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10-25-99 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 25, 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 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:Samantha Orduno, City Manager; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Stokes, S/Susag to approve the minutes of the Special City Council Meeting of October 7, 1999 and regular City Council Meeting of October 11, 1999. Motion carried 5-0. Council Meeting Minutes-2-October 25, 1999 Item #1OATH OF OFFICE TO CITY MANAGER SAMANTHA ORDUNO City Clerk Ferber administered the oath of office to City Manager Samantha Orduno. Item #2OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA None. Item #3 COUNCIL APPROVAL OF AGENDA M/Susag, S/Sandahl to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR A.APPROVED RESOLUTIONS ESTABLISHING DATE OF PUBLIC HEARING ON GENERAL CRITERIA FOR BUSINESS SUBSIDIES AND BUSINESS SUBSIDY AGREEMENT TO FUND STORM SEWER IMPROVEMENTS AT WOODLAKE CENTRE, LAKES AT LYNDALE C.L. 242 RESOLUTION NO. 8790 RESOLUTION AUTHORIZING THE ADOPTION OF CRITERIA FOR PROVIDING BUSINESS SUBSIDIES RESOLUTION NO. 8791 RESOLUTION AUTHORIZING THE ADOPTION OF BUSINESS SUBSIDY AGREEMENT WITH RICHFIELD STATE AGENCY, INC. These resolutions appear as Resolution No’s. 8790 and 8791 in Resolution Book No. 70. B.APPROVED RENEWAL OF VETERINARY LICENSE FOR VETERINARY IMAGING CONSULTANTS, 6521 CEDAR AVENUE C.L. 243 Council Meeting Minutes-3-October 25, 1999 C.APPROVED RENEWAL OF VETERINARY LICENSE FOR A CARING DOCTOR (MINNESOTA) P.A., IN NAME OF VETSMART PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH STREET C.L. 244 D.APPROVED FEE WAIVER FOR TWO, SEVEN-DAY TEMPORARY SIGN PERMITS FOR COMMUNITY CENTER HOLIDAY BOUTIQUE ON OCTOBER 23, 1999 C.L. 245 M/Stokes, S/Susag to approve the consent calendar. Motion carried 5-0. Council Member Susag stated that the HRA will also conduct public hearings on November 15 regarding the general criteria for business subsidies and a business subsidy agreement to fund storm sewer improvements at Woodlake Centre. Item #5CONSIDERATION OF CONTINUATION OF PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO VACATE RIGHT- OF-WAY ADJACENT TO 6225 BLAISDELL AVENUE TO NOVEMBER 22, 1999 C.L. 246 City Manager Orduno reviewed C.L. No. 246 regarding consideration of continuing the public hearing and second reading of a transitory ordinance to vacate right-of-way adjacent to 6225 Blaisdell Avenue to the November 22, 1999 City Council Meeting. M/Susag, S/Rosenberg to continue the public hearing and second reading of a transitory ordinance to vacate right-of-way adjacent to 6225 Blaisdell Avenue to the November 22, 1999 City Council Meeting. Motion carried 5-0. Item #6CONSIDERATION OF RESOLUTION SUSPENDING LIQUOR LICENSE AND IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATIONS AGAINST DON PABLOS, 980 WEST 78TH STREET, FOR SELLING ALCOHOL TO MINOR C.L. 247 City Manager Orduno reviewed C.L. No. 247 regarding consideration of a resolution suspending the liquor license and imposing a civil penalty for liquor license violations against Don Pablos, 980 West 78th Street, for selling alcohol to a minor. She recommended the following Council actions: x Rescind Resolution No. 8783 for Don Pablos, 980 West 78th Street, authorizing an independent examiner, contested case hearing; Council Meeting Minutes-4-October 25, 1999 x Approve a resolution suspending Don Pablos’ on-sale intoxicating and Sunday liquor license for two consecutive days; x Impose a civil penalty of $500 for one count of selling alcohol to a minor; x Direct the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance; and x Require Don Pablos to send a representative to an alcohol sales and awareness training session provided by Public Safety staff. Christina Stallman, representing Don Pablos, admitted the compliance violation and acceptance of the civil penalty. M/Stokes, S/Sandahl to rescind Resolution No. 8738 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. 8792 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR DON PABLOS OPERATING CORP. DBA DON PABLOS, 980 WEST 78TH STREET; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8792 in Resolution Book No. 70. Item #7CONSIDERATION OF RESOLUTION ADOPTING FINDINGS OF FACT REGARDING APPROVAL OF STREET SIDE AND INTERIOR SIDE SETBACK VARIANCES FOR 7532 GIRARD AVENUE C.L. 248 City Manager Orduno reviewed C.L. No. 248 regarding a resolution adopting findings of fact for the approval of street side and interior side setback variances for 7532 Girard Avenue. Council Member Sandahl questioned whether the proposed redesign and reconstruction of the I-494/I-35W Interchange would impact this property. Public Works Director Eastling stated that the EIS for the project showed the possibility that the northbound ramp from 76th Street to I-35W could possibly impact this property and others in the area. He stated the EIS showed maximum general perimeters and this may change when the actual specific design is done. He noted that construction would be greater than five years out in the future. He stated he would advise the applicant and the area of the potential future impact. 