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07-08-03 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 8, 2003 The meeting was called to order by Mayor Kirsch at 6:34 p.m. Members Present: Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue Sandahl. Susan Rosenberg. Samantha Orduno, City Manager; Steve Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palm borg, Community Development Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Enger to determine the absence of Council Members Ulrich and Rosenbera from the City Council/HRA Worksession as an excused absence. Members Not Present: Staff Present: Motion carried 4-0. M/Kirsch, S/Sandahl to determine the absence of Council Member Rosenbera from the Reaular City Council meetina as an excused absence. Motion carried 4-0. No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. Council Meeting Minutes -2- July 8, 2003 Council Member Enger requested the June 24, 2003 Special City Council Worksession be amended on page 3, Item #2, fourth paragraph to read"... if he had talked with businesses and if he could comment on those discussions he mayor may not have had". M/Enger, S/Ulrich to approve the minutes of (1) Special City Council Worksession of June 24. 2003 as amended and (2) ReQular City Council MeetinQ of June 24. 2003. Motion carried 4-0. Item #1 Rick Jabs, Community Services Commission Chair, presented the 2003 annual Community Services Commission report, including an update on the outdoor pool renovations, policy decisions and future commission efforts. The City Council thanked the Community Services Commission for their efforts. They also thanked the ad hoc outdoor pool committee for their work. Item #2 Tom Tuttle, 7012 Garfield Avenue, Richfield Historical Society President, announced the capital fund drive underway to raise money for critical repairs at the Bartholomew House, 6901 Lyndale Avenue. He said the goal is to raise $25,000. David Butler, 7072 Lyndale Avenue, Capital Fund Drive Chair, encouraged the public's participation in the capital fund drive. He said a museum and history center to preserve Richfield's past are envisioned by the Historical Society. Council Member Enger suggested the Historical Society contact the Minnesota Trades and Labor Assembly because they may donate or at a reduced rate provide some man work hours. Item #3 Council Member Ulrich presented to Kristin Abel, Adaptive Recreation Supervisor, a proclamation designating July 6-12, 2003 National Therapeutic Recreation Week in Richfield. Item #4 Council Member Ulrich acknowledged the success of the July 4 celebration. The City Council thanked the Fourth of July Committee for their efforts and stated appreciation for City staffs' work to make the event successful. Council Member Ulrich acknowledged the League of Women Voters 50th anniversary and expressed appreciation to them for inviting Council Members Rosenberg, Sandahl and her and Mayor Kirsch to ride on their float in the Fourth of July parade. Council Meeting Minutes -3- July 8, 2003 Council Member Ulrich reported on recent Noise Oversight Committee meetings where discussion included airport forecasts aQd.~r~,l1,ds. Council Member Ulrich reported on a MnDOT communication regarding the State no longer mowing vacant lots or spraying for dandelions due to the State budget cuts. Council Member Enger asked if MnDOT is bound by the same property maintenance ordinance as Richfield residents. City Manager Orduno said yes, but if the property becomes a nuisance, the tax abatement process is not an option. She stated the State would be notified of the nuisance and hopefully, the cooperative working relationship between the City and State would continue and the problem corrected. Council Member Ulrich stated it is important for the public to be aware of the States responsibility for maintaining their areas. Council Member Ulrich encouraged Council Members to read the Audobon Society's communication regarding the need for a cat leash law and the Society's displeasure to the City's response since many birds are killed by loose cats. Council Member Sandahl reviewed the City's policy regarding storm debris clean-up in Richfield. She said the City Council consensus is to continue the past storm clean-up policy of the City being responsible for boulevard trees and the homeowner being responsible for private trees. Council Member Sandahl explained that property taxes collected in Richfield do not totally cover Police and Fire services. She said the City is always looking for other sources of revenue to cover the cost of City services. Council Member Enger stated that he hoped tree contractors