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01-08-1990CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING January 8, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan Ludeman; Martin Kirsch; and Michael Sandahl. 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; Jack 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 ayor Quam l~zi-'the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Garcia to approve the minutes of the regular City Council Meeting of December 11 1989; and the minutes of the Special City Council Meeting of December 18, 1989. Motion carried 5-0. Mayor Quam stated that due to special circumstances it was requested that Item #13 be considered first on the Agenda. M/Sandahl, S/Kirsch to consider Item #13, Public Hearing on an Amendment to an Off-street Parking Permit for 1537 East 66th Street first on the Agenda. Motion carried 5-0. Item #13 CONSIDERATION OF A RESOLUTION AMENDING THE OFFSTREET PARKING CONTRACT WITH GOLD EAGLE WASH, 1537 EAST 66TH STREET. C.L. N0. 17 City Manager Prosser reviewed Council Letter No. 17 regarding a request by John Erickson, owner of Richfield Gold Eagle Wash, 1537 East 66th Street, for an amendment to the off- street parking to replace the redwood screen fence on the southern boundary with a chain link fence located to the north 70 feet. Council Meeting Minutes -2- January 8, 1990 John Erickson, applicant reviewed fence maintenance issues and his future intent to subdivide the property to create a separate lot of the southern portion of the site. He stated he would then sell the lot to finance improvements to the Gold Eagle Wash. City Attorney Dean reviewed subdivision, zoning, and special use issues related to the potential subdivision of the parcel. Jim Ferrel, representing Elizabeth Doherty, 6620 16th Avenue, spoke in opposition to moving the fence and stated preference that the fence be constructed of redwood. He expressed concern about the future of the adjacent property. John LaFrance, 6621 Bloomington Avenue, stated support for the existing location of the fence and redwood materials. John Conzemius, 6609 16th Avenue, stated support for the existing location of the fence and redwood materials. He indicated concern about use of the site and the parking of trucks on the site. J®hn Erickson stated a chain link fence would be more durable. He stated that if he subdivided the lot he did not want to bear the cost of building another fence. Council Member Garcia stated the fence should remain in its current location because it's purpose was to screen the residential area from commercial area. Council Member Ludeman expressed concern about the applicants financial condition and possible deterioration of the site if he went out of business. Discussion followed regarding whether the Council could postpone a decision to allow the applicant time to begin the subdivision process or to determine what he will do with the property by spring. City Attorney Dean reviewed the options for council action. M/Garcia S/Kirsch to close the public hearing. Motion carried 5-0. M/Sandahl, S/Ludeman to continue consideration of an amendment to the off-street harking contract for Richfield Gold Eagle Wash. 1537 East 66th Street, to the May 28. 1990 Council Meetinv. Motion carried 5-0. Council Meeting Minutes -3- January 8, 1990 Item #1 PRESENTATION OF PROCLAMATION TO REPRESENTATIVES OF THE HUMAN RIGHTS COMMISSION RELATING TO THE ALL RICHFIELD MARTIN LUTHER KING, JR. CELEBRATION. C.L. NO. 1 Mayor Quam read and presented a proclamation designating Sunday, January 21, 1990 as All Richfield Ethnic Celebration Day in Honor of Martin Luther King, Jr. to Jean Fox, Richfield Human Rights Commission and Pastor John Chell, Richfield Ministerial Association. Jean Fox reviewed the events planned for the All Richfield Ethnic Celebration to be held at House of Prayer Church, 7625 Chicago Avenue, Sunday, January Z1, 1990, 4:00 P.M. - 7:00 P.M. Pastor John Chell invited all Richfield residents to celebrate their diversity at the event and asked the City Council for their support in promoting the event. Item #2 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Paul Knudson, 640 Gorman Street #308, asked that the City Council consider a proposal for settlement of pending litigation. Mayor Quam stated that Mr. Knudson's letter had been referred to the City Attorney. City Attorney Dean stated that Jim Thompson of Holmes & Graven is handling this