02-10-04 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 10, 2004
The meeting was called to order by Mayor Kirsch at 6:30 p.m.
Members Present:
Martin Kirsch, Mayor; Susan Rosenberg; John Enger; and Sue Sandahl.
Gertrude Ulrich.
Samantha Orduno, City Manager; Steve Devich, Administrative Services
Director; Dan Scott, Public Safety Director; Kevin McGinty, Fire Services
Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Chris Regis, Finance Manager; Pam Dmytrenko,
Assistant to City Manager; Cheryl Krumholz, Recording Secretary; and
Michael Norton, City Attorney.
M/Rosenberg, S/Sandahl to determine the absence of Council Member Ulrich as an
excused absence.
Members
Not Present:
Staff Present:
Motion carried 4-0.
No one was registered to speak.
Mayor Kirsch led the audience in the Pledge of Allegiance.
M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Meetinq of
January 24.2004: (2) Re!:!ular City Council Meetin!:! of January 27,2004: (3) Special City Council
Meetin!:! of January 31. 2004: (4) Special City Council Worksession of Februarv 3, 2004: and (5)
Special City Council Meetin!:! of Februarv 4. 2004.
Council Meeting Minutes
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February 10, 2004
Motion carried 4-0.
Item #1
Mayor Kirsch presented the Government Finance Officers Association Certificate of
Achievement for Financial Reporting to Finance Manager Chris Regis.
Susan Freemen, VEAP, reviewed the 2004 State of the VEAP Neighborhood report. She
thanked the City Council for their support.
The City Council thanked Ms. Freeman and VEAP for their efforts.
Item #2
Council Member Rosenberg presented a Certificate of Appreciation to Houlihan's Restaurant
& Bar for supporting the City's summer playground program by committing 10% of qualifying gross
sales on January 26 -28, 2004.
Kim Nieglen, DIstrict Manager, and Sean Noonan, Richfield Manager, accepted the certificate
and presented Jim Topitzhofer, Recreation Services Director, with a check.
Jim Topitzhofer thanked Houlihan's for their co-operative efforts.
Jim Topitzhofer announced the Peterson Family concert on March 27 at Richfield High School
as a partnering effort with Recreation Services and the Richfield Foundation to benefit summer
programs.
Council Member Sandahl invited Jim Topitzhofer to explain the winter activities available to
the public at Wood Lake Nature Center.
Jim Topitzhofer explained several family-oriented activities at the nature center, including
cross-country skiing and snowshoeing.
Mayor Kirsch thanked the Recreation Services staff and Police Reserves for their efforts at
the recent Annual Winter Family Fun Day.
Mayor Kirsch discl!ssed the recent 'Troy Bell Day' event at the Academy of Holy Angels.
Council Member Rosenberg acknowledged the death of Mike Conlan, developer of Gramercy
and City Bella.
Item #3
Pam Dmytrenko, Assistant to the City Manager, provided an update on the 2007 Draft Noise
Contour map recently unveiled at the MAC Planning and Environment Committee meeting. She
explained the impact on Richfield, including eight more single-family homes and 47 more multi-family
units within the new 65 DNL noise contour. She added that mitigation efforts have not yet been
determined by MAC.
Council Meeting Minutes
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February 10, 2004
Ms. Dmytrenko said a public op~n.house will be on February 19 from 4-8 p.m. at the MAC
General Offices to provide an opportunity to discuss with MAC and consultants the process used to
generate the updated noise maps and to view the contours.
Council Member Enger asked the location of the additional properties within the contour.
Ms. Dmytrenko said she has requested that information from MAC.
Council Member Enger asked how many properties were in the previous 60 DNL contour in
the 1996 map.
Ms. Dmytrenko explained the contours are significantly smaller than previous contours mainly
due to the change of fleet mix at the airport.
Council Member Enger stated in 1996 the MAC promised to insulate homes out to the 60 DNL
and Richfield should do its best to hold them to that commitment.
