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HomeMy WebLinkAboutCC - September 6, 2011u 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 p.m. 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 4. Approve Contract for School Liaison/Anoka- Hennepin School District #11— Administration 5. Approve Change Order #1 /11 -2a, Flintwood St. NW /11 -24, Butternut St. NW, 173` Ave. NW & Flintwood Q St. NW /11 -11, Andover Station North Ball Field Parking Lot Expansion — Engineering 6. Declare Cost/Order Assessment Roll /11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction - Engineering 7. Approve Assessment Agreement/11- 16/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 Proposal/l1 -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 X 'j5 1 kND0VE^-- REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 6, 2011 MINUTES 0 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 6,2011,7:00 p.m., at the Andover City Hall,1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson PLEDGE OFALLEGL41VCE PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17 -23, 2011 Mayor Gamache read the proclamation into the record. PROCLAMATION RESOLUTION OCTOBER 2011 DOMESTIC VIOLENCEA RARENESS MONTH Mayor Gamache read the proclamation into the record. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the Agenda as presented. Motion carried unanimously. © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 2 APPROVAL OF MINUTES August 16, 2011, Regular Meeting: Councilmember Bukkila stated on page 5, line 44, the word "culvers" should be "culverts ". Councilmember Bukkila stated on page 9, line 42, the last word should be changed to "tutelage ". Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve the August 16, 2011, Regular Meeting minutes as amended. Motion carried unanimously. CONSENTITEMS Item 2 Approve Payment of Claims Item 3 Approve 2012 Anoka County Sheriff Contract Item 4 Approve Contract for School Liaison/Anoka- Hennepin School District #11 Item 5 Approve Change Order #1/11 -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 (See Resolution R064 -11) Item 6 Declare Cost/Order Assessment Roll/1 1-2b, 11 -2c, & 11- 2d/2011 Street Reconstruction ( See Resolutions R065 -11, R066 -11 & R067 -11) Item 7 Approve Assessment Agreement/11- 16/Rosella Sonsteby Property /SS & WM Extension Item 8 Approve Resolution Accepting Resignation and Declaring a Vacancy / Councilmember Jacobson (See Resolution R068 -11) Item 9 Approve Resolution Calling for a Special Election (See Resolution R069 -11) Item 10 Financial Policy Changes /GASB No. 54 Motion by Councilmember Trude, Seconded by Councilmember Knight, approval of the Consent Agenda as presented. Motion carried unanimously. DISCUSS WOODLAND ESTATES DRAINAGE RESOL UTION PROPOSAL11 1-32 City Engineer Berkowitz explained the funding proposal submitted by the residents of Woodland Estates. This project is proposed by the residents to construct an overflow pipe to the Andover High School pond. If the Council agrees, the residents could review the quotes to determine if they would like to proceed. This will speed up the project by a couple of weeks because the Council would not have to approve it. The Council is requested to direct staff on how to proceed with the Woodland © Estates drainage- funding proposal and review of the project quotes. Councilmember Trude asked if the City would set up for the payment of the project after the © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 3 quotes were received. She clarified the City would be able to authorize a repayment process for residents in this neighborhood with an acceptable interest rate and a term of three years. This would help those residents that may not be able to cover the cost of this project at this time. She further explained the residents are in favor of this project and she has not received any negative comments in regard to it. City Administrator Dickinson stated the Council could approve the repayment process. This would be similar to an invoice process and would not be assessed to the property unless payments were not made. The residents will be asked to sign a promissory note. Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the Woodland Estates Drainage Resolution Proposal and direct staff to solicit quotes and obtain resident approval of quotes and to receive either prepayment or repayment agreements for all residents in the project. The motion carried unanimously. Councilmember Trude asked how long it would be before the quotes would be received and the project could start. © City Engineer Berkowitz stated quotes could be received and reviewed with the residents in the next couple of weeks and construction could potentially start the end of September. CONSIDER DECLARING DANGEROUS DOG /181 S ANDOVER BOULEVARD City Administrator Dickinson stated staff is requesting the City to approve a resolution to declare a dog owned by Ms. Jamie Hoffer as a dangerous dog pursuant to City Code Title 5, Chapter 1, Section 5-IA-11. He reviewed the information with the Council and provided a chronological outline of the events that have lead staff to make this request. He stated the dog is currently labeled potentially dangerous. If it is found to be dangerous it will have to be muzzled while out for walks and kept under control at all times. If there is an additional incident the City may pursue abatement options. Ms. Jamie Hoffer, 1815 Andover Boulevard, provided information to the Council in regard to an incident, which led the dogs to biting another person. She explained the dogs were under stress and were protecting the person they were with. She also explained when the dogs were