08-23-1993CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
August 23, 1993
MEMBERS PRESENT: Martin Kirsch, Mayor; Susan Rosenberg; Russ
Susag; and Don Priebe.
MEMBERS NOT PRESENT: Michael Sandahl.
STAFF PRESENT: Steven Devich, Acting Citg Manager; Thomas
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director; Jack
Erskine, Public Safety Director; William
Fillmore, Liquor Operations Director; Betsy
Christenson, Health Administrator; 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.
1
APPROVAL OF MINUTES
M/Priebe, S/Susag to approve the minutes of the Regular City
Council Meeting of August 9, 1993.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Philip Mortenson, 7315 Thomas Avenue, stated concerns about
safety in the City Hall parking lot indicating a resident fell
due to the lack of color contrast between the curb and the
parking lot at the end of the sidewalk.
Acting City Manager Devich stated that in response to
receipt of the accident report, action has been taken to increase
the lighting over the sidewalk and to paint the curb yellow.
Bonnie Morrow, Morrow Towing 6445 Cedar Avenue, stated
concerns and questions regarding how the City awards and monitors
the City contract for towing services.
Acting City Manager Devich stated that these issues would be
reviewed by the City Attorney and the Public Safety Director for
preparation of a report to the City Council.
Council Meeting Minutes -2- August 23, 1993
Item #2 COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Susag to approve the agenda.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
3A. APPROVED RESOLUTIONS ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 1524 AND 1600 EAST 77TH STREET AND
ADJACENT UNDEVELOPED PARCEL; 77TH STREET PROJECT C.L. 237
RESOLUTION N0. 8046
kESOLUTION ESTAIILISIiING JUST COMPENSATION
AUTHORIZING PURCHASE OF REAL PROPERTY
1524 EAST 77TH STREET, 1600 EAST 77TH STREET
This resolution appears as Resolution No. 8046 in Resolution
Book No. 63.
RESOLUTION NO. 8047
RESOLUTION ESTABLISHING JUST COMPENSATION
AUTHORIZING PURCHASE OF REAL PROPERTY
Tract E, Registered Land Survey No. 1003
This resolution appears as Resolution No. 8047 in Resolution
Book No. 63.
B. APPROVED REQUEST BY CHURCH OF ST. PETER FOR ITINERANT PLACE
OF AMUSEMENT LICENSE WITH FEE WAIVER FOR 1993 FALL FESTIVAL
ON SEPTEMBER 18 AND 19, 1993 C.L. 238
C. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE; 7400 PILLSBURY AVENUE; THREE CATS C.L. 239
D. APPROVED APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL
LICENSE; 6424 11TH AVENUE; THREE CATS C.L. 240
E. APPROVED APPLICATION FOR RESIDENTIAL KENNEL LICENSE; 7425
PLEASANT AVENUE; THREE DOGS AND THREE CATS C.L. 241
F. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE; CUTLER
ANIMAL HOSPITAL; 7738 COLFAX AVENUE C.L. 242
Council Meeting Minutes -3- August 23, 1993
G. APPROVED APPLICATION FOR RENEWAL OF PIGEON LICENSE; 6837
RUSSELL AVENUE
H. APPROVED ESTIMATE #2 PAYMENT FOR CONSTRUCTION OF SHELTER
BUILDING AT NICOLLET PARK; EHERT CONSTRUCTION; $12,055.50
I. APPROVED ESTIMATE #3 PAYMENT NICOLLET PARK BUILDING; EBERT
CONSTRUCTION; $3,800.00
M/Priebe, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #4 PUBLIC HEARING REGARDING APPLICATION FOR NEW
RESIDENTIAL KENNEL LICENSE; 7315 THOMAS AVENUE; FOUR
CATS (DEFERRED FROM JULY 26, 1993). C.L. NO. 243
Acting City Manager Devich reviewed Council Letter No. 243
recommending denial of the application of Philip Mortenson, 7315
Thomas Avenue, for a residential kennel license for four cats.
Philip Mortenson, 7315 Thomas Avenue, spoke in support of
the residential kennel license application indicating that he was
trying to control his cats and that he.was being blamed for
problems from other cats in the neighborhood.
