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HomeMy WebLinkAboutMinutes - 1974/08/12A Regular Meeting of the Mounds View City Council was called to order by Mayor Nelsen at 8:00 P.M. on August 12, 1974, at the Mounds View City Hall, 2401 Highway #10, Mounds View, Minnesota 55112. Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickax. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA MSP (Nelsen- Hodges) To approve the minutes of July 22, 1974 with a change in the motion on page 11 to read "To direct the Deputy Clerk to forward a copy of Attorney Meyers' letter of July 15th and Engineer Bearden's letter of July 18, 1974 regarding Red Oak Estates No. 3 with a letter stating that before the signature of the hard shell plat end she issuance of any more building permits these conditions be met Also added to the minutes of July 22nd that there was an announcement made by Mayor Neisen that a budget meeting would be held on July 29th at 6:30 P.M. 5 Ayes MSP (Hodges Baumgartner) Tn amend the minutes with the correction of the spelling on page 1 of Mr. Havland to Mr. Hovland. 5 Ayes MSP (Johnson- Hodges) To approve the minutes of August 5, 1974. 5 Ayes Residents Re.uests and Couuuents from the Floor Also Present: Acting Clerk- Treasurer Sandgren Attorney Meyers Engineer Eldon Comstock Joe Hartinger appeared for the Launching Pad in regard to fencing along County Road H2 to keep paper from blowing out of the parking lot, an issue that was discussed about two months ago. Councilman Baumgartner commented he had seen the fence and would have liked to see it go to the westerly edge of the building. One of the objects of the fence was to cover up the rear of the building from the residents across the street. The fence is approximately 20 feet from the easterly edge of the building. Mr. Hartinger stated it was 26 feet to allow for the driveway. Councilman Baumgartner wanted to see some type of screening fence (cyclone or woven) in the back of the building to cover up the beer cases, etc. from the residents. Mr. Hartinger stated he has ordered slats to be put over the present cyclone fence. The slats had to be specially made b_cause it is a 48 inch high fence higher than the 42 inches required. Mayor Neisen explained that the Launching Pad had previously paid for a six month liquor license and had only been granted it for three months at that time. Now they should grant them the rest of the three months. 2- MSP (Hodges Pickar) To grant the final three to the Launching Pad. Councilman Johnson inquired as to whether or the sign was a different company than before Councilman Johnson also asked if they now had and Mr. Hartinger answered that they had two months of requested liquor license not the lingerie shows advertised on and Mr. Hartinger stated that it was. a guard at the door checking ID's one up and one down. John Bluhm, 7832 Bona Road presented a petition for a sidewalk along County Road I from Long Lake Road to Pinewood School. The p hltion was initiated because School District #621 has decided not to transport 4, 5, and 6th grade students who live a mile or less from school. Mayor Neisen asked if this represented 35% of the people. Mr. Bluhm stated he had 150 signature of people whose children would walk along County Road I. MS (•Hodges- Baumgartner) To receive the petition and to direct the office to check residents that would be using this sidewalk to Pinewood School within one mile, to get an estimate of the percentage and to forward to DeaneAnklan a copy of the petition asking what effect sidewalks would have along the County Road. Mr. Bluhm inquired about who would be assessed for it. Mayor Neisen stated there has been no precedence set, this would have to be decided perhaps the involed residents would be assessed. It has not been discussed before and a public hearing would have to be held. Mr. Johnson a resident commented that there no doubt would be the same problem at Red Oak School on Long Lake Road. Mayor Nelsen stated they would want all information by the next Council Meeting. He asked Mr. Comstock to get some estimates of what sidewalks are running and send out one of his Engineers to see what else would have to be done to County Road I. Also to talk to DeaneAnklan to see what would be involed from his end of it. He stated we couldn't go on the north side since that is the St. Paul Water Works line and the south side is a drainage easement and storm sewer would have to be put in there. Mr. Bluhm suggested talking to the St. Paul Water Works to see if an asphalt walk could be put over the water line. This would be cheaper than cement. Mayor Neisen said the matter would be checked into and reported at the next meeting. Attorney Meyers stated a boundary would have to be decided so the Clerk's Office could check if the petition contained 35% of affected people. It was decided Bronson Drive to Hillview Road, and Long Lake Road to 1 oincy Street would be the most affected area. Councilman Johnson suggested that pernaps the City Engineer should sit down and draw a map like our storm sewer maps with a one mile circum- ference so that the whole problem could be checked into. Attorney Meyers said they may want to consider all the schools if they are going to set up a policy and put it on the tax rolls. We should consider all the areas that might want sidewalks. 