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05-27-1986CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING May 27, 1986 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P. Ferber, City Clerk; Clayton LeFevere, City Attorney; Don 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 Mayor Hamilton led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Ludeman, S/Kirsch to appr city council meeting of May 12~, council meeting of Mav 19. 1986. the minutes of__the regular and the special city Motion carried 4-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE COUNCIL AGENDA. No one wished to address the council. I~~ Council Minutes -2- May 27, 198.6 Item #2 PRESENTATION BY RICHFIELD AMERICAN LEGION POST 435 OF A $5,000 DONATION TO THE 1987 FOURTH OF JULY CELEBRATION. C.L." 216. Commander Don Swanson and Ray Earls of MinneapolislRichfield American Legion Post 435 presented a $5,000 contribution to the city to be used for the 1987 Fourth of July celebration. Mayor Hamilton accepted the check on behalf of the city and the Fourth of July Committee and thanked the Legion for its generous support of this community event. Item #3 COUNCIL APPROVAL OF AGENDA Council Member Kirsch requested that discussion of a request by Terry Feldmann's Imports, Inc. for a sign permit be added to the agenda. Mayor Hamilton stated that discussion of Terry Feldmann's Imports, Inc. sign permit request would be added to the agenda as Item ~~18A. M/Ludeman, S/Kirsch to approve the agenda, as amended. Motion carried 4-0. Item #4 CONSENT CALENDAR A. APPROVAL OF PURCHASE IN EXCESS OF $5,000 - SNOW REMOVAL EQUIPMENT. C.L. 200. B. APPROVAL OF MINUTES, TABULATION OF BIDS AND AWARD OF CONTRACT FOR THE 1986 STREET SEALCOATING PROJECT. C.L. 201. RESOLUTION N0. 7168 RESOLUTION ACCEPTING BID FOR 1986 SEALCOATING PROJECT Council Minutes -3- May 27, 1986 C. APPROVAL OF RENEWAL OF KENNEL LICENSES: CUTLER ANIMAL HOSPITAL, 7738 COLFAX AVENUE;_AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE; ELAINE'S PROFESSIONAL GROOMING, 7429 HUMBOLDT AVENUE. D. APPROVAL OF RENEWAL OF OFF-SALE NON-INTOXICATING MALT LIQUOR LICENSE, TOM THUMB, 7600 KNOX AVENUE. M/Ludeman, S/Garcia to approve the consent calendar. Motion carried 4-0. Item #5 CANCELLATION OF PUBLISHED HEARING FOR VFW POST #5555 VARIANCE APPEAL. C.L. 202. 1 J Acting City Manager Devich reviewed Council Letter No. 202 recommending cancellation of a scheduled public hearing regarding an appeal of the Hearing Examiner's variance denial by Fred Babcock VFW Post #5555. He stated that the VFW has decided not to appeal this decision at this time. M/Ludeman, S/Gracia to canc hearing regarding an appeal of t denial by Fred Babcock VFW Post Motion carried 4-0. 1 the scheduling of public e Hearing Exami_ner's_varian 5555. Item #6 - APPLICATION FOR MINE LICENSE AND ON-SALE NON- INTOXICATING MALT LIQUOR LICENSE FOR FROGI'S FAMILY RESTAURANT, 6344 PENN AVENUE. C.L. 203. Public Safety Director Morgan reviewed Council Letter No. 203 recommending approval of the granting of on-sale wine and on- sale non-intoxicating malt liquor licenses to Frogi's Family Restaurant, 6344 Penn Avenue. Norm Stachowiak, Vice President of Operations for the restaurant chain, stated that the sale of wine and beer would enhance their dinner trade. Council Member Ludeman asked what the maximum number of licenses the city could issue in this category. Council Minutes -4- May 27, 1986 Public Safety Director Morgan stated that city ordinance allowed a maximum number of seven licenses and that if the council grants this request, the city would have five establishments holding on-sale wine and on-sale non-intoxicating malt liquor license. M/Garcia, S/Kirsch to Item #7 PUBLIC HEARING ON -THE L/H/N LAND USE PLAN AMENDMENT N0. 5 TO AMEND THE LAND USE OF THE PROPERTY AT 64TH STREET AND LYNDALE AVENUE FROM MULTIFAMILY TO COMMERCIAL. C.L. 204. Acting City Manager Devich reviewed Council Letter No. 204 recommending approval of the L/H/N Land Use Plan Amendment No. 5 which would amend the land use of the property between 64th Street and 65th Street on the east side of Lyndale Avenue from multifamily to commercial. M/Ludeman, S/_Garcia to close the public hearin . Motion carried 4-0. M/Ludeman, S/Kirsch to accept the L/H/N Development Land Use Plan Amendment No. 5 to the Comprehensive Plan to change the land use for the property 1`ving between 64th Street and 65th Street adjacent to the east side of Lyndale Avenue from multifamily to commercial and refer it to the Metropolitan Council for their review prior to official adoption. Motion carried 4-0. II L_ L Motion carried 4-0. Council Minutes -5- May 27, 1986 Item #8 PUBLIC HEARING AND SECOND READING OF A TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS. C.L. 205. Acting City Manager Devich reviewed Council Letter No. 205 regarding a transitory ordinance to authorize the transfer of funds from the Special Revenue Fund for the funding of the following capital improvement projects: Nature Center $15,000 Forestry 25,000 Public Safety Communications 15,000 Parking Lots/Drives Donaldson Park 15,000 $70,000 Council Member Ludeman inquired about the nature of the projects for City hall improvements and park land acquisition. Acting City Manager Devich responded that the City Hall improvements were the completion of the lobby and licensing remodeling project and the park land acquisition was for the Legion Lake Park project. M/Kirsch, S/Garcia to close the public hearing. Motion carried 4-0. M/Kirsch, S/Ludeman that this constitute_a Second Reading of B~11 1986-9, Transitory_Ordinance 17.23, that it be published in the official newspaper. and that it be made part of these minutes. Motion carried 4-0. Item #9 PUBLIC HEARING AND SECOND READING OF AN ORDINANCE PROVIDING FOR AN INCREASE IN COUNCIL SALARIES BEGINNING IN 1988. C.L. 206. Acting City Manager Devich reviewed Council Letter No. 206 regarding an ordinance amendment providing for an increase in council salaries effective on January 1, 1988. Council Minutes -6- May 27, 1986 Mayor Hamilton stated that he opposed an increase in council salaries because their is a shortage of funds for programs such as the bike patrol. Council Member Ludeman asked for clarification regarding the Charter Commission's intent relating to the setting of council salaries. City Attorney LeFevere stated that the Charter Commission had made the Charter consistent with state statutes by providing that no change in salary shall take effect until after the next succeeding election. The city ordinance code requires that the city council review the salaries annually. Council Member Ludeman stated that because the council would again consider salaries in 1987, he did not support the setting of the 1988 salaries at this time. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 4-0. M/Ludeman, S/Garcia to reject the proposed ordinance endment to increase the salary of the Mayor and Council tubers. ___.__._ Motion carried 4-0. Item X10 RESOLUTION APPROVING AN AMENDED OFF-STREET PARKING PERMIT TO INCREASE THE PARKING SPACES AT CROWN AUTO, 6245 LYNDALE AVENUE. C.L. 207. Community Development. Director Kraft reviewed Council Letter No. 207 regarding an amended off-street parking permit to increase the parking spaces at Crown Auto, 5245 Lyndale Avenue. Council Member Ludeman stated that there is a shortage of parking in the area and this increase in parking is needed. M/Ludeman, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: Council~Minutes -7- May 27, 1986 RESOLUTION N0. 7169 RESOLUTION APPROVING OFF-STREET PARKING PERMIT IN ACCORDANCE WITH APPLICATION N0. 86-3 CROWN AUTO, INC. 6245 LYNDALE AVENUE SOUTH Motion carried 4-0. This resolution appears as Resolution No. 7169 in Resolution Book No. 54. Item X11 RESOLUTION APPROVING AN OFF-STREET PARKING PERMIT FOR THE SOUTHVIEW BAPTIST CHURCH PARKING LOT AT 6601-6605 FIRST AVENUE. C.L. 208. Community Development Director Kraft reviewer} Council Letter No. 208 regarding the off-street parking permit application of the Southview Baptist Church to construct a 33 car parking lot at 6601-6605 First Avenue to serve a proposed church facility at 6605 First Avenue. Larry Wozniczka, 6744 Wentworth Avenue, questioned the use of the existing dwelling at 6605 First Avenue. Community Development Director Kraft stated that the property is zoned "R" single family residential and that a church is a permitted use in the "R" district. _ M/Kirsch, S/Ludeman ti' adopted; that it be spread made part of~these minutes: t the following resolution be n the resolution book and that it be RESOLUTION N0. 