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09-09-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting September 9, 2003 The meeting was called to order by Mayor Kirsch at 6:33 p.m. Members Present: Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue Sandahl. Members Not Present: Susan Rosenberg. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Kevin McGinty, Fire Services Director; Bill Fillmore, Municipal Liquor Operations Director; Betsy Christensen, Health Administrator; Brad Sveum, Assistant Fire Chief/Fire Marshal; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Ulrich to determine the absence of Council Member Rosenberq as an excused absence. Staff Present: Motion carried 4-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Mayor Kirsch amended the agenda as follows: . Item #16 was moved to follow Item 9 because the applicant and neighbors were in the audience. . Item 12 was deferred to the October 14, 2003 City Council meeting so discussion could take place when all Council Members are present . Item 17 was deferred to the September 23, 2003 City Council meeting to allow time for additional interviews to be conducted. Council Meeting Minutes -2- September 9, 2003 M/Ulrich, S/Sandahl to approve the minutes of (1) Special City Council Meetina ofAuaust 12. 2003: (2) Reaular City Council Meetina of Auaust 12. 2003: (3) Special City Council Budaet Meetina of Auaust 13. 2003: and (4) Special City Council Meetina of Auaust 19. 2003. Motion carried 4-0. Item #1 Mayor Kirsch read a resolution recognizing and commemorating City Attorney Clayton LeFevere for his many years of service to Richfield. Mr. LeFevere passed away on August 15, 2003. M/Sandahl, S/Ulrich that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9378 RESOLUTION RECOGNIZING AND COMMEMORATING CITY ATTORNEY CLAYTON L. LEFEVERE FOR HIS MANY CONTRIBUTIONS TO RICHFIELD Motion carried 4-0. This resolution appears as Resolution No. 9378 in Resolution Book No. 74. Mayor Kirsch requested a copy of the resolution be sent to Mr. LeFevere's wife and his three sons. Item #2 Jim Hovland, 494 Commission Chair, presented an overview of the goals and accomplishments of the commission. He acknowledged the participation of Council Member Sandahl and the efforts of City staff, Bruce Sylvester, Zoning Administrator, and Chris Regis, Finance Manager. David VanHattum, representing 494 Commuter Services, presented information regarding commuter services. Council Member Sandahl stated appreciation for the presentation on ways to ease traffic congestion. The City Council thanked the 494 Commission for their work. Item #3 Council Meeting Minutes -3- September 9,2003 Council Member Enger present~g,9i):~~rtificat~of.Recognition commemorating the 50th anniversary of Fred Babcock VFW Posf#5555 to Howard Bunce, VFW Commander. Mr. Bunce thanked the City Council for their support. The City Council thanked the VFW for their financial contributions to the community. Item #4 Dave Delzer, 6424 14th Avenue, Friendship City Commission Chair, provided an update on the commission's goals and accomplishments related to their sister city relationship with Heredia, Costa Rica. The City Council thanked the commission for their efforts. Item #5 Council Member Ulrich announced the FOWL Ball Golf Klassic event on September 13. She said proceeds benefit Wood Lake Nature Center programs. Council Member Ulrich announced she will not attend the September 23 City Council meeting because she will be at the Air Force Academy in Colorado Springs, Colorado. Council Member Ulrich referenced an article in the Sunday Star Tribune OpEx section regarding the cost of roads. Council Member Enger asked residents to water young trees due to the current drought conditions. Council Member Enger reported on recent discussions he had with Richfield's airport noise expert and suggested the City conduct an airport noise study to obtain a baseline of noise levels before the new North-South runway is in operation. He said the noise expert suggested the study could be done for 10 days at a low cost. Council Member Enger suggested the City Council ask the City Manager to seek a noise expert to conduct a study of low frequency noise as soon as possible, before winter so the study can be accurate. Council Member Sandahl stated she concurred with conducting a noise study. Mayor Kirsch stated a noise benchmark is needed and asked about funding sources. City Manager Orduno replied the funding would probably be out of the fund balance. M/Enger, S/Sandahl to direct the City ManaQer to seek a noise expert to conduct a study on low frequency noise to establish a baseline prior to the operation of the new North-South runway at the Minneapolis-St. Paul Airport. Council Member Ulrich stated she is a representative to the Noise Oversight Committee and not much progress is being made. She said if the study is funded by MAC or NWA, it could be tainted so the study would have more credibility if the City funded it. She expressed reluctance to spend money on extra studies due to the budget situation but the City is in a dangerous situation because of the new runway's impact. She added that for Richfield to bear the noise impact and do nothing would be unconscionable. Council Meeting Minutes -4- September 9, 2003 Motion carried 4-0. Mayor Kirsch asked if the noise study proposal would be brought before the City Council for approval. City Manager Orduno said yes, after a Request for Proposal process so the City Council can select the noise expert of their choice. Item #6 City Manager Orduno suggested the City Council schedule a Special Worksession to discuss budget issues. MtSandahl, StEnger to schedule a Special Citv Council Worksession on September 30. 