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12-13-99 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 13, 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; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Sandahl, S/Stokes to approve the minutes of the regular City Council Meeting of November 22, 1999, the Special City Council Meeting of November 29, 1999, the Special Joint City Council/Richfield School Board Meeting of December 6, 1999 and the Special City Council Meeting of December 6, 1999. Motion carried 5-0. Council Meeting Minutes-2-December 13, 1999 Item #1PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD TO FINANCE MANAGER, CHRIS REGIS Council Member Sandahl presented the Government Finance Officers Association Distinguished Budget Presentation Award to Finance Manager Chris Regis. Item #2OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA None. Item 3# COUNCIL APPROVAL OF AGENDA Mayor Kirsch stated that the following item would be added to the agenda for consideration: 15A. Consideration of approval of mediated contract dispute settlement with Thermex for construction of rink refrigeration system for second ice sheet. M/Stokes, S/Susag to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. APPROVED RESOLUTION WHICH SPECIFIES CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND RECOMMENDED DISCIPLINE ACTION C.L. 289 RESOLUTION NO. 8808 RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND STATING RECOMMENDED DISCIPLINE REPLACING RESOLUTION NO. 8714 This resolution appears as Resolution No. 8808 in Resolution Book No. 70. Council Meeting Minutes-3-December 13, 1999 B.APPROVED RESOLUTION APPOINTING REPRESENTATIVES TO RICHFIELD TOURISM BOARD, INC. C.L. 290 RESOLUTION NO. 8809 RESOLUTION APPOINTING REPRESENTATIVES TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 8809 in Resolution Book No. 70. C.APPROVED RESOLUTION ISSUING NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT STATEMENT FOR RICHFIELD LAKE WATER QUALITY PROJECT C.L. 291 RESOLUTION NO. 8810 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE RICHFIELD LAKE WATER QUALITY PROJECT This resolution appears as Resolution No. 8810 in Resolution Book No. 70. D.APPROVED RESOLUTION AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY FOR PARTICIPATION IN FEDERAL AID PRESERVATION PROGRAM FOR REPLACING TRAFFIC SIGNAL CONTROLLERS AND CABINETS, REPLACING RED INCANDESCENT TRAFFIC SIGNAL INDICATIONS WITH RED LIGHT EMITTING DIODES INDICATIONS AND SIGNAL PAINTING C.L. 292 RESOLUTION NO. 8811 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY AGREEMENT NO. PW 59-19-99 FOR PARTICIPATION IN FEDERAL AID PRESERVATION PROGRAM This resolution appears as Resolution No. 8811 in Resolution Book No. 70. E.APPROVED LJR INC. CONTRACT WITH I-494 CORRIDOR COMMISSION, 1999-2000 C.L. 293 F.APPROVED PLANS AND SPECIFICATIONS FOR RAISING SELECTED AREAS OF TRAIL AT WOOD LAKE NATURE CENTER, ORDERING PROJECT, AUTHORIZING NOTICE OF BID, AND AUTHORIZING EXECUTION OF AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FUNDING PURPOSES C.L. 294 G.APPROVED RESOLUTION APPROVING CITY OF RICHFIELD’S PARTICIPATION IN JOINT POLICE AND FIRE TRAINING FACILITY C.L. 295 Council Meeting Minutes-4-December 13, 1999 RESOLUTION NO. 8812 RESOLUTION AUTHORIZING SUPPORT OF AND INCLUSION OF THE CITY OF RICHFIELD IN THE JOINT POLICE AND FIRE TRAINING FACILITY TO BE LOCATED IN EDINA, MN This resolution appears as Resolution No. 8812 in Resolution Book No. 70. H.APPROVED CANCELING CITY COUNCIL MEETING OF DECEMBER 27, 1999 C.L. 296 I.APPROVED PURCHASE IN EXCESS OF $25,000 FOR MOBILE COMPUTING DEVICES AND RELATED HARDWARE FOR INSTALLATION IN POLICE VEHICLES C.L. 297 J.APPROVED NEW TAXI LICENSE FOR METROPOLITAN TAXI; ONE VEHICLE C.L. 298 M/Susag, S/Stokes to approve the consent calendar. Motion carried 5-0. Mayor Kirsch acknowledged the service of Larry Zielke as a member of the Richfield Tourism Board. Item #5DISCIPLINARY HEARING AND CIVIL ENFORCEMENT FOR ALCOHOL ESTABLISHMENTS IN RICHFIELD THAT RECENTLY UNDERWENT ALCOHOL COMPLIANCE CHECKS AND FAILED BY SELLING ALCOHOL TO UNDERAGE YOUTH C.L. 299 Public Safety Director Scott reviewed Council Letter No. 299 regarding disciplinary hearings and consideration of civil penalties for establishments in Richfield which failed recent alcohol compliance checks conducted by the Richfield Public Safety Department. City Attorney Thomson responded to questions regarding the revisions to the resolution specifying improper conduct and disciplinary actions regarding the sale of alcohol. Mayor Kirsch requested that the City Clerk call the roll of the establishments so that each could respond to the violation. B and D Convenience - 813 East 66th Street - Dan Fligge admitted the violation occurred and stipulated to the suspension and the civil penalty. 