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07-10-07 Regular ....... IIIIIIIIIIIIIII CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 10, 2007 .1 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:05 p.m. 1 ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Fred Wroge; and Susan Rosenberg. Members Not Present: Bill Kilian. Staff Present: Steve Devich, City Manager; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; Brad Sveum, Fire Services Director; Dan Scott, Public Safety Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. M/Sandahl, S/Wroge to excuse the absence of Council Member Kilian from both July 10. 2007 Special City Council Worksessions. Special City Council Closed Executive Session and ReQular City Council MeetinQ. Motion carried 4-0. I OPEN FORUM No one was registered to speak. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- July 10, 2007 M/Rosenberg, S/Sandahl to approve the minutes of (1) Special City Council Worksession of June 26. 2007 and (2) ReQular City Council MeetinQ of June 26. 2007. Motion carried 4-0. Item #1 SWEARING IN OF RICHFIELD POLICE OFFICER RYAN JENSEN Public Safety Director Scott administered the swearing in of Richfield Police Officer Ryan Jensen. Item #2 ANNUAL MEETING WITH COMMUNITY SERVICES COMMISSION This item was postponed to a future date. Item #3 COUNCIL DISCUSSION . HATS OFF TO HOMETOWN HITS The City Council acknowledged the efforts of the Fourth of July Committee and the success of the activities and events, especially the parade. Mayor Goettel stated there had been a meeting with MnDOT, Federal Highway Administration, City of Minneapolis and City of Richfield key officials and staff related to the noise from the Crosstown reconstruction project. Kate Bartelt, Crosstown Public Information Team, provided an update on the public communication efforts regarding construction noise and work schedules. She stated there is a full briefing on the construction on Thursday, July 12 in the Richfield Council Chambers. City Attorney Thomson said the July 12 meeting is not posted as an open meeting of the City Council and reminded them a quorum cannot be present. Council Member Rosenberg announced the Frasier School garden tour on July 21. Council Member Rosenberg requested the west side of Richfield between Penn and Xerxes Avenues receive special consideration for continuing the Crosstown noise wall. City Manager Devich stated that portion of the soundwall is not part of the planned Crosstown project. The City Council may wish to make this request part of the City's legislative package for next year. Council Member Rosenberg said the north side of the freeway in Minneapolis may want to join, also. Council Member Wrage stated the City should try to get a soundwall on Richfield's side of Cedar Avenue for the freeway noise. Council Meeting Minutes -3- July 10, 2007 Council Member Rosenberg added that the residents along the north side of 1-494 also experience freeway noise and a soundwall may want to be considered. Council Member Rosenberg stated that after many conversations with people in Richfield and other communities, she is not convinced that the roundabout at 66th Street and Portland Avenue should go forward. She requested further action on this roundabout be tabled until the roundabouts at 66th Street and Richfield Parkway and 70th Street and York Avenue in Edina are open to determine how they handle high traffic flow. She said she has not met anyone, other than a Transportation Commission Member, who supports the roundabout. She expressed concern that pedestrian and bicycle safety issues have not been addressed. Council Member Rosenberg said she is supportive ofthe roundabout on a personal level but there is genuine fear in the community. She said she was not making a motion or asking for a vote but proposing a City Council consensus to table moving forward until an objective study on the 66th Street and Richfield Parkway and 70th Street and York Avenue roundabouts was conducted. She requested staff obtain the timeline for the 70th Street and Yo'rk Avenue roundabout. Council Member Rosenberg stated that if she voted on the 66th Street and Portland Avenue roundabout right now, she would not support it. She said she wasn't sure what type of conflict a delay may create but the she needs to be convinced the roundabout is the right thing to do. The City Council needs to take a hard look at the intersection and listen to the community. Council Member Sandahl said the 66th Street and Richfield Parkway roundabout is scheduled to open in mid-August. She suggested the acquisition process for what is needed for the 66th Street and Portland Avenue roundabout not stop or be tabled. Council Member Wroge asked about the 66th Street and Portland Avenue