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09-08-1986 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING September 8, 1986 MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; Michael Sandahl; Martin Kirsch; and Edwina 'Garcia. STAFF PRESENT: James Prosser, City Manager; Steven Devich~, Administrative Services Director; Thomas F~~. Ferber, City Clerk; Donald Fondrick; Community Services Director; Bruce Palmborg, Acting Community Development Director; Thomas Morgan, Public Safety Director; and Mike Eastling, City Engineer. The meeting was called to order by Mayor Hamilton at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Hamilton led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Member Ludeman stated that page 4 of minutes should be corrected on the sixth line of the motion, second word, to read "or" instead of "and". M/Ludeman, S/Kirsch to approve the minutes of the regular city council meeting of August 25, 1986 as amended. Motion carried 5-0. Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Mayor Hamilton introduced City Manager James Prosser and presented a proclamation plaque to Administrative Services Director Steven Devich in appreciation of his dedicated service to the City during the period of time he was Acting City Manager. Council Meeting Minutes 2 September 8, 1986 Item #2 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR Council Member Ludeman requested that consent calendar Item ~~3C be removed and placed on the regular agenda. Pdayor Hamilton stated that consent calendar Item ~~3C would be placed on the agenda as Item ~~24A. A. REQUEST BY MN DEER HUNTERS ASSOC. FOR A FEE WAIVED RAFFLE PERMIT FOR A ONE DAY RAFFLE TO BE HELD AT FRED BABCOCK VFW. C.L. 335. B. MINUTES, TABULATION OF BIDS AND AWARD OF CONTRACT FOR REMOVAL OF HOUSES AT 6329, 6339, 6425, AND 6429 PORTLAND AVENUE. C.L. 336. C. REMOVED FROM CONSENT CALENDAR AND PLACED ON REGULAR AGENDA AS ITEM ~~24A . D. RESOLUTION APPROVING CITY MAPJAGER'S ELECTION TO BE EXCLUDED FROM PERA. C.L. 338 RESOLUTION N0. 7212 RESOLUTION APPROVING ELECTION OF JAMES D. PROSSER TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION E. ESTIMATE N0. 7, STORM SEWER DRAINAGE IMPROVEMENTS NORBY AND WILSON PONDS, ARCON CONSTRUCTION - $261,395.01. M/Sandahl, SlLudeman to approve the consent calendar as amended. Motion carried 5-0. Council Meeting Minutes 3 September 8, 1986 Item ~~4 PUBLIC HEARING TO CONSIDER ALLEYS TO PAVE IN 1987. C.L. 339. City Manager Prosser reviewed Council Letter No. 339 regarding a public hearing to consider paving all remaining eligible alleys during the 1987 construction season, without the submittal of petitions. Community Services Director Fondrick stated that Mt. Calvary Lutheran Church had requested that the council delay paving the alley located between East 65th Street and East 66th Street, from Bloomington Avenue to 16th Avenue because they are considering expanding their facility and acquiring several adjacent properties. He also stated that property owners had submitted a petition against the paving of the alley between Wentworth and Blaisdell Avenues, from 68th Street 147' north. It was the consensus of the council to delete these two alleys from those to be paved. Larry Becker, 6819 Nicollet Avenue, spoke in support of the proposed alley paving and stated that he has been unable to get enough signatures for paving because there are several rental properties on this alley. Marian Miller, 7316 Grand Avenue, spoke in support of alley paving and stated she had obtained signatures representing exactly 50~ of the alley in favor of paving. Lori Bacon, 7345 Harriet Avenue, stated her driveway exits to 74th Street and therefore she does not use the alley and opposes having to pay for paving it. Paul Thompson, 6720 Vincent Avenue, spoke in support of alley paving. Community Services Director Fondrick stated that Mrs. Tate, 6315 James Avenue, had requested that the alley between James and Irving Avenues, 63rd Street to 118' south, only be paved far enough to serve the existing driveways. He stated that this alley is a deadend and staff will honor this request since her property is at the dead end of the alley with no access to it. Mayor Hamilton stated he believes in the paving of the alleys, but is concerned that the rules axe being changed this time. Council Member Ludeman reviewed the previous council action regarding alley paving. Council Meeting Minutes 4 September 8, 1986 Council Member Garcia asked if notice had been given to the property owners on the alleys proposed for paving. Community Services Director Fondrick stated that mailed notices had been given to all property owners abutting these alleys. M/Sandahl, S/Kirsch to delete from those alleys to be paved the following two alleys: Alley Between From To E. 65th St. and E. 66th St. Bloomington Ave. 16th Avenue Wentworth and Blaisdell Ave. 68th Street 147' North Motion carried 5-0. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. M/Sandahl, 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: RESOLUTION N0. 7213 RESOLUTION ORDERING THE PAVING ALLEYS AND PREPARATION OF PLANS FOR C.P. 832 Motion carried 5-0. This resolution appears as Resolution No. 7213 in Resolution Book No. 54. Item ~~5 PUBLIC HEARING ON THE ADOPTION OF THE ASSESSMENT ROLL FOR CITY PROJECT N0. 809, L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1985. C.L. 340 City Manager Prosser reviewed Council Letter No. 809 regarding the adoption of the assessment roll for City Project No. 809, L/H/N Maintenance for the period January 1 through December 31, 1985. Roy Peterson, owner of 6330-38 Lyndale Avenue, questioned why he was being assessed for LHN maintenance for his property which is north of 64th Street and appears not to be in the LHN district. Community Services Director Fondrick stated he would investigate the assessment for this property. Council Meeting Minutes 5 September 8, 1986 M/Sandahl, SlLudeman to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl that the staff make a determination as to the ro er assessment of 6330-38 L ndale Avenue PIN 28-028- 24-11-0002 and 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. 7214 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 809 L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1985 Motion carried 5-0. This resolution appears as Resolution No. 7214 in Resolution Book No. 54. Item ~k6 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR CITY PROJECT N0. 810. ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1, 1985 THROUGH DECEMBER 31, 195. C.L. 341. City Manager Prosser reviewed Council Letter No. 341 regarding the adoption of the assessment roll for City Project No. 810, alley maintenance for the period January 1, 1985 through December 31, 1985. Arnold Moe, treasurer of Oak Grove Lutheran Church, asked the council to relieve the church of assessment for their three lots (PIN 34-028-24-22-0032) abutting the alley between Augsburg and Garfield Avenues, from 70th to 71st Street because the city council stipulated the church cannot use the alley when the special use permit was issued for the parking lot located on the lots. Council Member Ludeman stated that council action precludes the church from using the alley and also curbing and a fence ad3acent to the alley was required, therefore he would support an exemption from the assessment for this property. M/Kirsch, S/Garcia to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl to exempt PIN 34-028-24-22-0032 from assessment for City Pro,iect No. 810 and that the assessment roll be amended to reflect this exemption. Motion carried 5-0. Council Meeting Minutes 6 September 8, 1986 M/Sandahl, 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: RESOLUTION N0. 7215 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 810 ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1985 Motion carried 5-0. This resolution appears as Resolution No. 7215 in Resolution Book No. 54. Item ~~7 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR CITY PROJECT N0. 812, 1985 ALLEY PAVING. C.L. 342 City Manager Prosser reviewed Council Letter No. 342 regarding the adoption of the assessment roll for City Project No. 812, 1985 Alley Paving. Arnold Moe, treasurer of Oak Grove Lutheran Church, asked the council to relieve the church of assessment for their property adjacent to the alley (PIN 34-028-24-22-0032) because of the stipulation in their special use permit which precludes them from using the alley. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl ssessment for City Probe e amended to reflect thi Motion carried 5-0. to exempt ct No. 812 s exemotio PIN 34-028-24-22-0032 from and that the assessment roll n. M/Sandahl, S/Ludeman that the following resolution be adopted; that it be spread in the resolution book and that made part of these minutes: RESOLUTION N0. 7216 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 812, 1985 ALLEY PAVING e Motion carried 5-0. This resolution appears as Resolution No. 7216 in Resolution Book No. 54. Council Meeting Minutes 7 September 8, 1986 Item ~~8 PUBLIC HEARING ON THE ASSESSMENT FOR THE LONGFELLOW AVENUE PUBLIC IMPROVEMENTS. C.L. 343 City Manager Prosser reviewed Council Letter No. 343 regarding the adoption of the assessment roll for City Project No. 803, Longfellow Avenue Improvements. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Sandahl, S/Kirsch that the following resolution be adopted; that it be spread in the resolution book and that it be made Dart of these minutes: RESOLUTION N0. 7217 RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT N0. 803 LONGFELLOW AVENUE IMPROVEMENTS Motion carried 5-0. This resolution appears as Resolution No. 7217 in Resolution Book No. 54. Item ~~9 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR INSTALLATION OF A FIRE PROTECTION SYSTEM FOR RICHFIELD SHOPPES NORTH. C.L. 344. City Manager Prosser reviewed Council Letter No. 344 regarding adoption of the assessment roll for installation of a fire protection system for Richfield Shoppes North. Council Member Ludeman stated his concern that the City was involved in providing financing to the private sector for this improvement and that it may become a burden to the taxpayer. Public Safety Director Morgan reviewed the state law which provides for use of the assessment process for the installation of fire protection systems. He stated that the installation of fire protection systems by businesses and the school district lessens the cost to the City for providing fire protection. City Manager Prosser stated that the city council will be kept informed whether other businesses request the use of the assessment process for similar installations. M/Kirsch, S/Sandahl to close the public hearing. Council Meeting Minutes 8 September 8, 1986 Motion carried 5-0. M/Sandahl, S/Ludeman that the following resolution be adopted: that it be spread in the resolu_tion_book and that it be made part of these minutes: RESOLUTION N0. 7218 RESOLUTION ADOPTING ASSESSMENT ON INSTALLATION OF A FIRE PROTECTION SYSTEM FRO RICHFIELD SHOPPES NORTH Motion carried 4-1. (Ludeman opposed) This resolution appears as Resolution No. 7218 in Resolution Book No. 54. Item ~~10 PUBLIC HEARING FOR CERTIFICATION TO THE COUNTY AUDITOR OF WEED DESTRUCTION EXPENSES. C.L. 34S City Manager Prosser reviewed Council Letter 345 regarding certification to the county auditor of the assessment roll for weed destruction. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5=0. M/Sandahl, 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: RESOLUTION N0. 7219 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION Motion carried 5-0. This resolution appears as Resolution No. 7219 in Resolution Book No. 54. Item ~~11 PUBLIC HEARING ON THE CERTIFICATION OF DELINQUENT SEWER AND WATER UTILITY ACCOUNTS. C.L. 346. City Manager Prosser reviewed Council Letter No. 346 regarding the certification of unpaid sewer and water utility accounts to the county auditor to be included in the property owners property taxes. Council Meeting Minutes 9 September 8, 1986 M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, 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: RESOLUTION N0. 7220 RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES Motion carried 5-0. This resolution appears as Resolution No. 7220 in Resolution Book No. 54. Item ~~12 PUBLIC HEARING ON THE CERTIFICATION OF DISEASED TREE REMOVAL EXPENSES. C.L. 347. City Manager Prosser reviewed Council Letter No. 347 regarding the adoption of the assessment roll for the removal of diseased trees from private property for the period August 1, 1985 - July 31, 1986. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, 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: RESOLUTION N0. 7221 RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF AUGUST 1, 1985 - JULY 31, 1986 Motion carried 5-0. This resolution appears as Resolution No. 7221 in Resolution Book No. 54. Council Meeting Minutes 10 September 8, 1986 Item ~~13 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING L/H/N AREA FOR CURRENT MAINTENANCE SERVICES FOR THE PERIOD OF JANUARY THROUGH DECEMBER 31, 1987. C.L. 348. City Manager Prosser reviewed Council Letter No. 348 regarding consideration of specially assessing the LHN area for current maintenance services for the period of January l through December 31, 1987. Community Services Director Fondrick stated that a protest to the proposed assessment increase had been received from Mr. John Sieff of Lyndale Hardware. He stated that the increase in the estimated 1987 assessment total is based on an increase in utility fees, additional supplies, and capital outlay for repair and replacement of sidewalks and crosswalks. He also stated that 6330-38 Lyndale Avenue is located within the tax increment district but it will be investigated what benefit it has received from LHN maintenance. M/Ludeman, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, 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: RESOLUTION N0. 7222 RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT L/H/N MAINTENANCE - JANUARY 1 THROUGH DECEMBER 31, 1987 CITY PROJECT N0. 830 Motion carried 5-0. This resolution appears as Resolution No. 7222 in Resolution Book No. 54. Item ~~14 PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING CURRENT MAINTENANCE SERVICES FOR CITY ALLEYS FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 1987. C.L. 349 City Manager Prosser reviewed Council Letter No. 349 regarding specially assessing current maintenance services for city alleys for the period of January 1 through December 31, 1987. M/Ludeman, S1Garcia to close the public hearing. Council Meeting Minutes 11 September 8, 1986 Motion carried 5-0. M/Sandahl, 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: RESOLUTION N0. 7223 RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICE PROJECT FOR ALLEY MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 1987 CITY PROJECT N0. 831 Motion carried 5-0. This resolution appears as Resolution No. 7223 in Resolution Book No. 54. Item ~~15 REQUEST FOR ON-SALE AND SUNDAY LIQUOR RESTAURANT AND TAVERN LICENSES - CHAMPPS OF RICHFIELD, 300 WEST 66TH STREET. C.L. 350 City Manager Prosser reviewed Council Letter No. 350 regarding the application from Mr. Dean S. Vlahos for an on-sale and Sunday liquor and tavern licenses for Champps of Richfield 300 West 66th Street. Council Member Ludeman stated his concern about noise from the patio area disturbing the residents of nearby apartments and condominiums. Dean Vlahos, owner of Champps, stated that he has a similar patio at his St. Paul restaurant and has had no complaints. He stated no music or TV would be allowed in the patio area and that it would have a canopy and be screened. M/Sandahl, S/Ludeman to close the public hearing. Motion carried 5-0. M/Sandahl, S/Garcia togrant on-sale and Sunday liquor and avern licenses to Dean S. Vlahos for Champps of Richfield, 300 est 66th Street with the following stipulations: 1. Applicant receives final approval and inspection for all building plans. 2. Applicant supplies proof of public and liquor liability coverages as required by the Richfield Ordinance Code. Council Meeting Minutes 3. Applicant desi operation and Manager's lice 4. r September 8, 1986 for the Richfield es for, and is granted a Motion carried 4-1. (Ludeman opposed) Item ~~16 CONTINUATION OF PUBLIC HEARING CONCERNING A REQUEST FOR A SPECIAL USE PERMIT FOR A COMBINATION SIT-DOWN AND DRIVE-THRU RESTAURANT SERVING LIQUOR, AND A RESOLUTION APPROVING AN OFF-STREET PARKING PERMIT 1200 EAST 78TH STREET. (TO BE CONTINUED TO OCTOBER 13). C.L. 351. City Manager Prosser reviewed Council Letter No. 351 recommending that the city council continue the public hearing to consider a request for a special use permit for a proposed Mexican theme restaurant at 1200 East 78th Street until October 13, 1986 to provide further time to address a number of issues and concerns identified by staff and surrounding property owners. David Webb, developer of the proposed restaurant, stated that this proposal does address the traffic, litter, and noise concerns of the neighborhood and urged the council not to delay their decision so that construction can begin. Mayor Hamilton expressed concern about serving liquor in a fast food restaurant. Mr. Webb stated only strong beer and margarita's will be served and will account for only 8X of sales. Council Member Garcia stated that the neighborhood adjacent to the site is concerned about traffic and parking and that liquor may cause additional problems for the neighborhood. M/Ludeman, S/Sandahl to continue the public hearin to consider a special use permit for a restaurant at 1200 East 78th Street to the October 13, 1986 city council meetino. Motion carried 5-0. 1 12 The balance of all license and investi ative fees are paid in full. Council Meeting Minutes 13 September 8, 1986 Item ~~17 REPLATTING, 7715 AND 7731 4TH AVENUE AND 7732 AND 7720 5TH AVENUE TO PERMIT CONSTRUCTION OF AN ARBY'S RESTAURANT. C.L. 352. Acting Community Development Director Palmborg reviewed Council Letter No. 352 regarding the replatting of 7715 and 7731 4th Avenue and 7732 and 7720 5th Avenue into three separate lots. M/Garcia, S/Kirsch to close the public hearing. Motion carried 5-0. M/Sandahl, S/Kirsch to approve the replatting of propert located at 7715 and 7731 4th Avenue and 7220 and 7732 5th Avenue into three separate lots as submitted by the property owners. Motion carried 5-0. Item ~~18 SPECIAL USE PERMIT TO CONSTRUCT A COMBINATION SIT-DOWN AND DRIVE-THRU ARBY'S RESTAURANT ON THE NORTHWEST CORNER OF 78TH STREET AND 5TH AVENUE. C.L. 353. Acting Community Development Director Palmborg reviewed Council Letter No. 353 regarding a request by Mr. Charles E. Nadler, President of Franchise Associates, Inc., for a special use permit for a 106 seat Arby's restaurant on the northwest corner of 78th Street and 5th Avenue. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 5-0. M/Ludeman, S/Sandahl to approve a special use permit to construct a combination sit-down and drive-thru Arby's restaur on the northwest corner of 78th Street and 5th Avenue with 106 seats with the stipulation that the drainage plan be submitted and approved by the City Engineer. Motion carried 5-0. Council Meeting Minutes 14 September 8, 1986 Item ~~19 REQUEST FOR SPECIAL USE PERMIT FOR A SKIPPER'S SEAFOOD RESTAURANT AT 6613 PENN AVENUE. C.L. 354. City Manager reviewed Council Letter No. 354 regarding a request by Skipper's, Inc. for a special use permit for a 86 seat Skipper's Seafood Restaurant at 6613 Penn Avenue. City Manager Prosser stated Howard Bunce had contacted the city manager and requested that the city council consider making the 66th Street and Penn Avenue area into a redevelopment district and delay approval of this special use permit. He stated Mr. Bunce also expressed concern about the setback of the building. City Manager Prosser noted that the setback was similar to adjacent buildings on Penn Avenue. Council Member Sandahl stated that the graphics provided for this item were poor in quality. M/Sandahl, S/Garcia to close the public hearing. Motion carried 5-0. M/Kirsch, S/Ludeman to approve a special use permit for an 86 seat Skipper's sit-down restaurant at 6613 Penn Avenue with the following stipulations: 1. The wooden fence located to the east of the property shall be repaired or replaced to the satisfaction of city staff. 2. Proper vents shall be installed to meet all applicable city codes to prevent food odors from going into the abutting residential properties. Motion carried 5-0. Item ~~20 PUBLIC HEARING RE: AN AMENDMENT TO THE COMPREHENSIVE • PLAN AND APPROVAL OF L/H/N LAND USE PLAN AMENDMENT N0. 5 FOR THE PROPERTY AT 64TH STREET AND LYNDALE AVENUE TO CHANGE THE DESIGNATION FROM MULTI-FAMILY DEVELOPMENT C.L. 355 City Manager Prosser reviewed Council Letter No. 355 regarding an amendment to the Comprehensive Plan and approval of the LHN Land Use Plan Amendment No. 5 for the property at 64th Council Meeting Minutes 15 September 8, 1986 Street and Lyndale Avenue to change the designation from multi- family development to commercial development. M/Ludeman, S/Kirsch to close the public hearing. Motion carried 5-0. 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: RESOLUTION N0. 7224 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CONCERNING PROPERTY LYING BETWEEN 65TH STREET AND 65TH STREET ADJACENT TO THE EAST SIDE OF LYNDALE AVENUE Motion carried 5-0. This resolution appears as Resolution No. 7224 in Resolution Book No. 54. 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 minute s_: RESOLUTION N0. 7225 APPROVING MODIFICATION N0. 5 IN THE LYNDALE HUB NICOLLET COMMERCIAL IMPROVEMENT PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 7225 in Resolution Book No. 54. Item ~~21 AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE DESIGNATION OF THE SITE AT 66TH STREET AND SHERIDAN AVENUE FROM MEDIUM DENSITY BUFFER TO HIGH DENSITY RESIDENTIAL FOR THE ERASER SCHOOL SITE. C.L. 356. City Manager Prosser reviewed Council Letter No. 356 regarding an amendment to the Comprehensive Plan to change the designation of the site at 66th Street and Sheridan Avenue from medium density buffer to high density residential for the Louise Whitbeck Fraser School Apartment site. Lawrence Wozniczka, 6744 Wentworth Avenue, questioned why the rezoning of this property had been approved prior to amending the Comprehensive Plan and what notice had been given regarding this action. Council Meeting Minutes 16 September 8, 1986 Acting Community Development Director Palmborg stated that published notice had been given regarding the Comprehensive Plan amendment. Mayor Hamilton asked Assistant City Attorney Dean to meet individually with Mr. Wozniczka to explain the sequence of procedures. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 5-0. M/Kirsch, S/Garcia 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. 7226 RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN LAND USE DESIGNATION OF THE SITE AT 2500 AND 2516 WEST 66TH STREET Motion carried 5-0. This resolution appears as Resolution No. 7226 in Resolution Book No. 54. Item ~~22 REVISED JOINT POWERS AGREEMENT BETWEEN THE CITIES OF EDEN PRAIRIE, EDINA, BLOOMINGTON AND RICHFIELD AND THE SOUTH HENNEPIN HUMAN SERVICES COUNCIL. C.L. 357. City Manager Prosser reviewed Council Letter No. 357 regarding revisions in the Joint Powers Agreement between the cities of Eden Prairie, Edina, Bloomington and Richfield and the South Hennepin Human Services Council and recommending that the council continue consideration of the agreement to the September 22, 1986 City Council Meeting pending the reconsideration of the agreement by the Bloomington City Council. M/Ludeman, S/Sandahl to continue consideration of the revised. Joint Powers Agreement between the cities of Eden Prairie, Edina, Bloomington and Richfield and the South Hennep Human Services Commission to the September 22, 1986 City Counc Meeting. Motion carried 5-0. Council Meeting Minutes 17 September 8, 1986 Item 423 REQUEST FOR ILLUMINATED SIGN AT RICHFIELD STATE AGENCY, 6625 LYNDALE. C.L. 358 City Manager Prosser reviewed Council Letter No. 358 regarding a request for a permit for an illuminated sign at Richfield Bank & Trust, 6625 Lyndale Avenue recommending denial because the sign was erected prior to application for a permit and because the sign does not meet the LHN Urban Design guidelines. City Manager Prosser .stated that Richfield State Agency had requested the council defer action for 2 weeks to allow them to present additional information. Council Member Sandahl noted that arrows had not been painted on the parking lot as requested by the council. M/Sandahl to grant a 2 week continuance of consideration of the sign permit for Richfield State Agency. Council Member Sandahl withdrew his motion after council discussion of the failure of RSA to apply for a permit prior to installation of the sign. M/Ludeman, S/Sandahl to deny the request for an illuminated sign at Richfield State Agency, 6625 Lyndale Avenue, and to order the removal of the present Quantim cash station signs prior to submission of a new sign request. Motion carried 5-0. Item ~~24 COUNCIL DISCUSSION ITEMS 24A. Purchase in Excess of $5,000 Market Plaza Site and Extend Legion Lake. C.L. 337. to Install Sidewalk at the Storm Sewer Lines into Council Member Ludeman noted that Council Letter No. 337 mentioned the installation of bomonite sidewalk which has not proven to be a good surface and has caused maintenance problems. Community Services Director Fondrick stated that colored concrete is now being used and not the bomonite material. M/Ludeman, SlSandahl that the city council: Council Meeting Minutes 1. 2. Appro amoun Motion carried 5-0. 248. Storage Containers at K-Mart nr i-hc Council Member Kirsch stated the storage containers located in K-Mart's parking lot were still in place. Public Safety Director Morgan stated that they were being used on a temporary basis for the refixturing of the store and that they would be removed in about one week. 24C. Hampton Inn Project Mayor Hamilton asked about the status of the construction of the Hampton Inn Project. [1 Acting Community Development Director Palmborg stated that the developers had not yet finalized their financing package and that construction would not begin until this has been accomplished. 24D. City Tour for Nuisance Ordinance Violations Mayor Hamilton stated that during a tour of the city with Assistant Fire Chief Coughlin, 37 violations relating to weeds, trash, and parked cars were recorded. Mayor Hamilton asked that the city staff investigate the licensing of rental properties t~o assist in addressing these types of problems. 24E. Bloomington Health Inspections of Restaurants Mayor Hamilton stated that he had observed with City Manager Prosser a health inspection of a restaurant and found that the health inspector was very thorough and knowledgeable but had difficulty in communicating with the restaurant owner. He stated City Manager Prosser would monitor this situation. Item #25 CLAIMS AND PAYROLLS M/Ludeman, S/Sandahl that the following claims and payrolls be approved: 18 September 8, 1986 A rove a Chan a order to the Norb /Wilson Pond contract in the amount of 22,219.40 to extend the storm sewer lines to Legion Lake. Council Meeting Minutes 19 September 8, 1986 RICHFIELD STATE BANK Checks 7566/7649, 84949/85184 FIRST MINNESOTA Check 1045 FIRST WESTERN BANK Checks 3194/3214 Checks 14213/14639 Payroll Motion carried 5-0. ADJOURNMENT 1 ~~ $1,112,250.51 $ 15,000.00 $1,089,210.68 $ 279`, 925. D8 M/Kirsch, S/Sandahl that the meeting adjourn. Motion carried 5-0. The meeting was adjourned at 8:53 p Date Approved: 9/22/86 '~ Thomas P. Ferber City Clerk hn Ha Mayor J me D. Protsser ' C t Manager