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03-08-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING March 8, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. 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; Betsy Christensen, Health Administrator; 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/Sandahl, S/Priebe to approve the minutes of the Special City Council Meeting of February 22, 1993; and the minutes of the Regular City Council Meeting of February 22, 1993. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Doris Rubenstein, 6515 Emerson Avenue, spoke regarding a meeting in South Minneapolis sponsored by Minneapolis Council Members Steve Cramer and Carol Johnson, at which representatives of MnDOT discussed the I-35W Project. She stated that the plan MnDOT discussed at the meeting was different than originally presented by Commissioner Denn. She said the plan included a frontage road carrying 20,000 cars per day past her house on Emerson Avenue. City Manager Prosser indicated that the City knew that MnDOT had been exploring a ring road concept plan for the "commons" area that could result in less right of way needs in the area. He stated that the City is waiting for more information from MnDOT about the plan and that he was unaware of the design that Ms. Rubenstein described. Council Meeting Minutes -2- March 8, 1993 Ms. Rubenstein summarized a transportation conference she recently attended at which discussion was held about the Intermodal Surface Transportation Efficiency Act (ISTEA). She asked if Richfield was going to apply for ISTEA funding available for experimental transportation projects. City Manager Prosser stated that the City is considering application for ISTEA funds for the Soo Line Trial and 77th Street Project. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MARCH 1993 CHRONIC FATIGUE SYNDROME AWARENESS MONTH IN RICHFIELD. Council Member Priebe read a proclamation designating March 1993 as Chronic Fatigue Syndrome Awareness Month in the City of Richfield. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR Council Member Rosenberg requested that Item 4A, be removed from the consent calendar for discussion. Mayor Kirsch stated that item 4A. "CONSIDERATION OF APPROVAL OF AGREEMENTS FOR NICOLLET PARK REDEVELOPMENT PROJECT; BARYON-ASCHMAN ASSOCIATES, INC. IN AMOUNT NOT TO EXCEED $26,300 FOR SITE CONSULTANT SERVICES AND SCHWARZ-WEBER ARCHITECTS IN AMOUNT NOT TO EXCEED $10,800 FOR BUILDING AND ELECTRICAL CONSULTANT SERVICES C.L. 61" would be removed from the consent calendar and be replaced on the regular agenda as Item 13A. 4A. Removed from the consent calendar and placed on the regular agenda for consideration as Item 13A. B. APPROVED RESOLUTION ESTABLISHING AN ADJUSTMENT TO JUST COMPENSATION ESTABLISHED BY CITY COUNCIL FOR CITY GARAGE PARTIAL TAKING; 77TH STREET PROJECT C.L. 62 Council Meeting Minutes -3- March 8, 1993 RESOLUTION NO. 7985 RESOLUTION ESTABLISHING JUST COMPENSATION; 77TH STREET PROJECT - 7700 PILLSBURY This resolution appears as Resolution No. 7985 in Resolution Book No. 62. C. APPROVED RESOLUTION AUTHORIZING ACCEPTANCE. OF OFFERS FOR PARTIAL TAKINGS AT FORMER LAMBERT LUMBER SITE, CITY GARAGE AND ROOSEVELT PARK; 77TH STREET PROJECT C.L. 63 RESOLUTION NO. 7986 RESOLUTION AUTHORIZING ACCEPTANCE OF OFFERS; 77TH STREET PROJECT This resolution appears as Resolution No. 7986 in Resolution Book No. 62. D. APPROVED RESOLUTION AUTHORIZING PURCHASE OF 7648 LYNDALE AVENUE; 77TH STREET PROJECT C.L. 64 RESOLUTION NO. 7987 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 77TH STREET PROJECT - 7648 LYNDALE AVENUE This resolution appears as Resolution No. 7987 in Resolution Book No. 62. E. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF 626 EAST 77TH STREET, 7644 AND 7645 PARK AVENUE, 7644 COLUMBUS AVENUE AND 7645 13TH AVENUE; 77TH STREET PROJECT C.L. 65 RESOLUTION NO. 7988 RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY This resolution appears as Resolution No. 798$ in Resolution Book No. 62. F. APPROVED RESOLUTION AUTHORIZING PURCHASE OF 7646 LYNDALE AVENUE; 77TH STREET PROJECT C.L. 66 RESOLUTION NO. 7989 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY 77TH STREET PROJECT - 7646 LYNDALE AVENUE This resolution appears as Resolution No. 7989 in Resolution Book No. 62. Council Meeting Minutes -4- March 8, 1993 G. APPROVED AUTHORIZATION OF PAYMENT OF LEGAL DEFENSE FEES FOR FARRINGTON LAWSUIT TOTALING $20,301.72 C.L. 67 H. APPROVED PURCHASE IN EXCESS OF $5,000 FOR 118 1~"-2" DIAMETER BOULEVARD TREES FROM BACHMAN'S NURSERY WHOLESALE CENTER IN THE AMOUNT OF $7,902.30 C.L. 68 I. APPROVED PURCHASE IN EXCESS OF $5,000 FOR HEATING AND VENTILATION WORK AT