roundabout timeline. Public Works Director Eastling explained the process, including going to bid this fall with construction next year. This schedule has been in place for 1-1/2 years. Council Member Wroge said he has previously asked how long the land would be vacant and that MnDOT said to wait on doing the intersection until Crosstown was finished. Public Works Director Eastling stated there was a one-year delay because of MnDOT's indecision on the Crosstown project. The federal funding for the 66th Street and Portland Avenue intersection required certain plans to be in place and has a sunset of this fall. Staff can investigate delaying the project with a different construction schedule. Council Member Wroge stated he supported the 66th Street and Richfield Parkway roundabout. He continued that every roundabout in the metro area they've been sent to look at does not have as high traffic levels as 66th Street and Portland Avenue. Now that Mr. Tire and BP Amoco have been bought out, anything can be done with the intersection. Council Member Wroge said it was not factually true that more land needs to be bought because he paced the Nicollet, Lyndale and Penn Avenue intersections and that type will work at 66th Street and Portland Avenue. Council Member Wroge said the issue of pedestrian safety has not been addressed. He added that atthe June 12, 2007 City Council Meeting, he asked if riding bicycles on the sidewalk is legal and staff has informed the City Council that it is legal in Richfield. Richfield should not be the first city to put a roundabout in a heavy-duty traffic intersection. He had hoped to see traffic results of the 66th Street and Richfield Parkway roundabout before starting on the 66th Street and Portland Avenue roundabout. Council Meeting Minutes -4- July 10, 2007 Mayor Goettel stated she has previously publicly expressed her concerns regarding pedestrian safety, not the ability to drive, the 66th Street and Portland Avenue roundabout. She said the roundabout seems counterintuitive to the City's Comprehensive Plan, which includes the concepts of bikeways and walkways. Council Member Sandahl stated she serves as the Transportation Commission liaison and the Commission studied the roundabouts in-depth. The roundabout requires less land taking. Numerous open houses were held and it was pretty much evenly split for and against. The traffic volume shown on the videos is equivalent to 66th Street and Portland Avenue. Council Member Sandahl suggested a worksession be scheduled to discuss the . roundabout. Council Member Wroge stated that some document he has seen states only 19% of the residents were in favor of the roundabout so, the majority said no, but it is being built anyway. Council Member Sandahl said she believes the polls were taken at the open houses and are not a scientific poll of the whole City. The City Council consensus was to revisit the 66th Street and Portland Avenue roundabout . project before moving forward, but not stop the needed acquisition of property. Council Member Sandahl announced a walking/biking event on the Old Cedar Avenue Bridge in Bloomington to seek funding to complete the project. litem #4 I COUNCIL APPROVAL OF AGENDA M/Wroge, S/Rosenberg to approve the aQenda. Motion carried 4-0. litem #5 I CONSENT CALENDAR A. Approved amended resolution in support of 2007 Special Legislative Session to consider Omnibus Tax Bill S.R. No. 183 RESOLUTION NO. 9956 RESOLUTION IN SUPPORT OF 2007 SPECIAL LEGISLATIVE SESSION TO CONSIDER THE OMNIBUS TAX BILL This resolution appears as Resolution No. 9956. B. Approved resolution affirming activity-friendly commitments in City of Richfield by community leaders and elected officials with intention of City of Richfield to become a "Governor's Fit City" S.R. No. 184 RESOLUTION NO. 9957 RESOLUTION AUTHORIZING THE APPPROVAL AND ADOPTION OF A RESOLUTION Council Meeting Minutes -5- July 10, 2007 THAT AFFIRMS ACTIVITY-FRIENDLY COMMITMENTS AND BE DESIGNATED AS A GOVERNOR'S FITCITY IN THE STATE OF MINNESOTA This resolution appears as Resolution No. 9957. C. Approved cooperative agreement for funding and demolition of 1710 78th Street East and 7214 Cedar Avenue with Richfield HRA S.R. No. 185 D. Approved award of contract to Advantage Coating to provide mechanical polished concrete and fluid applied flooring for new Richfield Maintenance Facility in amount of $30,106 S.R. No. 186 M/Wroge, S/Rosenberg to approve the Consent Calendar. Motion carried 4-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 CONDUCT AND CONTINUE PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF EXCESS RIGHT-OF-WAY REAL PROPERTY AT 6544 PORTLAND AVENUE FOR RIGHT-OF-WAY . PURPOSES TO JULY 24, 2007 S.R. NO. 187 Council Member Rosenberg presented Staff Report No. 187. M/Rosenberg, S/Wroge to conduct and continue the second readinQ and public hearinQ of the Transitory Ordinance authorizinQ the sale of excess riQht-of-way real property at 6544 Portland Avenue for riQht-of-way purposes to July 24. 