04-13-04 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
April 13, 2004
The meeting was called to order by Mayor Kirsch a1.5:00 p.m.
Council Members
Present:
Staff Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich (arrived 5:26); John
Enger; and Sue Sandahl.
Samantha Orduno, City Manager; Mike Eastling, Public Works Director; Dan
Scott, Public Safety Director; Bruce Palmborg, Community Development
Director; Betsy Osborn, Health Administrator; Randy Hughes, Operations
Superintendent; Cheryl Krumholz, Recording Secretary; and Mary Tietjen;
Acting City Attorney.
Item #1
City Manager Orduno stated this item is before the City Council at their request and includes
single-sort recycling and garbage pickup times on main thoroughfares.
Operations Superintendent Hughes introduced BFI representatives, David Wiggins and Dan
Jirik.
Council Member Enger asked BFI why both sides of Penn and Nicollet Avenues and 12th
Avenue garbage pickup is not on the same day.
Mr. Wiggins explained this was the first he was aware of there being a problem and that the
pickup schedule was arranged to even out the day, but it could be changed.
Council Member Enger requested the schedule be changed so residents don't see two days in
a row of trucks.
Operations Superintendent Hughes said the boundaries can be adjusted. He added that the
sidewalk snowplow drivers were supportive of this change.
Council Member Enger asked BFI about their considering single-sort recycling.
Mr. Wiggins explained BFI is taking a conservative approach on single-sort recycling because
it is a large investment to process recycling and the company wants to make sure single-sort is a
good long-term proven product. He said BFI has no timeline in place for changing to single-sort.
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April 13, 2004
Mr. Wiggins said SFI did not need to change to single-sort if the City Council desires less
traffic on the streets - they could do a bi-weekly pickup with the current container.
Council Member Sandahl said the covered container for the single-sort is attractive to
residents.
Council Member Enger said the wheeled-container for single-sort is easier to move for some
seniors, rather than carrying the smaller container.
Mr. Wiggins stated those were valid observations but went on to explain the advantages of an
open container.
City Manager Orduno clarified City Council direction to include a change in the garbage pickup
schedule for main thoroughfares and discuss single-sort recycling again at a future Worksession.
The City Council agreed.
Item #4
City Manager Orduno stated this item is being discussed after Item 1 because the Acting City
Attorney Mary Tietjen is present.
City Manager Orduno explained the latest draft of the City's liquor ordinance reflects the
direction given by the City Council at their September 9, 2003 meeting which is as follows:
. Does allow for alcohol sales to occur up to 2 a.m.
. Does allow for the sale of alcohol to occur on Sundays as early as 10 a.m.
. Does not allow for the delivery of alcohol from businesses in Richfield to private homes
Council Member Sandahl asked for clarification on Section 1205.05, Subd. 3, (a) (3) and (b)
(2) regarding temporary on-sale licenses.
Council Member Enger asked if a fee is charged for the temporary license.
Health Administrator Osborn stated the fee has not yet been determined.
Council Member Enger expressed support for a fee.
Acting City Attorney Tietjen stated she will follow-up on the administrative difference to have
them match State law in the section regarding temporary on-sale licenses.
The City Council agreed that the draft ordinance should move forward to first reading.
Council Member Enger asked how many establishments are open until 2:00 a.m.
Health Administrator Osborn said Chi Chi's, Champp's and Frenchman's, the others have
shown no interest.
Public Safety Director Scott discussed the liquor compliance check timelines and levels of civil
penalties.
Health Administrator Osborn clarified that an establishment must have four consecutive "pass"
checks in order to step back twice in the level of civil penalty.
The City Council agreed with Ms. Osborn's statement.
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April 13, 2004
Item #2
Council Member Rosenberg invited Tim Shields, Animal Humane Society and Jerry Motz,
6310 Washburn Avenue, to participate in the discussion of pet licenses.
Health Administrator Osborn distributed a survey of six cities explaining their pet licensing
policy.
Public Safety Director Scott reviewed the multiple pet licensing issues on which staff is
seeking City Council direction:
1. Name of License
The City Council agreed to change the residential kennel license to multi-pet license.
2. Definition
The City Council agreed to the definition being clearly and distinctly defined in the ordinance,
including that a commercial kennel license cannot be located in a residential area.
3. Lot Size
The City Council agreed the lot size should be a consideration when issuing a license.
Council Member Rosenberg stated pets in duplexes need to be reviewed because it could be
an issue based on lot size.
