06-22-04 Worksession
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
June 22, 2004
The meeting was called to order by Mayor Kirsch at 5:32 p.m.
Council Members
Present:
Staff Present:
Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and
Sue Sandahl (arrived at 5:37 p.m.).
Samantha Orduno, City Manager; Betsy Osborn, Health Administrator; Cheryl
Krumholz, Recording Secretary; and Corrine Thomson, City Attorney.
Item #1
Health Administrator Osborn introduced Advisory Board of Health (ABH) Members Charlie
O'Brien, Chair; Kurt Johnson; Carlene Ulmer and Jo Romer.
Chair O'Brien provided background related to the ABH's review process and proposed
ordinance revisions for the discipline of establishments who fail tobacco compliance checks. He also
discussed the City costs for the checks and the dedication of the generated revenue to tobacco
education efforts.
Mr. O'Brien said after additional discussions, the Advisory Board of Health has decided to
increase the proposed administrative fee from $50 to $100 for individuals, other than licensees, found
to be in violation.
Council Member Enger asked about collecting from the clerk who was in violation and if the
fee was not paid, holding the employer responsible.
Health Administrator Osborn explained past practice has been not to charge the clerk but a bill
could be sent. Going to court would be costly.
Council Member Sandahl asked about the employer being notified of the clerk's fee.
City Attorney Thomson explained that typically no employer can be held responsible for
financial responsibilities of the employee. The fee would be a civil penalty and is an ethical
prohibition to use the criminal process in a civil matter. She agreed to check with other cities on the
payment by the violating clerk.
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June 22, 2004
Jo Romer stated that some larger corporations fine the clerk internally and have a fine-
discipline-discharge progression.
Council Member Sandahl suggested if the $100 fine is not paid, the employer should be
charged.
City Attorney Thomson stated the ordinance would need to be revised to indicate that if the
clerk's fine is not paid by a certain time, additional penalties will be imposed. She will review the
State Statute regarding limitations of penalties on certain activities.
Ms. Thomson sought clarification of the intent of the progressive penalties after a second
violation and the lack of an opportunity for establishments to have a clean slate.
Health Administrator Osborn stated the progressive discipline could be established similar to
the alcohol compliance discipline.
The Advisory Board of Health representatives agreed.
Mayor Kirsch said administration of similar ordinances would be easier to enforce.
City Manager Orduno stated the Advisory Board of Health could review the proposed
ordinance again and return to the City Council with a first reading at a future meeting.
The City Council agreed.
Council Member Sandahl asked about the no smoking in bars issue.
Health Administrator Osborn said the Advisory Board of Health is reviewing this issue.
Item #2
City Manager Orduno stated the revisions for multi-pet licenses need to be finalized so
licensing can be handled administratively instead of by the City Council. She suggested that approval
of all contiguous property owners should be required before an application is considered.
Health Administrator Osborn reviewed the direction received from the City Council at the April
13, 2004 Worksession. She expressed support for obtaining all continuous property owner
signatures or no license is issued.
City Attorney Thomson clarified that two cats and two dogs do not require City permission, but
if a third of one or the other is wanted, a multi-pet license must be granted administratively. If there is
an appeal, the application can go before the City Council at a cost.
Health Administrator Osborn distributed additional suggestions for the ordinance received by
e-mail from City Attorney Thomson.
Health Administrator Osborn sought clarification regarding breeding services when puppies
are not kept for longer than six months.
Council Member Enger stated no breeding services are permitted.
Health Administrator Osborn asked about providing a stud service versus taking a female for
breeding and having the puppies in Richfield.
Council Member Enger stated that should not be permitted when services are for sale.
Council Member Sandahl said on-going breeding could be argued as a business similar to a
commercial kennel.
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June 22, 2004
City Attorney Thomson stated the..current ordinance does not restrict the number of puppies
under six months. . .
Health Administrator Osborn said complaints are typically about adult dogs and barking.
City Attorney Thomson stated the ordinance should be revised if any number of dogs for
breeding purposes is not allowed and clarify differences for a grooming business.
City Attorney Thomson discouraged not considering an application unless all contiguous
property owners' signatures are obtained because there may be other issues that are inappropriate
reasons for not signing. She said it was better for staff to make an independent judgement to
evaluate the credibility.
Council Member Sandahl suggested all abutting neighbors need to sign with some exceptions.
Mayor Kirsch stated a revised ordinance would assist staff in administering the pet licenses
fairly and equitably.
City Manager Orduno asked about the penalty for when staff becomes aware, through
complaints, that a residence requires a multi-pet license.
Health Administrator Osborn said no fee is currently collected.
City Manager Orduno suggested make the fine double in situations like this, otherwise there is
no penalty or incentive to obtain a license.
Council Member Sandahl asked if the fees cover staff time.
City Manager Orduno said in some cases yes, some cases no.
Council Member Ulrich expressed support for a penalty if the ordinance is violated.
City Attorney Thomson stated the City's administrative fee process or criminal prosecution
could be options.
The City Council requested the ordinance be returned to the City Council for first reading at a
future City Council meeting.
The meeting was adjourned by unanimous consent at 6:19 p.m.
Date Approved: July 13, 2004
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Ma . J. Kirsc .
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Recording Secretary