Loading...
03-12-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING March 12, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; and Martin Kirsch. MEMBERS ABSENT: Michael Sandahl STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Girl Scout Troop 1652 led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Ludeman, S/Garcia to agprove the minutes of the regular Cites Council Meeting of February 26~ 1990; and the minutes of the City Council Study Session Meeting of March 5, 1990. Motion carried 4-0. Item #1 PRESENTATION OF GIRL SCOUT WEEK PROCLAMATION TO GIRL SCOUT TROOP 1652. C.L. NO. 73 Mayor Quam read and presented a proclamation to Girl Scout Troop 1652 declaring the week of March 11-17, 1990 as Girl Scout Week in Richfield. Council Meeting Minutes -2- March 12, 1990 Item #2 PRESENTATION TO THE CITY OF RICHFIELD OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARDED HY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) C.L. N0. 74 City Manager Prosser reviewed Council Letter No. 74 regarding the City's receipt of a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA). Mayor Quam presented the GFOA Certificate of Achievement for Financial Reporting to Jean Mitchell, Finance Manager. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nio one wished to address the council. Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the a ec~ nda. Motion carried 4-0. Item #5 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR A GREENSMOWER FOR RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING IN THE NET TOTAL AMOUNT OF $8,695. C.L. NO. 75 H. APPROVED A RESOLUTION ESTABLISHING CAPITAL IMPROVEMENT RESERVE FUND. C.L. N0. 76 RESOLUTION N0. 7610 A RESOLUTION ESTABLISHING A CAPITAL IMPROVEMENTS RESERVE FUND This Resolution appears as Resolution No. 7610 in Resolution Book No. 58. Council Meeting Minutes -3- March 12, 1990 C. APPROVED THE 1990-1991 LABOR CONTRACT WITH THE RICHFIELD POLICE OFFICERS FEDERATION. C.L. N0. 77 RESOLUTION NO. 7611 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE OFFICERS FEDERATION BARGAINING UNIT FOR THE YEARS 1990 AND 1991 This Resolution appears as Resolution No. 7611 in Resolution Book No. 58. D. APPROVED THE FOLLOWING GARBAGE HAULERS LICENSE RENEWALS: EXPERT DISPOSAL, 3131 SIBLEY MEMORIAL PARKWAY, EAGAN DICKS SANITATION SERVICE, 21338 DODD BLVD., LAKEVILLE BUCKINGHAM DISPOSAL, 8035 W. 125TH STREET WOODLAKE SANITARY, 9813 FLYING CLOUD DRIVE, EDEN PRAIRIE BROWNING~FERRIS, 9813 FLYING CLOUD DRIVE, EDEN PRAIRIE A & A RUBBISH REMOVAL, 4886 SAFAIRO COURT, EAGAN E. APPROVED THE RENEWAL OF TAXI LICENSE FOR SUBURBAN TAXI CORP., 9614 HUMBOLDT AVENUE. 1 F. APPROVED THE RENEWAL OF TAXI LICENSE FOR AIRPORT AND AIRLINE TAXI CAR CORP., 3010 MINNEHAHA AVENUE. G. APPROVED THE RENEWAL OF THE MOTOR VEHICLE LICENSE FOR RICHFIELD MITSUBISHI, 920 WEST 78TH STREET. H. APPROVED THE RENEWAL OF THE MOTOR VEHICLE LICENSE FOR RICHFIELD BLOOMINGTON HONDA, 400 WEST 78TH STREET. I. APPROVED ESTIMATE #2 RICHFIELD SHOPPES DEVELOPERS FOR CP860 SPRINKLER SYSTEM AT RICHFIELD SHOPPES, $24,200. M/Garcia, S/Ludeman to a~Drove the consent calendar. Motion carried 4-0. Item #6 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE AMENDMENT WHICH WOULD PROHIBIT THE SALE OF CIGARETTES OR TOBACCO PRODUCTS FROM VENDING MACHINES IN THE CITY OF RICHFIELD. C.L. N0. 