04-10-95 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, APRIL 10, 1995
SPECIAL CITY COUNCIL MEETING
6:30 P.M.
COUNCIL CHAMBERS
AGENDA
CALL TO ORDER
1. MEETING WITH RICHFIELD PLANNING COMMISSION
COUNCIL LETTER NO. 101
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
7:00 P.M.
CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF
MARCH 27, 1995 AND (2) CITY COUNCIL STUDY SESSION OF APRIL 3, -1995
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF 1994 COMMUNITY SERVICE AWARD FROM UNITED.
STATES TENNIS ASSOCIATION,- NORTH WESTERN SECTION TO
MARYKAYE CHAMPA, RECREATION SUPERVISOR
COUNCIL LETTER NO. 102
3. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 1995 CHILD
ABUSE PREVENTION MONTH IN CITY OF RICHFIELD AS SUPPORTED BY
MINNESOTA COMMITTEE FOR PREVENTION OF CHILD ABUSE
AGENDA APPROVAL
4. COUNCIL APPROVAL. OF AGENDA
CONSENT CALENDAR
5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE
CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER
MAY REQUEST THAT AN ITEM BE REMOVED FROM .THE CONSENT
CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL
DISCUSSLON AND ACTION. ALL ITEMS LISTED ON THE CONSENT
CALENDAR ARE RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR UTILITY VEHICLES FOR USE BY PARK MAINTENANCE DIVISION
FROM MTI DISTRIBUTING COMPANY IN AMOUNT OF $8,851.22 C.L. 103
PUBLIC HEARINGS
6. PUBLIC HEARING REGARDING PROPOSED TRANSFER OF OWNERSHIP OF
PARAGON CABLE TO TIME WARNER, INC.
COUNCIL LETTER NO. 104
7. PUBLIC HEARING REGARDING REQUEST FOR AMENDED FINAL
DEVELOPMENT PLAN/CONDITIONAL USE PERMIT TO ALLOW
MODIFICATION OF GRAND AVENUE ENTRANCE TO PARKING LOT OF
WOODLAKE CLINIC, 407 WEST 66TH STREET
COUNCIL LETTER NO. 105
RESOLUTION
PROPOSED ORDINANCE
8. CONSIDERATION OF FIRST READING OF AMENDMENT TO CITY
ORDINANCE SUBSECTION 315.01, SUBDIVISIONS 2 AND 7 REGARDING
DISPOSITION OF UNCLAIMED PROPERTY IN POSSESSION OF CITY
COUNCIL LETTER NO. 106
ADMINISTRATIVE REPORTS & OTHER BUSINESS
AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
10. 77TH STREET PROJECT STATUS REPORT
CORRESPONDENCE
11. LEGISLATIVE REPORT
' COUNCIL CHOICE
12. :COUNCIL DISCUSSION ITEMS
13. CLAIMS AND PAYROLLS
14. ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request.
Requests must be made at least 96 hours in advance to the Administrative
Services Director at 861-9702.
8
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 106
Agenda April 10, 1995
Issue Statement:
Council consideration of an amendment to City Ordinance Subsection 315.01,
subdivisions 2 and 7 regarding the disposition of unclaimed property in the possession
of the City.
Background:
Subdivisions 2 and 7 of Section 315 require that unclaimed property in the possession
of the City be held for a period of six months before it can be disposed of. There is no
basis in State Statutes for this lengthy time period. State. Statute requires that property
be held for 60 days.
Experience shows that if recovered property is claimed by the owner, that claim is
usually made within a week or two of recovery. The majority of recovered property is
never claimed and therefore, must be stored.
Property must be held in secured areas. Under the current situation, there is simply not
enough storage space to hold property for-six months. All City owned secured storage
areas are currently filled. The Public Safety Department is currently leasing storage.
space from a commercial storage business at a cost of $83 per month. That space is
also filled to capacity.
Recommended Motion:
Approval of the attached ordinance amendments establishing a 60 day holding period
for unclaimed property in the possession of the City and schedule the public hearing
and second reading for May 8, 1995;
Basis of Recommendation:
1. The change to a 60 day holding period would make the City ordinance consistent
.with State Statute.
