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02-24-1986 CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING FEBRUARY 24, 1986 MEMBERS PRESENT: John Hamilton, Mayor; Edwina Garcia; Martin Kirsch; Ivan Ludeman; and, Michael Sandahl. STAFF PRESENT: John Cartwright, City Manager; Clayton LeFevere, City Attorney; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Dennis Kraft, Community Development Director; and, Tom Morgan, Public Safety Director. The meeting was called to order by Mayor Hamilton at 7:01 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Cub Scouts Den 1, Pack 335 presented the colors and led the audience in the Pledge of Allegiance. Mayor Hamilton presented certificates of appreciation to the members of Cub Scouts Den 1, Pack 335 for their participation. APPROVAL OF MINUTES Council Member Kirsch stated that Item #7 of the February 10, 1986 minutes should be corrected to show that the motion was made by Council Member Sandahl and seconded by Council Member Garcia. M/Ludeman, S/Kirsch to a rove the minutes of the Cit Council/State Le islators Meetin of Februar , 198 and the regular Council Meeting of Februarv 10. 198 as amended. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE COUNCIL AGENDA. Diane Olson, ?532 Fremont Avenue, asked when meetings would be scheduled for citizens and CDR to discuss the development of the Clover Leaf Motel site. City Manager Cartwright responded that a draft letter had been prepared to send to everyone who signed the referendum petition indicating that meetings would occur in March. The Council Meeting Minutes -2- February 24, 1986 City Manager also indicated that Item #19 of the council agenda was for discussion of approaches for dissemination of information regarding the ILN Redevelopment Plan. Item #2 APPROVAL OF AGENDA M/Ludeman, S/Garcia to a prove the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. PURCHASES IN EXCESS OF $5,000 (DUMP TRUCK) C.L. 77. B. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR SANDY'S TAVERN. C.L. 78. C. .RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR KENNY'S .RESTAURANT. C.L. 79. D. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR FRENCHMAN'S. C.L. 80. E. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR GODFATHER'S PIZZA. C.L. 81. F. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR AIRPORT BOWL. C.L. 82. G. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR CHUCK E. CHEESE. C.L. 83. H. RENEWAL OF NON-INTOXICATING ON-SALE BEER LICENSE FOR LARIAT LANES. C.L. 84. I. AWARD OF BIDS FOR THE REMOVAL AND REPLACEMENT OF WELL PUMP N0. 7. C.L. 85. J. AWARD OF BIDS FOR PURCHASE OF WATER METERS. C.L. 86. K. APPROVAL OF PERMITS FOR ILLUMINATED SIGNS AT: FIRST MINNESOTA, 98 WEST 66TH STREET; RICHFIELD EVANGELICAL FREE CHURCH, 1856 EAST 66TH STREET; AND, PENN AVENUE HEALTH SPA, 6620 PENN AVENUE. (A TEMPORARY OVERSIZE SIGN AT KAYO OIL, 6744 PENN AVENUE, WAS REMOVED FROM CONSENT CALENDAR AND PLACED ON AGENDA AS ITEM #20A.) L. RENEWAL MOTEL LICENSE, COLONIAL LODGE MOTEL. 1 Council Meeting Minutes -3- February 24, 1986 M. RENEWAL OFF-SALE NON-INTOXICATING BEER, 7-11 STORES, 6849 NICOLLET AVENUE. City Manager Cartwright stated that Item #3K., Approval of Permits for Illuminated Signs, recommended approval of the First Minnesota request which had been continued from February 10, after staff review showed it was not an increase in the number of signs and the signs met the LHN guidelines. The City Manager also stated that city staff recommended denial of the temporary oversize sign request of the KAYO Oil at 6744 Penn Avenue. Council Member Sandahl requested that the KAYO Oil sign request be removed from the consent calendar and placed on the regular agenda. Mayor Hamilton stated that the temporary oversize sign request for KAYO Oil would be placed on the agenda as Item #20A. M/Ludeman, S/Sandahl to approve the consent calendar as amended. Motion carried 5-0. Item #4 PUBLIC HEARING AND SECOND READING ON THE REZONING OF HAMPTON INN PLANNED UNIT DEVELOPMENT PROJECT FROM C-2 GENERAL COMMERCIAL TO PC-2 PLANNED GENERAL COMMERCIAL. C.L. 88. City Manager Cartwright reviewed Council Letter No. 88 regarding an ordinance to rezone the proposed Hampton Inn site from C-2 general commercial to PC-2 planned general commercial. Craig Miller, owner of Miller Beauty Supply, expressed concern that the closing of 78th Street at Lyndale Avenue would create a greater traffic problem at 78th Street and Nicollet Avenue and be detrimental