09-28-1992CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
September 28, 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 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 Corrine
Heine, Acting 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/Bullock, S/Sandahl to approve the minutes of the regular
City Council Meeting of September 14, 1992.
Motion carried 5-0.
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.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Bullock, S/Ludeman to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes
-2- September 28, 1992
Item #3 CONSENT CALENDAR
3A. APPROVED RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING
ELECTION JUDGES FOR NOVEMBER 3, 1992 STATE GENERAL ELECTION
C.L. 223
RESOLUTION NO. 7917
RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING
JUDGES FOR THE STATE GENERAL ELECTION OF NOVEMBER 3, 1992
This resolution appears as Resolution No. 7917 in Resolution
Book No. 61.
B. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND
AUTHORIZING PURCHASE OF 7645 12TH AVENUE FOR 77TH STREET
PROJECT C.L. 224
RESOLUTION NO. 7918
RESOLUTION ESTABLISHING JUST COMPENSATION,
AUTHORIZING PURCHASE OF REAL PROPERTY
This resolution appears as Resolution No. 7918 in Resolution
Book No. 61.
C. APPROVED CHANGE ORDER NO. 1 FOR RESTORATION OF UP TO 29
TRAFFIC SIGNAL LOOP DETECTORS FOR LYNDALE AVENUE OVERLAY
PROJECT TO MIDWEST ASPHALT CORPORATION FOR SUM OF $14,065
C.L. 225
D. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR
CONSTRUCTION AND INSTALLATION OF FAIRWAY IRRIGATION SYSTEM
UPGRADE AT RICH ACRES GOLF COURSE TO NORTHERN IRRIGATION
SYSTEMS, INC. IN AMOUNT OF $64,195 C.L. 226
E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR APPROXIMATELY 670
SQUARE YARDS BLACKTOP FOR STREET PATCHES OVER SEWER AND
WATER SERVICE DISCONNECTS FOR 77TH STREET PROJECT FROM
PLEHAL BLACKTOPPING FOR ESTIMATED TOTAL OF $6,700 C.L. 227
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR EMERGENCY REPAIR
TO ARENA BOILER AND REMOVAL OF ASBESTOS FROM PBBS EQUIPMENT
COMPANY IN AMOUNT OF $5,280 C.L. 228
G. APPROVED FIRST AND FINAL PAYMENT FOR 1992 SEALCOATING STREET
PROJECT; ALLIED BLACKTOP COMPANY; $64,086.21
H. APPROVED ESTIMATE #3 PAYMENT FOR PARK BUILDING AT JEFFERSON
PARK; C.O. FIELD COMPANY; $38,114.55
Council Meeting Minutes -3- September 28, 1992
I. APPROVED FINAL PAYMENT FOR WATER PLANT FILTER UNDERDRAIN
REHABILITATION; TONKA EQUIPMENT COMPANY; 57,290.00
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO
ALLOW PIZZA CARRYOUT AND DELIVERY BUSINESS AT 6401
LYNDALE AVENUE. C.L. NO. 229
City Manager Prosser reviewed Council Letter No. 229
regarding a request by Pizza Hut Delivery for a conditional use
permit to allow a carryout and delivery business at Woodlake
Plaza Shopping Center, 6401 Lyndale Avenue.
Council Member Stokes asked if a requirement to ban right
turns onto 64th Street by delivery drivers could be made a
stipulation of the conditional use permit (CUP).
Acting City Attorney Heine stated it could be included as a
stipulation of the CUP.
Discussion followed regarding the regulation of the right
turn movement from the property onto 64th Street in order to
prevent delivery trucks from using the neighborhood streets to
the east for non-local delivery trips.
Mike Brunz and Mike Gibbs spoke on behalf of Pizza Hut
D~1 ~orncerns-r he safety of making
a left turn from 64th Street onto Lyndale Avenue. They stated it
would be safer for drivers to use the neighborhood streets to
access 65th Street instead. Mr. Gibbs estimated 20-30 delivery
trips per hour during the peak of business.
Council Member Bullock expressed safety concerns about
adding the extra traffic to the neighborhood streets.
Council Member Ludeman stated that the Council is careful to
try to avoid allowing commercial traffic into a residential
neighborhood.
Mark Pederson, 500 West 64th Street, spoke in support of
banning right turns onto 64th Street from this property based on
safety issues.
Eileen Bentzen, 508 West 64th Street, spoke in support of
banning right turns onto 64th Street from this property based on
traffic volumes.
