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11-25-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting November 25, 2003 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Susan Rosenberg; John Enger; Gertrude Ulrich; and Sue Sandahl. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; John Stark, Acting Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Kirsch durimrthe January 27.2004 City Council Meetina to determine the absence of Council Member RosenberQ as an excused absence from the November 17 Special City CouncillHRA Worksession. . Staff Present: Motion carried 5-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Member Sandahl requested the November 6 Special Worksession minutes be revised on page 2, paragraph 13 be revised to read undosirablo, unpopular. M/Rosenberg, S/Ulrich to approve the minutes of (1) Special City Council Meetina of November 6. 2003: and (2) Special City Council Worksession of November 6. 2003 as amended. Motion carried 5-0. Council Meeting Minutes -2- November 25, 2003 Item #1 Mayor Kirsch presented to Acting Community Development Director Stark the National Association of Housing and Redevelopment Officials (NAHRO) National Award of Excellence for WoodlakeCentre: A New Town Center Begins. Council Member Ulrich stated that at various meetings where other cities are present, she receives considerable positive feedback regarding Richfield's accomplishments. Item #2 M/Rosenberg, S/Sandahl to designate Januarv9.2004 for the annual City Council/staff aoal settina session. . >' ''',;,,: ,. , Motion carried 5-0. Council Member Rosenl:)erg introduced Richfield Women of Today representatives Michele Thompson, Connie McDonald andChrissy Stone. Ms. Thompson .provid~d a report on Women of Today activities and events. She thanked the City Council for their continued sUPP<;,rt. Mayor Kirsch accepted the FOWL Ball Golf Klassic plaque on behalf of the City Council's winning the event. Mayor Kirsch reported 6n the $20,000 Best Buy technology grant to Wood Lake Nature Center and their good corporate citizenship. Council Member Sandahl read~portions of a letter dated November 5, 2003 from James Bradley, Richfield High School mlsiness manager, explaining the use of the previous operating levy's referendum proceeds and datif)dl;l~'theuse of :capital projects funds. Council Member Sandahl expressed support for the establishment of a citizen task force to review City Hall building maintenance issues. M/Sandahl, S/Ulrich to establish a City Hall buildina maintenance review task force with Tom Rublein as chair and 15 members includina a representative from the Chamber of Commerce board, Community Services Commission. Plannina Commission. Arts Commission. school district and staff from Public Safety and Community Development and have this aroup conduct interviews of additional individuals to complete the membership. . . Council Member Rosenberg suggested a member of the Green Spaces Work Group that is already in place be on this task force. Council Member Ulrich stated support for this task force because it is not fiscally prudent to spend money on an aging building that has outlived its usefulness and does not meet modern requirements. Council Meeting Minutes -3- November 25, 2003 Mayor Kirsch expressed support f9rJhe task forc~ because City Hall needs an elevator and new roof.ig"<",;;;,,,,, I;'. . Motion carried 5-0. Council Member Ulrich discussed the perceived unsafe conditions at the southwest corner of 77th StreetlLyndale Avenue related to the Kensington Park sales trailer and that some residents have asked this corner's safety be reviewed. She said Engineering staff informed her that the site lines are adequate and Kensington has met all permit obligations for using the City right-of-way. City Manager Orduno stated no violations have occurred and there is no visual obstacle. Council Member Ulrich asked how long the sales trailer would be located there. City Manager Orduno said through the winter and the area will be monitored to be kept free of debris and snow. Council Member Ulrich reported on a recent AMMtLMC 2003 Metro Meeting. Council Member Ulrich commented 'on the impressive and beneficial cooperative efforts cities have with other cities, private enterprises and other government entities. Council Member Ulrich reported on a recent Noise Oversight Committee meeting. Council Member Sandahl invited the Richfield Historical Society to address the City Council. Tom Tuttle, Richfield Historical Society Acting President, expressed gratitude for the support of the society's fundraising efforts to restore the Bartholomew House. He explained a new campaign for a Richfield History Center. Mayor Kirsch said the renovation is timely since 2008 is the 100th birthday of Richfield. Council Member Ulrich acknowledged the efforts of Ruthann Clay, Tom