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02-28-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING February 28, 1994 MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. STAFF PRESENT: James Prosser, City Manager (arrived at 7:35 p.m.); 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; 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/Susag, S/Priebe to approve the minutes of the Special City Council Meeting of February 14, 1994; and the minutes of the Regular City Council Meeting of February 14, 1994. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nick Vossberg, 6340 Standish Avenue, commented on the City's legislative initiatives and policies related to the MHFA Blighted Properties Program. Item #2 PRESENTATION OF PROCLAMATION DESIGNATING MARCH 6-13, 1994 VOLUNTEERS OF AMERICA WEEK Council Member Sandahl read a proclamation designating March 6-13, 1994 as Volunteers of America Week in Richfield. Council Meeting Minutes -2- ;February 28, 1994 Items #8 PRESENTATION OF CERTIFICATES OF APPRECIATION TO ADOPT- A-PARK GROUPS. C.L. NO. 63 Mayor Kirsch and the City Council acknowledged the Adopt-A- Park groups for their service to the City. Council Member Rosenberg presented Certificates of Appreciation to the following groups who adopted parks in Ward 1: Organization Park Richfield/Edina/Bloomington Adams Hill Park Campfire Girls Rotary Club of Richfield Monroe Park USWest Richfield/Edina Community Madison Park Service Team St. Richard's School Donaldson Park Richfield Utilities Jefferson Park Sheridan Hills Elementary School Sheridan Park MN Vallega ~'adex sled ~3©r~an' s Club ~'aix w©©d Pax k of Richfield Council Member Susag presented certificates of Appreciation to the following groups who adopted parks in Ward 2: Organization Park Friends of Wood Lake Board of Wood Lake Nature Center Directors Community Center Senior Volunteer Memorial Park Pro f ect Richfield Garden Club Council Fremont Park Richfield Health Center Roosevelt Park House of Prayer Youth Group Augsburg Park Richfield Women of Today Little Bob's Park Richfield Bank and Trust Company Nicollet Park League of Women Voters Garfield Park Council Member Priebe presented certificates of Appreciation to the following groups who adopted parks in Ward 3: Organization Park Bethany Covenant Church Christian Park Richfield Optimist Club Veterans Memorial Park Wood Lake Girl Scout Service Unit Taft Park Friends of Jenny Rich Acres Park Oak Grove Lutheran Church Washington Park Mt. Calvary Lutheran School New Ford Town Park Council Meeting Minutes -3- February 28, 1994 Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR 5A. APPROVED RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF LARRY EMOND AND GLENN ERICKSON AS RESIDENT MEMBERS TO 1994 BOARD OF EQUALIZATION C.L. 64 RESOLUTION NO. 8112 A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION -' This resolution appears as Resolution No. 8112 in Resolution Hook No. 62. H. APPROVED RESOLUTION SETTING INTEREST PENALTY, CERTIFICATION `' FEE AND ASSESSMENT INTEREST RATE FOR DELINQUENT WATER AND SEWER UTILITY ACCOUNTS C.L. 65 RESOLUTION NO. 8113 RESOLUTION SETTING INTEREST PENALTY, CERTIFICATION FEE AND INTEREST ASSESSMENT FOR DELINQUENT WATER AND SEWER UTILITY ACCOUNTS C. APPROVED AUTHORIZATION TO EXECUTE TEMPORARY EASEMENTS ON CITY-OWNED PROPERTY FOR PHASE I CONSTRUCTION; 77TH STREET PROJECT C.L. 66 D. APPROVED BID MINUTES/TABULATION AND PURCHASE IN EXCESS OF $5,000 FOR NEW ARTICULATED SIDEWALK PLOW FROM MACQUEEN EQUIPMENT, INC. IN AMOUNT OF $44,646.93 C.L. 67 E. APPROVED PURCHASE IN EXCESS OF $5,000 FOR BOULEVARD TREE PLANTING IN 1994 FROM FAIR'S GARDEN CENTER, INC. IN AMOUNT OF $8,946 C.L. 68 F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR ROCK SALT FOR REMAINDER OF 1993/94 WINTER SEASON FROM CARGILL, INC. IN AMOUNT OF $7,680 C.L. 69 C®uncil Meeting Minutes -4- - ;•February 28, 1994 G. APPROVED ESTIMATE #4 PAYMENT FOR RICHFIELD ICE ARENA REROOFING; G&B CONSTRUCTION, YNC.; $29,359.99 M/Susag, S/Sandahl to approve the consent calendar. Motion carried 5-0. Item #6 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING MODIFICATION NO. 7 TO LYNDALE/HUB/NICOLLET (LHN) COMMERCIAL IMPROVEMENT PROGRAM WITH RSA MEDICAL OFFICE FACILITY APPROVED DURING LAST QUARTER OF 1993. C.L. NO. 70 Acting City Manager Devich reviewed Council Letter No. 70 