were passing along to the residents the savings for dumping storm debris at the City's designated site. Item #5 None. Item #6 M/Ulrich, S/Sandahl to approve the aQenda. Motion carried 4-0. Item #7 A. Approved resolution appointing Rudy Hanuman to Richfield Tourism Promotion Board for remainder of three year-term ending December 31,2003 S.R. No. 147 RESOLUTION NO. 9350 RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. Council Meeting Minutes -4- July 8, 2003 This resolution appears as Resolution No. 9350 in Resolution Book No. 74. B. Approved resolution authorizing summary publication of Ordinance No. 2003-10, franchise ordinance agreement between Centerpoint Energy/Minnegasco and City of Richfield approved May 27,2003 S.R. No. 148 RESOLUTION NO. 9351 RESOLUTION APPROVING SUMMARY PUBLICATION OF FRANCHISE ORDINANCE AND AGREEMENT BETWEEN CENTERPOINT ENERGY IMINNEGASCO AND THE CITY OF RICHFIELD WHICH PERTAINS TO CENTERPOINT'S USE OF RICHFIELD'S RIGHT-OF-WAY This resolution appears as Resolution No. 9351 in Resolution Book No. 74. C. Removed from the consent calendar and placed on the regular agenda for consideration as Item 8. D. Removed from the consent calendar and placed on the regular agenda for consideration as Item 8. E. Removed from the consent calendar and placed on the regular agenda for consideration as Item 8. F. Approved on-sale 3.2 percent malt liquor, itinerant place of amusement and itinerant food licenses for Church of the Assumption, 305 East 78th Street, annual Fun Fiesta on August 10,2003 S.R. No. 152 M/Sandahl, S/Enger to approve the Consent Calendar as amended. Motion carried 4-0. Item #8 7C. Consideration of approval of resolution establishing just compensation and authorizing purchase of 6414-18th Avenue S.R. No. 149 Council Member Enger asked about the self-audit indicating a fund balance sufficient to purchase one additional residential property. City Manager Orduno explained this available funding is not in the City's possession so an internal audit would not have found this balance. She stated DTED has possession of the funds and the City determined there was an error in calculation. Council Member Enger asked about the remaining funds. City Manager Orduno stated there would be very little remaining funds after this purchase and relocation costs. She said the balance would be held for future use. M/Enger, S/Sandahl that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes -5- July 8, 2003 RESOLUTION NO. 9352 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 641418TH AVENUE SOUTH Motion carried 4-0. This resolution appears as Resolution No. 9352 in Resolution Book No. 74. 70. Consideration of approval of resolution establishing just compensation and authorizing purchase of two apartment buildings at 6412 and 6444 Cedar Avenue; Airport Noise Acquisition Program S.R. No. 150 Council Member Enger stated he removed this item from the Consent Calendar because this was a highly contentious issue with one or more residents regarding the use of these funds. Council Member Enger requested a record of all costs, expenses and disbursements related to the $10 million. City Manager Orduno stated that information was provided with Council Memo #69 dated July 3, 2003. Council Member Enger asked the status of the remaining apartment buildings. City Manager Orduno provided an update. M/Enger, S/Sandahl that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9353 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6412 AND 6444 CEDAR AVENUE AIRPORT NOISE ACQUISITION PROGRAM Motion carried 4-0. This resolution appears as Resolution No. 9353 in Resolution Book No. 74. 7E. Consideration of approval of renewal of lawful gambling license and resolution allowing bingo and pulltab operations for Church of the Assumption, 305 East 78th Street S.R. No. 151 Council Member Enger stated when bars allow pulltab operations, a non-profit group sells them with the proceeds going to a designated source. He asked how this works for the church and where the proceeds are going for the pulltabs. Council Member Sandahl stated the church is a non-profit organization and the proceeds will benefit the church members and various community services. City Manager Orduno stated the church is a fully defined non-profit with the proceeds going to a multitude of programs. M/Enger, S/Sandahl that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9354 A RESOLUTION GRANTING APPROVAL FOR THE CHURCH OF THE ASSUMPTION TO CONDUCT LAWFUL GAMBLING Council Meeting Minutes -6- July 8, 2003 Motion carried 4-0. This resolution appears as Resolution No. 9354 in Resolution Book No. 74. Item #9 Council Member