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HomeMy WebLinkAboutCC 03-28-1994 I I rt I I I I I I I. I I I I I I I ~ I MINUTES CITY OF ARDEN BILLS, MINNESOTA REGULAR CITY COUNCIL MEETING March 28, 1994 7:30 P.M. - New Brighton City Ball CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Probst called to order the City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, and Paul Malone. Absent: Mayor Sather. Also present were: Community Planning Coordinator, Brian Fritsinger; Animal Control Officer, Rick Ruzicka; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA MOTION: Hicks moved, seconded by Malone, to adopt the March 28, 1994 agenda as presented. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES Acting Mayor Probst noted on Page 3 of the March 17, 1994 Worksession minutes that the last paragraph, line one insert after requested "that staff research" and note his request was from 8:00 pm to 7:00 am, and add "Upon further discussion it was suggested to shorten the hours to 9:00 pm and 7:00 am". MOTION: Malone moved, seconded by Hicks, to approve the minutes of the March 14, 1994 Regular Council Meeting as prepared; and approve the minutes of the March 17, 1994 Worksession Meeting as corrected. Motion carried unanimously (4-0). CONSENT CALENDAR MOTION: Malone moved, seconded by Hicks, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve list of Rubbish Haulers. b. Approve list of Claims/Payroll. I I tI I I I I I I .. I I I I I I I ~e I Arden Hills Council 2 March 28, 1994 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS DISCUSSION OF CHANGES TO THE 1l.1\TTM2l.T. CONTROL ORDINANCE Community Planning Coordinator, Brian Fritsinger provided introductory comments regarding the proposed changes to Chapter 5 of the City Code, Animals and Pets. He noted that legal counsel had reviewed the proposed changes. Fritsinger noted that the Animal Control officer had identified various areas which needed to be addressed. These areas include adding felines to the ordinance due to an increase in complaints of stray cats. Better definitions were incorporated into the proposed changes. Since surrounding communities were experiencing problems with exotic animals, staff proposed to add exotic animals to the changes. There were extensive discussions regarding kennels. Kennels are allowed in the B-2 and B-3 district as a business, however, the proposed ordinance would include restrictions in the residential district limiting the number of dogs to a maximum of two dogs. Three or more dogs in a business district would require a kennel license. Three dogs in a residential district would require a kennel license. Probst asked for a confirmation that the underlined areas in the prepared report are the proposed changes and additions, and the rest of the ordinance would remain the same. Fritsinger stated yes. Malone asked if the changes to the dog kennels proposed are different than what was currently allowed under the zoning ordinance for commercial districts. Fritsinger stated there are two issues which relate to commercial dog kennels. One issue being an age change from six months to three months; and secondly, adding the residential districts to allow kennel licenses while limiting the number of dogs to three. I I ~ I I I I I I I. I I I I I I I ~ Arden Hills Council 3 March 28, 1994 Probst referred to a letter received in the packet from the Minnesota Council of Dog Clubs that addressed the issue of the number of dogs allowed. Nancy Johnson, President of the club, stated the organization's main concern was to allow flexibility in the number of dogs allowed. She further commented that the number of dogs allowed could be based on the size of the property. The club is currently working on a model code which would address the first tier suburbs, the second tier suburbs and inner city properties. Hicks asked for clarification that two dogs would be allowed in a residential district without having to obtain a kennel permit. Fritsinger stated that was correct. Hicks asked Ms. Johnson what the Council may learn from the model code that is not already known. Ms. Johnson stated the model code addresses issues such as nuisances, rabies, quarantine, dangerous dogs, and the number of dogs allowed in various settings. She further commended the staff on the proposed changes, however, she would like to see more flexibility with the number of dogs allowed. The number of dogs could be changed to a maximum of five or six dogs with the appropriate conditions being met in relation to lot sizes, inspections and enforcement. Malone asked whether the model code provided for provisions to square footage and if some type of formula would be used to determine the appropriate number of dogs allowed. Ms. Johnson stated they have not incorporated a formula, however, this would not be an unreasonable