to the businesses located on 78th Street between Lyndale Avenue and Nicollet Avenue. City Manager reviewed the proposed traffic plan for the area indicating vehicles would use 77th Street from Lyndale Avenue and south onto Harriet Avenue to proceed to 78th Street. Mr. Miller indicated this would be confusing to his customers and force them to use the 78th Street and Nicollet Avenue intersection. Council Member Ludeman stated that the key issue would be how soon the 77th Street improvements can be accomplished. Council Meeting Minutes -4- February 24, 1986 City Manager Cartwright stated that construction of the public improvements in the ILN area were dependent on the tax increment generated by development of the Clover Leaf Motel property. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman that this constitute a Second Reading of Bill 1986-4, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #5 PUBLIC HEARING ON THE SPECIAL USE PERMIT AND FINAL DEVELOPMENT PLAN FOR THE HAMPTON INN PROJECT. C.L. 89. City Manager Cartwright reviewed Council Letter No. 89 regarding approval of a special use permit and final development plan for the Hampton Inn Project. Ruth Larson, 7638 Harriet Avenue, stated that she has not seen plans for the traffic generated by Hampton Inn and stated that an increase of traffic on Harriet Avenue has already been experienced because of the test driving of cars from the Honda dealership. Council Member Ludeman stated that loop roads or cul-de-sacs were proposed to be constructed along 77th Street to prevent traffic from entering the adjacent residential area and that city staff would meet with the neighborhood to discuss these options and the possibility of the installation of temporary barricades prior to the construction. Community Development Director Kraft reviewed the proposed Hampton Inn site plan. Craig Miller, Miller Beauty Supply, asked where on the Hampton Inn site the stipulated 25 additional parking stalls would be located if a parking shortage occurs. Bill Brusman, PALSCO, reviewed the parking needs and projected occupancy of the proposed Hampton Inn hotel and indicated additional parking could be provided by eliminating certain landscape areas on the site. Ervin Leihy, 7644 Grand Avenue, stated that the increased traffic generated by this project would require a traffic signal at 77th Street and Lyndale Avenue. Council Meeting Minutes -5- February 24, 1986 City Manager Cartwright stated that meetings would be scheduled this spring to address the neighborhood concerns about traffic, review the proposed loop road alternatives, and temporary barricades.. Council Member Kirsch suggested that the meetings be held as soon as possible because the neighborhood already was experiencing increased traffic from the Honda dealership. City Manager Cartwright responded that this would be done. The council directed city staff to take traffic counts on 77th Street and adjacent streets to provide information on the traffic patterns in the area. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Sandahl, S/Kirsch to a rove the final develo ment lan and special use permit for the proposed Hamp on~Inn Hotel subject to the following stipulations: 1. Approval and publication of the ordinance to rezone the property to PC-2; 2. Amending or removing the building permit moratorium as it would apply to this particular property; 3. That-the required easements for additional right-of -way along Lyndale Avenue and 77th Streets be provided as required to carry out planned street improvements; 4. That the development proceed as shown on the site plan; 5. That the parking demand be closely monitored and if a parking shortage occurs on the site when it is complete and operating, that a minimum of 25 additional parking stalls be provided on the site; I i 6. That the prelimina approval; roperty be platted and that proper y and final plats be filed for cit` 7. That a detailed planting plan be submitted for approval by the Community Development Department staff; and, 8. That a drainag city engineer. lan be submitted for approval by the Motion carried 5-0. ~. Council Meeting Minutes -6- February 24, 1986 Item #6 CONSIDERATION OF THE FIRST AMENDMENT TO THE DEVELOPERS AGREEMENT BETWEEN THE HAMPTON INN AND THE CITY OF RICHFIELD. C.L. 90. City Manager Cartwright reviewed Council Letter No. 90 regarding the content of the First Amendment to the Contract for Private Development between the Hampton Inn and the City of Richfield and recommended the council adopt a resolution to approve the amendment. Council Member Ludeman summarized the status of the 78th Street easement as it relates to the Hampton Inn project. Council Member Garcia inquired when the I494 corridor study would be completed. City Manager Cartwright stated that it was scheduled to be completed in May, 1987. M/Kirsch, S/Garcia to close the public hearing. Motion carried 4-0. (Sandahl absent during this vote). M/Ludeman, 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 N0. 