Loading...
06-26-00 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 26, 2000 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; Sue Sandahl; Susan Rosenberg; Russ Susag; and Kristal Stokes. Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Frank White, Recreation Programs and Athletics Manager; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Rosenberg, S/Stokes to approve the minutes of the (1) Special City Council Study Session of June 12, 2000; and (2) Regular City Council Meeting of June 12, 2000. Motion carried 5-0. Council Meeting Minutes-2-June 26, 2000 Mayor Kirsch acknowledged the Air Force 934th Airlift Wing Base for the dedication and naming of a C-130 airplane for the City of Richfield at a ceremony earlier in the evening. Item #1RECOGNITION OF RICHFIELD’S LOCAL LEGISLATORS: SENATOR DAVE JOHNSON, REPRESENTATIVE DAN LARSON, SENATOR JANE RANUM AND REPRESENTATIVE MARK GLEASON Mayor Kirsch read and presented plaques to Richfield’s local legislators Senator Dave Johnson, Representative Dan Larson, Senator Jane Ranum and Representative Mark Gleason in recognition of their work on behalf of the citizens of Richfield in the 2000 legislative session. Item #2PRESENTATION OF 27TH ANNUAL GENE AND MARY JACOBSEN OUTSTANDING CITIZEN AWARD TO LLOYD HOLT Colleen Ramm, representing those who nominated Mr. Holt, and Tashika Sykes, Chair, Human Rights Commission, announced the presentation of the 27th Annual Gene and Mary Jacobsen Outstanding Citizen Award to Lloyd Holt in recognition of his work with high school students as an activity bus driver. Mr. Holt was unable to be present and the award was accepted on his behalf by the parents and some of the students who nominated him. Item #3PRESENTATION OF PROCLAMATION DESIGNATING WOMEN OF TODAY FOUNDER’S DAY JULY 1, 2000 Council Member Rosenberg read and presented a proclamation to Heidi Kopischke and Richfield Women of Today representatives, designating July 1, 2000 as Minnesota Women of Today Founder’s Day in the City of Richfield. Item #4ACKNOWLEDGEMENT OF FAIRVIEW SOUTHDALE HOSPITAL FOR THEIR SUPPORT OFON THE MOVE IN RICHFIELD WALKING PATHS BROCHURE Recreation Manager Frank White thanked and acknowledged Linda Packard from Fairview Southdale Hospital for their $700 contribution to support the On The Move In Richfieldwalking paths brochure. Council Meeting Minutes-3-June 26, 2000 Item #5PRESENTATION OF MEDAL OF MERIT AWARD TO RICHFIELD POLICE OFFICER JAY HENTHORNE Public Safety Director Scott explained the Public Safety Department award system and presented the Richfield Department of Public Safety Medal of Merit Award to Sergeant Jay Henthorne for his actions in saving the life of a suicidal female on June 5, 2000. Item #6SWEARING IN OF THREE NEW RICHFIELD POLICE OFFICERS Public Safety Director Scott administered the oath of office to the following new Richfield police officers: x Steven Abel x Christopher Seehuetter x Dori Ducett Item #7OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Public Safety Director Scott read and presented a plaque to Lascelles Jameson for assistance to the Public Safety Department in saving the life of a suicidal female on June 5, 2000. Randy M. Darling, 6945 Russell Avenue, discussed the 50-foot rule related to fences on corner lots and asked if he could use the experiences expressed by City Manager Orduno and Council Member Susag at the Planning Commission Meeting. They responded affirmatively to his request. Item #8 COUNCIL APPROVAL OF AGENDA M/Stokes, S/Susag to approve the agenda. Motion carried 5-0. Council Meeting Minutes-4-June 26, 2000 Item #9 CONSENT CALENDAR A.APPROVED AUTHORIZING CONSENT AND CONFLICT WAIVER FOR MOSS AND BARNETT REGARDING REPRESENTATION OF ANIMAL CARE CLINIC BEFORE CITY OF RICHFIELD S.R. NO. 150 B.APPROVED RESOLUTION AUTHORIZING CITY COUNCIL NOT TO WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 S.R. NO. 151 RESOLUTION NO. 8890 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 This resolution appears as Resolution No.8890 in Resolution Book No. 71. C.APPROVED ENVIRONMENTAL SITE ASSESSMENT PROFESSIONAL SERVICES AGREEMENT FOR 1710 EAST 78TH STREET, 77TH STREET, PHASE III UNDERPASS