2. The City does not have adequate secure storage space to hold property for six
months.
3. When claims for property are made, they are generally within several weeks of
recovery.
Alternative Recommendation:
The City Council could decide to not adopt the 60 day retention period and keep the
ordinance the same as it is. However, this would necessitate-the continued leasing of
storage space, and costs involved with same.
ki
Discussion/Decision Mode:
This constitutes the first reading of an ordinance amending section 315.01 subdivisions
2 and 7 relating to the disposition of unclaimed property and setting May 8, 1995 as the
public hearing and second reading.
Respectfully submitted,
James :Prosser
City Manager
JDP:ds
BILL NO. D `~
AMENDMENT TO SECTION 315
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Subsection 315.01 of the ordinance code of the City of Richfield entitled
"Disposition of unclaimed property in the possession of the city" is hereby amended:
Subd. 2. Method of disposition. If property has come into the possession of the
city and has remained unclaimed by the owner thereof for a period of ~~~ ^^^^+"c sib
door more, the city may dispose of such property by sale at auction or other sale. If
the property is a legal firearm, sale may only be to a licensed firearms dealer or
destroyed in accordance with state law. In all other cases the sale may be to the
public. The auction or sale shall be conducted under the direction of the city manager,
following published notice in the official newspaper at least ten days in advance of such
sale. Unclaimed properties shall be sold to the highest qualified bidder.
Subd. 7. Lost property. The provisions of subdivisions 1 through 6 of this
subsection do not apply to any item which is surrendered to the city as lost property.
Any such item shall be retained by the city for a period of °~s- sixtysixty davs and
shall be returned to its owner upon proper request at any time during that period. der
,' ,
If at the time of surrender, the
finder makes a proper request to claim the prooertv it shall be returned to the finder
upon the expiration of the retention period. The city council may require as a
precondition a person pay all cost reasonably incurred by the city in.connection with its
efforts to identify and locate the owner. After sn~om"~~ sixty davs any item which has
not been returned to its owner or claimed by the finder shall become the property of the
city and may be disposed of as provided in subdivisions 2 or 3 of this subsection. No
owner or finder shall have a claim against the city for disposition of lost property if a
good faith effort has been made to comply with this subdivision. The provisions of this
subdivision shall not apply to stolen property, keys, firearms, dangerous weapons,
illegal items, liquor or narcotics.
Passed by the City Council of the City of Richfield, Minnesota this day of
1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. io5
Agenda April 10, 1995
Issue Statement:
Request for an amended final development plan/conditional use permit to allow the
modification of the Grand Avenue entrance to the parking lot of the Woodlake Clinic,
407 West 66th Street.
Background:.
The Richfield State Agency was granted an amended final development
plan/conditional use permit on October 25, 1993 to construct a medical office building at
407 West 66th Street. Woodlake Clinic was constructed. and the parking lot
reconfigured. Thedevelopment plan called for a raised concrete median to divide the
entry/exit access on Grand Avenue. This access was constructed- without a raised
concrete median and Richfield State Agency is requesting a modification to allow
pavement striping in place of a median.
Recommended Motion:.
Approve the request for an amended final development plan/conditional use permit to
allow the modification of the Grand Avenue entrance.
Basis of Recommendation: -
1. An amended final development plan/conditional use permit was approved on
October 25, 1993 to construct Woodlake Clinic and the ancillary parking.
2. Mediation sessions were held on September 29, 1993 and October 14, 1993. The
development plan discussed and later submitted to the City included a raised.
concrete median on the Grand Avenue entrance.
3. The parking lot was constructed with the entrance/exit angled toward 66th Street. A
"no left turn" sign was placed on north bound Grand Avenue at the entrance to the lot
and a "no right turn" sign was placed at the exit to Grand Avenue. No concrete
median was installed.
4. The Planning Commission unanimously recommended approval and also referred.
the matter to the City Traffic Control Committee.
5. The Traffic Control Committee found the placement of the "no left turn" sign for north
bound Grand Avenue traffic and the "no right turn" sign for exiting traffic to be
properly placed. The Committee did not recommend the concrete median because
none of the alternatives prevent both of the illegal turning movements and the
existing design "works reasonably well".
s
6. There were statements made by neighbors on the east side of Grand Avenue that
there were many illegal turns made into and from the parking lot.
