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07-12-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING July 12, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Russ Susag; and Don Priebe. MEMBER NOT PRESENT: Susan Rosenberg. 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; Shawn Drill, Zoning Administrator; and Corrine Heine, Assistant 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/Susag to approve the minutes of the Special City Council Study Session of June 28, 1993; and the Regular City Council Meeting of June 28R 1993. Motion carried 4-0. 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 PRESENTATION OF PROCLAMATION DESIGNATING VALERIE, HUBERT AND ANTOINE DUMONT HONORARY CITIZENS OF RICHFIELD. Council Member Susag read and presented a proclamation designating Valerie, Hubert, and Antoine Dumont as honorary citizens of Richfield. Council Meeting Minutes -2- July 12, 1993 Item #3 COUNCIL APPROVAL OF AGENDA M/Priebe, S/Sandahl to approve the agenda. Motion carried 4-0. Item #4 CONSENT CALENDAR 4A. APPROVED RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE CONSTRUCTION AGREEMENT NO. PW 26-19-23 WITH HENNEPIN COUNTY AND AUTHORIZING EXPENDITURE OF ESTIMATED $5,289.35 OF RICHFIELD'S STORM SEWER UTILITY FUND MONIES TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH RESURFACING OF PENN AVENUE, 73RD STREET TO 75TH STREET C.L. 198 RESOLUTION NO. 8036 RESOLUTION AUTHORIZING EXPENDITURE OF AN ESTIMATED $5,289.35 OF RICHFIELD'S STORM SEWER UTILITY FUND MONIES TO OFFSET CERTAIN EXPENSES IN CONJUNCTION WITH THE RESURFACING OF PENN AVENUE, 73RD STREET TO 75th STREET This resolution appears as Resolution No. 8036 in Resolution Book No. 62. B. APPROVED PERSONNEL POLICY PERTAINING TO AIRLINE TRAVEL CREDITS C.L. 199 C. APPROVED PAYMENT OF LEGAL DEFENSE FEES TOTALING $6,460.48 FOR WILLIAMS LAWSUIT C.L. 200 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PERSONAL COMPUTER EQUIPMENT AND SOFTWARE FOR SECTION 8 PROGRAM FROM PORTICO COMPUTERS IN AMOUNT OF $13,142.10 C.L. 201 E. APPROVED PURCHASE IN EXCESS OF $5,000 TO REROOF WOOD LAKE NATURE CENTER'S SHOP AND GARAGE FROM COTY CONSTRUCTION COMPANY IN AMOUNT OF 55,785 C.L. 202 F. APPROVED REQUEST FOR ON-SALE NON-INTOXICATING MALT LIQUOR, ITINERANT PLACE OF AMUSEMENT AND ITINERANT FOOD LICENSES WITH FEE WAIVER FOR CHURCH OF THE ASSUMPTION FUNFEST ON AUGUST 14 AND 15, 1993 C.L. 203 G. APPROVED ESTIMATE #1 PAYMENT FOR NICOLLET PARK SITE IMPROVEMENT; HOFFMAN & MCNAMARA CO.; $91,504.72 M/Sandahl, S/Susag to approve the consent calendar. Motion carried 4-0. [] Council Meeting Minutes -3- July 12, 1993 Item #5 PUBLIC HEARINGS AND SECOND READING OF TRANSITORY ORDINANCES REGARDING SALE OF PROPERTY AT 6310 15TH AND 7112 FIRST AVENUES TO HRA AND AUTHORIZING LICENSE AGREEMENT WITH HRA. C.L. N0. 204 1 City Manager Prosser reviewed Council Letter No. 204 regarding two proposed transitory ordinances which would authorize the sale of the properties located at 6310 15th Avenue and 7112 First Avenue to the Housing and Redevelopment Authority for redevelopment of new homes. Council Member Priebe discussed the need to review the financial costs and benefits of this type of project which uses Community Development Block Grant (CDBG) funding. their July 19 meeting. City Manager Prosser stated that discussion of the policy issue related to the allocation of CDBG funds for housing is scheduled for the August City Council Study Session. He indicated that the HRA will also discuss this policy issue at M/Sandahl, S/Susag to close the public hearinct. Motion carried 4-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1993-10, Transitory Ordinance No. 17.51, authorizing and providing for the sale, transfer or other disposition of 6310 15th Avenue; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1993-11~ Transitory Ordinance No. 17.52, authorizing and providing for the sale, transfer or other disposition of 7112 First Avenue; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Council