Sandahl presented Staff Report No. 153 regarding disciplinary hearings and consideration of resolutions regarding civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth. Airport Bowl - 7711 Fourth Avenue - Dave White, co-owner, admitted the violation occurred and stipulated to the suspension and penalty. M/Sandahl, S/Enger that the followina resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9355 RESOLUTION SUSPENDING THE ON-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR AIRPORT BOWL, 7711 4TH AVENUE SOUTH, AND IMPOSING A CIVIL PENAL TV FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Council Member Enger asked how the failure happened. Mr. White explained the circumstances. Council Member Enger stated he has recommended to past establishments who have failed a compliance check, to have a sign on the wall stating the legal birth date and have employees sign an acknowledgement of the date prior to the start of each shift. Mr. White said his establishment has many signs. Council Member Ulrich stressed to Mr. White the need for consistent re-enforcement. Motion carried 4-0. This resolution appears as Resolution No. 9355 in Resolution Book No. 74. Shortstop Superette - 7034 Cedar Avenue - Laurie Marette, owner, admitted the violation occurred and stipulated to the suspension and penalty. M/Sandahl, S/Ulrich that the followina resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9356 RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR SHORTSTOP SUPERETTE, 7034 CEDAR AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Council Member Ulrich stressed the importance of consistent re-enforcement regarding the legal birth date and liquor sales. Council Meeting Minutes -7- July 8, 2003 Council Member Enger commended Shortstop for taking steps with installation of a new cash register system to prevent a futu~e t~~}H~e. Motion carried 4.0. This resolution appears as Resolution No. 9356 in Resolution Book No. 74. Taco Morelos - Two West 66th Street - Luis Caire, working for attorney Mike Hagar, requested an appearance before a hearing officer to contest the civil penalty. He stated there were two issues needing additional review. City Manager Orduno stated the Taco Morelos compliance check will again be presented to the City Council following the hearing. Item #10 Council Member Enger presented Staff Report No. 154 regarding consideration of Richfield zoning code classification "firearms related uses" as conditional use in general commercial (C-2) and industrial (I) zoning districts; a resolution calling for a moratorium of "firearms related uses" and directing study undertaken; a first reading of an ordinance directing study be conducted and a moratorium established for "firearms related uses" in C-2 and I zoning districts and a public hearing and second reading for August 12, 2003; and a resolution denying a request to establish a firearms safety training center at 6611 Chicago Avenue. Council Member Enger expressed support for the need to regulate firearms related uses. M/Enger, S/Ulrich that the followinQ resolutions be adopted. that they be spread in the resolution book and that they be made part of these minutes; to classify "firearms related uses" as a Conditional Use in the C-2 and I zoninQ districts; conduct a first readinQ of the ordinance directinQ that a study be conducted and a moratorium be established for "firearms related uses" and set a date of AUQust 12 for a second readinQ and public hearinQ for an ordinance directinQ that a study be conducted and a moratorium be established for "firearms related uses: RESOLUTION NO. 9357 RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO FIREARMS- RELATED USES OF LAND IN THE C-2 AND I ZONING DISTRICTS RESOLUTION NO. 9358 RESOLUTION DENYING REQUEST TO ESTABLISH A FIREARMS SAFETY TRAINING CENTER AT 6611 CHICAGO AVENUE SOUTH Council Member Ulrich stated the area on Chicago Avenue seems too small and a firearms training center not an appropriate use for a residential area. Council Meeting Minutes -8- July 8, 2003 City Attorney Thomson stated the gun range is proposed to not be located in the existing building, but rather inside a portable gun range. Council Member Enger said this setting appeared to be improper. Mayor Kirsch asked if the appropriate notice would be sent to the neighborhood regarding the proposed use. City Manager Orduno said yes. Motion carried 4-0. These resolutions appear as Resolution No.'s 9357 and 9358 in Resolution Book No. 74. Item #11 Council Member Ulrich presented Staff Report No. 155 regarding a second reading of an amendment to Chapter VIII of the Richfield City Code for a new right-of-way