5 Ayes -3- If at least 20% is assessed you don't have to have an election and you can go by the petition method. You can order the improvement in and you can assess it and put some of it or all of it on the assessment rolls. If you want 100% taxed you have to have an election. Mr. Comstock stated it is highly unlikely that even if the project is started now, it would be completed during this construction period if the people were thinking of solving the p. -)biem this fall. Kathleen McReynolds, a resident, suggested to petition the School Board if there is a dangerous situation of children walking on more heavily traveled streets if the sidewalks weren't completed this fall. Councilman Baumgartner agreed that it might be a good idea to go to the School Board if there is a dangerous situation and find out their policy on busing. Mayor Neisen thought it a good idea to contact the St. Paul Water Works to see what rights they may allow us, also contact the County to see to what level they would participate and if they would allow us to go on their right -of -way. Derrill Lambert,7701 Woodlawn wanted to know who would be responsible for maintenanee and cleaning in winter if a sidewalk were put in. Sharon McCarthy raid she understood that whoever shovels a public sidewalk, even once, is responsible if someone gets hurt on it. Any area that the City didn't maintain they wouldn't be responsible for, but if a homeowner shoveled it he would be responsible. Attorney Meyers stated that we did not have a sidewalk ordinance yet. Councilman Johnson amended the motion directing the City Administrative staff to write Mounds View School Board asking them what their intentions and long range plans are for school busing and what their policy is for hazardous neighborhood conditions. To write Ramsey County asking what their policy has been as far as cost is concerned. Also to write St. Paul Water Works asking what their policy is regarding sidewalks and maintenances and direct the City Engineer to make a very cursory review of the affected area if we were to go out a distance of one mile from Sunnyside Elementary, Pinewood Elementary, and Red Oak Elementary Schools. Councilman Pickar second the motion and the motion carried. The original motions was voted on and the motion carried. MSP Neisen- Hodges) To recess the regular meeting at 8:35 P.M. Mayor Neisen brought to our attention that Connie Mossey from B E Patrol objected to the lifetime license fee. It would be difficult to maintain a current rabies shot. 5 Ayes 5 Ayes 5 Ayes Mayor Neisen recalled the hearing on the Dog Ordinance to order. Attorney Meyers had an outline of a model dog ordinance which would be an amendment to Chapter #91 entitled Animals. He explained the basic changes; increasing license and impounding fees, a lifetime fee, keeping a dog on a leash, allowing certain dogs to run at large without a leash with a special use permit and taking a dog census. -4- A two year license was suggested by a resident. Mayor Neisen commented that this would coincide with the two year rabies shots required. License fees suggested was $6.00 for each male or spayed female dog, pro -rated at 50 cents per month or in no event less than $3.00 and $12.00 for each unspayed female dog, pro -rated at 50 cents per month but in no event less than $6.00. Councilman Baumgartner questioned doubling the fee when it will cover two years. Mayor Neisen replied it would cover the involvement of the dog problem and offset some of the expenses of the dog catcher. Councilman Baumgartner felt the redemption fees should be higher. A resident inquired if anyone knew what Maplewood's new leash law is. Connie Mossey replied $25.00 for the 1st offence, $50.00 for the second. The judge sets aside the first offense if there is a second one. The B E Patrol keeps a record of the offenses from Mounds View. Councilman Hodg:s felt people should be given a chance on the first offense the dog can get loose occasionally. It's