regarding consideration of a resolution approving modification No. 7 to the LHN Commercial Development Improvement Program to incorporate the RSA medical office facility into the plan. ~,awrence Wozniczka, 6`44 ~en-~wor-ieT~ Av®nue, stated &~Ys opposition to the financial assistance for this project and stated concerns about procedural issues related to the sequence of pro3ect and program plan modification approvals. Mayor Kirsch suggested that City Manger Prosser schedule the project and program plan modifications closer together if possible in the future. Council Member Priebe stated that this is a housekeeping issue as a result of action by the HRA and City Council in November which is necessary to formally modify the original LHN Plan to conform. He stated he did have concerns about the financial assistance and impact on the Tax Increment Financing (T.I.F.) District which he had not been aware of when he voted far the project. Lawrence Wozniczka stated concerns about due process and the ability to influence the decision at the public hearing held at this time. Council Member Sandahl stated it was a procedural matter which provided for public input and the Council does accept the comments given. Council Member Susag stated that he would move the resolution noting this is a modification to update a program plan adopted originally in 1975. Council Member Priebe asked questions regarding the T.I.F. process, T.I.F. impact related to the RSA medical office facility, and purchase procedure. 1 Council Meeting Minutes -5- February 28, 1994 Community Development Director Wallace reviewed the T.I.F. project process and methodology indicating the assistance to the RSA project consisted of foregoing the increment on this property for the next seven years. M/Susag, S/Priebe to close the public hearing. Motion carried 5-O. 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. 8114 RESOLUTION-APPROVING MODIFICATION NO. 7 TO THE LYNDALE/HUB/NICOLLET COMMERCIAL IMPROVEMENT PROGRAM AND PLAN RELATING THERETO Motion carried 5-0. This resolution appears as Resolution No. 8114 in Resolution Book No. 63. Item #7 CONSIDERATION OF RESOLUTION SUPPORTING LEGISLATION TO UNCAP APPROPRIATION FOR TARGETED PROPERTY TAX REFUNDS FOR 1994. C.L. N0. 71 City Manager Prosser reviewed Council Letter No. 71 regarding a proposed resolution in support of H.F. 1826, a bill sponsored by State Representative Mahon which would remove the cap the 1994 appropriation for targeted property tax refunds and result in more Richfield properties qualifying for refunds. M/Sandahl, S/Rosenberg 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. 8115 RESOLUTION SUPPORTING H.F. 1826, UNCAPPING THE APPROPRIATION FOR TARGETED PROPERTY TAX REFUNDS FOR 1994 Motion carried 5-®. This resolution appears as Resolution No. 8115 in Resolution Book No. 63. Council Meeting Minutes -6- -`%~February 28, 1994 Item #8 CONSIDERATION OF RESOLUTION APPROVING SECOND EXTENSION OF MATURITY OF COMMERCIAL DEVELOPMENT REVENUE BONDS (RICHFIELD SHOPPES DEVELOPERS PROJECT). C.L. NO. 72 City Manager Prosser reviewed Council Letter No. 72 regarding a request from the law firm Faegre and Benson, representing Richfield Shoppes Developers, for approval of an extension of the maturity of it's Commercial Development Revenue Bond. M/Susag, S/Priebe that the following resolution be adopted; that it be spread in the resolution book and that it be made Dart of these minutes: RESOLUTION NO. 8116 RESOLUTION APPROVING EXTENSION OF MATURITY OF COMMERCIAL DEVELOPMENT REVENUE BOND (RICHFIELD SHOPPES DEVELOPERS PROJECT) M®`~YOn t:aPPYeC~ 5-®. xF~YS 5Z®8alutYan appears as Resolut"on No. 8116 in Resolution Hook No. 63. Item #9 CONSIDERATION OF RESOLUTION APPROVING REOPENER YSSUES OF LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 123 BARGAINING UNIT, FOR 1994. C.L. NO. 73 City Manager Prosser reviewed Council Letter No. 73 regarding approval of the negotiated labor agreement of reopener issues between the City and the Law Enforcement Labor Services Local 123 bargaining unit for the year 1994. M/Susag, S/Priebe that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 8117 RESOLUTION APPROVING REOPENER ISSUES OF LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 1994 Motion carried 5-0. This resolution appears as Resolution No. 8117 in Resolution Hook No. 63. Council Meeting