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04-11-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 11, 199 CITY COUNCIL MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; and Don Priebe. COUNCIL MEMBERS NOT PRESENT: Russ Susag. HRA MEMBERS PRESENT: Thomas Harms, Chair; Joan Helmberger; Vern Luettinger; and Michael Sandahl. HRA MEMBERS NOT PRESENT: Russ Susag. 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; William Fillmore, Liquor Operations Director; Bruce Palmborg, Housing & Redevelopment Coordinator; John Dean, City Attorney; and Corrine Heine, Assistant City Attorney. A concurrent meeting of the Housing and Redevelopment Authority and the City Council was called to order by Mayor Kirsch and Chair Harms at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Kirsch led the audience in the Pledge of Allegiance. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL/HRA ON ANY ITEM NO.T LISTED ON THE. AGENDA. Bob Jensen, 7328 Fremont Avenue, owner of the building at 7716 Colfax Avenue, stated that CSM Corporation had treated him fairly, ethically, and in a business like manner regarding the potential purchase of his property and relocation of his tenants related to the proposed project in the ILN. He stated that the last meeting had given a different impression about the developer and the City than his experience. Council Meeting Minutes -Z- April 11, 1994. Item #lA PRESENTATION OF CERTIFICATE OF RECOGNITION TO NANCY GRIEMANN, NORTH CENTRAL FLORAL ASSOCIATION'S DESIGNER OF THE YEAR FOR 1994. Council Member Rosenberg presented a Certificate of Recognition to Nancy Griemann for receiving the 1994 North Central Floral Association's Designer of the Year Award. Item #ZA PRESENTATION OF PROCLAMATION DESIGNATING APRIL 17-Z3, 1994 VOLUNTEER RECOGNITION WEEK IN RICHFIELD. Mayor Kirsch read and presented a proclamation designating April 17-23, 1994 as Volunteer Recognition Week in Richfield to Leisure Services Coordinator Gretchen Blank. Leisure Services Coordinator Blank acknowledged and thanked the many volunteers who provide valuable assistance to the City. Item #3A PRESENTATION OF PROCLAMATION CELEBRATING MAY 7, 1994 AS EARTH DAY 1994. C.L. NO. 110 Council Member Sandahl read and presented a proclamation regarding the celebration of May 7, 1994 as Earth Day in the City of Richfield to Leisure Services Coordinator Gretchen Blank. Item #4A PRESENTATION OF PROCLAMATION DESIGNATING MAY 1994 A$ ARBOR MONTH. C.L. NO. 111 Council Member Priebe read and presented a proclamation designating May 1994 as Arbor Month in the City of Richfield to Community Services Director Fondrick. Council Meeting Minutes -3- April 11, 1994 ITEMS CONSIDERED BY ~tA: 8RA Item #1 CONSIDERATION OF RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITI3 CSM CORPORATION; ILN REDEVELOPMENT PROJECT (DEFERRED FROM MARCH 28, 1994), HRA LETTER NO. 29 Executive Director Prosser reviewed HRA Letter No. 29 regarding consideration of a resolution approving contract for private redevelopment with CSM Corporation; ILN Redevelopment Project (deferred from March 28, 1994). 1 r~ ~~ Greg Poe, Leonard, Street and Deinard, attorney representing Terry Feldmann, suggested that there was insufficient time for public review of the contract and that the project approval was moving too fast. He suggested that environmental and traffic issues needed further review. Mr. Poe stated opposition to linking Phase I and Phase II of the projects indicating they should be considered separately. Mark Jacobson, Jacobson, Hardwood, Brill & Bennett, attorney representing Mark O'Brien of Richfield Mitsubishi, stated ~. concerns about the timing of the approval process and ability of his client to relocate to a new site on such short notice. He stated Mr. O'Brien had earlier considered moving to the Penn Auto Plaza site. However, they had negotiated a lease instead with Mr. Feldmann for this site indicating they were unaware of the CSM proposal