the animals that aren't being taken care of that you want to get. Sharon McCarthy inquired what the fine was for, not having a license or not having a leash. Mayor Neisen replied for the dog running at large. Attorney Meyers stated the fine was for bailing the dog out of the pound, and you would have to pay a license fee if it hadn't been paid plus the housing fee. It's a penalty administered directly in the ordinance. Kathleen McReynolds felt that the owner is responsible although some people insist their dog is being let out by someone. She said her child will occasionally let the dog loose. Steve Thompson asked what the odds were of picking up a dog if a child has let it loose and if the same fine structure applied to an unspayed female in heat. Mayor Neisen's answer to the question was that this would be covered under Subdivision 22. It would be a misdemeanor covered by a $300.00 fire. He stated he wan't an odd's maker so he couldn't answer his other question. The redemption fee was agreed to be $10.00 first pickup, $20.00 second pickup, $35.00 third pickup. Payment of the fee to the poundmaster was questioned in Subdivision 8 by Councilman Johnson. He feared internal office control problems. Attorney Meyers suggested blocks of 10 or 20 tickets be given to the B E Patrol and the office keep track of the numbers and at the end of the year recall the tickets and money. Acting Clerk Treasurer Sandgren questioned how we would know who the dog owner is if someone should call giving us a license number to check on. She was informed to call B E Patrol. Connie Mossey explained that in some Villages they turn in a list of owners, their addresses and phone numbers at the end of each month with the monthly report. It was decided to turn in a monthly report with the funds collected. Connie Mossey informed us that the present $1.25 board fee was not sufficient to cover the expenses. It was raised to $1.50. under Subdivision 13 (1) Mayor Neisen felt that a dog on a 6 foot leash in the back yard was too short. Walking a dog, a 6 foot leash would be sufficient. Judy Rollin has her dog on a leash on a runner. She wondered how this would affect her. Mayor Neisen said the dog wouldn't have to be on a leash if it's fenced in. Steve Thompson asked if an unlicensed dog is picked up and held by the pound and hasn't had its rabies shots, how can you get the shots in order to get the license. Connie Mossey answered that the Suburban Animal Hospital is right next door so the dog can be taken there for its shots and brought back for a license. Mrs. Hill on Erickson Road wondered how all the people would find out about this since only she was at the meeting and all the dogs live on Erickson Road. Mayor Neisen replied that if it is passed it will be put in a newsletter to inform the people. Mrs. Hill inquired if the dog catcher can go on private property and pick up the dog if it is not leashed. Attorney Meyers stated the ordinance provides for it but the constitution may say no. Harold Verkant complained that if you call B E Patrol they will only pick up the dog if you have caught it. If you don't have it they won't come out. It's the tame ones they catch. Mayor Neisen gave his comments that he had good luck with the B E Patrol. Before he was on the Council he had called them in regards to a pack of dogs running loose. He gave them the addresses and B E Patrol issued warnings and the dogs have been well behaved since. Connie Mossey said they would pick up the dogs as quickly as possible if you have the dog penned up. Nobody likes to keep a dog very long. Otherwise if it's loose they'll try to get it on patrol. Mrs. Pahl, 7940 Greenfield inquired if under Subdivision 13 (4) each person working with the dog needed a special use permit. She was informed the householder was the owner and needed only one permit. Arlene Stowasser, 7846 Long Lake Road said we wouldn't be questioning any of the neighbors who would come before the Council and say the dog is well trained. These aren't the ones we have problems with. Joe Weaver, 2613 Louisa Avenue asked what constitutes a dog running at large. The reply was any dog not leashed. Dave Fiedler, 8040 Eastwood Road thinks we should forget about the special use permit and let the dogs run at large until they are proven to be in violation. Then put out a special permit that he has to be leashed. Sam Siemon, 8021 Eastwood Road doesn't feel the leash law is working in any of the suburbs. You are punishing the dog instead of the owner. Mr. Weaver asked if we couldn't correct the deficiency in the existing ordinance without going through a controversial rework. Mayor Neisen said many