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05-10-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 10, 2005 The meeting was called to order by Mayor Pro Tempore Sandahl at 6:32 p.m. Members Present: Sue Sandahl, Mayor Pro Tempore; Susan Rosenberg; Fred Wroge; and Bill Kilian. Members Not Present: Staff Present: Martin Kirsch, Mayor. Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Christine Costello, Zoning Administrator; Betsy Osborn, Health Administrator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Kilian to excuse the absence of Mayor Kirsch from the May 10, 2005 Reoular City Council Meetino. Motion carried 4-0. No one was registered to speak. Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance. M/Rosenberg, SlWroge to approve the minutes of (1) Special City Council Worksession of April 26. 2005: (2) Reoular City Council Meetino of April 26. 2005: and (3) Special City Council Worksession of April 26. 2005. Council Meeting Minutes -2- May 10, 2005 Motion carried 4-0. Item #1 Dave Van Hattum, Commuter Services Director; reported on commuter services activities. Melissa Madison, Commuter Services representative who serves Richfield along the 1-494 Corridor, discussed the alternatives to driving. A video was shown on the benefits of the commuter van pool program. Ms. Madison, on behalf of the 1-494 Commuter Services, presented certificates of recognition to Best Buy and Richfield Chamber of Commerce for their partnerships to promote alternative commuter modes. Item #2 Charlie O'Brien, Advisory Board of Health Chair, provided an annual report on the board's past year's accomplishments. Jo Romer, Advisory Board of Health Co-Chair, discussed making an emergency plan will be included in the City's utility bill. The City Council thanked the Advisory Board of Health for their work. Item #3 Mayor Pro Tempore Sandahl presented a proclamation designating May 21,2005 as Richfield History Day to Lisa Plank, History Center Director. Ms. Plank announced the grand opening of the History Center on Saturday, May 21 from 10:00 a.m. to 4:00 p.m. Item #4 Council Member Kilian presented a proclamation designating May 15-21, 2005 as Small Business Week in Richfield to Patti Chadwell and Gary Wiberg, Chamber of Commerce Co-Chairs. Ms. Chadwell announced Cornerstone Real Estate Sales and Home Loans and Richfield- Bloomington Honda were this year's recipients of the Small Business Award. '~-" Council Meeting Minutes -3- May 1 0, 2005 Item #5 Council Member Rosenberg presented a proclamation designating May 15-21, 2005 as National Police Week in Richfield to Public Safety Director Dan Scott. Mr. Scott distributed Minnesota Twins baseball cards sponsored by Minnesota Crime Prevention that are given to children. Andre Thilbault, representing the Richfield-Bloomington Credit Union, presented a $2,000 check to the Richfield Police Division to assist in expanding the canine program to two dogs. Item #6 Council Member Rosenberg announced that the Richfield High School has two band students in the 2005-06 all-state band and also two alternates. Council Member Rosenberg announced the Human Rights Commission town meeting on May 17 at the Community Center. There will be a panel discussion on diversity issues. Item #7 M/Rosenberg, S/Kilian to approve the aQenda. Motion carried 4-0. Item #8 A. Approved resolution assigning professional services agreement with Conworth, Inc. for land acquisition services related to Cedar Point Project to Richfield HRA S.R. No. 86 RESOLUTION NO. 9612 A RESOLUTION ASSIGNING A CERTAIN CONTRACT TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD This resolution appears as Resolution No. 9612 in Resolution Book No. 75. B. Approved resolution authorizing City of Richfield Public Safety Department to participate jointly with Minnesota State Patrol in agreement with and acceptance of grant funds not to exceed $400 from State of Minnesota, Commissioner of Public Safety, to pay overtime to officers involved in Operation NightCAP S.R. No. 87 Council Meeting Minutes -4- May 10, 2005 RESOLUTION NO. 9613 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP This resolution appears as Resolution No. 9613 in Resolution Book No. 75. C. Approved resolution authorizing Richfield Public Safety Department acceptance of $2,000 donation from Richfield/Bloomington Credit Union to be used by Police Division S.R .No. 88 RESOLUTION NO. 9614 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $2,000 FROM RICHFIELD/BLOOMINGTON CREDIT UNION This resolution appears as Resolution No. 9614 in Resolution Book No. 75. D. Approved resolution authorizing acceptance of $88,200 in grant funds from Hennepin County Emergency Preparedness Division to purchase 800 MHz radio equipment S.R. No. 89 RESOLUTION NO. 9615 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ACCEPT GRANT FUNDS FROM THE HENNEPIN COUNTY EMERGENCY