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07-26-99 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting July 26, 1999 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE MayorKirsch led the audience in the Pledge of Allegiance. ROLL CALL Members Present:Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; and Russ Susag. Members Not Present:Kristal Stokes Acting City Manager Devich stated that Council Member Stokes had informed him that she would be unable to attend this meeting. M/Susag, S/Sandahl to determine the absence of Council Member Stokes as an excused absence. Motion carried 4-0. Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, 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; and Corrine Thomson, City Attorney. Council Meeting Minutes-2-July 26, 1999 APPROVAL OF MINUTES M/Rosenberg, S/Susag to approve the regular City Council Study Session Minutes of July 6, 1999 and the regular City Council Minutes of July 12, 1999. Motion carried 4-0. Item #1UPDATE OF LOBBYIST ACTIVITIES AND LEGISLATOR COMMENTS ON SESSION C.L. NO. 159 District 63 State Senator Jane Ranum reviewed and discussed the following legislative issues: x Protection for the Richfield School District from the loss of student funding as a result of the new North-South Runway x Truancy issues related to open enrollment x K-12 Omnibus Bill x Integrated crime information system model for Hennepin County x Child protection model x Legislators meeting with new MAC Chair Charles Nichols x Transit operations funding District 40 Senator Dave Johnson reviewed and discussed the following legislative issues: x Acknowledgement of the effectiveness of the City's lobbyists x Airport Mitigation Funding - $30 million authorized x Pension Consolidation Bill x Ballfield replacement funding x School District x Sales tax exemption for municipalities District 63B State Representative Gleason discussed and reviewed the following legislative issues: x Acknowledgement of the work of Richfield Lobbyist John Choi x Support and co-sponsor of bill to repeal sales tax on municipalities x Concern about property taxes x Sales tax rebate x Status of his lawsuit against the MAC regarding the E.I.S. for the new North-South Runway Council Meeting Minutes-3-July 26, 1999 John Choi, Kennedy & Graven; Rich Ginsberg, Lockridge Grindahl; and Randy Asunma, Cathederal Hill, who worked for the City on legislative issues, reviewed their 1999 session activities and results. Item #2RECOGNITION OF CITY OF RICHFIELD AND COMMUNITY CENTER MANAGER LIL HIPP FROM ADAPTIVE RECREATION-LEARNING EXCHANGE (AR*LE) FOR LEADERSHIP IN QUALITY PROGRAMS FOR RICHFIELD RESIDENTS WITH DISABILITIES Michelle Veith presented an award to Community Center Manager Lil Hipp from the Adaptive Recreation-Learning Exchange (AR*LE) Advisory Committee in recognition of her leadership in supporting quality programs for Richfield residents with disabilities. Item #3RECOGNITION OF COMMUNITY CENTER MANAGER LIL HIPP FROM TRANSPORTATION RESOURCES TO AID INDEPENDENT LIVING (TRAIL) FOR RICHFIELD'S ADAPTIVE RECREATION PROGRAM ROLE IN ITS CREATION Nancy Booker, President of Transportation Resources to Aid Independent Living (TRAIL), reviewed the history of the formation and role of TRAIL. She presented a certificate to Lil Hipp, Community Center Manager, in recognition of Richfield's Adaptive Recreation Program role in the creation of TRAIL. Item #4OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Larry Wozniczka, 6744 Wentworth Avenue, discussed his concerns and observations regarding the removal of mature trees on the Academy of Holy Angels (AHA) property. He expressed concerns that the tree removal may be contrary to the stipulations of the 1996 conditional use permit for the AHA dome, and that all these trees were being removed for a storm water pond. He discussed several suggestions including: x Although the trees are on private property, the City's financial grant for part of the construction cost of the pond could be leverage to help save at least the five trees marked, but not yet removed. x Development plans submitted should be required to identify trees to be removed and a tree plan. x City departments should be required to promote the preservation of trees and ordinances to support this. Council Meeting Minutes-4-July 26, 1999 Acting City Manager Devich noted that the trees are located on AHA private property and not under the control of the City. He stated AHA is removing trees in some areas to accommodate site improvements that they have planned including tennis courts. He indicated that some of the trees are being removed to accommodate the wet pond which Public Works Director Eastling reviewed and discussed various site changes and construction activities on the AHA campus. He discussed the status of the landscape and reforestation plan that was put in place at the time