MUNICIPAL GARAGE FROM MIDLAND HEATING AND AIR CONDITIONING, INC. IN THE AMOUNT OF $14,850 C.L. 69 J. APPROVED 1993 AUTO DETAILING LICENSE FOR ULTIMATE DETAILERS, 7726 COLFAX AVENUE C.L. 70 M/Priebe, S/Sandahl to approve the consent calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF APPLICATION FOR RENEWAL OF RESIDENTIAL RE~~~EL LICRNSE F®R RICF~ARD AT~D SAC"L3~YA Pn9®L~°E, 7133 PORTLAND AVENUE, 8 DOGS AND 1 CAT. C.L. NO. 71 City Manager Prosser reviewed Council Letter No. 71 Richard Wolfe, 7133 Portland Avenue, stated he wanted to know who was complaining about his dogs and that he was not the only person with dogs in the neighborhood. Mr. Wolfe indicated the City had not made it clear to him until now that he could not have more than six animals. recommending denial of the application of Richard and Sylvia Wolfe, 7133 Portland Avenue, for a residential kennel license for eight dogs and one cat. City Manager Prosser explained that the City Council had adopted a policy not to allow more than six animals, but that the ordinance did not state any limit. Wayne Voelker, 7127 Portland Avenue, stated he had originally signed in support of the application but believes he made a mistake. He stated strong opposition to granting the kennel license because of the noise and odor nuisance created by the animals. Emil Koebnick, 7120 Oakland Avenue, spoke in opposition to granting the kennel license based on the disturbance from the barking of the dogs. In response to Council Member Priebe's question, Mr. Koebnick stated he was absolutely positive that Mr. Wolfe's dogs were the source of the disturbance. Council Meeting Minutes -5- March 8, 1993 Keith Ersfield, 7138 Oakland Avenue, spoke in opposition to granting the kennel license because of the number of dogs and the noise of their barking. Harris Walterson, 7117 Portland Avenue, spoke in opposition to granting the kennel license because of the disturbance caused by the barking dogs. M/Susag, S/Priebe to close the Aublic hearing. Motion carried 5-0. Public Safety Director Erskine reviewed the background leading up to this residential kennel license renewal hearing. He stated the purpose of kennel licensing was to provide control and regulation for the keeping of animals in the City. Council Member Priebe stated the reason for kennel licenses is to restrict the number of animals so as not to disturb neighbors, especially because of the small residential lots in Richfield. He stated he would vote to deny the application based on the testimony. Council Member Sandahl, Susag, Rosenberg, and Mayor Kirsch all spoke in opposition to granting the residential kennel license based on the testimony presented by the neighbors. M/Susag, S/Priebe to deny the granting of a residential kennel license to Richard and Sylvia Wolfe, 7133 Portland Avenue. Motion carried 5-0. Item #6 CONSIDERATION OF RESOLUTION COMMENTING ON ENVIRONMENTAL ASSESSMENT FOR INTERIM THIRD LANE ON I-35W FROM 76TH STREET IN RICHFIELD TO TRUNK HIGHWAY 13 IN BURNSVILLE, MINNESOTA. C.L. N0. 72 City Manager Prosser reviewed Council Letter No. 72 regarding a resolution commenting on the Environmental Assessment for an interim third lane on I-35W from 76th Street to Trunk Highway 13 in Burnsville. Council Member Sandahl asked if the resolution reflected a position of supporting the interim third lane only if it is extended to 46th Street in Minneapolis. City Manager Prosser indicated that it did. Council Member Susag stated support for the interim third lane because it would relieve congestion and provide encouragement for increased bus service. Council Meeting Minutes -6- March 8, 1993 Council Member Rosenberg stated opposition to the interim third lane because an HOV lane is not a viable option for the corridor. Council Member Priebe asked questions regarding the feasibility and right of way needs of a third lane in the 62/I-35W commons. Community Services Director Fondrick explained that MnDOT is planning the redecking of the bridges in 1995 and that the additional lane could be constructed then without bridge support structure changes or any additional right-of-way. Council Member Priebe asked if such an improvement would jeopardize a future light rail transit option. Community Services Director Fondrick stated that the freeway would be totally rebuilt regardless of what option would be chosen. M/Susag, S/Sandahl that the following resolution be adopted• RESOLUTION COMMENTING ON THE ENVIRONMENTAL ASSESSMENT FOR AN INTERIM THIRD LANE ON I-35W FROM 76TH STREET IN RICHFIELD TO TRUNK HIGHWAY 13 IN BURNSVILLE, MINNESOTA Council Member Priebe suggested that the proposed resolution be amended to make it clearer that the City only supports the