request. Edward Adkins, representing the Dog Owners Association, stated that most animal control situations are not related to the number of dogs at a home. The complaints usually stem from the irresponsibility of the dog owner. The issue of the number of dogs should be based on whether or not there is soundproofing, containment, waste removal, public safety, health safety and ownership attitude. I I I - I I I I I I ~ I I I I I I ~ ~ Arden Hills Council 4 March 28, 1994 Mr. Adkins further noted that current issues being proposed in the legislature could affect the model ordinance they are drafting, and that their model ordinance would have to conform to State law. Mr. Adkins referred to the proposed ordinance, Section 5.36 Diseased or Vicious Dogs and asked whether distemper would be considered a disease and the animal would have to be destroyed? He commented that he would suggest that this section of the ordinance be reworded for better interpretation. He noted that the age restriction on rabies vaccinations can be tightened by a City, however, restrictions cannot be loosened by State law. Mr. Adkins addressed the hobby breeders, fanciers or limited business interest. He commented that a large dog could have a litter of ten to twelve puppies, however a small dog may only have one or two puppies. The person with a large dog could have twenty-four puppies in a one year period. The regulations governing for profit kennels should be more stringent than those regulations for hobby breeders. Mr. Adkins noted that Senate Bill 800 would attempt to address this issue. Hicks agreed that a request for flexibility on the number of dogs was a fair request. He further agreed that the number of permitted dogs for hobby groups should be looked at more closely and allow for more flexibility. Aplikowski agreed with Hicks that the proposed ordinance was too restrictive to the number of dogs allowed for a kennel license. She further commented that the problem is the owners and their responsibilities to the animals. Malone asked whether staff had an immediate need to make a motion on the proposed changes. Animal Control officer, Rick Ruzicka stated there is an immediate need to address the feline issue as the mobile home park had been experiencing a large volume of cats running at large, and staff would like to have a means to lawfully deal with this issue. Malone commended Ms. Johnson and Mr. Adkins for their participation in the discussion of the proposed changes to the ordinance. He further ~ I I .- I I I I I I Ie I I . . . . . .e . Arden Hills Council 5 March 28, 1994 noted that he would like to work with their groups to reach a common goal to control nuisances. Malone suggested that a motion could be made which would approve the proposed ordinance revisions excluding the changes in the area of kennels which would be addressed upon receipt of the model ordinance. He further explained that while the City Council would consider alternatives, it would make no promises to agree to any proposed changes. Discussion followed and Council was in agreement that they would support the concept. MOTION: Malone moved, seconded by Aplikowski to adopt Ordinance No. 295 amending Chapter 5 of the City of Arden Hills Municipal Code relating to Animals and Pets as submitted with direction to staff to change wording in Section 5.36 relating to licensed professionals, and to exclude any proposed changes to the division of the ordinance relating to kennels. Motion carried unanimously (4-0). DISCUSSION OF t"R~GES TO TRANSIENT MERt"RlliWI' ORDINANCE Fritsinger highlighted the changes being proposed to Chapter 18, Peddler. The proposed changes would allow door to door sales as long as the individual or organization had registered with the City. The proposed ordinance would be expanded to include peddler, solicitor and transient merchant. There would be a provision to exempt sellers of farm and garden products, non-profit organizations, community events and school/sport related organizations from paying a permit fee. A registration requirement would be added except for those exempted areas identified in Section 18.07. The proposed changes would include the ability of the City Council to establish by resolution an appropriate fee for conducting background checks. The hours permitted would be from 9:00 am to 7:00 pm, seven days per week. Probst asked whether the proposed changes would replace the existing Chapter 18 in it's entirety. Fritsinger stated yes. I I ~ I I I I I I ~ I I I I I I I I~ I Arden Hills Council 6 March 28, 1994 MOTXON: Hicks moved, seconded by Malone to adopt Ordinance No. 296 amending Chapter 18 of the City of Arden Hills Municipal Code relating to the Regulation of Peddlers. Motion carried unanimously (4-0). DXSCUSSXON OF POSSXBLE POLLXNG LOCATXON FOR PRECXNCT 4 Administrator Person