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10-09-00 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 9, 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; Susan Rosenberg; Russ Susag; Sue Sandahl; and Kristal Stokes. Staff Present:Samantha Orduno, City Manager; Deborah Guiher, Deputy City Clerk; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Bruce Palmborg, Community Development Director; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES Council Member Susag requested his statement on page 3 of the September 13 minutesbe amended. M/Stokes, S/Sandahl to approve the amended minutes of the (1) Special City Council Meeting of September 13, 2000; and the minutes of the (2) Special City Council Meeting of September 18, 2000; (3) Special City Council Meeting of September 18, 2000; (4) Special City Council Meeting of September 19, 2000; (5) Special City Council Meeting of September 21, 2000; (6) Special City Council Meeting of September 25, 2000; (7) Council Meeting Minutes-2-October 9, 2000 Special City Council Meeting of September 25, 2000; (8) Regular City Council Meeting of September 25, 2000; and (9) Special City Council Meeting of September 27, 2000. Motion carried 5-0. Item #1OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Dennis Manson, 6901 Park Avenue, questioned an article in the October 4 Richfield Sun regarding who is doing the appraisals in Richfield and are they done objectively. He reminded residents that if they want to be heard, they need to get involved. City Manager Orduno explained that City appraisals are done by an Independent Appraisal Company in accordance with State law. Deb Nordmarken, 6933 Sheridan Avenue, questioned the report she read from the Metropolitan Council regarding how many homes are going to be removed for the Best Buy Campus. She stated there is a discrepancy of 19 homes between what the Met Council and City are saying, and would like to see a list of the homes being bought out. Robert Hall, 7309 Oliver Avenue, questioned an article in the October Your City concerning a meeting to discuss the closing of the Penn Avenue bridge. He questioned how long the City had known about this meeting. He stated that giving a week’s notice to the residents isn’t enough time to collect one’s thoughts. Public Works Director Eastling replied that the date for the meeting was decided during the beginning of August when public meetings had been held. Robert Hall, 7309 Oliver Avenue, questioned if money would be saved by totally closing the Penn Avenue bridge and if Mike Eastling would be acting as a representative for the City and what his opinion of the bridge work is. Public Works Director Eastling responded that $500,000 would be saved. He explained that temporary access would be provided on Xerxes Avenue as well as a temporary exit. He stated that he would be representing Richfield, and at the present time, it appears that the least disruptive action would be the total closing of the bridge. Mr. Hall also stated that during the hearing regarding the zoning change for the Interchange West project, a map was shown that vacates Oliver Avenue. Public Works Director Eastling replied that Oliver Avenue will not be vacated; however there will be a median going from I-35W to Penn Avenue with breaks at Knox Avenue, Newton Avenue and Logan Avenue and these intersections will have left turn bays. Council Meeting Minutes-3-October 9, 2000 Mr. Hall stated that he is glad Oliver Avenue will not be closed, and he feels we are in for major traffic problems. Item #2 COUNCIL APPROVAL OF AGENDA M/Susag, S/Stokes to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A.Approved resolutions appointing additional election judges and high school student trainee election judges for General Election on November 7, 2000 S.R. No. 254 RESOLUTION NO. 8950 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 7, 2000 RESOLUTION NO. 8951 RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE ELECTION JUDGES FOR THE GENERAL ELECTION OF NOVEMBER 7, 2000 These resolutions appear as Resolution No.’s 8950 and 8951 in Resolution Book No. 71. B.Approved stipulation of settlement for 6409 and 6417 Cedar Avenue for 66th Street/Trunk Highway 77 Interchange Project S.R. No. 255 C.Approved contract with Dennis Daniels to provide house moving administrative services for homes on 18th Avenue mitigative area S.R. No. 256 D.Approved purchase of estimated 1,700 ton of winter deicing salt for 2000/2001 winter season from Cargill Incorporated at price of $26.33 per ton, plus sales tax S.R. No. 257 E.Approved itinerant place of amusement and itinerant food licenses with fee waiver for Church of St. Richard, 7540 Penn Avenue, annual Fall Festival on November 18 and 19, 2000 S.R. No. 258 M/Stokes, S/Sandahl to approve the consent calendar. Council Meeting Minutes-4-October 9, 2000 Motion carried 5-0. Item #4PUBLIC HEARING REGARDING RE-ISSUANCE OF CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST 5555, INC, D/B/A FOUR NICKELS FOOD AND DRINK, 6715 LAKE SHORE