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HomeMy WebLinkAboutCC - August 4, 2011E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Thursday, August 4, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/19/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Resolution to deny conditional use permit/outdoor storage /ABC Mini Storage /13624 Hanson Boulevard. NW - Planning 4. Award Bid/11 -2a, Flintwood St. NW /11 -24, Butternut St. NW, 173 Ave. NW & Flintwood St. NW /11 -11, Andover Station North Ball Field Parking Lot Expansion - Engineering 5. Approve Massage Therapy License /City Chiropractic & Massage —Administration © 6. Approve Name for Open Space Site/North Woods Preserve — Planning 7. Approve Dental Renewal and Employer Contribution - Administration Discussion Items 8. Consider Declaring Dangerous Dog/15571 Potawatomi St. NW — Administration Staff Items 9. Schedule August EDA meeting -Administration 10. Administrator's Report — Administration Mayor /Council Input Adjournment EW NDOVE REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 4, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, August 4, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: Mayor Mike Gamache Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson PLEDGE OFALLEG1ANCE Q RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Acting Mayor Trude stated Item 7A. Acceptance of a Contribution from the Andover Football Association for the Andover Dog Park, would be added to the Consent Agenda. Item 7B., Approve a quote for Building A floor sealants as a maintenance item, would be added to the Consent Agenda. Item 4 in the Consent Agenda would be moved to Item 8A for discussion. She stated staff had also provided additional materials concerning Item 8., Consider declaring a dangerous dog. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES July 19, 2011, Regular Meeting: Acting Mayor Trude stated the Council had several changes that needed to be made and suggested i� the minutes be tabled until staff has had an opportunity to redraft the minutes. She stated specifically the recording secretary should include the facts in the cases that had practical difficulties and also the reasons for or against finding practical difficulties should be noted. She also clarified two of the © Regular Andover City Council Meeting Minutes — August 4, 2011 Page 2 resolutions in the minutes did not reflect the points that had been made at the meeting. Councilmember Jacobson suggested the Council provide their changes to staff so that these can be incorporated into the redrafted minutes and these can be presented at the next City Council meeting. It was the consensus of the City Council to have staff redraft the July 19, 2011, Regular City Council Meeting Minutes and bring them forward at a future Council Meeting for approval. CONSENTITEMS Item 2 Approve Payment of Claims Item 3 Resolution to Deny Conditional Use Permit/Outdoor Storage /ABC Mini Storage /13624 Hanson Boulevard NW (See Resolution R054 -11) Item 5 Approve Massage Therapy License /City Chiropractic & Massage Item 6 Approve Name for Open Space Site/North Woods Preserve Item 7 Approve Dental Renewal and Employer Contribution Item 7A Approve the acceptance of a Contribution from the Andover Football Association © for the Andover Dog Park (See Resolution R060 -11) Item 7B Approve the Quote for the Building A (Large Garage) Floor Sealants Motion by Councilmember Jacobson, Seconded by Councilmember Knight, approval ofthe Consent Agenda as amended. Motion carried unanimously. CONSIDER DECLARING DANGEROUS DOG /15571 POTAWATOMI ST. NW City Administrator Dickinson explained staff is requesting the City to approve two resolutions. The first resolution would declare a dog owned by Barry and Shelly Larkin as a dangerous dog pursuant to City Code Title 5, Chapter 1, Section 5 -1A -11 and the second resolution would require abatement for the dog pursuant to the City Code Title 5, Chapter 1, Section 5- lA -17. Mr. Dickinson reviewed the information with the Council and provided a chronological outline the events that have lead staff to make this request. Acting Mayor Trude explained the Council had been provided with a copy of the City Codes that applied to the definition of dangerous dog. The conditions of the Code need to be met and found to be factual before the Council can move forward with the first resolution of declaring a dangerous dog. The City Council had received a letter from one of the people bitten by Brandy and it states she has a 2" to 3" scar on her thigh due to the bite. Acting Mayor Trude asked if the owner of the Brandy would like to address the Council. Ms. Shelly Larkin, 15571 Potawatomi St. NW, Andover, explained the incidence of the dogs runnin at large happened when she and her husband were out of town. Their son was watching the dogs while they were gone and had brought his puppy. There had been a pile of brush and ® Regular Andover City Council Meeting Minutes — August 4, 2011 Page 3 shrubs where several critters were hiding and the dogs were chasing around in this area. The neighbor had called her home to let them know the dogs were down there, but because she was out of town she did not answer. She explained one of the dogs had been her son's eight -month old puppy and it was hard to control a puppy. Acting Mayor Trude stated this explained the events that occurred in October 2010 but this does not explain the most recent incident on July 6, 2011, when three dogs attacked a woman and her dog. Ms. Larkin stated this spring there had been a second invisible fence installed in order to keep the dogs restrained and she does not believe that three of the dogs would go over both invisible fence lines in order to get to the road. She stated the officer had