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06-08-1992CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 8, 1992 MEMBERS PRESENT: Martin Kirsch, Mayor; Ivan Ludeman; Michael Sandahl; Kristal Stokes; and William Bullock. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Byron Wallace, Community Development Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Gretchen Blank, Leisure Services Coordinator; and John Dean, City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Ludeman to a~Drove the minutes of the 1992 Richfield Board of Review Meeting of April 29. 1992; the minutes of the reconvened 1992 Board of Review Meeting of May 11, 1992; the minutes of the regular City Council Meeting of May 11, 1992; the minutes of the Special City Council Meeting of May 20, 1992; and the City Council Study Session Meeting of June 1, 1992. Motion carried 5-0. [1 Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Council Meeting Minutes -2- June 8, 1992 Item #2 PRESENTATION OF GENE JACOBSEN CITIZEN OF THE YEAR AWARD TO PAT RICKERT. C.L. NO. 122 John Boyle and Bob Florin of the Richfield Human Rights Commission presented the 1991 "Gene Jacobsen Citizen of the Year" award to Pat Rickert in recognition of his long history of commitment to the community in the area of human understanding and relations. Item #3 PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1992 MISS RICHFIELD CANDIDATES. C.L. NO. 123 Council Member Stokes read and presented Certificates of Appreciation to the following 1992 Miss Richfield Candidates and 1991 Miss Richfield Royalty: 1991 Miss Richfield x~®yal-~y Karen Althen, Queen Ann Marie Stroshane, Princess Susie Vanden Burg, Princess 1992 Miss Richfield Queen Candidates Amy Clendening Kari Savage Jennifer Eidsmo Marilynn Seashore Kris Hartle Katherine Smith Karen Lindstrom Katie Sumnicht Tara Magnuson Leslie Tapper Melissa Pearson Lanna Witthans Each candidate gave a short biography. Item #4 COUNCIL APPROVAL OF AGENDA M/Ludeman, S/Stokes to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR C Council Member Sandahl requested that Item #5F. be removed from the Consent Calendar for consideration. Council Meeting Minutes -3- June 8, 1992 Mayor Kirsch stated Item #5F. "CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1991 TO DECEMBER 31, 1991, CITY PROJECT NO. 864, 1991 ALLEY MAINTENANCE, AND SETTING DATE OF HEARING FOR JULY 27, 1992" would be removed from the consent calendar and placed on the regular agenda for consideration as Item 11A. 5A. APPROVED 1992 TO 1993 AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR PARTICIPATION IN URBAN CORPS INTERN PROGRAM C.L. 124 B. APPROVED REQUEST FOR ONE YEAR EXTENSION TO LOT COVERAGE VARIANCE FOR 6400 VINCENT AVENUE C.L. 125 C. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1993 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT N0. 883, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 126 RESOLUTION N0. 7876 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 883 This resolution appears as Resolution No. 7876 in Resolution Book No. 61. D. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1993 MAINTENANCE ASSESSMENTS, LHN PROJECT AREA, CITY PROJECT N0. 881, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 127 RESOLUTION NO. 7877 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 881 This resolution appears as Resolution No. 7877 in Resolution Book No. 61. E. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR 1993 MAINTENANCE ASSESSMENTS, ILN PROJECT AREA, CITY PROJECT N0. 882, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 128 Council Meeting Minutes -4- June 8, 1992 Mayor Kirsch stated Item #5F. "CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1991 TO DECEMBER 31, 1991, CITY PROJECT NO. 864, 1991 ALLEY MAINTENANCE, AND SETTING DATE OF HEARING FOR JULY 27, 1992" would be removed from the consent calendar and placed on the regular agenda for consideration as Item 11A. 5A. APPROVED 1992 TO 1993 AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR PARTICIPATION IN URBAN CORPS INTERN PROGRAM C.L. 124 B. APPROVED REQUEST FOR ONE YEAR EXTENSION TO LOT COVERAGE VARIANCE FOR 6400 VINCEN'~ AVENUE C.L. 125 C. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1993 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT NO. 883, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 126 RESOLUTION N0. 7876 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES 1'~ROVIDED ~'OP. ALLEX MAI~ITEN1-~TCE IN THE CITY OF RICHFIELD JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 883 This resolution appears as Resolution No. 7876 in Resolution Book No. 61. D. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1993 MAINTENANCE ASSESSMENTS, LHN PROJECT AREA, CITY PROJECT NO. 881, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 127 RESOLUTION NO. 7877 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 881 This resolution appears as Resolution No. 7877 in Resolution Book No. 61. E. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR 1993 MAINTENANCE ASSESSMENTS, ILN PROJECT AREA, CITY PROJECT NO. 882, AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 128 Council Meeting Minutes -5- June 8, 1992 RESOLUTION NO. 7882 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1991 THROUGH DECEMBER 31, 1991 CITY PROJECT NO. 863 This resolution appears as Resolution No. 7882 In Resolution Book No. 61. I. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1, 1991 TO DECEMBER 31, 1991, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR JULY 27, 1992 C.L. 132 RESOLUTION NO. 7883 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1991 TO DECEMBER 31, 1991 This resolution appears as Resolution No. 78.83 in Resolution Book No. 61. RESOLUTION N0. 7884 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1991 TO DECEMBER 31, 1991 This resolution appears as Resolution No. 7884 in Resolution Book No. 61. J. APPROVED PAYMENT AUTHORIZATION FOR WIDENING OF NORTHBOUND NICOLLET AVENUE BUS TURNOUT, LHN REDEVELOPMENT PROJECT, TO PROGRESSIVE CONTRACTORS, INC. IN THE AMOUNT OF $12,865.35 C.L. 133 K. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1992 TEE MOWER REELMASTER 216 FROM MTI DISTRIBUTING, INC. IN THE AMOUNT OF $8,203 C.L. 134 L. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TWO COMPUTERS FOR PUBLIC SAFETY DEPARTMENT FROM PC EXPRESS IN THE AMOUNT OF $6,746, PLUS $266.18 SALES TAX C.L. 135 M. APPROVED APPLICATION FOR RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE C.L. 136 N. APPROVED ESTIMATE #4 PAYMENT FOR STORM SEWER IMPROVEMENT AT 69TH AND XERXES AVENUE, S.M. HENTGES & SONS, INC., $89,883.10 Council Meeting Minutes -6- June 8, 1992 O. APPROVED FIRST AND FINAL PAYMENT FOR 1992 SIDEWALK, CURB AND GUTTER REPAIR, RYAN CONTRACTING, INC., $24,250.58 M/Sandahl, S/Bullock to aporove the Consent Calendar as amended. Motion carried 5-O. Item #6 CONSIDERATION OF A RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM. C.L. NO. NO. 137 City Manager Prosser reviewed Council Letter No. 137 regarding the proposed adoption of rules of procedure and decorum for City Council meetings for a trial period of one year. M/Sandahl, S/Stokes 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. 7885 RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR THE CITY COUNCIL MEETINGS Motion carried 5-O. This resolution appears as Resolution No. 7885 in Resolution Book No. 61. Item #7 CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR MINIATURE GOLF PROJECT AT VETERANS MEMORIAL PARK OF RICHFIELD. C.L. N0. 138 City Manager Prosser reviewed Council Letter No. 138 regarding the proposed plans and specifications for the miniature golf course project at Veterans Memorial Park of Richfield. Arne Lundmark, Adventure Golf Services, reviewed the design concept drawings of the proposed miniature golf course. Council Member Ludeman asked questions regarding elevations and water drainage related to the design. Mr. Lundmark reviewed the elevations of the course and waterfall features. He summarized the design concept for drainage and its relationship to other features in the park. 1 Council Meeting Minutes -7- June 8, 1992 Council Member Bullock asked if the course would meet the requirements of the American Disabilities Act (ADA). Mr. Lundmark stated that 9 holes of the course are designed to be handicap accessible and that the course should meet the law requirements. Community Services Director Fondrick responded to questions regarding the electric and water utility services availability for future expansion. Council Member Stokes asked questions regarding irrigation, lighting, and the gradation of handicap walkways. Mr. Lundmark stated that an irrigation system for the landscaping is included in the design, that a mixture of lighting designed to minimize insect impact would be utilized, and that the gradation of i foot in 12 is the standard for accessibility. At the request of Council Member Ludeman, Community Services Director Fondrick reviewed the internal financing of the project and the anticipated payback of approximately 5 years. He indicated fees are estimated to be $4.00 - $4.50 per round. M/Ludeman, S/Sandahl to order City Project 884, aporove the plans and specifications as provided by Adventure Golf Services: and authorize the advertisement for bids for the miniature golf course project at Veterans Memorial Park of Richfield. Motion carried 5-0. Item #8 CONSIDERATION OF APPROVAL OF CITY COMMENTS ON 135W DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) COMMENTS. C.L. NO. 139 Mayor Kirsch and the City Council Members indicated they had