4. Approving Criteria
Council Member Ulrich stated the neighbors immediately adjacent to the property requesting
the license should have more "weight" in determining the issuance of the license than the others who
are notified, especially those across the street.
Health Administrator Osborn explained that, in 1991, the City Council requested the
notification of 12 neighbors, including across the street.
Tim Shields, Animal Humane Society, said that the consideration of animal maximum
weight/size is variable and an ambiguous type of standard.
Council Member Enger stated the weight/size should not be regulated.
Health Administrator Osborn cautioned that if the number of pets is too low, owners will go
"underground" and not license their pets.
Council Member Rosenberg suggested the City Council consider reducing the total number of
pets from six to four; if more than two dogs and two cats, a license is needed for a maximum of four.
She said limiting to a maximum of two, may not be supported constitutionally. Because this is a very
fluid issue, it is difficult to establish hard and fast regulations but she has received many complaints
from constituents that six pets is too many. The City does need to be careful to not be too extreme,
however.
Jerry Motz, 6310 Washburn Avenue, presented his views on the pet licensing issue, including
not looking at what other cities do, but rather do what is best for Richfield; limit animals to two; license
and leash cats; process to address barking problems; staff handle licensing administratively and not
involve the City Council, violent animal law; exotic animals.
Public Safety Director Scott stated Mr. Motz comments are in the current ordinance and/or
included in the proposed ordinance.
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April 13, 2004
City Manager Orduno explained that policies from other cities are considered to avoid litigation
because going beyond the baseline of common practice is not defensible. Policies from other cities
are not copied, but rather considered.
5. What Other Cities are Doing
6. Licensing Year
The City Council agreed to change the licensing year to a calendar year.
7. Licensing Governance
The City Council agreed to delegating licensing to staff, with a fee-based appeal to the City
Council. It was also agreed to add a revocation hearing process.
8. Recommendations, if City Council Changes the Ordinance
Mr. Motz asked about a barking ordinance.
Health Administrator Osborn explained the public nuisance process.
City Manager Orduno stated the barking incidents could be video taped.
Council Member Sandahl stated support for a grandfather clause or sunset date if the
ordinance changes.
Council Member Ulrich asked Ms. Osborn how the CSO's felt about a specific ordinance to
address barking.
Health Administrator Osborn explained addressing barking problems is difficult because it is
so variable.
Resident, unknown name, asked if using a videotape would be an encroachment on privacy.
Public Safety Director Scott said he will check into that issue.
Council Member Sandahl asked the City Council if they wanted more than four animals in a
Richfield home.
Council Member Enger said no.
Council Member Rosenberg said the limit should be four pets.
Mr. Shields said the current ordinance allows four pets - two cats and two dogs. There are
many residents who have more than four now.
Council Member Ulrich said police could issue multiple citations if a change in the ordinance
results in no licensing.
City Manager Orduno stated minimum standards for the lost size could be established.
Council Member Sandahl suggested an overall lot dimension or average size to avoid having
to measure.
Council Member Sandahl stated support for two dogs and two cats with a license required for
a third, with three dogs maximum.
Mr. Shields stated anytime the limit is under four, there will be a problem in Richfield.
The City Council directed staff to conduct the additional research needed and return to the
City Council for discussion at a future Worksession.
Council Member Ulrich expressed support for a cat leash law.
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April 13, 2004
Public Safety Director Scott said catching cats is very difficult.
City Manager Orduno said the CityCoLlncil may not want Police Officers chasing cats.
Item #3
City Manager Orduno stated this item is before the City Council for discussion because the
expansion of snow regulation enforcement to include part-time and non-police personnel was set as a
goal at the January 2004 Council/Staff Strategic Planning Worksession.
Council Member Enger stated his intent was not to keep seasonal staff on, but rather have
them called back on a day by day basis.
City Manager Orduno explained this was problematic related to employee status.
Public Works Director Eastling reviewed the current City Code which allows Public Works
supervisors to issue snow bird tickets and the proposed ordinance allowing full-time Public Works
employees to issue snowbird tags.
Council Member Enger expressed concern regarding taking staff away from their primary
duties.
Operations Superintendent Hughes stated that was not a concern.
The City Council directed staff to proceed with first reading of the ordinance.
Item #5
City Manager Orduno stated the use of billboard advertising was cost prohibitive and, for that
reason, this goal is considered completed.
Date Approved: April 27, 2004
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Cheryl Kr mhol~
Recording Secretary