not come to talk to her in regard to the July 6, 2011 incident and she had to obtain a copy of the police report herself. Acting Mayor Trude stated the dogs had charged at the woman and her dog on July 6. The dog was not bitten but the woman did fear for her safety and the safety of her dog. This is the third occurrence of the dog being aggressive towards people or other domestic animals. She expressed concerns about the invisible fence being the only means of keeping the dog in the yard because if © there is something a dog wants, they will cross the invisible fence line. Based on the number of incidents this is not an adequate means of restraining the dog. Councilmember Jacobson asked if Brandy had a current City dog license. Councilmember Knight stated German Shorthair's could be very territorial. Ms. Larkin stated she has had several people in her yard playing with the dogs and Brandy has not been aggressive or territorial towards them. She explained at this time Brandy did not have a City dog license and it will depend on the outcome of the meeting if Brandy will be licensed or not. Councilmember Knight stated there have been serious bites reported concerning this dog. Councilmember Jacobson stated there were eight different occurrences over a year and a half period. He asked what steps the owners were taking to ensure the dog is handled properly. Ms. Larkin stated Brandy is kept in the house or tethered outside. There is also the double invisible fence. The double invisible fence was installed in an effort to keep the dogs confined to the yard. Acting Mayor Trude stated the invisible fences have been ineffective in keeping Brandy in the © yard. Councilmember Bukkila asked when the second invisible fence had been installed. Ms. Larkin stated the second fence was installed in early June 2011. © Regular Andover City Council Meeting Minutes —August 4, 2011 Page 4 Councilmember Jacobson asked what Mr. and Mrs. Larkin planned to do if the City declared Brandy a dangerous dog. Ms. Larkin stated they would probably have to put the dog down. Councilmember Jacobson stated there were other options available to the owners if the dog was declared a dangerous dog. City Administrator Dickinson stated the City Council was being asked to declare Brandy a dangerous dog and also to require abatement. If the City requires abatement then the owner has the option to remove the dog from the City or have the dog put down. If the dog is declared a dangerous dog this will follow the dog to a new location. He further explained that a dog should be declared dangerous prior to the order for abatement. If the City chooses not to require abatement they could require the dog to have a microchip and the owners to provide insurance. The dog would also need to be leashed and muzzled and additional steps would need to be taken if there was another incident involving the same animal. Ms. Larkin stated two of the incidents were with the same woman. She also explained that it was not possible for three dogs to all decide to go through two invisible fence lines at the same time. Q Councihnember Bukkila stated there had been three different complaints from three different streets. The City should have been contacted in 2010 to address the concerns with this dog. The dog has shown a history of aggressive behavior. Ms. Dee Anne O'Brien, 15952 Makah St. NW, Andover, stated she had been bitten on April 10, 2010. She had walked the same path several times and was not afraid of the dogs. She had even pet Ms. Larkin's dogs in the past. On April 10 the dog had bit her and the incident had been unprovoked. When she told Ms. Larkin that the dog had bitten her, Ms. Larkin was surprised that this would happen. Ms. O'Brien stated it was not until later she had learned the dog had bitten another person two days prior to her being bitten. She stated it was her understanding that dogs were suppose to be locked up for ten days after biting a person so she was surprised there had only been two days between the incidents. She also asked what was being done at this time to keep the dog from biting other people. Acting Mayor Trude asked if Ms. O'Brien had changed her walking patterns since the incident. Ms. O'Brien stated she now carries mace on her when she is out walking. She would like to see the dog either removed from the City or put down. Motion by Councilmember Jacobson, seconded by Councilmember Bukkila, to Approve Resolution R058 -11 Declaring a Dog Owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, as a Dangerous Dog Pursuit to City Code Title 5, Chapter 1, Section 5- lA -11, based on the information provided to the City Council and the testimony presented. The motion carried © unanimously. Acting Mayor Trude stated the Council needed to consider the resolution requesting abatement of the dog. She clarified if the City required abatement the owner would be able to decide between © Regular Andover City Council Meeting Minutes —August 4, 2011 Page 5 removing the dog from the City or having the dog put down. City Attorney Baumgartner stated there is a difference between declaring a dog a nuisance dog and declaring the dog a dangerous dog. If the dog is declared a dangerous dog then the City could require the dog have a microchip and the owners have the required insurance. The City has declared this dog a dangerous dog so the options for abatement would be limited to removing the dog from the City or having it put down. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to Approve Resolution R059 -11 Requiring Abatement for a Dog Owned by Barry and Shelly Larkin, 15571 Potawatomi Street NW, Pursuant to City Code Title 5, Chapter 1, Section 5 -1A -17 based on the finding this is a Dangerous Dog, testimony presented and the staff report. Acting Mayor Trude stated she would support this motion due to the nature of the injuries received. She stated during the summer there are a lot of kids in the City streets and they should not have to worry about being bitten. Councilmember Knight asked if this was a trained hunting dog. Ms. Larkin stated Brandy is 6 O years -old and was a hunting dog, but is deaf now so she no longer hunts. The motion carried unanimously. Acting Mayor Trude stated staff would talk with Ms. Larkin and explain the next steps. She encouraged those residents that have either received a letter regarding their dog or had concern about a dog to contact City Hall. CONSIDER AWARDING BID 111 -2a, FLINTWOOD ST. NW 1I1 -24, BUTTERNUT ST. NW, 173 AVE. NW & FLINTWOOD ST. NW /11 -11, ANDOVER STA TIONNOR TH BALL FIELD PARKING LOT EXPANSION Director of Public Works /City Engineer Berkowitz stated the City Council is requested to receive bids and consider awarding of the contract for the Projects 11 -2a, Flintwood St. NW /11 -24, Butternut St. NW, 173` Ave. NW /11 -11, Andover Station North Ball Field Parking Lot expansion. He reviewed the staff report with the Council and explained the increased costs were due to a design change in using concrete pipe versus corrugated pipe and the increase in bituminous costs. Acting Mayor Trude asked if the bids received included concrete pipe or corrugated pipe. Director of Public Works /City Engineer Berkowitz stated the bids are for concrete pipe but the © feasibility report and engineer's estimate were for corrugated pipe. The design change is due to recent problems the City has had with the corrugated pipe giving way, similar to what happened on Nightingale Street. Regular Andover City Council Meeting Minutes — August 4, 2011 Page 6 Councilmember Jacobson asked how much of the increase would be the result of the change in the pipe. Director of Public Works /City Engineer Berkowitz stated about $15,000 of the increase would be the change in the pipe material. Staff is anticipating the assessment rate would still be the same as what was presented in the feasibility report. Councilmember Bukkila asked if the price was more than it would have been if the project had been bid in the early spring. Director of Public Works /City Engineer Berkowitz stated the City does prefer to bid projects in early spring. He stated he would have concerns with rebidding the project at this time. It would take 4 -6 weeks for the process to be completed and the project may not be completed this year. He also stated if the project is rebid it is possible the prices could increase more. Councilmember Jacobson stated the increase was approximately $40,000, including $15,000 for concrete pipe and $25,000 for the increased costs of bituminous. He asked how these increases would be assessed. Director of Public Works /City Engineer Berkowitz stated each project would be assessed differently based on the City's assessment policy and the project that was being done. The expansion of the parking lot is not assessable. This would be an approximate $400 increase in the assessment amount. He explained there is a potential for the assessment amounts to © exceed those presented in the feasibility report. Staff would work to keep the overall costs down. Acting Mayor Trude clarified the City's assessment policy allowed for an increase of less than 5% without holding a new hearing. Director of Public Works /City Engineer Berkowitz stated the increase is more than 5% but it is anticipated once all the costs have been included the rate will be in line with what was presented with the feasibility report. Councilmember Jacobson asked if staff would be able to talk with the contractor to find ways to lessen the costs. Director of Public Works /City Engineer Berkowitz explained the materials and specifications for the project could not be changed unless the project was rebid because if the specifications were changed then other bidders should have the opportunity to bid on the new project specifications. Staff would be exercising value engineering within the range of the current project specifications. City Administrator Dickinson clarified the construction costs are just a portion of the amount that will be assessed and the City will have more control over the other costs. The City will continue to find opportunities to reduce the cost. Acting Mayor Trude clarified staff would like to have approval for the lowest bid and will work on bringing the assessment amount within 5% of the amount presented with the feasibility report. Director of Public Works /City Engineer Berkowitz stated staff is not expecting to increase the assessment amount presented. Regular Andover City Council Meeting Minutes —August 4, 2011 Page 7 Acting Mayor Trude asked if there was consensus among the Council to move forward with the bid package and make a decision regarding the assessment amount at a future meeting. Councilmember Jacobson stated if the assessment amount is 5% or more than what was presented in the feasibility report then the residents need to informed and have the opportunity to address the Council but if it is less than 5% then it is the City's discretion to increase the assessment amount. Councilmember Knight stated the other option would be to stay with the amount presented in the feasibility report. Motion by Councilmember Jacobson to Award Bid/11 -2a, Flintwood St. NW/11 -24, Butternut St. NW, 173` Avenue NW & Flintwood St. NW /11 -11, Andover Station North Ball Field Parking Lot Expansion with the Understanding Staff Will Work on Value Engineering to Lower the Project Costs to be as Close to the Assessment Amount Presented in the Feasibility Report as Possible. Acting Mayor Trude suggested keeping the increase in the assessment amount to no more than © 4% than what was presented in the feasibility report. City Administrator Dickinson clarified staff is recommending staying with the assessment amount presented in the feasibility report. Motion by Councilmember Jacobson, seconded by Councilmember Knight to Award Bid/11 -2a, Flintwood St. NW /11 -24, Butternut St. NW, 173` Avenue NW & Flintwood St. NW /11 -11, Andover Station North Ball Field Parking Lot Expansion with the understanding Staff will work on value engineering to lower the project costs to no more than 4% over the assessment amount presented in the feasibility report. The motion carried unanimously. (See Resolution R061 -11) SCHEDULE EDA MEETING Mr. Dickinson requested the Council schedule an Economic Development Authority (EDA) meeting to discuss topics as detailed in the staff report. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to schedule a EDA Meeting on August 16, 2011, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department © activities, negotiations on EDA items, the rainfall and water issues within the City and legislative updates. The September 12, 2011 meeting that was scheduled with the City of Anoka would need to be rescheduled to November. Regular Andover City Council Meeting Minutes —August 4, 2011 Page 8 City Administrator Dickinson reviewed the sign project the Community Development Department is working on and the single - family rental licensing. The Night to Unite was on August 2 and there were several community gatherings attended by the Sheriff's Office and Fire Department. The Sheriff's Report showed a surge in burglaries, a majority showed there had been an unlocked access point. Director of Public Works /City Engineer Berkowitz stated the City receives 20+ calls a day pertaining to water in backyards and basements. He clarified the drainage and utility easement areas and encouraged people to install sump pumps. Councilmember Knight asked if the City had any reports of wind and tree damage from the last storm. Director of Public Works /City Engineer Berkowitz stated the northwest corner of the City did have some tree damage and the City is working on this. MAYORICOUNCIL INPUT (North Woods Preserve) — Acting Mayor Trude stated she had gone to the area she believed the entrance point for the North Woods Preserve to be but she was not able to locate it. She requested there be information on the City's website so that residents would know where the access point is. She also requested the Council have detailed information on the access point so that this can be communicated with residents. (City Council Vacancy) — Acting Mayor Trude stated Councilmember Jacobson would be resigning and there would be an opening on the City Council. She outlined the process the City would follow to fill the vacancy including advertising and interviewing. City Administrator Dickinson clarified the process had been reviewed by City Attorney Baumgartner. Councilmember Jacobson encouraged the City to do its due diligence when filling the open position to ensure the best fit for the City. Acting Mayor Trude suggested the City advertise on the website and use the City Council meetings as an opportunity to let residents know. Councilmember Knight suggested the open position be announced on the front page of the upcoming Andover Newsletter. (City Hall Sign) — Acting Mayor Trude stated the new sign in front of City Hall looks nice. She a would like to see it used to announce more meetings and possibly events at the Community Center such as open gym times. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to adjourn. Motion Regular Andover City Council Meeting Minutes —August 4, 2011 Page 9 carried unanimously. The meeting adjourned at 8:24 p.m. Respectfully submitted, Tina Borg, Recording Secretary r_ \, U H © Regular Andover City Council Meeting Minutes — August 4, 2011 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 4, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Resolution to Deny Conditional Use Permit/Outdoor Storage /ABC Mini Storage /13624 Hanson Boulevard NW (See Resolution R054- 11) ..... ............................... 2 Item 5 Approve Massage Therapy License /City Chiropractic & Massage .............................. 2 Item 6 Approve Name for Open Space Site/North Woods Preserve ........ ............................... 2 Item 7 Approve Dental Renewal and Employer Contribution .................. ............................... 2 Item 7A Approve the acceptance of a Contribution from the Andover Football Association for the Andover Dog Park (See Resolution R060- 11) ............................... ............................... 2 Item 7B Approve the Quote for the Building A (Large Garage) Floor Sealants ........................ 2 CONSIDER DECLARING DANGEROUS DOG /15571 POTAWATOMI ST. NW (See Resolutions R058 -11 & R059- 11) ............................................................... ............................... 2 CONSIDER AWARDING BID /11 -2a, FLINTWOOD ST. NW /I1 -24, BUTTERNUT ST. NW, 173 AVE. NW & FLINTWOOD ST. NW /I 1 -11, ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION (See Resolution R061 -11) ............ ............................... 5 SCHEDULEEDA MEETING ......................................................................... ............................... 7 ADMINISTRATORREPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (North Woods Preserve) .............................................................................. ............................... 8 (City Council Vacancy) ................................................................................ ............................... 8 (City Hall Sign) ............................................................................................ ............................... 8 Dal