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1977-05-1089 IviltdUTES OF THE COUNCIL riEETING OF riAY 10~ 1977 at 8:00 P.M. AT TiiE CITY COUNCIL CHAMBERS Present were: Mayor Tim Lovaasen, Councilmembers Orval Fensta.'., Robert Polston, Cordon Swenson and Benjamin Withhart; Attorney Curtis Pearson-and City Manager Leonard L. Kopp. MINUTES The minutes of the meeting of May 3, 197: were presented for consideration. Withhart moved and Swenson seconded a motion to accept the minutes of the meeting of May 3, 1977 as presented. The vote was unanimously in favor, so carried. PUBLIC HEARING - SPECIAL USE PERMIT - POTTERY MANUFACTURE AND SALES The City Manager briefly outlined the request and stated that it was within the acceptable uses according to the City Code. No persons were present to express opposition to the Special Use Permit. Swenson moved and Fenstad seconded a motion RESOLUTION 77-205 RESOLUTION TO GRANT A SPECIAL USE PERMIT _EOR POTTERY MANUFACTURING AND SALES - PART OF LOTS 6, 14 to 18, INCLUSIVE AND ALL OF LOTS 7 to 11~ INCLUSIVE, BLOCK 1 SHIRLEY HILLS UNIT ~'A" The vote was unanimously in favor. TRAIL CCMMISSION REPORT Mr. Hal Larson of the Joint Trails Commission introduced i4r. William Short, landscape architect who presented a run down of a trail-system as completed in Plymouth. Withhart moved and Swenson seconded a motion to direct the City Manager to negotiate with the other named cities considering a Joint Trails System re- garding their participation in the proposed program. Upon consensus with those communities the Council will then authorize expediture of the funds necessary to proceed with the planning stage of the trails system. The vote was unanimously in favor. PLANNING COMMISSION MINUTES Subdivision of Land - Lots 3, 4 and 5. Block 14. Shadywood Point Anita A. O'Sullivan, wife of the petitioner was present. Swenson moved and Polston seconded a motion RESOLUTION 77-206 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION STIPULATING THAT IF AT ANY TIME IN THE FUTURE WILDHURST LANE IS IMPROVED THE GARAG~ ENCROACHING ON THE RIGHT OF WAY BE P.EMOVED AT THE OWNERS EXPENSE. THE MAYOR AMENDED THE RESOLUTION TO STIPULATE THAT THE GARAGE BE REMOVED AT THIS TIME. The vote was four in favors Swenson voting against the motions so carried. Subdivision of Land - Lots 18, 19 and 20, Block 11, The Highlands Herbert Solstad was present. Withhart moved and Swenson seconded a:motion RESOLUTION 77- 207 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION-WITH THE STIPULATIONS THE PLANNING COMMISSION RECOMMENDED. AS RE- CARDS THE SET BACK FROM HAWTHORNE ROAD. The vote was unanimously in favor. 90 Variance I;ndersized Lot and Side Yard - Lot 9, Block 1. Shadywood Point Fenstad moved and Swenson seconded a motion RESOLUTION 77-208 PESOLUTION TO CONCUR 6~dITH THE PLANNING COMMISSION RECOMMENDATION APPROVING A VARIANCE FOR Aiv UNDERSIZED LOT AND SIDE YARD SETBACK The vote was four in favors one abstained (Withhart), so carried. Variance - Street Front - Lots 19 and 20~,Block 17. Devon The proponent was not present but was represented by the Building Inspector. Fenstad moved and Polston seconded a motion RESOLUTION 77-209 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMI~NDATION APPROVING A SETBACK OF 20 FEET FOR THE GARAGE FP.OM THE STREET AND REQUIRE A SURVEY. The vote was unanimously in favor. Variance - Street Front - Lot 1-4 and 7. Block 3, .Arden The proponent was not present. Swenson moved and Fenstad seconded a motion RESOLUTION 77-210 RESOLUTION T4 CONCUR WITH THE PLANNING C02~1ISSION RECOMMENDATION APPROVING A VARIANCE TO THE FRONT SETBACK. The vote was unanimously in favor. Variance - Side Yard - Lot 6 and Part of ], Block 3,.Shadywood Point The proponet was present to submit his request for a variance. Polston moved and Fenstad seconded a motion RESOLUTION 77-211 RESOLUTION TO CONCUR WITH THE PLANNING C0:~IISSION RECOMMENDATION APPPOVING A SIDE YARD VARIANCE. The vote was four in favors Withhart voted nays so carried. side Yard Variance - Lot 7 and Part of_ Lot_8~_Bartlett Place The proponent was not present but was represented by the Building Inspector. Swenson moved and Fenstad seconded a motion RESOLUTION 77-212 RESOLUTION APPROVING THE REQUESTED VARIANCE WITH THE STIPULATION OF A 6 FOOT SIDE~YARD SETBACK AND CLEARANCE O& THE COUNTY RIGHT- OF-WAY AS REFLECTED ON THE SURVEY. The vote vas unanimously in favor. PARKING NORTHERN LANE - C.M. 77-133 The Council briefly discussed the history of problems of parking on Northern Lane. Lovaasen moved and Fenstad seconded a motion to ordain the following amendment as Ordinance 362 9I ORDNANCE N0. 