07-27-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 27, 1998
CALL TO ORDER
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.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; and Kristal
Stokes.
Members Not
Present:Michael Sandahl.
City Manager Prosser stated that Council Member Sandahl had informed him that
he would be out of town on business until August 7.
M/Susag, S/Stokes to determine the absence of Council Member Sandahl as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; William Fillmore, Liquor
Operations Director; Tom Foley, Transportation Engineer; Al Payne,
Community Services Manager; and Corrine Thomson, City Attorney.
Council Meeting Minutes-2-July 27, 1998
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the Special City Council Meeting of
July 13, 1998; and the minutes of the Regular City Council Meeting of July 13, 1998.
Motion carried 4-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Laura King, 7315 Morgan Avenue, presented a neighborhood petition in opposition
to the proposed plans for changes and additions to the baseball and soccer fields at
Donaldson Park/West Richfield Junior High School. She discussed concerns regarding
increased traffic, lighting, noise, and litter. She requested that the City Council and the
Task Force reconsider the plans.
Council Member Rosenberg indicated she had heard from Laura King and also
spoke to Rick Jabs of the Task Force. She stated the Task Force is willing to work with
the neighbors to iron out these concerns.
City Manager Prosser stated there was some interest from the neighborhood in
initiating mediation regarding these issues. He stated the issue of restrictive covenants in
the deed conveying the property to the City from Donaldson Company 40 years ago had
been raised and that the City Attorney has been asked to review this issue for Donaldson
and other parks.
Jerry Millette, 6406 16th Avenue, President of the East Richfield Baseball,
requested that the City Council move faster to approve the new fields so they are in place
by next year, particularly at Roosevelt Park.
Lynda Rolshouse, 7321 Morgan Avenue stated concerns about the impact of
having a proposed soccer field at Donaldson Park so close to her home. She stated
concern about the unauthorized use of the fields by some groups and that the locations
were approved without knowing about details such as lighting. She discussed concerns
about parking on the adjacent streets, noise, lighting and traffic. She discussed the issue
of conveyance deed restrictions at Donaldson Park.
Council Member Rosenberg stated that the Council had approved an overall plan
for the replacement of ballfields, however, the design details would need to be determined
for each location.
Council Meeting Minutes-3-July 27, 1998
City Manager Prosser discussed notification for the future meetings about
Donaldson Park and the mediation planning process. He stated that the concept approval
for the ballfield replacement plan was with the condition that neighborhoods would be
involved in reviewing the detail plans for each park.
Council Member Stokes asked that everyone consider this a “we” community issue
and work together to address the needs of both the neighborhood and replacement of the
ballfields.
Ron Ford, 7308 Morgan Avenue, stated he understood this is a park, but asked for
commitment not to just move ahead just for the baseball program but to slow down to work
through a process to address the neighborhood concerns. He suggested the baseball
program could look at renting space from another city in the short term.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
A.APPROVED RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT
AGREEMENT WITH STATE OF MINNESOTA TO RECEIVE REIMBURSEMENT
FOR STORM CLEANUP COSTS C.L. 163
RESOLUTION NO. 8597
RESOLUTION AUTHORIZING EXECUTION OF A SUB-GRANT AGREEMENT
WITH THE STATE OF MINNESOTA TO RECEIVE REIMBURSEMENT
FOR STORM CLEANUP COSTS
This resolution appears as Resolution No. 8597 in Resolution Book No. 68.
B.APPROVED REMOVAL AND REALIGNMENT OF STOP SIGNS AT 64TH
STREET AND PILLSBURY AVENUE C.L. 164
C.APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7645
NICOLLET AVENUE C.L. 165
RESOLUTION NO. 8598
Council Meeting Minutes-4-July 27, 1998
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
(7645 NICOLLET AVENUE)
This resolution appears as Resolution No. 8598 in Resolution Book No. 68.