people won't sign a complaint on their neighbor, won't give their name and by the time the dog catcher gets there the dog is gone from the vicinity. He also stated that for the past five years, every year there has been a hearing on dog ordinance. This is no overnight judgment. We have found the ordinance that's just under command is useless. Connie Mossey stated that during the month of July, 29 dogs were picked up and only 3 claimed. Mr. Weaver asked if the B E Patrol had any statistics on the number of dogs picked -6- up verses the number of dogs claimed from a municipality with a leash law. Connie Mossey replied that Roseville has a very good average of dogs claimed. They have a leash law and a strict fine when your dog is running at large. Mr. Stowasser asked if there was anything in the ordinance on habitual barking. Attorney Meyers read the portion of the ordinance that covers this. Robert Shelquist, 8025 Fairchild questioned under the special use permit why it is worded that the dog is free to roam the whole neighborhood upon affidavit from neighbors when it doesn't do any good if the owner isn't in command. Mrs. Pahl inquired how long the special use permit would be good. It would be for the lifetime of the dog. It still would have to be licensed. Connie Bissonnette, 8312 Red Oak Drive, stated that very few people should get the special use permit. You would be able to tell by watching them Which ones are in training. Kathleen McReynolds would like the wording to be more specific in granting a special use permit. It should state only the affidavit by the owner. Steve Thompson believes part of the problem is the different interpretations people put on the meaning of a trained dog. Councilman Baumgartner doesn't approve of Subdivision 13 (4). He feels too many permits will be applied for and nobody is competent enough to say if the dog is well trained. He feels he is being penalized. He feels the police could help out to determine where the dog problems are. The same ones that let their dogs run loose now will let them run loose after 4:30 P.M. when the B E Patrol shift is over. Councilman Pickar is in disagreement with Subdivison 13 (1). He can't buy it doesn't think a dog should be on a leash. Councilman Johnson basically likes the leash law. Thinks the majority is spoiling it for the minority. He likes the dog ordinance with the exception of Subdivision 13 (4). He believes the special use permit would create problems with enforcement and determinations. He would like some alternatives to this section. Councilman Hodges stated he was against leashing until July 31st when he helped some boys deliver flyers in Mounds View. He saw people who couldn't ride their bikes because of all the dogs. His son also got bit by one of the dogs. He doesn't think other people should have to put up with this. He agrees with Councilman Johnson on Subdivision 13 (4). He feels it should be taken out or written in with voice control. Mayor Neisen agrees with the leash law. He has gone through about seven hearings in the last five years. It's the next step, people are not abiding by the present ordinance. He feels we have to take Subdivision 21, which is a census of the area, to get the licenses on the dogs and then the owner of the dog will be penalized and agrees that Subdivision 13 (4) needs to be cleaned up with some wording that would hold up in a court of law. MSP(Hodges- Johnson) That Attorney Meyers take Chapter 91 entitled Animals, writing out Subdivision 13 (4) and inserting all the fees brought forth tonight and bring it back to the next meeting for a vote by the Council. It was decided the special use permit fee would be $5.00 and a hearing by letter should be sent to the immediate neighbors. A resident asked if the special permit was per owner or per animal. Mayor Neisen replied per owner. Roll call was taken on the motion. -7- Pickar Naye Baumgartner Naye Johnson Aye Hodges Aye Neisen Aye MSP (Baumgartner Pickar) To adjourn the special hearing at 10:13 P.M. 5 Ayes Mayor Neisen called the regular meeting back to order. Mayor Neisen read the notice in regards to the public hearing to be held by the Planning and Zoning Commission of Spring Lake Park at their City Hall on Monday, August 26, 1974, at 7:30 P.M. to consider the request for a special use permit to allow live entertainment at the Northtown Bowl and Skate Center located at 1625 Highway #10. Mayor Neisen read the Resolution adopted July 13, 1974 by the Board of County Commissioners of Ramsey County by Commissioner DeCorsey. Mayor Neisen announced that Senator John Milton will be at City Hall two weeks from tonight at 7:15 P.M. for open