Ed Sorensen, 7308 Thomas Avenue, spoke in opposition to the
residential dennel license citing the lack of control of the cats
by the Mortenson's and feces on his property.
Chuck Karels, 7314 Thomas Avenue, spoke in opposition to the
residential kennel license citing it as detrimental to the
neighborhood.
Evelyn Murphy, 7326 Thomas Avenue, spoke in opposition to
the residential kennel license stating there were too many
animals in the City.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
M/Susag, S/Priebe that the following resolution be adopted;
that it be spread in the resolution book and that it be made mart
of these minutes:
RESOLUTION NO. 8048
RESOLUTION DENYING RESIDENTIAL KENNEL LICENSE AT
7315 THOMAS AVENUE
Motion carried 4-0. This resolution appears as Resolution
No. 8048 in Resolution Book No. 63.
Council Meeting Minutes -4- August 23, 1993
Council Member Susag suggested the clarification of the term
kennel license to avoid confusion and asked questions regarding
the problem of stray cats.
Public Safety Director Erskine stated that the staff will
clarify the definition of a residential kennel license in
communications to residents. He indicated that if necessary the
ordinance could be amended to change the terminology for further
clarification. Mr. Erskine reviewed the difficulty in
enforcement issues related to stray cats.
Council Member Rosenberg asked about the effectiveness of
the cat leash ordinance which the City previously had in place.
Public Safety Director Erskine stated that such a law was
not effective nor practicable to enforce.
Philip Mortenson, 7315 Thomas Avenue, stated that many
residents do not know that cats must be licensed and urged to
City to do more to educate the public of this fact.
Item #5 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
SECTION OF 905, SUBSECTION 905.40, OF CITY CODE TO
PROHIBIT FEEDING OF DEER AND RACCOONS AND SETTING
PUBLIC HEARING DATE AND SECOND READING FOR SEPTEMBER
27, 1993. C.L. NO. 244
Acting City Manager Devich reviewed Council Letter No. 244
regarding a proposed ordinance amendment which would prohibit the
feeding of deer and raccoons.
Bill Bullock, Chair of the Friends of Wood Lake (FOWL)
Board, spoke in support of the proposed amendment indicating that
it would help to deter the growth of the deer population. He
indicated the deer population had grown to an unacceptable level
at the Wood Lake Nature Center and the deer were also causing
safety concerns in the neighborhoods.
Community Services Director Fondrick reviewed the deer
population impact on vegetation at Wood Lake Nature Center and
migratory patterns. He indicated that prohibiting feeding will
discourage further migration and growth of the deer population at
the Nature Center.
M/Susag, S/Priebe that this constitute the First Reading of
this ordinance prohibiting feeding of deer and raccoons; and that
the Public Hearing and Second Reading of the ordinance be
scheduled for the September 27, 1993 City Council meeting.
Motion carried 4-0.
Council Meeting Minutes -5- August 23, 1993
Item #6 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING 7608-10 LOGAN AVENUE FROM MULTIPLE RESIDENCE
TO TWO FAMILY RESIDENTIAL; AND REZONING 2814 WEST 72ND
STREET, 7638 AND 7644 NEWTON AVENUE, 7639 AND 7645
OLIVER AVENUE, 7638 AND 7644 SHERIDAN AVENUE, AND 7639
AND 7645 THOMAS AVENUE FROM MULTIPLE RESIDENCE TO
SINGLE FAMILY RESIDENTIAL. C.L. NO. 245
Acting City Manager Devich reviewed Council Letter No. 245
regarding a proposed ordinance amendment rezoning 7608-10 Logan
Avenue from multiple residence (MR) to two family residential;
and rezoning 2814 West 72nd Street, 7638 and 7644 Newton Avenue,
7639 and 7645 Oliver Avenue, 7638 and 7644 Sheridan Avenue, and
7639 and 7645 Thomas Avenue from multiple residence to single
family residential.
Council Member Priebe asked about the timing of rezoning the
75 parcels still zoned MR and the relationship of this action to
the Comprehensive Plan update.
