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01-08-96 Regular CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; MEMBERSPRESENT: Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative STAFF PRESENT: Services Director; Bruce Palmborg, Acting Community Development Director; Donald Fondrick, Community Services Director; William Fillmore, Liquor Operations Director; Jack Erskine, Public Safety Director; Thomas Ferber, City Clerk; Dennis Johnson, Human Services Planner & Coordinator; and Corrine Thomson, 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/Rosenberg, to approve the minutes of the Reaular City Council Meeting of December 11. 1995: and the minutes of the Special City Council Meeting of December 28. 1995. Motion carried ItemOPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Ron Glaub, 7209 12th Avenue, Vice Chair of the Human Rights Commission, invited the City Council and the public to attend Human Rights Commission Meetings which are held at 7:00 p.m. on the first Tuesday of each month. He stated the Commission will be considering the selection of the Gene and Mary Jacobsen Citizen of the Year at their next meeting. New Finance Manager Chris Regis was introduced to the City Council. Item City Manager Prosser reviewed Council Letter No. 2 regarding the allocation of Camillo De Santis, Chair of the Richfield Community Human Services Planning Council (RCHSPC), presented the following RCHSPC recommendations for the allocation of funding human service agencies in 1996: AmountAmount Lutheran Social Services Share-A-Home $1,000 Senior Community Services, Senior Outreach $7,000 Cornerstone Advocacy and intervention Program $12,39012,500 Advocacy Program $2,390 Intervention Program $10,000 Senior Resources, Senior Linkage Line$800$943 VEAP (Volunteers Enlisted To Assist People)$4,000$5,000 TOTAL$85,760 S/Rosenberg the followina resolution be adopted. that it be spread book and that be of these minutes; NO. 8315 RESOLUTION AUTHORIZING A REVISION OF THE 1996 BUDGET FOR OTHER AGENCIES DIVISION Motion carried 5-O. This resolution appears as Resolution No. 8315 in Resolution Book No. 65. Council Meeting Minutes ItemCOUNCIL APPROVAL OF AGENDA the agenda. . Motion carried Item CONSENT CALENDAR APPROVED PURCHASE AND INSTALLATION OF TRAFFIC SIGNAL CONTROLLER EQUIPMENT AT BOTH 12TH AVENUE AND 77TH STREET AND PORTLAND AVENUE AND 77TH STREET C.L. 3 APPROVED SETTING JANUARY AS PUBLIC HEARING DATE FOR CONSIDERATION OF NEW ON-SALE LIQUOR LICENSE FOR D F R OPERATING COMPANY, INC. D/B/A DON PABLO’S, 980 WEST 78TH STREET 4 APPROVED PURCHASE OF MAINTENANCE SERVICES FOR CITY’S XEROX 1500 COPIER IN ANNUAL AMOUNT OF $10,590 C.L. 5 APPROVED REAPPOINTMENT OF VERN TO TWO YEAR TERM AS HEARING EXAMINER C.L. 6 APPROVED SETTING MAY FOR 1996 LOCAL BOARD OF REVIEW MEETING C.L. 7 APPROVED ACCEPTANCE OF BID MINUTE TABULATION AND REJECTION OF BID OF E-Z GO CONTRACTORS IN ANNUAL AMOUNT OF $28,285 FOR LEASING GOLF CARTS IN 1996-1998 AND AUTHORIZATION TO FOR BIDS C.L. 8 APPROVED PURCHASE IN EXCESS OF $5,000 FOR POLYMER FOR USE AT WATERPLANT FROM NALCO CHEMICAL COMPANY IN ESTIMATED AMOUNT OF $10,720 C.L. 9 APPROVED PURCHASE IN EXCESS OF $5,000 FOR RICH ACRES CLUBHOUSE FLOORING FROM BARBARA-LEONARD SPECIALTIES IN AMOUNT OF C.L. 10 APPROVED SECOND AND FINAL PAYMENT FOR ROUTE AND SEAL OF CRACKS IN BITUMINOUS PAVEMENT; BERGMAN COMPANIES INC. OF WISCONSIN; J. APPROVED THE FOLLOWING 1996 LICENSE RENEWALS: AAGARD SANITATION: GARBAGE HAULER, 4 VEHICLES ¦ ¦ ¦ DICK’S SANITATION SERVICE: GARBAGE HAULER, 3 VEHICLES ¦ VEHICLES, ON-SALE NON-INTOXICATING MALT LIQUOR RESTAURANT: FOOD ESTABLISHMENT, SOFT DRINK, ON-SALE ¦ NON-INTOXICATING MALT LIQUOR LARIAT LANES: FOOD ESTABLISHMENT, SOFT DRINK, BOWLING ALLEY, ¦ ON-SALE NON-INTOXICATING MALT LIQUOR QUALITY WASTE CONTROL, INC.: GARBAGE HAULER, 6 VEHICLES NON-INTOXICATING MALT LIQUOR ItemPUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING MUNICIPAL CODE OF ORDINANCES FOR ADDITION OF SECTION 81 PRIVATE USE OF BOULEVARDS; AND, CONSIDERATION OF RESOLUTION AMENDING ESTABLISHED 1996 LICENSE, PERMIT AND MISCELLANEOUS FEES. C.L. NO. 11 approval for the placement of a private amenity (such as rocks, fences, Require ¦ wails, hedges, gardens, and parking