questions and answers on upcoming laws and regulations. Mayor Neisen turned over a letter to the Clerk from Senator John Milton with an attached copy of a resolution from the Maplewood City Council endorsing amendments to the LAWCON program which would expand it and provide a higher priority for acquisition of diminishing natural resources in urban counties such as Ramsey. Copies are to be sent to the Council and Park Commission. Mayor Neisen read a request from Principal R. C. Rademacher of Pinewood School to paint the cross walks prior to school opening September 3, 1974. MSP (Neisen- Hodges) To direct the office to inform the maintenance department to paint all crosswalks close to school at this time. 5 Ayes Mayor Neisen read the Police Report for July. MSP (Neisen- Hodges) To approve the licenses: Asphalt Total Asphalt Co., H S Asphalt Co.; General Contractor Barkhoff Construction, Denesen Company, Advance Construction, Gilbert Construction, Stuart Construction, Aladdin Pools, Inc., Krey Construction, Skeets Held Inc.; Heating Air Confort, Inc., Twin City Gas Heating; Commercial Kennel Sham -O -Jet Kennel; Masonry Advance Construction Co., A. A. Construction; Plaster /Stucco Zimmerman Stucco Plaster; Transient Merchant J. L. Washburn. MSP (Neisen- Hodges) To amend the motion that we grant the license to J. L. Washburn, but send a letter to him stating that on Saturday, August 10th a resident of Mounds View had purchased potatoes that were wormy and rotten and his license would be withdrawn if we receive any more complaints. The resident had been denied a refund of his money. Mayor Neisen announced that if anyone should be contacted about a service break on Spring Lake Road, he had a picture of it and when the line was put in it was okayed and it was okay at the time the pipe was put in but it shifted through backfilling. The sewer line is the responsibility of the homeowner per the ordinance. MSP (Pickar Johnson) To approve the Bills: General Fund checks #8877 through #8960, Payroll Account checks #1107 through #1111, Payroll checks #1254 through #1294, and Transfer check 0961 transferring $14,782.42 to the Payroll Account to pay gross pay of August 15, 1974. From General $12,215.93, from Water $1,284.00, from Sewer $1,282.49. Total disbursements $50,678.79. 5 Ayes Councilman Hodges Report Councilman Hodges reported he had done some research on Federal Funds since the bids came in for the new hall. After May 10, on an operation center, the basement of a new building, you can now only get 50% of the mechanical, air conditioning, and the improvements to make it an emergency center. He wants to work with our Director to see what it would cost us for a new siren system and what it would take to revamp the present one before all funds are used. Mayor Neisen stated there were funds in the budget for a siren. MSP (Neisen Johnson) To grant permission to check out the siren system with the Civil Defense Director but no action or money to be spent until we have the assurance of Federal assistance. MSP (Hodges Pickar) To authorize the Park and Recreation Director and the Maintenance Superintendent to sign the State surplus property card for 1974. Councilman Johnson's Report Councilman Johnson reported that they have been reviewing applicants for the position of Clerk- Administrator for the past three weeks and have narrowed it down to three people. They will be holding second personal interviews and by September 1st or 15th should have a new Clerk- Administrator. Councilman Baumgartner's Report -8- Councilman Baumgartner reported there had been a Park and Recreation Meeting since the last Council Meeting but the minutes were not available as yet. Councilman Baumgartner read the Planning Commission Minutes of July 25th. MSP (Neisen- Johnson) To approve Donald Sohm's lot split, the So. 100 feet of N 320 feet of Lot 45 Auditors Subdivision #89, subject to paying the Park Fund thereby creating two lots, one 85 X 215 and one 100 X 214. 5 Ayes 5 Ayes 5 Ayes 5 Ayes -9- MSP (Neisen- Johnson) To take the Planning Commission's recommendation and deny Keith Nordstrom's lot split, the East 75' of Lot 1, Block 2, Lambert's Addition. 