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10-22-01 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 22, 2001 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:04 p.m. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present:Samantha Orduno, City Manager;Steven Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Chris Regis, Finance Manager; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. OPEN FORUM No one had registered to speak. Mayor Kirsch asked if there was anyone in the audience who had not registered, but wished to address the City Council. Robert Hall, 7309 Oliver Avenue, commented on the lack of follow-up related to the 76th Street/Humboldt/Knox neighborhood traffic meeting held in September. City Manager Orduno stated discussion related to that matter was on this evening’s City Council agenda. Council Meeting Minutes-2-October 22, 2001 ADJOURNMENT Mayor Kirsch adjourned the Open Forum portion of the meeting by unanimous consent at 7:06 p.m. CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:06 p.m. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present:Samantha Orduno, City Manager; Steven Devich, Administrative Services Director; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Enger to approve the minutes of (1) Special City Council Worksession of October 8, 2001 and (2) Regular City Council Meeting of October 8, 2001. Motion carried 5-0. Council Meeting Minutes-3-October 22, 2001 Item #1PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH – OCTOBER 2001 Council Member Rosenberg presented to Heather Magnuson and Teresa Rosen, Cornerstone representatives, the proclamation designating October 2001 as National Domestic Violence Awareness Month. Ms. Magnuson thanked the City Council for this recognition and stated Cornerstone was proud of the relationship with the City. Item #2RECOGNITION OF CITY OF RICHFIELD MAKE A DIFFERENCE DAY ACTIVITY City Manager Orduno explained the City of Richfield Make a Difference Day activity which was coordinated by Pam Dmytrenko, Assistant to the City Manager. She said the City-initiated, year-long, volunteer project at Richfield Intermediate School includes 40 staff members who will provide literacy tutoring to students who need individual help and attention. COUNCIL DISCUSSION Council Member Sandahl invited the public to the Richfield 2020 Forums on October 23 and 24. She said the forums have been posted as Special City Council meetings. Council Member Enger announced a town meeting on October 25 in Bloomington regarding traffic issues and congestion. He said Dick Day and Elwyn Tinklenberg would be present. Council Members Ulrich and Enger will attend. Council Member Ulrich announced a League of Women Voters public information meeting on October 25 regarding the school district referenda. City Manager Orduno said the October 25 traffic meeting and the League of Women Voters meeting will not be posted as Special City Council meetings because they do not meet the three-day posting open meeting law requirement. Council Member Ulrich discussed changing the picture display of past and present City Council Members that is in the Council Chambers. She suggested a plaque with the names and dates of service be displayed instead of the pictures. Council Meeting Minutes-4-October 22, 2001 The Council agreed to continue with the pictures at the same, larger size, but in color. Public Safety Director Scott explained the identification “tents” that liquor establishments will be using as an additional method to eliminate the sale of alcohol to minors. Item #3COUNCIL APPROVAL OF AGENDA M/Rosenberg, S/Sandahl to approve the agenda. Motion carried 5-0. Item #4CONSENT CALENDAR A.Approved appointment of HLB Tautges, Redpath, Ltd. as City’s auditor for financial reporting fiscal years 2001-2003 S.R. No. 261 B.Approved contract extension with Hennepin County to allow continued access to property information system from January 1 through December 31, 2002 S.R. No. 262 C.Approved first reading of transitory ordinance authorizing conveyance of real property to State of Minnesota Department of Transportation for highway improvements to I- 494 and authorizing conveyance of remnant parcel to Century Court Apartments and setting public hearing and second reading for November 26, 2001 S.R. No. 263 D.Approved resolution authorizing amendment to conditional use permit to allow Eddie’z Auto Wash to complete site and building improvements to car wash and service station at 2816 West 66th Street S.R. No. 264 RESOLUTION NO. 9105 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT 2816 66TH STREET WEST This resolution appears as Resolution No. 9105 in Resolution Book No. 73. E.Approved request for currency exchange license renewal for Community Money Centers, Inc., dba Money Centers, 6525 Nicollet Avenue S.R. No. 265 F.Approved towing services contract renewal with Chief’s Towing, Inc., 8610 Harriet Avenue, Bloomington, for December 2001 through November 2002 S.R. No. 266 Council Meeting Minutes-5-October 22, 2001 G.Approved reallocation of $2,200 in 2001 capital improvement budget to fund purchase of two new windows and one new door at Wood Lake Nature Center S.R. No. 267 M/Rosenberg, S/Sandahl to approve the Consent Calendar. Motion carried 5-0. Item #5CONSIDERATION OF NEW TAXI LICENSE FOR GADA