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-December 13, 1999 RESOLUTION NO. 8813 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR B & D’S CONVENIENCE PLUS; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8813 in Resolution Book No. 70. SuperAmerica - 7720 Nicollet Avenue - Bill Bahl admitted the violation occurred and stipulated to the suspension and civil penalty. M/Stokes, 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. 8814 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR SUPERAMERICA; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8814 in Resolution Book No. 70. Tom Thumb - 7600 Knox Avenue - No one appeared to represent Tom Thumb. 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. 8815 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR TOM THUMB; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8815 in Resolution Book No. 70. Mobil Station – 6744 Penn Avenue – Mark Olson admitted the violation occurred and stipulated to the suspension and civil penalty. He asked for clarification regarding the disciplinary resolution as it related to off sale establishments. City Attorney Thomson reviewed the applicability and intent of the resolution. Mr. Olson discussed the human factors relating to the violations. Council Member Susag discussed increasing training opportunities available to license holders suggesting that the Richfield Chamber of Commerce could coordinate such a program for businesses. M/Stokes, S/Rosenberg 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-6-December 13, 1999 RESOLUTION NO. 8816 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR MOBIL STATION; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8816 in Resolution Book No. 70. Airport Bowl – 7711 14th Avenue – David White admitted the violation occurred and stipulated to the suspension and civil penalty. 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. 8817 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR AIRPORT BOWL; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8817 in Resolution Book No. 70. SuperAmerica – 7500 Lyndale Avenue – Bill Bahl admitted the violation occurred and stipulated to the suspension and civil penalty. M/Susag, S/Sandahl 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. 8818 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR SUPERAMERICA; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8818 in Resolution Book No. 70. Hampton Inn – 7745 Lyndale Avenue – Jennifer Olson admitted the violation occurred and stipulated to the suspension and civil penalty. She stated the Hampton Inn has decided to discontinue the sale of alcohol at the end of the year. M/Susag, S/Rosenberg 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. 8819 RESOLUTION SUSPENDING THE ON-SALE 3.2 MALT LIQUOR LICENSE FOR HAMPTON INN; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8819 in Resolution Book No. 70. Council Meeting Minutes-7-December 13, 1999 Jalapeno Market – 1430 East 66th Street – George Fosse admitted the violation occurred and stipulated to the suspension and civil penalty M/Stokes, S/Sandahl 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. 8820 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR EL JALEPENO MARKET; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8820 in Resolution Book No. 70. SuperAmerica – 2913 West 66th Street – Bill Bahl admitted the violation occurred and stipulated to the suspension and civil penalty. He discussed the training and procedures used by SuperAmerica to try to eliminate this type of violation. He discussed the frustration with how to eliminate the errors made by clerks despite training and procedural efforts. He stated this store will discontinue selling alcohol. Discussion followed regarding training issues. Council Member Sandahl noted that many establishments did pass all of the compliance checks. 