Tuttle and David Butler on behalf of the Historical Society. Council Member Sandahl said the History Center will provide a space to display historical pieces and objects. Item #3 None. Item #4 MtRosenberg, StEnger to approve the aqenda. Motion carried 4-0. (Ulrich absent.) Item #5 A. Approved resolution accepting contract with Hennepin County for purchase of diesel and unleaded fuel from December 31, 2003 through December 31, 2010 at cooperative purchase rate determined by Hennepin County bid process S.R. No. 261 Council Meeting Minut~s -4- November 25, 2003 RESOLUTION NO. 9401 RESOLUTION AUTHORIZING THE EXECUT-ION OF THE COOPERATIVE AGREEMENT (CONTRACT NO: A030490) BETWEEN HENNEPIN COUNTY AND THE CITY OF RICHFIELD ON BI;HALF OF THE CITY. This resolution appears as Re,~Qh..ltion No.. 9401 in Re~olution Book No. 75. B. Removed from the consent calendar ~nd placed on the regular agenda for consideration as Item 6. C. Removed from the consent calendar and placed on the regular agenda for consideration as Item 6. D. Approved award of contract to VP Enterprises of Minnesota, Inc. for demolition of six houses, four apartment buildings and one comr:n~rcial building (Airport Noise Acquisition Program) in amount of ~14fl,QOQ SR. No.. 264 E. Removed from the consent c~le.ridar ~ng placed on the regular agenda for consideration as Item 6. .' F. Approved scheduling public hearing on Dec.ember 9, 2003 for renewal of 2004 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Ketsana's Thai Restaurant and Th()mp~on's Fireside Pizza S.R. No. 266 G. Approved scheduling public hearing on December 9, 2003 for renewal of 2004 on-sale intoxicating and Sunday liquor licenses for Chi Chi's Mexican Restaurant; The Ground Round; Khan's Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation, d/b/a OonPablo's; Champps Operating Corporation d/b/a Champps Sports Cafe; Wiltshire Restaurc;mts, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; and Taco More,lgp S.R. No. 267 H. Approved scheduling public hearing on December 9,2003 for renewal of 2004 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and Capital Cash, LLC d/b/a Hy's Pawn $.R. No. 268 I. Approvedccanceling December 23, 20Q3 Regular City Council Meeting S.R. No. 269 J. Approved multi-animal residential kennel license renewal for 6600 Newton Avenue; five dogs S. R. No. 270 K. Approved renewal of a currency ~xchange license for Community Money Centers, Inc. d/b/a Money Centers S.R. 273 L. Approved renewal of a currency exchange license for Checks Cashed of America, LLC d/b/a Money Exchange S.R. 274 M/Sandahl, S/Rosenberg to approve the Consent Calendar as amended. Motion carried 5-0. Council Meeting Minutes -5- November 25, 2003 Item # 58. Consideration of approval of resolution authorizing issuance of second Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2003, under Minnesota Statutes, Sections 469.152 through 469.165 as amended, to finance property for benefit of Academy of Holy Angels S.R. No. 262 Council Member Sandahl invited Academy of Holy Angels representatives to address the City Council. Jill Reilly, Academy of Holy Angels representative, provided a visual update on the schools renovation, including the Convocation Center and additional classrooms. Jeff Mertens, Academy of Holy Angels representative, provided a landscaping update. Council Member Sandahl requested ivy be planted on the blank wall on the west side of the building on 66th Street because there are no architectural features. Council Member Ulrich stated this financing created no financial liability for the City. She added that the improvements enhance the community. Council Member Sandahl said the City does receive a non-refundable administrative fee related to this project She agreed that the renovations are an enhancement. M/Sandahl, S/Rosenberg 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. 9402 RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF ITS EDUCATIONAL FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT), SERIES 2003, UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF ACADEMY OF HOLY ANGELS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF THE NOTE Motion carried 5-0. This resolution appears as Resolution No. 9402 in Resolution Book No. 75. 5C. Consideration of approval of contract renewal with Chief's Towing, Inc. for Public Safety towing services from December 1, 2003 through November 30, 2004 S.R. No. 263 Council Member Enger asked if there was a Request for Proposals (RFP) to determine the best company to provide towing services. Public Safety Director Scott explained there is no requirement for RFP's. He added that the City is satisfied with the services provided by Chief's. Council Member Enger suggested the company be put to work because there are many snowbirds from the most recent snowfall. He suggested hiring seasonal employees to issue snowbird tags; other cities do this, and it could be used as a deterrent to parking in the street during plowing. Council Meeting Min!,lt~s ~6.