Meeting Minutes -4- July 12, 1993 Item #6 CONSIDERATION OF REQUEST FOR AMENDED FINAL DEVELOPMENT PLAN/CONDITIONAL USE PERMIT TO ALLOW RECONFIGURATION OF COMMERCIAL SPACE AT MARKET PLAZA, 700 WEST 66TH STREET. C.L. NO. 205 City Manager Prosser reviewed Council Letter No. 205 regarding a request from the Market Plaza Commercial Center for an amended final development plan/conditional use permit to allow a reconfiguration of commercial space at Market Plaza, 700 West 66th Street. Council Member Susag asked about the relocation of the current tenants. Tim Trimble, representing Market Plaza, stated Kinko's would be moving to the former Blockbuster Video location. Mayor Kirsch as2~ed about the conformance of the ne~3 signs to City standards. City Manager Prosser stated the signs would conform to LHN design guidelines. Council Member Priebe asked if the reconfiguration would increase the value of the center. City Manager Prosser indicated that it would maintain or increase the value if a greater percentage of space is leased as a result of the change. M/Sandahl, S/Priebe to close the public hearing. Motion carried 4-0. M/Sandahl, S/Susag to approve the amended final development plan/conditional use permit (case #93-APUD-1) as requested with a stipulation that if the rear area is to be developed as office space, the owners must demonstrate to staff that adequate on-site arking will be available. Motion carried 4-0. i ~- Council Meeting Minutes -5- July 12, 1993 Item #7 CONSIDERATION OF REQUEST FOR AMENDED FINAL DEVELOPMENT PLAN/CONDITIONAL USE PERMIT TO ALLOW SCREENING OF BALCONIES AT WOODLAKE POINT CONDOMINIUMS, 6500 WOODLAKE DRIVE. C.L. NO. Z06 City Manager Prosser reviewed Council Letter No. 206 regarding a request from the Woodlake Point Condominiums, 6500 Woodlake Drive, for an amended final development plan/conditional use permit to allow the installation of balcony screen enclosures. George Kotars, resident and board member of the Woodlake Point Homeowners Association, stated there was strong support from residents for allowing the screen enclosures. He stated the Association would assure compliance to specific rules so that enclosures will not detract from the appearance of the building. M/Sandahl-, S/Susag to close the public hearinct. Motion carried 4-0. M/Priebe, S/Sandahl to approve the amended final development plan/conditional use permit (case #93-APUD-2) for Woodlake Point Condominiums, 6500 Woodlake Drive, to allow installation of balcony screening enclosures for those owners who want them, with a stipulation that all screens be installed and maintained according to the established criteria, as outlined in the anDlication. Motion carried 4-0. Item #8 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE CERTAIN PARCELS EAST OF XERXES AVENUE BETWEEN 62ND STREET AND 64TH STREET FROM MULTIPLE RESIDENCE TO TWO FAMILY RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL. C.L. N0. 207 City Manager Prosser reviewed Council Letter No. 207 regarding a proposed zoning ordinance amendment to rezone certain parcels east of Xerxes Avenue between 62nd Street and 64th Street from MR (multiple residence) to MR-1 (two family residential) and R (single family residential). Council Member Susag asked if this would make any of these properties non-conforming under the MR-1 classification. City Manager Prosser stated that no property would become nonconforming. Council Meeting Minutes -6- July 12, 1993 Council Member Priebe asked how this rezoning action related to the updating of the zoning ordinance and comprehensive plan which was recently initiated by the City. City Manager Prosser stated the action would be consistent with the revisions. He explained that the City Council and the Planning Commission will be asked to redesignate the other remaining MR parcels to the appropriate classification. M/Susag, S/Priebe that this constitute the First Reading of an ordinance amendment rezoning certain parcels on the east side