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. 8821 RESOLUTION SUSPENDING THE OFF-SALE 3.2 MALT LIQUOR LICENSE FOR SUPERAMERICA; AND IMPOSING A CIVIL PENALTY Motion carried 5-0. This resolution appears as Resolution No. 8821 in Resolution Book No. 70. Champps – 790 West 66th Street – Rich Scanlon admitted the violation occurred and stipulated to the suspension and civil penalty. He offered assistance to the City and the liquor license businesses in providing information on the National Restaurant Association Bar Code System training program. He reviewed the efforts of Champps Restaurants in being responsible servers and discussed the economic consequences of the civil penalty to the restaurant and it’s managers. M/Stokes, S/Sandahl 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. 8822 RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR LICENSE FOR AMERICAN DINING CORP. DBA CHAMPPS SPORTS CAFÉ; AND IMPOSING A CIVIL PENALTY Council Meeting Minutes-8-December 13, 1999 Motion carried 5-0. This resolution appears as Resolution No. 8822 in Resolution Book No. 70 Public Safety Director Scott reviewed and discussed identification procedures and training issues Item #6PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 2000 LIQUOR LICENSE RENEWALS: A.ON-SALE INTOXICATING, SUNDAY LIQUOR AND TAVERN FOR CHI- CHI'S, INC., DBA CHI-CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE C.L. 300 B.ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR DON PABLO’S OPERATING CORP., DBA DON PABLO'S, 980 WEST 78TH STREET C.L. 301 C.ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR AMERICANA DINING CORPORATION, DBA CHAMPPS SPORTS CAFÉ, 790 WEST 66TH STREET C.L. 302 D.ON-SALE AND SUNDAY LIQUOR FOR PAISAN INCORPORATED, DBA KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. 303 E.ON-SALE INTOXICATING AND SUNDAY LIQUOR FOR THE GROUND ROUND OF MINN., INC., DBA THE GROUND ROUND, 1500 EAST 78TH STREET C.L. 304 F.CLUB ON-SALE AND SUNDAY LIQUOR FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE C.L. 305 G.CLUB ON-SALE AND SUNDAY LIQUOR FOR MINNEAPOLIS- RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. 306 H.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THOMPSON'S FIRESIDE PIZZA, INC., DBA FIRESIDE PIZZA, 6736 PENN AVENUE C.L. 307 I.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THE FRENCHMAN'S, 1400 EAST 66TH STREET C.L. 308 J.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR GIN NG INC., DBA SILVER SPOON RESTAURANT, 6700 PENN AVENUE C.L. 309 K.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR KIANG'S RED PEPPER INC., DBA RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET C.L. 310 L.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR SUBECK INCORPORATED, DBA KETSANA'S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L. 311 City Manager Orduno stated that there were applications for two 2000 Club On-Sale and Sunday Liquor Licenses, five 2000 On-Sale Wine and 3.2 Malt Liquor Licenses, and five 2000 On-Sale and Sunday Liquor Licenses on the agenda for Council consideration. She indicated that staff had prepared a report for each application. She stated that the Council Meeting Minutes-9-December 13, 1999 public hearings would be held concurrently for all applications and action taken concurrently unless a division was requested. M/Susag, S/Stokes to close public hearing. Motion carried 5-0. No one in attendance wished to speak on any of the applications after the public hearings were opened by the City Council. Therefore, the City Council closed the public hearings and took action on the applications. Item #6APUBLIC HEARING TO CONSIDER 2000 ON-SALE, SUNDAY LIQUOR AND TAVERN LICENSES FOR CHI CHI’S, INC. D/B/A CHI CHI’S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE C.L. NO. 300 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale and Sunday Liquor Licenses for Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item 6BPUBLIC HEARING TO CONSIDER 2000 ON-SALE AND SUNDAY LIQUOR LICENSES FOR DON PABLO’S OPERATING CORP. D/B/A DON PABLO’S, 980 WEST 78TH STREET C.L. NO. 301 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale and Sunday Liquor Licenses for Don Pablo’s Operating Corp. d/b/a Don Pablo’s, 980 West 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Council Meeting Minutes-10-December 13, 1999 Item #6CPUBLIC HEARING TO CONSIDER 2000 ON-SALE AND SUNDAY LIQUOR LICENSES FOR AMERICANA DINING CORPORATION D/B/A CHAMPPS SPORTS CAFÉ, 790 WEST 66TH STREET C.L. NO. 302 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale and Sunday Liquor Licenses for Americana Dining Corporation d/b/a Champps Sports Café, 790 West 66th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6DPUBLIC HEARING TO CONSIDER 2000 ON-SALE AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED D/B/A KHAN’S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. NO. 303 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale and Sunday Liquor Licenses for Paisan Incorporated d/b/a Khan’s Mongolian Barbeque, 500 East 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6EPUBLIC HEARING TO CONSIDER 2000 ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND OF MINN. INC. D/B/A THE GROUND ROUND, 1500 EAST 78TH STREET C.L. NO. 304 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. Council Meeting Minutes-11-December 13, 1999 M/Susag, S/Rosenberg to approve granting the 2000 On-Sale and Sunday Liquor Licenses for Ground Round of Minn. Inc., d/b/a The Ground Round, 1500 East 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6FPUBLIC HEARING TO CONSIDER 2000 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE C.L. NO. 305 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 Club On-Sale and Sunday Liquor Licenses for Fred Babcock V.F.W. Post No. 5555, 6401 Lyndale Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6GPUBLIC HEARING TO CONSIDER 2000 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. NO. 306 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 Club On-Sale and Sunday Liquor Licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, with the following stipulations: 1.That the requirements are met in Resolution No. 8808. 2.That their $10,000 bond is submitted as soon as possible. Motion carried 5-0. Council Meeting Minutes-12-December 13, 1999 Item #6HPUBLIC HEARING TO CONSIDER 2000 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR THOMPSON’S FIRESIDE PIZZA, INC., 6736 PENN AVENUE C.L. NO. 307 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale Wine and Non- Intoxicating Malt Liquor Licenses to Thompson’s Fireside Pizza, Inc., 6736 Penn Avenue, with the following stipulations: 1.That the requirements are met in Resolution No. 8808. 2.That proof of liquor liability and workers compensation insurance is submitted as soon as possible. Motion carried 5-0. PUBLIC HEARING TO CONSIDER 2000 ON-SALE WINE AND 3.2 MALT I Item #6 LIQUOR LICENSES FOR THE FRENCHMAN’S, 1400 EAST 66TH STREET C.L. NO. 308 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale Wine and 3.2 Malt Liquor Licenses to the Frenchman’s, 1400 East 66th Street, with the following stipulations: 1.That the requirements are met in Resolution No. 8808. 2.That their liquor liability and workers compensation insurance information is submitted as soon as possible. Motion carried 5-0. Item #6JPUBLIC HEARING TO CONSIDER 2000 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR GIN NG INC. D/B/A SILVER SPOON RESTAURANT, 6700 PENN AVENUE C.L. NO. 309 M/Susag, S/Stokes to close the public hearing. Council Meeting Minutes-13-December 13, 1999 Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale Wine and 3.2 Malt Liquor Licenses to Gin Ng Inc., d/b/a Silver Spoon Restaurant, 6700 Penn Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6KPUBLIC HEARING TO CONSIDER 2000 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR KIANG’S RED PEPPER, INC. D/B/A RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET C.L. NO. 310 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 2000 On-Sale Wine and 3.2 Malt Liquor Licenses