DRIVE S. R. NO. 259 Public Safety Director Scott reviewed Staff Report No. 259 regarding re-issuance of Club on Sale and Sunday Liquor Licenses for Fred Babcock VFW Post 555 Inc., d/b/a Four Nickels Food and Drink, 6715 Lake Shore Drive. Council Member Sandahl asked if they met the requirements of food to alcohol sales. Public Safety Director Scott responded that they do meet the requirements. They sold 10% in food sales and 90% in alcohol sales. Council Member Susag asked City Attorney Thomson the difference between a Club License and a regular Liquor License. City Attorney Thomson replied that a Club License means they can only sell to members or guests. Council Member Stokes has requested clarification on the percentages of food to alcohol sales. City Attorney Thomson will present this information to the Council. Jim Bergin, 7627 Oliver Avenue, responded that the VFW had stopped selling dinners while located in a temporary location. Food sales will go up once they are in their new location. M/Susag, S/Rosenberg to close the public hearing. Motion carried 5-0. M/Susag, S/Stokes to approve the re-issuance of Club On-Sale and Sunday Liquor Licenses for Fred Babcock VFW Post 5555, Inc., d/b/a Four Nickels Food and Drink, 6715 Lake Shore Drive. Motion carried 5-0. Council Meeting Minutes-5-October 9, 2000 Item #5PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT FOR DRIVE-UP TELLER WINDOW AT 6613 PENN AVENUE WITH STIPULATIONS S.R. NO. 260 Community Development Director Palmborg reviewed Staff Report No. 260 regarding a conditional use permit for a drive-up teller window at 6613 Penn Avenue with stipulations. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Rosenberg, S/Stokes to approve a conditional use permit for drive-up teller window at 6613 Penn Avenue with the following stipulations: 1.That a final landscaping plan be submitted to and approved by the Community Development Director. 2.That a stormwater management plan be submitted to and approved by the Public Works Director. 3.That a sediment and erosion control plan be submitted to and approved by the Public Works Director. 4.That the fence along the east side of the property be replaced and that the design of any new fence be submitted to and approved by the Community Development Director. 5.That plans for façade improvements be submitted to and approved by the Community Development Director. 6.That the adequacy of the parking lot lighting be reviewed, and if the existing lights remain, they be painted and repaired. Any adjustments to the lighting must minimize any impact on adjacent residential properties. 7.That final plans for reconstruction of the parking lot be submitted to and approved by the Public Works Director. 8.That the Hearing Examiner approve a variance for the reduced buffer yard. Motion carried 5-0. Item #6CONSIDERATION OF RESOLUTION SUPPORTING PREFERRED DESIGN FOR I-494/I-35W INTERCHANGE S.R. NO. 261 Public Works Director Eastling reviewed Staff Report No. 261 regarding a resolution supporting preferred design for I-494/I-35W interchange. He explained the process that has been taken to date and stated that the Planning Commission and Community Services Commission have also reviewed this plan. Council Meeting Minutes-6-October 9, 2000 Larry Wozniczka, 6744 Wentworth Avenue, suggested checking into other possibilities for the I-35W exit and also having the frontage road west of Penn Avenue a two-way street. 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. 8952 RESOLUTION SUPPORTING THE PREFERRED DESIGN OF THE I-494/I-35W INTERCHANGE Mayor Kirsch clarified that the recommendations that were made would be considered before a final design was made. Motion carried 5-0. This resolution appears as Resolution No. 8952 in Resolution Book No. 71. Item #7CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE ADOPTING CITY’S COMPREHENSIVE PLAN WITH AMENDMENT TO GUIDE PLAN AND CHANGING DESIGNATION OF PROPERTY IN INTERCHANGE WEST AREA FROM HIGH DENSITY SINGLE FAMILY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL TO REGIONAL COMMERCIAL/OFFICE S.R. NO. 262 Community Development Director Palmborg reviewed Staff Report No. 262 regarding first reading of a transitory ordinance adopting the City’s Comprehensive Plan with an amendment to the guide plan and changing the designation of property in Interchange West area from high density single family residential and neighborhood commercial to regional commercial/office. Council Member Susag explained that this is just to set a public hearing date and second reading which is following standard City procedures. M/Susag, S/Stokes that this constitutes the First Reading of this transitory ordinance and the Public Hearing and Second Reading of the transitory ordinance be scheduled for the November 13, 2000 City Council Meeting. Motion carried 5-0. Council Meeting Minutes-7-October 9, 2000 Item #8CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 6817 PENN AVENUE, FOUR DOGS S.R. NO. 263 Public Safety Director Scott reviewed Staff Report No. 263 