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05-24-99 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 24, 1999 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:04 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. ROLL CALL Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Russ Susag; and Kristal Stokes. Staff Present :Steven Devich, Acting City Manager; Nancy Stroth, Acting City Clerk; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; William Fillmore, Liquor Operations Director; Julie Urban, Zoning Administrator; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Stokes, S/Rosenberg to approve the following minutes: x Regular City Council Meeting of May 10, 1999 x Special City Council Study Session Meeting of May 10, 1999 Motion carried 5-0. Council Meeting Minutes-2-May 24, 1998 Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. th Jeff Bratland, 6521 14 Avenue, asked for an airport update regarding MAC and future noise changes. Mayor Kirsch stated information regarding this issue will be given later in Item #8 and in the Airport Status Report. Liban Mohamad, 7700 Penn Avenue #132, requested information regarding approval of a 1999 taxi license for Yellow & White Taxi Company. Mayor Kirsch stated this was listed on the consent calendar as Item 3 E. Item #2 COUNCIL APPROVAL OF AGENDA M/Susag, S/Rosenberg to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A.APPROVED LEASE AGREEMENT FOR ANTENNA SPACE WITH SPRINT SPECTRUM LP FOR LOGAN AVENUE WATER TOWER C.L. 109 B.APPROVED RESOLUTION CERTIFYING DEFERRAL OF SPECIAL ASSESSMENTS FOR CERTAIN ELIGIBLE HOMEOWNERS. C.L. 110 RESOLUTION NO. 8721 RESOLUTION APPROVING ELIGIBLE DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES OF PERSONS PERMANENTLY AND TOTALLY DISABLED This resolution appears as Resolution No. 8721 in Resolution Book No. 69. C.APPROVED RESOLUTION AUTHORIZING REIMBURSEMENT AGREEMENT FOR TRAFFIC CONTROL SIGNAL SYSTEM COSTS FOR RECONSTRUCTION OF TWO TRAFFIC CONTROL SIGNALS AT INTERSECTIONS OF I-35W EAST AND WEST RAMPS WITH 66TH STREET C.L. 111 Council Meeting Minutes-3-May 24, 1998 RESOLUTION NO. 8722 RESOLUTION AUTHORIZING MAYOR AND ACTING CITY MANAGER TO EXECUTE HENNEPIN COUNTY AGREEMENT NO. PW 40-19-99 COUNTY PROJECT NO. 9739 COUNTY STATE AID HIGHWAY NO. 53 This resolution appears as Resolution No. 8722 in Resolution Book No. 69. D.APPROVED REQUEST BY RICHFIELD PUBLIC SAFETY AND RICHFIELD RECREATION SERVICES DEPARTMENTS FOR ITINERANT FOOD LICENSE WITH FEE WAIVER FOR 1999 SUMMER SEND OFF AT VETERANS MEMORIAL PARK ON MAY 26, 1999 C.L. 112 E.APPROVED NEW 1999 TAXI LICENSE FOR YELLOW & WHITE TAXI COMPANY, 7700 PENN AVENUE C.L. 113 M/Sandahl, S/Stokes to approve the consent calendar. Motion carried 5-0. Item #4PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ADOPTING REVISIONS TO RICHFIELD COMPREHENSIVE PLAN, 1997-2007. C.L. NO. 114 Acting City Manager Devich reviewed Council Letter No. 114 regarding a proposed resolution adopting revisions to the City's Comprehensive Plan. He stated the Planning Commission recommended the following changes based on its review: x Revise the definitions for the different types of commercial designations to better distinguish among the three types (regional, community and neighborhood). x Update references to the Master Park Plan to reflect the new plan adopted by the City Council in January 1999. x ReferenceThe Lakes at Lyndale: the Richfield Lake Area Plan as a concept for the area. x Reference the Lyndale Gateway: A Redevelopment Plan and Study as a concept for the area along Lyndale between 74th and 77th Streets. Make a distinction between redevelopment plans for the Lyndale area south of 76th Street and improvement plans for the area north of 76th Street, between 74th and 76th Streets. x Change the Comprehensive Plan designations for the properties in the Lyndale Gateway area from Plan Study to Community Commercial and Community Commercial/Office. Council Meeting Minutes-4-May 24, 1998 x Change the language “trailer park” to “manufactured home park.” x Change the designation for the Richfield Floral & Gardens block from high-density single family residential (R-SFH) to neighborhood commercial (C-N). x Update the land use calculation table to reflect the new designations. x Delete references to specific businesses and apartment complex names throughout the Comprehensive Plan. x Update language in the Implementation section relating to rezoning and the CIP/CIB. x Add the current Airport Noise Policy Area map to the Comprehensive Plan, as required by Metropolitan Council guidelines. Steve Lindgren, President, Richfield Chamber of Commerce, requested consideration of the following inconsistencies and amendments to the Richfield Comprehensive