to Kiang’s Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Item #6LPUBLIC HEARING TO CONSIDER 2000 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR SUBECK INCORPORATED, D/B/A KETSANA’S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L. NO. 311 M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg to approve granting the 2000 On-Sale Wine and 3.2 Malt Liquor Licenses to Subeck Inc., d/b/a Ketsana’s Thai Restaurant, 7545 Lyndale Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 8808. Motion carried 5-0. Council Meeting Minutes-14-December 13, 1999 Item #7APUBLIC HEARING TO CONSIDER THE 2000 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWAL FOR METRO PAWN AND GUN, INC., 7529 LYNDALE AVENUE C.L. NO. 312 City Manager Orduno reviewed Council Letter No. 312 regarding the application of Mark Nichols for the issuance of a 2000 pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Stokes, S/Susag to approve the issuance of a 2000 pawnbroker and second hand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Motion carried 5-0. Item #7BPUBLIC HEARING TO CONSIDER THE 2000 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWAL FOR PLAZA PAWN, 6414 NICOLLET AVENUE C.L. NO. 313 City Manager Orduno reviewed Council Letter No. 313 regarding the application of Dorothy Krieger for the issuance of a 2000 pawnbroker and secondhand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to approve the issuance of a 2000 pawnbroker and second hand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. Motion carried 5-0. Item #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF UP TO $20,000,000 OF SENIOR HOUSING REVENUE BONDS, SERIES 2000A AND 2000B C.L. NO. 314 City Manager Orduno reviewed Council Letter No. 314 regarding a resolution authorizing the issuance of up to $20,000,000 of Senior Housing Revenue Bonds, Series Council Meeting Minutes-15-December 13, 1999 2000A and 2000B. She stated the principal of the bonds and the associated interest would be payable solely from the revenues pledged by Richfield Housing, Inc. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. 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. 8823 RESOLUTION AUTHORIZING SALE OF SENIOR HOUSING REVENUE BONDS Motion carried 5-0. This resolution appears as Resolution No. 8823 in Resolution Book No. 70. Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING PROPERTIES TO BE CONSISTENT WITH COMPREHENSIVE PLAN C.L. NO. 315 City Manager Orduno reviewed Council Letter No. 315 regarding a proposed ordinance amendment rezoning certain properties to be consistent with the Comprehensive Plan. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Stokes, S/Sandahl that this constitutes Second Reading of Bill No. 1999-15, amendment rezoning properties to be consistent with the Comprehensive Plan, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #10PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ON FINAL PLAT FOR RICHFIELD URBAN VILLAGE C.L. NO. 316 City Manager Orduno reviewed Council Letter No. 316 regarding a resolution approving the final plat of the Richfield Urban Village. Council Meeting Minutes-16-December 13, 1999 Larry Wozniczka, 6744 Wentworth Avenue, asked questions regarding pedestrian access through the Woodlake Centre site and the perimeter of development. Jan Sussee, Richfield State Agency, reviewed the plat map of the site showing the lots and out lots, reviewed various pedestrian access through the site, reviewed the construction status of the project, and answered questions from Mr. Wozniczka. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. 