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HomeMy WebLinkAboutMinutes - 1993/11/22• PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 22, 1993 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on Monday, November 22, 1993. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Councilmembers Trude, Wuori, Blanchard and Quick. MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator; Mary Saarion, Director of Parks, Recreation and Forestry; Paul Harrington, City Planner APPROVAL OF MINUTES MOTION/SECOND: Trude/Blanchard to approve minutes of November 8, 1993 as presented. VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: .Quick/Trude to approve minutes of Special Council Meeting, November 1, 1993, as presented. VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: There was no special order of business. • Mounds View City Council Page Two Regular Meeting November 22, 1993 CONSENT AGENDA Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council desired removed from the Consent Agenda. There were no items removed from the Consent Agenda. MOTION/SECOND: Blanchard/Wuori to Adopt the Consent Agenda as presented. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR a. Bill Wilson, 2396 Pinewood Circle, stated that he had received a letter informing the residents that Edgewood Drive would be closed on Tuesday, November 23, 1993, from 9:00 a.m. to 5:00 p.m. Mr. Wilson stated that the closing of Edgewood Drive would completely close off Pinewood Circle and this would cause a lot of problems. • Paul Harrington, City Planner, stated that he would speak with the Public Works Supervisor and see what action could be taken regarding this situation. PUBLIC HEARINGS a. 7:05 p.m. - Consideration of Conditional Use Permit Request (Residential Dog Kennel), Victoria Bowers, Planning Case No. 369-93 Mayor Linke called the public hearing to order at 7:05 p.m. Paul Harrington, City Planner, reviewed Staff Report No. 93-686C regarding a request from Victoria Bowers fora Conditional Use Permit for a residential dog kennel on her property located at 8351 Groveland Road. Harrington explained that the Mounds View Planning Commission had conducted a review of the request and recommended Council Approval with conditions. Harrington stated that the Planning Commission's review included a Police check of the property for animal related calls. No documented animal-related calls were found regarding this property. During this check of the property, the Police Chief had indicated that when the Police responded to other calls regarding this property, the animal concerns were brought up but not documented. Mr. Harrington stated that he had received a letter that he read into the minutes. The letter's contents were as follows: • . Mounds View City Council Regular Meeting Page Three November 22, 1993 "City Council City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Mounds .View City Council, RE: Public Hearing Regarding Request on Victoria Bowers for Residential Kennel License Unfortunately, I am unable to attend the public hearing on Monday, November 22nd, but I do want to express an opinion on this matter. My property, at 8360 Fairchild, is one lot removed from adjoining the rear lot line of the Bower property. In the past, my contacts with the Bowers have been fairly minimal and my only complaint would be occasional loud noise from music or barking dogs emanating from her yard. I am opposed to the granting of the kennel license, however, for several reasons: 1. The Bower house and the yard in which she keeps the dogs, is at • the very rear of her property. The space is very limited and could not accommodate more animals without creating a lot of disturbance for the neighborhood. 2. It appears from my yard, that there are currently some needs for repairs to the house and property. Having additional animals on the property would probably aggravate the situation. 3. My neighbors to the immediate south, the Zarhadkas, have had several confrontations with Vicky, over the years, often relating to the dogs. I would like to support them and their concerns with regard to the licensing matter. Thank you for your consideration. I will be back in town by November 24 if you have additional questions. (Signed Susan Fisher) Susan Fisher 8360 Fairchild Avenue Mounds View, MN 55112" (A copy of the letter is also attached to these minutes.) Harrington stated that he had received a call in opposition to the • kennel from a person who would rather remain anonymous. Mounds View City Council Page Four Regular Meeting November 22, 1993 Councilmember Wuori asked if there was a fenced kennel area on the property. Harrington explained that the entire property is considered the kennel and that there is board on board fence on the rear property line and chain link on the side property lines. Mayor Linke asked if Ms. Bowers had anything that she would like to say. Ms. Bowers stated that she loved her dogs and takes good care of the dogs. Richard Zarhadkas, 8354 Fairchild, stated that he is in opposition