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: Council Meeting Minutes-5-October 25, 1999 RESOLUTION NO. 8793 RESOLUTION GRANTING AN APPEAL TO THE BOARD OF ADJUSTMENT AND APPEALS OF A DECISION MADE BY THE HEARING EXAMINER 7532 GIRARD AVENUE Motion carried 3-2. (Kirsch and Rosenberg opposed.) This resolution appears as Resolution No. 8793 in Resolution Book No. 70. Item #8CONSIDERATION OF REQUEST FOR CONCURRENCE FOR BUS OPERATIONS ON EAST 77TH STREET BETWEEN 12TH AVENUE AND LYNDALE AVENUE C.L. 249 City Manager Orduno reviewed C.L. 249 regarding a request from Metro Transit and Southwest Metro Transit for concurrence from the City for new bus operations on East 77th Street between 12th Avenue and Lyndale Avenue. Council Member Rosenberg spoke in support of the proposal and encouraged Metro Transit to increase this type of service. Council Member Sandahl suggested Metro Transit also look at extending the service west of Penn Avenue, especially if the Interchange West Redevelopment occurs. Mayor Kirsch spoke in support of the proposals and asked Public Works Director Eastling to assure that the signs conform to the 77th Street design standards. Council Member Susag discussed the goals of the I-494 Corridor Commission which includes transit services such as this to increase capacity on the main line highway. M/Susag, S/Rosenberg to concur with the proposed new crosstown bus route 590 plans to operate on East 77th Street between 12th Avenue and Lyndale Avenue and direct City staff to coordinate location and posting of new bus stops and bus stop pads with Metro Transit. Motion carried 5-0. Item #9AIRPORT STATUS REPORT City Manager Orduno reported on the following airport issues: x The next meeting of the Governor’s Airport Community Stabilization Funding Task Force will be on Wednesday, October 27 at 8:00 a.m. at Richfield City Hall. x The City Manager will meet with MAC Chair Charles Nichols on November 1. Council Meeting Minutes-6-October 25, 1999 x The City Manager will meet with MAC Executive Director Jeff Hamiel on November 3. Audrey Duffee, 6515 18th Avenue, member of the STARR Group, reported on the following airport issues: x Over 50 residents attended the October 21 STARR Group meeting along with State Representatives Dan Larson and Mark Gleason. x The STARR Group continues to write letters to state and federal officials. x MAC Chair Charles Nichols has responded to a request to meet with the Duffee’s. x Construction traffic from the MAC runway project has caused safety concerns which have been relayed to the MAC, State Highway Patrol and Richfield Police. Item #10LEGISLATIVE REPORT City Manager Orduno stated that City staff is preparing proposals for legislative initiatives and policies for City Council review. Discussion followed regarding scheduling a date for the annual City Council goal setting meeting. It was the consensus of the Council that the meeting be scheduled for Saturday, January 8, 2000. Item #11COUNCIL DISCUSSION ITEMS Council discussion was conducted regarding the applicability of the open meeting law to ceremonial type activities and the City Council resolution regarding attendance and excused absences for Council Members, particularly as it pertains to special meetings. M/Sandahl, S/ Susag to determine the absence of Council Member Stokes from the October 7, 1999 Special Meeting as an excused absence. Motion carried 5-0. Council Member Susag announced the AMM Policy Adoption Meeting will occur on November 17 at 4:30 p.m. indicating he would be in attendance at the meeting at the LMC Building. Mayor Kirsch discussed City Council attendance at the following events and directed the posting of meeting notices for those which a quorum of the City Council may be in attendance: Council Meeting Minutes-7-October 25, 1999 x Ribbon cutting at McDonalds at 67th and Lyndale, November 3, 1999, 5:00 p.m. to 7:00 p.m. x Chamber of Commerce Gala, November 12, 1999, 6:00 p.m. Minnesota Valley Country Club x Richfield Ice Arena ribbon cutting, October 30, 1999, 1:30 p.m. x Rainbow ribbon cutting, October 29, 1999 City Attorney Thomson reviewed issues related to the Open Meeting Law. City Manager Orduno stated that the Air Force Reserve will be naming a C-130 Airplane the “City of Richfield”. It was the consensus of the City Council that the Air Force Reserve ceremony be scheduled for 5:00 p.m. on November 22 if agreeable to the Air Force Reserve. Item #12CLAIMS AND PAYROLL M/Susag, S/Rosenberg that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 89039 - 90914$ 107,059.42 H/C 91202 -91576$1,430,268.60 PAYROLL: 15942 – 16166$ 460,395.04 TOTAL$1,997,723.06 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:45 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. FerberSamantha Orduno City ClerkCity Manager