2003 at 5:30 p.m. to discuss budqet issues. Motion carried 4-0. Item #7 MtUlrich, StEnger to approve the aqenda as amended. Motion carried 4-0. Item #8 A. Approved resolution authorizing agreement between Minnesota Department of Public Safety and City of Richfield Public Safety Department to accept joint grant funds for payment of overtime for officers involved in Safe and Sober Program S.R. No. 193 RESOLUTION NO. 9379 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS TO BE USED FOR THE PAYMENT OF OVERTIME FOR OFFICERS INVOLVED IN THE SAFE & SOBER PROGRAM This resolution appears as Resolution No. 9379 in Resolution Book No. 74. B. Approved resolution authorizing amendment to final development plan and conditional use permit for Gramercy Park Cooperative, 6711 Lake Shore Drive S.R. No. 194 RESOLUTION NO. 9380 RESOLUTION GRANTING APPROVAL OF AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT GRAMERCY PARK COOPERATIVE, 6711 LAKE SHORE DRIVE This resolution appears as Resolution No. 9380 in Resolution Book NO.7 4. Council Meeting Minutes -5- September 9,2003 C. Approved purchase order to L8~ftl~~,Comp~qi~s, Jnc. for Public Safety Department recording, dictation, transcribirig'ahd call1ogging/tecording equipment in amount of $82,878 S.R. No. 195 D. Approved itinerant amusement and itinerant food licenses for Richfield Visions, Inc. for Richfield Cattail Days events at Veterans Memorial Park of Richfield on September 20,2003 S.R. No. 196 E. Approved renewal of commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue S.R. No. 197 F. Approved new multi-animal residential license for 6501-14th Avenue; four cats S.R. No. 198 Council Member Sandahl expressed appreciation that the issues related to Item 88 were resolved. M/Enger, S/Sandahl to approve the Consent Calendar. Motion carried 4-0. Item #9 None. Item #16 Council Member Enger presented Staff Report No. 205 regarding consideration of a new multi-animal residential kennel license for 6310 Vincent Avenue, who have four dogs and four cats. Janice Dahnke, 6310 Vincent Avenue, applicant, explained how she handles the barking problems that concern her neighbors and that she asked her surrounding neighbors to sign the letter to grant the license which gives her time to move and keep her animals. Council Member Sandahl asked about the kind of fence on her property. Ms. Dahnke said it is a chain link fence. Council Member Enger asked about the types of dogs she owns. Ms. Dahnke said there are two large and two small dogs. She added the cats do not go outside. Council Member Enger suggested that Ms. Dahnke put a screen in the chain link so the dogs can't see the neighbors. Tom Schubert, 6314 Vincent Avenue, stated he did not support the license because he cannot go into his backyard without the dogs barking. He expressed concern about the ability to sell his own property and the neighborhood in general. Council Meeting Minutes -6- September 9, 2003 Council Member Sandahl clarified that the license before the City Council is not permitting an outside kennel building for the dogs, but addresses the permission to keep the number of dogs. Tony Cleary, 6305 Washburn Avenue, stated support for the license because he does not have a problem in his backyard with the barking and the dogs are not outside that much. Donna McLain, 6304 Vincent Avenue, stated she did not support the license because of the barking and the problem has escalated. She said the screened fence would not help. She expressed concern about Ms. Dahnke's property deteriorating on the outside. David Westermoe, 6311 Washburn Avenue, stated he did not support the license because of the barking and lack of discipline which makes it difficult to be in his backyard or sit on his deck. Amy Stonehouse, 7238 Nicollet Avenue, stated support for the license because the dogs are well-kept and good-tempered dogs and not a threat. She said she works with dogs and believes a bark collar could be a solution. Council Member Sandahl asked if Ms. Stonehouse provided training to these dogs. Ms. Stonehouse said no, but she would be willing to provide personal training. Council Member Enger asked Ms. Stonehouse if anti-barking collars worked. Ms. Stonehouse said the collars were very successful, but there are other training methods. Council Member Sandahl asked Ms. Stonehouse if the barking would stop if a six-foot high privacy fence was installed since the dogs could not see the neighbors. Ms. Stonehouse expressed her opinion that the dogs are overly friendly and want to greet people. She said the smaller dogs would probably not bark with the fence in place. She added that if the larger dogs did not bark, the smaller ones wouldn't either. Council