ordinance and consideration of a resolution authorizing a summary publication of the ordinance amendment. Council Member Ulrich explained the primary difference between the proposed and existing right-of-way (ROW) ordinance. She stated the placement of a dumpster in the ROW should be allowed on a very limited basis within the guidelines of the obstruction permit because of the potential hazards and liability issues. M/Sandahl, S/Ulrich to close the public hearinQ. Motion carried 4-0. Council Member Ulrich asked about the strength of the proposed ordinance related to enforcement of timelines to get construction projects completed. She also asked how a construction delay would be determined. City Attorney Thomson stated there is a section in the ordinance that allows a construction delay penalty. City Manager Orduno stated that within the permit process there would be a construction schedule. She said the City could require the removal of the obstruction or use the delay penalty. Public Works Director Eastling explained the obstruction permit process. Council Member Ulrich expressed concern regarding how to encourage utility companies to maintain the property after construction is finished. Public Works Director Eastling stated the City has a good, on-going working relationship with the utility companies and would notify the companies of maintenance problems. Council Member Enger expressed concern regarding the placement of dumpsters in the street. He referenced the proposed ordinance that states an obstruction permit is not required if a person already possesses a valid excavation permit for the same project. Council Meeting Minutes -9- July 8, 2003 Council Member Enger stated an excavation and obstruction permit should be required if creating an obstruction. He added the:9~mpster should have identification of the owner and reflective markings on it. . . Public Works Director Eastling explained the separate uses for the two permits. Council Member Enger stated the ordinance should be written that any time a dumpster is in the street, an obstruction permit is required. Public Works Director Eastling stated staff could determine if the obstruction is part of the excavation and if the additional permit is necessary. Council Member Enger asked who maintained the boulevard if it is repaired as part of the project. Public Works Director Eastling stated the contractor is required to maintain the area for 60 - 90 days and then the adjacent property owner is notified the contractor maintenance is finished. M/Ulrich, S/Sandahl that this constitutes the second readino of Bill No. 2003-11 a Rioht-of- Way Ordinance. that it be published in the official newspaper and that it be made part of these minutes: and 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. 9359 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO CHAPTER VIII OF THE RICHFIELD CITY CODE WHICH PERTAINS TO RIGHT-OF-WAY Motion carried 4-0. This resolution appears as Resolution No. 9359 in Resolution Book No. 74. Item #12 Council Member Ulrich left the meeting at this time because of a conflict of interest on this item since she lives in the Lyndale Gateway West (LGW) project area. Mayor Kirsch presented Staff Report No. 156 regarding a second reading of a transitory ordinance authorizing the sale of parcels at 7645 Aldrich and 7646 Lyndale Avenues to the Cornerstone Group. M/Sandahl, S/Enger to close the public hearino. Motion carried 3-0. Council Member Enger asked, if the Cornerstone project fails, would the City retain ownership of these parcels. City Manager Orduno said yes. Council Meeting Minutes -10- July 8, 2003 Mayor Kirsch said one of the parcels would be used for the sales trailer so it could be on site. Council Member Enger asked if the alley would be used as an exit/entrance to the sales trailer. City Manager Orduno explained the traffic flow, including use of the alley. M/Kirsch, S/Sandahl that this constitutes the second reading of Bill No. 2003-12. Transitory Ordinance 18.24 authorizing the sale of parcels located at 7645 Aldrich Avenue and 7646 Lvndale Avenue to the Cornerstone Group. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 3-0. Item #13 City Manager Orduno announced no City Council action on this item was necessary. Item #14 M/Sandahl, S/Enger that the following claims and pavrolls be approved: RICHFIELD BANK & TRUST CO. AlP Checks: 125119 - 125129 PAYROLL 35501 - 35656 TOTAL $ 931,329.94 $ 463,019.66 $ 1,394,349.60 Motion carried 3-0. Item #15 The City Council meeting was adjourned by unanimous .:n:nt at 8:1, 1m. '. Il Date Approved: Ju1v 22, 2003 ~~d ~ Ma . J. Kirs a C~~~ Recording Secretary