Alternative Recommendation:
Deny the request on the basis that the raised median was part of the approved plan
and will have a positive impact on traffic control.
Discussion/Decision Mode:
A public hearing is scheduled for 7:00 p.m. on Monday, April 10, 1995 in the City
Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was
published in the Sun-Current and mailed to property owners within 350 feet of the
subject property.
Respectfully submitted,
,.
Ja a D. Prosser
Cit anager
JDP:cak
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4
CITY OF RICHFIELD
TRAFFIC CONTROL COMMITTEE
Tuesday, March 14, 1995
1:00 P. M.
Conference Room #1
MINUTES
In attendance: Gary Kalstabakken, Bill Butz, and .Tom Foley:
1. Request to Not Install Raised Median in Driveway~or Richfipld Medical Office
Building onto 6600 Block of rand Av n~.P
The owners of Richfield Medical Office Building have asked the City for permission not to
install a raised median in the entrance to their property off of Grand Avenue. The raised
median was proposed as part of the City approved development plan for the project.
Residents on Grand Avenue wanted the driveway situated in such a way to prevent motorists
from turning south onto Grand and coming from the south on Grand and turning left into the
commercial property.
City staff checked the location of two signs that prevent the left turn and. right turn
movements and found them to be correctly placed.
Byron Wallace noted that he observed the site for three hours involving over a hundred
vehicles and saw only one violator of the turning restrictions signs.
Alternatives considered were:
• one-way traffic southbound on 6600 block of Grand;
• one-way driveway entrance on 6600 block of Grand;
• a raised median in the driveway as originally proposed in the development plan;
• a raised median on Grand Avenue;
• relocate or modify No Left Turn sign; and,
• do nothing.
From a maintenance standpoint raised medians add cost and inconvenience. A raised median
will prevent the left-turn ingress into the driveway from northbound Grand Avenue.
However, it will not prevent right turns from the driveway southbound onto Grand Avenue.
Neither one-way traif c restriction would correct the problem. The one-way driveway would
encourage motorists exiting onto 67th Street to drive through the neighborhood including
using Grand Avenue to gain access to 66th Street.
3/14/95
Page 2 ~~- ~.
City staff found that the No Left Turn sign is properly placed to discourage left turns into the
driveway from Grand Avenue. Tom Foley spent one hour and twenty minutes on a Friday
evening observing traffic at the driveway. Of over 75 cazs using the driveway, only 3 violated
the turning restrictions. One vehicle accounted for two of the violations, both entering and
exiting.
Recommendation: Do nothing. None of the alternatives prevents both of the illegal turning
movements. The current design works reasonably well. The amount of additional traffic on
Grand Avenue south of the driveway is insignificant. The issue is not correctable solely by
changes in traffic control..
Concur w/TCC ~ - Do Not Concur w/TCC
2. Request to Install Stop~gn at EY~t n*'rypway for Richfip~~ Nro~;,.9t n+r..o u,,;~a;....
onto 67th 600 Block of Grand Avenue
Byron Wallace, Director of Community Development, asked the Committee to consider the
installation of a stop sign at the exit onto 67th Street from the Medical Office Building.
The property has almost S00 pazking stalls and this exit, being one of the principal egress
points from the property, will generate substantial traffic. The driveway also is located close
to the exit from a series of drive-in teller stalls for the Richfield Bank & Trust. The absence
of the stop sign may have been overlooked in the review of the development plan.
Recommendation: The property owners should be directed to install a stop sign at the 67th
Street exit from the Richfield Medical Off ce property.
iM~anager Recomm .nr~at;nn
Concur w/TCC ' ~I~ Do Not Concur w
~_ /TCC
v
Kathy Kelly, -6859, asked the Committee to consider the installation of a stop sign at the
exit onto 65th Stree the Norwest Bank Building. ~`
The driveway was built at an angle 'scourage people from entering the neighborhood to
the east. Vehicles exit from the driveway from the drive thru tellers and from the
pazking lot.
