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02-28-00 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting February 28, 2000 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; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Stokes, S/Sandahl to approve the minutes of the Regular City Council Meeting of February 14, 2000. Motion carried 5-0. Council Meeting Minutes-2-February 28, 2000 Item #1PRESENTATION OF PLAQUE TO HRA COMMISSIONER RUSS SUSAG Mayor Kirsch read and presented a plaque to Russ Susag in recognition of his service to the City as a Housing and Redevelopment Authority (HRA) Commissioner from January 1993 to January 2000. Item #2PRESENTATION OF ALCOHOL COMPLIANCE CHECK SUMMARY INFORMATION Public Safety Director Scott presented a report on the Public Safety Department’s conduct of alcohol compliance checks. Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA None. Item 4# COUNCIL APPROVAL OF AGENDA Mayor Kirsch stated that consent calendar Item 5F would be removed from the consent calendar for consideration on the regular agenda as Item 7A. Council Member Rosenberg requested that consent calendar Item 5A also be removed from the consent calendar. Mayor Kirsch stated that consent calendar Item 5A would be removed from the consent calendar for consideration on the regular agenda as Item 7B. M/Stokes, S/Susag to approve the agenda as amended. Motion carried 5-0. Council Meeting Minutes-3-February 28, 2000 Item #5 CONSENT CALENDAR A.REMOVED FROM THE CONSENT CALENDAR AND CONSIDERED ON THE REGULAR AGENDA AS ITEM #7B. B. APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER OF PROPERTY AT 6817 QUEEN AVENUE THAT WOULD ENABLE PROPERTY OWNER TO DIVIDE PROPERTY INTO TWO LOTS S.R. NO. 58 RESOLUTION NO. 8858 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER OF PROPERTY 6817 QUEEN AVENUE This resolution appears as Resolution No. 8858 in Resolution Book No. 71. C.APPROVED RESOLUTION APPOINTING LARRY EMOND AND GLENN ERICKSON TO 2000 BOARD OF EQUALIZATION AND SETTING COMPENSATION FOR SERVICE S.R. NO. 59 RESOLUTION NO. 8859 A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION This resolution appears as Resolution No. 8859 in Resolution Book No. 71. D.APPROVED SETTING PUBLIC HEARING ON MARCH 27, 2000 TO CONSIDER PROPOSED TRANSFER OF CONTROL OF KBL CABLE SYSTEMS OF THE SOUTHWEST, INC. THROUGH PROPOSED MERGER WITH AMERICA ONLINE S.R. NO. 60 E.APPROVED CANCELING REGULAR CITY COUNCIL STUDY SESSION OF MARCH 6, 2000 AND SCHEDULING SPECIAL CITY COUNCIL STUDY SESSION ON MARCH 13, 2000 S.R. NO. 61 F.REMOVED FROM THE CONSENT CALENDAR AND CONSIDERED ON THE REGULAR AGENDA AS ITEM #7A M/Stokes, S/Susag to approve the consent calendar as amended. Motion carried 5-0. Council Meeting Minutes-4-February 28, 2000 Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE RELATING TO REGULAR MEETINGS OF CITY COUNCIL, AMENDING SUBSECTION 205.01 OF RICHFIELD CITY CODE, AND APPROVAL OF RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS S. R. NO. 63 City Manager Orduno reviewed Staff Report No. 63 regarding a proposed ordinance amendment which would delete the first Monday of the month as a regularly scheduled City Council meeting date for Study Sessions and a resolution adopting rules of procedure and decorum for City Council meetings which would reflect this change. Larry Wozniczka, 6744 Wentworth Avenue, stated support for the ordinance amendment and discussed his suggestions regarding City Council procedures including: x Avoid concurrent meetings of various commissions (i.e. Planning Commission and Community Services Commission meetings on the same night) x If an issue warrants a study session invite all commission members and City Council members to attend with member attendance optional. Take minutes and provide to those members not in attendance. x Mandate a final report and specification for Public Works design studies (i.e. Nicollet Avenue Study) x Review purpose and role of the Community Services Commission x Advice on procedures for citizen requests to the City Council and response to these requests Dennis W. Manson, 6901 Park Avenue, asked for clarification regarding the ordinance amendment. City Manager Orduno explained that by ordinance there are currently three Council meetings per month. She stated that the proposed ordinance amendment would eliminate the Study Session meeting on the first Monday of the month. She stated that if Study Session meetings were needed they could be held on the same night as the two regular Council meetings each month at a time such as 5:30 p.m. or 6:00 p.m. M/Susag, S/Stokes to close public hearing. Motion carried 5-0. Council Member Susag stated agreement that the City Council should schedule a review of the purpose and role of City Commissions sometime before the end of this year. Council Member Rosenberg stated that the Community Services Commission is currently undertaking a review of their mission. She stated that the scheduling for the various commissions is difficult particularly when there is a holiday. She requested staff to avoid scheduling commission meetings on the same night. She encouraged citizens to contact City Council Members if they have questions or concerns. Council Meeting Minutes-5-February 28, 2000 Mayor Kirsch stated that in some cases it may be prudent for joint meetings so that staff does not have to make multiple presentations. M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 2000-6, amending section 205.01 of the Richfield City Code regarding City Council Meetings, that it be published in the official newspaper and that it be made part of these minutes, 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. 