7145 RESOLUTION APPROVING AMENDMENT NUMBER ONE CONTRACT FOR PRIVATE DEVELOPMENT WITH PALSCO, INCORPORATED Motion carried 5-0. This resolution appears as Resolution No. 7145 in Resolution Book No. 54. Item #7 C N ELL ION OF HE FEBRU RY 24, 198 , PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO AMEND SECTION 3.34A OF THE PLANNED UNIT DEVELOPMENT ORDINANCE. C.L. 91. City Manager Cartwright reviewed Council Letter No. 91 recommending cancellation of the public hearing and second reading of an ordinance amending the city's planned unit development district regulations. M/Ludeman, S/Kirsch to confirm the actions by the city administration to cancel the public hearing for an ordinance to amend Section 3.34A of the Planned Unit Development ordinance. Motion carried 5-0. U Council Meeting Minutes -7- February 24, 1986 Item #8 PUBLIC HEARING AND SECOND READING OF A TRANSITORY ORDINANCE ALLOCATING FUNDS FROM THE SPECIAL REVENUE FUNDS FOR CERTAIN CAPITAL IMPROVEMENTS. C.L. 92. City Manager Cartwright reviewed Council Letter No. g2 regarding a transitory ordinance to allow the transfer of funds from the Special Revenue Fund to certain capital improvement projects. The city manager stated that work on projects not yet started would be delayed until after information concerning the state cutbacks to local governments for 1986 are known., Council Member Ludeman stated that no transfer of funds should be approved until the impact of the state cutbacks is known. He also stated that snowplow equipment funding should be a higher priority. M/Garcia, S/Ludeman to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl to delete the following from Section 2 of the transitor ordinance: Nature Center Im rovements 15 000• Forestr 25 000• Public Safet Communications Reserve, 15,000• and Parkin Lots Drives at Donaldson Park 15 000• and, that this constitute a Second Readin of .Bill 198 -5, Transitory Ordinance No. 17.22, that it be published in the official newspaper and that it be made art of these minutes. Motion carried 5-0. Item #9 PUBLIC HEARING AND SECOND READING OF AN ORDINAN E PROHIBITING OF SHOVELING SNOW FROM PRIVATE PROPERTY ONTO- ANY PUBLIC STREET, ALLEY, SIDEWALK OR PARKING LOT. C.L. 93. City Manager Cartwright reviewed Council Letter No. 93 regarding an ordinance to prohibit the placement of snow onto any public sidewalk, street, alley, or parking lot. Ervin Leihy, 7644 Grand Avenue, spoke in opposition to the ordinance because the city plows snow into driveway openings. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. Council Meeting Minutes -8- February 24, 1986 M/Ludeman, S/Kirsch that this constitute a Second Reading of Bill 1986-6, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #10 PUBLIC HEARING FOR THE GRANTING OF AN ON-SALE WINE LICENSE FOR MAMA LU'S RESTAURANT (HEARING TO BE CONTINUED). C.L. 94. City Manager Cartwright reviewed Council Letter No. 94 recommending that the public hearing for the granting of an on- _ sale wine license for the proposed Marta Lu's Restaurant at 6344 Penn Avenue be continued to the March 10, 1986 council meeting. There was consensus amoung council members that this hearing not be continued past the March 10, 1986, meeting. M/Sandahl, S/Kirsch to continue the public hearing on the granting of an on-sale wine license to Marta Lu's Restaurant, 6344 Penn Avenue, to March 10, 198 . Motion carried 5-O. Item #11 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO AMEND TRANSITORY ORDINANCE 17.18, THE ILN BUILDING MORATORIUM ORDINANCE, TO PERMIT APPROVED PUD PROJECTS TO BE RELEASED FROM THE BUILDING MORATORIUM RESTRICTIONS. C.L. 95. City Attorney LeFevere reviewed Council Letter No. 95 regarding an ordinance amending transitory ordinance 17.18, the ILN building moratorium ordinance, to permit approved PUD projects to be released from the building moratorium restrictions. The city attorney reviewed the definition of a transitory ordinance and a PUD. Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that the ILN Redevelopment Plan being prepared by BRW be reviewed prior to the adoption of this amendment. City Manager Cartwright stated that the plan is being printed and will be available in the near future. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. ~.. "`,- '~ Council Meeting Minutes -9- February 24, 1986 M/Sandahl, S/Garcia that this constitute Second Readin of Bill 1986-7, that it be pu ished in the o cia newspa er and that it be made part of these minutes. Motion carried 5-0. n Item #12 FIRST READING OF AN ORDINANCE AMENDING TRANSITORY ORDINANCE 17.18 WHICH MODIFIES RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS IN THE ILN AREA (ILN MORATORIUM ORDINANCE). C.L. 96. City Attorney LeFevere reviewed Council Letter No. 96 regarding an ordinance to amend transitory ordinance 17.18, the ILN Building Moratorium ordinance, which would modify the restrictions on the issuance of building permit in the ILN area. Council Member Ludeman inquired about the affects of this ordinance relating to the different boundaries of the moratorium area and the tax increment financing district. Community Development Director reviewed the affects of this ordinance and stated that a council memo was being prepared explaining the different boundaries. M/Sandahl, S/Ludeman this ordinance amendment Readin of the ordinance 198 . Motion carried 5-0. that this constitute and that the Public H amendment be schedule First Reading of Baring and Second or i~iarc Item #13 A RESOLUTION TO MNDOT REQUESTING A LIMITED U E PERMIT OF A PORTION OF 78TH STREET EAST OF LYNDALE AVENUE FOR THE HAMPTON INN PROJECT. C.L. g7. City Manager Cartwright reviewed Council Letter No. 97 recommending that the city council pass a resolution which requests MnDot temporarily release jurisdiction of the 78th Street frontage road from Harriet Avenue westward to Lyndale Avenue to allow the Hampton Inn developers to use this right of way for open space purposes. M/Kirsch, S/Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: ,~. ..,` Council Meeting Minutes -10- February 26, 1986 .RESOLUTION N0. 7146 REQUESTING MNDOT TO TEMPORARILY RELEASE JURISDICTION OF THE 78TH STREET FRONTAGE ROAD FROM HARRIET AVENUE WESTWARD TO LYNDALE AVENUE Motion carried 5-0. This resolution appears as Resolution No. 714 in Resolution Book No. 54. Item #14 RESOLUTION CANCELLING SPECIAL ASSESSMENTS FOR METROPOLITAN AIRPORT COMMISSION GSA SURPLUS PROPERTY AREA "C". C.L. 98. City Manager Cartwright reviewed Council Letter No. 98 regarding three disputed outstanding special assessments against MAC properties and recommended cancellation of the special assessment on the GSA surplus property area "C". Administrative Services Director Devich stated that an increase in the special levy would not be necessary to make up for the cancellation of this special assessment because of the investment earnings received from prepaid collections for the improvement. M/Sandahl, S/Ludeman that the following resolution be ad_o_pted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 7147 A RESOLUTION CANCELLING THE CURRENT, REMAINING, AND, DELINQUENT SPECIAL ASSESMENT ON P.I.D. 25-028-24-11-0001 "GSA SURPLUS PROPERTY" FOR LEVY N0. 7106, A 1977 PERMANENT STREET IMPROVEMENT Motion carried 5-0. This resolution appears as Resolution No. 7147 in Resolution Book No. 54. Item #15 CONSIDERATION OF CITY ADMINISTRATION'S REQUE T FOR A SPECIAL CITY COUNCIL MEETING AT 7.:00 P.M., MARCH 17, 1986. C.L. 99. City Manager Cartwright reviewed Council Letter No. 99 regarding the city administration's request to schedule a Special City Council meeting on March 17, 1986, to consider 1) a proposed resolution to extend the moratorium ordinance; and (2) an ordinance to exclude certain properties and small improvements of $25,000 or less from the ILN moratorium ordinance. ..