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11-27-95 Regular CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING November Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; MEMBERS PRESENT: Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative STAFF PRESENT: Services Director; Thomas Ferber, City Clerk; Byron Wallace, Community Development Director; Donald Fondrick, Community Services Director; William Fillmore, Liquor Operations Director; Jack Erskine, Public Safety Director; and Corrine Thomson, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES approve the minutes of the Special Citv Council and Housinq and Authoritv Meetina with Commission of November 9. 1995; the minutes of the regular City Council Meeting of November 13. 1995: and the minutes of the Council and Housina and Redevelopment Authority with Planning Commission of November 14. 1995. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ANY Item ITEMNOT LISTED ON THE AGENDA. No one wished to address the Council. ACCEPTANCE OF MINNESOTA RECREATION AND PARKS ASSOCIATION Item INNOVATIVE PROGRAM AWARD FOR ADAPTIVE RECREATION PROGRAM, LEISURE DISCOVERIES DAY. C.L. NO. 307 Council Meeting Minutes A video presentation summarizing the Leisure Discoveries Day program was viewed demonstrating the Adaptive Recreation/Learning Exchange (ARLE) cooperative effort existing betweenthe communities of Edina, Eden Prairie, Richfield, and Bloomington. Padgett, representing the Minnesota Recreation and Parks Association (MRPA), presented the MRPA Innovative Program award for the Leisure Discoveries Day Adaptive Recreation Program to Jennifer Watson, Richfield Adaptive Recreation Supervisor, and Lil Hipp, Richfield Community Center Manager. Item COUNCILAPPROVAL OF AGENDA to approve the aaenda. ItemCONSENTCALENDAR APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER FOR MARKET PLAZA, 6501 DRIVE C.L. 308 RESOLUTION AUTHORIZING SUBDIVISION WAIVER (Market Plaza) This resolution appears as Resolution No. 8296 in Resolution Book No. 65. APPROVED CONTRACT FOR PROFESSIONAL SERVICES FOR GEOGRAPHIC INFORMATION SUPPORT FROM SHORT ELLIOT HENDRICKSON, INC. IN AMOUNT OF $13,000 C.L. 309 APPROVED BID MINUTES/TABULATION AND AWARD OF TWO YEAR CONTRACT FOR 1996 AND 1997 FOR DISPOSAL OF LIME BY-PRODUCT FROM AVON AG-LIME IN AMOUNT OF $89,010 C.L. 310 APPROVED FIRST AND FINAL PAYMENT FOR STREET LIGHT CHANGE- OVER; NORTHERN STATES POWER; to approve the consent calendar. PUBLIC HEARING TO CONSIDER RESOLUTION SPECIALLY ASSESSING 77TH STREET PROJECT AREA FOR CURRENT MAINTENANCE SERVICES FOR PERIOD JANUARY 1 THROUGH DECEMBER CITY PROJECT NO. 91 C.L. NO. 311 City Manager Prosser reviewed Council Letter No. 311 regarding the proposal to specially assess commercial properties in the 77th Street Project Area for current maintenance service costs for the period of January through December 31, 1996. to close the public hearinq. S/Rosenberg, that the following resolution be adopted. that it be spread in h r tion RESOLUTION NO. 8297 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA CITY PROJECT NO. 911 JANUARY 1 THROUGH DECEMBER Motion carried 4-l. (Susag opposed). This resolution appears as Resolution N. O 8297 in Resolution Book No. 65. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING Item SECTION OF CODE OF ORDINANCES INCREASING NUMBER OF ON-SALE NON-INTOXICATING MALT LIQUOR LICENSES FROM 12 TO 15. C.L. NO. 312 City Manager Prosser reviewed Council Letter No. 312 regarding a proposed ordinance amendment which proposes to increase the number of on-sale non-intoxicating malt liquor licenses available in the City from 12 to 15. close the public hearinq. Bill that this constitute Second Reading of N. O in the official newspaper n in and that it be made of these minutes. Council Meeting Minutes Motion carried 5-O. CONSIDERATIONOF FIRST READING OF AMENDMENT TO MUNICIPAL CODE OF ORDINANCES FOR ADDITION OF SECTION 81 I-PRIVATE USE OF BOULEVARDS. C.L. NO. 313 City Manager Prosser reviewed Council Letter No. 313 regarding a proposed ordinance amendment which would require homeowners to obtain a permit for the placement of such features as rocks, fences, walls, and gardens on publicly owned boulevards. Council Member Sandahl stated that the proposed amendment was a good idea but he had concerns that citizens would not understand or be aware that they would need a permit. City Manager stated that a publicity and education program would take place to make citizens aware of the regulations. Council Member Sandahl suggested that a targeted mailing to specific areas such as those along major streets may be useful. Community Services Director indicated the problems were scattered such He stated staff would collaborate with as sight obstructions at some street corners. homeowners