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09-27-1993CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING September 27, 1993 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; and Russ Susag. MEMBERS NOT PRESENT: Don Priebe. 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; 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 Meeting of September 8, 1993; and-the minutes of the Regular City Council Meeting of September 13 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 RESOLUTION FROM BOARD OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT 280, RICHFIELD PUBLIC SCHOOLS, CONGRATULATING CITY ON 1993 INNOVATIVE CITY AWARD. Nancy Rowley, Richfield Independent School District #280 Board Chairperson, read a resolution of the Board commending the City for the housing programs which resulted in the City's receipt of the 1993 Innovative City Award. Council Meeting Minutes -2- September 27, 1993 Item #2A PRESENTATION RELATED TO SUPPORT OF SELF-DETERMINATION FOR THE BALTIC REPUBLICS OF LATVIA, LITHUANIA AND ESTONIA. Mayor Kirsch read a proclamation passed by the City Council in September of 1991 condemning the use of military force in the Baltic Republics and supporting the Baltic Republics for their self-determination. Lia Ozols, 2012 West 68th Street, reviewed her trip to the Baltic states where she presented this proclamation to officials in Riga, Latvia. She reviewed the response from the Riga officials to the support of Richfield. Item #3 PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 27, ?993 H©CREv N30HT IN RICHFIELD. Council Member Susag read a proclamation designating October 27, 1993 as Hockey Night in Richfield. Steve Carroll, President of the Richfield Hockey Association, and Pat Rickert, Richfield Chamber of Commerce, encouraged community support and purchase of discount tickets for Richfield Hockey Night, October 27, at the Target Center for the Team USA vs. the University of Minnesota hockey game to benefit junior hockey. Jan Jacobson, Richfield Chamber of Commerce President, invited the public to the next Chamber luncheon at which City Manager Prosser will speak on the state of the City. Item #4 ACCEPTANCE OF DONATION FROM FRED BABCOCK VFW POST 5555 FOR PURCHASE, LICENSES AND FEES, PAINTING AND GRAPHIC APPLICATION OF SHOWMOBILE IN AMOUNT OF $7,631.08. C.L. NO. 271 Adler Strandquist and Commander Roger Fahrenkrug of the Fred Babcock VFW Post 5555 presented a $1000 check to the City as the first installment of a donation of $7631.08 for the purchase, license and fees, painting, and graphics for a showmobile. Council Meeting Minutes -3- September 27, 1993 Item #5 PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 1993 "SHARE YOUR CHAIR" MONTH SPONSORED BY FIRSTAR BANK OF MINNESOTA IN SUPPORT OF GOODWILL INDUSTRIES, INC./EASTER SEAL SOCIETY OF MINNESOTA'S MOBILITY EQUIPMENT LOAN PROGRAM. Council Member Rosenberg read a proclamation designating October 1993 as "Share Your Chair" month in the City of Richfield. Item #6 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 4-0. Item #7 CONSENT CALENDAR 7A. APPROVED REQUEST FOR OFF-STREET PARKING PERMIT AT 6421 CEDAR AVENUE C.L. 272 B. APPROVED RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF 1524 AND 1600 EAST 77TH STREET AND ADJACENT UNDEVELOPED PARCEL TO NORTH OF TWO APARTMENT BUILDINGS; PHASE II; 77TH STREET PROJECT C.L. 273 RESOLUTION NO. 8062 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY 77TH STREET PROJECT 1524 AND 1600 EAST 77TH STREET This resolution appears as Resolution No. 8062 in Resolution Book No. 62. C. APPROVED BID MINUTES/TABULATION, AWARD OF CONTRACT FOR RE- ROOFING OF ICE ARENA ROOF FROM G & B CONSTRUCTION FOR 5151,550 AND ACCEPTANCE OF ALTERNATE ONE BID FROM G & B CONSTRUCTION WITH UNDERSTANDING PRICE ADJUSTMENT OF $44,550 WILL BE USED ONLY IF CONDITIONS NECESSITATE C.L. 274 D. APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPAIR OF CAT 950 LOADER ENGINE FROM ZIEGLER, INC. IN AMOUNT OF $5,449.71 C.L. 275 Council