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05-09-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 9, 1994 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and Corrine Heine, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Susag to apvrove the minutes of the Special City Council Study Session of April 25, 1994; and the Regular City Council Meeting of April 25 ~ 1994. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON TSE AGENDA. Nick Vossberg, 6340 Standish Avenue, asked about the availability of a list of the purchase prices that the MAC is paying for each property in the New Ford Town Acquisition Program. Assistant City Attorney Heine stated that if this information is classified public data then the MAC will provide it upon his request; if classified otherwise, the MAC will provide the statutory citation for not releasing the data. Nick Vossberg, 6340 Standish Avenue, discussed the development of a Wal-Mart in Forest Lake which was initiated without tax increment financing. Al Munt, Minnesota Sports Federation, reviewed the mission of the organization as helping amateur sports. He suggested the City Council consider an ordinance change to allow pull tabs in certain local establishments. Council Meeting Minutes -2- May 9, 1994 John Powers, owner .of Lariat Lanes, 6320 Penn Avenue, spoke in support of expanding pull tab locations in the City. It was the consensus of the City Council that the pull tab issue be scheduled for discussion at a future study session zn®eting. Louis Zieske, 6601 Stevens Avenue, discussed storm water drainage issues related to his property. City Manager Prosser stated that the storm water policy issue was scheduled for the May 23 City Council meeting and invited Mr. Zieske to attend. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MAY 9-14, 1994 SMALL BUSINESS WEEK IN RICHFIELD. Mayor Kirsch read and presented a proclamation designating May 9-14, 1994 as Small Business Week in Richfield to Bill ~'i~la~®r~ rcpr~~erntiaag tine ~3icfla£i~? d C~~x' of C©~~*^~p o M*~ o Fillmore invited the public to the Chamber of Commerce May 12th Salute to Small Business Lunch. Item #3 PRESENTATION OF PROCLAMATION DESIGNATING MAY 16-20, 1994 CITY OF RICHFIELD EMPLOYEE HEALTH AND FITNESS WEEK Council Member Rosenberg read and presented a proclamation designating May 16-20, 1994 as City of Richfield Employee Health and Fitness Week to Public Safety Director Erskine. Ytem #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Priebe to approve the agenda. Motion carried 5-0. Ytem #4 CONSENT CALENDAR 5A. APPROVED RESOLUTION APPROVING HENNEPIN COUNTY COOPERATIVE CONSTRUCTION AGREEMENT N0. PW52-19-93 FOR IMPROVEMENT WORK ~lT 76TH STREET AND PENN AVENUE C.L. 136 Council Meeting Minutes -3- May 9, 1994 RESOLUTION NO. 8139 RESOLUTION APPROVING HENNEPIN COUNTY COOPERATIVE CONSTRUCTION AGREEMENT NO. PW52-19-93 This resolution appears as Resolution No. 8139 in Resolution Book No. 64. B. APPROVED RESOLUTION AUTHORIZING PURCHASE OF PARTIAL FEE TAKING AND PROVIDING FOR TAKINGS AND EASEMENTS AT WASHINGTON PARK; PHASE II 77TH STREET PROJECT C.L. 137 RESOLUTION NO. 8140 A RESOLUTION ESTABLISHING JUST COMPENSATION FOR A PARTIAL FEE TAKING, AND TEMPORARY EASEMENTS; AND AUTHORIZING PURCHASE OF SAME; PHASE II - 77TH STREET PROJECT This resolution appears as Resolution No. 8140 in Resolution Book No. 64. 1 C. APPROVED RESOLUTION AMENDING APPENDIR D OF RICHFIELD CITY CODE REGARDING FEES FOR RESIDENTIAL DRIVEWAYS AND PARKING: AREAS C.L. 138 RESOLUTION NO. 8141 RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 8088 ENTITLED "RESOLUTION ESTABLISHING 1994 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 7950" This resolution appears as Resolution No. 8141 in Resolution Book No. 64. D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR RENOVATION OF ONE WASTEWATER RODDING MACHINE FROM FLEXIBLE PIPE TOOL COMPANY IN AMOUNT OF $7,043..80 C.L. 139 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR EMERGENCY REPAIR OF AIR CONDITIONING AT CITY HALL FROM GARTNER REFRIGERATION IN AMOUNT OF $13,885 C.L. 140 