received several calls regarding the City's position about Light Rail Transit (LRT) on the Soo Line. The Mayor and City Council reiterated the City's position of strong opposition to LRT in the Soo Line right-of-way. Eunice Pittman, 6737 Grand Avenue, asked if this meant LRT would not be built on the Soo Line. Council Meeting Minutes -8- June 8, 1992 Council Member Bullock asked if the course would meet the requirements of the American Disabilities Act (ADA). Mr. Lundmark stated that 9 holes of the course are designed to be handicap accessible and that the course should meet the law requirements. Community Services Director Fondrick responded to questions regarding the electric and water utility services availability for future expansion. Council Member Stokes asked questions regarding irrigation, lighting, and the gradation of handicap walkways. Mr. Lundmark stated that an irrigation system for the landscaping is included in the design, that a mixture of lighting designed to minimize insect impact would be utilized, and that the gradation of 1 foot in 12 is the standard for accessibility. At the request of Council Member Ludeman, Community Services Director Fondrick reviewed the internal financing of the project and the anticipated payback of approximately 5 years. He indicat©d fees are estimated to be ~~"~.®® - ~~"..5® per round. M/Ludeman, S/Sandahl to order City Project 884, approve the plans and specifications as provided by Adventure Golf Services, and authorize the advertisement for bids for the miniature golf course project at Veterans Memorial Park of Richfield. Motion carried 5-0. Item #8 CONSIDERATION OF APPROVAL OF CITY COMMENTS ON I35W DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) COMMENTS. C.L. NO. 139 Mayor Kirsch and the City Council Members indicated they had received several calls regarding the City's position about Light Rail Transit (LRT) on the Soo Line. The Mayor and City Council reiterated the City's position of strong opposition to LRT in the Soo Line right-of-way. Eunice Pittman, 6737 Grand Avenue, asked if this meant LRT would not be built on the Soo Line. Council Meeting Minutes -9- June 8, 1992 City Manager Prosser reviewed Council Letter No. 139 regarding the I35W E.I.S. process. He stated all of the options have impact on the community. Mr. Prosser summarized the proposed position statement submittal of the City regarding the I35W E.I.S. which indicates support for the diamond lane option and strong opposition to LRT in the Soo Line right-of-way. He stated that MnDOT will choose one of the options and the design would have to be approved by the City Council, therefore it is unlikely that LRT could be placed on the Soo Line. Burt Miller, 6712 Pleasant Avenue, read a statement and presented a petition of 147 signatures (Clarks File No. C-329) on behalf of the SAVER (Save a Valued Environment in Richfield) Committee. The statement and petition requested that the City include in its official comments on the E.I.S. that "Richfield opposes any plans for Light Rail Transit (LRT) on the Soo Line right-of-way along Pleasant Avenue and, if LRT is determined to be part of I35W improvements through Minneapolis, it should continue on I35W through Richfield and Bloomington." City Manager Prosser stated that the City opposed LRT totally because it would also have a negative impact on the City if it was on I35W. He indicated opposing it on the Soo Line and endorsing an I35W LRT alternative weakened the City's position. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns about the political strength of those who support LRT and the danger that I35W be built and then LRT to be put on the Soo Line. He asked for each Council Member's position on the order of LRT alternatives. Mayor Kirsch, Council Members Bullock, Stokes, and Sandahl stated that if LRT was approved that the preference would be first Cedar Avenue corridor and second the I35W Corridor with the Soo Line being totally unacceptable. Council Member Ludeman stated he did not support LRT at all and that the diamond/Hov Lane was superior to LRT as a mass transit system. Burt Miller, 6712 Pleasant Avenue, questioned whether Minneapolis and Hennepin County would support Cedar Avenue for LRT. City Manager Prosser stated that the Cedar Avenue corridor would be advantageous as a parallel route to I35W, connection to the airport terminal, and connection to the Mall of America. It would be less disruptive to the Richfield community. Community Services Director Fondrick stated that putting LRT on I35W would force additional traffic onto local arterials such as Portland, Penn, Nicollet, and Lyndale Avenues requiring additional lanes and disruption to the community. Council Meeting Minutes -10- June 8, 1992 Hugh Weber, 7620 16th Avenue, suggested that