D.APPROVED AWARD OF CONTRACT FOR REPLACEMENT OF SIX RETAINING
WALLS ON COUNTY ROADS TO LAKELAND NURSERIES, INC. IN AMOUNT
OF $39,635.40 C.L. 166
E.APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 6800 CEDAR
AVENUE; THREE DOGS C.L. 167
F.APPROVED RENEWAL RESIDENTIAL KENNEL LICENSE; AT 7232-11TH
AVENUE; FOUR DOGS C.L. 168
G.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ELAINE’S
GROOMING; 7429 HUMBOLDT AVENUE, FOR PURPOSE OF ANIMAL
GROOMING C.L. 169
H.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR PETCO
ANIMAL SUPPLIES, INC., 710 WEST 66TH STREET, FOR GROOMING OF
ANIMALS C.L. 170
I.APPROVED RENEWAL OF VETERINARY LICENSE FOR ANIMAL CARE
CLINIC, 6521 CEDAR AVENUE C.L. 171
J.APPROVED RENEWAL OF VETERINARY LICENSE TO OPERATE
VETERINARY CLINIC FOR AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE
C.L. 172
K.APPROVED RENEWAL OF VETERINARY LICENSE TO OPERATE CLINIC AT
WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 173
M/Stokes, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #4FIRST READING OF ORDINANCE AUTHORIZING CONSTRUCTION OF
SECOND ICE SHEET AT RICHFIELD ICE ARENA. C.L. NO. 174
City Manager Prosser reviewed Council Letter No. 174 regarding first reading of an
ordinance authorizing construction of a second ice sheet at the Richfield Ice Arena.
Council Meeting Minutes-5-July 27, 1998
Del Erickson, Delano Erickson Architects, presented information and answered
questions regarding the proposed addition of a second ice sheet to the ice arena in
Veterans Memorial Park including:
x
Building location
x
Soil tests/soil correction issues
x
Interior building layout
x
Exterior/structure materials
x
Tentative timetable if project is approved:
soil correction - Fall 1998
construction - Spring 1999
occupancy - September 1999
M/Susag, S/Rosenberg that this constitute the First Reading of an ordinance to
approved a Capital Improvement Project for construction of an addition to the ice arena
pursuant to Richfield City Charter Section 8.04; and that the Public Hearing and Second
Reading of the ordinance be scheduled for the August 24, 1998 City Council Meeting.
Motion carried 3-1. (Stokes opposed)
Item #5CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL
LICENSE AT 6325 GIRARD AVENUE. C.L. NO. 175
City Manager Prosser reviewed Council Letter No. 175 regarding the application of
George Broadston, 6325 Girard Avenue, for a new residential kennel license.
George Broadston, 6325 Girard Avenue, spoke in support of granting the kennel
license. He showed photographs of his property and kennel area. He explained that his
daughter is living with them temporarily and that she raises and trains dogs. He stated
that the dogs are never loose, have collars that restrain them from barking, have insulated
houses, and that the area is kept clean from feces.
Lisa Duval, 6325 Girard Avenue, spoke in support of granting the kennel license.
She stated that she previously had lived in the country on 40 acres but her husband had
died and she subsequently was living temporarily with her parents.
Isabella LaRoche, 6331 Girard Avenue, spoke in opposition to granting the kennel
license. She stated concerns about odors, barking, and an alleged assault incident with
Mrs. Broadston.
Mr. Broadston stated that his wife had talked to the adjacent neighbors about
signing for approval of the kennel license and the alleged incident occurred when she
asked Ms. LaRoche to sign. Mr. Broadston presented a letter from his wife regarding the
incident. He stated that the other adjacent neighbors did not object, that the area is
Council Meeting Minutes-6-July 27, 1998
always kept clean, and that the City inspector had reported that the conditions were
immaculate and recommended approval of the license.
Leonard S. Smith, 6319 Girard Avenue, spoke in support of granting the kennel
license. He stated he lived next door to the north of the Broadston’s and felt the dogs
were kept in a good environment and did not bark anymore than other dogs in the
neighborhood.
James Hockett, 6331 Girard Avenue, spoke in opposition to granting the kennel
license stating concerns about odors, feces, and barking.