8860 RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS Motion carried 5-0. This resolution appears as Resolution No. 8860 in Resolution Book No. 71. Item #7CONSIDERATION OF RESOLUTION APPROVING THE PROVISIONS OF 2000-2001 LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES, LOCAL 225 S. R. NO. 64 Administrative Services Director Devich reviewed Staff Report No. 64 regarding consideration of approval of the provisions of the proposed 2000-2001 labor agreement with the Law Enforcement Labor Services (LELS) Local 225 and authorization for the City Manager to execute the agreement. 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. 8861 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225 BARGAINING UNIT FOR THE YEARS 2000 AND 2001 Motion carried 5-0. This resolution appears as Resolution No. 8861 in Resolution Book No. 71. Council Meeting Minutes-6-February 28, 2000 Item #7ACONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS, ORDERING CITY PROJECT NO. 503-30-577 AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PROPOSED STORM WATER SYSTEM IMPROVEMENTS IN VICINITY OF 70TH STREET AND RUSSELL AVENUE S. R. NO. 62 Public Works Director Eastling reviewed Staff Report No. 62 regarding the plans and specifications for the proposed storm water system improvements in the vicinity of 70th Street and Russell Avenue. He presented cross section drawings of the alternatives considered for the street width and curb lines locations. He discussed the impacts of the alternatives on driveways and on street parking. He discussed the issue of traffic calming in the area as a separate issue from the storm sewer improvements. He recommended that the street width be 29 feet, that parking be prohibited on the south side of the street and there be no sidewalk. Council Member Rosenberg asked questions regarding on street parking in the area possibly being related to use of the street as a park and ride spot. She asked about the potential use of speed bumps for traffic calming. Public Works Director Eastling stated that Transportation Engineer Foley had presented and discussed all the various traffic calming tools with the residents of the area last year. John Grim, 2401 West 70th Street, discussed concerns and questions regarding the proposed project including the following issues: x Some residents were homebound and unable to attend the meetings x Concern about plan changes after plans and specifications are approved x Traffic calming discussed with residents and then no implementation x Support for narrowing the street the whole length with the intersection of 70th and Penn offset as a traffic calming measure x There has not been enough resident input x No copy of the plans has been shown to residents Public Works Director Eastling presented and discussed the project plan drawings. He stated staff is open to further resident input. He indicated adjustments can still be made in the plans. He indicated there would be additional costs if the street was not tapered to meet the existing 70th and Penn intersection. He discussed the traffic tracing study and indicated that Traffic Engineer Foley would again be meeting with residents regarding traffic calming issues. Mr. Grim asked about the construction timeframe and access during construction. Public Works Director Eastling stated that the street would be open for local access during construction except for short periods of time. He indicated the construction period would be anticipated to be about six weeks. Council Meeting Minutes-7-February 28, 2000 William Robinson, 6945 Queen Avenue, stated he did not favor the alternative that would move the curb line toward his house and was supportive of the alternative Mr. Eastling recommended. Council Member Susag discussed how the proposed project was for storm water drainage improvements and not to address the traffic calming issues, with the parking ban on the south side being required because of the narrowing of the street. M/Susag, S/Stokes to approve the plans and specifications, order City Project No. 503-30-577, and authorize advertisement for bid for proposed storm water system improvements in the vicinity of 70th Street and Russell Avenue. Motion carried 5-0. Council Member Susag requested that the Public Works Department look at some type of signage for west bound traffic entering from the commercial area into the residential area. Public Works Director Eastling answered questions regarding the capacity of the Penn Avenue storm water pond. Item 7BCONSIDERATION OF APPROVAL OF RESOLUTION REQUIRING RICHFIELD CITY EMPLOYEES NOT TO FLY ON WORK-RELATED TRAVEL BETWEEN HOURS OF 10 P.M. AND 7 A.M. S. R. NO. 57 Council Member Rosenberg spoke in support of the proposed resolution which was recommended for adoption by the CARE Team. She read the resolution and stated that it should be amended by deleting the following paragraph from the resolution: “Be it further resolved that City officials and employees seek overnight accommodations, at the expense of the air carrier, whenever a flight is delayed such that it would arrive at MSP between the hours of 10 p.m. to 7 a.m.” M/Rosenberg, 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. 