of a kennel being allowed at this address. Mr. Zarhadkas stated that the dogs constantly bark and there is a 14 foot mound of dirt in the backyard of the property that the dogs run on. Ms. Bower has used a muzzle on her dogs in the past and Mr. Zarhadkas stated that he has heard screaming and yelling at the dogs at night. Mr. Zarhadkas stated that he has filed complaints on numerous occasions regarding the barking of the dogs. Zarhadkas stated that the dogs dig under the fence and he has had to put the dirt back. Zarhadkas noted that on occasion Ms. Bower has chained only one of the dogs in the back yard. Zarhadkas stated that these are three different breed of dogs. • June Zarhadkas, 8354 Fairchild, stated there is crime and abuse taking place on the Bower property including abuse against the neighbors. Ms. Zarhadkas stated that she has a restraining order against Ms. Bowers for harassment. Ms. Zarhadkas stated that she is in opposition of the City allowing Ms. Bower to have a residential dog kennel on the property. Ms. Zarhadkas stated that she has called the Humane Society with regards to the dogs and would request that the City have the Humane Society do an inspection. Ms. Zarhadkas presented pictures of the animals to the City Council. Vicky Bowers also presented pictures of the animals to the City Council. Dennis and Cindy Lesher, 8346 Fairchild, stated that they would encourage the City not to allow a kennel on the property until the property merits a dog kennel. There is a large mound of dirt in the back yard that the dogs stand on like goats. There is a huge hole in the middle of the backyard. The dogs do dig under the fence and are a constant source of barking. Mr. Lesher stated that he does notice that when he lets his dog out for a few minutes, it seems to bother Ms. Bowers' dogs and they bark. Ms. Lesher stated it is impossible in the summer to entertain persons in the backyard because of the constant barking. Kathleen Ostendorf, 8365 Groveland Road, are in opposition to the • kennel. Ms. Ostendorf presented the following reasons for her opposition to Ms. Bawer obtaining a residential dog kennel. • Mounds View City Council Regular Meeting Page Five November 22, 1993 1) The financial costs of owning five dogs is tough to do. 2) The food is Iow grade generic that Ms. Bowers feeds her dogs. 3) There is no reason for Ms. Bowers to have a kennel, in Ms. Ostendorf's opinion. Ms. Ostendorf does not observe Ms. Bower playing with or walking the dogs. 4) Ms. Bower has told Ms. Ostendorf that she has a disability -- she has a bad back. Ms. Ostendorf stated that Vicky stated that the neighbors complain about the dog's barking. Ms. Ostendorf stated that for physical and financial reasons there is no need for that many dogs. Ms. Ostendorf stated that Ms. Bowers' home is tiny and there is not enough room for four dogs and. two cats. John Olson, 8385 Groveland Court, which is in the outside perimeter of -those persons who were mailed notices. Mr. Olson stated that in the summer when there is a south wind he is bothered by the barking of the dogs. Mr. Olson is in opposition of the granting of a kennel license. Ms. Bowers stated that she was warned by previous neighbors when she moved into the neighborhood that she would not be welcome there. Bowers stated that she has been there 14 years. Her dogs make her feel safe because no one will go in her backyard when they-are out. Ms. Bowers stated that hardly anyone would sign the petition. Ms. Bowers also stated that her house is built on lower land than the others and all her neighbors can see in her home and watch when she leaves and returns home. Councilmember Blanchard asked how long she has had the dogs. Ms. Bowers stated that one dog is approximately 2, one is 1 and the other is approximately ten months old. These dogs belong to her daughter, who is presently not living at home and Ms. Bowers stated it would break the girl's heart if she were to get rid of the dogs. Mayor Linke closed the public hearing at 7:33 p.m. MOTION SECOND: Blanchard/Wuori to Table the Request for Conditional Use Permit for Victoria Bowers, to the December 13, 1993 Meeting, for Residential Dog Kennel to be Able to Conduct Further Investigation VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: A. Consideration of Resolution No. 4451 Approving the Commitment by the. City of Mounds View to Proceed with the Construction and Operation of a Municipal Nine Hole Golf Course and Practice Range • Mounds View City Council Page Six Regular Meeting November 22, 1993 Samantha Orduno, City Administrator, and Jerry Linke, Mayor respectively shared in the reading of Resolution No. 4451 Approving the Commitment by the City of Mounds View to Proceed with the Construction and Operation of a Municipal Nine Hole Golf Course and Practice Range. MOTION/SECOND: Linke/Wuori to Adopt Resolution No. 4451 Approving the Commitment by the City of Mounds View to Proceed with the Construction and Operation of a Municipal Nine Hole Golf Course and Practice Range VOTE: 5 ayes 