F. APPROVED PURCHASE IN BXCESS OF $5,000 FOR TORO GRESNSMASTBR 3000 MOWER AT RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING, INC. IN AMOUNT OF $10,462.56 C.L. 141 G. APPROVED ESTIMATE #10 PAYMENT FOR WATER TREATMENT PLANT MODIFICATION; BOR-SON CONSTRUCTION; $24,098.00 Council Meetiagi Minutes -4- May 9, 1994 M/Sandahl, S/Priebe to a~orove the consent calendar. Motion carried 5-0. Item ~6 PUBLIC NEARING AND SECOND READING OF ORDINANCE AMENDMENT RELATING TO COUNCIL SALARIES. C.L. NO. 142 City Manager Prosser reviewed Council Letter No. 142 regarding a proposed ordinance amendment to increase the Mayor and City Council salaries by 2.5$ effective January 1, 1995. Nick Vossberg, 6340 Standish Avenue, asked how many dollars the 2.5$ represented. City Manager Prosser stated the proposed increase for the Mayor is $189, from $7573 to $7762 per year. He stated the proposed increase for Council Members is $147, from $5878 to $6025 per year, C®naancil Mfrs Psiebr seed t~n~ g©? ? ©E~i*3g ? matter *~~^~~! ~,*~~ from Marilyn 8. Jensen, 7328 Fremont Avenue: °'Like many citizens in our City, I find it difficult to come to speak at a public hearing. However, I wish to go on record as favoring the raise in compensation being considered for Council Members. I regularly watch the meetings on cable and recently attended several in their chambers. It is clear they do not serve for the money they receive. The public sees only a small portion of the work they do. The phone calls, study sessions, special committee appointments and commission liaison work add innumerable hours to their total time commitment. I would like the makeup of the Council to reflect the diversity of our community and would hope that no person would be denied the opportunity to serve because their expenses would not be covered. I thank the Council for their service to the community and recommend the fair increase be approved." Council Member Priebe then read his written response to Mrs. Jensen s° "Thank you for your letter of April 25 regarding the proposal for an increase in City Council salaries. It is always beneficial to have the opinions of concerned citizens such as yourself. However, in this case, Y must disagree with you. I find the current salary of almost $6,000 per year more than ample Council Meeting Minutes to cover my expenses. Yn fact, as security and pension, I find it a ~ income. I'm sure you would agree that salary level to the point where it seeking a Council seat rather than -5- May 9, 1994 a retiree living on social neaningful part of my total we do not want to increase the becomes the motivation for the desire to serve. I do plan to suggest to others on the Council that we use the budgeted Council salary increase plus additional money if it can be found in the budget, to set up a program for modest stipends for members of City Commissions to cover a portion of their out of pocket expenses. They currently receive nothing and are very deserving considering the time and effort they devote to their community." He suggested that staff investigate the legal and administrative issues related to this idea. Council Member Rosenberg stated that it was a good idea to provide some money for City Commissions and their programs, therefore, she would vote no on the proposed increase. Council Member Sandahl stated he agreed studying this idea had merit, but it was a different issue than Council salaries. He stated it is prudent to maintain salaries at an appropriate level and to keep up with inflation. Council Member Susag spoke in support of the proposed increase noting that it totaled $777 in a year. He stated compensation for commissions would involve significantly more money. He also noted that an increase was last put into effect two years ago. Mayor Kirsch reviewed reasons for periodic small adjustments rather than larger more infrequent adjustments. M/Susag, S/Priebe to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl that this constitute Second Reading of Sill No 1994-10, amendment to Section 210 compensation of Mayor and Council Members that it be