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.8824 RESOLUTION AUTHORIZING FINAL APPROVAL OF A SUBDIVISION FOR RICHFIELD STATE AGENCY AND THE OAKS, LLC Motion carried 5-0. This resolution appears as Resolution No. 8824 in Resolution Book No. 70. Item #11CONSIDERATION OF FIRST READING OF ORDINANCE AUTHORIZING CONSTRUCTION OF REPLACEMENT GOLF COURSE C.L. NO. 317 Administrative Services Director Devich reviewed Council Letter No. 317 regarding the DNR intent to accept proposals for the Upper Bluffs area and Fort Snelling Golf Course. He reviewed the necessity to comply with the letter and spirit of the City Charter if the City were interested in submitting a proposal and the timing issues related to ordinance process and submitting a proposal. Discussion followed regarding the Fort Snelling Golf Course and historic Officers Row Houses issue. The City Council requested further background information and a tour of the area. M/Susag, S/Sandahl that this constitutes the First Reading of this ordinance; and that the Public Hearing and Second Reading of the ordinance be scheduled for the January 10, 2000 City Council meeting. Motion carried 5-0. Item #12CONSIDERATION OF FIRST READING OF ORDINANCE RELATING TO COUNCIL MEMBER ATTENDANCE AT COUNCIL MEETINGS; AMENDING SUBSECTION 205.15 OF RICHFIELD CITY CODE C.L. NO. 318 Council Meeting Minutes-17-December 13, 1999 City Manager Orduno reviewed Council Letter No. 318 regarding a proposed ordinance amendment and resolution regarding Council Member attendance at Council Meetings. City Attorney Thomson reviewed and explained the proposed amendment. M/Sandahl, S/Stokes that this constitutes the First Reading of this ordinance; and that the Public Hearing and Second Reading of the ordinance be scheduled for the January 10, 2000 City Council meeting. Motion carried 5-0. Item #13CONSIDERATION OF RESOLUTION AUTHORIZING ADJUSTMENT OF 1999 REVISED GENERAL FUND BUDGET FOR PORTION OF UNSPENT YEAR-END FUNDS FOR AIRPORT MITIGATION EXPENDITURES C.L. NO. 319 City Manager Orduno reviewed Council Letter No. 319 regarding authorization to adjust the 1999 Revised General Fund Budget to utilize unspent year-end funds for airport expenditures. She reviewed the major airport related expenses incurred regarding the Low Frequency Noise Study, legal fees, lobbying and communication to the public. M/Stokes, S/Rosenberg 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. 8826 RESOLUTION AUTHORIZING ADJUSTMENT OF 1999 REVISED GENERAL FUND BUDGET Motion carried 5-0. This resolution appears as Resolution No. 8826 in Resolution Book No. 70. Item #14CONSIDERATION OF ADOPTION OF 1999 REVISED/2000 PROPOSED BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS C.L. NO. 320 City Manager Orduno reviewed Council Letter No. 320 regarding consideration of resolutions approving the 1999 Revised/2000 Budget and tax levy, authorizing budget revisions, revision of 1999 Budget of various departments, annual adjustment to City’s mileage reimbursement rate, cancellation of certain ad valorem tax levies, establishing wastewater, water, and storm sewer rates, adopting the 2000 Capital Improvement Budget, Adopting the 2001-2005 Capital Improvement Program, establishing policies, Council Meeting Minutes-18-December 13, 1999 procedures, and fees for the Assessing Division, relating to salary compensation plans and Appendix D fees. Council Member Rosenberg stated that the street light user fee would end on December 31, 1999 as promised when it was initiated several years ago. She also stated that a citizen had made a statement at a recent public meeting that a notice of the increase in utility fees was not published, and that was not true. Finance Manager Regis presented the affidavit of publication from the Richfield Sun-Current showing publication of the public hearing notice for the proposed utility fees. 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. 8827 RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 2000 RESOLUTION NO. 8828 RESOLUTION AUTHORIZING BUDGET REVISIONS RESOLUTION NO. 8829 RESOLUTION AUTHORIZING REVISION OF 1999 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 8830 RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 8831 RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX LEVIES ON THE IMPROVEMENT BONDS OF 1980 RESOLUTION NO. 8832 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS RESOLUTION NO. 8833 RESOLUTION ADOPTING THE 2000 CAPITAL IMPROVEMENT BUDGET RESOLUTION NO. 8834 RESOLUTION ADOPTING THE 2001-2005 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 8835 RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION Council Meeting Minutes-19-December 13, 1999 RESOLUTION NO. 8836 RESOLUTION ESTABLISHING 2000 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESOLUTION NO. 8837 RESOLUTION RELATING TO THE 1999 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 8838 RESOLUTION RELATING TO THE 1999 SPECIALIZED PAY PLAN RESOLUTION NO. 8839 RESOLUTION RELATING TO THE 2000 MANAGEMENT SALARY COMPENSATION PLAN RESOLUTION NO. 8840 RESOLUTION RELATING TO THE 2000 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 8841 RESOLUTION RELATING TO THE 2000 SPECIALIZED PAY PLAN Motion carried 5-0. These resolutions appear as Resolution No.’s 8827 – 8841 in Resolution Book No. 70. Item #15CONSIDERATION OF APPOINTMENTS TO PLANNING COMMISSION C.L. NO. 321 Mayor Kirsch stated that the City Council had a Special Meeting on November 29 to interview the applicants for appointment to the Planning Commission. M/Susag, S/Rosenberg to approve the following appointments to the Planning Commission: Term Expires Donna DrummondJanuary 31, 2000 Gordon HansonJanuary 31, 2000 John BjostadJanuary 31, 2001 Motion carried 5-0. Council discussion followed regarding including the two appointees whose terms expire in 2000 in the pool for the upcoming Planning Commission applicant pool without re-interview. Council Meeting Minutes-20-December 13, 1999 Item #15ACONSIDERATION OF APPROVAL OF MEDIATED CONTRACT DISPUTE SETTLEMENT WITH THERMEX FOR CONSTRUCTION OF RINK REFRIGERATION SYSTEM FOR SECOND ICE SHEET C.L. NO. 322 Administrative Services Director Devich reviewed Council Letter No. 322 regarding a proposed mediated contract dispute settlement with Thermex for construction of a rink refrigeration system for second ice sheet. M/Stokes, S/Sandahl to approve the mediated settlement consisting of the return of construction permit penalty of approximately $3,600 and payment of additional contract payment of up to $1,400 to Thermex, Inc. as a full and final settlement to Ice Arena contract dispute. Motion carried 5-0. Item #16AIRPORT STATUS REPORT City Manager Orduno discussed the following Airport issues: x The Low Frequency Noise Policy Committee Expert Panel is expected to present their final executive summary on December 17. x The next Governor’s Airport Community Stabilization Funding Task Force Meeting will be December 22, 1999 at Richfield City Hall. x Open houses will be held for the community to view and comment on the draft master plan concept for the Cedar Avenue Airport Mitigation Area as follows: x Saturday, January 8, 2000 – Centennial Elementary School, 10:00 a.m. – Noon x Tuesday, January 11, 2000 – Centennial Elementary School, 4:30 p.m. – 7:00 p.m. x Thursday, January 13, 2000 – Richfield High School, 4:30 p.m. – 7:00 p.m. II Council Member Stokes stated that the last day Stage aircraft can fly from the MSP Airport is December 31, 1999. She also stated that MSAC was informed a subcontractor of the Post Office, Ryan, is flying at 4:00 a.m. out of MSP. Item #17LEGISLATIVE REPORT City Manager Orduno stated that a draft of legislative policies and initiatives is being prepared for distribution to the City Council. Council Meeting Minutes-21-December 13, 1999 Item #18COUNCIL DISCUSSION ITEMS Council Member Susag discussed the following items: x Commended Recreation Services Department for joint effort with the Assumption Church on a family recreation program on Saturdays at the Assumption Activities Building x Reviewed his comments to the Metropolitan Council regarding the proposed SAC Waiver Demonstration Program x Reviewed his activity as a member of the steering committee to develop an generic urban environmental impact statement x Reported on his attendance at the National League of Cities Conference x Reviewed a proposed Aviation Noise Policy Amendment to the National League of Cities Municipal Policy Mayor Kirsch reminded residents about the availability of a free bus ride to the Holidazzle Parade from Richfield on December 17. Item #19CLAIMS AND PAYROLL M/Stokes, S/Susag that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 90961 - 90999$99,749.61 H/C92224 - 92627$1,164,598.29 PAYROLL16307 – 16336; 16930 - 17310$896,256.08 TOTAL$2,160,603.98 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:14 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. FerberSamantha Orduno City ClerkCity Manager