Loading...
HomeMy WebLinkAboutCC 10-31-1994 ~ , ,- MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING . OCTOBER 31, 1994 7:30 P.M. - NEW BRIGHTON CITY HALL I CALL TO ORDERlROLL CALL I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. I Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks and Paul Malone. I Also present were: Acting City QerkAdministrator/City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Park and Recreation Director I Cindy Walsh; Animal Control Officer Rick. Ruzicka and Recording Secretary, Ruth McLaurin. .. ADOPT AGENDA I Acting Oerk Administrator Post added agenda 6. a) Planning Case #94-25; Zoning Ordinance Amendment. I MOTION: Malone moved and Hicks seconded a motion to adopt the agenda for the October 31, 1994 City Council meeting as revised. The motion carried I unanimously (4-0). APPROVAL OF COUNCIL MINUTES-SEPTEMBER 26, 1994 AND OCTOBER I 10. 1994 REGULAR COUNCIL MEETINGS September 26, 1994 I Page 7: Councilmember Malone indicated clarification in paragraph nine, the first I sentence to read: Malone indicated regarding the curb cut onto Old Snelling Avenue. he would like to see T.H. 96 in the manner in which it was originally proposed. I October 10, 1994 .e I I I .- ARDEN lllLLS CITY COUNCIL - OCTOBER 31. 1994 2 Page 4: Acting OerkAdministrator Post indicated under Lawrence Rust Nuisance I Abatement, the last sentence At should be replaced with Since. I Page 6: Acting Oerk Administrator Post would like to add to the second paragraph: but the pro;ect would be supported if Shoreview showed interest. I MOTION: Hicks moved and Aplikowsld seconded a motion to approve the minutes of the September 26, 1994 and October 10, 1994, regular City Council I meetings as corrected. The motion carried unanimously (4-0). CONSENT CALENDAR I A. Extension of Preliminary Development Agreement B. Resolution #94-54, Prioritization of Proposed Legislative Policies. I C. Resolution #94-55, Distribution of Benefits from additional LJVFD Revenue. D. Resolution #94-56, Designating Election Results Canvassing I- Meeting. E. Resolution #94-57, Appointing Highway 96 Task Force Members. I F. Authorization to Expend Funds for Perry Park Project Funding Materials. G. Receive and Accept Resignation of City Administrator. I H. Resolution #94-58, Appointment of Deputy Clerk. I. Resolution #94-59, Designating Corporate Authorization. J. Authorization for Salary Augmentation of Acting I Clerk/Administrator. K. ClairnsIPayroll. I MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents I contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS I Mayor Probst gave anyone who wished to speak. at this time an opportunity to come I forward. No one at this time wished to speak. UNFINISHED AND NEW BUSINESS Ie I I I .- ARDEN HILLS CITY COUNCIL. OCTOBER 31. 1994 3 PIANNING CASE #94-25; ZONING ORDINANCE AMENDMENT I Planning Coordinator Fritsinger briefly reviewed the changes that would be made to the I Zoning Ordinance. Planning Coordinator Fritsinger indicated these ordinance changes were related to the revisions proposed to Chapter 5, Animals & Pets, of Arden Hills Municipal Code. The changes would be: I 1. VI, G, 7(b) I "Up to four (4) domestic animals, excluding birds and fish are permitted in any dwelling unit, but without a residential dog kennel license not more . than two (2) may be dogs. Up to three (3) doges are allowed with a residential dog kennel license. Dog enclosures may be located only in a rear yard in all zoning districts. I 2. II, D (39) Ie Dog Kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are I more than three ill months old. 3. II, D (40) I Dog Kennel, Residential. A structure specifically designed and residentially I used for harboring of UP to three (3) that are more than three (3) months old. I 4. V, E (Land Use Chart) Dog Kennel, Commercial I MOTION: Malone moved and Hicks seconded a motion to approve revisions to the I Zoning Ordinance; Chapter 5, Animal & Pets, of Arden Hills Municipal Code. The motion passed unanimously (4-0). I CounciImember Aplikowsld indicated perhaps the ordinance was too restrictive. ADOPTION OF ORDINANCE NO. 300; REGUlATION OF DOGS. CATS, AND Ie WILD ANIMALS I I . .- ,ARDEN lllLLS CIlY COUNCIL. OCTOBER 31. 1994 4: Planning Coordinator Fritsinger briefly reviewed the Ordinance relating to the regulation I of dogs, cats, and wild animals. This ordinance is the result of discussion held this past year to address change to Chapter 5 of the Arden Hills Municipal Code. . Planning Coordinator Fritsinger indicated due to the number and type of changes proposed, the City Attorney has suggested the Chapter 5 be repealed and Chapter 5.5 I be added. This allows the City to revise the ordinance and also that it may be redesigned as well as adding new language. I Planning Coordinator Fritsinger indicated the changes proposed by staff are those which were discussed at a City Council worksession on July 21, 1994. The major changes are I as follows: Kennels l. I Article 2 now addresses both commercial and residential dog kennels. The residential dog kennel license is not required for those individuals who have Ie an actual dog kennel. A separate license is required for those individuals who have a dog kennel. The residential dog kennel license is required for individuals who desire to have 3 (three) dogs in a dwelling unit. Currently I only 2 (two) dogs are allowed per dwelling unit. 2. Definitions I Several new definitions were added to address various parts of the chapter. 