places) on the City boulevard from the Director of Community Services. Provide adequate space for storage of snow plowed from streets and sidewalks. ¦ Give City staff clear authority to cause the removal of private amenities from ¦ boulevards if a safety hazard exists. Require such amenities be installed in as safe a manner and design as is ¦ possible. Community Services Director responded to questions from the City Council regarding the purpose of the ordinance, types of amenities that do not create any problems, the importance of having the authority to regulate when visibility and obstruction hazards exist, the frequency of such occurrences, and the communication of the new ordinance regulations to the public. to close the public hearing. S/Rosenberg this Second of Bill No. 1996-l amendment to S/Rosenberg that the followina resolution be adopted. that it be in the resolution book and that it be made of these minutes; RESOLUTION AMENDING ESTABLISHED 1996 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD Motion carried 5-Q. This resolution appears as Resolution No. 8316 in Resolution Book No. 65. ItemPUBLIC HEARING AND CONSIDERATION OF RESOLUTION AMENDING COMPREHENSIVE PLAN LAND USE MAP WITH RESPECT TO REALIGNMENT OF 77TH STREET AND CONSEQUENT CREATION OF SPLINTER PARCEL AT 76TH STREET AND EMERSON AVENUE. C.L.NO. 12 City Manager Prosser reviewed Council Letter No. 12 regarding consideration of an amendment to the Comprehensive Plan Map to redesignate the splinter parcel at 76th Street and Emerson Avenue from “freeway strip” to “medium density buffer”. Council Member Sandahl asked about the status of potential development on the Acting Community Development Director stated that staff is contacting developers for their interest in developing some type of housing on this property. to close the public hearing. S/Priebe the resolution be adopted. that it be spread in resolution book and that it be made part of these NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN LAND USE MAP WITH RESPECT TO THE REALIGNMENT OF 77TH STREET AND CONSEQUENT CREATION OF SPLINTER PARCEL AT 76TH STREET AND EMERSON AVENUE Motion carried 5-O. This resolution appears as Resolution No. 8317 in Resolution Book No. 65. ItemPUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF AVENUE AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE TO C.L. NO. 13 City Manager Prosser reviewed Council Letter No. 13 regarding a proposed transitory ordinance authorizing the sale of the property located at 6432 15th Avenue and a proposed resolution approving the sale of property to the HRA. this constitute Second of Bill No. Ordinance No. 17.64: that it be published in the official newspaper and that it be made part of these that the resolution be adopted. that it be spread of resolution book and that it be made NO. RESOLUTION AUTHORIZING A PUBLIC HEARING ON THE SALE OF CERTAIN LAND (6432-l 5TH AVENUE) This resolution appears as Resolution No. 8318 in Resolution Book No. 65. ItemCONSIDERATION OF FIRST READING OF ORDINANCE AMENDING RICHFIELD CHARTER REGARDING OATH OF OFFICE. C.L. NO. 14 City Manager Prosser reviewed Council Letter No. 14 regarding the recommendation of the Charter Commission that the City Council approve a proposed Charter amendment to section 13.02 adding language to the oath of office. S/Rosenberg that this constitute the First of this ordinance amendment to the Richfield Charter of office: and that the Public and Second Readina of the ordinance be scheduled for the February 26. 1996 meeting. Motion CONSIDERATION OF RESOLUTION INVOKING RULES REGARDING Item COUNCIL MEMBER ATTENDANCE AT COUNCIL MEETINGS. C.L. NO. 15 City Manager Prosser reviewed Council Letter No. 15 regarding a proposed resolution related to rules for attendance by Council Members at Council meetings. Council Member Rosenberg discussed concern about the punitive nature of invoking monetary penalties. Council Member Priebe stated some type of penalty is necessary and this seems appropriate. Council Member Susag stated that the proposed resolution basically restates the rules provided in Subsection 205.15 of the ordinance code. City Attorney Thomson stated that the resolution would invoke the rules from the ordinance. Council