7170 RESOLUTION APPROVING OFF-STREET PARKING PERMIT IN ACCORDANCE WITH APPLICATION N0. 86-4 SOUTHVIEW BAPTIST CHURCH 6601-6605 FIRST AVENUE SOUTH Motion carried 4-0. This resolution appears as Resolution No. 7170 in Resolution Book No. 54. Council Minutes -8- May 27, 1986 Item #12 RESOLUTION TO APPROVE INCREASING THE PURCHASE PRICE BY $1,000 OF THE PROPERTY AT 6339 PORTLAND AVENUE TO BE PURCHASED FOR PARK PURPOSES. C.L. 210. Acting City Manager Devich reviewed Council Letter No. 210 recommending the city council to approve a $1,000 increase in the purchase of the property located at 6339 Portland Avenue as negotiated by city staff. Council Member Ludeman stated he strongly objects to the price of this property because the property appears to be worth much less than the $86,200 purchase price. M/Garcia, S/Kirsch RESOLUTION N0. 7171 RESOLUTION AMENDING RESOLUTION N0. 7163 AND AUTHORIZING THE RENEGOTIATED PURCHASE PRICE FOR 6339 .PORTLAND AVENUE FOR PARK PURPOSES. Motion carried 3-1. (Ludeman opposed). This resolution appears as Resolution No. 7171 in Resolution Book No. 54. Item #13 CONSIDERATION OF A REQUEST BY THE FRED BABCOCK VFW POST #5555 FOR RENEWAL OF THEIR ON-SITE GAMBLING LICENSE. C.L. 211. Acting City Manager Devich reviewed Council .Letter No. 211 recommending that the city council not oppose the Charitable Gambling Control Board's issuance of a Class A On-Premises Gambling License to the Fred Babcock VFW Post ~~5555. J [l Community Services Director Fondrick reviewed the appraised values presented by the city's and the seller's appraisers and the conditions of purchase. Council Minutes -9- May 27, 1986 M/Ludeman, S/Garcia that the city council does not oppose the Charitable Gambling Control Board's issuance of a Class A On- Premises Gambling License to_the Fred Babcock VFW Post ~~5555,.710 Lake Shore Drive. Motion carried 4-0. Item #14 CONSIDERATION OF A REQUEST BY THE RICHFIELD OPTIMIST CLUB FOR A RAFFLE LICENSE. C.L. 212. Acting City Manager Devich reviewed Council Letter No.. 212 recommending that the city council not oppose the Charitable Gambling Control Board's issuance of a one day raffle license to the Richfield Optimist Club. M/Garcia, S/Ludeman that the city copncil does not oppose the_Charitable Gambling Control Board's issuance of a raffle license to the Richfield 0 timist Club to conduct a raffle at the Fred Babcock VFW Post ~~5555 on June 0 1986. Motion carried 4-0. Item #15 CONSIDERATION OF A STAFF RECOMMENDATION TO ENTER INTO A CONTRACT FOR A DATA PROCESSING CONSULTANT. C.L. 213. Acting City Manager Devich reviewed Council Letter No. 213 regarding a staff recommendation to enter into a contract for a data processing consultant to assist with the conversion to the city's new computer system. M/Ludeman, S/Kirsch to pte~ into a contract with rQcessing consulting s_ervi or 160 hours of service an i ~_ Motion carried 4-0. uthorize th_e_Acting City Manager to assic Systems, Inc. for data s at an amqunt not to exceed $7 200 expenses not to exceed 150. Council Minutes -10- May 27, 1986 Item #16 COUNCIL CONSIDERATION OF ALTERNATIVE TRAFFIC ROUTES ' IN THE HAMPTON INN/ILN AREA. C.L. 215. Community Development Kraft reviewed Council Letter No. 215 regarding three alternative interim solutions for traffic circulation in the Hampton Inn area. Council Member Ludeman stated he supported Alternative C with the traffic diverter at Harriet Avenue but was concerned that the signing for Garfield Avenue would not work. Mayor Hamilton stated that he supported Alternative C and that the signing on Garfield Avenue should be tried with further steps such as a barrier if the signs prove not to be effective. Discussion followed regarding the use of a partial barrier on Garfield Avenue and the safety and snow plowing problems that may result. Council Member Garcia stated support for Alternative C and giving the signing for Garfield Avenue a chance. Council Member Ludeman suggested that if it is feasible, the properties at 7644 and 7645 Garfield Avenue could be purchased to allow the construction of a cul-de-sac or loop street. He stated that these homes were scheduled to be purchased for the I/L/N 77th Street improvements