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HomeMy WebLinkAboutMinutes - 1974/07/08Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Picker PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A Regular Meeting of the Mounds View City Council was called to order by Mayor Neisen at 8:00 P.M. on July 8, 1974, at the Mounds View City Hall, 2401 Highway #10, Mounds View, Minnesota 55112. Also Present: Clerk- Typist Peddycoart Attorney Meyers Engineer Bearden MSP Neisen- Hodges) To appoint Arlene Peddycoart as Deputy Clerk for the duration of the meeting. 5 Ayes MS (Hodges Pickar) To approve the minutes of June 24, 1974. Mayor Neisen called attention to Page 3 of the minutes and asked that they be changed to read "to reject the application of the International Mediation Society to use the hall on Mondays or Tuesdays as requested because the hall is used these evenings MSP (Hodges Pickar) To amend the minutes of June 24, 1974 with the above change. 4 Ayes Johnson Abstained Residents Requests and Comments from the Floor Mr. George Brooks, 8482 Spring Lake Road presented a petition urging the speed limit be lowered from 40 to 30 m.p.h. on Spring Lake Road from Hwy #10 north to County Road J. MS (Hodges Baumgartner) To rec ^ive the petition and forward it to the county. MSP (Baumgartner Pickar) To approve receipt of the petition and to forward it to authorized agents for action. 5 Ayes Mrs. Richard Huhne, 8406 Red Oak Drive inquired if dead trees were being marked with a yellow dot. Mayor Neisen instructed her to call the City of New Brigtt-•n and speak to Tom Lewcock for a final answer concerning diseased or dead trees. Mr. Ken Letourneau, Beutow Associates, on behalf of Smith Transfer presented final plans and requested approval to proceed with construction of the proposed terminal. Mr. John Bearden stated he is drafting a letter for Smith Transfer for storm sewer drainage. He added that they are going to petition for a storm sewer extension on the west boundary of the property down to Rice Creek which will be required to handle water with the grading plan presented. Mayor Neisen's Report -2- Councilman Baumgartner read a portion of the Planning Commission minutes dated June 3, 1974 concerning Smith Transfer. Mayor Neisen called for any action on the plan. MSP (Johnson- Hodges) To grant a building permit for Smith Transfer Warehouse subject to approval by the building inspector, fire chief, and other regulatory agents. 5 Ayes Mayor Neisen read a letter from the Metropolitan Council announcing a public meeting to be held by the Environmental and Transportation Committee of the Metropolitan Council on Tuesday, July 16, 1974 at 7:30 P.M. in the Metropolitan Council Chambers, 300 Metro Square Building, St. Paul. The Committee has received and is considering the recommendations from the Metropolitan Parks and Open Space Commission for proposed regional park acquisition and development projects to be funded by the Metropolitan Council in 1974 and 1975. Mayor Neisen also read a memorandum on development framework sessions of the Metropolitan Development Guide from John Boland. Mayor Neisen read the Police Report for June 1974. MSP (Neisen- Hodges) To approve the bills: General Fund checks #8742 thru #8816, Bond Account checks #115 and #116, Payroll Account checks #1099 thru #1103, Payroll checks #1169 thru #1207 and transfer check #8817 transferring $13,619.04 to the Payroll Account to pay gross pay of July 15, 1974. From General $11,017.84, from Water $1,281.42. from Sewer $1,319.78. Total disbursements $144,809.97. 5 Ayes MSP (Pickar Baumgartner) To approve the licenses: Asphalt G. W. Holm Co.; Excavating Schulze Excavating Grading, C. W. Houle Landscaping Co.; Garbage/ Rubbish Hauler Haul -A -Way System Inc.; General Contractor Miles Garages, Gorco Construction Co., Eigenheer Builders, Inc., Bob Carlson Homes, Inc.; Heating Air Conditioning St. Marie Sheet Metal, Inc., Standard Heating Air Conditioning, Clarence E. Nelson Htg. Air Cond., Neil Hubbard Htg. Air Cond.; Masonry Barry Bjugstad thru 6/30/74, Myrdal Pearson Const. Co., Norsk Concrete Constr. 5 Ayes Councilman Johnson's Report Councilman Johnson stated that he had talked to Paster Enterprises, concerning Mounds View Square Shopping Center and they indicated that we should see some action on the construction by July 15, 1974. MSP (Neisen Johnson) To direct the office to contact the treasurer of the North Suburban Sanitary Sewer Board, Coon Rapids City Hall and find out what the $431.00 bill we received covers and what period it covers by next Monday evening with a copy of the Resolution to each councilman. 