Minutes -7- February 28, 1994 Item #10 CONSIDERATION OF RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO GUNSHOP USES AND PLACING A MORATORIUM ON DEVELOPMENT OF SUCH USES. C.L. NO. 74 City Manager Prosser reviewed Council Letter No. 74 regarding a resolution to authorize a study to be conducted to determine how gunshop uses should be regulated within the City and to adopt a moratorium on the development of gunshop uses pending completion of the study and adoption of any amendments to the City's zoning ordinance. Council Member Rosenberg stated support for local regulation of gunshop uses and noted that the Brady Bill became effective on this day. M/Sandahl,.S/Rosenberg 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. $118 " RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO GUNSHOP USES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES Motion carried 5-0. This resolution appears as Resolution No. 8118 in Resolution Book No. 63. Item #11 CONSIDERATION OF FIRST READING OF INTERIM ORDINANCE FOR PURPOSE OF PROTECTING THE PLANNING PROCESS AND HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING AND RESTRICTING DEVELOPMENT OF GUNSHOP USES WITHIN CITY. C.L. NO. 75 City Manager Prosser reviewed Council Letter No. 75 regarding first reading of a proposed interim ordinance to declare a one year moratorium on the development of gunshop uses within the City. Council Member Priebe asked about the likelihood of additional state legislation related to this issue and it's potential impact. Public Safety Director Erskine discussed the local issues relating to firearms purchases, charges for the permit approval process, and the impact of the Brady Bill. Council Meeting Minutes -8- -.F.~ February 28, 1994 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 March 28, 1994 City Council meeting. Motion carried 5-0. Item #12 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REGULATE DRIVEWAYS, PARKING AREAS AND SIDEWALKS IN SINGLE FAMILY AND LOW DENSITY SINGLE FAMILY DISTRICTS. C.L. NO. 76 City Manager Prosser reviewed Council Letter No. 76 regarding first reading of a proposed ordinance amendment to regulate driveways, parking areas, and sidewalks in single family (R) and low density single family (R-1) districts. He stated the ordinance would regulate parking setback, surface treatment, amount of impervious surface, number of parking spaces, and would set standards for driveways within the City boulevard. He indicated the ordinance wou~lo`1 also require a permi-~ ror expansion or installation of driveways, parking areas, and sidewalks. Audrey Hansen, 7230 Lyndale Avenue, expressed concerns about the property use, driveway access, and parking area of the property located next to hers. Council Member Priebe suggested staff investigate the issues discussed by Mrs. Hansen. M/Susag, S/Priebe that this constitute the First Reading of this ordinance and that the Public Hearing and Second Reading of the ordinance be scheduled for the March 28, 1994 City Council meeting. Motion carried 5-0. Item #13 CONTINUATION OF CONSIDERATION OF ZONING CLASSIFYCATION FOR UNLICENSED GROUP HOME FOR FIVE HANDICAPPED UNRELATED ADULTS. C.L. NO. 77 City Manager Prosser reviewed Council Letter No. 77 recommending that consideration of the zoning classification for an unlicensed group home be referred to a Special Officer to conduct a public hearing, make findings of fact and a recommendation to the Council by March 14, 1994. He stated the public hearing would be scheduled for March 8, 1994 at 7:00 p.m. in the Council Chambers. Council Meeting~Minutes -9- February 28, 1994 Edward Gerszewski, 7426 12th Avenue, owner of 6837-39 Lyndale Avenue, asked questions regarding the group home proposal of Tasks Unlimited. Mayor Kirsch invited Mr. Gerszewski and others interested in this issue to appear at the March 8 public hearing. M/Sandahl, S/Priebe to refer this issue to a Special Hearing Officer to conduct a public hearing on March 8, 1994 at 7:00 p.m., make findings of fact, and a recommendation to the City Council. Motion carried 5-0. Item #l~l CONSIDERATION OF APPOINTMENT TO HUMAN RIGHTS COMdrIISSION AND STUDENT APPOINTMENTS TO SISTER CITY COMMISSION. C.L. NO. 78 Mayor Kirsch stated that the City Council had conducted a Special Meeting at 6:30 p.m. this evening to discuss an appointment to fill the vacancy on the Human Rights Commission and to interview student applicants for appointment to student vacancies on the Sister City Commission. .. M/Sandahl, S/Susag to a~ooint Lorraine Prindle to the Human Rights Commission to the unexpired term which expires January 31, 1995 and to ~ooint Alirio Vanyo and Callie Gabor as student members of the Sister City Commission to terms which expire January 31. 