06-22-1992MEMBERS PRESENT:
MEMBERS ABSENT:
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 22, 1992
Martin Kirsch, Mayor; Michael Sandahl;
Kristal Stokes; and William Bullock.
Ivan Ludeman
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Jack Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and John Dean,
City Attorney.
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the ,audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Bullock, S/Sandahl to approve the minutes of the regular
City Council Meeting of June 8, 1992; and the minutes of the
Special City Council Meeting of June 15, 1992.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Bill Fillmore and John Hamilton, representing the Richfield
Chamber of Commerce, presented American flags to the City Council
and reviewed the Chamber's fund-raising efforts through the sale
of flags.
Council Meeting Minutes -2- June 22, 1992
Item #2 RECOGNITION OF ADAPTIVE RECREATION/LEARNING EXCHANGE
(ABLE) ADVISORY COI~lITTSE IN HONOR OF THE CITY OF
RICHFIELD RECEIVING THE INNOVATIVE CITY AWARD FROM THE
ASSOCIATION OF METROPOLITAN MONICIPALITIES. C.L. N0.144
Council Member Stokes recognized representatives of the
Adaptive Recreational Learning Exchange (ABLE) Advisory Committee
in acknowledgment of the City receiving the Innovative City Award
from the Association of Metropolitan Municipalities for this
program.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Bullock, S/Stokes to approve the agenda.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
4A. APPROVED 1992 AGREEMENT WITH HENNEPIN COUNTY FOR
PARTICIPATION IN DELIVERY OF EMPLOYMENT INTERVENTION PROGRAM
C.L. 145
B. APPROVED RESOLUTION DESIGNATING PAINEWEBBER AS A DEPOSITORY
FOR INVESTMENT OF CITY FUNDS IN 1992 C.L.. 146
RESOLUTION NO. 7888
RESOLUTION DESIGNATING A CERTAIN INSTITUTION
AS DEPOSITORY FOR THE INVESTMENT
OF CITY FUNDS IN 1992
This resolution appears as Resolution No. 7888 in Resolution
Book No. 61.
C. APPROVED AUTHORIZATION FOR CITY MANAGER TO ENTER INTO
AGREEMENT AND RETAIN THE FIRM OF HUGHES AND COSTELLO FOR
PROVISION OF PROSECUTORIAL SERVICES FOR THE CITY C.L. 147
D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR FAIRWAY AERATOR FOR
USE AT RICH ACRES GOLF COURSE FROM CUSHMAN MOTOR COMPANY IN
THE AMOUNT OF $17,368 C.L. 148
Council Meeting Minutes
E. APPROVED TEMPORARY ON-SALE
LICENSE AND FEE WAIVER FOR
LEGION POST 435 FOR JULY 4
F. APPROVED TEMPORARY ON-SALE
LICENSE AND FEE WAIVER FOR
JULY 3, 1992 C.L. 150
-3- June 22, 1992
NON-INTOXICATING MALT LIQUOR
MINNEAPOLIS-RICHFIELD AMERICAN
1992 C.L. 149
NON-INTOXICATING MALT LIQUOR
FRED HABCOCK V.F.W. POST 5555 FOR
G. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 6305 WENTWORTH AVENUE, 3 CATS C.L. 151
H. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 7232 11TH AVENUE, 4 DOGS C.L. 152
I. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE, 7420 ALDRICH AVENUE, 3 DOGS C.L. 153
M/Bullock, S/Stokes to approve the consent calendar.
Motion carried 4-0.
[1
Item #5 PUBLIC HEARING REGARDING CONSIDERATION OF APPLICATION
FOR RENEWAL OF RESIDENTIAL KENNEL LICENSE, 6732 11TH
AVENUE, 4 DOGS, C.L. NO. 154
City Manager Prosser reviewed Council Letter No. 154
regarding consideration of the application for renewal of a
residential kennel license for Sharon Trego, 6732 11th Avenue.
Sharon Trego, 6732 11th Avenue, appeared in support of
renewal of the license indicating no complaints had been received
and this was her third year with a license.
Council Member Stokes noted that the Council Letter
indicated that there appeared to be a dispute between Mrs. Trego
and her neighbor at 6738 11th Avenue. She asked the status of
the suggested mediation.
Mrs. Trego stated she had contacted the West Suburban
Mediation Center and had not yet heard back from them.
Mark Johnson, 7532 3rd Avenue, appearing on behalf of his
mother-in-law Mrs. Pertler, stated concerns about the noise of
the barking dogs and noise of the children at the Trego's day
care. Mr. Johnson stated concern about sanitation issues related
to the dogs at the same location as the day care.
Council Meeting Minutes -4- June 22, 1992
City Attorney Dean indicated that the County and State are
responsible for licensing day care providers and establishing
standards for them.
Dawn Trego, 6732 11th Avenue, stated that the yard is kept
clean and that it is normal for children to make some noise.
Dianne Johnson, 7532 3rd Avenue, stated she is against all
residential kennel licenses in Richfield. She reoommended that
all kennel licenses be revoked and the City consider a policy not
to allow them.
Melissa Boeser, 7300 Blaisdell Avenue, stated opposition to
all kennel licenses in the City because they cause noise,
sanitation problems, lowered property values, and deterioration
of the community.
Eugene Pertler, 6738 11th Avenue, reviewed his concerns
about the cacophony of noise caused by dogs in the neighborhood,
kennel licenses in residential areas, sanitation, the Trego's day
care, home values, and the behaviors of the Trego's.