5 Ayes -3- MSP (Johnson Baumgartner) To recess the Regular Meeting at 8:30 P.M. 5 Ayes Mayor Neisen called the hearing concerning changes to the Dog Ordinance to order. He explained that the hearing was being held because of the numerous complaints we have received on dogs running wild, biting persons, etc. Residents were informed of the hearing via the newsletter. Mayor Neisen read a letter from Jane Schelb, 2555 Woodale Drive in favor of the leash law and then asked for comments from the floor for or against the leash law. Mr. Dennis Racer, Ordinance Chairman, representing the Minnesota Purebred Dog Breeders Association presented a Model Dog Ordinance which they have adopted after reviewing several ordinances from various communities. Mayor Neisen read a portion of the model ordinance under restraints. Mrs. Clara Ford, 8334 Groveland Road voiced her concern as to how we intend to enforce a leash law. Mayor Neisen replied thr.t any dog not on a leash would be in violation of the ordinance. Mrs. Ford presented a log she has kept on her neighbor's dog stating several incidents in violation of the ordinance. She expressed hope that the leash law would go into effect. Mrs. Arlene Stowasser, 7846 Long Lake Road was not concerned with the leash law, but wish barking c',1gs. Mayor Neisen read the City Ordinance on barking dogs and then read the Model Dog Ordinance, Item g. Nuisance Dog. Mrs. Sharon McCarthy, 7760 Long Lake Road stated her concern for dogs running loose in her neighborhood causing dogs that are tied to bark and cry and break their chains. Mrs. Sue Kelly, 8240 Red Oak Drive said she was in favor of the leash law and that it was unfair to people who don't have dogs as well as those who do and the dogs themselves to let them run loose. Mr. Carl Hoisser, 2520 Hillview Road just wants to see enforcement of any law. He said it is not dogs we have to control it is the owners themselves. Mrs. Sue Benedict, 7806 Gloria Circle stated that she is not a dog owner herself and suggested that persons having a problem with dogs getting into garbage cans should buy a tie -down strap for their cans. Mr. Russell Paul, 7940 Greenfield Avenue, owner of two well trained and cared for field dogs challenged the leash law and felt it would be unfair to dogs and to persons like himself who do not violate the present command law. He said if there is a problem we should get at the problem. He suggested the City employ individuals to check door to door the number of dogs and owners, checking on licensing of dogs with proper description, to insure a true registration. Mr. Robert Glazer, 2625 Hillview Road, feels a leash law is reasonable and wants to endorse it. 4- Mrs. Mary Lavaque, 2146 Hillview Road stated that dogs at the playgrounds unattended have been biting or knocking down small children while they were quietly playing. She is in favor of the leash law. Mrs. Mike Lonergan, 7852 Long Lake Road stated there are six barking dogs in her neighborhood and wants to know what is being done or what should be done about this. Mayor Neisen read a portion of the City Dog Ordinance concerning habitual barking or crying dogs. The procedure to be followed is: 1) Come to City Hall, 2) file a complaint with the judge, 3) Judge imposes fine on the owner. Persons may call the dog catcher and if the dog is barking or crying while they are there, then a complaint could be filed against the owner. Mrs. Stowasser, 7846 Long Lake Road asked B E Patrol if they picked up abused dogs. Mrs. Connie Mossey, B E Patrol representative stated that they do in some cases such as someone who is gone on vacation and leaves their dog unattended. Mrs. Sharon McCarthy said many people have three or four dogs who are not licensed for kennels. Mrs. Allen Elleraas, 7800 Gloria Circle said dogs chase her en route to the bus stop in the morning and she wished the leash law would be passed. Mayor Neisen commented that if people let their dogs run loose in violation of the present law; will they let them run loose in violation of the leash law? We cannot blame the dogs, we have to blame the owners. Pat Kelly, 8240 Red Oak Drive asked about the current operation of B E Patrol. Mayor Neisen said they patrol two hours per day five days a week, and from August, 1973 to December, 1973 55 dogs were picked up. b L Patrol feels the two hours per day is adequate. Attorney Meyers suggested that pecple keep a log on dog violation so that if they come into court they have proof because the court has to have something to work with to prove a man guilty, and this is very difficult to do. We have all the tools basically at present except the leash law and it is a prima facia case there is a violation of the ordinance. Mr. Russell Paul stated the leash law adopted by both St. Paul and Minneapolis has been