PREPAREDNESS DIVISION FOR THE PURPOSE OF PURCHASING 800 MHz RADIO EQUIPMENT This resolution appears as Resolution No. 9615 in Resolution Book No. 75. E. Approved revision to contract with Orfield Laboratories contract for additional $5,500 for creation of summary document of completed design standards for low frequency noise compatible construction in 87 dB area S.R. No. 90 M/Kilian, S/Rosenberg to approve the Consent Calendar. Motion carried 4-0. Item #9 None. Item #10 Council Member Kilian presented Staff Report No. 91 regarding a second reading of ordinance amendments to Richfield Zoning Code Section 506.07, Subd. 79; Section 521.05, Subd. 11; Section 521.21, Subd. 10; and Section 521.41, Subd. 10 to create new regulations for private Council Meeting Minutes -5- May 10, 2005 driveways in single family residential, low-density single family residential and two family residential zoning districts. M/Rosenberg, SNVroge to close the public hearinq. Motion carried 4-0. M/Kilian, S/Rosenberg that this constitutes the second readinq of Bill No. 2005-8 amendinq Richfield Zoninq Code Section 506.07 Subdivision 79 and 521.05 Subdivision 11 and Section 521.21 Subdivision 10. and Section 521.41 Subdivision 10 to create new requlations for private driveways. that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Council Member Wroge stated he was glad this matter was moving forward and this is the first step in addressing residential parking concerns. Mayor Pro Tempore Sandahl agreed and added many complaints are received on this issue. Item #11 Council Member Wroge presented Staff Report No. 92 regarding a resolution regarding an off- street parking permit for 7709 Pillsbury Avenue (continued from April 26, 2005). Bill and Linda Kerker, applicants, explained the parking needs of the other business on the property and requested the City Council consider the true parking needs of their landscaping business. There could be nine stalls with additional green space or ten stalls with the initially- proposed green space. He said he is trying to do all the right things. Council Member Wroge stated he wanted the landscaping business in Richfield but when he visited the site, he became aware of other issues with parking by other businesses. He said he does not want cars parked on the street. Mayor Pro Tempore Sandahl stated the resolution, as drafted, permits eleven off-street parking spaces which requires the business to find two additional off-street spaces. Community Development Director Palmborg explained a letter received today from the other business, MADA, provides some changes with the parking facts. Mayor Pro Tempore Sandahl stated it appears the fellow tenant has six spaces and with the re-striping there are nine spaces with the landscaping company. Council Member Kilian asked City staff's opinion regarding having landscaping or additional parking space. Community Development Director Palmborg stated the parking spaces could be nine to accommodate the landscaping. He added staffs' point of view is that the additional information from the other tenant suggests that arrangement is likely to succeed. The City's parking standards suggest 14 spaces but this is a peculiar situation as to the proposed use. Section 800 of the City Code permits the City Council to establish the number of parking spaces. Council Member Wroge asked about a boulevard feature permit. Community Development Director Palmborg explained the City is authorized to issue a boulevard feature permit to allow use of the space. The permit is needed for the parking across the front of the building because the business needs to cross the boulevard for parking space use. Council Meeting Minutes -6- May 10, 2005 Council Member Wroge asked about driving over the curb. Community Development Director Palmborg explained that most spaces are accessed by the driveway. There is a traditional curb line so the boulevard permit is necessary. Mr. Kerker stated the other tenant will likely not use all six of their spaces on a daily basis. Nine spaces may work for everyone. What's proposed is a huge improvement over what's there currently. Council Member Wroge said he was told by the other tenant's manager is that they'll need six spaces everyday. Ms. Kerker distributed a copy of the MADA lease which states they have only six spaces. If more space is needed temporarily, there will be street parking. Mr. Kerker stated the next issue to be addressed is the property line with an adjoining property if the off-street parking permit is approved. Mayor Pro Tempore Sandahl stated that if the business grows, the number of employees will increase. She added the parking will be periodically reviewed by City staff and will be returned to the City Council only if there is a change in use. Community Development Director Palmborg stated that if the business grows, they may need more office space so the current tenant may be asked to leave to provide additional space and parking. Council Member Kilian stated it appears the use of the parking area may vary and he is not uncomfortable with approving a use that is less than City standards. Council Member Wroge said cars need to be kept off the street. MlWroge, S/Kilian to approve and adopt the amended resolution to chan!:!e the off-street parkin!:! spaces from eleven to nine. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9616 RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 7709 PILLSBURY AVENUE Motion carried 4-0. This resolution appears as Resolution No. 9616 in Resolution Book No. 75. Item #12 Council Member Rosenberg presented Staff Report No. 93 regarding a new taxi license for Morelos Taxi, 3909 Fifth Avenue South, Minneapolis, MN. Council Member Rosenberg stated, if the previous violations included in the Staff Report are not a factor, she recommends approval of the license. Public Safety Director Scott said the violations are far enough in the past and not a major concern. Staff's recommendation would be approval. Rafael Gutierrez Saavedra, owner/operator, expressed appreciation for the support. Council Member Wroge asked if this was a new business. Council Meeting Minutes -7- May 10, 2005 Mr. Saavedra stated he previously worked for another taxi company but decided he could do better on his own. Council Member Wroge stated insurance was needed for the third vehicle. Public Safety Director Scott clarified the license is not issued until all the required documents are provided. Council Member Kilian said the taxi license requires an annual renewal. City Manager Devich stated past practice on matters with concerns is for staff to not make a recommendation to the City Council. If the City Council would like that process to change, staff could make a recommendation which the City Council could revise. The City Council consensus was to have the Public Safety recommendation be included within the staff report. M/Rosenberg, S/Kilian to approve the request for a new taxi license for Morelos Taxi. 3909 Fifth Avenue South. Minneapolis. Motion carried 4-0. Item #13 City Manager Devich reported on the following: . Tax increment redevelopment financing bill is included in the House and Senate Finance bill and there appears to be no controversy. If it is passed, the City Council will be asked to ratify it. . As follow up to the May 9 City Council Worksession discussion regarding a $5,000 donation to the Richfield History Center, the City Attorney needs to draft an agreement to provide a purchase of services. . Staff has scheduled a meeting with MAC representative, Kari Berman, to discuss airport issues and tour the east side. . The MPCA will provide an air quality monitoring system in east Richfield with minimum cost to the City. Item #14 Mayor Pro Tempore Sandahl requested the Claims and Payroll report be reoriented to portrait rather than landscape formatting. City Manager Devich stated staff is still working on preparing the report to reclassify the expenditures by business unit. M/Rosenberg, SlWroge that the followina claims and pavrolls be approved: M & I BANK AlP Checks: 140145 - 140477 PAYROLL 20128-20461, 39669 - 39671 TOTAL $ 1,805,912.81 $ 446,320.08 $ 2,252,232.89 Council Meeting Minutes -8- May 10, 2005 Motion carried 4-0. Item #15 City Attorney Thomson stated the City Council should be given a brief update on the potential litigation against the Minnesota Department of Public Safety and discuss strategic options. These discussions require absolute confidentiality and should occur in a Closed Executive Session. City Attorney Thomson stated the City Council could reconvene to the open session for a public decision. Mayor Pro Tempore Sandahl recessed the Regular City Council meeting at 7:55 p.m. to a Special City Council Closed Executive Session in the Executive Conference Room. The Closed Executive Session was convened pursuant to M.S. 13D.05,subd. 3(b). Item #16 The Regular City Council meeting reconvened at 8:08 p.m. in the City Council Chambers. City Attorney Thomson stated the City Attorney's office recommended the City Council authorize the initiation of legal proceedings against the Minnesota Department of Public Safety for the purpose of determining what obligation the Department of Public Safety has to the City to reimburse the City for certain health care costs. M/Kilian, S/Rosenberg to authorize the City Attornev to commence a declaratory iudqement aqainst the Minnesota Department of Public Safety. Mayor Pro Tempore Sandahl stated the City is attempting to determine answers to questions and if the State is required to reimburse certain health care costs. Legal fees are paid by the League of Minnesota Cities Insurance Trust. Motion carried 4-0. Item #17 Date Approved: May 24, 2005 /7 ~ ,,/'/ 9 ' elf. r ,u~;{ Cher~~ol Recording Secretary