Council Meeting Minutes -4- September 28, 1992
M/Ludeman, S/Bullock to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to a Drove the conditional use permit
for Pizza Hut Delivery to allow a carryout and delivery business
in the Woodlake Plaza Shopping Center at 6401 Lyndale Avenue with
the following stipulations:
1. That a hose bib be provided for the dumpster area per
health code requirements.
2. That a cash escrow be provided for the proposed landscape
improvements.
3. That the employees, agents, and representatives of Pizza
Hut Delivery be prohibited from making a right turn from
the 64th Street curb cut of the Woodlake Plaza Shopping
Center; and not utilize 64th Street in an easterly
direction onto adjacent residential streets to proceed
with non-local deliveries. Non-local deliveries are
defined as deliveries outside the area bounded by
Crosstown Highway 62 on the north, Pleasant Avenue on the
east, 66th Street on the south, and Lyndale Avenue on the
west.
Motion carried 5-0.
M/Ludeman, S/Bullock to direct City staff to install or
require installation and enforce a "no right turn" regulation
sign at the exit from the Woodlake Plaza Shopping Center, 6401
Lvndale Avenue, onto 64th Street.
Motion carried 5-0.
Item #5 CONSIDERATION OF RESOLUTION APPROVING SPECIAL
LEGISLATION CONCERNING ADVANCE FUNDING FOR 77TH STREET
PROJECT. C.L. NO. 230
City Manager Prosser reviewed Council Letter No. 230
regarding a resolution to approve the special legislation passed
by the state legislature related to advance funding for the 77th
Street Project.
M/Ludeman, S/Bullock that the following resolution be
adopted; that it be spread in the resolution book and that it be
made Dart of these minutes:
L
J
RESOLUTION N0. 7919
RESOLUTION APPROVING SPECIAL LEGISLATION
CONCERNING ADVANCE FUNDING FOR THE 77TH STREET PROJECT
Council Meeting Minutes -5- September 28, 1992
Motion carried 5-0. This resolution appears as Resolution
No. 7919 in Resolution Book No. 61.
Item #6 CONSIDERATION OF RESOLUTION APPROVING SPECIAL
LEGISLATION CONCERNING INTERSTATE/LYNDALE/NICOLLET TAX
INCREMENT FINANCING DISTRICT. C.L. NO. 231
City Manager Prosser reviewed Council Letter No. 231
- - - regardinga~es~l-u~i-on t~--approve--the- s~ee~arl legislation passed
by the state legislature related to the fiscal disparities
contributions made by the ILN tax increment financing district.
Council Member Ludeman stated concerns that this special
legislation would transfer the fiscal disparities contribution to
the City as a whole. He spoke against this concept and stated
that T.I.F. projects should be able to stand on their own.
City Manager Prosser stated that the legislation provided
the City with flexibility for special circumstance to utilize the
option to transfer the fiscal disparities contribution from the
ILN district specifically to a City wide contribution.
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. 7920
RESOLUTION APPROVING SPECIAL LEGISLATION CONCERNING
THE INTERSTATE/LYNDALE/NICOLLET
TAX INCREMENT FINANCING DISTRICT
Motion carried 4-1. (Ludeman opposed) This resolution
appears as Resolution No. 7920 in Resolution Book No. 61.
Item #7 AIRPORT STATUS REPORT
City Manager Prosser reviewed the following. airport issues:
• The application process for the buyout of the New Ford
Town/Rich Acres neighborhoods.
• The discussions with the MAC regarding the interpretation of
legislation to increase funding for noise insulation.
• The status of the MSP Re-Use Task Force discussions.
• Mayor Kirsch's testimony on the dual track decision document
criteria.
Council Meeting Minutes -6- September 28, 1992
s The status of the PART 150 insulation program.
e The response to the City's comments on the E.I.S. for the
proposed extension of Runway 4-22.
Item #8 LEGISLATIVE REPORT
None.
Item #9 COUNCIL DISCUSSION ITEMS
None.
Item #10 CLAIMS AND PAYROLLS
M/Sandahl, S/Stokes that the following claims and n_avrolls
be aporoved:
RICHFIELD BANK
Checks 15852-15899; 35390-35588
NORWEST BANK
Checks 1154-1155
FIRSTAR BANK
Checks 7013-7033
Payroll 61382-61419; 61539-61903
Motion carried 5-0.
ADJOURNMENT
$1,296,546.74
$ 13,000.00
$ 640,702.81
$ 366,637.37
M/Ludeman, S/Sandahl to adiourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 7:45 p.m.
Date Approved:
10/12/92
Thomas P. Ferber
City Clerk
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Martin J. K sch Mayor
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D. Prosser
City Manager
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