There aze conflicts when cazs enter 65th Street without lookin their left to see oncoming
traffic.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 104
Agenda April 10, 1995
Issue Statement:
Conduct a public hearing regarding proposed transfer of ownership of Paragon Cable to
Time Warner, Inc.
Background:
On February 21, 1995 the Southwest Suburban Cable Commission (SWCC) of which
the City of Richfield is a member, received a letter and Form 394 from Paragon Cable.
Paragon Cable is the current franchisee of the cable system in the SWCC, including
Richfield. The letter and Form 394 indicated that KBLCOM, Inc. which is a wholly
owned subsidiary of Houston Industries and which owns 100% of Nortel Cable
Corporation and Countryside Investments, Inc. which owns Paragon Cable would
become awholly-owned subsidiary of Time Warner, Inc.
The Minnesota Cable Communications Act and Article XII, Section 1, Subsection B of
the Cable Franchise Ordinance for the City of Richfield states that a franchising
authority such as Richfield which receives a written request for approval of a sale or
transfer shall answer in writing within thirty (30) days of a request and shall state
whether it approves the request or whether it determines that a public hearing is
necessary because the sale or transfer may adversely affect the subscribers. The
public hearing, if it is deemed necessary, must be conducted within thirty (30) days of
such a determination and must provide a fourteen (14) day notice published once in the
newspaper of general circulation in the area served by the franchise.
The cable franchise ordinance for the City of Richfield also states that the City may
inquire into the qualifications of the prospective controlling party and the grantee shall
assist the City in such an inquiry and pay all costs incurred by the City including staff
time for so inquiring.
Finally, the Federal Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992 provide that:
1) A cable operator cannot transfer a cable system unless it has held the system at
least thirty-six (36) months; and
2) If a cable transfer or sale requires franchising authority approval, the franchising
authority has 120 days from receipt of the Form 394 to approve the sale.
Therefore, since the City of Richfield and the SWCC have received Form 394 from
Paragon Cable, the 120 day time period has begun.
~-I
At the March 13, 1995 City Council. meeting a resolution was adopted by the City
Council which accomplished three things:
1) The City states that Paragon Cable was held by KBLCOM for at least thirty-six (36)
months; and
2) That the City must approve a sale or transfer the cable system and is currently
reviewing Form 394 provided by Paragon Cable and Time Warner, Inc. to determine
the affect of the proposed transfer on Richfield subscribers. Accordingly, a public
hearing will be held on April 10, 1995 to allow for public comment and input on the
proposed transfer; and
3) The City of Richfield acknowledges that it has the right to purchase the cable system
pursuant to Article XII of the Cable Franchise Ordinance for the City of Richfield and
is determining whether to exercise that right.
The public hearing was .posted and published according to appropriate requirements
and should be opened on April 10, 1995..
A representative from Paragon Cable and legal counsel to the Southwest Suburban
Cable Commission will be present at the hearing.
Recommended Motion:
Conduct a public hearing regarding the proposed transfer of ownership of Paragon
Cable, continue said hearing until 7:00 p.m. June 12, 1995, and request the Southwest
Suburban Cable Commission to review this matter and make a recommendation to the
City prior to the June 12, 1995 continued hearing.
Basis of Recommendation:
1. The City of Richfield and the SWCC have received appropriate notice from Paragon
Cable and Time Warner, Inc. concerning a proposed transfer of ownership. That
notification includes the filing of Form 394.
2. With the receipt of Form 394, the franchising authority has 120 days to act on the
request.
3. The City of Richfield, as the franchising authority, has the ability to' conduct a public
hearing to collect public input concerning the proposed transfer and provide
opportunity to investigate the impact of the transfer upon subscribers.
4. The City of Richfield has a total of thirty (30) days from consideration of this item to
conduct such a public hearing.
(D ^~
5. The .public. hearing is to be .continued to allow ample time for the Southwest
Suburban Cable Commission to review this proposed transfer of ownership and to
- make a formal recommendation to the City Council.
6. If the City approves the transfer of ownership, the rigid timeline for consideration of
this matter would require a formal resolution acting upon the proposed transfer on
June 12, 1995.