Meeting Minutes -4- September 27, 1993 E. APPROVED ESTIMATE #2 PAYMENT FOR THREE GENERATORS FOR WATER TREATMENT PLANT MODIFICATIONS; FLAHERTY EQUIPMENT CORPORATION; 529,956.81 F. APPROVED ESTIMATE #2 PAYMENT FOR DEHUMIDIFIERS AT WATER TREATMENT PLANT MODIFICATIONS; BRY-AIR, INC.; $13,044.40 M/Susag, S/Sandahl to approve the consent calendar. Motion carried 4-0. Item #8 PUBLIC HEARING REGARDING CONSIDERATION OF APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE; 7001 PENN AVENUE, SIX CATS. C.L. NO. 276 City Manager Prosser reviewed Council Letter No. 276 recommending denial of the request of Joanne Ecklund, 7001 Penn Avenue, for a residential kennel license for six cats. Joanne Ecklund, 7®®? penis Aee~ue, spoke in support of the application indicating that if the license is denied, she would still retain the two outdoor cats. In response to Council Member Rosenberg's question, Ms. Ecklund stated she would agree to keep the cats indoors if granted the license. Jan Johnson, 7008 Oliver Avenue, spoke in support of the application noting that no one who complained about the cats attended this meeting nor did they participate in the mediation session. She stated that Mrs. Ecklund was getting blamed for other cats in the neighborhood. M/Susag, S/Sandahl to close the public hearing. Motion carried 4-0. Council Member Susag stated that other kennel licenses have been denied based on neighborhood concerns similar to this case. M/Susag, S/Sandahl to deny issuance of a residential kennel license to Joanne Ecklund 7001 Penn Avenue for six cats. Motion failed 2-2. (Rosenberg, Kirsch opposed) Assistant City Attorney Heine stated that the failure to approve or deny the residential kennel license requires that Mrs. Ecklund reduce the number of cats to two. Discussion followed regarding the issuance of a temporary residential kennel license to Mrs. Ecklund because of the tie vote making it impossible to approve or deny the application with one Council Member absent. Council Meeting Minutes -5- September 27, 1993 Council Member Rosenberg stated support for approving a 90 day temporary residential kennel license with the stipulations that all six cats remain inside and the five conditions established during mediation are met. M/Rosenberg, S/Susag to approve a temporary 90 day residential kennel license for Joanne Ecklund, 7001 Penn Avenue, for six cats subject to the following conditions: 1. No additional buildings will be constructed for the animals. 2. There will be no boarding and/or breeding of animals. 3. All cats are now neutered and, in the event any are replaced, they will also be neutered. 4. No more than six cats will be allowed. The eventual goal is to own no more than two cats. 5. All cats will be kept current on their rabies shots and city licenses. 6. All cats will be kept indoors. 7. Reconsideration of issuance of the kennel license is scheduled for January 10, 1994. Motion carried 4-0. City Manager Prosser stated staff will monitor the adherence to the conditions. Item #9 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SUBSECTION 905 OF CITY CODE BY ADDING NEW SUBSECTION 905.40 FOR PROHIBITION OF FEEDING DEER AND RACCOONS. C.L. NO. 277 City Manager Prosser reviewed Council Letter No. 277 regarding a proposed ordinance amendment to prohibit the feeding of deer and raccoons. Bill Bullock, 7121 Knox Avenue, Chair of the Friends of Wood Lake (FOWL) Board, stated the FOWL Board's unanimous support for the ordinance amendment. Winthrop Zocher, 6221 11th Avenue, suggested that the City communicate to residents that coating trash cans with liquid detergent will repel raccoons. Council Member Sandahl stated support for the ordinance amendment noting the safety issues related to deer/car accidents on adjacent roadways. M/Sandahl, S/Susag to close the public hearing. Motion carried 4-0. Council Meeting Minutes -6- September 27, 1993 M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1993-13, amending Section 905.40 prohibiting the feeding of deer and raccoons,. that it be published in the o€ficial newspaper and that it be made part of these minutes. Motion carried 4-0. Item #10 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE 7608-10 LOGAN AVENUE FROM MULTIPLE RESIDENCE TO TWO FAMILY RESIDENTIAL; AND REZONE 2814 WEST 72ND STREET, 7638 AND 7644 NEWTON AVENUE, AND 7639 AND 7645 OLIVER AVENUE, 7638 AND 7644 SHERIDAN AVENUE, AND 7639 AND 7645 THOMAS AVENUE FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENTIAL. C.L. NO. 278 City Manager Prosser reviewed Council Letter No. 278 regarding a proposed ordinance which would rezone 7608-10 Logan Avenue from multiple residence to two family residential; and rezone 2814 West 72nd Street, 7638 and 7644 Newton Avenue, and 7639 sand. 76x5 ©liver Ave~.~ae, 7638 sand 7fa44 Sheridan Avenue, and 7639 & 7645 Thomas Avenue from multiple residence to single family residential. Joan Fuller, 7638 Newton Avenue, asked questions regarding the impact of the rezoning on her property. Community Development Director Wallace stated that the assessed value of the property would not change due to this action. He stated the property was being rezoned to reflect the existing use. Lawrence Wozniczka, 6744 Wentworth Avenue, stated his interpretation of Fuller's question indicating that the question was one of the future use value. He also asked to be informed of any public hearing on the 76th Street West of I-35W Study. City Manager Prosser stated the rezoning would bring the property out of nonconformance and zone it as single family to reflect its use. He stated any future changes would require a public hearing. City Manager Prosser reviewed the resident involvement and evaluation process to be used in the 76th Street West of I-35W Study. Community Services Director Fondrick stated Mr. Wozniczka is on the mailing list for notification of the 76th Street Study. M/Susag, S/Sandahl to close the public hearing. Motion carried 4-0. Council Meeting Minutes -7- September 27, 1993 M/Susag, S/Rosenberg that this constitute Second Reading of Hill No 1993-14, amendment to Appendix I Zoning Code, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #11 CONSIDERATION OF RESOLUTION AUTHORIZING STUDY PERTAINING TO VARIOUS TYPES OF ADULT USES AND PLACING MORATORIUM ON DEVELOPMENT OF SUCH USES PENDING OUTCOME OF STUDY AND ANALYSIS BY CITY COUNCIL. C.L. NO. 279 City Manager Prosser reviewed Council Letter No. 279 regarding a resolution authorizing a study to be conducted pertaining to various types of adult uses and placing a moratorium on the development of such uses. Council Member Rosenberg stated support for the resolution indicating concern the City may be vulnerable to such businesses locating here. She asked questions regarding the prohibition of x-rated movies at such places as the Title Wave store. Assistant City Attorney Heine reviewed First Amendment, regulation, and prosecution issues related to x-rated movies. Assistant City Attorney Heine suggested that paragraph number 4 of the proposed resolution be amended by adding "adult novelty stores". The City Council accepted this amendment. M/Susag, 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. 8063 RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO VARIOUS TYPES OF ADULT USES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES Motion carried 4-0. This resolution appears as Resolution No. 8063 in Resolution Hook No. 63. Item #12 CONSIDERATION OF FIRST READING OF INTERIM ORDINANCE FOR PURPOSE OF PROTECTING PLANNING PROCESS AND HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS, AND REGULATING AND RESTRICTING DEVELOPMENT OF ADULT USES WITHIN CITY. C.L. N0. 280 City Manager Prosser reviewed Council Letter No. 280 regarding a proposed interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents, and regulating and restricting the Council Meeting Minutes -8- September 27, 1993 development of adult uses within the City. He stated Section 2.04 would be revised to include adult novelty stores to reflect the amendment made to Resolution No. 8063. 