City Manager Orduno stated the final public hearing on the Joint Airport Zoning Board zoning
ordinance will be on February 18 at 7 p.m. at the MAC General Office. She explained Richfield
received all their requests for redevelopment in the corridor subject to the height ordinance which was
also in the previous ordinance.
Item #4
M/Rosenberg, S/Sandahl to approve the aqenda.
Motion carried 4-0.
Item #5
A. Approved resolution authorizing agreement for cooperative use of fire personnel and
equipment as member of Hennepin County Chiefs Association S.R. No. 17
RESOLUTION NO. 9428
RESOLUTION AUTHORIZING RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND
COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT
This resolution appears as Resolution No. 9428 in Resolution Book No. 75.
B. Approved resolution supporting legislation allowing City of Richfield to provide ambulance
service S.R. No. 18
RESOLUTION NO. 9429
RESOLUTION AUTHORIZING SUPPORT OF LEGISLATION ALLOWING RICHFIELD TO
DETERMINE HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY ARE PROVIDED
This resolution appears as Resolution No. 9429 in Resolution Book No. 75.
C. Approved continuation of agreement with City of Bloomington for City of Richfield 2004 public
health services S.R. No. 19
Council Meeting Minutes
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February 10, 2004
D. Approved purch~se from Superior Ford for new squad car in amount of $22,092.36 S.R. No.
20
E. Approved bid minutes/tabulation and authorize purchase from Pierce Manufacturing Inc. for
fire pumper/quint to total ampl;Int 9f $375,025 S.R. No. 21
F. Approved 2004 business license renewals:
. Airport & Airline Taxi: 15 vehicles
. Airport Bowl: on-sale 3.2 malt liquor
. Azteca Van Lines, inc.: 2 vehicles
. Davanni's Pizza: on-sale 3.2 malt liquor
. EI Jalapeno: off-sale 3.2 malt liquor
. Hope's Chow Mein: on-sale 3.2 malt liquor
. Kwik Way Foods: off-sale 3.2 malt liquor
. Lariat Lanes: on-sale 3.2 malt liquor
. Oasis Market: off-sale 3.2 malt liquor
. Paul's Rentals & Sale: trailers and trucks rental
. RBF Corp. Of Wisconsin: off-sale 3.2 malt liquor
. Richfield Mobil Mart: off-sale 3.2 malt liquor
. Sandy's Tavern: on-sale 3.2 malt liquor & off-sale 3.2 malt liquor
. SuperAmerica #4186: off-sale 3.2 malt liquor
. SuperAmerica #41 a8: off-sale 3.2 malt liquor
. SuperAmerica #4191: off-sale 3.2 malt liquor
. SuperAmerica #4615: off-sale 3.2 malt liquor
. Suburban Taxi Corporation: 44 vehicles
. Yellow Taxi Service Corp.: 8 vehicle~
M/Rosenberg, S/Sandahl to approve the Consent Calendar.
Motion carried 4-0.
Item #6
None.
Item #7
Mayor Kirsch presented Staff Report No. 22 regarding consideration of a resolution giving
preliminary approval to refinancing of Multifamily Housing Revenue Refunding Bonds, Series 1996,
with Series 2004 Multifamily Housing Revenue Refunding Bonds; Village Shores Apartment
Project.
Finance Manager Regis stated the City acts as a conduit for the financing of the project, but
there is no financial liability to the City.
Mike Gould, Silvercrest Properties, stated he was available for questions.
M/Rosenberg, S/Sandahl to close the public hearing.
Council Meeting Minutes
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February 10, 2004
Motion carried 4-0.
MtSandahl, StEnger that the followino resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 9430
GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF
MULTIFAMILY HOUSING VARIABLE RATE REVENUE REFUNDING BONDS
(VILLAGE SHORES APARTMENTS PROJECT), SERIES 2004, IN THE
APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $7,610,000, UNDER
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED
Motion carried 4-0. This resolution appears as Resolution No. 9430 in Resolution Book No.