regarding this issue but the ordinance would provide some control. Council Member Susag asked about subdivision 8 regarding the removal of amenities that did not have a permit. City Attorney Thomson stated that the feature could be deemed a public nuisance and be removed through the abatement provisions of the Subsection 925.07 of the City Code. Council Member Susag stated concern that the provisions of Subsection 925.07 were not included with the City Council Letter nor better defined in the proposed ordinance. He stated that this type of citation would be confusing to homeowners. He suggested this issue be given more clarity. Council Member Rosenberg asked how many properties have a problem related to boulevard features. Community Services Director indicated that staff deals with about 12 per year. Larry Wozniczka, 6744 Wentworth Avenue, asked if the proposed ordinance would also apply to commercial properties. Council Meeting Minutes City Manager Prosser stated that the proposed ordinance does include commercial properties. Council Member Priebe stated that it is appropriate that the City regulate use of public boulevards and have the right to be able to take action if the use is a problem. stated he was comfortable with the ordinance as it is written. City Manager Prosser stated that a copy of Subsection 925.07 will be provided the Council and staff will review how to clarify the abatement procedure into the ordinance. that this constitute the First Readina of this ordinance amendment which would reauire homeowners to obtain a for the of such features as rocks, fences. walls. and gardens on publicly owned boule a ds. a d that the Public Hearina and Second Readina of the ordinance be scheduled 8, 1996 Citv Council meeting. CONSIDERATION OF REFERRAL OF COMPETITIVE BIDDING AMENDMENT TO CHARTER FOR CHARTER COMMISSION REVIEW AND RECOMMENDATION. C.L. NO. 314 City Manager Prosser reviewed Council Letter No. 314 regarding the referral of a the City Charter regarding competitive bidding requirements to proposed amendment to Commission for review and recommendation. Charter refer the proposed ordinance to amend Section 6.05 of the Richfield Charter competitive bidding requirements to the Charter Commission for their review and recommendation. the following resolution be adopted. that it be spread in these minutes: resolution book and that it be made part of RESOLUTION NO. 8298 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 6847 in Resolution Motion carried 5-Q. This resolution appears as Resolution No. 6847 Book No. 65. ItemAIRPORT STATUS REPORT City Manager Prosser stated that Governor has announced the appointment of two new Metropolitan Airports Commission (MAC) members. He stated that discussions have been initiated with legislators regarding interest in an Airport Community Protection Concepts legislative package. Council Member Priebe indicated that one legislator had not received the copy of the draft concepts regarding this issue. He requested staff assure that all local legislative members receive the information. City Manager Prosser indicated that the final draft was just being completed for distribution to the legislators. Item LEGISLATIVE REPORT City Manager Prosser stated that a draft of the City’s 1996 Legislative Initiatives and Policies had been distributed in preparation for the November 29 City Council meeting with the City’s legislative representatives. He indicated that the issue of the reduction of county funding for human services had inadvertently been omitted and a correction would be made to add it to the package. Item COUNCIL DISCUSSION ITEMS Council Member Sandahl commended staff for fast and efficient snow plowing Council Member Priebe reminded citizens of the Truth-in-Taxation Hearing scheduled for Wednesday, December 6 at 7:00 p.m. in the Council Chambers. Discussion followed regarding the increase in the City’s residential and commercial tax base and the potential impact on the school district’s tax base of the Southdale tax abatement court case. Mayor announced that there will be aSpecial City Council Executive Session on December 1995 at p.m. in the Lobby Conference Room of City Hall for the purpose of discussing the City Manager’s evaluation and matters of compensation. He stated the meeting will be closed to the public and that a summary of the meeting will be discussed in public at the December 11 regularly scheduled City Council meeting. Council Meeting Minutes Item CLAIMS AND PAYROLLS that the following claims and be RICHFIELD BANK & TRUST CO, Checks: 20374-20415; 55707-55906 BANK Check: 1242 BANK Checks: 8821-8835 Payroll: 91379-91692 $ ADJOURNMENT The meeting was adjourned by unanimous consent at p.m. Date Approved: Martin J. James D. Prosser Thomas P. Ferber City Manager City Clerk