impossible to enforce. It is far from the answer to the problem. Mrs. Phyllis Brooks, 8482 Spring Lake Road asked what the purpose of the dog license was. Attorney Meyers stated it covers the cost of administration, office work, policing, paper work, and that no profit is made en licensing. Mr. LaVerne Gollnick, 8085 Greenwood Drive asked what the fine was when someone was caught: in violation. He sugges d the fine be quadrupled. Mayor Neisen then read the fine schedule. -5- Mrs. Dawn Paul, 7940 Greenfield is for enforcement of the present law and urged people to have enough courage to sign complaints. Councilman Johnson asked B E if it was easier to pick up dogs under the leash law than the present law. B E Patrol stated that it is easier to prove that they are in violation under the leash law. They added that they do not give out the names of persons who file complaints. Mayor Neisen asked Attorney Meyers about the Restraint Section of the Model Dog Ordinance. Attorney Meyers stated you would have to prove competent person, disprove competent person or immediate obedient to person's command. Mr. Shelquist, 8025 Fairchild stated the leash law would be a tool for enforcement, and feels Mounds View needs effective control more than two hours dog patrol per day. Mayor Neisen said the City is currently paying $400.00 per month now for dog patroling. Robert Glazer, 2625 Hillview Road would like to see the ordinance amended so that if an animal is picked up the owner is held responsible and have a fine applied to him. Mayor Neisen asked about the possibility of giving a permit to a man to work his field dogs if a leash law were enacted. Attorney Meyers said any modification from leashing becomes a problem for an officer and a court. For enforcement purposes any less than complete leashing is getting practically back to command situation. Mr. Floyd Linnell, 5205 Sunnyside Road felt he should not have to pay for dog catcher fees when they have never owned a dog. Mrs. Wayne Mecl, 6969 Knollwood Drive felt people should be more fully informed Mrs. Barbara Haake is in favor of a leash law and asked about a special permit to run field dogs. Attorney Meyers stated Lhe law would have to be written so well that the office staff would be able to determine who would or would not qualify for a special permit or each application for special permit would require a hearing before the City Council. Mr. Russell Paul suggested the fine imposed be raised. Mayor Neisen stated the reason this fine is not raised is that it is cheaper for people to buy another dog than pay the fine. Mr. George Brooks asked how much income the City receives from dog fines. Connie Mossey, B E Patrol representative stated that fines collected from August thru December amounted to $407.00. Mrs. Floyd Linnell, 5205 Sunnyside stated they made a signed complaint on dogs in their old neighborhood and nothing was ever done. Connie Mossey feels B E Patrol should be permitted to sell licenses and dogs picked up would not be released until dogs were licensed. David Racer, Minnesota Purebred Dog Breeders representative stated he would be available to work on the ordinance with any member(s) of the Council. Mr. Allen Elleraas, 7800 Gloria Circle, feels dogs should be trained to stay in their own yards. He said some Cities have people sign a pledge that their dog will stay in its yard or they can pay a higher license fee without signing the pledge. Letting the people decide for themselves what they want to do. Mr. Johnson, 7767 Long Lake Road feels all dogs should be licensed. Mayor Neisen reviewed alternatives that could be taken: 1) Council and Attorney review Model Dog Ordinance and check on issuance of special permits, 2) Try to come up with a set fee to justify going door to door checking registration, 3) or Establishing a lifetime dog licensing. MSP (Neisen- Johnson) To recess the hearing until August 12, 1974 at 8:30 P.M. 5 Ayes Mayor Neisen called the Regular Meeting back to order at 10:05 P.M. Councilman Baumgartner's Report MSP (Baumgartner Hodges) To approve minor subdivision for Leonard Kremer, Lot 2, Spring Lake Park Knolls Addition with a five foot utility easement taken from each int. Councilman Baumgartner stated that Arnold Christianson's application for a Special Permit for an oversize shed was approved at the last Planning Commission meeting. MS (Neisen- Johnson) To approve a major_ subdivision for Keith Harstad; proposed plat of Red Oak Estates #3. Councilman Baumgartner read the Planning Commission minutes concerning Mr. Harstad's subdivision. Mayor Neisen read from the sbudivision request application facts leading to the present, including reading a portion of the June 12th, 1972 Council