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05-25-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 25, 2004 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; John Enger; and Gertrude Ulrich. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Bruce Palm borg, Community Development Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant to City Manager; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Staff Present: Russ Susag, 7305 First Avenue, Richfield Tourism Promotion Board Chair, distributed the new Richfield visitor's guide and encouraged use of the web site: www.visitrichfield.com. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Member Enger stated because he was absent for the vote on Item 10 - Consideration of a Second Reading of an Ordinance Amendment relating to City Council salaries, he requested the May 11, 2004 Regular City Council meeting minutes be noted to indicate his being against the motion to approve. City Manager Orduno said that once a vote is taken, the minutes cannot be amended. She suggested he request tonight's minutes reflect his vote. Council Member Enger requested that tonight's minutes reflect his being against the City Council pay raise for 2005. Council Meeting Minutes -2- May 25, 2004 M/Rosenberg, S/Sandahl to approve the minutes of (1) Richfield Board of Equalization of May 4. 2004: (2) Special City Council Meetino of May 7. 2004: (3) Special Concurrent City Council/HRAlPlannino Commission Worksession of May 11. 2004: and (4) Reoular City Council Meetina of Mav 11. 2004. Motion carried 5-0. Item #1 Council Member Rosenberg discussed the June 26 and 27 Richfield Beautiful Home & Garden Tour. She expressed appreciation to the Richfield Tourism Promotion Board for their funding. She also acknowledged the support of the business community in the Landscaping Award program, including Bachman's, M & I, VFW and American Legion. Council Member Ulrich distributed a newspaper clipping, "Twin Cities couple are new owners of Pipestone RV Campground", related to Richfield's former Fire Services Director Kevin McGinty. Council Member Ulrich discussed a May 18, 2004 Star Tribune article regarding a recent MAC meeting and the proposed low frequency noise (LFN) noise study. She acknowledged the press release related to "Sabo announces $8 million Noise Mitigation Grant at MSP". Council Member Enger asked if the $8 million lessens the burden on NWA. Council Member Ulrich stated no, the original amount still needs to be contributed. Council Member Sandahl reported on the May National League of Cities Your City's Families Conference. She suggested the City Council move forward with establishing a task force to develop a City theme and help frame issues to sustain and enhance the City's family friendly community. This would be a city-side effort. Council Member Rosenberg added that Best Buy and M & I Bank had representatives at the conference and there is a good partnership with the school, city and businesses. She said the Richfield Community Council and Visions 2020 could be part of the task force. Mayor Kirsch asked for further discussion of the task force at a City Council Worksession. City Manager Orduno suggested a Worksession may not be necessary and that the City Council make a formal motion directing staff to establish the initial task force to keep the momentum moving forward, Council Member Enger requested discussion at a City Council Worksession before making a decision on the task force. He asked which staff attended the conference. City Manager Orduno stated the Public Safety Director, Recreation Services Director, Community Development Director and she attended. Council Member Rosenberg said she believed this discussion warranted a special meeting night. Council Member Enger stated he preferred not to have a meeting on another night. He asked the status of the parking issues, which is to be discussed again by the City Council. City Manager Orduno said staff is working on the ordinances and the revisions may come before Council in July. Council Member Sandahl suggested the City Council conduct a Worksession on June 8 following the regular City Council meeting to discuss the task force. Council Meeting Minutes -3- May 25, 2004 The City Council agreed. Item #2 Assistant to the City Manager Dmytrenko announced the following airport-related meetings: . MAC Planning and Environment Meeting; June 9; 9:00 a.m.; terminal building - agenda includes the MSP role in the LFN study and the Part 150 Program . Full MAC meeting; June 21; 1:00 p.m.; terminal building Item #3 Mayor Kirsch requested Item 10 be moved to follow the Consent Calendar because there were residents in attendance to speak on this item and the City Council may decide to table discussion to June 8, 2004. M/Rosenberg, S/Sandahl to approve the aQenda as amended. Motion carried 5-0. Item #4 