reported "running at large" the dogs had been locked in her home. There is a home in this neighborhood that fosters Pitbulls and the dogs may have come from there. She explained one of her dogs, Bella, has been euthanized because she has demonstrated aggression. Bella had caused problems with her other dog, Cesear, and would get him excited. Cesear has never attacked anyone and does not know any attack commands. She provided copies of letters signed by neighbors that stated Cesear was not a threat Mayor Gamache asked where the dogs were when the June 16, 2011 "running at large" incident © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 4 occurred. Ms. Hoffer stated the dogs had been locked in her home until she returned from the store at the same time the police officer had come to talk to her about the dogs. She explained the home down the street also has Pitbulls and they are different colors than hers. Her dogs are chocolate and black in color and the report was for 2 black Pitbulls. Councilmember Bukkila asked if the incident that resulted in a person being bitten had occurred at her residence or in another location. Ms. Hoffer explained the incident had occurred at another location but it involved her car. There were three men that were attacking the car and the dogs were defending it and the person driving the car. Councilmember Knight asked if the dogs would attack on command as the report stated. Ms. Hoffer explained the dogs do not know attack commands and do not respond to them. Cesear is the dog being discussed at this time and he has always been a gentle companion dog. © Bella would get him worked up and this is one of the reasons she was euthanized. She has a one year old and thirteen year old child in the home and Cesear is good with them. Councilmember Trude asked if the person who had the car and dogs when the incident happened lived in the home and would be considered an owner by the dogs. Ms. Hoffer explained the person who had the dogs does not live with her permanently and would not be an owner of the dogs. She explained Cesear sleeps with her and her one -year old child and does not show aggression around the family. Councilmember Trude asked if Cesear was leashed or kept in a fence when he was outside. Ms. Hoffer stated she has a line that she has Cesear tied to outside that runs from the door to a tree. She is with the dog when he is outside. There is a sidewalk in front of her house and there are school -aged kids that walk on it and Cesear has not bothered or chased them in the past. Councilmember Knight asked how big the dogs are. Ms. Hoffer stated Cesear is 70 pounds and Bella was 50 pounds. Mr. Dickinson stated when the dogs were under quarantine Animal Control reported Bella had shown aggression and after five days Cesear was not aggressive. Councilmember Bukkila stated the situation that resulted in someone getting bit was out of control and she asked where the personal responsibility was for the person who had the dogs. © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 5 She asked if this person would continue to have access to Caesar in the future. Ms. Hoffer stated she would not allow anyone to take her dog again. Mayor Gamache stated the report was unclear which dog had bitten and Cesear is considered a potentially dangerous dog at this time. If the Council does not pursue Cesear as a dangerous dog at this time it is important for Ms. Hoffer to understand how important it is she maintain control of Cesear. Ms. Susan Bender stated Cesear is a good dog and she is personally frightened of Pitbulls. Cesear would not hurt anyone based on her experience with the dog. Councilmember Trude asked if the family could ensure Ms. Hoffer does not allow other individuals to take her dog and expose them to potentially dangerous situations. Ms. Bender stated this would need to be worked out but she does not believe the dog is dangerous. © Mayor Gamache stated the person who had the dogs was being attacked and this may have had an impact on the dogs attacking. The dog is already considered potentially dangerous and this is acceptable label based on what has been presented and the actions already taken by the owner to take responsibility for the actions of the dogs is positive. Councilmember Trude pointed out Animal Control had Cesear for 14 -days and had reported he was not aggressive. Councilmember Bukkila stated she would support the consensus of the Council and not have Cesear labeled a dangerous dog at this time. She pointed out Ms. Hoffer has taken the proper steps in the right direction to ensure this does not happen in the future. She stated if there is another incident involving Cesear the Council will not hesitate to have him declared a dangerous dog or pursue abatement. Mayor Gamache clarified the consensus of the Council was to not pursue declaring Cesear a dangerous dog at this time. REVIEW /ADOPT 2012 PRELIMINARY TAX LEVY City Administrator Dickinson stated the 2012 Preliminary Levy certification is the outcome of © numerous budget workshops held with the Council. He outlined the preliminary levy and the corresponding operating budget. Councilmember Trude stated the public would like to know what is happening with the City's © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 6 salaries and what a 0% levy increase means to them. Mr. Dickinson indicated a cost of living increase is currently not in the budget. City Administrator Dickinson stated the City would not be collecting any additional taxes than what was collected last year. What a property owner pays is dependent on the value of their property. If a homes value went down by 4.5% or more then there may not be an increase in what they pay over last year. He stated if residents have questions they are encouraged to call City Hall. Councilmember Knight stated Andover operates as one of the leanest operations in the metro area. Motion by Councilmember Knight, Seconded by Councilmember Trude to Approve the Resolution adopting a total preliminary levy of $10,856,299 to be submitted to Anoka County Property Records and Taxation Division by September 15, 2011. The motion carried unanimously. (See Resolution R070 -11) © REVIEW /ADOPT 2012 DEBT SERVICE LEVY CHANGES City Administrator Dickinson explained 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. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to Approve a Resolution updating the certified bonded indebtedness for 2012. The motion carried unanimously. (See Resolution R071 -11) DISCUSSANOKA COUNTYPROPERTYADJACENT TO ROUND LAKE BOAT LANDING Public Works Director Berkowitz explained currently both Anoka County and the City own and maintain property at Round Lake including the frontage road and boat landing. Anoka County has suggested the City take ownership of the County parcels. The primary advantages of the City taking ownership would be control of the boat landing, parking, and snowmobiles, and the City would have control on future development of the 3 parcels. Mayor Gamache asked if there were any budget issues that would arise with pursuing this. © Public Works Director Berkowitz stated the City would pursue these parcels as a no cost transfer. The only costs would be the ongoing maintenance of the property, but the City is already in this location for maintenance on the boat landing and doing the frontage road would not be much © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 7 more. Councilmember Knight asked if these parcels were considered wetlands. Public Works Director Berkowitz stated the water is high this year and it is unclear if these areas would always have water. Motion by Councilmember Trude, Seconded by Councilmember Knight to direct staff to proceed with working with Anoka County to obtain the three parcels along Round Lake to combine these with the City's parcel. Councilmember Knight asked if there would be a down side to obtaining this property. City Engineer Berkowitz stated the only thing that would impact the City is the maintenance of the property, which would not be significant because the City already maintains the boat landing. Councilmember Bukkila asked if there were any future uses identified for this property other than a place to park boat trailers. 0 City Engineer Berkowitz stated at this time there were no future uses identified. Councilmember Trude stated this is part of the collaboration efforts the City should be pursuing. The motion was called to a vote. The motion carried unanimously. SET HEARING DATES FOR THE 2012 BUDGET & LEVY DISCUSSION & PUBLIC COMMENT City Administrator Dickinson stated 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, this meeting must be scheduled between November 25 and December 28. He outlined potential schedules for the Council to consider. He clarified he would not be available for the December 6 meeting. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to set the hearing dates for the 2012 Budget & Levy Discussion and Public Comment at December 6 with a continuation date of December 20. The motion carried unanimously. SCHEDULE INTERVIEW DATE(S) FOR CITY COUNCIL VACANCY APPOINTMENT © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 8 CANDIDATES Mr. Dickinson requested the Council to schedule a date or dates to interview City Council Vacancy Appointment Candidates. The deadline for residents to submit an application to be considered for the current City Council vacancy is September 9 at 4:30 p.m. Councilmember Bukkila suggested the City schedule the interviews for thirty minutes. She asked how many people had expressed interest in the position and how many applications have been received. City Administrator Dickinson stated there had been seven or eight people interested in the position and three applications have been received at this time. He would estimate a total of ten applications by the deadline. The Council discussed dates they would be available to conduct interviews. Councilmember Trude suggested the Council meet on September 12 to review the applications and determine who they would like to bring in for interviews and schedule these interviews for © September 19. She also suggested the Council look at another night to ensure they have it set aside in case they need to perform second interviews and do additional review. Mayor Gamache stated Monday, September 12 at 7:00 would be acceptable for staff and Council to review the applications. Motion by Mayor Gamache, Seconded by Councilmember Bukkila to schedule September 12 at 7:00 p.m. for the Council and staff to review applications and September 19 at 6:30 p.m. for interviews. The motion carried unanimously. City Administrator Dickinson pointed out if additional time was needed the Council could meet at 6:00 p.m. on September 20. Mayor Gamache suggested 6:30 p.m. on September 21 as another time that the Council would be available. Motion by Councilmember Trude, Seconded by Councilmember Bukkila to schedule September 20 at 6:00 p.m. with a continuation of the meeting after the regular meeting and September 21 at 6:30 p.m. for Council interviews and additional discussions if needed. The motion carried unanimously. © ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the administration and city department © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 9 activities, legislative updates, an