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10-23-00 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 23, 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; and Sue Sandahl. Members Not Present:Kristal Stokes. M/Susag, S/Sandahl to determine the absence of Council Member Stokes as an excused absence for the October 23, 2000 Regular City Council Meeting. Motion carried 4-0. Staff Present:Samantha Orduno, City Manager; Steven L. Devich, Administrative Services Director; Deborah Guiher, Deputy City Clerk; Dan Scott, Public Safety Director; Bruce Palmborg, Community Development Director; and Corrine Thomson, City Attorney. Council Meeting Minutes-2-October 23, 2000 APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the (1) Special City Council Meeting of October 3, 2000; (2) Special City Council Meeting of October 4, 2000; (3) Special City Council Study Session of October 9, 2000; and (4) Regular City Council Meeting of October 9, 2000. Motion carried 4-0. Item #1PRESENTATION OF CERTIFICATES TO WINNERS OF THIRD GRADE FIRE SAFETY POSTER CONTEST HELD IN CONJUNCTION WITH NATIONAL FIRE PREVENTION WEEK AND RICHFIELD FIRE DEPARTMENT’S ANNUAL OPEN HOUSE Acting Assistant Chief/Fire Marshal Brad Sveum presented certificates to Brianna Blunt, Rebecca Dean, Katelin Freeman, Daniel Grabow, Shawn McFadden, Jordan Miller, Mallery Moen and Joshua Zoellmer. Item #2RECOGNITION OF RICHFIELD FIRE DEPARTMENT 1999 LIFE SAFETY ACHIEVEMENT AWARD PRESENTED BY RESIDENTIAL FIRE SAFETY INSTITUTE AND MINNESOTA STATE FIRE MARSHAL Mayor Kirsch presented Acting Assistant Chief/Fire Marshal Brad Sveum with the 1999 Life Safety Achievement Award. Item #3OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Deb Nordmarken, 6933 Sheridan Avenue, distributed copies of a letter from the Minnesota Department of Transportation (MnDOT) to Council Members regarding the size of the Best Buy project for the amount of space available. City Manager Orduno stated that another letter would be coming from MnDOT negating the letter just distributed. She stated that MnDOT judged the project based on 9,500 employees and a larger square footage. The pending letter will be based on the correct information. Council Meeting Minutes-3-October 23, 2000 Connie McDonald, 6400 15th Avenue, asked that respect be shown for the candidates’ political signs and also the yards in which they are placed. When the signs disappear it is at a cost of $10-25 per sign. Council Member Rosenberg asked Community Development Director Bruce Palmborg to respond to questions regarding property taxes for Best Buy. Community Development Director Bruce Palmborg stated that Best Buy will pay taxes. It is estimated that the property will be assessed at $7 million per year compared to the current $700,000. Council Member Rosenberg stated that taxpayers will not be penalized by Best Buy. Hennepin County, the Public School District and the City of Richfield will get the same amount of tax money. Council Member Susag welcomed Cub Scout Troop 344 from House of Prayer. They came to see the presentation to the winners of the Fire Safety Poster Contest and also for Citizenship Night. Item #4 COUNCIL APPROVAL OF AGENDA M/Susag, S/Rosenberg to approve the agenda. Motion carried 4-0. Item #5 CONSENT CALENDAR A.Approved designation of Council Member Russ Susag as City of Richfield official voting delegate and City Manager Samantha Orduno as alternate voting delegate for the National League of Cities annual Congress of Cities business meeting on December 9, 2000 S.R. No. 265 B.Approved extension of Contract No. A01384 with Hennepin County to allow continued access to property information system beginning January 1, 2001 and ending December 31, 2001 S.R. No. 266 C.Approved just compensation for immovable fixtures at 6501 Cedar Avenue in amount of $18,520 S.R. No. 267 D.Approved request from State of Minnesota to review renewal of currency exchange license for Checks Cashed of America, LLC, d/b/a Money Xchange, 7620 Lyndale Avenue S.R. No. 268 Council Meeting Minutes-4-October 23, 2000 E.Approved request from State of Minnesota to review renewal of currency exchange license for Community Money Centers, Inc., d/b/a Monday Centers, 6525 Nicollet Avenue S.R. No. 269 M/Sandahl, S/Rosenberg to approve the consent calendar. Motion carried 4-0. Item #6PUBLIC HEARING REGARDING ISSUANCE OF NEW ON-SALE INTOXICATING LIQUOR AND SUNDAY LIQUOR LICENSES FOR WILTSHIRE RESTAURANTS, LLC D/B/A HOULIHAN’S RESTAURANT & BAR, 6601 