TAXI, 912-22ND AVENUE SOUTH, MINNEAPOLIS S.R. NO. 268 Public Safety Director Scott reviewed Staff Report No. 268 regarding the consideration of a new tax license for Gada Taxi, 912 22nd Avenue South, Minneapolis. He said an issue at the 7733 Portland Avenue address has been non-compliance with the zoning requirements, which do not allow more than 13 vehicles to be parked on the lot. He said there were at least 21 vehicles on the lot today, which is over the maximum. He said the owner has been contacted regarding the code requirements. Etefa Tinti, owner of Gada Auto Service, 7733 Portland Avenue, said the vehicles may have been there waiting for repair by the gas station/repair shop. Council Member Rosenberg said the issues related to this property resembles the situation addressed previously by the City Council in the 76th Street/Knox Avenue area. She said the issues are difficult to address. City Manager Orduno said the City Council directed staff to be more diligent with code compliance issues so owners need to be aware of the permitted uses because citations will be issued if they are in non-compliance. M/Ulrich, S/Enger to deny the taxi license for Gada Taxi because of vehicle storage issues and the owner does not appear to be cognizant of the code requirements. Mr. Tinti said he tried to explain the parking locations to the City. He said the taxi business is not from the Portland Avenue location, he just wants a license to pick up fares in Richfield like the other taxis. City Attorney Thomson stated the issuance of the taxi license for Richfield is unrelated to the zoning compliance issues. She explained that it is not appropriate for the City Council to deny the taxi license if the Portland Avenue property is not used for the taxi business. She said if there is a history of taxi use or the operation without a license, that information would be relevant to the issuance of a taxi license. Mayor Kirsch asked why the Portland Avenue address is listed in the Staff Report. City Attorney Thomson said this was related to a past incident of the taxi business being operated from that location. Council Meeting Minutes-6-October 22, 2001 Council Member Sandahl asked about the type of vehicles on the property. Public Safety Director Scott said one was a taxi, the others were not, but no checks were run as to the owners of those vehicles. City Manager Orduno said many vehicles were waiting for repairs, which makes it difficult to determine their use. She said the Minneapolis address is where the taxi is dispatched to pick up fares in Richfield, therefore a taxi license is necessary. She said the repair of vehicles at that location is a separate issue. Council Member Sandahl confirmed that the taxi license request before the City Council is to allow fare pick up in Richfield. Mr. Tinti said he is more interested in his auto repair service and wants to maintain that business, but wants to legally do taxi pick up fares in Richfield. Council Member Ulrich clarified the City Council’s interest in code enforcement and the expectation that the ordinances will be followed. Public Safety Director Scott stated the taxi license is renewed annually. Council Member Sandahl spoke against the motion as it stands after the statements presented by the City Attorney. She suggested that Gada Taxi be given an opportunity to do taxi business in Richfield for one year. She added that if the business is in non- compliance when the license is to be renewed, the renewal might be in jeopardy. Council Member Ulrich asked how difficult it is to determine non-compliance. Public Safety Director Scott said it is difficult and the owner is relied on to act correctly. Mr. Tinti expressed concern that the City may assume the vehicles waiting for repair are taxis and a taxi business is being operated. Council Member Ulrich withdrew her motion to deny the taxi license. Council Member Enger asked, if used as a staging area, is the Portland Avenue property a taxi business since they’re using cell phones not an office. City Manager Orduno said yes, if dispatching is from the station. City Attorney Thomson said the City would need to consider all facts and circumstances and if a clear pattern is established, the City could determine the use as a taxi business and it would violate the zoning ordinance. Mr. Tinti explained the operation of his taxi business and that the Portland Avenue location is not used as a staging area. He said he didn’t want the taxi license if it caused problems for his repair business. Council Meeting Minutes-7-October 22, 2001 Public Safety Director Scott clarified that the taxi license request before the City Council tonight is for one taxi only. City Manager Orduno clarified that no more than 13 vehicles are permitted at one time, irregardless if they’re taxis or not. Council Member Enger withdrew his second on the earlier motion to deny the taxi license on the basis that the license is for one taxi for picking up fares in Richfield. M/Sandahl, S/Rosenberg to approve the request for a new taxi license for Gada Taxi, 912 22nd Avenue South, Minneapolis, with emphasis that if non-compliance becomes an issue, this matter will be brought back before the City Council. Mayor Kirsch asked if the license could be revoked by the City Council before the one-year expiration