commented that staff had researched possible location changes for Precinct 4. The North Heights Lutheran Church would allow for a polling location in their upper hallway area which is handicapped accessible. There would be a charge of one hundred dollars for the staffing needs and set up. The second option was the use of the Army Reserve Center classroom area. This location is handicapped accessible and there would be no charge for the use of this location. Malone asked whether the retrocession with the Army Reserve had been finalized. Person stated that she was notified by Robert Wells, Fort McCoy that they would not be able to enter into a written agreement, however, a utility type billing would be appropriate. Mr. Wells had forwarded our request to Washington for a confirmation. Malone commented that the more the City uses this facility, the less negotiating power the City possesses. The City becomes indebted to them. Hicks shared the concerns of Malone, however, noted that the City was already using the facility and one more request would not put the City in jeopardy. He further commented that voting at this facility would be appropriate. Aplikowski and Probst agreed with Hicks. MOTXON Hicks moved, seconded by Aplikowski to identify the Army Reserve Center as a polling location for Precinct 4 for the September and November 1994 elections. Motion carried unanimously (4-0). I I .. I I I I I I '- I I I I I I I I' I Arden Hills Council 7 March 28, 1994 Person noted that anyone who would be interested in serving as an election judge should contact City Hall. ADMINISTRATOR COMMENTS. Person reflected on the past two Community meetings held at TCAAP. She noted that the notes taken and comments received are being incorporated, and after the April 21, 1994 meeting they will be developed into a complete format. The meetings were videotaped and the tapes will be incorporated into one videotape that could be shown on Cable TV. Person noted that during the Strategic Planning sessions, an appropriate discussion topic would be the economic development and redevelopment of Arden Hills. COUNCIL COMMENTS. Hicks commented his approval on the City receiving a refund on the Comp Worth study. Aplikowski referred to her memo in the packet requesting that the Council set aside time to discuss the items she addressed in her memo. It was agreed that since the Mayor was not present, a date would be set at the April 11, 1994 Council meeting. Malone referred to the Administrator's memo and commented that to the best of his knowledge, the tree bids are approved by Council. Malone asked whether there had been a final determination to include Arden Hills in the reconstruction project of County Rd F. Public Works Superintendent, Dan Winkel noted that the Plans and Specifications are complete, the project was approved by the Shoreview City Council and the project would be starting shortly. Arden Hills had not been contacted to date, however, the original plans included crossing over Lexington into Arden Hills to allow for reconstruction of the intersection. Winkel stated he would contact the City Engineer for an update. Probst indicated further review was needed if additional turn lanes and reimbursement are anticipated. I I ,- I I I I I I -. I I I I I I I I' I Arden Hills Council 8 March 28, 1994 Probst provided an update of the request for a sewer connection from TeMP through Mounds View. He stated that the MWCC and staff were interested in enlarging the pipe as part of a long term development of the TeMP property. Upon the City's request for an alternate bid for a 24 inch pipe rather than the 18 inch pipe, it was agreed to include the alternate pipe size in the bid specifications. If the decision was made to accept the alternate pipe size, the MWCC could ask the City to finance the pipe on a short term basis, and the City would be reimbursed at a later date. Probst noted that the pioneer Press did not run the article in their Saturday's edition as noted in the Administrator's comments. He stated he spoke with Cynthia Boyd and her article will feature a story about the children of former residents returning to the Community to live. It will be in next Saturday's edition. Probst commented that he had received very positive comments about the way Arden Hills is taking an active approach to the future of the TeMP property. People have been very appreciative to be given an opportunity to discuss publically their interests in the development of this property. Hicks commented that Jim Brimeyer did an excellent job in facilitating the last meeting. Aplikowski noted she was surprised at the lack of support for ballfields. ADJOURN: MOTION: Hicks moved, seconded meeting at 8:44 p.m. unanimously (4-0). by Probst, to adjourn the Motion carried Dennis R. Probst, Acting Mayor Dorothy A. Person, City Administrator