update on development/CIP projects and meeting reminders /community events including Recycling Day on September 10. MAYORICOUNCIL INPUT (Bow Hunting Petitions) Councilmember Trude stated the City would be receiving a petition for special bow hunting and she requested the City expand the mailing in rural areas to within 750 -feet in order to ensure those people that may be interested are aware of the request and the date of the meeting. City Administrator Dickinson suggested the City follow the City Ordinance because there will be other petitions brought to the City Council for consideration. At this time there is a potential for three or more separate requests. The City will also post this information for the public along with a map showing the areas that will be requesting special bow hunts. The deadline to have petitions into the City in order to have them before the Council in September is Thursday, September 8th (Fall Recycling Day) Mayor Gamache asked if there would be a paper shredder at the City's ® recycling day on September 10. Councilmember Trude stated this information is in the newsletter. (Special Election) Mayor Gamache stated one of the Consent Items was setting a special election for 2012. The City Council will appoint someone to fill Councilmember Jacobson's seat from now until the special election in 2012 and then the elected person will fill the remaining two -years of Councilmember Jacobson's term. Councilmember Trude pointed out that Andover is a statutory city and follows State Statute in these circumstances. (Fundraiser at Tanner's) Councilmember Bukkila stated she would be on the roof of Tanner's from 9:00 to 6:00 on Saturday, September 17 for a Mental Health and Well Being fundraiser. (School) Mayor Gamache reminded residents that school has started and kids are at bus stops and walking to school and to be careful. ADJOURNMENT Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to adjourn. Motion © carried unanimously. The meeting adjourned at 8:27 p.m. Respectfully submitted, © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 10 Tina Borg, Recording Secretary H H © Regular Andover City Council Meeting Minutes — September 6, 2011 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —September 6, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE ........................................................................... ..............................1 RESIDENTFORUM ....................................................................................... ............................... 1 PROCLAMATION CONSTITUTION WEEK ............................................... ............................... 1 PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH ....... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve 2012 Anoka County Sheriff Contract ............................. ............................... 2 Item 4 Approve Contract for School Liaison/Anoka- Hennepin School District #11 .............. 2 Item 5 Approve Change Order #1/11 -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 (See Resolution R064- 11) .................................................. ............................... 2 © Item 6 Declare Cost/Order Assessment Roll/11 -2b, 11 -2c, & 11- 2d/2011 Street Reconstruction (See Reolutions R065 -11, R066 -11 & R067 -11) ....... ............................... 2 Item 7 Approve Assessment Agreement/11- 16/Rosella Sonsteby Property/SS & WM Extension............................................................................................. ............................... 2 Item 8 Approve Resolution Accepting Resignation and Declaring a Vacancy /Councilmember Jacobson (See Reolution R068- 11) ...................................................... ............................... 2 Item 9 Approve Resolution Calling for a Special Election (See Resolution R069-1 1) ........... 2 Item 10 Financial Policy Changes /GASB No. 54 ....................................... ............................... 2 DISCUSS WOODLAND ESTATES DRAINAGE RESOLUTION PROPOSAL /11- 32 .............. 2 CONSIDER DECLARING DANGEROUS DOG /1815 ANDOVER BOULEVARD ................. 2 REVIEW /ADOPT 2012 PRELIMINARY TAX LEVY (See Resolution R070- 11) ...................... 5 REVIEW /ADOPT 2012 DEBT SERVICE LEVY CHANGES (See Resolution R071 -11) .......... 5 DISCUSS ANOKA COUNTY PROPERTY ADJACENT TO ROUND LAKE BOAT LANDING................................................................................................... ............................... 5 SET HEARING DATE(S) FOR 2012 BUDGET & LEVY DISCUSSION & PUBLIC COMMENT................................................................................................. ............................... 7 SCHEDULE INTERVIEW DATE(S) FOR CITY COUNCIL VACANCY APPOINTMENT CANDIDATES............................................................................................ ............................... 7 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 (Bow Hunting Petitions) .............................................................................. ............................... 9 © (Fall Recycling Day) .................................................................................... ............................... 9 (Special Election) ........................................................................................ ............................... 9 (Fundraiser at Tanner' s) .............................................................................. ............................... 9 ( School) ....................................................................................................... ............................... 9