Plan: x Page THREE-7 change title "Overview - 1989 Parks Plan" to reflect year 1999 x Pages THREE-7 C-1, THREE-8 (first sentence), THREE-25 (first sentence right column) show inconsistency and should not remain in the Comprehensive Plan. x Replacement plan did not include reference portion of Woodlawn Terrace. Thomas Price, 7421 Lyndale Avenue, requested page THREE-25, right column, first sentence of the Comprehensive Plan be eliminated for the following reasons: x Richfield has more park space per square mile than any other city in Minnesota. x Hoisington Koegler, the "Lyndale Gateway" Planner, recommended land remain that type of use. x Ballfield Task Force position was to not acquire land to expand Lincoln Field. x Chamber of Commerce Board of Directors is not in favor of taking private land for additional park space. Council Member Stokes asked if this was brought up to the Planning Commission. Mr. Price stated he worked through the Chamber of Commerce. Mr. Lindgren stated he spoke to the Planning Commission March 4, 1999 and there was confusion regarding when the designation had changed. Larry Wozniczka, 6744 Wentworth Avenue, requested consideration of adding a requirement to the Comprehensive Plan that large PUD developments not add traffic to residential streets. Council Member Stokes stated the Comprehensive Plan is broken down into several areas and it would be difficult to make one statement regarding this issue. She recommended this concern be studied and addressed in a Study Session with the Planning Commission. Council Meeting Minutes-5-May 24, 1998 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. Discussion took place regarding the requested amendments to the Comprehensive Plan. M/Susag, S/Stokes to make the following amendments to the Richfield Comprehensive Plan 1997-2007: x 1999 Page THREE-7 change title "Overview - 1989 Parks Plan" to reflect year ; x If the manufactured Page THREE-25 first sentence, second column to read " home park becomes available for redevelopment "; and that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8723 RESOLUTION OF THE RICHFIELD CITY COUNCIL ADOPTING REVISIONS TO THE RICHFIELD COMPREHENSIVE PLAN, 1997-2007 Motion carried 5-0. This resolution appears as Resolution No. 8723 in Resolution Book No. 69. Council Member Rosenberg stated Mr. Wozniczka's traffic concerns should be addressed at a Study Session Meeting with representatives from Community Services Commission and the Planning Commission. Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT RENEWAL TO ALLOW CONTINUED USE OF PROPERTY AT 1201 EAST 66TH STREET FOR AUTOMOTIVE REPAIR. C. L. NO. 115 Acting City Manager Devich reviewed Council Letter No. 115 regarding a resolution approving a temporary conditional use permit (CUP) renewal to allow continued use of the th property at 1201 East 66 Street for automotive repair. He stated the Planning Commission recommended a permanent CUP not be issued until the required work has been completed. Community Development Director Palmborg clarified the expiration date of July 24, 2001 to complete improvements, as stated in the Council Letter, should be corrected to the year 2002. Council Meeting Minutes-6-May 24, 1998 thth Thomas Christensen, 6833 12 Avenue, owner of Exhaust Pros 1201 East 66 Street, requested clarification on "storage of inoperable vehicles". He indicated he has no inoperable vehicles and that customers will leave vehicles overnight for service and pick up. Mr. Christensen stated they have worked hard to be a positive part of the neighborhood. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. Council Member Susag asked the difference between conditions of the temporary CUP and existing CUP for this property. Community Development Director Palmborg stated the only difference is the dates. Zoning Administrator Urban stated storage of inoperable vehicles is a City code requirement and that there were problems with the previous owners of the property. She indicated there could be more flexibility in this case by either clarifying or removing the condition. Discussion took place regarding consistency in curb cuts. Council Member Susag recommended the conditions reflect an exception that storage be allowed for vehicles left for service or to be picked up. th Mayor Kirsch indicated many service stations on 66 Street have vehicles left for service. M/Susag, S/Stokes that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8724 RESOLUTION APPROVING A TEMPORARY CONDITIONAL USE PERMIT FOR 1201 EAST 66TH STREET And that the following amendments to the conditions be added to the resolution: x That the conditional use permit expire July 24, 2002. x That vehicles that are inoperable shall not be stored on the