for the property. He requested more time for the area businesses to come up with a plan of their own for redevelopment. Assistant City Attorney Heine stated that the Richfield Mitsubishi property was not included in those to be considered this evening for condemnation and quick take of Phase I of the Shops at Lyndale ILN Redevelopment Project. Neal Peterson, 9640 Xylon Avenue, representing Terry Feldmann, stated concern about linking Phase I and Phase II in the contract for redevelopment. He suggested consideration of a delay and separation of the two phases. Brian .Hagen, Hagen Microage Computer Center, suggested the HRA and City Council slow down the process because of the impact on the affgeted businesses and employees. Chair Harms stated understanding of the comments received and stated that Phase I and Phase II were linked to assure that the developers will provide the value of development necessary for the tax increment project. Council Meeting Minutes -4- April 11, 1994 M/Sandahl, S/Luettinger that the following resolution be adopted; that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 503 APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITH CSM CORPORATION Motion carried 3-0. (Helmberger abstained) This resolution appears as HRA Resolution No. 503 in HRA Resolution Book No. 4. HRA Item #2 CONSIDERATION OF RESOLUTION BUTHORIZING CONDEMNATION AND QUICK TAKE OF PHASE I, THE SHOPS AT LYNDALE; ILN REDEVELOPMENT PROJECT (DEFERRED FROM MARCH 28, 1994) HRA LETTER NO. 30 Executive Director Prosser reviewed HRA Letter No. 30 regarding the initiation of quick take condemnation of the g©? ? ©~~! *?g p,-©~~*~ti~~ g©*~ t~*A Ph~!sP ~r ~itP er~~ o f ~?'*~ S~*©p~ at Lyndale: Emerson Avenue Congregational Church Southtown Village Apartments Cutler Animal Hospital Troy & Biil's Ultimate Detailers Tandem Press Vacant parcel owned by Robert Adelmann M/Luettinger, 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: HRA RESOLUTION NO. 504 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY Motion carried 3-0. (Helmberger abstained) This resolution appears as HRA Resolution No. 504 in HRA Resolution Book No. 4. The Special HRA meeting was adjourned by unanimous consent at 7:50 p.m. RECESS AND RECONVENEMENT Mayor Kirsch recessed the City Council meeting at 7:50 p.m. and reconvened the meeting at 7:57 p.m. Council Meeting Minutes -5- April 11, 1994 APPROVAL OF MINUTES M/Sandahl, S/Rosenberg to approve the minutes of the regular City Council meeting of March 28. 1994; and the minutes_of the City Council Study Session of April 4, 1994. Motion carried 4-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS T~ CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Bill Bullock, 7121 Knox Avenue, invited the public to the Friends of Wood Lake (FOWL) fundraising dinner event to be held on April 29 at the VFW. Council Member Sandahl reminded citizens about the ordinance prohibiting the feeding~of deer. Nick Vossberg, 6340 Standish Avenue, raised concerns about the front yard driveway area at 6314 Standish Avenue. Item #2 COUNCIL APPROVAL OF AGENDA M/Rosenberg, S/Priebe to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR 3A. APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF EASEMENTS AND PARTIAL FEE TAKINGS; PHASE II 77TH STREET PROJECT C.L. 112 ' RESOLUTION N0. 8127 RESOLUTION ESTABLISHING JUST COMPENSATION FOR PARTIAL FEE TAKINGS, PERMANENT EASEMENTS, AND TEMPORARY EASEMENTS; AND AUTHORIZING PURCHASE OF PARTIAL FEE TAKINGS; PHASE II - 77TH STREET PROJECT This resolution appears as Resolution No. 8127 in Resolution Book No. 63. Council Meeting Minutes -6- April 11, 1994. B. APPROVED RESOLUTION SUPPORTING LEAGUE OF MINNESOTA CITIES' CITY UNITY DAY C.L. 113 RESOLUTION NO. 8128 RESOLUTION IN SUPPORT OF LEAGUE OF MINNESOTA CITIES' "CITY UNITY DAY" This resolution appears as Resolution No. 8128 in Resolution Book No. 63. C. APPROVED PAYMENT IN EXCESS OF $5,000 FOR AUTO LIABILITY INSURANCE