interim third lane if it is extended to 46th Street in Minneapolis. After Council discussion, Council Member Susag and Council Member Sandahl withdrew their motion to approve the resolution in order to include the following amendments to the resolution: 1) Paragraph 3 be amended by deleting the stricken language: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that: the-g~egesed-~mp~evemeat-ea-~-35W-#s aet-eppesed-by-the-6ity-ef-Riehf#eld---~t-is-the-w#sh-ef-the-E#ty 6eaaeil-e€-the-Eity-ef-R~eh€#end-te-p~evide-additieaa~-ee~eats ea-the-g~egesal-as-fellows= 2) That the paragraph 4 be renumbered as No. 2, that paragraph 5 be renumbered as number 1, and that their order be changed to reflect the renumbering. Doris Rubenstein, 6515 Emerson Avenue, encouraged the inclusion of a mass transit system for any I-35W solution. M/Susag, S/Priebe that the following resolution be adopted as amended; that it be spread in the resolution book and that it be made part of these minutes: Council Meeting Minutes -7- March 8, 1993 RESOLUTION NO. 7990 RESOLUTION COMMENTING ON THE ENVIRONMENTAL ASSESSMENT FOR AN INTERIM THIRD LANE ON I-35W FROM 76TH STREET IN RICHFIELD TO TRUNK HIGHWAY 13 IN BURNSVILLE, MINNESOTA Motion carried 4-1. (Rosenberg opposed) This resolution appears as Resolution No. 7990 in Resolution Book No. 62. Item #7 CONSIDERATION OF RESOLUTION DENYING REQUEST FOR CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR BUSINESS AT 7200 CEDAR AVENUE. C.L. N0. 73 City Manager Prosser reviewed Council Letter No. 73 recommending adoption of a resolution of findings of fact, conclusions, and decision of denying a request for a conditional use permit for an automobile repair business at 7200 Cedar Avenue. M/Sandahl, S/Susag 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. 7991 RESOLUTION DENYING REQUEST FOR CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR BUSINESS AT 7200 CEDAR AVENUE Motion carried 5-0. This resolution appears as Resolution No. 7991 in Resolution Book No. 62. Item #8 CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 601 OF THE CITY CODE CHANGING REPORTING REQUIREMENTS FOR RECYCLING HAULERS. C.L. NO. 74 City Manager Prosser reviewed Council Letter No. 74 regarding first reading of a proposed ordinance amendment changing the reporting requirements for recycling haulers. M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the April 12, 1993 Citv Council meeting. Motion carried 5-0. Council Meeting Minutes -8- March 8, 1993 Item #9 CONSIDERATION OF FIRST READING OF AN AMENDMENT TO INTERIM ORDINANCE REGULATING AND RESTRICTING DEVELOPMENT OF SECONDHAND GOODS STORES, PAWN SHOPS AND SIMILAR USES WITHIN THE CITY WHICH WOULD EXCLUDE ANTIQUE SHOPS FROM THE MORATORIUM. C.L. NO. 75 City Manager Prosser reviewed Council Letter No. 75 regarding a proposed amendment to the interim ordinance regulating and restricting development of secondhand goods stores, pawn shops and similar uses within the City which would exclude antique shops from the moratorium. Council Member Sandahl asked when the amendment would become effective. City Manager Prosser stated that after adoption by the City Council upon second reading, ordinance amendments become effective 30 days after publication in the official newspaper. Carol Thomas, 671 Sheridan Avenue, stated c©ncern that a proposed antique dealer may not locate in Richfield because of the delay. She also raised questions regarding the amendment wording that the business deal exclusively in antiques and collectibles more than 50 years old. She disputed the fact that antiques need be 50 years old and that age had any bearing on whether an item was collectible. After discussion, it was the consensus of the City Council that the City Attorney be directed to reword the amendment prior to second reading to reflect 30 years for antiques and not to restrict the classification of collectibles. M/Sandahl, S/Priebe that this constitute the First Readina of this ordinance as amended, and that the Public Hearing and Second Reading of the ordinance be scheduled for the April 12~. 