PROJECT S.R. NO. 152 D.APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND TEMPORARY ON- SALE 3.2 PERCENT MALT LIQUOR LICENSE WITH FEE WAIVER FOR FOURTH OF JULY COMMITTEE EVENTS SCHEDULED AT VETERANS MEMORIAL PARK, 6335 PORTLAND AVENUE, ON JULY 1-4, 2000 S.R. NO. 153 M/Rosenberg, S/Sandahl to approve the consent calendar. Motion carried 5-0. Item #10PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTY AT 6612 15TH AVENUE FROM GENERAL COMMERCIAL TO SINGLE FAMILY RESIDENTIAL S. R. NO. 154 Community Development Director Palmborg reviewed Staff Report No. 154 regarding a proposed ordinance amendment rezoning property at 6612 15th Avenue from C-2 (general commercial) to R (single family residential). M/Susag, S/Stokes to close the Public Hearing. Motion carried 5-0. Council Meeting Minutes-5-June 26, 2000 M/Stokes, S/Sandahl that this constitutes Second Reading of Bill No. 2000-14, rezoning property at 6612 15th Avenue to single family residential, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #11CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF 6309 18TH AVENUE TO TIME WARNER FOR CONSTRUCTION OF CABLE TELEVISION SWITCH STATION S. R. NO. 155 Community Development Director Palmborg reviewed Staff Report No. 155 regarding a proposed transitory ordinance authorizing the sale of 6309 18th Avenue to Time Warner for the construction of a Cable TV switch station. Council Member Stokes asked about the impact on storm water retention if a building is placed on the lot. Community Development Director Palmborg stated that the Public Works Department will require that the lot retains as much storm water storage capacity as already exists on the lot. Council Member Stokes asked questions regarding the needs of other potential cable providers for similar equipment and issues related to this switch station. Community Development Director Palmborg stated staff would research these issues and respond at the Second Reading of the ordinance. M/Susag, S/Stokes that this constitutes the First Reading of this ordinance; and the Public Hearing and Second Reading of the ordinance be scheduled for the July 24, 2000 City Council Meeting. Motion carried 5-0. Item #12CONSIDERATION OF REQUEST FOR NEW RESIDENTIAL KENNEL LICENSE AT 7413 BRYANT AVENUE S. R. NO. 156 Public Safety Director Scott reviewed Staff Report No. 156 regarding consideration of the request of Fernando Pardo for a new residential kennel license. Fernando Pardo, 7413 Bryant Avenue, requested approval of his request for a new residential kennel. He stated he had licensed his dogs recently and had previously been unaware of the licensing requirement. He indicated he had tried to please his neighbors Council Meeting Minutes-6-June 26, 2000 by responding to their concerns and recently built a privacy fence. He stated he doesn’t let the dogs run loose. Mr. Pardo stated he travels a lot and wanted the dogs for protection and companionship for his family. He presented pictures of the new fence. Craig Lindo, 7412 Aldrich Avenue, spoke in opposition to granting the kennel license. He stated concerns about odors, the number of dogs, the condition of the yard and barking. He stated that Mr. Pardo has been in violation of the ordinance for several years. He stated that the conditions have had an adverse impact on neighbors. He described a May 16 incident alleging Terri Pardo was verbally abusive to his wife regarding this issue. He stated that the Pardo’s did not appear to be responsible dog owners and cannot keep the animals from having an adverse impact on the neighborhood. Duane Korum, 7408 Bryant Avenue, spoke in opposition to granting the kennel license. He stated that the Pardo’s had not demonstrated responsibility as dog owners and not maintained control of their dogs. He stated on several occasions the dogs were loose and he called Public Safety. He indicated that after Public Safety talked to them they would keep the dogs under control for a while, but then revert to their old habits. He stated the Pardo’s dogs were aggressive and reviewed an incident were a dog approached him aggressively. He stated that the City’s dangerous dog ordinance was the same