75.
Item #8
Public Safety Director Scott explained the legal requirements according to the Minnesota
Government Data Practices Act related to the confidential information distributed to only the
Council on this license.
Mayor Kirsch requested the City Council give the confidential information to the Recording
Secretary for disposal after discussion.
Stephen Lewis, 6436 Portland Avenue, applicant, explained the need for a license because
he owns two dogs and has two of his son's dogs visiting while he is on active duty until this
summer. He added that the male dog he owns is used for breeding so there are dogs visiting for a
few days and he keeps dogs for short periods of time that are in transit to Wisconsin.
Council Member Sandahl stated all four dogs are German Shepherds and asked if he
charges for the breeding service.
Mr. Lewis said the dogs are sent to a broker and are purebreds sold for $2,000 - $4,000 a
piece.
Council Member Enger asked if it was legal to operate a breeding service in Richfield.
Mr. Lewis said the breeding is not on a regular basis and the puppies are only at his home
for eight weeks and licensing is not required until they are six months old.
Public Safety Director Scott said based on what he'd heard so far, the puppies are not old
enough for licensing and there is nothing in the ordinance to prohibit breeding.
Council Member Enger stated the three confidential letters from neighbors address issues
including barking, odors, yelling at the dogs, and a kennel in the backyard where the dogs are kept
for extended periods of time.
Mr. Lewis stated the police have discussed barking complaints with him, but there is a
discrepancy in the reported times. He added the dogs are inside unless outside with family.
Council Meeting Minutes
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February 10, 2004
Council Member Enger asked Mr. Lewis if he often yells at the dogs to shut up.
Mr. Lewis said yes, but that his dogs are not the only ones in the area.
Council Member Enger asked Mr. Lewis if he ever had six dogs.
Mr. Lewis said he's had up to 16 animals, but most were puppies which were within City
regulations.
Carol Lewis, 6436 Portland Avenue, applicant, asked for clarification of the reference to
barking for long periods of time since she cannot stand barking and the dogs are maybe outside
one hour. She stated the odor issuE! is not coming from their house but from the neighbors' homes
due to maintenance issues, including long grass and not picking up after their dog.
Council Member Enger read excerpts from the confidential letters regarding the neighbors'
concerns.
M/Rosenberg, S/Enger tc:>close the public hearinQ.
> J ~;:-" ;'~ .,:. ;
Motion carried 4-0.
M/Enger, S/Kirsch to deny the new mlj.lti-animal residential kennel license for6436 Portland
Avenue. .
Council Member Sandahl stated there was discussion of this controversial licensing issue at
the January goalsetting session. She s~icJ staff is gathering data from other cities and a Council
Worksession to discuss the process for multi-animal licensing will be held in April.
Council Member Sandahl sajd that the confidential letters raise issues and the general rule
is if a home has more than twodo@s, the contiguous neighborsl'1eed to sign a letter of approval.
She expressed great sympathy for the neighbors and, it was unfortunate, they are not present
tonight. She stated concern for what sounds like a dog breeding business.
Mr. Lewis said the petition is signed by the immediate. neighbors and he believes the
neighbors writing the letters have junk yards.
Council Member Rosenberg expressed concern with having up to 16 animals.
Mr. Lewis said the puppies and dogs are in transit and only there for one to two days.
Council Member Rosenberg stated that it is difficult to make a decision when the neighbors
are not present. She asked for c1arifigation on the City's inspection of the property. She also
suggested a temporary resolution be considered.
Public Safety Director Scott reported that at the time of the City's inspection, there were no
apparent problems with the residence. He added that applicants do not know when the
inspections will take place.
Council Member Rosenberg asked for clarification regarding the number of dogs at the
home.
Mr. Lewis explained there are four dogs, two of his own and two of his son's which should
be gone by this summer. He added staff requested a multi-animal license be obtained.