regarding consideration of a new residential kennel license for 6817 Penn Avenue. Suzanne Carrano, 6817 Penn Avenue, stated that her dogs are always in her yard. Her dogs do bark, but so do the other dogs in the neighborhood. Council Member Sandahl asked about the dog that was at large. Joe Carrano, 6817 Penn Avenue, explained that the dog at large wasn’t their dog, but one that they had found. Council Member Rosenberg asked if they were willing to go to mediation. Suzanne Carrano, 6817 Penn Avenue, replied yes they would go to mediation and they have done so in the past. M/Rosenberg, S/Stokes to approve a new residential kennel license for 6817 Penn Avenue for four dogs. Motion carried 5-0. Item #9CONSIDERATION OF MAYOR’S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER FOR FIVE YEAR TERM EXPIRING IN OCTOBER 2005 S.R. NO. 264 M/Mayor Kirsch, S/Sandahl to appoint Kristal Stokes as Housing and Redevelopment Authority Commissioner for five-year term expiring October 2005. Motion carried 5-0. Item #10AIRPORT STATUS REPORT City Manager Orduno reported that Congressman Sabo has secured $10 million for the City of Richfield to use for mitigation for the impact of the North/South Runway. Residents in east Richfield should consider sending a letter of thanks to Congressman Sabo and let him know we hold him in high regard for his actions. Council Meeting Minutes-8-October 9, 2000 City Manager Orduno also wants credit given to Denny McGrann, a Federal lobbyist who is working with Congressman Sabo to get the appropriation money. She also stated that the City has not received the Technical Report from MAC airport noise experts. Council Member Stokes discussed the Metropolitan Aircraft Sound Abatement Council (MASAC) sound abatement document that is regulated by Part 150 guidelines. It contains the following: x Noise Abatement Departure Profiles (NADP) x Runway Use System x Departure Flight Tracks x Voluntary Operational Agreements with the Airlines x Provisions for Further Evaluation of Technology x Continuing and expanding the Part 150 sound insulation program x Bringing local land use plans into compliance with Metropolitan Council Noise Compatibility Guidelines x Zoning for compatible development x Applying zoning performance standards x Establishing a public information program x Revising building codes x Acquiring developed property in incompatible use areas x Investigating the application of a property purchase guarantee x Sound Buffers and Barriers A public hearing and open house will be held on Wednesday, November 8, 5:00 p.m. until 9:00 p.m. and also on Thursday, November 9, 5:00 p.m. until 9:00 p.m. at the Thunderbird Hotel and Conference Center in Bloomington. Item #10COUNCIL DISCUSSION ITEMS Council Member Sandahl reminded residents that the League of Women Voters would be holding a candidate’s forum on Wednesday, October 11 from 6:30 p.m. until 9:30 p.m. The forum for City Council candidates will be held from 6:30 p.m. until 7:45 p.m. and then the State Legislative candidate’s forum will be from 8:00 p.m. until 9:30 p.m. Council Member Susag discussed the following issues: x He requested City staff and/or the Mayor to send the City of Minneapolis a letter regarding the use of the Hiawatha Golf Course. The Richfield High School Coach had requested the use of the Golf Course for its Men’s and Women’s Golf Team. They were turned down. We have allowed Minneapolis to use our ball fields, and now when we don’t have a golf course they do not want to cooperate. Not only does this involve the Richfield High School teams but also the teams for Holy Angels. x The amendment to the National League of Cities Policies regarding low frequency noise had been rejected by the Steering Committee. A more simple Council Meeting Minutes-9-October 9, 2000 amendment was considered in September and has the National League of Cities urging FAA to consider low frequency noise mitigation. This was accepted by the Steering Committee and recommended for approval before the EENR Policy Committee at the National League of Cities in Boston. If approved it will go to the Board of Assembly for a vote on Saturday, December 9. x Blue Water Commission, which educates residents on fertilizers, waste from cleaning streets and installation of wet land ponds, will be holding a ground breaking for pollution reduction in ponds at Lake Nokomis on Friday, October 13. x A reminder that the Fire Department will conduct an Open House on Saturday, October 14 from 1:00 p.m. until 4:00 p.m. Mayor Kirsch reminded everyone that the October Your City has been delivered to residents. For any questions, call City staff and they will assist you. Item #11CLAIMS AND PAYROLL M/Stokes, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 98563 – 98597$171,453.21 H/C101296 – 101603$564,113.56 PAYROLL 20470 – 20482; 21676 - 21842$449,577.06 TOTAL$1,185,143.83 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:50 p.m. Date Approved: Martin J. Kirsch Mayor Deborah J. GuiherSamantha Orduno Deputy City ClerkCity Manager