City Council

REGULAR ANDOVER CITY COUNCIL MEETING – MARCH 19, 2024 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Bukkila, March 19, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, Rick Engelhardt, and Randy Nelson Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish City Attorney, Scott Baumgartner Fire Chief, Dennis Jones Others PLEDGE OF ALLEGIANCE FIRE DEPARTMENT BADGE PINNING Fire Chief Jones introduced and gave brief backgrounds on David Gibson, Jacob Knivsland, and John Lucking. Mayor Bukkila gave the Oath of Office to the three new firefighters. The new firefighters were pinned by one of their family members. RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL Mayor Bukkila noted the supplemental information received: Item #10 – Hearing/Consider Classifying a Nuisance Dog/2258 137th Lane NW Motion by Butler, Seconded by Barthel, to approve the Agenda as amended. Motion carried unanimously. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 2 APPROVAL OF MINUTES February 29, 2024, Workshop Meeting: Correct as written. March 4, 2024, Regular Meeting: Correct as written. Motion by Nelson, Seconded by Engelhardt, to approve the February 29, 2024 Workshop meeting minutes and the March 4, 2024, Regular meeting minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Bid/24-2, 2024 Street Reconstruction & 24-19, 7th Avenue NW Frontage Road Trail (See Resolution R035-24) Item 4 Award Bid & Approve 2024 Code Enforcement Abatement/Mowing Contract Item 5 Approve Park Dedication Study Amendment (See Resolution R036-24) Item 6 Approve Application for Exempt Permit Item 7 Approve Cannabinoid License/13650 Hanson Boulevard NW, Suite 104 Item 8 Receive February 2024 City Investment Reports Motion by Nelson, Seconded by Barthel, to approve of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT Commander Paul Lenzmeier provided a monthly report including 887 calls for service, two reported burglaries, and 17 reported thefts. He shared they made three felony arrests, five gross misdemeanor arrests, and 24 misdemeanor arrests for the month. He added there were three DWI’s for the month. He shared it was a very busy month with conducting active shooter training. He shared the exciting news that the SROs are back in the schools. He explained the County offered a program to the department for tactical wellness testing which has yielded positive results so far. He shared in February they received a call that a 14-year-old girl in the community was having an inappropriate relationship with a 24-year-old out of the state of Virginia. He stated when the girl's parents found out about this, the male was already on a plane coming to Minnesota to meet the girl. He explained the criminal investigation division is looking into this. He noted this is a difficult conversation that parents need to have with their children. He said parents need to be extra vigilant in their knowledge of what is going on with their children. Councilmember Nelson asked if the cardiopulmonary test that was conducted as part of the tactical wellness test was done on a treadmill or bicycle and if they were monitored on an EKG. Commander Lenzmeier said it was done on a stationary bicycle and that they were monitored by an EKG. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 3 Councilmember Nelson shared he had a parent of a high school student and a middle school student who reached out to him about having the SROs back in the schools. He said this is wonderful news and hopes that the State legislators learn that they should communicate with law enforcement before they implement different things. HEARING/CONSIDER CLASSIFYING A NUISANCE DOG/2258 137TH LANE NW The City Council was requested to receive a presentation, gather testimony and to consider adopting the resolution declaring a German Shepherd named Myha owned by Victor and Valentina Magu, 2258 137th Lane NW a nuisance dog and to determine appropriate disposition. City Administrator Dickinson reviewed the information with the Council concerning the nuisance dog consideration. Councilmember Nelson asked if this dog is a service animal. Mr. Dickinson said the letter submitted to the City states the owner is eligible for a service animal. City Attorney Baumgartner explained the letter references the belief that the pet owner would benefit from an emotional support animal, which is different from a service animal. He noted the Registered Service Animal Certification that was submitted to the City, which came from a website that sends pet owners this certificate by declaring they have a service animal. He said this website requires no verification of the animal as being a service animal. Motion by Butler, Seconded by Barthel, to open the public hearing at 7:29 p.m. Motion carried unanimously. Tom Lamon, 13766 Swallow Street NW, came forward and shared they have lived in the area for a few years and their neighborhood is very nice. He stated issues with this dog started about a year and a half ago with the dog barking quite a bit. He said he and his wife work from home quite a bit which made them notice that the dogs barked constantly throughout the day but would stop barking later in the day when the owner got home. He shared about a year and a half ago he put a note in the owner's mailbox asking them if they could do something about the dog; however, nothing changed so he had to call the Sheriff's Office every time the dog would bark for hours on end. He noted this got to the point where the Sheriff’s Office was coming out every other day to respond to a complaint. He said he wants to get along with his neighbors, so he is reluctant to press this matter; however, it is a serious issue. He added the noise has improved over the last few weeks. He shared the dog also runs around, without a leash on, in the front yard. He noted he believes the nuisance classification is justified in this case, but he does not want to see the dog destroyed. He reiterated things have improved since the last time the Sheriff’s Office was out at the property. He stated he would like to know if the owners have done anything to reduce the impact of the dogs barking recently. Mayor Bukkila shared there is a language barrier for the dog owner and they may need to continue this matter with an interpreter. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 4 Victor Magu’s daughter came forward to act as a translator for Mr. Magu. She shared they have been trying several different collars on the dog to tame the barking and they think they found one that will work well. Mr. Dickinson shared the dog owners would like to avoid the destruction of the dog and they do believe that they can effectively put the shock collar in place to keep the dog quiet. Mayor Bukkila said the ultimate goal for this situation is to see that the dog owners are acknowledging the behavior of the dog. She stated it is never her goal to destroy an animal; however, she wants to make sure they have responsible pet owners. Mr. Baumgartner shared they need to make sure that Mr. Magu is consenting to his daughter being his interpreter and not just speaking on his behalf. Mr. Magu came forward and joined his daughter. Ms. Magu’s daughter shared when they received the first complaints about the dog, they purchased the bark collar and it worked for about a month then it stopped working. She said something triggered the dog and the barking came back. She added when they received another complaint, they ordered another collar and by the time the collar was delivered they received another complaint. She said after having complaint after complaint, they have purchased another collar that they hope will continue to work. She added the dog also stays indoors a lot of the time in the garage. She said their dog is like a human and it is their form of communication in one way. She said in the country that they used to live in, they had a large farm where the dog had a lot of space, and it is very different here. Mayor Bukkila said it is not customary to let animals be able to pass freely from indoors to outdoors with an owner not present. She asked if the dog is free to go in and out during the day when no one is home. Mr. Magu’s daughter shared the yard is fenced so the dog cannot get off of their property. She shared that German Shepherds are very reactive dogs to noise which makes him bark at all of things. She said they will be doing the best that they can to make sure the barking stays under control. She noted if anyone comes on the property that the dog is not familiar with, usually the dog will bark as a matter of protection. Councilmember Butler shared it seems like a lot of the problems occur during the day when no one is home and stems from the dog having free access to go outside during the day. He asked if it is possible to keep the dog inside when no one is home. Mr. Magu’s daughter said this is what they have been doing for a while now and the dog stays inside the garage or in the house during the day. Councilmember Butler shared he also has a large dog that barks frequently; however, the dog stays inside most times. He said people understand that dogs will bark from time to time, but when it goes on for hours it becomes disruptive. Mr. Magu’s daughter shared they understand this, and they are doing their best to get it under control. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 5 Mayor Bukkila asked how many tickets have been issued up to this point. Mr. Dickinson said four citations have been issued. Mayor Bukkila asked if these citations have all been completed through the process and paid for. Mr. Baumgartner shared the two citations from November 2022 were paid and the two citations from March 2024 have not yet been paid. Mr. Magu’s daughter shared they were waiting until today’s hearing to address the most recent tickets. Mr. Baumgartner explained these two citations are considered petty misdemeanors under Code, which means they are payable offenses. He added the most recent fines need to be paid within 30 days of the issue date. Councilmember Nelson said it sounds like the bark collar works. He noted Mr. Lamon stated that the last three weeks have been pretty quiet. He asked if the collar seems to be effective when the dog wears it. Mr. Magu’s daughter said yes. She noted they have been using different collars for a while and occasionally they will stop working. She said the collar that they have now seems to be working better than any of the others they have used. Councilmember Engelhardt asked if they have done any obedience training for the dog. Mr. Magu’s daughter said they did not take the dog to any training classes. She said they had four dogs in their home country, and he trained them the way he knows how. Councilmember Engelhardt asked if the dog is crate trained. Mr. Magu’s daughter said no and that the dog is free to roam in the house. Councilmember Butler asked Mr. Lamon if he has noticed over the last few weeks that the dog is not outside during the day as much. Mr. Lamon said he has just noticed a significant decrease in the barking noise; however, he does not go across the street to see if the dog is out in the yard or not. Councilmember Butler asked if the dog were to be kept inside during the day if Mr. Lamon would not be disturbed. Mr. Lamon said the dog does not bark at night and is fine when the owners return home. He noted the dog gets very anxious during the day which causes the barking. He said he does not want the Council to lose the momentum of what it took him to come in front of the Council, which is multiple phone calls to the Sheriff’s Office. He noted there has been an improvement over the last three weeks; however, he has been living with this for two years. He added he was asked by a Sheriff’s Deputy to film the barking on a few occasions, which he did do. He said he does not want to take Mr. Magu’s dog away, he just wants them to take this enforcement action in place until there has been three or four months of the quieted down behavior. He shared his appreciation for the Council and Mr. Dickinson for their work and hearing this case. Motion by Nelson, Seconded by Butler, to close the public hearing at 7:59 p.m. Motion carried unanimously. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 6 Mr. Baumgartner agreed with Mr. Lamon that it took a lot to get to this point. He said this has taken two years and four citations to get to this point and they are now at a level where the Council has in front of them the opportunity to correct behavior and he would suggest that they not lose this momentum. He suggested the Council declare the dog a nuisance and withhold determination of any abatement process and stay this determination on certain conditions. He added if the barking continues after this, and it comes back before the Council again then they would have to take a different determination. He said he would hate to have the Council start this whole process again. He noted this can be done is general terms that the decision can be stayed on the condition that there are no further nuisance calls related to the barking. Councilmember Butler asked if setting these conditions are abatements or if these conditions are different than an abatement. Mr. Baumgartner explained by leaving these conditions open it gives them the option to go to the other options of removal or destruction of the dog if the nuisance continues. He explained this is similar to a probationary period as seen in the criminal system. He said they can give the owner certain conditions, and if they do not abide by these conditions then the penalty is attached. Councilmember Butler asked if this would also allow the dog owner some control on how they correct and control the dog's behavior. Mr. Baumgartner said yes. He noted the main issue in this case is the barking, and however the barking is eliminated is what needs to be done, whether that be keeping the dog inside or having a bark collar on the dog. He said this would leave the discretion up to the dog owner with the understanding that if the barking continues then there will be a penalty. He noted there is an incentive for the dog owner to alleviate the barking. Councilmember Barthel said he likes Mr. Baumgartner’s suggestion as it seems appropriate for this matter. Councilmember Engelhardt agreed. Councilmember Nelson shared he believes this is a great idea to have the dog classified as a nuisance but give them a probationary period to stay in compliance. Mr. Baumgartner shared this alternative gives the dog owner both a benefit and an incentive. Councilmember Butler asked if they pass the resolution that finds the dog a nuisance and then attach the conditions if they should set a defined period of time for this or if it can be indefinite. Mr. Baumgartner said they can set a definition period of time; however, he does not know what amount of time they could set it at. He added it depends on what happens. He said if the dog barks once when a delivery truck goes by the house and someone in the area happens to call and complain, they would have to use some discretion with this. Councilmember Butler asked if they define a period of time, what happens after the time is up. Mr. Baumgartner explained this would likely start the process over and after the set period of time, anything beyond this would start the process over with this hindsight in mind. Mayor Bukkila suggested a one-year probationary window. The Council agreed. Regular Andover City Council Meeting Minutes – March 19, 2024 Page 7 Councilmember Barthel asked if they are required to set a time limit for this. Mr. Baumgartner said no. He stated he would not recommend going beyond a year as that is what is typically associated with a misdemeanor offense. He shared he is hoping that any corrective measures would happen within the first year and this issue will not continue. Mayor Bukkila said she is looking for a reasonable mediation to allow the dog owners the opportunity to train the dog. She noted the neighbors who complained about the dog want to see the dog owners to be responsive to this issue. She shared she needs to see a commitment on behalf of the dog owner recognizing that this is a problem for them that they have to correct. Mr. Dickinson shared he has discussed this with the dog owner and his daughter, and they are fine with this. Mr. Lamon thanked the Council for spending so much time on this. He said he would be acceptable to Mr. Baumgartner’s suggestion, and he likes that the discussion went in this direction. He added he wants Mr. Magu to be able to have his dog. Motion by Butler, Seconded by Nelson, to adopt Resolution No. R037-24, declaring the dog owned by Victor and Valentina Magu at 2258 137th Lane NW a nuisance dog under City Code with a stay of abatement decision for one year from today’s date. Further discussion: Councilmember Nelson asked if they have to state what would happen if there is a violation during this one year period. Mr. Baumgartner said this is implied that it would come back to the Council for determination. He said if there are other calls for the dog, they will go to Mr. Dickinson for screening to determine whether or not it needs to come back to the Council. Councilmember