5 Ayes Councilman Baumgartner announced they have received six app)ications for the open position on the Planning Commission. He will make a recommendation at the Council Meeting. Councilman Pickar's Report Councilman Pickar reported a Human Rights Commission Meeting had been held this past month and the Lakeside Park Commission Meeting was postponed from August 8th to August 22nd due to President Nixon's speech. Attorney Meyers' Report Attorney Meyers stated in regards to Red Oak Estates #2, that he has examined a certified copy of the Declaration of Covenants, Conditions, and Restrictions of Red Oak Estates, Inc., also examined a certified copy of the By -Laws of Red Oak Estates, Inc., also examined a certified copy of the Articles of Incorporation of Red Oak Estates, Inc. and the proposed agreement between Red Oak Estates, Inc., and the City of Mounds View. He stated the documents were in order and met the requirements of his letter of July 15th. Attorney Meyers read an agreement between the Townhouse Association and the City covering the common area if it isn't maintained properly. MSP (Hodges Johnson) To authorize the Mayor and Clerk to sign on behalf of the City a corrected copy of the agreement between the Townhouse Association and the City that gives us the right to go in and improve the common area and assess it back to them. 5 Ayes MSP (Hodges Pickar) To file the blanket easement for sewer, water, storm sewer and drainage purposes over Lots 73, and 74, Block 1, Red Oak Estates #3 and read it into the minutes two weeks from tonight. 5 Ayes Attorrey Meyers stated he had been forwarded a summons on complaint served on the Mayor on August 5, 1974. Gordon C. Bayerkohler plaintiff and others verses Harstad and the City. He has twenty days to prepare an answer. Engineer Comstock's Report MSP (Neisen Johnson) To adopt Resolution #632 to approve plans and specifications for 1974 -1, storm sewer extension of Smith Transfer and to direct the Clerk to advertise for bids. Bid opening will be at 11:30 A.M. August 26, 1974. 5 Ayes MSP (Baumgartner Pickar) To adopt Resolution #633 approving the plans and specifications for sewer, water, storm sewer and street Improvement Project 1973 -4 and to authorize the Clerk to advertise for bids. Bids to be opened September 19, 1974 at 11 :30 A.M. In reference to Project 1973 -4, the following motion was made. 5 Ayes -10- MSP (Johnson- Hodges) To direct the Acting Clerk to prepare a memorandum to the building inspection department telling them we have a very flat area with certain elevations that will be below the level of the streets, that it is imperative that special attention be given to landscaping and the elevation of the basement floor of the dwellings going in this area to see that they are constructed to provide adequate drainage for the developed lots. 5 Ayes MSP (Neisen Hodges) To direct the Engineer to prepare the assessment rolls for Project 1973 -5, Mounds View Square Water Project and Project 1973 -6, Programmed Land Street Project. MSP (Neiser.- Hodges) To direct the Engineer to notify the contractor of Project 1973 -2 and Project 1973 -3 with the completion date of August 1, 1973, that $3,435.47 would be withheld from the final payment. 5 Ayes Engineer Comstock brought up the matter of the NSP overhead wires which are located where the new streets will be in the northern part of the City. NSP will relocate them 10 feet from the property line which would put the poles five feet behind the curb. It was the Council's feeling that this would be unsightly in the front yards. NSP will relocate anyplace the Council suggests, but it will be the matter of who will pay the expenses which would be quite costly. The Attorney noted that NSP is operating in this area without a franchise and they have no right -of- ways or required easements. It was suggested to try to persuade them to relocate the poles at the back lot lines with no expense to the City. MSP (Hodges Baumgartner) To set a special hearing on September 9, 1974 at 8:30 P.M. on Dutch Elm and Oak Wilt Tree Diseases. Letters will be sent to residents with this problem and Dr. French and the Park Director will attend the hearing. 5 Ayes Mayor Neisen brought to our attention the minutes of July 22, 1974 on Page 11 with reference to the motion concerning Red Oak Estates #3. He stated that these conditions were met and letters were written by the engineering firm and the attorneys firm and the plat was signed on July 30, 1974. A resident questioned the drainage ditch in the Red Oak Estates #2 and #3 area. Mayor Neisen stated that since we are in a law suit on this property we weren't at liberty to discuss it. She also questioned why Mr. Harstad's name had been omitted from the August 5, 1974 minutes. Mayor Neisen informed her that Mr. Harstad was not at the meeting, but it was a meeting with Architect Walijarvi. Mr. Frank Gabrish questioned when he would be assessed for the big project going in. Attorney Meyers informed him it wouldn't be until next year. MSP (Johnson Hodges) To adjourn at 11:37 P.M. 5 Ayes Respectfully Submitted, 1 Dorothy San4'gren, Acting Clerk- Treasurer 5 Ayes