3. DiseasedlVicious Dogs I The Council may recall that the MN Council of Dog Clubs had expressed concerns about our definition of a diseased dog. Subsequently, the I organization provided a lengthy rabies ordinance to address this issue. As staff reviewed this with the local Animal Control Officer, City Attorney, I and League of Minnesota Cities, all agreed that the existing sections of the ordinance were adequate to address these areas. I The Council should note that staff has separated disease dog and vicious dog in the proposed ordinance. I 4. Minor Lavout or Verbiage Changes Ie I I I 5 ,- ,ARDEN HILLS CITY COUNCIL. OCTOBER 31. 1994 There are substantial changes to the layout and language of the ordinance , as recommended by the City Attorney. These changes do not alter the intent of the ordinance. I Planning Coordinator Fritsinger noted some specific changes to the ordinance. Planning Coordinator Fritsinger indicated nnder Section 5.5-6 the changes are to remain and not I be deleted. Planning Coordinator Fritsinger indicated nnder Section 5.5-20 item C should be added, , stating: No person shall construct a commercial or residential dog kennel without first obtaining a license. I Conncilmember Hicks clarified adopting Ordinance 300, deletes Chapter 5 and replaces it with modified Chapter 5.5. Planning Coordinator Fritsinger indicated this to be true. , MOTION: Hicks moved and Malone seconded a motion to approve adoption of Ordinance #300; Regulation of Dogs, Cats and Wild Animals. I. Dr. Jerome Vanek, M.S., D.V.M., wished at this time to comment regarding the I ordinance. Dr. Vanek indicated he has been involved in designing a model ordinance regarding diseased animals. , Dr. Vanel< wanted to clarify that the only way to diagnose rabies in an animal is to kill the animal and exam the brain. So, in reference to Section 5.5.1 (h), Dr. Vanek suggested the words "rabies" and "other" be removed so the section would read Diseased I Dog shall mean any dog which has been fonnd to be infected with any disease which may create a public safety risk. I Dr. Vanel< then referred to Section 5.5-9 (a), he indicated there is no reference to what will happen after 10 days, his suggestion was to add clarification of what will happen I after 10 days. I Dr. Vanek referred to Section 5.5-9 (b), he indicated this should be specific to domestic animals, some animals can not be diagnosed in 10 days, such as ferrets, skunks and various other animals. Dr. Vanel< felt if the animal was not a dog or cat the animal I control agency should have the right to dispose of the animal immediately. Dr. Vanek referred to Section 5.5.53, he indicated vaccine expiration dates continue ,- to vaxy based on new products, he felt setting a time limit would cause undue I . . .ARDEN lllLLS CITY COUNCIL - OCTOBER 3 I. 1994 6 .- vaccination repetitions or leave a door open for noncompliance. Dr. Vanek I recommended changing the sentence to read: ". . . that the domestic animal has current rabies vaccination covering entire license period." I Dr. Vanek indicated this would be also true for Section 5.5-54. He recommended the change to read: ". . . rabies vaccination tag indicates current vaccination protection and I not to expire prior to license renewal." Dr. Vanek indicated he is more than willing to help staff review and adjust any specific I information contained in the ordinance and he thanked the Council for the opportunity to speak. I Planning Coordinator Fritsinger indicated similar review would be made at time of codification and would be referred to the State Agency in charge at the time. I Dr. Vanek indicated an agency may never be designated, and encouraged the City to use experts that are available and willing to help with the definitions and verbiage of the I. ordinance. I Mayor Probst inquired if staff took any exceptions to the suggestions Dr. Vanel< presented. I Planning Coordinator Fritsinger indicated concurrence with the suggested changes. Councilmember Malone reviewed the proposed changes and indicated perhaps in I Section 5.5-9 (b) if the word domestic be added that would clarify the type of animal. Councilmember Malone indicated the changes would allow the Animal Control Officer . more discretion in dealing with diseased animals. Councilmember Hicks indicated regarding Section 5.5-9 (a), it should be added After . 10 days veterinarian shall exam the animal and make recommendations based on results of the examination. . Councilmember HiclG inquired if Council would like him to withdraw his motion until further clarification can be made or does Council concur staff can further clarify verbiage I based on motion. Councilmember Malone indicated a willingness to move on with staff maldng further .. adjustments. . . . .