Meeting Minutes the following resolution be that it be spread in resolution book and that it be made part of these 01 NO. 8319 RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS Motion carried 5-Q. This resolution appears as Resolution No. 8319 in Resolution Book No. 65. Mayor requested that a copy of this resolution be sent to the President of the Charter Commission. CONSIDERATION OF RESOLUTION REGARDING VARIOUS ISSUES Item RELATED TO ORDINANCE BILL NO. 1995-17 APPROVED ON DECEMBER C.L. NO. 16 City Manager Prosser reviewed Council Letter No. 16 regarding a proposed resolution which would rescind the Council action of approving Bill No. entitled “An Ordinance Amending Subsection 1100.13 of the Richfield City Code; relating to Lawful Gambling; Modifying Certain Eligibility Requirements for approval of a lawful Gambling He stated that the City License” and the commencement of further study on this issue. Council had conducted a public hearing, second reading, and approved Bill No. at their December 1995 meeting. City Manager Prosser stated that at the request of a Council Member, this item had been placed on this agenda for further discussion by the City Council and consideration of the proposed resolution. Council Member Susag stated he had requested this item be returned to the City Council because the following issues merit further study: The types of establishments which are suited to have lawful gambling conducted on their premise. The number of premises permits which should be authorized at any given time. The amount of detail which should be present in any regulation versus the amount of flexibility which should be available to the City in reviewing any premises permit. reconsider the action of the City Council which approved Bill No. 1995-l 7. tion carried 5-Q. Council Member Susag stated his concerns that further study be given to the issues he raised about premise permits. Council Member Sandahi inquired about Council discretion in approving permits. City Manager Prosser indicated that the Council has discretion in issuing approval but cannot be discriminatory. City Attorney Thomson stated these are appropriate questions for further study. Council Member Priebe suggested that the V.F.W. and American Legion be notified if the Council rescinds Bill No. 1995-l 7 and conducts further study since they both had requested a delay in December. . Pat Hirabayashi, 7526 14th Avenue, President of the Richfield Hockey Association, representing the volunteer coalition of Richfield youth sport associations called S.P.O.R.T.Y. (Supporting Program Opportunities for Richfield’s Talented Youth), stated that S.P.O.R.T.Y. had moved forward with the idea that the City Council approved the opportunity for the benefit of pull tab proceeds for Richfield youth. She reviewed the status of the application of S.P.O.R.T.Y. for permits to operate pull tabs at Lariat Lanes, Ground Round, and the Frenchman’s. She stated they still would need a resolution of approval from the City approving the issuance of the gambling license by the State. Council Member Susag asked if the City could approve their license without the ordinance change. City Attorney Thomson stated that as the current ordinance exists, the City could not approve it because only two are allowed (V.F.W. and American Legion). She stated that if Bill No. 1995-l 7 were allowed to become effective, three more licenses would be available. the following resolution be adopted. be spread in the of these esolution book and that be RESOLUTION REGARDING CONSIDERATION OF PERMITS FOR LAWFUL GAMBLING This resolution appears as Resolution No. 8320 in Resolution Book No. 65. Item CONSIDERATION OF APPROVAL OF LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 FOR 1996. C.L. NO. 17 City Manager Prosser reviewed Council Letter No. 17 recommending approval of the1996 Labor Agreement between the International Union of Operating Engineers Local 49 and the City. followina resolution be adopted. that it be in book and that it be of these minutes, RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELDAND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 FOR THE YEAR 1996 This resolution appears as Resolution No. 8321 in Resolution Book No. 