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06-28-05 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 28, 2005 The meeting was called to order by Mayor Kirsch at 6:30 p.m. Staff Present: Martin Kirsch, Mayor; Sue Sandahl; Susan Rosenberg; Fred Wroge; and Bill Kilian. Steve Devich, City Manager; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Dan Scott, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Acting Fire Services Director; Nancy Gibbs, City Clerk; and Corrine Thomson, City Attorney. Members Present: No one was registered to speak. Mayor Kirsch led the audience in the Pledge of Allegiance. M/Rosenberg, SlWroge to approve the minutes of (1) Special City Council Meetino of June 9,2005: (2) Reoular City Council Meetino of June 14. 2005: and (3) Special City Council Meetino of June 20. 2005. Motion carried 5-0. Council Meeting Minutes Item #1 -2- June 28, 2005 Acting Fire Services Director Sveum introduced Dr. Brian Mahoney with the Hennepin County Medical Center. Dr. Mahoney gave a presentation explaining the Cardiac Arrest Management Study regarding the Res Q pump and Res Q pod. Minneapolis and Richfield are one of five metropolitan areas in the United States asked to participate in this study by the National Institute of Health. Dr. Mahoney said they are expecting approval of the devices in the next few weeks from the F.D.A. Item #2 Item #3 Public Safety Director Scott introduced Mr. Carter from Richfield Bloomington Honda. Mr. Carter presented the Police Division with a $2,000 check for the K-9 Program. Council Member Rosenberg presented a proclamation to Connie McDonald and Joan Lavanant designating July 1, 2005 as Women of Today Founders Day in Richfield. Item #4 The Richfield Foundation presented Recreation Services Director Topitzhofer with a check for $10,269.47 for the Richfield Playground Program. Item #5 Mayor Kirsch thanked Susan Rosenberg for her great job on the Richfield Beautiful Home and Garden Tour. Council Member Rosenberg thanked Mary Olafson and Julie Pytlak, her helpers, and City staff Doris Swanson and Pam Dmytrenko. Council Meeting Minutes -3- June 28, 2005 Council Member Rosenberg told about the mural at Broadway Pizza that the Arts Commission has been involved in. Council Member Sandahl received a petition regarding the bicycle path on Lake Shore Drive. She explained a pedestrian light would be installed, a median and added police monitoring. Mayor Kirsch recognized the 4th of July celebration and encouraged people to purchase 4th of July pins. The money from the sale of the pins helps make a successful celebration. Item #6 Mayor Kirsch removed Item 71 from the consent calendar and placed it on the regular agenda for consideration as Item 8. M/Kilian, S/Sandahl to approve the aQenda as amended. Motion carried 5-0. Item #7 A. Approved resolution declaring costs to be assessed and ordering preparation of assessment roll for 2004 removal of diseased trees from private property and setting public hearing for August 9, 2005 S.R. No. 113 RESOLUTION NO. 9629 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 This resolution appears as Resolution No. 9629 in Resolution Book No. 75. B. Approved resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2004 Lyndale/HUB/Nicollet maintenance, and proposing similar assessment process for 2006 and setting public hearing for August 9,2005 S.R. No. 114 RESOLUTION NO. 9630 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE L YNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 2006 THROUGH DECEMBER 31, 2006. RESOLUTION NO. 9631 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR L YNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 These resolutions appear as Resolution No.'s 9630 and 9631 in Resolution Book No. 75. Council Meeting Minutes -4- June 28, 2005 C. Approved resolutions declaring costs to be assessed and ordering preparation of assessment roll for 2004 77th Street maintenance district, and proposing similar assessment process for 2006 and setting public hearing for August 9, 2005 S.R. No. 115 RESOLUTION NO. 9632 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 2006 THROUGH DECEMBER 31, 2006 RESOLUTION NO. 9633 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 These resolutions appear as Resolution No.'s 9632 and 9633 in Resolution Book No. 75. D. Approved resolution authorizing application to Minnesota Department of Finance for funding of Richfield Recreation Asset Replacement Project (Lincoln Fields Park) through 2006 Capital Budget Bonding Bill S.R. No. 116 RESOLUTION NO. 9634 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF FINANCE FOR FUNDING THE RICHFIELD RECREATION ASSET REPLACEMENT PROJECT - PHASE TWO THROUGH THE 2006 CAPITAL BUDGET BONDING BILL This resolution appears as Resolution No. 9634 in Resolution Book No. 75. E. Approved resolution authorizing acceptance of $2,000 donation from Richfield/Bloomington Honda dealership for Richfield Police Division K-9 Program S.R. No. 117 RESOLUTION NO. 9635 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT A DONATION OF $2,000 FROM RICHFIELD/BLOOMINGTON HONDA This resolution appears as Resolution No. 9635 in Resolution Book No. 75. F. Approved resolution authorizing acceptance of $50 donation from American Legion Auxiliary Post #435 for purchase of police safety vests S.R. No. 118 RESOLUTION NO. 9636 RESOLUTION AUTHORIZING THE PUBLIC SAFETY DEPARTMENT, POLICE DIVISION, TO ACCEPT A CHECK FOR $50 FROM THE MINNEAPOLIS-RICHFIELD AMERICAN LEGION AUXILIARY #435 TO BE USED FOR TOWARDS PURCHASING POLICE SAFETY VESTS This resolution appears as Resolution No. 9636 in Resolution Book No. 75. G. Approved resolution authorizing acceptance of $100 donation from Richfield/Bloomington Eagles #3208 gambling fund for Richfield Fire Services Department S.R. No. 119 