Alternative Recommendation:
1. None.
Discussion/Decision Mode:
In order for the. City of Richfield to act upon this matter in a timely basis, the City must
conduct the public hearing on April 10, 1995; and con#inue the public hearing until June
12, :1995. These dates are firm if the City is to stay within the allowed timeframe for
handling this matter.
Respectfully submitted,
Jam D. Prosser
City Manager
JDP:cak
~%
CITY OF RICHFIELD, MINNESOTA
Council Letter No. io3
Agenda April 10, 1995
Issue Statement:
Purchase in excess of $5,000 for a utility vehicle for use by the Park Maintenance
Division.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
Unit #294, a 1986 Cushman utility vehicle used by the Park Maintenance Division for
weed spraying and ballfield maintenance, has been fully depreciated since 1993. The unit
is due to be replaced this year, and staff obtained quotes from three vendors as follows:
Cushman Motor Co.. Inc. MTI_Distributina Scharber & Sons
Base Price $10,681.00 $10,811.00 $11,546.00
Trade-In (1,500.00) (2,500.00) (1,500.00)
Roll Bar 700.00 Included No
Total $ 9,881.00 $ 8,311.00 $10,046.00
Recommended Motion:
Approve a purchase order to MTI Distributing Company in the amount of $10,811.00
minus trade-in of $2,500.00 plus sales tax of $540.22 for a sum total of $8,851.22.
Basis for Recommendation:
1. MTI Distributing submitted the low quote.
2. The approved 1995 Central Garage Motor Pool budget contains $9,000 for this
purchase.
Alternative Recommendation:
Council could reject the quotes and direct staff to obtain new ones; however, staff does
not feel a better price can be obtained from a reputable vendor.
Discussion/Decision Mode:
Staff is requesting approval at the April 10, 1995 Council meeting.
Respectfully submitted,
James D. Prosser
City Manager
JDP:ds
CITY OF RICHFIELD, MINNESOTA
Council Letter No. io2
Agenda April 10, 1995
Issue Statement:
Presentation of the 1994 Community Service Award from. the United States Tennis
Association (USTA,) North Western Section (NWTA) to MaryKaye Champa, Recreation
Supervisor.
Background:
The USTA 1994 Community Service Award recognizes achievement of the growth of
tennis in a local community. MaryKaye Champa, Recreation Supervisor,. was chosen to
receive this award because of the variety of programs she offers through the Richfield
Recreation Division and for her coordination and cooperation with the NWTA and
USTA. Marcia Bach, Executive Director of the North Western Tennis Association, is
here to present the award.
Recommended Motion:
To recognize the award and MaryKaye Champa for her commitment to tennis and
recreation programs for the City of Richfield.
Basis of Recommendation:
The United States Tennis Association has given this award to MaryKaye, and she
deserves recognition for her dedication to the City.
Alternative Recommendation:
None.
Discussion/Decision Mode:
The award is scheduled for the April 10, 1995 meeting.
Respectfully submitted,
James. Prosser
City Manager
JDP:ds
CITY OF RICHFIELD, MINNESOTA.
Council Letter No. ioi
Agenda April 10, 1995
Issue Statement:
Meeting with the Richfield Planning Commission.
Background:
The Special City Council meeting with the Planning Commission is one of a series of
meetings between the City's Boards and Commissions and the City Council. The
purpose of this special meeting is to provide an informal opportunity for Planning
Commission Members to inform the City Council of recent and current issues. It also
provides a forum for an open dialogue between the City Council and the Planning
Commission.
Recommended Motion:
There is no action recommended.
Basis of Recommendation:
The Council has provided an opportunity for the Richfield Planning Commission to meet
jointly with the Council to discuss topics of mutual interest and concern. Any discussion
which might ultimately lead to an action would have to be considered for specific action
at a regular Council meeting.
Alternative Recommendation:
.None.
Discussion/Decision Mode:
This special meeting has been scheduled for April 10, 1995.
Respectfully .submitted,
J
Ja D. Prosser
City' anager
JDP:cak
Copy: Daniel Linnihan; Planning Commission Chair