A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 5. B. Removed from the consent calendar and placed on the regular agenda for consideration as Item 5. C. Approved resolution transferring Board of Equalization authority to Hennepin County for three-year period beginning in 2005 S.R. No. 87 RESOLUTION NO. 9467 RESOLUTION AUTHORIZING THE TRANSFER OF BOARD OF EQUALIZATION DUTIES TO HENNEPIN COUNTY FOR A THREE-YEAR PERIOD COMMENCING IN 2005. This resolution appears as Resolution No. 9467 in Resolution Book No. 75. D. Approved resolution granting off-street parking permit at 7514-16 Lyndale Avenue S.R. No. 88 RESOLUTION NO. 9468 RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 7514-16 L YNDALE AVENUE This resolution appears as Resolution No. 9468 in Resolution Book No. 75. Council Meeting Minutes -4- May 25,2004 E. Approved awar~ of cont.ract to Effective Golf Course Systems for Phase One feasibility study and other planning services for proposed golf practice facility in Richfield in amount of $900 SR. No. 89 F. Approved bid minutes/tabulation for purchase of new aerial lift truck for use by Street Maintenance Division from Dueco, Inc. for total of $96,658.34 S.R. No. 90 Council Member Enger asked to remove Items 4A and 48 from the Consent Calendar and place them on the regular agenda as Items 5A and 58. M/Enger, S/Rosenberg to approve the Consent Calendar. Motion carried 5-0. Item #5 4A. Consideration of approval offirst reading of transitory ordinance authorizing full- time Public Works employees to issue violation notices amending Richfield City Code Subsection 115.11, Subd. 5 S.R. No. 85 Council Member Enger presented Staff Report No. 85 regarding consideration of approval of a first reading of a transitory ordinance authorizing full-time Public Works employees to issue violation notices amending the Richfield City Code Subsection 115.11, Subd. 5. Council Member Enger clarified that his request at the January 2004 City Council/Staff Strategic Planning Worksession was to have summer part-time seasonal staff called back in the winter to issue snowbird tags. He asked if the Public Works full-time staff included in the proposed ordinance would result in overtime. Public Works Director Eastling stated there could be some overtime for Engineering staff if it snows during non-regular business hours. Council Member Enger said the reason he wanted seasonal staff for call-in was to prevent overtime. He wondered if this matter was fully investigated and if there was a cheaper way. Public Works Director Eastling stated most seasonal staff are college students who are younger, less-experienced and the City needs to exercise caution in the use of Public Works staff because they are non-uniform personnel issuing citations in potentially tense situations. He added that the Public Safety Director has concerns regarding safety and the need for training because Public Works staff is performing a quasi-police function. Council Member Enger stated it was not a Police function and the staff would be in a City- vehicle traveling with the snowplow. He added that the City of S1. Paul uses anybody and everybody who can come in to work. Council Member Ulrich expressed concern regarding anyone but a Police Officer issuing citations. Public Safety Director Scott stated the main concern is safety and a need for Iife- experienced staff and training. Council Member Enger asked about the differences between the previous community services department and public works department as indicated in the ordinance. City Manager Orduno explained that the public works department was previously named the community services department. She added that updates like this are done on a fairly regular basis and that the change in the department name is referenced in other sections of the City Code. Council Member Enger said the code should be updated so it is accurate. Council Meeting Minutes -5- May 25, 2004 Council Member Enger stated that overtime should be avoided as much as possible, but he wants snow tags issued. Public Safety Director Scott explained the communication mechanisms used to notify the residents of the snow ordinance. Council Member Sandahl asked Public Safety Director Scott if he was comfortable with the proposed ordinance and that no one was at risk. Public Safety Director Scott stated he was very comfortable with the ordinance. M/Sandahl, S/Rosenberg to approve the first readinq of a transitory ordinance authorizinq full time Public Works emplovees to issue violation notices: amendinq Richfield City Code Subsection 115.11. Subdivision 5 and schedule the second readinq for June 22, 2004. Motion carried 5-0. 