- November 25,2003 Public Safety Director Scott said Public Works supervisors are also authorized to issue cit'!itio~s for snowbird.s. He said ~he5~Jty ?~riv~s to notify resiqents of snow regulations and parking gUidelines. Heexplc:lmecj the various n.c;>NlyatlOn procedures. City Manager Orduno said hiring seasonal emPloyees is a budget issue, has not been a past practice so did not recommend hiring at this time and suggested this be discussed at the January goal setting. She expJain~d that, typically, tags and tows are not done the first snowfall, but are done after that.' M/Enger, S/Rosenberg to approve the December 1. 2003 throuqh November 30. 2004 towinq service contract between theCitv and Chief's Towinq, Inc., 8610 Harriet Avenue South. Blo'ominqton. MN. and the 1.3% increase in charqes contained therein. Motion carried 5-0. 5E. Consideration of approval Qf concept of abatement of City of Richfield taxes in Cedar Point redevelopment area and ~irecting staff to apply to Henl1epin County for abatement of their portion of taxes in ,area $.R. No. 265 Council Member Enger asked about the amount of the property tax contributions and if the numbers had changed from wh~.n it Was discussed at a previous meeting he attended with staff, Oity Manager Ordunostated this was covered at the November 17,2003 HRAlCity Council Worksession which he did not attend. She added, if she had known in advance he was going to ask this question, she would have been more, prel?are,d to respond. She said the numbers did not change. . . M/Enger, S/Rosenberg to adopt a motion supportinp an abatement of the City of Richfield taxes in the Cedar Point redevelopment area and directinQ staff to applv to Hennepin County for abatement of their portion of taxes in the area." ..'" '. " . ,:~'..,.'>,:.....". .~ \.:.,---.:.., Motion carried 5-0. Mayor Kirsch asked Council Member Enger since he missed the November 17 HRA/City Council WorksesSion and he did not notify anyone of his absence, to let the City Council know when he will miss a meeting. Council Member Enger apologized for tt:Je lack of notification and explained he was absent due to illness. Item #7 Council Member Ulrich presented Staff Report No. 271 regarding a resolution authorizing a conditional use permit to allow a limited automobile rental and leasing at 7745 Second Avenue. Stephen Lewis, Hertz applicant, clarified the square footage for the building: 1450 square feet for' Hertz; 2327 square feet for Mr. Lurtsema's business and 1150 square feet for the hearing aid company. M/Ulrich, S/Sandahl to close the public hearinq. Motion carried 5-0. Council Member Enger asked if the Hertz business using eight parking spaces for both vehicles-for-rent and employees was correct. Mr. Lewis explained Hertz's need and use of the parking space. Council Meeting Minutes -7- November 25, 2003 M/Ulrich, S/Rosenberg that the followino resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9403 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR LIMITED AUTOMOBILE LEASING/RENTAL AT 7745 SECOND AVENUE SOUTH Motion carried 5-0. This resolution appears as Resolution No. 9403 in Resolution Book No. 75. It m#8 Council Member Rosenberg presented Staff Report No. 272 regarding a request for a new multi-animal residential kennel license for 6310 Vincent Avenue; four dogs and two cats. Janice Dahnke, 6310 Vincent Avenue, applicant, stated she completed all the requirements from the September 9 City Council meeting by using the anti-bark collars which are extremely effective on the two larger dogs. She said she had problems using the collars at first, but now they're working. She expressed concern of this issue being one's word against another and that it has gotten out of hand. Ms. Dahnke said she misunderstood from the September 9 City Council meeting that additional training was required because she understood the anti-bark collars were the training devices. She asked the City Council to issue the license and expressed sadness that her neighbors do not appreciate animals. Ms. Dahnke asked if the license is not granted, that she be given time to move from the neighborhood. She said she feels targeted because she has four dogs and believes there is zero tolerance for her situation. Council Member Sandahl referenced a receipt dated October 11 for the one collar and asked how long the anti-bark collars have been used. Ms. Dahnke said the collars have been used approximately one month because she needed assistance to get the best device and then needed to learn how to adjust the fit properly. Dave Westermoe, 6311 Washburn Avenue, spoke in opposition to the license and requested the City ordinance be followed because