Anoka County along the west side of Round Lake Boulevard. As you can see by the drawing, the city owns the property (boat landing) between the two Anoka County parcels. There is also 3'd parcel that should be considered in the discussion. The property on the south side of the boat landing is unbuildable due to the lake and wetlands covering most of the property. The 2 properties north of the boat landing have a frontage road that is currently owned and maintained by the county. The boat landing area is maintained by the city. All of the properties for the most part are wetlands and are unbuildable. Staff is bringing this forward to see what should be done to avoid both governmental agencies owning and having to maintain the boat landing and the frontage road. Staff has been in contact with Anoka County Parks and Recreation department to discuss this. At this point, the county has indicated that this does make good sense for either the county or the city to have ownership of all 4 parcels (which includes the city owned property), The last discussion that city staff has had with the county is that they have suggested if this were to happen, they would prefer the city take ownership of the county parcels. If the City took ownership of theses parcels it would add to maintenance of the entire access to Round Lake which is for the most part the frontage road. In staffs opinion, from an efficiency standpoint it does not make any sense for the city and the county to both have to bring their equipment to maintain the landing and frontage road. There is not much frontage road to maintain. The primary advantages of the city taking ownership of these parcels would be control of the boat landing, parking, and snowmobiles. Snowmobiling on the lake is currently allowed by city code. Also the City would also have control on future development of those 3 parcels. The Park and Recreation Commission have reviewed the suggestion to have the county property become city owned property and is recommending the City seek control of the 3 parcels. ACTION REOUIRED The City Council is requested to consider taking ownership of the three Anoka County parcels. If the City Council agrees with the Park and Recreation Commission recommendation, Staff would then work with Anoka County to prepare the necessary paperwork and deeds. Mayor and Council Members September 6, 2011 Page 2 of2 Respectfully submitted, ~./4- Todd J. Haas Attachments: Map of the Anoka County property and City owned property Cc: Karen Blaska, Anoka County Park and Recreation Department (copy sent bye-mail) 3240 ..,,,. 150.36 '",Y~ ~,",.",'., """~,,,,""'''" i; :1 r :1 ,~ ;! .1 . . . , <",=."Z':.",:_^",:;;;;"'("'<."~","':.;.~,"::;;";";;'-:;;;.;:;.",;;:...f;t.;,..,>",,_,",,,,""\';;::::. ,.- . .. .1 ." .. ." .. ."; ~ , ~ " Disclaimer: This information is being distributed as demonstration data only. You should not use the data for any other purposes at N this time. This information is to be used for reference purposes only. W.E Copyright @2011 City of Andover, Ail Rights Reserved s C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Set Hearing Date(s) for 2012 Budget & Levy Discussion & Public Comment DATE: September 6, 2011 INTRODUCTION The Truth in Taxation law, M.S, 275.065, requires cities to schedule a meeting at which the budget and levy will be discussed and public input will be allowed prior to the final budget and levy determination. This year, that meeting must be scheduled between November 25th and December 28th and be held after 6:00 PM. DISCUSSION The Council can select a regularly scheduled Council meeting date or a separate date. The City Council, at its discretion, may adopt a final budget and levy at the initial hearing or the Council could go with the format of scheduling an initial hearing and if that meeting is not sufficient for all public comment and further discussion is required, a continuation hearing could be scheduled. Suggested dates are listed below: Initial hearinl! date: Tuesday, December 6, 2011 at 7:00 PM Continuation hearinl! date: Tuesday, December 20,2011 at 7:00 PM Official adoDtion date: Tuesday, December 20,2011 at 7:00 PM Or Hearinl! and adoDtion: Tuesday, December 20,2011 at 7:00 PM ACTION REQUESTED The Andover City Council is requested to select a 2012 Budget and Levy hearing schedule. C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule Interview Date(s) for City Council Vacancy Appointment Candidates DATE: September 6, 2011 INTRODUCTION To address the current City Council vacancy, the Council is requested to schedule a date or dates to interview City Council Vacancy Appointment Candidates. DISCUSSION \'''-h The deadline for residents to submit an application to be considered for current City Council Vacancy is September 9th. The Council is requested to set a schedule that City Administration can communicate to those individuals that have submitted an application to be considered for the current City Council Vacancy. ACTION REOUESTED The Council is requested to schedule a date or dates to interview City Council Vacancy Appointment Candidates. <!!' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Counci1members FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: September 6, 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 Deve10pment/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, . 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