78 Jo Romer, 7405 Aldrich Avenue, Chair Richfield Advisory Board of Health, reviewed the Board's recommendation to adopt the proposed ordinance to prohibit the sale of cigarettes or tobacco products from vending machines in the City of Richfield. Council Meeting Minutes -4- March 12, 1990 Dr. Jean Forester, faculty member of the University of Minnesota School of Health, reviewed studies indicating that vending machines are a mayor source of cigarettes for youth. Tom Briant, Coalition for Responsible Vending Sales, stated that vending machines are not the problem. He stated that establishments where cigarette vending sales to minors occur could be disciplined like liquor establishments are for selling to minors. He advocated the use of an electronic remote control device to provide control access to cigarette vending machines. Chris Ackerly, 6849 14th Avenue, 16 years old, stated he had successfully purchased cigarettes from 6 vending machines located in Richfield showing how easy it was for underage youth to purchase cigarettes from vending machines. Tom Tyson, Tyson Vending, stated that vending companies do not want minors purchasing cigarettes. He stated smoking and the sale of cigarettes is legal. He advocated the use of electronic control devices as a compromise or at least for a six month trial period. Mayor Quam asked it Mi. Tys©n thought vending maclx3~e companies are responsible if minors purchase cigarettes from their machines. Mr. Tyson indicated this was a legal "gray area". Council Member Ludeman questioned if the vending companies had proposed the electronic devices as a control prior to the initiation of local ordinances on this issue. Mr. Tyson stated they had not done so. He stated the vending industry had sought state legislation for uniform regulation. Jane Myre, 7033 Oliver Avenue, Richfield Advisory Board of Health, stated support for the proposed ordinance and opposition to state legislation which would override local ordinances banning cigarette vending sales. Randy Roehl, former Chair of the Richfield Advisory Hoard of Health, spoke in support of the proposed ordinance. Monica Adrian, 7533 Aldrich Avenue, spoke in support of permitting vending machine sales of cigarettes because some of the revenues are used to support booster clubs. Dave Steenson, 7020 14th Avenue, Richfield School Board Member, read a resolution of the Richfield School Board supporting passage of this ordinance. 1 Council Meeting Minutes -5- March 12, 1990 0 1 Norm Pink, Minneapolis, owner of a cigarette vending business, advocated maintenance of cigarette vending machines and/or devices on the machines. He stated banning the machines will result in the loss of fobs. Mayor Guam asked if Mr. Pink thought vending machine companies are responsible if minors purchase cigarettes from their machines. Mr. Pink stated that the courts would have to decide that issue. Carlene Ulmer, 6832 14th Avenue, Richfield Advisory Board of Health, stated that the remote device has been available for 10 years. She stated that the devices were not successful in Utah and that she supported the proposed ordinance. Gene Winstead, Bloomington, stated his company had designed a new device which is different than the one used in Utah. He advocated use of the device and licensing enforcement rather than a ban on cigarette vending machines. Pat Anzevino, Mpls-Richfield American Legion Post 435, stated that providing cigarettes from a vending machine was a service to their customers and provided inventory control. Jo Romer, 7405 Aldrich Avenue, reviewed the health dangers related to smoking and control issues related to over the counter versus vending sales. M/Ludeman, S/Garcia to close the public hearinct. Motion carried 4-0. ~_J Council Member Kirsch thanked the Advisory Hoard of Health for their work in developing the ordinance. He stated it will be one more step to achieving the goal of a Smoke Free Society by the year 2000. Council Member Ludeman stated support for the ordinance to help prevent youth from smoking. He also suggested investigation of an ordinance to make it illegal for underage youth to purchase cigarettes and provide appropriate punishment. Council Member Garcia stated support for the ordinance as a straightforward approach to the problem. Mayor Quam reviewed the issues of accountability for sales to minors and his support for the proposed ordinance. Council Meeting Minutes -6- March 12, 1990 M/Kirsch, S/Ludeman that this