Member Ulrich asked Ms. Stonehouse if the barking would stop if the neighbors were friendly to the dogs. Ms. Stonehouse said yes, probably for the smaller ones, but the need is to concentrate on the larger dogs. Nila Schubert, 6314 Vincent Avenue, stated she believed it was unhealthy to have that many animals inside a house for a long period of time. She added that the rules of the City need to be followed. Council Member Enger asked if it was possible to grant the license with the condition of installing a privacy fence. City Manager Orduno stated the City Council can place conditions on the license and if they're not followed, the license is null and void. Council Member Enger stated conditions need to be imposed and met to grant the license. Council Member Sandahl asked the period of time covered by the license. City Manager Orduno said one year. Council Member Sandahl stated she hears many changes the neighbors need to make to avoid the barking and they have been annoyed. She added that not granting the license means Ms. Dahnke can keep two dogs and that could mean keeping the larger, barking dogs. She stated support for the license with the condition of installing a privacy fence or using bark collars and if the problems continued, not extend the license. City Manager Orduno stated the City Council could grant a conditional license with a stipulation to return to the City Council within a certain period of time. Council Meeting Minutes -7- September 9,2003 Council Member Enger stated the privacy fence would be costly and may not work. He suggested granting a 60-day license l!Yim.tl:1~8onditipl1 of using bark collars on the large dogs and seeking professional dog training and "ret&rni'ng to the' City Council at the end of this timeframe to review the license. Mayor Kirsch stated he did not support installing a privacy fence. Council Member Sandahl asked Ms. Stonehouse if 60 days or 90 days was a sufficient timeframe. Ms. Stonehouse stated the bark collar training is successful in 48 hours. She added no professional training would be necessary with the use of the bark collar because the collar is training itself. She said the handler is responsible for placing the collar consistently on the dog. Council Member Ulrich asked if a 30-day timeframe was more appropriate since we are entering weather when people will not be outside. Ms. Stonehouse said the collars are ordered by mail and could take two weeks for delivery. M/Enger, S/Sandahl to qrant a 60-day multi-animal residential kennel license for 6310 Vincent Avenue with the condition of the owner obtaininq and usinq a doq bark collar on the two larqe doqs to try and stop the barkinq that is annoyinq the surroundinq neiqhbors. Motion carried 4-0. City Manager Orduno said review of the license will return to the City Council at their second meeting in November. Item #10 Council Member Enger presented Staff Report No. 199 regarding a second reading of an amendment to the Richfield City Code Sections 400 and 320 to update the City building regulations to comply with the latest version of State Building Code and State Fire Code; and a resolution authorizing summary publication of the ordinance. M/Ulrich, S/Sandahl to close the public hearinq. Motion carried 4-0. M/Enger, S/Ulrich that this constitutes the second readinq of Bill No. 2003-18 approvinq this ordinance relatinq to buildinq and fire code administration and enforcement: adoptinq the Minnesota State Buildinq Code and Minnesota State Fire Code and amendinq, addinq, and repealinq various subsections of Sections 400 and 320 of the Richfield City Code, by referencinq the State codes instead of verbatim inclusion in the City Codes; addinq a new subsection 400.37 to establish additional fees for service for certain Fire Department responses; that it be published in the official newspaper and that it be made part of these minutes; and 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. 9381 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2003-18 Council Meeting Minutes -8- September 9,2003 Motion carried 4-0. This resolution appears as Resolution No. 9381 in Resolution Book No. 74. Item #11 Council Member Sandahl presented Staff Report No. 200 regarding consideration of resolutions regarding civil enforcement for establishments in Richfield that recently underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth. Drug Emporium - 780 West 66th Street - Dennis Malake, representative, admitted the violation occurred and stipulated to the suspension and penalty. Council Member Sandahl asked about the process beyond a third offense. Health Administrator Christensen explained the penalty remains the same. Public Safety Director Scott stated this is the first time violations have gotten to this point in tobacco sales. MtSandahl, StEnger 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. 