if violations occur. City Attorney Thomson said the issuance of the license includes the right to revocation if there are violations. Council Member Ulrich asked if a no vote from her would be appropriate with the rationale that she wants to make the seriousness of code compliance clear. City Attorney Thomson said that if the license is denied, the basis needs to be on the non-compliance with City requirements related to a taxi license and not merely excessive parking on the Portland Avenue property. She said a violation could include the prior operation within the City without a license and for more than one violation. Council Member Ulrich said the previous history of a violation is her rationale for voting against issuance of this taxi license. Motion carried 4-1. (Ulrich opposed.) Item #6CONSIDERATION OF REVISED PLANS AND LAYOUT FOR 66TH STREET/HIGHWAY 77 INTERCHANGE AND LOCAL STREET IMPROVEMENTS SUBJECT TO SIGNING AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR SECURING FUNDS TO ACQUIRE ADDITIONAL HOMES ON 18TH AVENUES.R. NO. 269 City Manager Orduno reviewed Staff Report No. 269 regarding consideration of revised plans and layout for 66th Street/Highway 77 Interchange and local street improvements subject to signing an agreement with Metropolitan Airports Commission for securing funds to acquire additional homes on 18th Avenue. Council Member Enger asked if this action supercedes the previous action regarding the purchase of homes with the amendment related to no truck traffic on 18th Avenue. Council Meeting Minutes-8-October 22, 2001 City Manager Orduno answered no. Council Member Sandahl requested the record indicate the acquisition of these homes includes the family home where she grew up. M/Sandahl, S/Kirsch to approve the revised layout and plan set for the 66th Street/Highway 77 Interchange and local street improvements subject to signing an agreement with the Metropolitan Airports Commission for securing funds to acquire additional homes on 18th Avenue. Motion carried 4-0. (Rosenberg absent.) Item #7CONSIDERATION OF APPOINTMENTS TO FILL YOUTH TERMS ON CITY’S ADVISORY COMMISSIONS S.R. NO. 270 Mayor Kirsch stated applicants to fill youth terms on the City’s advisory commissions were interviewed at Special City Council meetings on October 1 and 22. M/Ulrich, S/Enger to appoint the following persons to fill the youth terms on the City’s advisory commissions: NameCommissionTerm Expires Gabriel HollAdvisory Board of HealthAugust 31, 2002 Matt WozniczkaHuman Rights CommissionAugust 31, 2002 Chelsea StrateFriendship City CommissionAugust 31, 2002 Motion carried 5-0. Item #8CONSIDERATION OF MAYOR’S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER FOR FIVE YEAR TERM EXPIRING OCTOBER 2006 S.R. NO. 271 M/Kirsch, S/Rosenberg to appoint Joan Helmberger as Housing and Redevelopment Authority Commissioner for a five-year term expiring October 2006. Motion carried 5-0. Council Meeting Minutes-9-October 22, 2001 Item #9REPORT REGARDING TRAFFIC CALMING COMMITTEE FOR 66TH/76TH/PENN AVENUE/I-35W AREA Public Works Director Eastling explained that it is necessary to work through a process with the neighbors in the 66th/76th/Penn/I-35W area related to traffic issues. He said the process would include some staff time and some limited consultant time. He added funding might be a consideration of the committee if extraordinary efforts are to be included. Council Member Rosenberg said she definitely wants to be involved and supports and endorses this process, and requested meetings be scheduled. She also requested that these meetings be posted as Special City Council meetings so other City Council Members can attend if they so desire. M/Rosenberg, S/Sandahl to approve the formation of a resident advisory committee on neighborhood traffic issues for the 66th/76th/Penn/I-35W area, and the committee shall be comprised of the individuals who volunteered to participate. Motion carried 5-0. CITY MANAGER’S REPORT City Manager Orduno announced the first regular City Council meeting in November will be held on Tuesday, November 13 due to the Veterans’ Day Holiday. Item #10CLAIMS AND PAYROLL M/Rosenberg, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks:110434 - 110455$524,017.56 H/C111147 - 111460$945,484.33 PAYROLL27272 - 27450$480,043.17 TOTAL$1,949,545.06 Motion carried 5-0. Council Meeting Minutes-10-October 22, 2001 Item #11ADJOURN TO SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM TO DISCUSS NEW FORD TOWN/RICH ACRES PARK CONDEMNATION LITIGATION Mayor Kirsch adjourned the meeting at 8:23 p.m. to continue with the Closed Executive Session in the Executive Conference Room. The Mayor noted that the Council would reconvene in the Council Chambers after the Closed Executive Session concluded. Item #12RECONVENE REGULAR CITY COUNCIL MEETING The Regular City Council Meeting reconvened at 8:47 p.m. Item #13REPORT REGARDING NEW FORD TOWN/RICH ACRES PARK CONDEMNATION LITIGATION Mayor Kirsch stated that an update was received at the Closed Executive Session regarding the New Ford Town/Rich Acres Park condemnation litigation. He said further updates will be received as the process proceeds. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:49 p.m. Date Approved: Martin J. Kirsch Mayor Cheryl KrumholzSamantha Orduno Recording SecretaryCity Manager