constitute Second Reading of Bill No. 1990-7, Amendment to Chapter XI, Subsection 1145.03 that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. The City Council directed staff to draft a letter to the State Legislators in opposition to legislation which would preclude local regulation of cigarette vending machines. It was the consensus of the council that staff investigate the possibility of an ordinance related to the purchase of cigarettes by a minor. City Manager Prosser stated this item would be scheduled for a City Council Study Session. Item #7 (A) CONSIDERATION OF APPROVAL OF ON-SALE NON- INTOXICATING MALT LIQUOR LICENSE AND (B) DISCIPLINARY FZERRYPpG REi~,ATYHG TO SUSPir.PpSY©~ ©Pr YHR ~©~-YHY©XYC~YiHG MALT LIQUOR LICENSE FOR THE FRENCHMAN'S, 1400 EAST 66TH STREET. C.L. NO. 79 Public Safety Director Erskine reviewed Council Letter No. 79 recommending approval of renewal of the on-sale non- intoxicating malt liquor license for a period of four (4) consecutive days beginning no later than March 19, 1990 due to the alleged sale of non-intoxicating malt liquor to minors on two occasions in January, 1990. Jeff Moore, Attorney representing Mr. Cordray, owner of Frenchman's, indicated Mr. Cordray's willingness to work with the City to address these problems. He stated Mr. Cordray did not personally sell to the minors but as owner he has also been charged with a gross misdemeanor. Charles Cordray, owner of Frenchman's stated he has distributed alcohol awareness material to his staff, met with each employee regarding these issues, posted I.D. signs, and disciplined the employees involved. He indicated he has owned Frenchman's since July, 1989 but had worked part time there for approximately 20 years. John~Keneally, 6400 Blaisdell Avenue, Richfield Chamber of Commerce, stated Frenchman's had taken steps to address the problems and urged the council to take reasonable measures in discipline. The council discussed the seriousness of this issue and the responsibility of the owner to assure compliance. Council Meeting Minutes -7- March 12, 1990 Public Safety Director Erskine indicated that in addition to providing Police Division educational alcohol awareness training, the police may also monitor 3.2 establishments with uniformed and plain clothes visits as is done with intoxicating liquor establishments. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 4-0. M/Quam, S/Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7612 RESOLUTION GRANTING 1990 NON-INTOXICATING MALT LIQUOR LICENSE TO THE FRENCHMAN'S TAVERN, 1400-EAST 66TH STREET, SUSPENDING THE SAME FOR FOUR DAYS AND AUTHORIZING EXECUTION OF STIPULATION Motion carried 4-0. This resolution appears as Resolution No. 7612 in Resolution Book No. 58. Item #8 CONSIDERATION OF A RESOLUTION CHANGING MUNICIPAL STATE AID DESIGNATION FOR 11 CITY STREETS. C.L. N0. 80 City Manager Prosser reviewed Council Letter No. 80 regarding the following proposed amendments to the designation of Municipal State Aid (MSA) streets in the City of Richfield: DELETED STREETS Street Name Limits Penn Avenue South FAI 494 to CSAH 62 Nicollet Avenue FAI 494 to 67th Street Portland Avenue FAI 494 to CSAH 62 66th Street West Xerxes Avenue to Lyndale Avenue ADDED STREETS Street Name Limits Bloomington Avenue South Cedar Avenue East 64th Street Lakeshore Dr./Humboldt Ave. West 64th Street Upton Avenue So. W. 70th Street E. 66th Street to E. 77th St. Meander Corner (on ramp south bound T.H.77) to E. 76th St. Nicollet Ave. to Portland Ave. W. 66th St. to W. 76th St. Xerxes Ave. So. to Penn Ave. So. W. 66th Street to W. 76th St. Xerxes Ave. So. to Penn Ave. So. Council Meeting Minutes -8- March 12, 1990 M/Ludeman, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 7613 RESOLUTION REVOKING CERTAIN MUNICIPAL STATE AID STREETS AND ESTABLISHING MUNICIPAL STATE AID STREETS Motion carried 3-0. (Council Member Garcia was not present when this vote was recorded.) This resolution appears as Resolution No. 7613 in Resolution Book No. 58. Item #9 CONSIDERATION OF APPROVAL OF AN AGREEMENT TO DISPENSE LOTTERY TICKETS AT THE RICHFIELD MUNICIPAL LIQUOR STORES. C.L. N0. 