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06-22-04 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 22, 2004 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Members Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; John Enger; and Gertrude Ulrich. Staff Present: Samantha Orduno, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Betsy Osborn, Health Administrator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Sandahl, S/Rosenberg to approve the minutes of Reqular City Council Meetinq of June 8. 2004. Motion carried 5-0. Item #1 Council Meeting Minutes -2- June 22, 2004 Council Member Sandahl presented Certificates of Appreciation to Miss Richfield Ambassadors and Little Miss Richfield Ambassadors. Pat Rickert, Fourth of July Committee President, reviewed the events planned for the Fourth of July Celebration. The City Council thanked the Fourth of July Committee for their efforts. Item #2 Council Member Rosenberg presented a proclamation designating July 1, 2004 Women of Today Founders Day in Richfield to Michele Thompson and Connie McDonald. Ms. Thompson presented the City Council with the United States Women of Today Imagination Award in recognition of their support and assistance to the Richfield Women of Today. Item #3 Council Member Rosenberg announced the Richfield Beautiful Home and Garden Tour on June 26 and June 27. She added that the Landscaping Awards will be presented at the July 27 City Council meeting. Council Member Ulrich reported the Richfield Historical Society has hired a Director. Council Member Ulrich reported on a recent MAC meeting regarding their position on the National LFN study. She referenced a letter to MAC from State Representatives Dan Larson and Paul Thissen reminding MAC that no position was required or requested from the FAA regarding the study. Council Member Rosenberg asked about Senator Jane Ranum not signing the letter. Council Member Ulrich stated Senator Ranum was not interested in participating. M/Sandahl, S/Rosenberg to ride as a City Council on a float in the Richfield Fourth of Julv parade. Motion carried 5-0. Council Member Ulrich stated she would not be present at the parade due to a prior family commitment. M/Rosenberg, S/Sandahl to schedule a Special City Council Worksession on Julv 27 immediatelv followinq the Reqular City Council meetinq to discuss 2005 budqet priorities and a Special City Council budqet Worksession on Auqust 18 at 5:30 p.m. Motion carried 5-0. M/Enger, S/Sandahl to schedule a Special City Council meetinq on September 8 at 5:30 p.m. to certify the levv. Council Meeting Minutes -3- June 22,2004 Motion carried 5-0. Item #4 None. Item #5 M/Rosenberg, S/Sandahl to approve the aqenda. Motion carried 5-0. Item #6 A. Approved resolution authorizing donation of used City computer equipment to Richfield School District #280 S.R. No. 106 ' RESOLUTION NO. 9481 RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280 This resolution appears as Resolution No. 9481 in Resolution Book No. 75. B. Approved resolution supporting legislation to provide improved funding for 1-35W Corridor improvements S.R. No. 107 RESOLUTION NO. 9482 RESOLUTION AUTHORIZING A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING FOR 1-35W CORRIDOR IMPROVEMENTS This resolution appears as Resolution No. 9482 in Resolution Book No. 75. C. Approved community celebration event license and temporary on-sale 3.2 percent malt liquor license, with fee waiver, for Fourth of July Committee for annual events at Veterans Memorial Park on July 1 through 5, 2004 S.R. NO.1 08 D. Approved temporary 3.2 on-sale percent malt liquor and itinerant food licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for activities on July 4,2004 S.R. No. 109 E. Approved new taxi license for A New Star Limousine & Taxi Service, Inc.; 3501-23rd Avenue South, Minneapolis, MN S.R. No. 110 M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Council Meeting Minutes -4- June 22, 2004 Item #7 None. Item #8 Council Member Sandahl presented Staff Report No. 111 regarding a resolution requesting a Conditional Use Permit at 7141 Portland Avenue to allow a two-family dwelling in "R" zoning district. Tom Pernecke, 7141 Portland Avenue, applicant, explained that the refinancing process resulted in this zoning issue. He added that property improvements include building a fence, maintenance work and paving the driveway. Council Member Enger suggested Mr. Pernecke speak with City staff so he abides by the City.council's preliminary ordinance revisions related to driveways. Gary Joyner, 7100 Oakland Avenue, stated he had no problem with the zoning change but questioned how it affected the community. He also expressed concern regarding rental property with multiple cars and multi-family occupants. City Attorney Thomson explained the zoning for this property is not changing, but a CUP allows it to be used.as a duplex and continues with the property as long as conditions are met. City Manager Orduno explained the multi-car concern is an enforcement issue and multi- family occupants are permitted if they're all related. She added this particular CUP allows other uses on certain streets under certain conditions. Keith Ersfeld, 7138 Oakland Avenue, stated he was not against the CUP but asked the City to enforce the conditions so, at least in the beginning, everything is satisfactory. He added there have been no problems at this property since Mr. pernecke has owned it. City Manager Orduno said the CUP can be revoked if any conditions are violated. M/Rosenberg, S/Sandahl to close the public hearinQ. Motion carried 5-0. M/Sandahl, S/Enger 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. 