case. He stated that discussion of any pending litigation settlement would have to occur at an Executive Session. Item #3 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Garcia to approve the agenda. Motion carried 5-0. Council Meeting Minutes -4- January 8, 1990 Item #4 CONSENT CALENDAR A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TELEPHONE ATTENDANTS CONSOLE TO BE USED BY PUBLIC SAFETY FROM CENTRON IN THE AMOUNT OF $8,471.40. C.L. NO. 2 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 134 TREES FOR 1990 BOULEVARD PLANTING, FROM BACHMAN'S IN THE AMOUNT OF $7,242.50. C.L. NO. 3 C. APPROVED CONTRACT WITH THE CITY OF BLOOMINGTON TO PROVIDE NURSING SERVICES FOR 1990. C.L. NO. 4 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR HIGH SERVICE PUMP #4 TO KEYS WELL DRILLING, IN AMOUNT OF $11,499. C.L. NO. 5 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR CASH REGISTERS AT RICH ACRES GOLF COURSE IN THE AMOUNT OF $5,385 FROM ADVANCED RETAIL SYSTEMS ~ SOFTWARE (NCR) IN THE AMOUNT OF $5,385. C.L. N0. 6 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPLACEMENT PUMP FOR WELL N0. 3, 6221 PORTLAND FROM KEYS WELL COMPANY IN THE AMOUNT OF $11,985. C.L. NO. 7 G. APPROVED PURCHASE OF THREE INTERMEDIATE SIZED VEHICLES FOR PUBLIC SAFETY DIRECTOR, FIRE CHIEF AND INSPECTIONS THROUGH HENNEPIN PURCHASING CONTRACT IN THE TOTAL AMOUNT OF $33,889. C.L. NO. 8 M/Ludeman, S/Garcia to approve the consent calendar. Motion carried 5-0. Item #5 SECOND READING AND PUBLIC HEARING OF AN ORDINANCE ADOPTING AN OFFICIAL MAP OF 77TH STREET. C.L. N0. 9 City Manager Prosser reviewed Council Letter No. 9 regarding a proposed ordinance amendment to adopt the Official Map of 77th Street. Mayor Quam acknowledged the receipt of a letter from Moss & Barnett on behalf of Motel 6, 7640 Cedar Avenue, in opposition to adoption of the ordinance (Clerks File No. C-308). Council Meeting Minutes -5- January 8, 1990 M/Ludeman, S/Kirsch to close the public hearincr. Motion carried 5-0. M/Kirsch, S/Sandahl that this constitute Second Reading of Bill No 1990-1, Amendment to Chapter V, Appendix B that it be published in the official newspaper and that it be made part of these minutes.. Motion carried 5-0. Item #6 PUBLIC HEARING AND CONSIDERATION OF THE ADOPTION OF A RESOLUTION APPROVING THE PENN AVENUE AND SIXTY-SIXTH STREET (PASSS) REDEVELOPMENT AND TAX INCREMENT FINANCING (TIF) PLANS. C.L. NO. 10 City Manager Prosser reviewed Council Letter No. 10 regarding approval of the Penn Avenue and Sixty-sixth Street (PASSS) Redevelopment and Tax Increment Financing (TIF) Plans. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concern that the City not sell bonds prior to a development contract. City Attorney Dean stated that under the Housing and Redevelopment Authorities Act and Tax Increment Financing Act that the City could not sell bonds until there was a development contract. Mayor Quam stated that the City had notified both the Richfield School District and Hennepin County regarding the proposed Tax Increment District. M/Kirsch, S/Garcia 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 Dart of these minutes: RESOLUTION NO. 7592 RESOLUTION APPROVING A REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE PENN AVENUE AND SIXTY-SIXTH STREET AREA ° REDEVELOPMENT PROJECT Mot ion carried 5-0 . This resolution appears as Resolution No. 7592 in Resolution Book No. 58: Council Meeting Minutes -6- January 8, 1990 Item #7 PUBLIC HEARING ON AN AMENDMENT TO THE CONDITIONAL USE PERMIT OF WALSER-MAZDA, 7700-7550 MORGAN AVENUE. C.L. NO. 11 City Manager Prosser reviewed Council Letter No. 11 regarding a request by Walser Mazda for an amendment to the existing conditional use permit at 7700-7750 Morgan Avenue. Council Member Ludeman stated that it was his understanding that city staff had approved the landscaping plan. He stated proper installation of the light bases can now be verified with x-rays rather than digging them up. Peter Beck, Attorney representing Walser Mazda, indicated that the main purpose for requesting the amendment to the conditional use permit was to clear up the light base issue and to implement the display/inventory parking concept. He requested that the council: 1) reduce the $14,000 landscape escrow, noting the most of the landscaping was complete, and 2) that the $5,000 esc~c®w Y®r a 77tI~ St~°eet and Dorgan Avenue traffic barrier be released or the barrier be installed. City Manager Prosser stated