65. Item CONSIDERATION OF RESOLUTIONS DESIGNATING OFFICIAL DEPOSITORIES FOR CITY OF RICHFIELD FOR 1996, INCLUDING APPROVAL OF COLLATERAL. C.L.NO. 18 CityManager Prosser reviewed Council Letter No. 18 regarding the designation of official depositories of the City for 1996 and approval of collateral. that the resolutions be that they be sp book and be made of these RESOLUTION DESIGNATING THE BANK-RICHFIELD A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1996 AND APPROVING COLLATERAL NO. RESOLUTION DESIGNATING THE BANK-RICHFIELD A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1996 AND APPROVING COLLATERAL SOLUTION NO. 8374 RESOLUTION DESIGNATING THE RICHFIELD BANK AND TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1996 AND APPROVING COLLATERAL Council Meeting Minutes NO. 8325 RESOLUTION DESIGNATING CERTAIN SAVINGS AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1996 Motion 5-Q. These resolutions appear as Resolution 8322, 8323, 8324, and 8325 in Resolution Book No. 65. Item CONSIDERATION OF APPLICATION FOR NEW COMMERCIAL KENNEL LICENSEFOR PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH STREET. C.L. NO. 19 City Manager Prosser reviewed Council Letter No. 19 regarding the application for a new commercial kennel license for Pet Hospital and Health Center, 1100 West 78th Street. He stated that a question has been raised as to whether is eligible under Minnesota State Statutes to operate a veterinary clinic in the State of Minnesota. He stated that while this is an issue the Council may wish to consider, it is one that may have to be dealt with in court. City Manager Prosser stated it is staffs recommendation to issue a commercial kennel license at the location which may cover a number of activities to include the offering of veterinary services. He indicated the applicant has been notified that if the license is granted, it is subject to compliance with all Minnesota Statutes. Robert Wilson, representing Petsmart, presented documentation (Clerk’s File No. C-360) which he stated showed that the applicant is eligible to operate a veterinary clinic in the State of Minnesota. City Attorney Thomson presented and reviewed her letter dated January 2, 1996 (Clerk’s File No. C-361) in response to a letter from attorney Gary E. Persian suggesting that is a corporation not authorized to practice veterinary medicine under Minnesota Statutes, Section 156.11. She also discussed the relationship of the PUD zoning and the kenel license/veterinary hospital issue which was discussed at the time of the PUD approval for this site. Dr. Lester, D.V.M. representing Vetsmart, described the proposed Pet Hospital and Health Center as a full service seven day a week veterinary hospital and Gary E. Persian, Attorney representing three Richfield veterinary doctors, questioned the relationship of the names on the documentation presented by Mr. Wilson to those on the kennel application, who would be the insured party, and who would perform the actual veterinary services. Mr. Wilson responded that the questions did not pertain to the request for a kennel license that is before the Council. He stated that 260 locations are in operation with almost all of them having a Vetsmart. He stated they do not breach state laws. Council Member Susag stated concerns about the different names and corporations on the documentation. Mr. Wilson discussed the relationship of Petsmart, the parent corporation, to Vetsmart, Medical Management, Inc. (M.M.I.), “A Caring Doctor (Minnesota)“, P.A. and Barbara Weintraub, DVM. Council Member Rosenberg asked questions and stated concerns about the control of animals in the retail store. Council Member Priebe suggested that this item be deferred to January 22 to allow time for the City Attorney to further review and clarify these issues. Mr. Wilson stated the delay would be acceptable to the applicant. Council Member Susag requested that the City Attorney also review the record regarding the PUD approval and the relationship to the kennel license issue. Ron Glaub, 7209 12th Avenue, discussed the similarity of this situation to the request to operate a pet wellness clinic at Pet Food Warehouse. Dr. Robert Dietl, 6837 Newton Avenue, owner of Veterinary Hospital, discussed safety concerns related to animals being in retail stores citing two examples where dogs were injured a result of fighting in stores. Hestated that access to the as veterinary hospital should be direct from the outside, not through the store. He discussed Council Member Sandahl stated that this proposal presents the same problems that were cited in denying the clinic at Pet Food Warehouse. He stated he could not support approving this license for that reason. of an a new and Health Center. 