of Xerxes Avenue between 62nd Street and 64th Street from MR to MR-1 and R, and that the Public Hearing and Second Reading of the ordinance be scheduled for the August 9, 1993 City Council Meeting. Motion carried 4-0. Item #9 CONSIDERATION OF AGREEMENT FOR ASSESSMENT SERVICES WITH HENNEPIN COUNTY FOR THE PERIOD AUGUST 1, 1993 TO JULY 31, 1997. C.L. PTO. 208 City Manager Prosser reviewed Council Letter No. 208 recommending approval of an agreement for assessment services with Hennepin County for the period August 1, 1993 to July 31, 1997. M/Sandahl, S/Susag that the City Council authorize the City Manager to execute a renewal contract (#A07183) between the City of Richfield and Hennepin County for assessment services for the period August 1, 1993 to July 31, 1997. Motion carried 4-0. Council Member Priebe noting the utilization of consolidated services for assessing, asked if the City has looked at a similar arrangement for the Section 8 program. City Manager Prosser stated that the City had undertaken the Section 8 program because Richfield was losing $30,000 yearly when the Metropolitan Council HRA administered the program. He stated the program breaks even now that Richfield administers the program. Item #10 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport related issues: Council Meeting Minutes -7- July 12, 1993 • AIRPORT NOISE LEVELS IN SCHOOLS The Metropolitan Airports Commission (MAC) is in the process of selecting the schools outside the LDN65 near the airport to be studied for the impact of noise as required by recent State legislation. • DUAL TRACK TASK FORCE PANEL A final report is expected on August 1. The City had submitted comments expressing the need to address the noise issue at the current airport site. Council Member Priebe stated the next task force meeting will be July 15 at which time the new traffic operations forecast will be presented. • NEW FORD TOWN/RICH ACRES ACQUISITION The City will submit a proposal to the MAC in response to their Request•for Qualifications (RFQ) to provide appraisal, relocation, and property management services related to the proposed New Ford Town/Rich Acres buyout. Item #11 LEGISLATIVE REPORT City Manager Prosser stated he had received calls from local businesses indicating receipt of a letter from the City of Minneapolis about an I-35W plan review meeting sponsored by Minneapolis Council Members Cramer and Johnson, to be held on July 15. Council Member Susag stated that he would attend the meeting. He stated concern about the lack of cooperation from Minneapolis in working with other communities on this transportation issue. He noted that the City of Richfield will continue to communicate with its residents and businesses about I-35W and have not abdicated that responsibility to Minneapolis. Mayor Kirsch asked if the City had contacted the Richfield Chamber of Commerce. City Manager Prosser stated the Chamber is aware of the meeting and will be represented. Council Meeting Minutes -8- July 12, 1993 Item #12 COUNCIL DISCUSSION ITEMS Council Member Sandahl summarized the reasons why there was not a carnival at the 1993 Fourth of July event indicating that the carnival operator refused to provide evidence of insurability prior to the event. The City Council acknowledged the efforts of City staff and the Fourth of July Committee in conducting the community celebration. Council Member Susag announced that the Richfield Chamber of Commerce Golf Scramble and Barbecue will be held at the Rich Acres Golf Course on September 9, 1993. Item #13 CLAIMS AND PAYROLLS M/Priebe, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 17175-17242; 40063-40300 NORWEST BANK Check 1183 FIRSTAR BANK Checks 7517-7529 Payroll: 68673-68713; 69005-69421 Motion carried 4-0. ADJOURNMENT $1,023,282.64 $ 13,500.00 $ 746,505.17 $ 414,446.86 The meeting was adjourned by unanimous co en Date Approved: 7/28/93 ~~~'~" ~' rtin i ch U Thomas P. Ferber Jame D. Prosser City Clerk Cit Manager t 7:5~. p.m. Mayor