48. Consideration of approval of resolution authorizing purchase of real property at 6805-12th Avenue and 6329-14th Avenue and first reading of transitory ordinance authorizing sale of properties to HRA for affordable home development and schedule public hearing and second reading for June 22, 2004 S.R. No. 86 Council Member Enger presented Staff Report No. 86 regarding consideration of approval of a resolution authorizing purchase of real property at 6805 12th Avenue and 6329 14th Avenue and first reading of a transitory ordinance authorizing sale of properties to HRA for affordable home development and schedule public hearing. and second reading for June 22,2004. Council Member Enger asked if it was prudent to redevelop these two properties because of their close proximity to airport noise and the possibility of the homes not being there long-term. He also asked if the homes would be soundproofed enough for the airport noise they may be subjected to in the future. City Manager Orduno stated the 87dB noise contour on any of the maps has not extended to 12th or 14th Avenue. The City cannot be 100% sure this will not change but sufficient reasonableness and projections need to be used in revitalizing and sustaining the community. Because the homes are not in the noise mitigation area they will not be soundproofed and noise experts believe the area is far enough away from noise levels that are incompatible with single family homes. Council Member Enger said the City does not know how bad the new runway noise is going to be so there may be a better use of CDBG elsewhere in the community at this time. He stated he does want to fully redevelop the east-side but maybe not now since noise levels are unknown. City Manager Orduno said a buyout could potentially be many, many years away given the MAC and NWA status and homes closest to the runway would be taken first. Council Member Enger said if the City finds that the 87dB or more noise contour is at 12th Avenue, the City should file action against the FAA and the State for damages because the noise level will destroy the east side. Aircraft is not that much quieter for low frequency noise. City Manager Orduno stated the LFN measurement needs to be accepted and mitigated and could be a long conflict with MAC and NWA. Council Member Enger said the entire State bears the ultimate responsibility. Mayor Kirsch asked if both homes are to be demolished. Community Development Director Palmborg explained one is to be rehabilitated and the other demolished. M/Sandahl, S/Ulrich that the followinq resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: conduct the first readinq of a transitory ordinance authorizinq the sale of the properties to the Housinq and Redevelopment Authoritv for Council Meeting Minutes -6- May 25, 2004 affordable home development and schedule the public hearino and second readino for June 22. 2004. RESOLUTION NO. 9466 RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED AT 680512TH AVENUE AND 6329 14TH AVENUE Council Member Sandahl stated she is comfortable with moving forward on this acquisition because on the noise contour map, these homes are west of the noise line. She said that, practically, Richfield has limited power with the State on airport accountability. Council Member Enger asked if the homes on 12th and 14th Avenues are sound insulated. Community Development Director Palmborg said no. Council Member Enger questioned the $50,000 that may come from a non-profit developer for the purchase at 6329 14th Avenue. Community Development Director Palmborg said the funds have to come from a non-profit but a developer has not yet been identified. City Manager Orduno added that the funds are not from the HRA not City. Mayor Kirsch called the question. Motion carried 5-0. This resolution appears as Resolution No. 9466 in Resolution Book No. 75. Item #10 Mayor Kirsch stated the applicant was unable to attend tonight's City Council meeting due to a work commitment. City Manager Orduno explained the City Council could take public testimony tonight or wait on everything. She stated the applicant notified stafUhat she is unavailable on June 8, but could attend the June 22 City Council meeting. Council Member Enger asked if City Council action tonight was appropriate if public testimony includes objections to the license and the applicant is not present. City Manager Orduno said yes. Public Safety Director Scott presented Staff Report No. 95 regarding re-consideration of a six month temporary multi-pet license for 6310 Vincent Avenue; four dogs and two cats. Public Safety Director Scott explained the applicant was encouraged to attend tonight's meeting because the City Council could take action. Ms. Dahnke's attorney informed staff a different date was preferred. Council Member Rosenberg asked the reason the applicant was not present. Council Meeting Minutes -7- May 25, 2004 Public Safety Director Scott stated tonight was a work conflict and June 8 she is out of town. Council Member Sandahl asked about the timeline for the revised ordinance on the multi- pet license. City Manager Orduno