published in the official newspaper and that it be made part of these minutes. Motion carried 3-2. (Priebe, Rosenberg opposed) Item ~7 CONSIDERATION OF RESOLUTION ESTABLISHING TERM•OF APPOINTMENT AND DEFINITION OF YOUTH APPOINTMENT TO ADVISORY BOARDS AND CO1rIIrIISSIONS. C.L. NO. 143 Council Meeting Minutes -6- May 9, 1994 City Manager Prosser reviewed Council Letter No. 143 regarding a proposed resolution to establish the definition of youth members of commissions as individuals who are less than 21 years of age when appointed and to modify the term of appointment to June 1 to May 31. M/Kirsch, S/Susag that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minuteso RES0LIITI0N NO. 8;142 RESOLUTION ESTABLISHING THE TERM OF APPOINTMENT AND DEFINITION OF YOUTH APPOINTMENT TO ADVISORY BOARDS AND COMMISSIONS Motion carried 5-0. This resolution appears as Resolution No. 8142 in Resolution Book No. 64. 'Items #8 C©?tT~T~JFE~~TI©~T A~' E~ESALO'b'aAN REGARDING FINDINGS, CONCLUSION AND DECISION RELATED TO DENIAL OF COMMERCIAL IItENNEL LICENSE APPLICATION FOR VETERINARIAN JOEL D. LOCKETZ ATwPET FOOD WAREHOUSE, 710 WEST 66TH STREET. C . L s NO a 194 City Manager Prosser reviewed Council Letter No. 144 presenting the proposed findings of fact related to the denial of a commercial kennel license for Joel D. Lockett, D.V.M., at 710 West 66th Street. Helen Winder, attorney representing Dr. Lockett, requested that the City Council delay a vote on the findings of fact and reconsider the issue. She indicated that additional information and study could be provided regarding parking, traffic, health, and pet safety issues to support a well informed decision. Dr. Lockett and Ms. Winder answered questions about how the information would be obtained. Council Member Priebe suggested staff could contact other cities where there are similar wellness clinics and obtain information on their experience related to those issues. Council Member Sandahl cautioned that any extra costs for something like a traffic consultant should not be at the City's expense. City Manager Prosser stated it may be appropriate to look at a third party review at the cost to the applicant. Council Meeting Minutes -7- May 9, 1994 Council Member Susag noted the applicant has a similar facility in Maplewood which would provide comparative information. He stated that items #2 and #3 of the proposed findings of fact are independent of the wellness clinic and apply also to the existing conditions at the Pet Food Warehouse. Assistant City Attorney Heine reviewed the process by which the City Council could provide additional time to consider the issue. She indicated that the Council could reopen the public hearing providing there is appropriate notice to the interested persons and publication prior to reconsideration. M/Susag, S/Priebe to reopen the public hearing for consideration of findings of fact related to the avDlication for a commercial kennel license to Joel D. Lockett, Doctor of Veterinary Medicine ~ at 710 West 66th Street. Motion carried 5-0. Discussion followed regarding the further determination and provision of facts related to parking, traffic, health, and pet safety issues. City Manager Prosser stated that since there is a dispute of facts he would suggest an independent fact finder be engaged at the cost of the applicant to review the facts for presentation to the Council. Yt was the consensus of the Council that this be done. The applicant agreed. It was anticipated the consideration by the City Council would occur sometime in July. Item #9 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT ESTABLISHING FOOD TO LIQUOR RATIO FOR NON-INTOXICATING MALT LIQUOR LICENSES. C.L. NO. 145 City Manager Prosser reviewed Council Letter No. 145 regarding a proposed ordinance amendment which would establish a food to liquor ratio for non-intoxicating malt liquor licenses of 25~ food to 75$ non-intoxicating malt liquor. Public Safety Director Erskine answered questions related to typical ratio's and food to liquor policies in other cities. Council Member Sandahl stated that there