362 AN OFi~Ilv~utiCE MENDING SECTION 46.27 (b) SUBSECTION 37 OF THE CITY CODE, PROHIBITI2dG P~it~1C- IPIG ON BOTH SIDES OF NORTHERN L~u'VE FF:O~S EDGE4iATER DRIVE TO TiIE SETON CHr`1i1NEL The City of :found does ordain: Section 46.29 (b) Subsection 37 of the City Code is amended to read as follows: 37. Both sides of Northern Lane from Edgewater Drive to the Seton Channel. The vote teas unanimously in favor. Pump House Controls The Council again reviewed the specifications on the two bids received for pump house control. Mr. George Boyers consulting engineer elaborated on his recommendation for the higher bid controls. Polston moved and Fenstad seconded a motion RESOLUTION 77-213 RF.SOLIJTIOt1 P.ATIFYING RESOLUTION 77-146 and 77-147 AUTHORIZING INSTALLATION OF AUTOCON CONTROLS IN WELL HOUSE: NO. 6 AND WELL HOUSE N0. 7.BY THE LOW BIDDER STEVENS '?ELL. COMPANY AS RECOMMENDED BY THE ENGINEER REFLECTING THE. POSSIBILITY OF PROBLEMS INTERFACING TWO DIFFERENT CONTROL SYSTEMS. The vote was three in favor wit~i Swenson and Withhart voting nays so carried. TONKr1WCOD ROAD AREA -PRELIMINARY REPOP,T The Council determined to table this item to the meeting of May 23, 1977. ISLAND PARK PARY. STORM SEWER Lovaasen moved and Fenstad seconded a motion RESOLUTION 77-214 RESOLUTION APPP.CVING PLANS AND SPECIFICATIONS 6u'JD ORDEP.ING BIDS ON ISLAND pr;RK PARK STCP.M SEWER - Bids taken on May 31, 1977 at 10:00 a.m. and to the Council on May 31, 1977 at 8:00 p.m. The vote was unanimously in favor. COUNTY ROAD y'#44 - WATERMAIN PROJECT Swenson moved and Lovaasen seconded a motion RESOLUTION 77-215 RESOLUTION AriENDING RESOLUTION 77-183 APPROVING ADVERTISING FOR BIDS FOR WATERMAIN PP.OJECT ON COUNTY ROAD ,r44 - Bids taken on May 31, 1977 at 10:00 a.m. and to the Council on May 31, 1977 at 8:00 p.m. The vote was unanimously in favor. COrR~ENTS AND SUGGESTIONS BY CITIZENS PRESENT Mrs. Jeannette Gellman requested the Council use the microphones. She also inquired about the installation of driveway aprons and if they were installed routinely or only in specific instances. Mr. Mike Zenic~ 4815 Pionmouth Road requested that Bradford Road be oiled to re- duce the dust problem. The Council determined to discuss this problem at their meeting of May 23, 1977 and request the staff to provide cost estimates for various road improvements as in this request. i g2 tlr. Neil Cook, 5804 Sunset Road expressed concern regarding the construction of a prefabricated house on the lot adjoining his property. The Building Inspector assured him that the construction was in conformance with State standards. COUNCIL I~IEMORANDUI~f 77-98 dir. Oscain Pflug was present to request to operate a travel agency office in the building he owns on Shoreline Drive. Swenson moved and Fenstad seconded a motion appzoving the use of the building for a travel agency office stating that it is consistent with the approved uses discussed previously. i~ir. Pflug also inquired about the possiblity of another section of the building being used for a gift shop. The Council determined to table discussion of this item until a Council Memorandum is submitted by the City Pianager. DOG ORDINr1IVCE The City Attorney submitted a proposed draft of an amendment to the present dog ordinance. The Council discussed Section 39.70 regarding possible changes. WithhaYt moved and Swenson seconded a motion to accept Section .39.70 as written. The vote was four in favor and Fenstad voted nay' so carried. Swenson moved and Polston seconded a motion to ordain the following amendment as Ordinance 363 ORDINANCE N0. 363 AN ORDINANCE AMENDING CHAPTER 39, SECTIONS 39.00, 39.5, 39.45, 39.50, 39.60, 39.70, 39.80, 39.85, 39.90, 39.95 anZ 39.100, CHANGING THE TITLE OF T2IE CHAPTER AND PROVIDING REGULATZCNS FOR DOGS, CATS AND OTHER ANIMALS The City of hound does ordain: Chapter 39 ~f the City Code is amended. to read as follows: Chapter 39 Licensing and Regulation of Dogs, Cats and Other Animals Section 39.00 Subdivisions 2, 3 and ~, are amended to read as follows: Subdivision 2. ttOcaner+~ means any person, group or corporation owning, keeping, harboring or having custody of a dog, cat or other animal. Subdivision 3. A dog, cat or other animal is "at large~~ when he is off the property of his owner and not under restraint. Subdivision 4. A dog, cat or other animal is "under restraint~~ if he is controlled by a leash not exceeding six feet in length, or at heel beside a competent person having custody of him and obedient to that personts commands, or within a vehicle being driven or parked on a public street or within the property limits of his owner-s premises. An unattended dog, cat or other animal on the property of another, without the consent of such property owner, is "at large' and not under restraint, .even though he is on a leash. Section. 39.05 is amended to read as follows: Section 39.05. Dogs, License and Fee. No person shall own, keep, or harbor within the limits of this municipality any dog which is in excess of three months of age without first obtaining for each such dog an annual dog license and without first paying therefor an annual license fee as follows: a. For each neutered male or spayed female dog X3.00 b. For each unneutered male or non-spayed female dog $6.00, 93 provided, no such license need be obtained by any non-resident of the City for any dog which is not allowed to remain in the City for more than twenty- four hours. Section 39.45 is amended to read as follows: Section 39.45. LeashinU~ Confining and Restraint. No person owning keeping or. harboring any dog, cat or other animal shall allow the same to run at large within the City. It is hereby made a duty of every owner or possessor of any dog, cat or other animal to keep the same on his premises, and is hereby required to keep such animals under restraint. No person owning, keeping or harboring any do" or other animal shall allow the dog or other animal to chase or molest persons using a public thoroughfare or other public property. ~1ny dog, cat or other animal found running at large or not under restraint shall be taken by the dog catcher, a police officer or poundmaster and impounded in a place provided fox such purposes to be detained therein. Section 39.50 is amended to read as follows: Section 39.50. Confinement. The owner shall confine within a building or secure enclosure any fiercer dangerous or vicious dog or other animal. except when muzzled and in the control of a competent person. Every female dog in heat shall be confined in a building, secure enclosure, veterinary hospital or boarding kennel, or shall be controlled on a leash while being exercised pro~Yided it does not create a public nuisance. Section 39.60 is amended to read as follows: Section 39.60. Impounding. It shall be the duty of a dog catcher, a police officer or poundmaster to apprehend any animal found running at large and to impound such animal in the pound or other suitable place. The officer upon receiving any animal shall make a complete registry, entering the breeds color -and sex of such dog and whether licensed. If licensed he shall enter the name and address of the owner and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs. Section 39.70 is amended to read as follows: Section 39.70.. Quarantine. Any animal that has bitten a person shall immediately be impounded by the pound keeper for at least ten days and kept apart from other animals, under the supervision of a veterinarian, until it is determined whether such dog had or has a disease which might have been transmitted by such bite. Upon the expiration of such ten days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released to the owner. Section 39.80 is amended to read as follows: Section 39.80.. Dangerous Animals. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort, or cannot be impounded without serious risk to the persons attempting it~such animal may be immediately killed by or under the direction of the dog catcher, or a police officer. Section 39.85 is amended to read as follows: Section 39.85. Treatment During Impounding. Any animal which is im- pounded in the pound shall be kept with kind treatment and comfort. If the animal is not known or suspected of being diseased and has not bitter, a per- son, it shall be kept in the pound for at lease five (5) regular business days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a disease which might be trans- mitted to persons. it shall be kept in the pound for at least ten. day s. Section 39.90, Subsections (a), (b), (c), (d), and (e) are amended as follows: Section 39.90. Redemption. Any dog or other animal may be redeemed from the pound by the owner upon paying the following fees