2007. No one was present to speak at the public hearing. City Attorney Thomson explained the current Comprehensive Plan guiding principle for this remnant parcel is commercial and it needs to be changed to multi-family to permit conveyance to the neighboring apartment property. Motion carried 4-0. Item #8 CONDUCT AND CONTINUE PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF EXCESS RIGHT-OF-WAY REAL PROPERTY AT 6545 PORTLAND AVENUE FOR RIGHT-OF-WAY PURPOSES TO JULY 24, 2007 S.R. NO. 188 Council Meeting Minutes -6- July 10, 2007 M/Rosenberg, SlWroge to conduct and continue the second readino and public hearino of the Transitory Ordinance authorizino the sale of excess rioht-of-way real property at 6545 Portland Avenue for rioht-of-way purposes to July 24.2007. City Attorney Thomson explained this remnant parcel is zoned commercial and is guided for future public use which is inconsistent with the proposed use. Larry Wozniczka, 6744 Wentworth Avenue, questioned the disposing of these properties as premature since the roundabout intersection project is on hold. Public Works Director Eastling explained the roundabout configuration is wider and bigger at the intersection and these parcels are a ways back. . He added this matter will be revisited to verify the excess property. Costs were held down because of replacement land. City Attorney Thomson stated because the City Council is continuing the public hearings, no decisions are being made tonight. Prior to the July 24 City Council meeting, staff will provide new potential right-of-way needs if the direction of the intersection changes. Mr. Wozniczka requested the review also include right-of-way and easements for utilities and traffic controls. - Motion carried 4-0. Item #9 DISCIPLINARY HEARINGS REGARDING RESOLUTIONS IMPOSING CIVIL ENFORCEMENT ON ESTABLISHMENTS IN RICHFIELD THAT UNDERWENT ALCOHOL COMPLIANCE CHECK CONDUCTED BY RICHFIELD PUBLIC SAFETY AND FAILED BY SELLING ALCOHOL TO UNDERAGE YOUTH S.R. NO. 189 Mayor Goettel presented Staff Report No. 189. Noodles and Company -7630 Lyndale Avenue South - Brent Henderson, Noodles and Company General Manager, admitted the violation occurred and stipulated to the suspension and penalty. M/Goettel, SlWroge that the followino resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9958 RESOLUTION SUSPENDING THE ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR NOODLES AND COMPANY, 7630 L YNDALE AVENUE SOUTH, AN.D IMPOSING A CIVIL PENAL TY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Motion carried 4-0. This resolution appears as Resolution No. 9958. Fred Babcock V.F.W. Post No. 5555, Inc., D/B/A Four Nickels Food and Drink - 6715 Lake Shore Drive - Gin Ng, Fred Babcock V.F.W. Post No. 5555's General Manager, admitted the violation occurred and stipulated to the suspension and penalty. M/Goettel, SlWroge that the followino resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9959 Council Meeting Minutes -7- July 10, 2007 RESOLUTION SUSPENDING THE CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FORFRED BABCOCK V.F.W. POST NO. 5555, INC., D/B/A FOUR NICKELS FOOD AND DRINK, 6715 LAKE SHORE DRIVE, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE Motion carried 4-0. This resolution appears as Resolution No. 9959.. Item #10 SUMMARY REPORT OF CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION AND CONSIDERATION OF RESOLUTION ADJUSTING CITY MANAGER COMPENSATION FOR 2007 S.R. NO. 190 Mayor Goettel presented Staff Report No. 190. Mayor Goettel stated the City Manager's performance evaluation was positive and the 2006 goals were attained very well. A 5.5% compensation adjustment effective February 24, 2007 was recommended. M/Goettel, S/Sandahl that the followina resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 9960 RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND STEVEN L. DEVICH, CITY MANAGER Motion carried 4-0. This resolution appears as Resolution No. 9960. Item #11 CITY MANAGER'S REPORT City Manager Devich thanked the City Co~ncil for the positive evaluation and increase in compensation. . City Manager Devich had no additional report. litem #12 I CLAIMS AND PAYROll M/ Wroge, S/Sandahl that the followina claims and pavrolls be approved: U. S. BANK AlP Checks: 160371 - 160662 PAYROLL 40716 - 41114; 41278 - 41285 TOTAL $ 1,377,612.97 $ 524,920.23 $ 1,902,533.20 Motion carried 4-0. Council Meeting Minutes -8- July 10, 2007 I ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:00 p.m. {!k ~ Cheryl ~hO . Recording Secretary Date Approved: Julv 24. 2007