1993 City Council meeting. Motion carried 5-0. Item #10 CONSIDERATION OF APPROVAL OF WORKERS' COMPENSATION STIPULATION FOR SETTLEMENT. C.L. NO. 76 City Manager Prosser reviewed Council Letter No. 76 recommending approval of a Stipulation for Settlement of a workers' compensation claim of a former firefighter employee. Council Meeting Minutes -9- March 8, 1993 M/Sandahl, S/Susag to approve the Stipulation for Settlement as outlined in Council Letter No. 76. Motion carried 5-0. Item #11 CONSIDERATION OF WITHDRAWAL OF PETITION TO BOARD OF WATER AND SOIL RESOURCES FOR BOUNDARY CHANGE TO REMOVE WOOD LAKE BASIN FROM MINNEHAHA CREEK WATERSHED DISTRICT AND ADD IT TO RICHFIELD BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION. C.L. NO. 77 City Manager Prosser stated Council action is not required on this item because it appeared the issues had been resolved last Friday. Item #12 CONSIDERATION TO ADOPT 1993 HUMAN SERVICE PRIORITY RECOMMENDATIONS FROM THE RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL. C.L. NO. 78 City Manager Prosser reviewed Council Letter No. 78 regarding the 1993 Human Service priority recommendations from the Richfield Community Human Services Planning Council (RCHSPC). Jean Fox, Vice Chair RCHSPC, presented the following 1993 human service priority recommendations from the Richfield Community Human Services Planning Council: 1. Family and Youth Issues 2. Health Issues 3. Diversity and Community Building Issues 4. Aging Issues 5. Violence and Abuse Issues She stated that the RCHSPC viewed the sixth priority issue, Communication and Information Issues, as having importance as a way to focus on bringing the top five issues to the attention of Richfield residents and as a part of the process of mobilizing resources. M/Sandahl, S/Rosenberg to adopt the 1993 human service priority recommendations of the Richfield Community Human Services Planning Council. Motion carried 5-0. Council Meeting Minutes -10- ~ March 8, 199s Item #13 CONSIDERATION OF APPOINTMENTS TO THE RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL. C.L. NO. 79 City Manager Prosser stated this item was being deferred to a future meeting to allow additional time for research and recruitment. Item #13A CONSIDERATION OF APPROVAL OF AGREEMENTS FOR NICOLLET PARK REDEVELOPMENT PROJECT; BARYON-ASCHMAN ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $26,300 FOR SITE CONSULTANT SERVICES AND SCHWARZ-WEBER ARCHITECTS IN AN AMOUNT NOT TO EXCEED $10,800 FOR BUILDING AND ELECTRICAL CONSULTANT SERVICES C.L. 61 Council Member Rosenberg asked if the neighborhood meetings had been conducted for the Nicollet Park redevelopment. Community Services Director Fondrick stated that the mailing list is being prepared to invite the residents to the meetings at which the consultants will assist in the design process. Therefore, the Council is being asked to approve the agreements with Barton-Aschman Associates, Inc. and Schwarz-Weber Architects. M/Sandahl, S/Susag to approve the agreements with the following consultants for the Nicollet Park redevelopment project: Barton-Aschman Associates, Inc in an amount not to exceed 526.300 for site consultant services and Schwarz-Weber Architects in an amount not to exceed 510,800 for building and electrical consultant services. Motion carried 5-0. Item #14 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport related issues: • The pre-application paperwork has been submitted to the Federal Aviation Administration (FAA) for the buyout of the New Ford Town and Rich Acres neighborhoods. • The New Ford Town/Rich Acres neighborhood committee has met with MAC regarding the buyout process and what agency will coordinate it. ~" Council Meeting Minutes -11- March 8, 1993 • State Representative Garcia and State Senator Riveness have introduced legislation to provide representation by a MAC Commissioner for each community adjacent to the airport. • Legislation has been introduced regarding tax replacement impact aid to the City and Schools. Item #15 LEGISLATIVE REPORT City Manager Prosser reviewed the following legislative issues: • Senator Riveness has introduced legislation which would require MnDOT to analyze alternative mass transit options for the I-35W corridor. • A provision of a bill which would have taken substantial zoning control away from cities has been deleted. • Despite revised revenue forecasts, the Governor has not rescinded cuts in LGA for cities. Item #16 COUNCIL DISCUSSION ITEMS Council Member Rosenberg invited residents of Ward 1 to a town meeting at Sheridan Hills School from 7:00 - 9:00 p.m. Council Member Susag announced that the Augsburg Park Friends of the Library will be conducting a book sale on Saturday, March 13 from 10:00 a.m. - 2:00 p.m. at the library. Item #17 CLAIMS AND PAYROLLS M/Priebe, S/Sandahl that the followincr claims and payrolls be approved• RICHFIELD BANK & TRUST CO. Checks 16573-16645; 37873-38109 51,293,360.89 NORWEST BANK Check: 1169 $ 10,000.00 FIRSTAR BANK Checks 7292-7305 S 812,284.29 Checks 65561-65596; 65696-65986 $ 352,025.31 Motion carried 5-0. Council Meeting Minutes ADJOURNMENT -12- March 8, 1993 M/Sandahl, S/Susag to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 8:46 p.m. Date Approved: 3/22/93 ~~~ A Thomas P. Ferber City Clerk Martin J. ir~ch Mayor J me D. Prosser C t Manager 1