8862 RESOLUTION REQUIRING RICHFIELD CITY EMPLOYEES NOT TO FLY BETWEEN THE HOURS OF 10 P.M. AND 7 A.M. Motion carried 5-0. This resolution appears as Resolution No. 8862 in Resolution Book No. 71. Council Meeting Minutes-8-February 28, 2000 Item #8CONSIDERATION OF FIRST READING OF PROPOSED ORDINANCE AMENDMENT TO CITY ADMINISTRATIVE CODE SECTION 1, SUBSECTION 310.33, 310.37 AND 310.07 DESCRIBING VACATION LEAVE, PERSONAL LEAVE AND BACKGROUND INVESTIGATIONS AND SETTING PUBLIC HEARING AND SECOND READING FOR MARCH 27, 2000 S. R. NO. 65 Administrative Services Director Devich reviewed Staff Report No. 65 regarding a proposed ordinance amendment which would amend vacation and personal leave accrual rates for certain employees and amend the background investigation procedures related to final applicants for City employment, volunteer work with children and/or vulnerable adults and independent contractor candidates. M/Susag, S/Stokes that this constitutes the First Reading of the ordinance amendment; and the Public Hearing and Second Reading of the ordinance amendment be scheduled for the March 27, 2000 City Council Meeting. Motion carried 5-0. Item #9CONSIDERATION OF REVISED MEMORANDUM OF UNDERSTANDING AMONG CITY OF RICHFIELD, MINNESOTA DEPARTMENT OF TRANSPORTATION AND METROPOLITAN AIRPORTS COMMISSION; AND REVISED AGREEMENT BETWEEN CITY OF RICHFIELD AND THE MAC RELATED TO LAND ACQUISITION FOR IMPROVEMENTS AT INTERSECTION OF 66TH STREET AND TRUNK HIGHWAY 77 S. R. NO. 66 Public Works Director Eastling reviewed Staff Report No. 66 regarding the proposed revised Memorandum of Understanding among the City of Richfield, the Minnesota Department of Transportation and the Metropolitan Airports Commission related the construction of a new interchange at 66th Street and Trunk Highway 77 and the proposed revised right of way agreement between the City of Richfield and the Metropolitan Airports Commission related to the land acquisition. Council Member Stokes asked about maintaining the Cedar Avenue access as long as possible. Public Works Director Eastling stated that would still be the case. Larry Wozniczka, 6744 Wentworth Avenue, stated concerns and questions about the scope of the revisions to the agreement, the interest provisions and repayment provisions. Council Meeting Minutes-9-February 28, 2000 Public Works Director Eastling responded to Mr. Wozniczka’s questions explaining the source of funding, timing issues and clarifying the repayment provisions in the revised agreement. M/Susag, S/Sandahl to authorize the City Manager and Mayor to sign the revised Memorandum of Understanding among the City of Richfield, the Minnesota Department of Transportation and the Metropolitan Airports Commission related to the construction of a new interchange at 66th Street and Trunk Highway 77; and to authorize the City Manager and Mayor to sign the revised right of way agreement between the City of Richfield and the Metropolitan Airports Commission related to land acquisition for the required right-of-way for the west ramps at the intersection of 66th Street and Trunk Highway 77. Motion carried 4-0. (Rosenberg opposed.) Item #10AIRPORT STATUS REPORT City Manager Orduno reviewed the status of the following airport issues: x Low Frequency Noise Policy Committee The final draft of the expert panel’s report will be reviewed by the committee. x Metropolitan Council The Metropolitan Council will be meeting at the MSP Airport on March 1. Several residents intend to address the Metropolitan Council on airport issues. x Legislation Mayor Kirsch is expected to testify on March 1 before a Senate sub-committee considering legislation to adopt the recommendations of the Governor’s Airport Community Stabilization funding Task Force. Item #11LEGISLATIVE REPORT City Manager Orduno discussed legislation which would eliminate the 90 day ”quick take” condemnation by requiring a one year timeframe. She stated the League of Minnesota Cities is opposing this bill because of its detrimental impact on cities. Item #12COUNCIL DISCUSSION ITEMS Mayor Kirsch invited citizens to the Richfield Human Rights Commission sponsored Richfest 2000 event scheduled for March 19, 2000 from 11:00 a.m. to 5:00 p.m. at the Richfield Intermediate School. Council Meeting Minutes-10-February 28, 2000 Council Member Rosenberg announced her intention to be a candidate for election for another term as ward one Council Member. Council Member Susag invited the public to visit Richfield’s entry in the Parade of Homes at 7133 Lyndale Avenue. Council Member Susag read the locations of precinct caucuses for the four major political parties as presented by Ron Lischeid, 6141 Colfax Avenue. Item #13CLAIMS AND PAYROLL M/Stokes, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 95030 – 95055$39,042.70 H/C95729 - 96030$609,012.40 PAYROLL16425 - 16437; 18114 - 18290$456,642.68 TOTAL$ 1,104,697.78 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:44 p.m. Date Approved: Martin J. Kirsch Mayor Thomas P. FerberSamantha Orduno City ClerkCity Manager