there has been no change in the barking nuisance. He stated he was unsure of the effectiveness of the collars and was not sure of the recourse if this nuisance continued. Anthony Cleary, 6305 Washburn Avenue, spoke in support of the license because the dogs don't bark that loud and taking these dogs away is wrong since the owner is trying to stop the barking. Anita Akmenkalns, 6311 Vincent Avenue, endorsed the license because she never hears the dogs barking and it is a mistake if the license is not issued since the owner is very close to the animals. Harlan Stendel, Plymouth, Minnesota, spoke in support of the license because his daughter cares for the dogs in Dahnke's absence and his daughter is outside with the dogs, takes control of them if they bark or brings them into the house. He said it is a hardship for the family to remove the dogs. Council Meeting Minutes -8- November 25, 2003 Council Member Ulrich clarified that the issuance of a kennel license is City~wide ordinance so the neighbors did not bring this license before the City Council. FaHTer of applicant, Lafeyette, Indiana, (did not sign register) stated he thought this was a nice neighborhood but doesn't believe so now because of this issue. He said his daughter tries to control her animals and he believes she might have been singled out by the neighborhood because she is single, trying to raise her daughter. Tom Schubert, 6314 Vincent Avenue, said this issue is not a question of personalities and doesn't understahd why the ordinances that are in place have not been enforced to stop this problem. He added that there is an odor conC13rn in the summer and the dogs jump on the fence and bark. Council Member Sandahl i;lsked Mr. $~hLJl::>ert if the collars have made a difference. Mr. Schubert said he d-id: nof want to address the colli;lfS because if the ordinance is in place, the problem should end. Council Member Sandahl asked if th13 two little dogs barked. Mr. Schubert said the prol?lelTl starts with whichever dog barks first. Council Member Eng~r ask13d Mr. SchLJbert if a chain link fence surrounded the yard and if Ms. Dahnke owned any of it. Mr. Schubert said he wasn't sure, but believed part of it was owned by Ms. Dahnke. Peter Akmenkalns, 6311 Vincent Avenue, spoke in support of the license because he is in his yard often and there is no problem with barking or the dogs jwmping on the fence. Donna McLain, 6304 Vincent Avenue, said the neighbors who live closest to Ms. Dahnke are experiencihg the problem. She said the dogs have been quieter, but she's not outside as frequently. She added that there i.s no intention of picking on Ms. Dahnke or scrutinizing her: Council Member Sandahl asked if the small dogs bark, too. Ms. McLain said all the dogs bi;lrked this past .summer. She also wished for a peaceful solution. Council Member Sandahl expressed appreciation to the neighbors for coming forward and their wanting to be good neighbors. She sugg.l?$ted the following options: . Extend the temporary multi-animal kennel license an additional six months . Require anti-bark collars for all four dogs, not just the two larger ones, based upon the neighbors' comments that the collars do make the two large dogs quieter . The applicant consider installing a privacy fence M/Sandahl, S/Rosenberg to extend the temporary multi-animal kennel license an additional six months and require all four dOQS to have anti-bark collars. Council Member Rosenberg stated the applicant has fulfilled the requirements set at the September 9 City Council meeting and made an effort to correct the problem. She expressed concern with neighborhood comments and possible discrimination because Ms. Dahnke is a single mother. She added she hoped Ms. Dahnke would stay in her home and that issues are resolved. Council Member Enger stated additional training was required. He stated agreement with the six month extension and that this issue can be resolved at that time. Council Member Enger stated the immediate neighbors are most impacted and their comments need to be considered. He added that if a peaceful resolution is not possible, the City Council would then take action. Council Meeting Minutes -9- November 25, 2003 Council Member Sandahl said if Ms. Dahnke really wants to stay in her neighborhood, a privacy fence may be the solution. City Manager Orduno asked the City Council to clarify if proof of additional training is required during the six-month extension. Council Member Enger said yes, plus command control. Ms. Dahnke said she can do the training, but it may not get the desired results because of the human element. She added that her groomer says the anti-bark collars are training devices with no human error involved. She said the groomer also stated training sessions minimally address barking issues. Council Member Enger stated the collar is only