said the ordinance should come before the City Council at the first meeting in July. The City Council invited the neighbors in attendance to address the City Council. David Westermoe,6311 Washburn Avenue, spoke against the license because the barking problems have continued. He said staff was not aware if the owner had purchased the four anti- barking collars as directed by the City Council. He added that there is a prevalent odor from the yard. Mayor Kirsch asked Public Safety Director Scott about the anti-bark collars. Public Safety Director Scott explained that from April 14, one call has been received regarding the barking and the lack of anti-bark collars. The collars have not been seen by the CSO, nor have additional complaint calls been received. Tom Schubert, 6314 Vincent Avenue, stated he has seen no change in the barking situation. He added there are backyard maintenance issues and a dumpster has been on the property since the beginning. of the year. Donna McLain, 6304 Vincent Avenue, stated she feels as though there is retaliation going on since the last City Council meeting when this issue was discussed. She expressed regret that this problem has escalated. The City Council requested staff check on the yard maintenance and dumpster. Council Member Ulrich stated strong disapproval of multiple pets on small lots and in small homes like in Richfield. She stated this is now a personal issue because her son was attacked by a dog. Through this experience she has learned dog issues are a concern to insurance companies and a liability toa city. Council Member Rosenberg asked about Richfield's dangerous dog ordinance. Public Safety Director Scott explained the City follows the Minnesota Statute regarding dangerous dogs. Council Member Ulrich said it appears the more dogs on a property, the more likelihood of problems. M/Enger, S/Ulrich to deny the multi-pet license for Janice Dahnke. 6310 Vincent Avenue. Council Member Enger stated that if the applicant would like this issue reconsidered, the City Council could discuss it again. Council Member Sandahl stated she would like to hear testimony from the applicant and wanted to postpone action to the June 22 City Council meeting, taking action then even if the applicant was not present. Council Meeting Minutes -8- May 25, 2004 Council Member Rosenberg expressed support for the motion because it's been six months, the neighbors have been cooperative, and the applicant can appeal the decision. She believed waiting another month was unacceptable. Mayor Kirsch expressed support for the motion because the anti-bark collars have not been used and that is not a show of good faith. Council Member Sandahl stated that even if the license is denied, the applicant can keep two dogs of her choosing and doesn't need to use the anti-bark collars so denial of the license is not necessarily the solution. Motion carried 4-1. (Sandahl opposed.) Council Member Enger asked about enforcing the use of anti-bark collars. City Manager Orduno stated the applicant has 30 days to reduce the number of dogs to two. Time needs to pass to determine if barking continues so anti-bark collars cannot be required at this time. If the problem continues, the barking can be handled as a nuisance to the neighbors according to the City ordinance. Council Member Enger requested the neighbors call the City as soon as possible regarding barking and/or odors. Public Safety Director Scott said the neighbors should call 861-9800 or 9-1-1. Council Member Enger explained there may have been a misunderstanding with the granting of the temporary license - the neighbors may have believed the applicant had six months to address the barking issues so they did not report any problems during that time. City Manager Orduno suggested options to track problems, including the use of video cameras and tape recorders. Mr. Schubert asked if there could be legal ramifications related to invasion of privacy. City Manager Orduno said no. Council Member Ulrich suggested the neighbors keep a written record also. Public Safety Director Scott stated that would help, but a call to Public Safety would be preferred. Item #6 Council Member Ulrich presented Staff Report No. 91 regarding a resolution granting preliminary approval to financing of a project undertaken by Academy of Holy Angels pursuant to Minnesota Statutes, Section 469.154 and authorizing submission of an application to Minnesota Department of Employment and Economic Development. Council Member Ulrich said the Academy of Holy Angels desires to purchase the land from the Order ofthe Nuns on which the school is located. The City serves as a conduit for the project financing and has no financial liability. Joe O'Neal and Joe Uhrich, Academy of Holy Angels representatives, thanked the City Council for their support of the school. Council Meeting Minutes -9- May 25, 2004 