DEDUCTIBLE AS PART OF HIBBS LAWSUIT SETTLEMENT IN THE AMOUNT OF $50,000 C.L. 114 D. APPROVED ESTIMATE #7 PAYMENT FOR ELECTRICAL CONTRACT REGARDING WATER TREATMENT PLANT MODIFICATIONS; PAGE ELECTRICAL CONTRACTOR; $17,100.00 E. APPROVED ESTIMATE #9 PAYMENT FOR WATER PLANT MODIFICATIONS; HOR-SON CONSTRUCTION; $106,262.00 M/Sand~a~nl, S/Pride t® apor®~ac the coan~ent caleaaa~ar o Motion carried 4-0. Item #4 CONSIDERATION OF REQUEST FOR AMENDED CONDITIONAL USE PERMIT AND OFF-STREET PARKING PERMIT TO ALLOW REDUCTION IN PARKING AND SEATING CAPACITY AT CHI-CHI'S RESTAURANTE, 7717 NICOLLET AVSNUE. C.L. NO. 155 City Manager Prosser reviewed Council Letter No. 155 regarding the request of Chi-Chi's Inc. for an amended conditional use permit and off-street parking permit to allow the reduction of seating capacity to 398 customers and reduction of on-site parking spaces to 199 for Chi-Chi's Restaurant, 7717 Nicollet Avenue. Mr. Prosser stated that the City had received a letter form Lutheran Brotherhood, owner of the adjacent parcel to the east, requesting that the City require that Chi-Chi's erect a fence so that their customers do not use the Lutheran Brotherhood property parking lot. Michael Guerra, representing Chi-Chi's, Inc., stated that Chi-Chi's accepted the stipulations as presented by the staff. IIe stated negotiations with Lutheran Brotherhood for lease of parking spaces had been unsuccessful, therefore the amendments were required to conform restaurant seating to the number of parking spaces. I~ Council Meeting Minutes -7- April 11, 1994 Council Member Priebe stated it appeared that Lutheran Brotherhood. had extra parking spaces available and asked if the two parties had tried mediation to resolve negotiation of a lease for these spaces. Mr. Guerra stated that Chi-Chi's, Inc. was willing to utilize mediation, however, Lutheran Brotherhood had refused to agree to mediation. He stated the negotiations were unsuccessful because the proposed lease amount was too high and not feasible for the corporation. City Manager Prosser noted Chi-Chi's, Inc. cooperation in trying to resolve this issue and amending the CUP. Laura Brandt, Kraus Anderson, representing Lutheran Brotherhood, stated that they had reduced the requested lease amount by 50$ from the agreement with Consul Corporation. She stated concern about the use by Chi-Chi's customers of their property for parking. She asked the City Council to require that Chi-Chi's install a fence to restrict customers from using Lutheran Brotherhood's parking lot. 1 It was the consensus of the City Council that the Lutheran Brotherhood request was unreasonable and that they were disappointed that Lutheran Brotherhood had not agreed to mediation or reached a reasonable settlement regarding the parking spaces. M/Sandahl, S/Priebe to close the public hearing,. Motion carried 4-0. M/Sandahl, S/Priebe to approve the amended conditional use permit to allow a reduction in customer seating and parking capacity at Chi-Chi's Restaurants. 7717 Nicollet Avenue, and off- street parking permit pursuant to the submitted plans, with the following stipulations:. 1. That customer seating capacity not exceed 398, unless the conditional use permit or parking permit is amended. 2. That a cash escrow agreement be submitted for landscape and screening improvements before the conditional use permit will become effective. Motion carried 4-0. Council Meetigg Minutes ~ -8- April 11, 1994 Item #5 CONSIDERATION OF RESOLUTION APPROVING CONSTRUCTION PLANS FOR AN INTERIM HIGH OCC[JPANCF VEHICLB LANE ON I- 35W IN RICHFIELD FROM 76TH STREET TO I-494. C.L.NO. 116 City Manages Prosser reviewed Council Letter No. lift regarding consideration of a resolution approving plans for an interim High Oocupancy Vehicle (HOV) lane on I-35W in Richfield from 76th Street to I-494. Council Member Rosenberg discussed the need for large businesses to become involved in forming linkages to mass transit options. Council Member Priebe noted that the HOV lane would be built within the existing right-of-way and asked if it would affect the potential for the addition of LRT at a later time. City Manager Prosser stated the HOV lane is neutral on th® LRT issue. He reviewed the possible extension of the HOV lane ~n®rt~n t® ~6t~n Strout in Minneapolis. M/Priebe, S/Sanda~i 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. 