the City is continuing to monitor the 77th Street/Morgan Avenue traffic situation and anticipates final resolution within 120 days. He stated that the escrow should remain in effect at least until that time. He stated that the landscaping escrow should remain until staff reviews the status of the final plan with Walser to determine what remains to be completed. Mr. Heck agreed the 120 day timeframe regarding the traffic barrier and staff review of the landscape escrow status was reasonable and acceptable. Council Member Ludeman asked if there was agreement on the final landscape plan. Community Development Director Wallace stated there is a need for Walser to finalize and submit a drawing that incorporates all the prior changes so there is one final plan rather than several with penciled in changes. M/Sandahl, S/Ludeman to close the public hearincr. Motion carried 5-0. Council Meeting Minutes -7- January 8, 1990 M/Kirsch, S/Ludeman to approve the amendment to the existing amended conditional use permit for Walser Mazda 7700-7750 Morgan Avenue, with the following additional or changed conditions: 1. That a lighting plan, including the disposition of the .light bases installed without inspections, be approved by staff. 2. That any changes in the drainage plan necessitated by the demolition of the Viking Center be approved by-the City Engineer. 3. That a complete final landscaping plan, including fencing, and showing areas of landscaping material by species, size and exact location be approved by staff. 4. That there should be a minimum of eighty five outside parking spaces specifically designated and maintained for customers, employees, and service vehicles. Employees may not park on adjacent residential streets. 5. That the existing curb cuts on 77th Street be eliminated. 6. That the sidewalk on Morgan be extended to 77th Street with a wheel chair access ramp meeting city and state requirements. 7. That a 22 foot minimum drive aisle be maintained in the employee parking area. S. That the existing landscape escrow be reviewed by city staff for determination of appropriate amount of release. 9. That city staff will review-for final resolution in 120 days the traffic barrier issue at 77th Street and Morgan Avenue and disposition of the escrow funds dedicated for it. Motion carried 5-0. r ~, Item #8 PUBLIC HEARING ON AN AMENDMENT TO THE CONDITIONAL USE PERMIT OF WALSER-BUICK, 2100 WEST 78TH STREET AND 7745 PENN AVENUE. C.L. NO. 12 City Manager Prosser reviewed Council Letter No. 12 regarding a request by Walser Buick, 2100 West 78th Street and 7745 Penn Avenue, for an amendment to the existing conditional use permit. Council Meeting Minutes -8- January 8, 1990 Council Member Ludeman suggested that the requirement for removal of the billboards imposed in September, 1989 be reconsidered. He stated that the sign ordinance will require removal in seven years and he supported allowing the billboards to remain until then. City Attorney Dean reviewed the provisions of the sign ordinance as it applies to the elimination of such billboards. Peter Beck, attorney representing Walser Buick, reviewed the proposed amendments. He indicated that the applicant could not meet the 30 day stipulation for designation of the parking spaces until spring weather would permit painting. He reviewed the history of the development of the site. He asked that the billboards be allowed to remain. He indicated that they provided noise and light screening, carried utilities, and provided a divider between inventory and service cars. He stated that Henry Reget, owner of 2101-2.121 West 77th Street, had submitted a letter (Clerks File No. C-310) in support of Walser's request to keep the billboards. dames ®ergin, 7627 Oliver Avenue, spoke in opposition to allowing Walser change the conditions and keep the billboards. City Manager Prosser indicated that the City must work with businesses and the neighborhood on this type of issue. He stated Walser received their conditional use permit to expand with stipulations and now want to eliminate a stipulation. He stated that noise experts from MnDot and David Braslau Associates indicate the wall does not provide any buffer. He indicated that the neighborhood has been frustrated that Walser has not always met stipulations or done as they promised. Mayor Quam reviewed a letter from Robert E. Guthe, 7634 Oliver Avenue (Clerks File No. C-309), asking that Walser comply, with the condition