as effective as the person who places it on the dog. Ms. Dahnke said the collar is put on when the dog is outside and that it has worked well. Council Member Enger said anti-barking collars should be purchased for the two small dogs, too. Ms. Dahnke said she has no problem with placing a collar on the one smaller dog, but does not believe a collar is needed for the small, older one. Council Member Enger said he is not opposed to barking at the back door for the dog to be let in the house, but the neighbors say the constant barking is an issue. Ms. Dahnke stated the dogs are not outside when she's at work. She added that she cannot give 100% guarantee the dogs are not going to ever bark or run to the fence - she is doing the best she can. Council Member Sandahl said she is hearing the neighbors say the collars are working. She added that rushing the fence is not an issue if no barking but could be solved with a privacy fence. Council Member Sandahl said she did not agree to include additional training in her motion. She requested Ms. Dahnke get the collars soon. Council Member Enger withdrew his request for additional training. Council Member Enger asked about the lot size. Council Member Rosenberg said that area's lot size is 75 feet. Council Member Enger requested the issuance of kennel licenses be discussed at the January goal setting session because he believes there is a better way to handle these licenses. Motion carried 4-1. (Ulrich opposed.) Item #9 City Manager Orduno stated the concept of abatement of City of Richfield taxes in the Cedar Point redevelopment area was discussed at a Concurrent City Council/HRA meeting. Council Member Sandahl asked about the abatement process. City Manager Orduno explained the first step would be for the Mayor and a City Council Member to meet with Richfield's representative on the Hennepin County Board. Council Meeting Minutes -10- November 25, 2003 Council Member Enger asked City Attorney Thomson if Item J on the Consent Calendar could be re-addressed because he failed to remove it from thE:! consent calendar earlier for separate discussion. Council Member Enger said he would like to discu$s kennel licenses at the goal setting session because he has the solution tq any problems. City Attorney Thomson stated the City Council would need to make a motion to re-consider Item J. She added if the outcome changes, it could be an issue if someone was at the meeting previously and Was now not present for the discussion. She added Council Member Enger could make a comment for the record. Council Member Ulrich suggested this item could be let go for now since it will be discussed at the goal setting session. Council Member Enger stated he wanted the record to show that he opposes the multi- animal kennel license for 6600 Newton Avenue because he considers it ridiculous to have five dogs on the size of Richfield's lots. Council Member Ulrich requested the rE,3cord show th~t she also opposed this license because five dogs on a Richfield lot was unreasonable. City ManagerOrduno confirmed the items scheduled for goal setting discussion, so far: seasonal employees to assist with tagging snowbirds and multi-animal kennel licenses. Item #10 M/Rosenberg, S/Sandahl that the followino claims andpavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 128019 - 128473 PAYROLL 36875 - 36982 TOTAL $ 1,028,945.77 $ 429,081.54 $ 1,458,027.31 Motion carried 5-0. Item #11 The City Council meeting was adjourned by unanimous consent at 8:4 Date Approved: December 9, 2003 &~~ Cheryl Kru holz Recording Secretary CITY OF RICHFIELD, MINNESOTA Bid Opening November 13, 2003 11:00am Building Demolition 18th and Cedar Avenues Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 18th and Cedar Avenues Building Demolition, as advertised in the official newspaper on October 30, 2003 and the Construction Bulletin on October 31,2003 and November 7,2003. Deborah Guiher, Deputy City Clerk John Stark, Community Development Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Present: Bidder's Name/City Bid Bond Total Bid Amount Stout Mechanical Provided $235,800.00 RJK Contracting Provided $177,644.00 F.M. Frattalone Excavating & Grading, Inc Provided $246,633.96 Holst Excavating, Inc Provided $218,445.00 Minnesota Specialized Trucking, Inc Provided $149,723.75 Doboszenski & Sons, Inc Provided $322,500.00 Max Steininger, Inc Provided $239,750.00 Wickenhauser Excavating, Inc Provided $164,800.00 VP Enterprises of MN, Inc Provided $148,000.00 Landwehr Construction, Inc Provided $188,650.00 Carl Bolander & Sons, Co Provided $221,650.00 Lloyd's Construction Services, Inc Provided $195,580.00 Veit Companies Provided $166,178.00 The Deputy City Clerk announced that the bids would be tabulated and considered at the November 25,2003 City Council Meeting. GJ~~~ Deborah Guiher Deputy City Clerk