and charges: (a) The .license fee for the dog if the license has not previously been obtained. Dogs only. (b) The late-license penalty for the dog in the amount set by the Council, where a license has not been obtained within the required time. Dogs only. 9411 (c) The boardinh fee in the amount set by the Council from time to time to be paid to the pound keeper for his services. t~11 ani:aals. (c') An impounding; fee of $15.00 if the dog is currently licensed and if it is the first time the dog has been impounded within the last t4J0 years. The impounding fee shall be X40.00 if the dog is not currently licensed. (e) If it is the second or tr:ird time within a one year period tl:e impounding fee shall be $50.00. X15.00 shall be added for each additional time ~. dog is impounded caithin a year. The impounding fee shall continue to compound until the animal is free from impounding for a twelve month period. Section 39.95 is amended to read as follows: Section 39.95. Disposal of.Unredeemed Animals. The pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If, at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be sold to any person or disposed of by the pound keeper in a humane manner. Tf the animal is to be kept in this municipality, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 39.100 is amended to read as follows: Section 39.100. Surrender of Unclaimed Dogs or Other Animals. Whenever any hospital or reputable institution of learning shall apply to the Clerk for permission to use for research purposes in the study or prevention of disease or the betterment of mankind, any impounded dog or dogs or other animals remaining unclaimed, the Council shall request the pound keeper to surrender to the institution or hospital such unclaimed animals as it has requested, and they shall be so surrendered. The vote was four in favor with Fenstad voting nay because he disagreed caith Section 39.70 provisions. COVER THE CLOCK Fenstad moved and Swenson seconded a motion to waive the requirements of Resolution 77-16 and ignore the time. SUBUP.BAN PUBLIC iiEALTH NURSIP,G SEIVICE 4lithhart moved and Lovaasen seconded a motion F.ESOLUTION 77-217 RESOLUTION AUTIiCRIZING THE MAYOR AIVD CITY 1<IAPyAGEP. TO ENTEP. INTO AP: AGREEP4ENT WITH THE SUBUP,BAN HEPdNEPIPI COUNTY NURSING SEF.VICE. The vote ~•ras unanimously in favor. ACTIi1G CITY t'lANAGEI'. Swenson moved and Fenstad seconded a motion RESOLUTION 77-218 RESOLUTION APPOINTIPdG THE CITY CLERK TO BE ACTIPdG CIT'E' i•L1idAGEP. IN THE ABSENCE OF THE CITY MANAGER. The vote was unanimously in favor. TF.r1i~ISFEF. OP FUNDS S~oenson moved and Fenstad seconded a motion RESOLUTI0~1 77-219 RESOLUTION AUTiIOP.IZING THE TP.AIISFEP. OF CEF,TAIP1 CITY FUNDS The vote was unanirously ir, favor. Jw14, 4. r C3 i)TLLS c. llst O bills tOC=11.n~; :~~~~~rb~,lEJ „~. ,, i);.'~~'E'ili:E_i..~ OL' COC1S1t1CL3i.lOTr, i'EiRStF2E~ i:IOVCC~ :ee1L' ~SiGn,>OIl SCCOnf~C'_E~ e^^_ Ot10'1 ~U {)%t j' I'.flE'Sf' t1111S ?,'a°Ir fL!T!:iS 8YC <.vaila blc. T11c votE: ?aa;: four i.n f~~vcr ?.~zt'.I ;:] t(I!!urt. ccSJSt~:li?:LTl~;• CCu_;CIL {~.;(~~'.;•iJ;:~I 77-99 - VaCuCioll o~ :,~ •l _ _ ~ .. Ea e~: ent ~i`•JCn5UTl Ia0'Jt?.:~ uTti~ 1'CnStuEl cO:.Ut1~~C'.C't G ;`lUC.l.On ~:so~.{.rTZC~; 77-2~o I:I:soL{,TIO~~~ ~~ cvz~I;c rep e.LLl~ac c~ ~LI:LIc 1{E_1F.Ii:C OPi V_CalICi; C~' ~: E.,SEif._yT FCR JUivE 14, 1977 6~f 5:00 P.I•{. -Lot 15~ ~)locl, 2, Pembroke. The vote was un<inirlously in favor. L:1I•iGLC?: F{EIG{{TS STREET ItL'~t RCVLi•~~7T P,EOUEST The 2•iayor informed the Council that a number of residents of Langdon Iieights were interested in street irnprove¢nents in their area. The Council detexmined to place this as one of the items. of discussion on their meeting of May 17~ 1977 and requested the staff to send invitations to the area residents to inform them of the meeting. Tice Council wi1T meet for their wor'~c session on the Zoning Code at 7:00 p,n. and adjourn. • to discuss the street improvements at 8:00 p.m. CONTIhENT~'LL TELEPHONE I~EETIP~G The City Attorney reported to the Council that a r,~eeting will be held with the Continental Telephone Company representatives on Thursday, 2•iay 12, 1977 at 8:30 a.m. at the attorneys office at 1100 Fist National 3an'~c Building in P3inneapolis. Fenstad moved and Swenson seconded a motion to adjour... The vote was unanimously in favors so carried and adjourned. Plary t4ars:<e~ Acting City Clerk Attested• eo axd L. K.opp~ Cit 2~ n ger ~a 7