9483 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR lWO-FAMIL Y DWELLING AT 7141 PORTLAND AVENUE SOUTH Motion carried 5-0. This resolution appears as Resolution No. 9483 in Resolution Book No. 75. Council Meeting Minutes -5- June 22, 2004 M/Kirsch, S/Rosenberg to have the Plannina Commission review the ordinance reaardina chanaina sinale-family homes into multi-f~rniIY dwellinas. Motion carried 5-0. Item #9 Council Member Ulrich presented Staff Report No. 112 regarding a second reading of a transitory ordinance authorizing the sale of properties at 6805-12th Avenue and 6239-14th Avenue to HRA for affordable home development. Council Member Rosenberg asked if the non-profit developers have been identified. Community Development Director Palmborg stated Twin Cities Habitat for Humanity will build 6805 12th Avenue and Greater Metropolitan Housing Corporation will build 6239-14th Avenue. MI Rosenberg, S/Sandahl to close the public hearina. Motion carried 4-0. (Enger absent.) M/Ulrich, S/Sandahl that this constitutes the second readina of Bill No. 2004-6. Transitorv Ordinance 18.29 authorizina the sale ofthe properties at 6805-12th Avenue and 6329-14th Avenue to the Housina and Redevelopment Authority for affordable home development. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #10 Council Member Rosenberg presented Staff Report No. 113 regarding a second reading of a transitory ordinance authorizing full-time Public Works employees to issue violation notices, amending Richfield City Code Subsection 115.11, Subdivision 5. Council Member Enger suggested staff track the cost of overtime during the first winter because his original proposal was to call-back seasonal staff to issue violation notices and he does not wantthe taxpayer to pay the difference in over time versus the revenue collected in tickets. He commended staff on the excellent snow plowing of City streets. City Attorney Thomson stated a technical correction that the ordinance before them is not a Transitory Ordinance because it will be codified. M/Rosenberg, S/Sandahlthat this constitutes the second readina of Bill.No. 2004-7 authorizina full time Public Works employees to issue violation notices amendina Richfield City Council Meeting Minutes -6- June 22, 2004 Code Subs.ection 115.11. Subdivision 5. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #11 Council Member Enger presented Staff Report No. 114 regarding re-consideration of a four- month temporary multi-pet license for 6436 Portland Avenue which has been continued from February 10, 2004. M/Enger, S/Sandahl to approve a three-month extension. on the temporary multi-pet license for 6436 Portland Avenue because a new ordinance on the licenses will be in place and this property will be bound to it. Council Member Sandahl asked how many dogs are on the property. Health Administrator Osborn said four German Shepherds. City Manager Orduno clarified that this license would fall under the new ordinance and not be grandfathered in so four dogs would not be allowed. The new proposed administrative process would be utilized. Steve Lewis, 6436 Portland Avenue, applicant, explained his application was filed in September 2003, but not before the City Council until February 2004. He added that two of the four dogs belong to his sons and one son is coming home from the service soon so there will be three dogs City Manager Orduno said another option for the City Council is to deny the license. Council Member Enger expressed support for an extension rather than a denial. Council Member Sandahl asked if all ordinance requirements will be met in three months. City Manager Orduno said yes. City Attorney Thomson stated anytime an application is made, the City Council has the ability to say four dogs is too many and three are permitted or on the condition the fourth is gone by a certain date. Council Member Enger stated the multi-pet license is in the process of being revised and suggested a temporary license be granted and when the fourth dog is gone, Mr. Lewis can re- apply to have the license re-considered. Warren Olson, 7632 Colfax Avenue, questioned being grandfathered in with the new ordinance since the application for the license was made a long time ago. Motion carried 5-0. Council Meeting Minutes -7- June 22, 2004 Item #12 M/Rosenberg, S/Sandahl that the followina claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 132511 - 132822 PAYROLL 38729 - 38885 TOTAL $ 1,117,183.84 $ 473,361.81 $ 1,590,545.65 Motion carried 5-0. Item #13 The City Council meeting was adjourned by unanimous consent at 8:08 p.m. Date Approved: July 13. 2004 m~0 )6,~...J{ Ma '. l Kirs h M c~ Recording Secretary