Engelhardt thanked everyone involved in this case for working together to try to solve this. Motion carried unanimously. Mr. Dickinson said they will be sending the dog owner documentation with the final conclusion of this decision. Mayor Bukkila thanked the dog owner and the neighbor for coming and speaking on this matter. ADMINISTRATOR’S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Administrative Staff Report) Mr. Dickinson reviewed the Administrative Staff report. He shared Regular Andover City Council Meeting Minutes – March 19, 2024 Page 8 there are 24 new homes in the City so far this year. He noted that Legacy Christian Academy has a partial CO and they are already utilizing the expansion of their building. He added the Anoka 911 Center is moving along, and they are working on the interior finishes. He stated there are also many churches in the City that are in the remodeling process. He added the farmer’s market at Grace Lutheran Church will be relocated, and they have not determined a final location. He shared the property across from City Hall will have PUD and plat hearings going before the Planning and Zoning Commission next week. (Public Works/Engineering Department Report) On behalf of Mr. Berkowitz, Mr. Dickinson reviewed the Public Works and Engineering Department report. He shared they are getting started on the construction for the Red Oaks Neighborhood on April 15th. He stated they will be sending out communication to outline the next steps of this project for all of those in the neighborhood. He noted there have been conversations with the MPCA and one of their top priorities is to seek funding for the monitoring area. He shared the legislature is introducing a number of bills in an effort to provide affordable housing; however, he does not believe these bills will accomplish this task but will make development very difficult. He added the City often pushes for local control and this will not support that. He shared he will be meeting with many legislators tomorrow on this matter. He encourages residents to reach out to legislators as well if they have opinions on things being discussed. Mayor Bukkila asked if there is anything that the Council can do to affirm what Mr. Dickinson is saying so that the legislators know that it is coming from the Council. Mr. Dickinson stated the League of Minnesota Cities has some available model resolutions that they are working on. He suggested if the Council feels strongly about this that they would direct the Mayor to sign one of these resolutions on behalf of the City. Councilmember Engelhardt said he knows the affordable housing issue was a major topic when he was campaigning for Council. Councilmember Nelson shared he received his Andover property tax statement today. He asked if there are any residents who believe their statement is incorrect or the wrong classification if they should contact the local board equalization. Mr. Dickinson said they should first contact Anoka County as they may be able to achieve this with the County Assessor and other outstanding questions will go to the Board of Review. MAYOR/COUNCIL INPUT Councilmember Engelhardt thanked Commander Lenzmeier and the staff at the Sheriff’s Office for hanging in there during the SRO situation. He thanked City Staff for their work to make the home show successful. ADJOURNMENT Motion by Barthel, Seconded by Nelson, to adjourn. Motion carried unanimously. The meeting Regular Andover City Council Meeting Minutes – March 19, 2024 Page 9 adjourned at 8:34 p.m. Respectfully submitted, Ava Major, Recording Secretary Regular Andover City Council Meeting Minutes – March 19, 2024 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – MARCH 19, 2024 TABLE OF CONTENTS TOC \h \u \z \t "Heading 1,1,Heading 2,2,Heading 3,3," FIRE DEPARTMENT BADGE PINNING ................................................................................1 RESIDENT FORUM ..................................................................................................................1 AGENDA APPROVAL ............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 2 CONSENT ITEMS .....................................................................................................................2 Item 2 Approve Payment of Claims .....................................................................................2 Item 3 Award Bid/24-2, 2024 Street Reconstruction & 24-19, 7th Avenue NW Frontage Road Trail (R035-24) .................................................................................................................2 Item 4 Award Bid & Approve 2024 Code Enforcement Abatement/Mowing Contract ..... 2 Item 5 Approve Park Dedication Study Amendment (R036-24) .........................................2 Item 6 Approve Application for Exempt Permit ..................................................................2 Item 7 Approve Cannabinoid License/13650 Hanson Boulevard NW, Suite 104 ...............2 Item 8 Receive February 2024 City Investment Reports ..................................................... 2 ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT ............................................2 HEARING/CONSIDER CLASSIFYING A NUISANCE DOG/2258 137TH LANE NW (R037-24) ............................................................................................................................3 ADMINISTRATOR’S REPORT ............................................................................................... 7 MAYOR/COUNCIL INPUT ......................................................................................................8 ADJOURNMENT ...................................................................................................................... 9