of their conditional use permit by removing the billboards. Mayor Quam stated this was a City issue. He stated Walser was issued the permit with the stipulation that the billboards be removed and should honor their commitment. He stated that he does not support waiting 7 more years to eliminate the billboards. Council Member Garcia stated that Walser should not be allowed to go back on their commitment. Council Member Ludeman noted other stipulations had been met and the neighborhood parking problem had been resolved. He stated he had reservations about requiring one dealer to remove these type of billboards when another dealers remained. Council Meeting Minutes -9- January 8, 1990 It was the consensus of the council to change the completion date for condition No. 1 from 30 days to May 30, 1990. M/Garcia, S/Quam to close the public hearing. Motion carried 5-0. M/Garcia, S/Quam to approve the amendment to the existing amended conditional use permit for Walser Huick, 2100 West 78th Street, with the following additional or changed conditions: 1. That the signage designating parking spaces be approved by staff, installed by May 30, 1990 and that parking conform to the approved layout. 2. That no change be made in the condition previously imposed relating to the billboards. Motion carried 3-2. (Ludeman, Kirsch opposed) Item #9 FIRST READING OF AN ORDINANCE AMENDING THE COMPOSITION OF THE HUMAN RIGHTS COMMISSION FROM TEN MEMBERS TO THIRTEEN MEMBERS. C.L. N0. 13 City Manager Prosser reviewed Council Letter No. 13 regarding a proposed ordinance amendment to increase the membership of the Human Rights Commission from ten members to thirteen members. M/Sandahl, S/Ludeman that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the February 12, 1990 City Council Meeting. Motion carried 5-0. Item #10 CONSIDERATION OF A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF RICHFIELD FOR 1990, INCLUDING THE APPROVAL OF COLLATERAL. C.L. N0. 14 City Manager Prosser reviewed Council Letter No. 14 regarding°the designation of official depositories for the City of Richfield for 1990. Council Meeting Minutes -10- January 8, 1990 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. 7593 RESOLUTION DESIGNATING THE RICHFIELD BANK AND TRUST COMPANY A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1990 AND APPROVING COLLATERAL Motion carried 5-0. This resolution appears as Resolution No. 7593 in Resolution Book No. 58. 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 NO. 7594 RESOLUTION DESIGNATING THE FIRST WESTERN HANK-RICHFIELD A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 1990 AND APPROVING COLLATERAL Motion carried 5-0. This resolution appears as Resolution No. 7594 in Resolution Hook No. 58. 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 NO. 7595 RESOLUTION DESIGNATING THE FIRST MINNESOTA SAVINGS BANK A DEPOSITORY FOR THE INVESTMENTS OF CITY FUNDS IN 1990 AND APPROVING COLLATERAL Motion carried 5-0. This resolution appears as Resolution No. 7595 in Resolution Book No. 58. 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 NO. 7596 RESOLUTION DESIGNATING TWIN CITY FEDERAL SAVINGS AND LOAN AS A DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1990 AND APPROVING COLLATERAL Motion carried 5-0. This resolution appears as Resolution No. 7596 in Resolution Book No. 58. Council Meeting Minutes -11- January 8, 1990 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. 7597 RESOLUTION DESIGNATING MIDWEST FEDERAL SAVINGS AND LOAN AS A DEPOSITORY FOR THE INVESTMENT OF CITY FUNDS IN 1990 AND APPROVING COLLATERAL Motion carried 5-0. This resolution appears as Resolution No. 7597 in Resolution Book No. 58. 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 NO. 7598 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1990 Motion carried 5-0. This resolution appears as Resolution No. 7598 in Resolution Book No. 58. 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. 