1995. Motion carried 5-0. Item #15 CONSIDERATION OF REJECTION OF BID FOR ONE 20 PASSENGER AND 2 WHEELCHAIR CAPACITY BUS. C.L. NO. 79 City Manager Prosser reviewed Council Letter No. 79 recommending refection of the bid from Hoglund Hus Company because the bid did not meet specifications, the bid was higher than the amount budgeted for the bus, and the fact that the City has been informed it is now eligible for a grant if rebidding for the bus is done in conjunction with MnDot. M/Sandahl, S/Priebe to accept the bid minutes, bid tabulation, and reject the bid from Hoglund Bus Company for one 20 passenger and 2 wheelchair capacity bus in the base bid of 70 008. Motion carried 5-0. Council Meeting Minutes -10- 'February 28, 1994 stem X16 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues: • NEW FORD TOWN/RICH ACRES BUYOUT The appraisal and inspection process is proceeding on hardship cases according to the MAC schedule. The City conducted an open house on February 16 to provide information about the housing options available in the City for those who desire to relocate within Richfield. • RUNWAY 4-22 EXTENSION DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) The City has submitted written comments and received some limited responses from the MAC to requests for information. The City's main concerns relate to runway use and noise mitigation funding. The City will be scheduling a meeting with other affected Cities to discuss options and strategy. t~ futur® year C~.°%y Yssue will have a ques°~.i©~ aid answer section on this subject. • MSP AIRPORT LONG TERM COMPREHENSIVE PLAN Council Member Priebe presented the City's comments ~at the February 15 public hearing on the Alternative Environmental Document (AED) Scoping for the Comprehensive Plan. The comments by the City. include: * Encourage the MAC to. include all of the FAA Capacity Study Options. ~ Ground level noise should be a consideration ~ Information should be provided on flight path assumptions Council Member Priebe discussed the potential noise impact on southeast Richfield if the 4-22 extension and operations as proposed are approved. He indicated this would bring the airline brake release point as close to homes as those in south Minneapolis near the far parallel runway, which was the subject of a recent Star Tribune article. Ytem #17 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick stated that the contractor expects to resume work on the sound wall in March and that the bids for Phase II of the project will be awarded in April. Council Meeting Minutes -11- February 28, 1994 Community Services Director Fondrick stated that the water plant started producing soft water on February 15 and that work continues on completion of the water plant modifications. Item #18 LEGISLATIVE REPORT City Manager Prosser reviewed the status of Aid and High Speed Bus legislative initiatives. indicated that information regarding the cost of been provided to Senator Riveness as requested. City experiences a net loss of $600 in the prose offenses and desires some legislative relief. Item #19 COUNCIL DISCUSSION ITEMS the State Impact He also DWI arrests has He indicated ~ution of DWI Council Member Susag announced that a meeting is scheduled for March 3, 1994 at 7:00 p.m. at City Hall for individuals interested in forming a Friends of Sister City group to support activities of the Sister City Commission. Mayor Kirsch recognized the efforts of staff in producing the new Your City Newsletter. Item #20 CLAIMS AND PAYROLLS M/Susag, S/Sandahl that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks 18208-18250; 43982-44205 $ 828,153.31 NORWEST BANK Check 1200 $ 9,500.00 FIRSTAR BANK Checks 7898-7919 $ 226,924.29 Checks 74950-75289 $ 394,981.97 Motion carried 5-0. ~] Council Meeting Minutes -12- February 28, 1994 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:29 p.m. l Date Approved : 3/ 14/ 94 Martin J. rsch Mayor ~~ Thomas P. Ferber City Clerk J