M/Rosenberg, S/Sandahl to close the public hearinQ. Motion carried 5-0. M/Ulrich, S/Enger that the followinQ resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9469 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE FINANCING OF A PROJECT UNDERTAKEN BY ACADEMY OF HOLY ANGELS PURSUANT TO MINNESOTA STATUTES, SECTION 469.154, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS Motion carried 5-0. This resolution appears as Resolution No. 9469 in Resolution Book No. 75. Council Member Enger asked if additional trees will be planted. Mr. Uhrich said the original plan indicated three plantings, but it was switched by the City Council to ivy on the north side of the addition. Item #7 Council Member Enger presented Staff Report No. 92 regarding a second reading of ordinance amendments to Richfield Zoning Code Section 506 and 526 and Richfield City Code Section 920 to create regulations for firearms related uses (continued from March 23 and April 27, 2004). M/Rosenberg, S/Enger to close the public hearinQ. Motion carried 5-0. Council Member Ulrich asked about the enforcement of Condition "Q" in the ordinance related to on-site supervision. She suggested inspections equivalent to the tobacco and alcohol sales compliance checks be conducted. Public Safety Director Scott explained that enforcement is still being reviewed and currently is not in place. Council Member Sandahl said the ordinance before the City Council is better than the original ordinance related to Condition "K"and the type of ammunition used and the type of construction. Council Member Enger suggested that when the license is issued, the applicant be informed and that certified on-site supervision is required. If a Police Officer does an inspection Council Meeting Minutes -10- May 25,2004 and finds non-compliance, the City Council should automatically revoke the license because of the potential hazard. M/Enger, S/Sandahl that this constitutes the second readina of Bill No. 2004-5 approvina the ordinance amendments to the Richfield Zoninq Code Sections 506 and 526 and the Richfield City Code Section 920 to create requlations for firearms related uses, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8 Council Member Sandahl presented Staff Report No. 93 regarding a disciplinary hearing and consideration of a resolution regarding civil enforcement for Frenchman's, 1400 East 66th Street, that underwent alcohol compliance check conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth. Council Member Sandahl asked about the outcome in court for the employee who sold the alcohol to the minor. Public Safety Director Scott explained the employee appeared and was found guilty. He said what is before the City Council tonight is a separate issue from the employee's outcome. Frenchman's - 1400 East 66th Street - Sean Clerkin admitted the violation occurred and stipulated to the suspension and civil penalty. M/Sandahl, S/Enger that the followinq resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9470 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR FRENCHMAN'S, 1400 EAST 66TH STREET, AND IMPOSING A CIVIL PENALTY FOR A FIRST TIME ALCOHOL COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 9470 in Resolution Book No. 75. Item #9 Council Member Rosenberg presented Staff Report No. 94 regarding a resolution approving a 2004 labor agreement between the City of Richfield and Law Enforcement Labor Services, Local 123 bargaining unit for January 1, 2004 through December 31,2004. Council Meeting Minutes -11- May 25, 2004 M/Rosenberg, S/Sandahl that the followinQ resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9471 RESOLUTION APPROVING LABOR AGREEMENT BE1WEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2004 Motion carried 5-0. This resolution appears as Resolution No. 9471 in Resolution Book No. 75. Item #11 M/Rosenberg, S/Sandahl that the followinQ claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 131945 - 132224 PAYROLL 38508 - 38615 TOTAL $ 957,239.53 $ 442,579.19 $ 1,399,818.72 Motion carried 5-0. Item #12 The City Council. meeting was adjourned by unanimous consent at 8:14 Date Approved: June 8, 2004 c~o~ Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening May 11, 2004 10:00 a.m. One Aerial Truck Bid No. 04-05 Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the purchase of one Aerial Truck, as advertised in the official newspaper on April 22, 2004 and the Construction Bulletin on April 23, 2004. Present: Nancy Gibbs, City Clerk Randy Hughes, Public Works Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Vendor Bond Total Base Bid Trade-In Altec Industries Inc. Provided $99,998.00 $4,000.00 Dueco Provided $95,759.00 $5,000.00 Fleet Sales Provided $113,473.00 $4,260.00 Check The City Clerk announced that the bids would be tabulated and considered at the May 25,2004 City Council Meeting. \fu~~MM Nancy Gib City Clerk