7599 RESOLUTION DESIGNATING CERTAIN SAVINGS AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 1990 Motion carried 5-0. This resolution appears as Resolution No. n Reso u on o0 0. Item #11 CONSIDERATION OF A RESOLUTION PROVIDING FOR INCREASES IN MILEAGE REIMBURSEMENT AND AUTO ALLOWANCE. C.L. N0.15 City Manager Prosser reviewed Council Letter No. 15 regarding proposed increases in the mileage reimbursement rate and monthly automobile allowances. Council Member Ludeman expressed concerns about raising the .monthly automobile allowance and who receives it. He stated that the actual miles should be logged for comparison. Council Meeting Minutes -12- January 8, 1990 City Manager Prosser indicated that the monthly automobile allowances had not changed since their establishment in 1979. He indicated 9 employees received this allowance. He stated that an actual log could be done for the next several months for comparison of costs. He noted that Richfield's automobile allowance was less than most cities. Council Member Garcia agreed to include in her motion that staff be directed to sample several months of mileage logs for comparison. M/Garcia, S/Sandahl to direct staff to sample and log actual mileage for cost comparison to the monthly mileage allowance and the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 7600 RESOLUTION ESTABLISHING MILEAGE REIMBURSEMENT RATE AND MONTHLY CAR ALLOWANCES Motion carried 5-0. This resolution appears as Resolution No. 76.00 in Resolution Book No. 58. Item X12 CONSIDERATION OF A RESOLUTION DISSOLVING THE CITIZENS ENERGY AWARENESS COMMITTEE. C.L. NO. 16 City Manager Prosser reviewed Council Letter No. 16 regarding proposed action to dissolve the Citizens Energy Awareness Committee. The City Council acknowledged the work of committee and directed staff to send a letter thanking committee members for their work. 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. 7601 RESOLUTION REPEALING RESOLUTION NUMBER 5881 OF THE CITY COUNCIL ADOPTED MARCH 13, 1978, WHICH RESOLUTION WAS ENTITLED "RESOLUTION ESTABLISHING A CITIZEN ENERGY AWARENESS COMMITTEE" Motion carried"5-0. This resolution appears as Resolution No. 7601 in Resolution Book No. 58. 1 Council Meeting Minutes -13- January 8, 1990 Item #14 DESIGNATION OF THE RICHFIELD SUN-CURRENT AS OFFICIAL NEWSPAPER FOR CITY OF RICHFIELD. C.L. NO. 18 City Manager Prosser reviewed Council Letter No. 18 recommending the designation of the Richfield Sun-Current as the Official Newspaper for the City of Richfield for 1990. M/Garcia, S/Sandahl to designate the Richfield Sun-Current published by the Minnesota Suburban Newspapers, as the Official Newspaper of the~City of Richfield for the wear 1990. Motion carried 5-0. Item #15 SETTING DATE FOR THE LOCAL BOARD OF REVIEW. C.L. NO. 19 City Manager Prosser reviewed Council Letter No. 19 regarding determination of the date of the 1990 Local Board of Review meeting for Richfield. M/Sandahl, S/Quam to confirm the County Assessor's selection of Monday, April 30, 1990 7:00 P.M. in the council chambers of Richfield City Hall for the 1990 Local Hoard of Review meeting. Motion carried 5-0. Item #16 CONSIDERATION OF WAIVER OF SUBDIVISION, 7225 GIRARD AVENUE. C.L. N0. 20 City Manager reviewed Council Letter No. 20 regarding the request of Robert and Donna Vidas, 7225 Girard Avenue, for a subdivision waiver. 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 NO. 7602 ' RESOLUTION AUTHORIZING SUBDIVISION WAIVER Motion carried 5-0. This resolution appears as Resolution No. 7602 in Resolution Book No. 58. Council Meeting Minutes -14- January S, 1990 Item #17 LEGISLATIVE REPORT City Manager Prosser stated that the City had been communicating it's concerns regarding the allocation of Local Government Aids (LGA) to local legislators. Item #18 COUNCIL DISCUSSION ITEMS Council Member Sandahl stated he had frequently observed a University of Minnesota bus parked on 76th Street east of 35W which was causing a traffic obstruction. City Manager Prosser indicated City staff would contact the bus company. Mayor Quam announced the new open enrollment policy of the Minneapolis Institute of Arts. Council Member Garcia requested that Commission Members who have served the maximum three terms receive special recognition from the Council at the conclusion of their service. Item #19 CLAIMS AND PAYROLLS M/Ludeman, S/Garcia that the following claims and payrolls be approved• RICHFIELD STATE BANK Checks 12258-12330; 107817-108029; 108036-108146; 108150-108318 FIRST MINNESOTA Check 1100 FIRST WESTERN BANK $1,618,730.25 $ 15,000.00 Checks 5307-5359 $3,756,406.36 Checks 33043-33072; 33077-33401 Payroll $ 328,075.18 (1/5) 32655-32683; 32694-33042 Payroll $ 330,253.84(12/21) Motion carried 5-0. 1 lJ Council Meeting Minutes ADJOURNMENT -15- January .8 , 1990 ~~nt at 9: 0 p.~n. -- ~,`'" f J. ~ a Mayor The meeting was adjourned by unanimous Date Approved: 1/22/90 Thomas P. Ferber City Clerk Ja es Prosser Ci ~ anaaer