the dome was built and its relationship to current and future site plans. Council Member Susag suggested that future projects identify the loss of existing trees and a plan for replacement. Dennis W. Manson, 6901 Park Avenue, stated concerns about safety and the level of water in the pond near Wentworth Avenue on AHA property. He suggested a fence to keep children out. Council Member Susag noted that the other ponding areas in Richfield are not fenced and do not appear to create a high risk. Item #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Rosenberg to approve the agenda. Motion carried 4-0. Item #6 CONSENT CALENDAR A. APPROVED LEASE AGREEMENT WITH TOM PRICE FOR TEN FEET OF PROPERTY ON NORTH EDGE OF LINCOLN FIELDS C.L. 160 B. APPROVED ITINERANT FOOD LICENSE WITH FEE WAIVER FOR RICHFIELD OPTIMIST CLUB ANNUAL HOLE-IN-ONE CONTEST AT TH LYNDALE FIELD, 70 STREET AND LYNDALE AVENUE, ON JULY 29-31, 1999 C.L. 161 C. APPROVED ITINERANT PLACE OF AMUSEMENT, ITINERANT FOOD, AND PUBLIC DANCE LICENSES WITH FEE WAIVER FOR OAK GROVE LUTHERAN CHURCH BLOCK PARTY, 7045 LYNDALE AVENUE, ON JULY 31, 1999 C.L. 162 Council Meeting Minutes-5-July 26, 1999 Council Member Susag noted that the lease agreement with Tom Price for ten feet of property on the north edge of Lincoln Fields was continuation of an existing lease for land not currently needed and that the lease may be cancelled with a 90 day notice if the City determines a need to use the land. M/Sandahl, S/Rosenberg to approve the consent calendar. Motion carried 4-0. Item #7PUBLIC HEARING AND SECOND READING OF AMENDMENT TO CITY ADMINISTRATIVE CODE SUBSECTION 310.03 DESCRIBING PROJECT EMPLOYEE C.L. 163 Acting City Manager Devich reviewed C.L. No. 163 regarding a proposed ordinance amendment to the City Administrative Code that will allow the use of general revenue funds to pay some Project Employees. M/Susag, S/Rosenberg to close public hearing. Motion carried 4-0. M/Susag, S/Rosenberg that this constitutes Second Reading of Bill No. 1999-10 amending subsection 310.02 subdivision 27 regarding the definition of Project Employee, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #8CONSIDERATION OF ADMINISTRATIVE LAW JUDGE'S FINDINGS OF FACTS, CONCLUSION AND RECOMMENDATIONS IN MATTER OF SERVICE OF ALCOHOL TO UNDERAGE PERSON AT VINA RESTAURANT, 6401 NICOLLET AVENUE, AND RESOLUTION SUSPENDING ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE AND IMPOSING CIVIL PENALTY C.L. 164 Acting City Manager Devich reviewed C.L. No. 164 recommending the following City Council actions: 1.Accept the Administrative Law Judge's findings of Fact, Conclusion and Recommendations in the matter of the service of alcohol to an underage person at Vina Restaurant, 6401 Nicollet Avenue. 2.Adopt a resolution suspending Vina's 3.2 intoxicating malt liquor license for two consecutive days, levying a fine against them in the amount of $500 and instructing Vina representatives to attend a mandatory meeting with the Public Safety Director to present their individual establishment plan to ensure Council Meeting Minutes-6-July 26, 1999 eliminating any future actions of this kind and to attend an alcohol sales and awareness program given by the Richfield Crime Prevention staff. M/Susag, S/Rosenberg to accept the Administrative Law Judge's findings of Fact, Conclusion and Recommendations in the matter of the service of alcohol to an underage person at Vina Restaurant, 6401 Nicollet Avenue and that the following resolution be adopted, that it be spread in the resolution book and it be made part of these minutes: RESOLUTION NO. 8746 RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR VINA, INC., D/B/A VINA RESTAURANT AND IMPOSING A CIVIL PENALTY Motion carried 4-0. This resolution appears as Resolution No. 8746 in Resolution Book No. 70. Item #9CONSIDERATION OF ACCEPTANCE OF BID MINUTES/TABULATION AND REJECTION OF THREE BIDS RECEIVED FOR ACADEMYOF HOLY ANGELS RECREATION SITE IMPROVEMENTS AND AUTHORIZATION TO READVERTISE FOR BIDS C.L. 165 Acting City Manager Devich reviewed C.L. No. 165 recommending that the City Council accept the bid minutes/tabulation, reject the three bids received for the Academy of Holy Angels recreation site improvements, and authorize the readvertisement for bids for the project. Larry Wozniczka, 6744 Wentworth Avenue, discussed concerns about fencing around the perimeter of the site and allowing pedestrian access across the railroad tracks to the Urban Village area and McDonalds. Recreation Services Director Topitzhofer reviewed the site plan and proposed location of fencing which had been determined as a result of input from the neighborhood meetings. He stated that it was not recommended to encourage a crossing of the railroad tracks by leaving an opening due to liability issues. He indicated that if in the future the railroad tracks are developed into a regional trail, access could be provided at that time. He also stated that a copy of the revised plans for rebidding would be sent out to the neighborhood. M/Susag, S/Rosenberg to approve the following actions: 1.Accept the bid minutes/tabulation and reject the three bids received for the Academy of Holy Angels recreational site improvements. 