in the future. City Attorney LeFevere stated that tax increment revenues from the Hampton Inn and CDR properties were anticipated to be used for right-of-way purchases for the I/L/N Redevelopment Plan. He added that it was unlikely that the permanent street improvements could be funded until the tax increment from the CDR property development is established. _, Larry Wozniczka, 6744 Wentworth Avenue, stated concern that Harriet Avenue and 77th Street may not be built to standards for truck traffic and that 78th Street should be kept open. Discussion followed regarding load limits on streets. A representative of Lampert Lumber stated that if load limits were posted on 77th Street and Harriet Avenue it would force all of their trucks to use left turns at 78th Street and Nicollet Avenue creating traffic problems at that intersection. Council Minutes -11- May 27, 1986 Jim Miller, 7626 Pleasant Avenue, stated that the traffic from the Honda dealership on his street has increased and would like to see the Harriet Avenue traffic diverter constructed as soon as' possible. Nick Truedson, 7632 Harriet Avenue, suggested that the extra required right-of-way be taken from the south side of 77th Street rather than the north side. Community Development Director Kraft stated that this was not feasible because of the cost and traffic engineering concerns. The council directed staff to prepare data regarding the tax increment from the Hampton Inn project and the cost estimates for the cul-de-sac and loop street options along 77th Street for consideration by .council at a June council meeting. Item #17 COUNCIL DISCUSSION OF THE PROCESS TO BE USED FOR PUBLIC INPUT IN THE I35W, I494 TRAFFIC CORRIDOR STUDIES. C.L. 209. Acting City Manager Devich reviewed Council Letter No. 209 regarding the process to be used for public input in the I35W and I494 Traffic Corridor Studies. Council Member Garcia stated it was important to involve the citizens prior to decisions being made. Acting City Manager Devich stated that the intent of the process he has outlined was to accomplish that goal. M/Kirsch, S/Garcia to authorize t_he_ Acting City Manager to notify the I35W Policy Advisory Board that the public meeting process recommended in Council Letter No. 209 wi_11 be utilized as _Richfield's-~public involvement program in both the I35W and 1494 Corridor Studies. Motion carried 4-0. Council Minutes -12- Item X18 COUNCIL DISCUSSION ITEMS May 27, 1986 18A. Sign Permit Request by Terry Feldmann's Imports, Inc. Council Member Kirsch stated that the city council may wish to give city staff direction regarding Terry Feldmann's Imports, Inc. request for a 44 foot high sign. City Attorney LeFevere .stated that if the council wished to allow a sign of this size that one of two actions must take place - either the rezoning of the property or a modification to sign ordinance. Acting City Manager Devich stated that a council memo regarding this issue had been submitted to the city council today for their review and consideration. Ellen Sampson of Pepin, Dayton, Herman, Graham & Getts, P.A., representing Terry Feldmann's Imports, Inc., stated that failure to have a sign of this size is a competitive disadvantage for her client. 188. Extension of Runway 4-22. Council Member Garcia requested that city council consideration of the extension of Runway 4-22 be placed on the agenda of June 9, 1986. Acting City Manager Devich stated that he has attempted to contact MAC officials to make a public presentation in Richfield regarding this issue, but has not been successful. It was the consensus of the council to consider the extension of Runway 4-22 at the June 9 council meeting. Item #19 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls be approved: Council Minutes -13- RICHFIELD BANK AND TRUST Checks 7174/7226, 82956/83232 FIRST MINNESOTA Checks 1036/1037 FIRST WESTERN Checks 2991/3025 Checks 11066/11439 Motion carried 4-0. ADJOURNMENT May 27, 1986 General $ 725,353.94 $ 25,000.00 General $1,202,911.92 Payroll $ 271,105.71 M/Kirsch, S/Garcia that. the meeting adjourn. Motion carried 4-0. The meeting was adjourned at 8:49 p Date Approved: 6-9-86 d ~.~, Thomas P. Ferber City Clerk ' , ~~~~-~ ohn/H~f' o _ Mayor 5zeven ~. uevlcn Acting City Manager