premises with the exception of vehicles left for service or to be picked up within 48 hours. Motion carried 5-0. This resolution appears as Resolution No. 8724 in Resolution Book No. 69. Council Meeting Minutes-7-May 24, 1998 Item #6CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF 6537-14TH AVENUE TO PERMIT HRA TO PROCEED WITH HENNEPIN TECHNICAL COLLEGE NEW CONSTRUCTION PROJECT AND FIRST READING OF ORDINANCE AUTHORIZING SALE OF PROPERTY TO HRA. C.L. NO. 116 Acting City Manager Devich reviewed Council Letter No. 116 regarding a resolution th authorizing acquisition of 6537-14 Avenue to permit the HRA to proceed with a Hennepin Technical College (HTC) new construction project and first reading of an ordinance authorizing sale of the property to the HRA. Council Member Rosenberg asked if this property was included in the Part 150 insulation program. Community Development Director Palmborg indicated it was included and that the specifications have been reviewed with the HTC. th Jeff Bratland, 6521 14 Avenue, questioned the lot configuration size. Community Development Director Palmborg stated the lot was buildable and that the plans will be presented at the June 21 HRA Meeting. M/Kirsch, S/Susag that this constitute the First Reading of this transitory ordinance; and that the Public Hearing and Second Reading of the ordinance be scheduled for the June 28, 1999 City Council meeting; and that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8725 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6537-14TH AVENUE Motion carried 5-0. This resolution appears as Resolution No. 8725 in Resolution Book No. 69. Item #7CONSIDERATION OF RESOLUTIONS TO SUSPEND LIQUOR LICENSES AND IMPOSE CIVIL PENALTY FOR LIQUOR LICENSE VIOLATIONS AGAINST CHI CHI'S, 7717 NICOLLET AVENUE, AND GROUND ROUND, 1500 EAST 78TH STREET, FOR SELLING ALCOHOL TO MINORS. C. L. NO. 117 Council Meeting Minutes-8-May 24, 1998 Acting City Manager Devich reviewed Council Letter No. 117 regarding suspending liquor licenses and imposing a civil penalty for liquor license violations against Chi Chi's, th 7717 Nicollet Avenue, and Ground Round, 1500 East 78 Street, for selling alcohol to minors. He recommended the City Council take the following action: x Rescind Resolution No. 8711 for Ground Round, 1500 East 78th Street, authorizing an independent examiner, contested case hearing. x Approve a resolution suspending Ground Round's on-sale intoxicating liquor and Sunday license for two consecutive days, imposing a civil penalty of $1,000 for the two counts of selling alcohol to a minor, and directing the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance. x Rescind Resolution No. 8712 for Chi Chi’s, 7717 Nicollet Avenue, authorizing an independent examiner, contested case hearing. x Approve a resolution suspending Chi Chi's on-sale intoxicating liquor and Sunday license for two consecutive days, imposing a civil penalty of $500 for the one count of selling alcohol to a minor, and directing the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance. Gary Gandrud, Attorney representing Ground Round, stated they have been in contact with the City Attorney and have agreed to the resolution. Tony Lamarca, Manager of Ground Round, stated their corporation provides extensive training for selling to minors. He stated the Ground Round admits to this very serious offense and is willing to participate with the Public Safety Department compliance program. M/Stokes, S/Rosenberg to rescind Resolution No. 8711 for Ground Round, 1500 th East 78 Street; and that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8726 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR AND SUNDAY LICENSE FOR GROUND ROUND, 1500 EAST 78th STREET; AND IMPOSING A CIVIL PENALTY. Motion carried 5-0. This resolution appears as Resolution No. 8726 in Resolution Book No. 69. Michelle Michael, Regional Manager for Chi Chi's, stated they plead guilty to selling alcohol to minors and have chosen July 4 and July 5 as suspension days. City Attorney Thomson stated the suspension days must be arranged with Public Safety. M/Susag, S/Sandahl to rescind Resolution No. 8712 for Chi Chi's, 7717 Nicollet Avenue; and that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes-9-May 24, 1998 RESOLUTION NO. 8727 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR AND SUNDAY LICENSE FOR CHI CHI’S, 7717 NICOLLET AVENUE; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8727 in Resolution Book No. 69. Item #8CONSIDERATION OF RESOLUTION SEEKING SUPPORT AND COOPERATION IN IMPLEMENTATION OF SECTION 35 OF OMNIBUS TAX ACT AUTHORIZING ESTABLISHMENT OF AIRPORT IMPACT ZONES RELATED TO NORTH/SOUTH RUNWAY AT MINNEAPOLIS-ST. PAUL INTERNATIONAL AIRPORT. C.L. NO. 118 Acting City