MnDOT electrify the highway so that electrical power can be utilized in the future. Lawrence Wozniczka, 6744 Wentworth Avenue, read a statement (Clerks File No. C-330) regarding concerns about the economic impact on Richfield of expanding I35W. Mr. Wozniczka suggested the Council support the "no build" alternative because it would reduce the economic loss to Richfield. City Manager Prosser noted that the "no build" alternative would have a negative environmental and traffic impact on properties of local arterials and necessitate expansion of these local arterials. M/Ludeman, S/Bullock to approve the City's submittal of written comments in response to the I35W Draft Environmental Impact Statement as contained in the council agenda packet letter attachment to Council Letter No. 139. Motion carried 5-0. J Item #9 CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR FIREWORKS FOR FOURTH OF JULY CELEBRATION FROM AMERICANA FIREWORKS DISPLAY COMPANY IN THE AMOUNT OF $11,000. C.L. NO. 140 City Manager Prosser reviewed Council Letter No. 140 regarding the proposed purchase of fireworks for the Fourth of July Celebration from American Fireworks Display Company. Council Member Stokes expressed concern about the City's ability to continue funding the fireworks display given the budget constraints facing the City. City Manager Prosser stated that it is unlikely the City will be able to fund the fireworks next year. He indicated that in past discussions with the Fourth of July Committee, fund raising and corporate sponsorship have been suggested to fund the fireworks in the past. After discussion, it was the consensus of the Council to direct the City Manager to notify the Fourth of July Committee that they should explore fund raising and corporate sponsorship as the funding source for future fireworks displays because of the unlikelihood of City funding. Council Meeting Minutes -11- June 8, 1992 M/Ludeman, S/Bullock to authorize the City Manager to execute a contract and payment in the amount of 511.000 to Americana Fireworks Display Company for fireworks and staff to do the display for the 1992 Richfield Fourth of July Celebration. Motion carried 5-0. Item #10 CONSIDERATION OF APPROVAL OF APPLICATION FOR COMMUNITY CELEBRATION EVENT LICENSE WITH REQUEST FOR FEE WAIVER BY FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED ON JULY 4, 1992. C.L. N0. 141 City Manager Prosser reviewed Council Letter No. 141 regarding the application of the Fourth of July Committee for a Community Celebration Event License and waiver of the $5000 license fee. M/Ludeman, S/Sandahl to approve the Community Celebration Event License for the Fourth of July Committee for activities to be held on July 4, 1992 and to waive the license fee. Motion carried 5-0. Item #11 CONSIDERATION OF APPROVAL OF APPLICATION FOR RENEWAL OF RESIDENTIAL KENNEL LICENSE, 7209 12TH AVENUE, 4 DOGS C.L. NO. 142 City Manager Prosser reviewed Council Letter No. 142 regarding the request of Ronald and Margaret Glaub, 7209 12th Avenue, for renewal of a residential kennel license. M/Sandahl, S/Stokes to aporove the residential kennel license for Ronald and Margaret Glaub, 7209 12th Avenue, for four doss. Motion carried 5-0. Council Meeting Minutes -12- June 8, 1992 Item #11A CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1991 TO DECEMBER 31, 1991, CITY PROJECT NO. 864, 1991 ALLEY MAINTENANCE, AND SETTING DATE OF HEARING FOR JULY 27, 1992. C.L. 129 Council Member Sandahl stated he had spoken to a citizen who had concerns regarding this item, therefore, he had requested its removal from the consent calendar. The citizen was no longer present, however, he could still comment at the public hearing on July 27. M/Sandahl, S/Bullock 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. 7886 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1991 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 864 Motion carried 5-O. This resolution appears as Resolution No. 7886 in Resolution Book No. 61. RESOLUTION NO. 7887 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1991 ALLEY MAINTENANCE AND SNOWPLOWING CITY PROJECT NO. 864 Motion carried 5-O. This resolution appears as Resolution No. 7887 in Resolution Book No. 61. Item #13 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues: 1. Runway 4-22 Extension Draft E.I.S. The deadline for comments is July 6. The City has appealed the decision not to disclose certain documents. 1 2. Dual Track Analysis Economic issues regarding a new airport including the possible lack of FAA funding raise questions. Council Meeting Minutes ADJOURNMENT -13- June 1992 M/Ludeman, S/Sandahl to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:20 p.m. 1 Date Approved: 6/22/92 Thomas P. Ferber City Clerk Martin J. rsch Mayor am s D. Prosser i Manager