9382 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR DRUG EMPORIUM, 780 WEST 66TH STREET SOUTH AND IMPOSING A CIVIL PENALTY FOR A THIRD TIME TOBACCO COMPLIANCE FAILURE Council Member Enger asked what happened to the individual who sold the tobacco. Public Safety Director Scott explained it is a misdemeanor crime. Council Member Enger asked for the names of the other three establishments who were checked so he has the information for future reference. Public Safety Director Scott said the information is public and will be provided to the City Council. Council Member Ulrich stated each establishment needs to uphold the law and institute policies to prevent underage sales again. Mr. Malake explained the policies currently in place. Council Member Enger suggested a calendar indicating the legal age be posted at each register and installing a computer program for each register requiring the license be swiped to check the age. Council Meeting Minutes -9- September 9,2003 74. Motion carried 4-0. This resoh.l~i99,!;aRRearsj:ls Resolution No. 9382 in Resolution Book No. .j':"-.'F,"<,'-"r..';'. :'~.: Snyder Drug - 2930 West 66th Street - no representative present. M/Sandahl, StEnger that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9383 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SNYDER DRUG, 2930 WEST 66TH STREET SOUTH AND IMPOSING A CIVIL PENALTY FOR THIRD TIME TOBACCO COMPLIANCE FAILURE Council Member Sandahl stated that 15% of the punitive fines are designated for future tobacco and alcohol education efforts within the community. Mayor Kirsch requested the suggestions made earlier by Council Member Enger be relayed to Snyders. Motion carried 4-0. This resolution appears as Resolution No. 9383 in Resolution Book No. 74. Mayor Kirsch requested the City Council discuss penalties past the third offense at a future meeting. Item #12 Deferred to October 14,2003 City Council meeting. Item #13 Council Member Ulrich presented Staff Report No. 202 regarding consideration of the 2003 Revised/2004 Proposed Budget resolutions adopting 2004 Preliminary Property Tax Levy and setting the Truth in Taxation hearing dates, authorizing budget revisions, authorizing revision of the 2003 budget of various departments, and authorizing the use of Public Employees Retirement Association Police and Fire Fund refund interest earnings for certain Police and Fire expenditures. M/Ulrich, S/Sal1dahl that the followina resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes: Council Meeting Minutes -10- September 9, 2003 RESOLUTION NO. 9374 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2004 RESOLUTION NO. 9375 RESOLUTION AUTHORIZING BUDGET REVISIONS RESOLUTION NO. 9376 RESOLUTION AUTHORIZING REVISION OF 2003 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 9377 RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR CERTAIN POLICE AND FIRE EXPENDITURES Motion carried 4-0. These resolutions appear as Resolution No.'s 9374, 9375, 9376 and 9377 in Resolution Book No. 74. Item #14 Mayor Kirsch presented Staff Report No. 203 regarding consideration of the formation of a new alcohol ordinance merging current individual alcohol ordinances into one section and providing direction to staff on several alcohol related issues. Mayor Kirsch stated support for merging individual ordinances into one section. He said staff is seeking direction on several areas before proceeding with completing the ordinance for first reading. Richfield's current ordinance for Sunday sales allows for sales on Sundays to begin at 11 a.m. The state statute allows for liquor sales on Sunday to occur as early as 10 a.m. Should Richfield's ordinance be changed to allow for sales at 10 a.m., instead of 11 a.m.? Council Member Sandahl stated support since the Statute allows Sunday liquor sales at 1 0 a.m. and additional establishments may be included in new development sites. Mayor Kirsch stated support for 1 0 a.m. because it establishes consistency with other cities and makes administration of the ordinance more effective. Council Member Ulrich stated support for merging the information in one ordinance section. She expressed reluctance to support the purchase or consumption of liquor easier but, due to Richfield's location, it becomes a business matter. Currently, temporary sales of 3.2 intoxicating malt liquor are only allowed for organizations that may want to do one day, special events. Should temporary sales of on-sale intoxicating liquor be allowed as well or keep it restricted to only 3.2 intoxicating malt liquor? Council Meeting Minutes -11- September 9, 2003 Council Member Ulrich stated she did not favor the sale of on-sale intoxicating liquor for one-day events because of the potenti;~tpf.;:lqtivities;,spilling over into the neighborhood. She said she did not support these sales at Jul{;raCtivities. '. . . Council Member Sandahl asked about examples of one':day events that may want on-sale intoxicating liquor. Health Administrator Christensen explained most requests for outside sales include fund- raising events for campaigns, American Legion and VFW events, and the July 4 dance. Council Member Sandahl asked if the license must be granted because these sales are included in the ordinance. Public Safety Director Scott explained that conditions can be imposed because it is within the City's jurisdiction to control the license. He added that a license fee will be added. Council Member Sandahl stated she did not support mixed drinks at July 4 events, but would consider the sales at other events with a safety net in place. City