1100 West 78th Street. and that the City Attorney conduct further review and clarification of the issues related to this Motion carried 4-1. (Sandahl opposed). Council Member Rosenberg indicated she did not want to allow animals in a retail store because of the safety problems that are created and could not support this proposal for that reason. Council Meeting Minutes PRO TEMPORE CONSIDERATION OF COUNCIL DESIGNATION OF MAYOR FOR20 1996. C.L. NO. to designate Council Member Sandahl to serve as Mayor Pro for the year 1996. 5 Item CONSIDERATION OF COUNCIL DESIGNATION OF ACTING CITY MANAGER FOR 1996. C.L. NO. 21 City Manager Prosser reviewed Council Letter No. 21 recommending the designation of Steven L. Devich as Acting City Manager for those times when the City Manager is absent from the City. to Devich. Director of Motion carried 5 Item CONSIDERATION OF COUNCIL DESIGNATION OF OFFICIAL NEWSPAPER FOR 1996. C.L. NO. 23 City Manager Prosser reviewed Council Letter No. 23 recommending the 1996. designation of the Richfield Sun-Current as the official newspaper of the City for Mike Westholder, 7633 Grand Avenue, editor of the Richfield Sun-Current, in responded to questions related to the events calendar and the status of the change M/Rosenberg, designate the Richfield Sun-Current as the newsoaoer for the of Richfield for the vear 1996. Motion carried 5-O. Item CONSIDERATION OF DESIGNATION OF COUNCIL LIAISON APPOINTMENTS FOR 1996. C.L. NO. 23 City Manager Prosser reviewed Council Letter No. 23 regarding the designation of Council liaison appointments forvarious boards and agencies for 1996. the appointments for 1996: Russ Susag, Rep. ASSOC. METRO MUNICIPALITIES Jim Prosser, Alt. Don Priebe, Dir. SOUTHWEST CABLE COMMISSION Jim Prosser, Dir. Susan Rosenberg, Alt. Steve Alt. Michael Sandahl, Rep. Don Priebe, Martin Kirsch, Rep. LEAGUE OF MINNESOTA CITIES James Prosser, Don Priebe, Rep. Jamie Verbrugee, Rep Michael Sandahl, Alt. James Prosser, Alt. Susan Rosenberg, Rep. RICHFIELD SCHOOL DISTRICT Michael Sandahl, Alt. Jack Erskine, Lia. STOREFRONT/YOUTH ACTION Susan Rosen berg, Alt. Martin Kirsch, Lia. ADVISORY BOARD OF HEALTH Susan Rosenberg, Alt. Don Priebe, Lia. COMM. SERVICES COMMISSION Russ Susag, Alt. Russ Susag, Lia. HUMAN RIGHTS COMMISSION Susan Rosenberg, Alt. MartinKirsch, Lia. PLANNING COMMISSION Russ Susag, Council Meeting Minutes Martin Lia. FRIENDSHIP CITY COMMISSION Russ Susag, Alt. Susan Rosenberg, Rep. RICHFIELD COMMUNITY HUMAN No Alternate SERVICES PLANNING COUNCIL Motion carried 5 Item AIRPORT STATUS REPORT City Manager Prosser stated that discussion of the City’s response to the Dual Track Airport Planning Process Draft Environmental Impact Statement (DEIS) is scheduled for the February 5 City Council Study Session. Council Member Priebe asked about the report of alleged comments by Jeff Hamiel, Executive Director of MAC, indicating that a substantial acquisition of homes in east Richfield would result from the construction of a north-south runway. Council Member Priebe stated that the indicates no acquisitions will be made in east Richfield. City Manager Prosser stated that Mr. Hamiel denies making the alleged comments and concurs with the DEIS. Item LEGISLATIVE REPORT CityManager Prosser stated that staff has been meeting with legislators regarding draft legislation related to the following legislative initiatives: Airport Community Protection Concepts Package ¦ “This Old Apartment” ¦ Pension Consolidation ¦ Item COUNCIL DISCUSSION ITEMS Council Member Susag discussed the following items: Providing each Council Member with a copy of the Sturgis Code of ¦ Parliamentary Procedure. Council Meeting Minutes ¦ ¦ ¦ ¦ Item CLAIMS AND PAYROLLS TAR BANK . ADJOURNMENT