are no problems under the current ordinance indicating the extra record keeping and costs may not be necessary. Council Member Susag suggested that the proposed ordinance would have no practical impact regulating non-intoxicating malt liquor licenses. Council Meeting Minutes -8- May 9, 1994 Council Member Priebe stated he felt the proposal was reasonable and would not interfere with current operations. M/Priebe, S/Rosenberg that this constitute the First Reading of this ordinance amendment establishing food to liquor ratio for non-intoxicating malt liquor licenses; and that the Public Hearing and Second Reading of the ordinance be scheduled for the June 13. 1994 City Council meeting. Motion carried 3-2. (Sandahl, Susag opposed) Item #10 CONSIDERATION OF AUTHORIZATION TO FILL VACANCY CREATED HY RETIREMENT IN COMMUNITY SERVICES DEPARTMENT/STREET MAINTENANCE DIVISION. C.L. NO. 14f City Manager Prosser reviewed Council Letter No. 146 requesting authorization to fill the Street Supervisor position vacancy created by a retirement in the Street Maintenance Division in the Community Services Department. M/Susag, S/Priebe to authorize the recruitment and hiring of one Street Supervisor for the Street Maintenance Division in the Community Services Department. Motion carried 5-®. Item #11 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues; RUNWAY 4-22 EXTENSION The City continues to pursue communication of its concerns related to the Runway 4-22 Extension Revised Draft Environmental Impact Statement. ® NEW FORD TOWN AND RICH ACRES ACQUISITION W. D. Schock and the MAC are proceeding with the buyout process. Council Member Priebe discussed the Richfield Chamber of Commerce's position on the Runway 4-22 Extension and suggested the Hoard reconsider their position in light of the City's position. City Manager Prosser stated that he would relay this suggestion to the Chamber Board's President and Executive Director. Council Meeting Minutes -9- May 9, 1994 Item #12 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the paving, utility, and sound wall construction work on the 77th Street Reconstruction Project. Community Services Director Fondrick reviewed the success of the Water Treatment Plant Open House. Item #13 LEGISLATIVE REPORT City Manager Prosser stated the legislature had dust adjourned and a full report is forthcoming. Item #14 COUNCIL DISCUSSION YTEMS Council Member Rosenberg suggested that funding for City Commissions and programs be considered in the upcoming budget. It was the consensus of the Council that this issue be scheduled for discussion at a future Study Session. Council Member Susag reviewed the Human Rights Commission discussion regarding the reasons for low attendance at the Ethnic Celebration. He stated that the idea of quarterly meetings for new residents was discussed, which he believes could be expanded to include the Council and others. Jean Fox, 6616 Sheridan Avenue, stated she helped facilitate the Racism Discussion Group, which is exploring a community wide welcome for new residents to include City, businesses, and church representatives. Arlan Nelson, 7433 13th Avenue, questioned the ability of the audience to comment or ask questions on the administrative items. The City Council responded that even though some items are not public hearings, they allow comment and questions from those who wish to do so. However, the individual needs to let the Mayor know by raising their hand or coming to the podium, otherwise the City Council is unaware of the individual's desire to speak. Council Meeting Minutes -10- May 9, 1994 Item #15 CLAIMS AND PAgtROLLS M/Sandahl, S/Susag that the following claims and payrolls be $DDrOVed: RICHFIELD BANK die TRUST CO. Checks 18467-18515; 45198-45429 $1,576,939.40 NORWEST BANK Check 1206 $ 15,800.00 FIRSTAR BANK Checks 8002-8030 $ 591,486.87 Checks 76506-76838 $ 390,163.29 Motion carried 5-0. ~f ~-~I~L~1~i~~r~i~~~i+,~J The meeting was adjourned by unanimous consent at 8:3 p.m. /~ 4 Date Approved: 5/23/94 Martin J. ch Mayor ~~ ~ Thomas P. Ferber J e rosser City Clerk Cit Manager