as State Statute and the dog is not classified dangerous until it has attacked someone. He stated the officer indicated they could not file a charge and he had to positively identify which dog was responsible. He urged the City Council to reject the kennel license application and look at amending the dangerous dog ordinance. Fernando Pardo, 7413 Bryant Avenue, stated he disagreed with his neighbors, stating he disposed of waste and tried to comply with the laws. Council Member Sandahl asked Mr. Pardo if the incident described in a letter from Kathi Korum about his dog Otis being loose had occurred. Mr. Pardo replied it had occurred but that the dog was just a puppy. Council Member Rosenberg stated that a kennel license is a privilege and not a right. Council Member Susag noted the importance of pets to children and owners, but that residential kennel applicants have the burden to seek approval of neighbors and maintain a good relationship with them. He stated the City Council has had to deny licenses in the past if there are adverse impacts. City Attorney Thomson reviewed City Ordinance 905.29 Subd. 3 regarding residential kennel licenses and the approval of contiguous property owners stating that “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”. She stated that if the Council finds that there is credible testimony that the residential kennel will have any adverse effect upon adjacent properties it may deny a license. Council Meeting Minutes-7-June 26, 2000 Council Member Sandahl stated that the Council had heard testimony and received letters that this residential kennel would have an adverse affect on the neighbors. M/Sandahl, S/Stokes to deny the request for a new residential kennel license for Fernando Pardo, 7413 Bryant Avenue South. Motion carried 5-0. Item #13AIRPORT STATUS REPORT City Manager Orduno reviewed and discussed that status of the following airport issues: x Report on the progress of the low frequency noise study final reports and the timeline for the FAA’s independent low frequency noise analysis x Discussion of airport legislation and use of the $5 million airport legislative grant is scheduled for the June 29 Special City Council/HRA Meeting Discussion followed regarding the low frequency noise experts reports related to areas of agreement and disagreement and what will be submitted to the FAA. Item #14HOUSING AND REDEVELOPMENT AUTHORITY REPORT City Manager Orduno reported on the following actions from the June 19 HRA Meeting: x Approval of the purchase of 6856 Park Avenue and 6800 Logan Avenue for the Richfield Rediscovered Program x Receipt of a presentation by the Lake Shore Drive Condominium Association concerning goals, objectives and concerns about the proposed City Bella Redevelopment concept x Authorization for staff to negotiate for the purchase of Walser properties if necessary, noting that Opus Northwest and Walser had reported efforts to schedule a meeting to discuss a purchase x Decided to not actively pursue redevelopment in the PASSS area at this time Item #15COUNCIL DISCUSSION ITEMS Council Member Sandahl invited the public to the Fourth of July Celebration events. Council Meeting Minutes-8-June 26, 2000 Council Member Susag requested a vehicle to pull the City Council float in the Fourth of July parade. Mayor Kirsch reminded residents that the latest issue of the Your City newsletter has been delivered and that residents are encouraged to call City Hall if they want further information on any issue. He encouraged the public to purchase Fourth of July buttons to support funding the celebration. He suggested that at a future Study Session that the City Council review the dangerous dog ordinance issue. He also suggested consideration of cable broadcasting HRA and Planning Commission Meetings. Item #13CLAIMS AND PAYROLL M/Sandahl, S/Susag that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 95293 – 95299; 98376 - 98393$72,676.32 H/C98602 - 98948$893,694.91 PAYROLL19845 – 20105$474,829.53 TOTAL$1441,200.76 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:18 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. FerberSamantha Orduno City ClerkCity Manager