RESOLUTION NO. 9637 RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION BY THE RICHFIELD/BLOOMINGTON EAGLES CLUB #3208, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS Council Meeting Minutes -5- June 28,2005 This resolution appears as Resolution No. 9637 in Resolution Book No. 75. ..c...:.....,.....' ..c....:. . H. Approved resolution authorizIrig'a6ceptance of monetary and provision donations from various contributors for Richfield Police and Fire Safety Day S.R. No. 120 RESOLUTION NO. 9638 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO ACCEPT DONATIONS OF MONETARY AND OTHER GIFTS FROM COMMUNITY BUSINESSES AND ORGANIZATIONS IN SUPPORT OF SAFETY DAY This resolution appears as Resolution No. 9638 in Resolution Book No. 75. I. Removed from the consent calendar and placed on the regular agenda for consideration as Item 8. J. Approved community celebration event license and temporary on-sale 3.2 percent malt liquor licenses, with fees waived, for Fourth of July Committee for annual events scheduled on June 30 through July 4,2005 S.R No. 122 K. Approved two-year lease between City of Richfield and Tom Price for rental of 4,690 square foot strip of land along edge of Lincoln Field S.R. No. 123 L. Approved new therapeutic massage enterprise license for Complete Chiropractic and Wellness, 6640 Lyndale Avenue S.R. No. 124 M/Rosenberg, S/Wroge to approve the Consent Calendar as amended. Motion carried 5-0. Item #8 71. Consideration of approval of resolution supporting renewal of State-issued gambling premises permit and waiving $100 investigation fee for Church of the Assumption, 305 East 78th Street S.R. No. 121 M/Sandahl, S/Kilian that the followina resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes and the $100 investiaation fee not be waived: RESOLUTION NO. 9639 A RESOLUTION GRANTING APPROVAL FOR THE CHURCH OF THE ASSUMPTION TO CONDUCT LAWFUL GAMBLING 75. Motion carried 5-0. This resolution appears as Resolution No. 9639 in Resolution Book No. Item #9 Council Meeting Minutes -6- June 28, 2005 Council Member Rosenberg presented Staff Report No. 125 regarding a first reading of an ordinance amendment to City Administrative Code Chapter III, Subsection 310.33 describing vacation leave and scheduling a second reading for July 12, 2005. M/Rosenberg, S/Sandahl to approve first readinq of the proposed ordinance amendment to the City Administrative Code Chapter III. Subsection 310.33 describinq vacation leave and schedule the second readinq for July 12. 2005. Motion carried 5-0. Item #10 Council Member Sandahl presented Staff Report No. 126 regarding a disciplinary hearing and consideration of a resolution regarding civil enforcement for an establishment in Richfield that recently underwent tobacco compliance check conducted by Richfield Public Safety staff failed by selling tobacco to underage youth. Michael Mohinani, manager of 6545 Portland Avenue Amoco, introduced himself and was present for questions. M/Sandahl, SlWroge that the followinq resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes that the license be suspended for sixty days with a $1.000 fine: RESOLUTION NO. 9640 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR UP TO 60 DAYS, WITH THE OPTION TO REVOKE THE LICENSE FOR ONE YEAR FOR PORTLAND AMOCO, 6545 PORTLAND AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FOURTH TIME TOBACCO COMPLIANCE FAILURE Public Safety Director Scott suggested a friendly amendment to the motion that Mr. Mohinani meet with the Public Safety Director. M/Sandahl, SlWroge that the fOllowinq resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes that the license be suspended for sixty days with a $1.000 fine and that Mr. Mohinani meet with Public Safety Director Scott: RESOLUTION NO. 9640 RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR UP TO 60 DAYS, WITH THE OPTION TO REVOKE THE LICENSE FOR ONE YEAR FOR PORTLAND AMOCO, 6545 PORTLAND AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR FOURTH TIME TOBACCO COMPLIANCE FAILURE Motion carried 5-0. This resolution appears as Resolution No. 9640 in Resolution Book No. 75. Council Meeting Minutes -7- June 28, 2005 Item #11 Council Member Kilian presented Staff Report No. 127 regarding a resolution approving Special State Legislation creating a Tax Increment Financing District for Cedar Avenue Corridor. M/Kilian, S/Rosenberg that the followinQ resolution be adopted. that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9641 RESOLUTION APPROVING 2005 MINNESOTA LAWS, CH. 152, ARTICLE 2, SECTION 25, RELATING TO AUTHORITY TO CREATE A TAX INCREMENT FINANCING DISTRICT IN THE CITY OF RICHFIELD 75. Motion carried 5-0. This resolution appears as Resolution No. 9641 in Resolution Book No. Item #12 Council Member Wroge presented Staff Report No. 128 regarding consideration of appointments to City advisory commissions. MlWroge, S/Rosenberg to appoint the followinQ persons to fill the expirinQ or vacant terms on the City advisory commissions. FRIENDSHIP CITY COMMISSION Barbara Johnson Term Expires January 31,2006 HUMAN RIGHTS COMMISSION Rafael Morataya Term Expires January 31,2007 TRANSPORTATION COMMISSION Sara Nutter Michael Titzer Term Expires January 31, 2008 Term Expires January 31,2008 Motion carried 5-0. Item #13 City Manager Devich reported on the following: . Airport statistics from May 2002 to May 2005. . Legislative issues regarding City budget. Council Meeting Minutes -8- June 28, 2005 Item #14 M/Rosenberg, S/Sandahl that the followino claims and pavrolls be approved: M&IBANK NP Checks: 141160 - 141513 PAYROLL 21170-21568,39701 - 39716 TOTAL $ 1,035,103.66 $ 477,263.62 $ 1,512,367.28 Motion carried 5-0. Item #15 The City Council meeting was adjourned by unanimous consent at 8:02 p.m. \' Date Approved: July 12, 2005 "--1\jlU~ liJv Nancy Gibbs City Clerk