Meeting hearing for Mr. Harstad's townhouse proposal. Mayor Neisen presented the tentative plan brought forth at the hearing and then read a portion of the minutes of January 28, 1974. Keith Harstad asked for acceptance of the final plat so that construction can be started. Attorney Meyers read part of Chapter 42.06 Major Subdivision and stated Harstad's preliminary plat was approved and that he was appearing tonight to submit his final plat for approval. Considerable discussion as to whether or not a "preliminary plat" per sa was approved. Councilman Baumgartner explained that the reason for the street access the way it is now on the plat is due to people on the other side of Long Lake Road who were present at the 1972 hearing when the proposal was first made. 5 Ayes -7- Attorney Meyers stated that the property has been legally designated for town- house use and at this stage the plat plan approval is the only question before the Council. Mr. Harstad stated that his site plan and final plat are exactly the same. The only change is that the buildings on the West of the plat plan have been moved 15 feet closer to County Road H2, he has added 10 feet to each lot, and the section of buildings on Greenwood have been moved closer to Long Lake Road. Several residents of Red Oak Estates #2 voiced their protest against the town- houses. Mrs. Darwin Bosell, 2601 Ridge Lane stated they did not live here when this was approved and they are concerned about the traffic pattern to the 34 units which will be on Greenwood Drive. Mayor Neisen commented that the total plan, total number of townhouses, total number of exits were approved before one basement was dug and before one footing was put in Red Oak Estates #2. This townhouse proposal was pre planned. Darwin Bosell said the Planning Commission led them to believe they could have a public hearing on this and wanted to know about the drainage problem. Mayor Neisen stated there already has been a public hearing and Engineer Bearden will be working with Mr. Harstad as soon as he can get into the lower end of the property he will dig the ditch. Mr. Harstad stated he has not been able to complete the swal between County Road H2 and Louisa Avenue because of rain. Darwin Bosell asked if there was anything they could legally do that they were not doing now. Attorney Meyers stated that this matter has been thoroughly heard and the Planning Commission can only advise the Council. David Berg, 2609 Clearview Avenue expressed the problem they are having with water standing in yards and basements in the neighborhood. Mr. Harstad commented on the question of whether or not he intends to rent the townhouses. He stated that he does not want to rent them, but may have to do so on a temporary basis if economic conditions so dictate. MSP (Neisen- Johnson) To approve the final plat for Keith Harstad's townhouses, Red Oak Estates #3, dated June 21, 1974. 5 Ayes MSP (Neisen Pickar) That no more building permits will be issued to Mr. Harstad for townhouse construction in Re.? Oak Estates #3 until the drainage facilities for that area and the drainage ditch between County Road H2 and Louisa Avenue were completed. Councilman Baumgartner stated the Park and Recreation Commission met last week. Wayne Weflin and Kip Lundquist are attending the Commission meetings as trainees. 5. Ayes Councilman Pickar's Report Attorney Meyers' Report -B- Councilman Pickar stated that the Human Rights Commission did not meet this month. He also stated that Lakeside Park suffered approximately $300.00 damage by vandals. Attorney Meyers presented the Council with a proposed agreement on the Minor Property. MSP (Johnson Baumgartner) To authorize the Mayor and Deputy Clerk to execute the purchase agreement for $90,000.00 with a 25 foot easement. 5 Ayes Attorney Meyers reported that the attorney for Downing property was considering acceptance of our offer, but he has had no further word from him. Attorney Meyers stated he has received a summons and complaint from Dailey Homes verses City of Mounds View and he is answering the lawsuit. Engineer Bearden's Report MSP (Neisen- Hodges) To authorize John Bearden to execute and sign the required forms from the National Pollution Discharge Elimination System (NDES) Permit to the best of his ability. Engineer Bearden commented on the storm sewer line Smith Transfer would like to install at their own expense in order to handle the water run off. 5 Ayes MSP (Neisen Pickar) To direct the Engineer to conduct a study and cost estimate and proposal of Rice Creek Water Shed Board of running another line parallel. 5 Ayes MSP (Johnson- Hodges) To adjourn at 12:24 A.M. 5 Ayes Respectfully Submitted, Arlene Peddycoart, Clerk- Typist