81 Liquor Operations Director Fillmore reviewed Council Letter No. 81 regarding the prop©sal to all©w the municipal 13quor stores to be retail outlets for Minnesota State Lottery tickets. City Attorney Dean reviewed the application process. He indicated that the State designates and controls the lottery outlets; the city does not have any licensing power regarding the lottery outlets. Council Member Ludeman indicated opposition to the lottery. City Manager Garcia stated that she had not supported the lottery but that a majority of voters had approved it; therefore, it is justified to sell them under the control of the municipal liquor stores and derive some revenue from it. Council Member Kirsch stated that because the electorate had approved the lottery, he would not oppose their sale at the liquor stores, although he did not support the lottery. Mayor Quam noted that it appeared no Council members had supported the lottery but that the vote indicated the citizens acceptance of the lottery, therefore the sales from the municipal liquor stores can be justified. M/Garcia, S/Quam to authorize the City Manager or his designate to enter into an agreement to allow the Richfield Municipal Liquor Stores to become outlets for the sale of Minnesota State Lottery tickets. Motion carried 3-1. (Ludeman opposed) Council Meeting Minutes -9- March 12, 1990 Item #10 LEGISLATIVE REPORT City Manager Prosser reviewed the status of legislation related to local ordinances regulating cigarette vending machines, Tax Increment Financing, and the Governor's Budget balancing Bill. The City Council by consensus requested City Manager Prosser contact the media regarding the passage of the ordinance banning the sale of cigarettes from vending machines. They indicated this may be helpful in letting the legislature know that municipalities wish to exercise local control in this matter. Item #11 COUNCIL DISCUSSION REGARDING GOAL SETTING/TEAM BUILDING RESOURCES AND SCHEDULE. C.L. N0. 82 City Manager Prosser reviewed Council Letter No. 82 regarding City Council goal setting and team building. Council Member Ludeman stated he did not support retaining Mr. Vinton again as the team building consultant. City Council discussion followed regarding the team building and goal setting process and consultant roles. Council Member Garcia stated that the council had unanimously selected Mr. Vinton and support retaining him. She stated that he was familiar with the issues and the people; changing consultants now would cost extra time and money. She stated Council Member Sandahl had told her that he supported retaining Mr. Vinton. Mayor Quam stated that the consultant acts as a facilitator to help the council fulfill it's responsibilities together for the good of the community. After discussion, it was the consensus of the council that City Manager Prosser conduct the goal setting session and Mr. Vinton conduct the team building session. Item #12 COUNCIL DISCUSSION ITEMS Hugh Weber, 7620 16th Avenue, read a letter he sent to the Governor advocating a "stacked airport" concept be built and extended over the river bottoms area. Council Meeting Minutes -10- March 12, 1990 Item #13 CLAIMS AND PAYROLLS M/Garcia, S/Quam that the following claims and payrolls be approved: RICHFIELD STATE HANK Checks 12507-12560; 109152-109478 S 727,139.68 FIRST MINNESOTA Check 1102 S 15,000.0'0 FIRST WESTERN BANK Checks 5445-5456 $ 680,915.86 Checks 34199-34235; 34633-34935 Payroll $ 315,056.45 ' Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous conse at 9.//As~i. Date Approved: 3/26/90 Ste en J. Manor /,l /,~i~ ~ ~ Thomas P. Ferber ame D. Prosser City Clerk Cit Manager