LYNDALE AVENUE S. R. NO. 270 Public Safety Director Scott reviewed Staff Report No. 270 regarding issuance of new on sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, 6601 Lyndale Avenue. Mayor Kirsch asked if carding customers had been discussed with the applicant. Public Safety Director Scott stated that someone from staff has discussed this issue with them and a copy of the resolution explaining the policy has also been given to them. Council Member Sandahl asked for clarification on the City policy for sales of food compared to liquor. Public Safety Director Scott responded that City policy requires at least 51% food sales and no more than 49% alcohol. Council Member Rosenberg asked when the restaurant would open. Steve Kneeland, 3004 Fairway Drive, Chaska, stated that the restaurant would open in early February 2001. He went on to describe the restaurant as “upscale casual” with prices in the $13-14 range, serving lunch and dinner 7 days per week. M/Susag, S/Sandahl to close the public hearing. Motion carried 4-0. M/Susag, S/Sandahl to approve the issuance of new on-sale intoxicating liquor and Sunday liquor licenses for Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, 6601 Lyndale Avenue. Motion carried 4-0. Council Meeting Minutes-5-October 23, 2000 Item #7CONSIDERATION OF RESOLUTION APPROVING 2000 THROUGH 2002 LABOR AGREEMENT WITH RICHFIELD INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 S.R. NO. 271 Administrative Services Director Devich reviewed Staff Report No. 271 regarding consideration of a resolution approving 2000 through 2002 Labor Agreement with Richfield International Union of Operating Engineers Local 49. Council Member Susag asked if the Education/Training Incentive was new. If so, he was pleased with the addition. Administrative Services Director Devich stated that the incentive was new. He also clarified that a CDL license is a commercial driver’s license. 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. 8953 RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND RICHFIELD INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 Motion carried 4-0. This resolution appears as Resolution No. 8953 in Resolution Book No. 71. City Manager Orduno stated that Administrative Services Director Devich requested the record show that there is a 3% wage increase each year of this three-year contract. Item #8CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT REZONING PROPERTY LOCATED BETWEEN 76TH STREET AND I-494 AND PENN AND KNOX AVENUES TO PLANNED GENERAL COMMERCIAL; BEST BUY CAMPUS PROJECT S.R. NO. 272 Community Development Director Palmborg reviewed Staff Report No. 272 regarding consideration of first reading of ordinance amendment rezoning property located between 76th Street and I-494 and Penn and Knox Avenues to planned general commercial; Best Buy Campus Project. Council Member Rosenberg stated that according to Laurie Blake’s column in the October 19 Minneapolis Star Tribune, traffic is flowing easier in the Penn Avenue/I-494 intersection because the meters have been shut off. Council Meeting Minutes-6-October 23, 2000 Council Member Susag said that there is a five to six week study on meters being shut off. He suggested the Council send a letter to those doing the review to let them know how the City feels about the meters being turned off and how this is affecting traffic in our community. Mr. Susag stated that depending on the results of the study, the City should at least request a reduction in the cycle of the green and red lights. M/Susag, S/Sandahl that this constitutes the first reading of this ordinance and the Public Hearing and Second Reading of the ordinance be scheduled for the November 27, 2000 City Council Meeting. Motion carried 4-0. Item #9CONSIDERATION OF NEW RESIDENTIAL KENNEL LICENSE FOR 6837 THOMAS AVENUE; THREE DOGS S.R. NO. 273 Public Safety Director Scott reviewed Staff Report No. 273 regarding consideration of a new residential kennel license for 6837 Thomas Avenue. Brenda Carlson, 6837 Thomas Avenue, stated that she owns three dogs. Two of the dogs are 11 years old and one dog is three years old. Her three-year-old dog will bark when it sees people. She stated that her dogs are not left outside all day long. When she is able, she will put up a fence. Until then, she is willing to plant grapevines to provide a visual barrier. Council Member Rosenberg stated there is a need for a visual barrier at the back of the property so the dog cannot see any activity. M/Rosenberg, S/Sandahl to approve the request for a new residential kennel license for Brenda Carlson, 6837 Thomas Avenue. Motion carried 4-0. Item #10CONSIDERATION OF COMMERCIAL KENNEL LICENSE RENEWAL FOR GROOMING ONLY AND CONSIDERATION OF AMENDMENT TO LICENSE THAT WOULD ALLOW BOARDING OF CATS FROM HENNEPIN COUNTY ANIMAL HUMANE SOCIETY AT PETSMART, 1100 WEST 78TH STREET S.R. NO. 274 Public Safety Director Scott reviewed Staff Report No. 274 regarding consideration of a commercial kennel license renewal for grooming only and consideration of amendment to license that would allow boarding of cats from Hennepin County Animal Humane Society at PetsMart, 1100 West 78th Street. Council Meeting Minutes-7-October 23, 2000 LeeKanov, 7741 Heritage Road, Eden Prairie, a PetsMart representative, stated that an average of two to four cats (with facilities for up to six cats) would be boarded at one time. No dogs would be boarded. M/Rosenberg, S/Sandahl to approve the renewal of a commercial kennel license, for the purpose of grooming only; and, approve an amendment to the license that would allow the boarding of cats from the Animal Human Society, for PetsMart, 1100 West 78th Street with the following stipulations: x The proposed Luv-a-Pet area would be a separate glassed room of the store. It would contain one bank of six dog kennels and one bank of six cat kennels. x The kennels in the Luv-a-Pet area would be locked when animals are inside and no store personnel or Humane Society personnel are in the immediate area. x Only cats would be kept over night. x The average number of cats to be kept overnight would be four. x The Luv-a-Pet area would be used for the sole purpose of adopting out animals. There would be no boarding of customers’ pets. x All cats left in the Luv-a-Pet area would be screened by the Humane Society. Additionally, any cat thought to be sick will be checked by a veterinarian and/or sent back to the Humane Society for treatment. x The Luv-a-Pet area is a donated space to the Humane Society. PetsMart collects no fee from the Humane Society. x Trained PetsMart associates and Humane Society volunteers would be responsible for maintaining the Luv-a-Pet area daily. Motion carried 4-0. Item #11AIRPORT STATUS REPORT City Manager Orduno reported that a response to the FAA Noise Abatement Policy was faxed to the FAA today. She also stated that legislative policies are currently being put together and will be brought to the City Council the first week in January. The AMM Policy Committee meeting is November 9, 2000; the League Policy Committee will meet after the AMM Meeting. City Manager Orduno stated that the City is finishing up with the 24 homes that were acquired with the $5 million and finalizing the report to the tax chairs of both the Senate and the House. The 24 homes acquired are at the beginning of 18th Avenue at Council Meeting Minutes-8-October 23, 2000 66th Street, and up and down the west side of 18th Avenue from north to south (66th Street to 62nd Street). With additional funding from State, Federal and MAC funding sources, the goal is to remove all houses within the 87db range. Item #12HOUSING AND REDEVELOPMENT AUTHORITY REPORT City Manager Orduno noted the following items were approved by the HRA at their meeting of October 16, 2000: x Annual Public Housing Authority Plan for the Section 8 Housing Assistance Program. x Modifications to the Richfield Redevelopment Project Area and the Gramercy, Urban Village, Richfield Rediscovered, A-5 and B-5 TIF Districts. x Eminent domain proceedings within Interchange West Area. x Quick take procedure in pending condemnation actions within Interchange West Area. Item #10COUNCIL DISCUSSION ITEMS Council Member Sandahl asked if there would be trees on Portland Avenue to shade the street north of 66th Street. City Manager Orduno responded that Public Works Director Eastling would check into it. She also stated that the shrubs in front of City Hall were being removed because they were overgrown and dying and they will be replaced. Item #11CLAIMS AND PAYROLL M/Susag, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. INT Checks: 98598 – 101633$422,100.38 H/C102202 - 102556$1,455,356.74 PAYROLL20484 – 20500; 21844 - 22012$444,320.05 TOTAL$2,321,777.17 Motion carried 4-0. Council Meeting Minutes-9-October 23, 2000 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:05 p.m. Date Approved: Martin J. Kirsch Mayor Deborah J. GuiherSamantha Orduno Deputy City ClerkCity Manager