Community Development Director Wallace stated the rezoning
of the MR properties is being done by neighborhood area and that
there will not be a conflict with the updated Comprehensive Plan.
M/Susag, S/Priebe that this constitute the First Reading of
this ordinance amendment rezoning 7608-10 Logan Avenue from
multiple residence (MR) to two family residential; and rezoningr
2814 West 72nd Street, 7638 and 7644 Newton Avenue. 7639 and 7645
Oliver Avenue ~ 7638 and 7644 Sheridan Avenue and 7639 and 7645
Thomas Avenue from multiple residence to sinctle family
residential and that the Public Hearing and Second Reading of the
ordinance be scheduled for the September 27 1993 Citv Council
meeting.
Motion carried 4-0.
Item #7 CONSIDERATION OF EXPENDITURE OF $39,128 FOR
INSTALLATION OF UTILITIES UNDERGROUND WEST OF LYNDALE
AVENUE AS PART OF 77TH STREET RECONSTRUCTION PROJECT.
C.L. N0. 246
Acting City Manager Devich reviewed Council Letter No. 246
regarding the proposed expenditure of $39,128 for installation of
underground utilities on the south side of 77th Street between
Aldrich and Colfax Avenue as part of the 77th Street
Reconstruction Project.
Council Meeting Minutes -6- August 23, 1993
Community Services Director Fondrick answered questions
from the.City Council about the funding, advantages, reconnection
costs, location and aesthetic issues related to the underground
placement of the utility lines.
M/Kirsch, S/Priebe to approve and authorize the expenditure
of 539,128 for the installation of underground utility lines on
the south side of 77th Street between Aldrich and Colfax Avenues
as part of the 77th Street Reconstruction Project contingent upon
receipt of a signed contract from the affected property owners.
Motion carried 4-0.
Item #8 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY
SESSION ON SEPTEMBER 6, 1993. C.L. NO. 247
Acting City Manager Devich reviewed Council Letter No. 247
regarding whether to cancel or reschedule the scheduled~City
Council Study Session of September 6, 1993 because of the Labor
Day Holiday.
M/Priebe, S/Susag to cancel the regularly scheduled
September 6, 1993 City Council Study Session Meeting.
Motion carried 4-0.
Item #9 AIRPORT STATUS REPORT
Acting City Manager Devich stated that Congressman Sabo's
office had informed the City that the FAA had authorized initial
funding of $12 million for the New Ford Town/Rich Acres buyout.
Item #10 LEGISLATIVE DEPORT
None.
Item #11 COUNCIL DISCUSSION ITEMS
Council Member Susag discussed issues related to a new type
of temporary construction fencing and the death of ducks at City
ponds resulting from botulism.
Community Services Director Fondrick stated he would
investigate the use of this type of temporary construction fence.
Council Meeting Minutes -7- August 23, 1993
Public Safety Director Erskine and Community Services
Director Fondrick reviewed the historical perspective regarding
the natural occurrence of botulism in the duck population during
periods of heavy rain or drought.
Council Member Priebe acknowledged receipt of the draft
Revised 1993/Proposed 1994 Budget and noted that it did not
indicate the impact on an individual's property tax.
Acting City Manager Devich stated he is preparing
information that will give examples of the levy impact on typical
Richfield properties based on tax capacity and Richfield's
proposed tax levy.
Council Member Priebe suggested that the September City
Council budget meetings be televised to make it as convenient as
possible for residents to be informed about the budget.
Acting City Manager Devich stated he would make arrangements
for cable broadcast of the budget meetings.
Item #12 CLAIMS AND PAYROLLS
M/Susag, S/Priebe that the following claims and payrolls be
anAroved•
RICHFIELD BANK & TRUST CO.
Checks 17350-17407; 40845-41088 $1,686,073.29
NORWEST BANK
Check 1186 $ 14,700.00
FIRSTAR BANK
Checks 7602-7616 $ 558,610.13
Checks 68781-68819; 70250-70658 $ 416,098.08
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous c s tat~8: 3 p.m.
Date Approved : 9/ ~ 3/ 93
Mart rsc Mayor
~~
Thomas P. Ferber Devich
City Clerk Acting City Manager