Council Meeting Minutes
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February 10, 2004
City Attorney Norton reviewed City Code Section 905.31, subd. 3, "The license may not be
granted unless the council finds that tl;1,E3 use.of the applicant's premises as a residential kennel will
not have, or will not be likely to have, any adverse effect upon adjacent properties or the
occupancy thereof, and will not constitute a nuisance to the neighborhood". He said this is the
standard to be used to make a determination.
Council Member Sandahl said the April Worksession will review the revising of the
standards and changing the license from "kennel" to "multi-animal". She said some of the
confidential letters state there have been some improvements.
Council Member Sandahl suggested granting a temporary license for four months to allow
time for the review and possible changes in the current ordinance.
Council Member Enger stated it appears the applicant cleaned up his act with reduced dog
barking when he applied for the license. He said he would not alter his motion.
Council Member Enger stated four dogs on a Richfield lot are too many and the City
Council needs to seriously review permitting only two dogs or two cats or two animals on a lot. He
stated he did not support breeding dogs.
Council Member Sandahl stated the issue needs to be studied and a conclusion needs to
be reached.
Motion failed 1-3. (Rosenberg, Sandahl and Kirsch opposed.)
M/Sandahl, S/Rosenberg to Qrant a four-month temporary new multi-animal residential
kennel license for 6436 Portland Avenue in accordance with the current City ordinance and it is the
owner's discretion to use bark collars.
Council Member Rosenberg requested Public Safety conduct extra inspections of the
property. She said objective input needs to be provided.
Council Member Enger requested the City Attorneyre-read the ordinance. He said "any
adverse effect" is reflected by the three neighbors with issues.
Council Member Sandahl said there appears to be conflicting evidence from the owner and
neighbors.
Mayor Kirsch said the temporary license seems reasonable.
Council Member Rosenberg said the inspection by staff cannot be discounted.
Motion carried 3-1. (Enger opposed.)
Council Member Enger requested the Worksession discussion include the dog breeding on
residential property issue. He also requested the confidential material provided to the City Council
tonight, be available to the City Council when this license is re-considered in four months.
Council Meeting Minutes
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February 10, 2004
Item #9
Mayor Kirsch presented St@ff Report No. 24 regarding consideration of appointments to
City Advisory Commissions. .
M/Sandahl, S/Rosenberg to appoint Tim Hobart. Carlene Ulmer. David Gehant and Kurt
Johnson to the Advisory Board of Health.
Motion carried 4-0.
M/Sandahl, S/Rosenberg to appoint Kevin McVay. P. Dean Johnson, Michael Christian,
Gary Ness and Anna Berend to the.Community Services Commission.
,'.,.'''','.:':
Motion carried 4-0.
M/Sandahl, S/Rosenberg to appoint Cameron Ceqelske. John Ekholm Jr.. Mark Boone,
Lisa Gorshe and Alvin Moore to the Human Riqhts Commission.
Ie'.- . . '"".- ,.-, .- -. "
Motion carried 4-0.
M/Sandahl, S/Rosenberg to appoint JeffKarr, Maureen Scaqlia and Greq Van Sickle to the
Planninq Commission. ....
Motion carried 4-0.
M/Sandahl, S/Rosenberg to appoint Jeffrey Hatton, Will Berend and Carol Mortenson to the
Friendship City Commission.
Motion carried 4-0.
M/Sandahl, S/Rosenberg to appoint Kimberly Gehant to the Arts and Celebrations
Commissions. .
Motion carried 4-0.
Council Member Sandahl said one vacancy remains on the Advisory Board of Health and
Friendship City Commission.
Item #10
M/Rosenberg, S/Sandahl that the followinq claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
AlP Checks: 129695 - 130009
PAYROLL 37428 - 37546
TOTAL
$ 916,399.76
$ 487,871.21
$ 1,404,270.97
Motion carried 4-0.
Council Meeting Minutes
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February 10, 2004
Item #11
The City Council meeting was adjourned by unanimous consent at 7:59 p. m.
Date Approved: February 24. 2004
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chery~~Umh 12 ~
Recording Secretary