Bill Plotruschke, 6325 Girard Avenue, summer caretaker for the Broadston’s, spoke
in support of granting the kennel license. He stated there were no barking or cleanliness
problems.
Lisa Duvall discussed the cleaning and waste disposal practices and showed the
type of collar used to control barking.
Council Member Susag asked about the term for a residential kennel license.
City Attorney Thomson stated the license term is one year and must be renewed
annually.
James Hockett asked questions regarding enforcement regarding the number of
dogs.
City Attorney Thomson reviewed the complaint, investigation, and enforcement
procedures.
Council Member Rosenberg stated that one contiguous property owner did not
approve and it appears that the license would have an adverse affect on the
neighborhood, therefore, she would not support granting the license.
Council Member Stokes stated concurrence with Council Member Rosenberg. She
stated the burden was on the applicant to demonstrate it will not have an adverse impact
and that has not been done.
City Attorney Thomson reviewed and discussed the following ordinance provision:
905.31.Kennel licenses.
Subd. 3.Approval of contiguous property owners.The application for a residential
kennel license, or commercial kennel license in a residential area, shall be accompanied by a
petition showing the approval of the occupants of privately owned real estate abutting the
premises on which the kennel is to be located. Whether or not all of the occupants of abutting
property approve the application, the council may grant or deny the license. The license may
not be granted unless the council finds that the 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.
Council Meeting Minutes-7-July 27, 1998
Council Member Susag stated he would support granting the kennel license
because it appeared there would be no adverse impact on adjacent properties.
Mayor Kirsch stated he would also support granting the kennel license for that
reason and noted that the other neighbors supported it.
M/Susag, S/Kirsch to approve the application for a new residential kennel license
for George Broadston, 6325 Girard Avenue for six dogs.
Motion failed 2-2. (Rosenberg, Stokes opposed)
Item #6CONSIDERATION OF SETTING SPECIAL MEETING FOR 1998
REVISED/1999 PROPOSED BUDGET AND SETTING 1999 PRELIMINARY
TAX LEVY. C.L. NO. 176
City Manager Prosser reviewed Council Letter No. 176 regarding consideration of
setting dates for Special City Council Meetings to review and discuss the 1998
Revised/1999 Proposed budget and setting of a 1999 preliminary tax levy.
Council Member Rosenberg stated she would be unavailable on August 26 which
was one of the proposed dates.
Discussion followed regarding alternative meeting dates.
M/Susag, S/Rosenberg to set the date of September 2 and September 9 (if
necessary) as Special City Council meetings to review and discuss the 1998
Revised/1999 Proposed budget and determining the 1999 preliminary tax levy.
Motion carried 4-0.
Item #7AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issues:
x
Richfield Mitigation Panel Meeting July 30
x
MAC negotiations with the Minnesota Valley Wildlife Refuge
x
CARE Group activities
x
Senate Local and Metropolitan Government Committee Meeting in Richfield to
discuss airport issues - August 19
x
Possible House Committee meeting on airport issues
x
Importance of resident involvement in airport issues
x
Contacts with Senator Ranum, Senator Johnson, and Congressman Sabo
Council Meeting Minutes-8-July 27, 1998
Council Member Stokes gave a report on the NOISE Conference.
Item #8LEGISLATIVE REPORT
None
Item #9COUNCIL DISCUSSION ITEMS
Council Member Rosenberg suggested that the signs posted for seal coating give
the date and time that the work is scheduled.
Council Member Susag reminded residents about the Richfield Optimists Hole-in-
One Contest scheduled for July 30, July 31 and August 1 at Lyndale Field.
Council Member Susag discussed the suggestion of Roseville Council Member
Donn Wiski that two members from each city council meet to discuss similar issues that
each city faces. It was the consensus of the Council that Council Member Susag respond
affirmatively to this suggestion.
Item #10CLAIMS AND PAYROLL
M/Stokes, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 77590-77613$72,201.14
H/C: 79475-79864$1,569,680.23
Payroll: 6497-6865$487,183.94
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:35 p.m.
Date Approved:
Council Meeting Minutes-9-July 27, 1998
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager