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11-28-1988CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING November 2.8, 1988 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Michael Sandahl; and Martin Kirsch. MEMBERS ABSENT: Ivan Ludeman STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas P. Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; John Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Quam led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Kirsch to Session Meeting of November Meetina of November 14, 198 Meetina of November_14, 198 approve the minutes of 7, 1988; the Special C and the regular City e Stud Counc uncil Motion carried 4-0. i I~ Council Meeting Minutes -2- November 28, 1988 Ite^ #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO STAFF AND VOLUNTEERS OF THE MOOD LAKE NATURE CENTER FOR AN OUTSTANDING HALLOMEEN PROGRAM. C.L. 283 Mayor Quam presented Certificates of Appreciation to the volunteers and staff of the Wood Lake Nature Center for the outstanding Halloween program. The following staff and volunteers were present: Katie Peterson Dan Belting Tim Anderson David Bloomgren Andy MacPhail Shana Croll James Kranz Ann Sigford Tim Lundahl Chad Thurman Barry eloomgran Sara Morgantini Carly Sween Ite^ #2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the council. Item #3 STAFF REPORT ON THE PROCESS TO BE USED TO UPDATE RICHFIELD'S MASTER PARK PLAN. C.L. 284 Donald'Brauer, Park Planning Consultant, reviewed the process to be used to update Richfield's Master Park Plan. Mr. Brauer invited interested citizens to participate in the community based planning process. Item #4 COUNCIL APPROVAL OF AGENDA M/Garcia, S/Sandahl to approve the agenda. Motion carried 4-0. Council Meeting Minutes -3- November 28, 1988 0 Ite~ #5 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1989 TRASH PICKUP SERVICES AT CITY OWNED FACILITIES. C.L.-285 B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TWO CHECK VALVES FOR. HIGH SERVICE PUMPS AT RICHFIELD WATER PLANT C.L. 286 1 C. APPROVED ESTIMATE #4 PAYMENT TO METRO BUILDING SYSTEMS FOR ACADEMY OF THE HOLY ANGELS FIRE SUPPRESSION SYSTEM. $37,099.80 D. APPROVED ESTIMATES ~~3 AND ~~4 PAYMENT TO GORHAM-OEIN MECHANICAL FOR HOLY ANGELS FIRE SUPPRESSION SYSTEM. $27,875.70 E. APPROVED FINAL PAYMENT TO OUTDOORS ENVIRONMENT FOR RETAINING WALL RECONSTRUCTION. C.P. 838 $21,642.43 M/Sandahl, S/Garcia to approve the consent calendar. Motion carried 4-0. Itea #6 PUBLIC HEARING ON A REQUEST FOR SPECIAL USE PERMIT TO OPERATE A SIT-DOWN RESTAURANT WITH. A DRIVE-THRU WINDOM AT 6529 PENN AVENUE. C.L. 287 City Manager Prosser reviewed Council Letter No. 287 regarding a. request for a special use permit to operate a sit down restaurant which would include a drive-th.ru window at 6529 Penn Avenue. He stated a special use permit for a drive-thru window was approved on May 10, 1982, but was never built. As a result, the permit expired and applicant retained no rights under such permit and acquired no legal nonconforming use rights. The current ordinance precludes approving. a drive-thru window at this location. Ray Tharp, owner of 6529 Penn Avenue, reviewed the history regarding Hennepin County right-of-way acquisition at this site and the circumstances why the drive-thru window was never built. He stated that approval of the drive-thru window is necessary for the success of the proposed restaurant. Council Meeting Minutes -4- November 28, 1988 Ahmed Sonbol, 1420 Fairlawn way, reviewed the proposed restaurant concept. He reviewed sales figures from another fast food restaurant to show the importance of a drive-thru window to this type of business. He appealed to the council to approve the drive-thru window. Andrew Akins, ca-owner of the apartments located at 6520-26- 32 Oliver Avenue, stated his concern that if a drive thru was approved for this site that Taco Bell and Clark's Submarine Sandwiches would also seek the same. He stated concerns about drainage of the site, support for landscape improvements, and suggested that hours of operation be limited. Kevin Tharp, 3728 Lyndale Avenue, stated that it would not be feasible to add drive-thru windows to Taco Bell or Clark's because of the location of the buildings on the sites. He stated the drainage problem is addressed by the drainage plan approved by the City Engineer. Mayor Quam asked what legal procedure would be necessary to enable approval of a drive-thru window. City Attorney Dean stated that the ordinance would have to be amended to permit such a use. He then reviewed the ordinance amendment procedure. M/Quam, S/Garcia to close the public hearing. Motion carried 4-0. M/Garcia, S/Quam to approve the granting of a conditional use permit for a sit-down restaurant at 6529 Penn Avenue South sub3ect to the following stipulations: 1. The drive-thru window be excluded from the plan. 2. The site be landscaped along Penn Avenue and sufficiently screened from the abutting residential property to the east by features such as fencing and landscaping as approved by staff. 3. An underground sprinkler system be installed in the landscaped area as per staff approval. 4. Perimeter curbing be provided on the site including the alley from 66th Street. 5. All signage on the property meet the City's sign regulations. 6. The improvements meet all building and fire codes. Council Meeting Minutes -5- November 28, 1988 7. A cash escrow in the amount equivalent to the cost of total landscaping be provided for a period of one year to ensure that the landscaped area is adequately maintained. 8. The alley from 66th Street to the southeast corner of the site be repaired to the satisfaction of the City Engineer. 9. All improvements must be completed prior to the issuance of an occupancy permit. Motion carried 4-0. It was noted that this approval excludes the drive-thru window. Ite® #7 PUBLIC HEARING TO CONSIDER THE RENEWAL OF ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR DAVANNI'S INC., 2312 HEST 66TH STREET. C.L. 288 Agent Hollick reviewed Council Letter No. 288 recommending approval of the 1989 On-Sale Wine and Non-intoxicating Malt Liquor Licenses for Davanni's Inc. d/b/a Davanni's Pizza-and Hot Hoagies, 2312 W. 66th Street. M/Sandahl, S/Garcia to close the public hearing. Motion carried 4-0. M/Sandahl, S/Quam to approve the 1989 on-sale wine and non- intoxicating malt liquor licenses for Davanni's, Inc. d/b/a Davanni's Pizza and Hot Hoagies,_ 2312 W. 66th Street. Motion carried 4-0. Items #8 PUBLIC HEARING TO CONSIDER THE RENEWAL ON ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR MILLERS FIRESIDE PIZZA, INC., 6736 PENN AVENUE. C:L. 289 Agent Hollick reviewed Council Letter No. 288 recommending approval of the 1989 on-sale wine and non-intoxicating malt liquor licenses for Miller's Fireside Pizza, Inc. 6736 Penn Avenue. Council Meeting Minutes -6- November 28, 1988 M/Sandahl, S/Garcia to close the public hearing.. Motion carried 4-0. M/Sandahl, S/Quam to intoxicating malt liquor Inc. 6736 Penn Avenue wit provide a certificate of before December 31, 1988. rove the 1989 on-sale wine an enses for Miller's Fires de Pi he condition that the applican uor liability insurance to the U IIV11- zza, t City Motion carried 4-0. Item #9 PUBLIC HEARING TO CONSIDER THE RENEWAL OF ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR PAESANO'S 500 EAST 78TH STREET. C.L. 290 Agent Hollick reviewed Council Letter No. 290 recommending approval of the 1989 on-sale wine and non-intoxicating malt liquor licenses for Richfield Management Company d/b/a Paesano's located at 500 East 78th Street. M/Sandahl, S/Garcia to close the public hearing. Motion carried 4-0. M/Sandahl, S/Quam non-intoxicating malt 1 Company d/b/a Paesano's condition that the appl liability insurance to Motion carried 4-0. approve the 1989 on-sale wine and uor licenses for Richfield Mana ement ocated at 500 East 78th Street w th ant provide a certificate of liquor e City before December 31, 1988. Itew #10 PUBLIC HEARING TO CONSIDER THE RENEWAL OF ON-SALE MINE AND~NON-INTOXICATING MALT LIQUOR LICENSES FOR RICHFIELD INN LANG CO. D/B/A PARK INN INTERNATIONAL, LOCATED AT 76410 CEDAR AVENUE. C.L. 291 Agent Hollick reviewed Council Letter No. 291 regarding the renewal application of Richfield Inn Land Company d/b/a Park Inn International, 7640 Cedar Avenue for 1989 on-sale wine and non- intoxicating malt liquor licenses. He stated that the background investigation revealed that real estate taxes in the amount of $44,709.70 remain unpaid as of November 21, 1988. He stated that the Public Safety Department had been informed by the Minnesota 1 Council Meeting Minutes -7- November 28, 198.8 Department of Revenue-that state sales and withholding taxes have not been paid since July of 1988. Agent Hollick indicated that the State was investigating the possible violation of State Statutes regarding the resale of wine and non-intoxicating malt liquor purchased at retail. The applicant was informed that if the unpaid taxes are not paid before January 1, 1989, their wine and beer licenses will not be issued. In addition, these unpaid taxes could result in the motel-hotel and restaurant licenses not being issued. Ron Curtain, representing the Park Inn International, indicated that he thought these matters would be cleared up by December 31, 1988. M/Sandahl, S/Kirsch to close the public hearing. Motion carried 4-0. M/Sandahl, S/Quam to approve the 1989 on-sale wine and non- intoxicating malt liquor licenses for Richfield Inn Land Company, d/b/a Park Inn International, located at 7640 Cedar Avenue South, with the stipulation that the license will not be issued unless all state sales, withholding and general real estate taxes are paid before January 1, 1989. In the event these fees are not paid by January 1, 19$9 staff is directed. not to issue the on- sale wine and non-intoxicating malt liquor license and Park Inn is directed to cease sales of wine and non-intoxicating beverages. Motion carried 4-0. Mayor Quam requested that the Public Safety Department investigate the retail sale issues. Council Member Garcia asked that the council be provided with a breakdown between the restaurant and the hotel operation Public Safety contacts for future license hearings regarding this application. Item #11 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO SECTION 1155 OF THE ORDINANCE CODE ENTITLED MOTOR VEHICLE DEALERS RELATING TO SUPPORT ENFORCEMENT OF OFFSTREET PARKING PERMITS. C,L. 292 City Manager Prosser reviewed Council Letter No. 292 regarding a proposed ordinance amendment related to off-street parking. Council Meeting Minutes -8- November 28, 1988 Rick Kinsey, Wally McCarthy's Oldsmobile, asked for clarification of the definitions in the proposed ordinance. City Attorney Dean reviewed the content of the ordinance and it's purpose. M/Sandahl, S1Garcia to close the public hearing. Motion carried 4-0. M/Kirsch, S/Sandahl that this constitute Second Reading of Bill No. 1988-21, that it be published in the official newspape and that it be made part of these minutes. Motion carried 4-0. Item #12 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO THE CABLE RELIEF ORDINANCE OF 1985 (TRANSITORY ORDINANCE 17.20). C.L. 293 City Manager Prosser reviewed Council Letter No. 293 regarding a proposed ordinance amendment to the CATV Relief Ordinance provisions of Transitory Ordinance 17.20. M/Quam, S/Kirsch to close the public hearing. Motion carried 3-0. (Council Member Sandahl was absent when vote was taken. No. M/Kirsch, S/Quam that this orricial newsoaoer an constitute Second Reading of Bill e 17.34, that it be published in it be made Dart of these minutes. Motion carried 3-0. (Council Member Sandahl was absent when vote was taken. 1 Council Meeting Minutes -9- November 28, 1988 Item #13 COUNCIL CONSIDERATION OF A RESOLUTION APPROVING THE SOCIAL SERVICES AGENCY COMMITTEE REPORT AND RECOMMENDATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT FOR SERVICES FOR THOSE AGENCIES FUNDED BY THE CITY. C.L. 294 City Manager Prosser reviewed Council Letter No. 294 recommending approval of the Social Services Agency Committee recommendation to provide funding of social service agencies in the following amounts: VEAP Shared Transportation $2,800 Share-A-Home 500 Senior Outreach Services 2,300 Cornerstone 1,230 United Battered Families 1,230 TOTAL $8,060 Gordon Anderson, Chair of the Social Services Agency Committee reviewed the process the Committee used to formulate it's recommendation. M/Sandahl, S/Kirsch that the followin resolution be adopted; that it be spread in the resolut on book and that it be made part of these minutes-: RESOLUTION N0. 7478 RESOLUTION AUTHORIZING A REVISION OF 1989 BUDGET FOR OTHER AGENCIES DIVISION Motion carried 4-0. This resolution appears as Resolution No. 7478 in Resolution Book No. 57. Ites #14 COUNCIL CONSIDERATION OF A RESOLUTION OPPOSING THE CONSTRUCTION OF A NORTH/SOUTH RUNWAY AT THE MINNEAPOLIS ST. PAUL INTERNATIONAL AIRPORT. C.L. 295 City Manager Prosser reviewed Council Letter No. 295 regarding a proposed resolution opposing the adoption of the Metropolitan Council Task Force Airport recommendation to construct a north/south runway at Minneapolis-St. Paul International Airport. Council Meeting Minutes -10- November 28, 1988 Mayor Quam amended Section III of the proposed Resolution to read "not limited to" in the fourth line. Council Member Sandahl stated that the resolution was not strong enough in stating his concerns that the task force recommendations were based on inadequate data and projections. He suggested that Section II be amended to reflect this issue. Discussion followed regarding the wording of an amendment to this Section. Don Priebe, 7225 Bloomington Avenue, reviewed current capacity and operations figures which do not reflect the task force projections. Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that the testimony given at the November 10 Airport hearing be ,provided to the Metropolitan Council. Mayor Quam indicated that he understood the testimony had been transmitted to the Metropolitan Council. He reviewed the testimony he has given regarding the airport issues. He stated that he has also initiated contact with various civic groups, the Chamber of Commerce, and the School Board to assist in the efforts on the airport issue. Mayor Quam stated that Section II of the proposed resolution would be amended as suggested by Council Member Sandahl to read as follows: Section II -That careful consideration be given to development of adequate projections indicating the need for additional airport capacity as current projections have not proven accurate and have not demonstrated need for additional capacity. M/Sandahl, S/Kirsch that the f elution book and that it be mane part or tnese minutes: RESOLUTION N0. 7479 RESOLUTION OPPOSING ADOPTION OF METROPOLITAN COUNCIL TASK FORCE AIRPORT RECOMMENDATIONS Motion carried 4-0. This resolution appears as Resolution No. 7479 in Resolution Book No. 57. Council Meeting Minutes -11- November 28, 1988 Item #15 COUNCIL CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN CELEBRATE MINNESOTA 1990 AND SETTING THE PUBLIC HEARING FOR DECEMBER 12, 1988. C.L. 296 City Manager Prosser reviewed Council Letter No. 296 regarding the City's proposed participation in Celebrate Minnesota 1990 and setting a public hearing for December 12, 1988. M/Sandahl, S/Garcia that the following resolution be mane part or tnese minutes: RESOLUTION N0. 7480 RESOLUTION APPLICATION AND PRIMARY CONTACT PERSON FOR PARTICIPATION IN THE CELEBRATE MINNESOTA 1990 Motion carried 4-0. This resolution appears as Resolution No. 7480 in Resolution Boak No. 57. Items #16 COUNCIL CONSIDERATION OF A RESOLUTION REQUESTING HENNEPIN COUNTY BOARD CONVEYANCE OF TAX FORFEITED LAND AT 6941-45 PENN AVENUE. C.L. 297 City Manager Prosser reviewed Council Letter No. 297 regarding a request that the Hennepin County Board sell and convey the tax forfeited land at 6941-45 Penn Avenue to the Richfield HRA. M/Kirsch, S/Sandahl that the following resolution be mane part or tnese minutes: RESOLUTION N0. 7481 RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO SELL CERTAIN TAX FORFEITED LAND TO THE RICHFIELD HRA Motion carried 4-0. This resolution appears as Resolution Na. 7481 in Resolution Book No. 57. Council Meeting Minutes -12- November 28, 1988 Item #17 COUNCIL CONSIDERATION OF A RESOLUTION APPROVING THE ESTABLISHMENT OF THE 70TH STREET AND PENN AVENUE REDEVELOPMENT PROJECT AND PLAN. C.L. 298 City Manager Prosser reviewed Council Letter No. 298 recommending approval of the establishment of the 70th Street and Penn Avenue Redevelopment Project and Plan. M/Sandahl, S/Garcia to close the public hearing. Motion carried 4-0. M/Kirsch, S/Sandahl that the following resolution be adopted; that it be spread in the resolution book and tha made part of these minutes: RESOLUTION N0. 7482 RESOLUTION APPROVING THE 70TH STREET AND PENN AVENUE REDEVELOPMENT PROJECT AND REDEVELOPMENT PLAN RELATING THERETO Motion carried 4-0. This resolution appears as Resolution No. 7482 in Resolut on Book No. 57. Item #18 COUNCIL CONSIDERATION OF A RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR GENERAL SERVICES AND MANAGEMENT EMPLOYEES FOR 1989. C.L. 299 City Manager Prosser reviewed Council Letter No. 299 regarding the designation of the City's contribution toward health, term life and dental insurance premiums for General Services and Management employees for 1989. M/Sandahl, S/Garcia that the following resolution be_ adopted: that it be spread in the resolution book and that made part of these minutes: RESOLUTION N0. 7483 RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR GENERAL SERVICES ANO MANAGEMENT EMPLOYEES Motion carried 4-0. This resolution appears as Resolution No. 7483 in Resolution Book No. 57. Council Meeting Minutes -13- November 28, 1988 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. 7484 RESOLUTION RELATING TO THE 1989 MANAGEMENT SALARY COMPENSATION PLAN Motion carried 4-0. This resolution appears as Resolution No. 7484 in Resolution Book No. 57. M/Sandahl, 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. 7485 RESOLUTION RELATING TO THE 1989 GENERAL SERVICES SALARY COMPENSATION PLAN Motion carried 5-0. This resolution appears as Resolution No. 7485 in Resolution Book No. 57. M/Sandahl, S/Garcia that the following resolution__be ~ ado ted• that it be s read in the resolution book and that it be made part of these m nutes: RESOLUTION N0. 7486 RESOLUTION RELATING TO THE 1989 SPECIALIZED PAY PLAN Motion carried 4-0. This resolution appears as Resolution No. 7486 in Resolution Book No. 57. Item #20 CONSIDERATION TO SCHEDULE THE PUBLIC HEARINGS FOR THE RENEMAL OF ON-SALE LIQUOR LICENSES FOR THE DECEMBER 12, 1988 CITY COUNCIL MEETING. C.L. 301 City Manager Prosser reviewed Council Letter No. 301 regarding the scheduling of public hearings regarding on-sale liquor licenses for the December 12, 1988 city council meeting. M/Sandahl, S/Garcia to schedule December 12, 1988 as the date to hold public hearings on the renewal of liquor licenses for Chi. Chi's Mexican Restaurante• The Ground Round• American Legion Post No. 435; VFW Post No. 5555; Champp's of Richf eld and Discus Corporation. Motion carried 4-0. r Council Meeting Minutes -14- November 28, 1988 Item #21 AUTHORIZATION TO SELL CITY OWNED PROPERTY AT 6315 PORTLAND AVENUE TO THE HRA. C.L. 302 City Manager reviewed Council Letter No. 302 regarding the sale of the city owned structure located at 6315 Portland Avenue to the HRA for $2,100. M/Sandahl, S/Kirsch to authorize execution of an agreement to sell the structure located at 6315 Portland Avenue to the HRA for $2.100. Motion carried 4-0. Item #22 CORRESPONDENCE/LEGISLATIVE REPORT Mayor Quam stated that the FAA had announced that a scoping meeting for public input regarding the Runway 4-22 Extension E.I.S. will be held on Thursday, December 15, 1988 at 1:00 P.M. at Richfield City Hall. Mayor Quam stated that nominations for White House Fellowships are now being accepted. Mayor Quam stated that the City had been served with a lawsuit regarding the parking dispute between the HU8 property owners and U. S. Swim and Fitness. He stated the council would meet in Executive Session regarding the litigation after the regular council meeting. City Manager Prosser reviewed the issues in the dispute between the-two private parties and the City's actions to encourage mediation of the dispute Item #23 COUNCIL DISCUSSION ITEMS Council Member Garcia requested that some type of training be provided for the officers of City Commissions. City Manager Prosser stated that this would be done. i r I f~ 1 Council Meeting Minutes -15- November 28, 1988 Item #24 CLAIMS AND PAYROLLS M/Sandahl, S/Quam that the followina_claims and payrolls be approved: RICHFIELD STATE BANK Checks 10789-10818; 100009-100321 $810,984.99 FIRST MINNESOTA Check 1080 $ 45,000.00 FIRST WESTERN BANK Checks 4639-4658 $564,808.17 Checks 20275-20304; 20723-21056 Payroll $298,204.07 Motion carried 4-0. ADJOURNMENT The meeting was adjourned at 9:20 ~ Date Approved: 12/12/88 '~~~D 1~ ' Thomas P. Ferber City Clerk (~ Jam s D. Prosser Cit anager CITY OF RICHFIELD, MINNESOTA CITY COUNCIL EXECUTIVE SESSION November 28, 1988 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Michael Sandahl; and Martin Kirsch. MEMBERS ABSENT: Ivan Ludeman STAFF PRESENT: James Prosser, City Manager; Thomas P. Ferber, City Clerk; Byron Wallace, Community Development Director; and John Dean, City Attorney. ' The meeting was called to order by Mayor Quam at 9:21 p.m. City Attorney Dena reviewed the nature of the litigation against the City relating to the. parking dispute between the owners of the HUB Shopping Center and the owners of U.S. Swim & Fitness property. The meeting was adjourned at 9:32 p.m.