0 nays Motion Carried Orduno commented that the process was a very slow process because of extended research on the project. Each item was dealt with thoroughly. The golf course-was a very thought out process which had first begun in July of 1991.. B. Consideration of Resolution No. 4452 Providing for the Issuance and Sale of the City's $3,090,000 Gross Revenue Golf Course Bonds, Series 1994A Staff asked that the Council postpone action on this resolution to December 13, 1993. C. Consideration of Resolution No. 4453 Authorizing an Inter-Fund Loan Samantha Orduno, City Administrator, explained that an enterprise fund for $250,000 would be needed to cover the first year of operation of the golf course. Resolution No. 4453 authorizes an interfund loan in the amount of $250,000 from the Water Fund to the Golf Course Fund. The resolution further explains that the loan would be repaid over a period not to exceed twenty years and will be repaid with an interest rate of 6 1/2 percent per annum. The principal and interest payments of the loan would be payable each November 15 over the term of the loan. MOTIONISECOND: Wuori/Quick to Adopt Resolution No. 4453 Authorizing an Interfund Loan with an Amendment to Item 3) Changing the Interest Rate from 7~ to 6 1/2~ VOTE: 5 ayes 0 nays Motion Carried D. Consideration of the Bid Award for the Architectural Services for the Golf Course Pro Shop and Maintenance Building Mary Saarion, Director of Parks, Recreation and Forestry, reported that the Golf Course Task Force interviewed six firms and requested RFP's from three plus three other firms for architectural services. The Task Force recommended the firm of Runyan and Vogel Group, Inc. Mounds View City Council Page Seven Regular Meeting November 22, 1993 at a cost of $20,844, however, this bid is $800 over the estimated amount for golf course building architectural services, .but it is anticipated that costs will be saved in the simultaneous construction of the two buildings. MOTION/SECOND: Blanchard/Trude to Approve the Bid Award for the Architectural Services of the Golf Course Pro Shop and Maintenance Building to Runyan and Vogel Group, Inc. for the Cost of $20,844 to be Funded through the Golf Course Bond Financing Package and Authorize the Mayor and City Administrator to Execute the Contract • VOTE: 5 ayes 0 nays Motion Carried E. Consideration of Adoption of Ordinance No. 531 Amending Chapter 70, "Municipal Water System" Paul Harrington, City Planner, reported that Ordinance No. 531 was introduced to the Council for consideration on November 8, 1993. Harrington explained that adoption of this ordinance would amend Chapter 70 of the Municipal Code to only require testing of on-site wells one time per year. This testing only affects six residential homes in the City. Ramsey County Department of Health and the Minnesota Department of Public Health were satisfied with testing of the wells on a once per year basis. MOTION/SECOND: Quick/Trude to Adopt Ordinance No. 531 Amending Chapter 70, "Municipal Water System" ROLL CALL VOTE• Mayor Linke - Councilmember Councilmember Councilmember Councilmember aye Wuori - aye Trude - aye. Quick - aye Blanchard - aye 5 ayes 0 nays Motion Carried F. Consideration of Resolution No. 4454 Approving/Denying Final Plat for North Star Industrial Park, 2nd Addition, Planning Case No. 370- 93 Paul Harrington, City Planner, explained that at the November 8, 1993, Council Meeting, Resolution No. 4442 Approving the Preliminary Plat of North Star Industrial Park, 2nd Addition was adopted by the Council. Harrington further reported that Chapter 42 of the Mounds View Municipal Code requires that all plats be approved at both the preliminary and final plat stages. MOTIONJSECOND: Trude/Quick to Adopt Resolution No. 4454 Approving Final Plat for North Star Industrial Park, 2nd Addition Mounds View City Council Page Eight Regular Meeting November 22, 1993 VOTE: 5 ayes 0 nays Motion Carried REPORTS• 1. Report of Councilmembers: a. Councilmember Blanchard - No report. b. Councilmember Quick - No report. c. Councilmember Wuori - No report. d. Councilmember Trude - No report. 2. Report of Mayor Linke: a. Mayor Linke announced that their are vacancies on the Rice Creek. Watershed District Board. The term begins 1/17/94 and is a three year term. Contact Bobbie Schleipper if interested at 266-8001 or the District offices at 483-0634. b. Mayor Linke publicly thanked the Silver Lake Woods Homeowners • Association for inviting him to give a brief talk and answer questions for members of the Association. Mayor Linke stated that he enjoyed himself and would be willing to speak or answer questions for other groups. 3. Report of Administrator: No report. 4. Report of Staff: No report. 5. .Report of Attorney: No report, not in attendance at this meeting. Mayor Linke announced the upcoming Council Meeting Dates. ADJOURNMENT There being no further business before this Council, Mayor Linke adjourned the meeting at 7:55 p.m. Respectfully submitted, Michell Severson Recording Secretary •