` Council Meeting Minutes -11- February 24, 1986 It was the consensus of the city council to approve the scheduling of the Special City Council meeting for 7:00 p.m. on March 17, 1986. Item #16 CONSIDERATION OF CITY ADMINISTRATION'S RECOMMENDAT ON TO REFER TO THE. PLANNING COMMISSION TO HOLD A PUBLIC HEARING ON A PROPOSED RESOLUTION TO EXTEND THE ILN BUILDING MORATORIUM (TRANSITORY ORDINANCE 17.18). C.L. 100. City Manager Cartwright reviewed Council Letter No. 100 regarding the city administration's recommendation to refer to the Planning Commission a proposed resolution to extend the ILN building moratorium ordinance for one year and schedule a public hearing on this resolution for the Special City Council meeting March 17, 1986. M/Kirsch, SjLudeman to refer to the Planning Commission for review and recommendation a proposed resolution extending the -- effective period of the ILN moratorium ordinance, Transitory Ordinance 17.18 and to schedule a ublic hearin on this resolution for the March 17, 198 Special City Council meeting. Motion carried 4-0. (Council Member Sandahl was absent during this vote . Item #17 REPOR ON THE CITY ADMINISTR TION'S PROPOSED ACQUISITION OF ADDITIONAL CABLE EQUIPMENT FOR CABLE- CASTING CITY COUNCIL MEETINGS. C.L. 101. City Manager Cartwright reviewed Council Letter No. 101 regarding the city administration's proposal for the acquisition of additional cable equipment for cablecasting city council meetings and recommended that the action to proceed with the purchase of additional cable equipment be delayed until the legislature acts regarding the budget shortfall. Council Member Sandahl stated his support for improving the ability of the audience and viewers to see display graphics that are presented to the council. Council Member improvements would City Manager C would be funded by longer required to activities. Ludeman asked if the funding for these come from cable franchise fees. ~rtwright stated the proposed improvements cable franchise fees; however, the city is no spend cable franchise fees for only cable Council Meeting Minutes -12- February 24, 1986 Item #18 DESIGNATION OF THE RICHFIELD SUN NEWSPAPER AS THE CITY'S OFFICIAL NEWSPAPER FOR 1986. C.L. 102. City Manager Cartwright reviewed Council Letter No. 102 regarding the renewal of the designation of the Richfield Sun- Current Newspaper as the city's official newspaper. M/Ludeman, S/Garcia to desi nate the Richfield Sun-Current Newspaper as the city's official newspaper for 198 . Motion carried 5-0. Item #19 DISCUSSION ON THE POSSIBLE NEED FOR ONE OR MORE COMMITTEES TO DISSEMINATE INFORMATION ABOUT THE ILN REDEVELOPMENT PLAN AND THE CDR PROJECT. C.L.-103. Council Member Ludeman expressed his desire for the city council to discuss the use of committees and methods to disseminate information about the .ILN Redevelopment Plan and possible Redevelopment projects. Council discussion was held regarding the roles of the city and the developer in the process of providing information and conducting meetings regarding the ILN and proposed projects. It was the consensus of the council that the city manager notify all those who signed the referendum petition of a meeting to be held regarding the CDR project. Council discussion followed regarding the feasibility of conducting several meetings for different sections of the city to allow the participation of all segments of the community. Don Priebe, 7225 Bloomington Avenue, stated that the Clover Leaf property was an asset to the whole community and provided an opportunity to increase Richfield's tax base, thus benefiting all citizens. Therefore, the involvement of as many people in the community as possible was desirable, not just those in the adjacent neighborhood. Peter Beck, Larkin, Hoffman, Daly, & Lindgren Ltd., representing CDR, stated that this discussion would be helpful in formulating the method of communication that CDR will use in working with the community to revise their project. The Council directed city staff to formulate methods for the dissemination of information regarding the ILN for council review. Council Meeting Minutes -13- February 24, 1986 [l Item #20 COUNCIL DI CUSSION ITEMS None Item #20A CONSIDERATION OF A REQUEST FOR A TEMPORARY SIGN PERMIT FOR AN OVERSIZED SIGN AT KAYO OIL, 6744 PENN AVENUE. C.L. 87. City Manager Cartwright recommended denial of this permit for a temporary advertising sign because it is oversize. M/Ludeman, S/Garcia to den a tem orar si n ermit for a temporary sign at KAYO Oil, 744 Penn Avenue. Motion carried 5-0. 1 Item #21 CLAIMS AND PAYROLLS M/Sandahl, S/Ludeman that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 6810/6882, 81429/81667 FIRST WESTERN BANK Checks 2828/2852 Checks 8436/8797 FIRST MINNESOTA General $617,190.87 General $729,308.88 Payroll $259,935.23 Check 1030 Motion carried 5=0. L ADJOURNMENT M/Sandahl, S/Ludeman that the meeting adjourn. Motion carried 5-0. $ 15,000.00 ~- Council Meeting Minutes -14- The meeting was adjourned 9:15 p.m. Date Approved: 3/10/86 Thomas P. Ferber City Clerk seven L. ll Acting City February 24, 1986 max. Mayor ~i evich Manager ~I u