2.Authorize readvertisement for bids for the project. Motion carried 4-0. Council Meeting Minutes-7-July 26, 1999 Item #10CONSIDERATION OF RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 C.L. 165A Acting City Manager Devich reviewed C.L. No. 165A regarding a proposed resolution affirming the Municipal Tort Liability Limits established by Minnesota Statutes 466.04. M/Sandahl, S/Susag 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. 8747 RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 Motion carried 4-0. This resolution appears as Resolution No. 8747 in Resolution Book No. 70. Item #11AIRPORT STATUS REPORT Mike Sandahl, Richfield's representative on the Low Frequency Noise Policy Committee (LFNPC), gave the following status report: The Low Frequency Noise Policy Committee met on July 22. The major focus of the meeting was the expert panel's trip to Washington D.C. They reported that their meeting with FAA officials went very well. The purpose of the trip was to brief FAA officials on progress the expert panel is making and to see if the FAA had any comments on the methodology that is being used. The expert panel reported, and Glenn Orcutt of the regional FAA office agreed, that the FAA is supportive of how the project on low frequency noise impact is being conducted. The FAA did have one request, which was that the expert panel take actual noise impact measurements in South Minneapolis instead of using the FAA's INM model to estimate them. The LFNPC is discussing how to fund this $120,000 cost. The collection of this additional empirical data will probably delay the final report approximately 60 days. The August 11 LFNPC meeting has been cancelled. The next meeting is tentatively scheduled for September 29. Acting City Manager Devich stated the City is still waiting for the FAA decision regarding revenue diversion regarding the $30 million mitigation funding authorized by the State Legislature. Mayor Kirsch reported on the meeting with new MAC Chair Charles Nichols. He indicated it was positive and encouraging with agreement to meet more frequently and share communications. Council Meeting Minutes-8-July 26, 1999 Acting City Manager Devich stated that the meeting was an opportunity for both sides to discuss progress on the Richfield-MAC Mitigation Agreement and receive feedback. He stated that it was agreed that regular meetings should occur to encourage regular dialogue and that because there were different perceptions on the status of progress on the Mitigation Agreement, it would be helpful to do a joint communication piece to residents. th Bill Duffee, 6515 18 Avenue, Co-Chair of the Standing Together As Richfield Residents (STARR) Group, indicated that the new MAC Chair Charles Nichols had so far exhibited more responsiveness to residents than the previous Chair. Mayor Kirsch stated that he would be going to Washington D.C. on July 27 with Jim Prosser of Ehlers to meet with Senators Wellstone and Grams, Congressman Sabo and the FAA regarding airport issues. Item #12LEGISLATIVE REPORT None. Item #13COUNCIL DISCUSSION ITEMS Public Works Director Eastling presented and discussed a draft letter to businesses th near the 66 Street/Trunk Highway 77 Interchange to provide an update on plans for th improving the 66 Street/Trunk Highway 77 Interchange. Council Member Rosenberg stated her travel plans had changed and therefore, she would be able to attend the August 25 City Council Budget Meeting. Council Member Sandahl reported on the NOISE Conference. She stated that a packet of materials from the conference would be available at City Hall. Council Member Susag discussed the recent reorganization of the Metropolitan Council. He stated Phil Riveness had been appointed liaison to the MAC. He suggested that Metropolitan Council Member Riveness be invited to meet with the City Council at a future meeting. Council Member Susag requested that staff prepare recommendations for City Council consideration to respond to a questionnaire regarding Metropolitan Council agencies for discussion at the August 2 City Council Study Session Meeting. Council Meeting Minutes-9-July 26, 1999 Item #14CLAIMS AND PAYROLL M/Rosenberg, S/Susag that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INTChecks:78955 - 78987$169,442.88 H/C88498 - 88896$1,048,233.92 PAYROLL9386 - 9399; 14274 - 14577$508,374.30 TOTAL$1,726,051.10 Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:58 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberSteven L. Devich City ClerkActing City Manager