Mark Hoeser, 7300 Hlaisd@11 1~venue, stated concern that
allowing kennel licenses is turning Richfield into a city of
animal farms and slums.
Michael Trego, 6732 11th Avenue, answered questions
regarding the size of the dogs and indicated the dogs are not for
business but are pets.
M/Bullock, S/Sandahl to close the public hearing.
Motion carried 4-0.
Council Member Bullock stated that denial of the kennel
license would not solve the neighbor dispute since two dogs would
still be allowed. He stated the problem is beyond the kennel
license and can only be resolved if the two parties sit down to
resolve it through mediation. He said that the child care and
sanitation issues could be reviewed by the Advisory Board of
Health.
City Manager Prosser stated that a residential kennel allows
for the issuance of a license for more than two animals under
certain circumstances. Two dogs could remain if the license is
denied.
M/Bullock, S/Stokes to defer action for 30 days on
consideration of the application for renewal of a residential
kennel license for Sharon Trego. 6732 11th Avenue, to allow time ^
for an attempt at mediation to resolve .the issues with the
neighbor at 6738 11th Avenue.
Motion carried 4-0.
Council Meeting Minutes -5- June 22, 1992
Item #6
CONSIDERATION OF APPROVAL OF CITY COMMENTS ON I494
DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS).
C.L. NO. 155
City Manager Prosser reviewed Council Letter No. 155
regarding submittal of the City's comments on the I494 Draft
Environmental Impact Statement (DEIS) including:
• Support for the addition of two lanes in each direction with
one of those lanes designated as an HOV (High Occupancy
Vehicle) lane.
• Support for the Ring Road Concept for the design of the
I494/135W Interchange.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns
regarding 1) the negative impact of the project on the City's
tax base and the need to ask for mitigation for this loss; 2)
carbon monoxide concentrations which in some cases increase in
the "build" alternative vs. the "no build" alternative; and 3)
noise mitigation.
City Manager Prosser reviewed the DEIS process, the City's
input regarding these issues, and City involvement in the design
phase to address these issues.
Community Services Director Fondrick noted that noise and
carbon monoxide concentrations must be reviewed for the area as
a whole because spot readings may vary and not show the total
impact.
Mayor Kirsch noted that the City had obtained federal
funding for the 77th Street project to help economically
mitigate the impact on local funds.
M/Sandahl, S/Bullock to approve the City comments and
position regarding the I494 Draft Environmental Impact Statement
SDEIS) as described in the draft letter attached to Council
Letter No. 155.
Motion carried 4-O.
Item #7 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport issues:
1. NEW FORD TOWN AND RICH ACRES BUYOUT
The Minneapolis City Council authorized their legal counsel
to investigate litigation that would seek to stop the buyout
on the basis that it violates the dual track process.
Council Meeting Minutes
Richfield has met with their
indicating that the buyout is
process.
June 22, 1992
-6-
attorney to provide information
compatible with the dual track
2. RUNWAY 4-22 EXTENSION DRAFT E.I.S.
The deadline for comments is July 6. Staff is completing
the City's aommenta for submittal.
3. PART 150 PROGRAM
The program is proceeding with the sound insulation of 29
homes this year. Criteria for participation in 1993 is
being developed.
4. METROPOLITAN COUNCIL FORUM
Staff participated in the Metropolitan Council forum on the
economic impact of relocating the airport.
Item #8 LEGISLATIVE REPORT
loTo~a®
Item #9 COUNCIL DISCUSSION ITEMS
City Manager Prosser stated that Council Member Ludeman had
asked that residential kennel licenses be scheduled for future
discussion.
Mayor Kirsch suggested that the July 6 City Council Study
Session be cancelled because of a conflict with another scheduled
event.
City Manager Prosser stated that the only item scheduled for
July 6 is the presentation of the 1991 Comprehensive Annual
Financial Report by Deloitte & Touche.
Council Member Bullock suggested that the auditor's report
could be presented prior to the July 13 regular City Council
meeting.
It was the consensus of the City Council that the July 6
Study Session be cancelled and that a Special City Council Study
Session be scheduled far July 13 at 6:00 p.m. for the
presentation of the 1991 comprehensive Annual Financial Report by
Deloitte & Touche.
Mayor Kirsch stated that several residents had expressed
concerns about the increase of MTC bus traffic on Bloomington
Avenue. He stated a letter has been sent to the MTC about this
issue and that staff will be meeting with the MTC.
Council Meeting Minutes
-7-
June 22, 1992
Item #10 CLAIMS AND PAYROLLS
M/Stokes, S/Sandahl that the following claims and payrolls
be agvroved:
RICHFIELD BANK
Checks 15451-15515; 33466-33769 $1,016,900.41
NORWEST BANK
Check 1143-1144 $ 120,000.00
FIRSTAR BANK
Checks 6852-6878 S 763,719.75
Checks 57766-57801; 58332-58732 Payroll S 368,852.87
Motion carried 4-0.
1
7
ADJOURNMENT
M/Bullock, S/Stokes to adjourn the meeting.
Motion carried 4-0.
The meetincr was adiourned at 8:12 ~.m.
Date Approved: 7/13/92
~-~~~~ ~
/Z~
Thomas P. Ferber
City Clerk
i
Martin J.~Cirsch Mayor
D. Prosser
Manager