Attorney Thomson said this ordinance change was prompted by a recent request from a property owner who wanted to serve wine at an event. Council Member Ulrich asked about the property owner's responsibility if on-sale alcohol goes outside. City Attorney Thomson explained the liquor is limited to the premise identified in the license and the property owner is responsible for monitoring the liquor. She added that enforcement is not a top priority for the Public Safety Department. Mayor Kirsch asked about the outside sales at Houlihans, 66th Street and Lyndale Avenue. Health Administrator Christensen explained the criteria for outside sales. Council Member Enger added that the outside sales at Houlihans were approved by the City Council and is currently the only establishment in Richfield serving outside. Council Member Sandahl stated the ordinance gives the City Council an opportunity to review each event. Public Safety Director Scott confirmed the one-day license comes before the City Council. He added criteria and policies can be established. Mayor Kirsch stated support for this change because each event is reviewed by the City Council. The current ordinance specifies the need for a restaurant to have a total market value, including land, building and equipment, of at least $600,000 and a hotel to have a total market value of $1,000,000. By today's standards, these amounts may now be low and need updating but was the intent of this requirement to restrict on-sale intoxicating liquor licenses to larger establishments rather than a very small business? Should the emphasis be on larger establishments? Council Member Sandahl asked ifall alcohol-serving establishments meet the current market value requirements. Council Meeting Minutes -12- September 9, 2003 Health Administrator Christensen stated she was unsure, but that information could be compiled and provided to the City Council. Council Member Sandahl stated the possible reason for this policy originally was to ensure establishments have adequate assets in the event of problems or disorderly incidents. Council Member Ulrich stated the thinking of the previous City Council was to have alcohol sales under conditions so the City was reasonable assured of no drunken or disorderly conduct in the establishment. She asked about increasing the market value requirement. Council MemberSandahl requested staff compile the current market value in Richfield of liquor establishments before providing direction on this question. She said she can think of an establishment in Minneapolis where the market value has nothing to do with possible conduct. Should establishments in town (pizza parlors, hotels, etc.) be able to make deliveries of alcohol to private homes? Mayor Kirsch and City Council Members Enger, Ulrich and Sandahl stated they did not support alcohol deliveries. Public Safety Director Scott said first reading of the ordinance will include the direction provided by the City Council. Item #15 Council Member Enger presented Staff Report No. 204 regarding the second reading of an ordinance amendment to City Administrative Code Chapter 1 Subsection 100.07 adopting reference to Minnesota Statutes and rules. M/Enger, S/Sandahl that this constitutes the second readino of Bill No. 2003-19 amendino the City Administrative Code Chapter 1. Subsection 100.07 adoptino reference to Minnesota Statutes and Rules. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #17 Deferred to September 23, 2003 City Council meeting. Item #18 Council Meeting Minutes -13- September 9, 2003 Council Member Ulrich stated '.b~~~~L~tPO longlfrCi need for her to abstain from voting on future Lyndale Gateway West issues because'she is moving from the area tomorrow. Mayor Kirsch presented Staff Report No. 207 regarding consideration of rescinding Transitory Ordinance 18.18 and approving revised transitory ordinance vacating alley right-of-way in Lyndale Gateway West project area. Council Member Sandahl asked if the boulevard trees along Aldrich Avenue would be saved. Community Development Director Palmborg said yes, that is part of the process. Mayor Kirsch asked for a Council Memo to confirm the tree preservation. Council Member Ulrich said she would abstain from voting on this item because the Ulrich family has maintained this alley for many years. MtKirsch, StEnger to rescind Transitory Ordinance 18.18 vacatina the alley riaht-of-way in the L yndale Gateway proiect area: that this constitutes the second readina of Bill No. 2003-17. Transitory Ordinance 18.26 vacatina the alley riaht-of-way in the Lyndale Gateway West proiect area. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 3-0. (Ulrich abstain.) Item #19 MtSandahl, StEnger that the followina claims and payrolls be approved: RICHFIELD BANK & TRUST CO. 8-26-03 AlP Checks: 126145 - 126433 PAYROLL 36026 - 36176 TOTAL RICHFIELD BANK & TRUST CO. 9-9-03 AlP Checks: 126434 - 126706 PAYROLL 36177 - 36323 TOTAL $ 823,276.34 $ 443,211.75 $ 1,266,488.09 $ 864,040.02 $ 451,237.72 $ 1,315,277.74 Motion carried 4-0. Item #20 The City Council meeting was adjourned by unanimous consent at 9:12 p.m. Council Meeting Minutes Date Approved: September 23. 2003 a~tir:~ Cheryl urn olz Recording Secretary