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05-21-01 Special CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Meeting May 21, 2001 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 6:09 p.m. ROLL CALL Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Gertrude Ulrich; John Enger; and Sue Sandahl. Staff Present:Samantha Orduno, City Manager;Steven Devich, Acting City Clerk; Mike Eastling, Public Works Director; Bruce Palmborg, Community Development Director; and John Stark, Community Development Manager. M/Sandahl, S/Rosenberg to determine the following absences as excused from the May 14, 2001 Regular City Council Meeting: x Council Member Rosenberg due to illness. x Council Member Sandahl and Council Member Ulrich for previously announced commitments. x Mayor Kirsch and Council Member Enger because they were available to meet, but could not because of the lack of a quorum. Motion carried 5-0. Item # 1CONSIDERATION OF RESOLUTION REGARDING PETITION REQUESTING ENVIRONMENTAL ASSESSMENT WORKSHEET FOR 76TH STREET ROAD PROJECT S. R. NO. 107 Special Council Meeting Minutes- 2-May 21, 2001 City Manager Orduno distributed a copy of a MnDOT memorandum entitled Decision on the EAW Petition, a letter from Leonard, Street and Deinard, dated May 21, 2001, regarding the petition for the Environmental Assessment Worksheet (EAW) and a copy of page 2 for Resolution No. 9033 correcting “Attachment B” to read “Attachment A” under statement number 1 of the Now, Therefore . . . section. Community Development Director Palmborg reviewed Staff Report No. 107 for consideration of a resolution regarding a petition requesting an EAW for the 76th Street road project. Mr. Palmborg also indicated that he had received notification today, that MnDOT had issued a staff report indicting that no EAW was needed for the Penn Avenue bridge project. Mr. Palmborg detailed why staff thought that an additional EAW was not necessary for the project. He further added that an Environmental Impact Statement (EIS), a far more detailed analysis, had already been done for the Best Buy project and fully analyzed the 76th Street road project. Mr. Palmborg cited the findings contained in the EIS related to 76th Street. He reviewed the Environmental Quality Board (EQB)rules which describe projects for which an EAW is required. Public Works Director Eastling stated that the environmental review for the 76th Street project is more meaningful when done in conjunction with the environmental review of the Best Buy project. He stated that was the reason they were done together. Mr. Eastling distributed copies of an affidavit of Ted W. Schoenecker, a Transportation Engineer at URS/BRW, Inc. Mr. Eastling then read a statement regarding the concern raised by James A. Benshoof’s affidavit regarding 76th Street. He stated that any change to the 76th Street north bound entrance ramp to I-35W is not related to the 76th Street project, and the effects of the ramp meters at Penn Avenue and I-494 have been previously considered in the EIS. Mr. Eastling stated that Ted Schoenecker addressed these concerns in the EIS and in the affidavit dealing with the Indirect Source Permit memo distributed this evening. Council Member Ulrich stated that in her experience she has never seen a request for an EAW after a full EIS had been done for a project. City Manager Orduno stated that this was also her experience, in that an Final Environmental Impact Statement (FEIS) is so much more comprehensive than an EAW. M/Ulrich, S/Rosenberg that the following resolution be adopted as amended, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9033 RESOLUTION DENYING A PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET RELATING TO THE RECONSTRUCTION OF 76TH STREET FROM PENN AVENUE SOUTH TO I-35W Council Member Enger stated that according to EQB rules it is discretionary on the part of the City to do an EAW and asked how much the EAW would cost. Special Council Meeting Minutes- 3-May 21, 2001 Public Works Director Eastling answered $30,000 to $50,000 depending upon the specificEAW. Karen Cole, Attorney for the City, affirmed Mr. Eastling’s response, adding that it depended upon the scope of the EAW. Council Member Enger stated that because of the importance of this project and to put the minds of many people at ease, the EAW would be money well spent. He stated that with the addition of 7,500 more cars there would likely be more pollution and safety concerns. Mr. Enger added that government should do what it can to reduce the pollutants in the air, such as requiring bus ridership. Council Member Sandahl stated that she thought that this issue was already looked at in the FEIS and approved by the Richfield City Council. Ms. Sandahl stated that the issue has already been evaluated and found not to have any significant impacts. Mayor Kirsch stated that he does not agree that there will be 7,500 more cars. He stated that while there may be up to 7,500 employees that assumes they all would drive their own vehicle. City Manager Orduno stated that there are currently homes and businesses on the 42 acres that now generate hundreds of daily trips. Council Member Enger responded that he would concede there are 1,000 trips, but that still left 6,500. He also stated that if there aren’t 7,500 cars, then the City Council should not approve parking for 7,500 cars. Council Member Sandahl stated that this issue isn’t about Best Buy, but rather it is dealing with a request for an EAW on 76th Street. Council Member Enger responded that he thought that many of the roadway improvements being proposed are being constructed for Best Buy. Council Member Rosenberg asked the Mayor to call the question. Mayor Kirsch asked Acting City Clerk Devich to take roll call on the vote to Council Member Ulrich motion. Motion carried 4-1. (Enger opposed.) This resolution appears as Resolution No. 9033 in Resolution Book No. 72. Item # 2CONSIDERATION OF REQUEST FOR OUTSIDE SERVICE OF ALCOHOL TO COVER PATIO SERVICE AREA FOR WILTSHIRE RESTAURANT, LLC D/B/A HOULIHAN’S RESTAURANT & BAR, 6601 LYNDALE AVENUE S. R. NO. 108 Special Council Meeting Minutes- 4-May 21, 2001 Public Safety Director Scott reviewed Staff Report No. 108 regarding consideration of a request for outside service of alcohol to cover patio service area for Wiltshire Restaurant, LLC d/b/a Houlihan’s Restaurant & Bar at 6601 Lyndale Avenue. Mayor Kirsch asked how this fits with other establishments. Public Safety Director Scott stated that Don Pablos has such permission. Mayor Kirsch stated that he has seen tables outside of Champps. Public Safety Director Scott stated that he would monitor that potential situation. M/Sandahl, S/Ulrich to approve the outside service of alcohol, to cover the patio service area, for Wiltshire Restaurants, LLC d/b/a Houlihan’s Restaurant & Bar, 6601 Lyndale Avenue. Motion carried 5-0. Council Member Sandahl and Council Member Ulrich both complemented Houlihan’s on their restaurant. Council Member Enger stated a concern with the 42” railing that would separate the outdoor service area and that people could slip through it. Public Safety Director Scott indicted that the railing wasn’t meant to be a solid barrier, but to separate this area. It is still the responsibility of the restaurant to card anyone in their respective establishment. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:42 p.m. Date Approved: _________________ Martin J. Kirsch Mayor Steven DevichSamantha Orduno Acting City ClerkCity Manager