- ,ARDEN lllLLS CITY COUNCIL - OCTOBER=31, 1994 7 CounciImember Aplikowski indicated rewording of paragraph regarding 10 day . quarantine is necessary, as long as this is done, she agrees to move on with approval. . Councilmember Hicks indicated current motion states with revisions, this would also cover any additional verbiage changes resulting from Dr. Vanek's discussion points. . Motion was carried unanimously (4-0). RESOLUTION #94-49: ANIMAL AND PET FEES . MOTION: Malone moved and Aplikowsld seconded motion to approve Resolution I #94-49; Animal and Pet Fees. Motion passed unanimously (4-0). METROEAST DEVELOPMENT PARTNERSlllP I Planning Coordinator Fritsinger briefly reviewed the request of MEDP that the City of Arden Hills pledge to be a member for the next two years. Planning Coordinator I- Fritsinger indicated the cost of this membership is $1,000 per year, or a total cost of $2,000. I Planning Coordinator Fritsinger indicated this cost would be for the 1995/1996 budget. I MOTION: Hicks moved and Malone seconded motion to approve the expenditure of $1,000 for membership to the MetroEast Development Partnership. I Motion passed unanimously (4-0). RAMSEY COUN1Y ADMINISTRATIVE FEES ON SPECIAL ASSESSMENTS I Acting Oerk Administrator Post indicated the 1993 legislature added Minnesota Statutes 429.061, subd. 5 which provides in part that "... a municipality shall pay to the I county auditor all administrative expenses incurred by the county under subdivision 3 for each special assessment of any local improvement certified by the municipality to the I county auditor." Acting OerkAdministrator Post indicated Ramsey County is proposing a fee of $2.50 I per assessment per parcel per year if the county maintains the assessment rolls. The estimated charge to Arden Hills for 1995 is $928 (based on the count of active .- assessments as of 8/18/94). . . . 8 .- t\RDEN mLLS CITY COUNCIL - OCTOBER 31~ 1994 MOTION: Malone moved and Hicks seconded a motion to authorized expenditure for . County Administrative Fees on Special Assessments. Motion passed unanimously (4-0). . DISCUSSION OF SEARCH PROCESS FOR VACANT CITY ADMINISTRATOR POSITION . Councilmember Malone indicated an ad has been placed in the Minneapolis Star and Tribune. Councilmember Malone suggested perhaps a rating system could be . established for applicants and then a subcommittee established to review applications. . Mayor Probst concurred with the idea of a subcommittee and suggested this item could be discussed at length at the next worl<session. . ADMINISTRATOR COMMENTS Acting Clerk Administrator Post indicated a few items: .. a. Lawrence Rust nuisance abatement has not yet been issued due to . technical problems, but will be issued as soon as possible. b. ISD 623 did not provide safety packet insert materials, so they did not go . out with the third quarter utility billings. c. lift station maintenance historical cost summary is available for Council . review at their discretion. . d. Mr. Dale Noyed has suggested a city risk management operational audit. Staff is evaluating the cost/benefits of this recommendation. . e. The Ramsey County 1995 Sheriff Contract has been revised upward by approximately $1 BOO to reflect a bargaining unit settlement with 911 radio . operators. f. The Sheehy land donation is not yet finalized and will be presented to the . Council when title documents are perfected. .. COUNCIL COMMENTS . I I ARDEN lDLLS CITY COUNCIL - OCTOBER 31. 1994 9 Ie Councilmember Hicl<s indicated he will attend the Planning Commission meeting on I Wednesday November 2, 1994. I Councilmember Hicks requested itemization of consent agenda items in the minutes. Councilmember Malone indicated the pay plan would need to be discussed at the I worksession. Mayor Probst indicated this item would need to be brought to closure by the end of I December. I Councilmember Malone asked that because of the purchase of the new trailer, will we be selling the old one. Parks and Recreation Director Walsh indicated the City is in the process of selling the old trailer. I Councilmember Aplikowski indicated she will attend the November 3, 1994 AMM Dinner. Councilmember Aplikowski indicated monthly statements of police activities Ie are interesting to her and she .would like to receive them. I Mayor Probst indicated the itemization of consent agenda items should begin with tonight's meeting minutes. I Regarding seating the new councilmember, Mayor Probst indicated he will not be available next Wednesday and asked Councilmember Aplikowsld to contact the new councilmember regarding the meeting on November 14, 1994. I Mayor Probst noted he received a letter from MN/DOT stating they will only notify the I City of activities that are within the City of Arden Hills regarding wetlands. MOTION: Maione moved and Hicl<s seconded a motion to adjourn the meeting at I :00 p.m. The motion carried unanimously (4-0). I I 's P. Probst Terrance R Post Mayor Acting Clerk Administrator Ie I I I. ARDEN HIllS CITY COUNCIL - OCTOBER 31. 1994 10 I I NOTICE OF MEETINGS The next regular Conncil meeting will be held November 14, 1994, at 7:30 p.m., at the I New Brighton City Hall. I I I I Ie I I I I I I I I- I