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 October 25, 1993 City Council meeting. Motion carried 4-0. Item #13 CONSIDERATION OF ONE APPOINTMENT TO ADVISORY BOARD OF HEALTH AND ONE APPOINTMENT TO COMMUNITY SERVICES COMMISSION. C.L. NO. 281 M/Sandahl, S/Rosenberg to table consideration of the appointments to the Advisory Board of Health and Community Services Commission until completion of interviews. M~tl®~ ~~rri~~ d-©o Item #14 CONSIDERATION OF PAYMENT OF WORKERS' COMPENSATION CLAIM IN AMOUNT OF $12,752.73. C.L. NO. 282 City Manager Prosser reviewed Council Letter No. 282 regarding approval of a payment of a workers' compensation claim in the amount of $12,752.73. M/Sandahl, S/Susag to approve the payment of 512,752 73 for the workers' compensation claim. Motion carried 4-0. Council Member Sandahl left at this time (8:15 p.m.) due to another commitment. Item #14A 77TH STREET PROJECT REPORT City Manager Prosser reviewed the impact of the traffic detour on 76th Street on the adjacent neighborhood. He indicated the City is monitoring the situation and evaluating additional signing and traffic control measures. Community Services Director Fondrick reviewed the status of the 77th Street Construction Project. Council Meeting Minutes -9- September 27, 1993 Council Member Susag commended the quick installation of the temporary sidewalk on 77th Street between Nicollet Avenue and Portland Avenue. Item #15 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport issues: • NEW FORD TOWN/RICH ACRES BUYOUT The MAC accepted the $12 million of funding authorized by the FAA for the buyout. The MAC will hold an information meeting for residents on October 19 at St. Kevin's School Gymnasium, 5844 28th Avenue. Rich Acres residents have expressed interest in hardship case buyouts while awaiting further .FAA funding. This will be investigated. The question has. been asked about the status of the Rich Acres Golf Course because of the buyout. The buyout is a noise mitigation project. Expansion of the airport or its runways is a separate issue. The question has also been asked about the impact of the buyout on the City budget. The impact of lost revenue is mitigated by the state aid formula and lessening of service area. The revenue loss to the City is estimated to be $50,000 and the City will seek replacement impact aid legislation. • PART 150 SOUND INSULATION PROGRAM STATUS • RUNWAY 4-22 EXTENSION PROJECT EIS STATUS • DUAL TRACK TASK FORCE REPORT STATUS Item #16 LEGISLATIVE REPORT None. Item #17 COUNCIL DISCUSSION ITEMS Council Member Rosenberg congratulated the Cornerstone Advocacy Service on its ten year anniversary. She reviewed the history of the agency's advocacy in domestic violence issues. Council Member Rosenberg stated she had recently visited with the firefighters and stated concern about the 4-1 ratio of mutual aid calls to Edina. She stated concerns that Richfield is subsidizing Edina or that the Richfield Fire Division is overstaffed . Council Meeting Minutes -10- September 27, 1993 Public Safety Director Erskine reviewed the advantages to mutual aid agreements with other agencies. He stated because of large commercial area in Edina adjacent to Richfield, there is a greater fire exposure and more calls. He indicated that the City has discussed this issue with Edina. Council Member Susag noted that mutual aid agreements are an example of the cooperation of municipalities in the metropolitan area to meet service delivery needs. Item #18 CLAIMS AND PAYROLLS M/Susag, S/Rosenberg that the following claims and payrolls be agproved• RICHFIELD BANK ~ TRUST CO. Checks:.17494-17549; 41413-41654 NORWEST BANK Check: 1189 FIRSTAR BANK Checks: 7640-7676 Payroll: 68901-68940; 71384-71679 Motion carried 3-0. ADJOURNMENT $ 955,253.47 $ 7,500.00 $ 552,001.46 $ 375,314.79 The meeting was adjourned by unanimous consent at 8:45 p.m. 1Q/11/93 d~ Date Approved: Martin J. rsch Mayor 1 Thomas P. Ferber ~ Ames D. Prosser City Clerk ty Manager 1