Manager Devich reviewed Council Letter No. 118 regarding consideration of a resolution seeking support and cooperation in implementation of Section 35 of the 1999 State Legislature Omnibus Tax Act. He stated the City will receive funding at the Legislature to pay for mitigative costs for the impacts of the North-South Runway. Michael Sandahl, Richfield representative to the Low Frequency Noise Policy Committee, supports the passage of this bill, but stated concern regarding special tax increment financing assistance not being included. He presented a committee report and preliminary study results as follows: x Noise metric defined to modified C weighted scale. x No impact between low frequency noise reduction with insulated homes verses no insulation. x Significant impact of rattling annoyance to low frequency noise. Mr. Sandahl stated the next Low Frequency Noise Policy Committee meeting will be held at the airport June 23 at 3 p.m. Discussion was held regarding the MAC seeking FAA approval so that the required $30,000,000 of bond proceeds are transferred to the City of Richfield by January 20, 2000 as required by Section 35 of the omnibus tax bill. Mr. Sandahl stated the airport is not allowed to own property outside its boundaries. th Jeff Bratland, 6521 14 Avenue, stated concern regarding the proposed buy out, property values, and the City's responsibility to better inform residents. Council Member Rosenberg explained that every effort has been taken to inform residents with mailings, articles, brochures, and through the Care Team. Council Meeting Minutes-10-May 24, 1998 Council Member Stokes indicated this is only a plan and that the money must be committed by the MAC and approved by the FAA to be available. Acting City Manager Devich stated he would be meeting with Congressmen Oberstar and Sabo on May 26 to discuss the Minnesota State Legislative airport impact decision asking for help to receive the money for redevelopment. Mr. Bratland questioned if the funds will be used for sound testing. Council Member Rosenberg stated this funding will be used only for redevelopment. Acting City Manager Devich stated the sound testing funding is split between the City of Richfield and the MAC. M/Sandahl, S/Stokes that the following resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8728 RESOLUTION SEEKING SUPPORT AND COOPERATION IN IMPLEMENTATION OF SECTION 35 OF OMNIBUS TAX ACT Motion carried 5-0. This resolution appears as Resolution No. 8728 in Resolution Book No. 69. Item #9CONSIDERATION OF AWARD OF CONTRACT TO BRW, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR 77TH STREET PHASE III UNDERPASS PROJECT AND LYNDALE AVENUE BRIDGE OVER I-494 PROJECT IN ESTIMATED AMOUNT OF $2,559,798. C.L. NO. 119 Acting City Manager Devich reviewed Council Letter No. 119 regarding the award of contract for professional engineering services for design and construction engineering for th Phase III 77 Street Underpass and Lyndale Avenue Bridge over 1-494. He stated both projects require extensive engineering work to design, prepare plans, administer contracts, and the use of Federal and State highway funds demand substantial documentation. Mr. Devich stated pursuant to federal regulations, City staff solicited proposals for this work. Public Works Director Eastling stated this was not a typical contract for products or services but rather a contract based on qualifications and availability. He stated of the two firms submitting proposals, BRW, Inc. was more experienced and had a more realistic workload estimate. Council Member Susag stated concern if BRW would have enough staff available because their involvement in many Richfield projects. He recommended the estimated amount of $2,559,798 to provide the City with professional engineering services for this project reflect the City's preliminary budget amount of $2.12 million. Council Meeting Minutes-11-May 24, 1998 City Attorney Thomson stated the only significance of the dollar amount would be in the signed contract. She stated the estimated amount is for Council information and that the motion does not have to include the estimated amount. Public Works Director Eastling stated MnDOT has indicated its interest in performing the bridgework and that the final contract would require the authorization of the Federal Government, MnDOT, and the City of Richfield. M/Susag, S/Rosenbergto authorize the Mayor and Acting City Manager to enter into an agreement with BRW, Inc. in the estimated amount of $2.12 million to provide the City with professional engineering services for the 77th Street Phase III Underpass Project and the Lyndale Avenue Bridge Project. Motion carried 5-0. Item #10CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF HEALTH, HUMAN RIGHTS COMMISSION AND FRIENDSHIP CITY COMMISSION.C.L. NO. 120 Mayor Kirsch stated that the City Council had interviewed applicants for appointment to City Advisory Boards and Commissions on April 26, 1999 and May 24, 1999. M/Susag, S/Rosenberg to approve the following appointments: CommissionTerm Advisory Board of Health Hazel WnekJune 1, 1999 - January 31, 2000 Planning Commission Mark TolsteadJune 1, 1999 - January 31, 2001 Human Rights Commission Ann Francis (youth)June 1, 1999 - May 31, 2000 Jennifer Wozniczka (youth)June 1, 1999 - May 31, 2000 Friendship City Commission Micah Svejda (youth)June 1, 1999 - May 31, 2000 Motion carried 5-0. Council Meeting Minutes-12-May 24, 1998 Item #11CONSIDERATION OF LEASE AGREEMENT WITH ACADEMY OF HOLY ANGELS FOR LEASE OF BALLFIELD SPACE THROUGH THE BALLFIELD REPLACEMENT PROGRAM. C.L. NO. 121 Acting City Manager Devich reviewed Council Letter No. 121 regarding consideration of a lease agreement with the Academy of the Holy Angels (AHA) regarding the lease of ballfield space through the Ballfield Replacement Program. He reviewed the following significant points of the lease: x The term of the lease is 20 years. x AHA can rescind the lease after 5 years, but would have to repay the City the value of the undepreciated portion of the ballfield improvements based upon a 20-year straight-line depreciation schedule. x The City would have to apply any such repayment to the replacement of those ballfields. x The City and the AHA have agreed to a preferential scheduling arrangement based on the needs of both. x The AHA would be responsible for 60 percent of the maintenance costs of the fields, while the City’s share would be 40 percent. Council Member Susag asked if the State agrees to the terms of the lease. Acting City Manager Devich stated the State has agreed to the terms of the lease. Mayor Kirsch thanked staff for all the extensive work to accomplish the lease of ballfield space through the Ballfield Replacement Program with the Academy of the Holy Angels. M/Susag, S/Rosenberg to approve the lease agreement with the Academy of the Holy Angels for the lease of ballfield space through the Ballfield Replacement Program. Motion carried 5-0. Item #12CONSIDERATION OF CITY MANAGER POSITION PROFILE. C.L. NO. 122 Acting City Manager Devich reviewed Council Letter No. 122 regarding consideration of the final City Manager recruitment profile. He stated the ICMA will not accept advertisement without a salary figure. Council Member Stokes recommended the salary be dependent on experience and was comfortable with the current City Manager salary amount. Council Meeting Minutes-13-May 24, 1998 Council Member Susag stated he was comfortable with current salary of $96,637 but that the salary should be negotiable with experience. Council Member Rosenberg questioned if this was a typical profile. Paul Reaume, PAR Group, stated the specifics of this recruitment profile was the result of public and staff input and that they are willing to work with the Council to develop and modifications. He stated screening will occur in mid July. M/Susag, S/Rosenberg to approve the final City Manager recruitment profile with the following modification to salary requirements: 1.That the salary advertised be modified to reflect the current City Manager salary of $96,637 but may be negotiable with experience. Motion carried 5-0. Mayor Kirsch thanked all those who were interviewed to assist in the City Manager recruitment profile. Item #13AIRPORT STATUS REPORT Acting City Manager Devich stated he will be meeting with Congressmen Oberstar and Sabo in Washington on May 26 to discuss the Minnesota State Legislative airport impact decision asking for help to receive funding for redevelopment in the airport impact zone. Item #14LEGISLATIVE REPORT Acting City Manager Devich stated the pension related legislation has been passed but is waiting to be signed by the Governor. He stated this bill will give back to Richfield excess assets, but before the City can receive funds a plan must be implemented and adopted by Council. Council Member Susag asked if the legislature removed the charge of sales tax to cities. Acting City Manager Devich responded it was not removed and that cities are still responsible for paying sales tax. Council Meeting Minutes-14-May 24, 1998 Item #15COUNCIL DISCUSSION ITEMS None. Item #16CLAIMS AND PAYROLL M/Sandahl, S/Rosenberg that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 78853 - 78871$36,172.57 H/C: 87010 - 87398$999,953.17 Payroll: 12438 - 12455; 12943 - 13166$449,076.93 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:20 p.m. Date Approved: Martin J. KirschMayor Nancy J. StrothSteven L. Devich Acting City ClerkActing City Manager