8129 APPROVAL OF CONSTRUCTION PLANS FOR PROVISION OF AN INTERIM HIGH OCCUPANCY VEHICLE LANE IN RICHFIELD ON I-35W FROM I-494 TO 76TH STREET Motion carried 3-1. (Rosenberg opposed) This resolution appears as Resolution No. 8129 in Resolution Book No. 63. Item #6 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT RELATING TO COUNCIL SALARIES. C.L. NO. 117 City Manager Prosser reviewed Council Letter No. 117 regarding a proposed ordinance amendment which would increase the salaries of Council Members from $5878 to $6025 per year and the salary of the Mayor from $7573 to $7762 per year. Council Member Sandahl stated support for the increase indicating that it is reasonable to provide small periodic increases so that the financial burden does not become such as to discourage candidates. Council Meeting Minutes -9- April 11, 1994 Council Member Priebe stated opposition to an increase because the current salary was reasonable and the fact that taxes and utility rates had been increased by the Council. M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance amendment which would increase the salaries of Council Members; and that the Public Hearing and Second Reading of the ordinance be scheduled for the Mav 9. 1994 City Council meeting. Motion carried 3-1. (Priebe opposed) Ytem #7 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues: • NEW FORD TOWN AND RICH ACRES ACQUISITION W. D. Schock is continuing progress on the acquisition with several purchase offers being submitted this week. There are positive signs regarding the approval of congressional funding for the next phase of the acquisition. • STATE IMPACT AID LEGISLATION The bill is proceeding in the House with the sponsorship of State Representative Edwina Garcia. 0 RUNWAY 4-22 EXTENSION The City continues to raise issues about the Revised Draft Environmental Impact Statement (RDEIS) related to operations, noise impact, mitigation, and cost. As a result of a letter from Senator Riveness, MAC has agreed to meet with the City regarding these questions. MAC Commissioner Himle questioned in committee, the approval of new consultant contracts with HTNB because of concerns about the adequacy their work on the RDEIS. The issue has been referred to the full MAC Board. Item #8 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the 77th Street Reconstruction Project including a summary of the anticipated scheduling of construction events. Council Me®tiag Minutes -10- April 11, 1994 Council Member Sandahl requested that the new property owner on the west side of Bryant Avenue be contacted about the status of the project. Item #9 LEGISLATIVE REPORT City Manager Prosser reviewed the Orfield housing stabilization program legislative proposal. Item #10 COUNCIL DISCUSSION ITEMS Council Member Rosenberg asked about the status of downed trees and bridge damage at-the Wood Lake Nature Center. Community S®rvices Director Fondrick indicated that high water last year had caused some damage and downed some lowland hardvc~®ods . Council Member Sandahl discussed the timing of the appointment of student members to City commissions. He stated both he and Council Member Susag suggest that student terms start at the beginning or end .of a school year. City Manager Prosser stated staff would review this issue. Council Member Priebe asked about the status of improvements for presentations in the Council Chambers. City Manager Prosser stated staff is reviewing the options. Yt was the consensus of the Council that the presentation podium be located on the side rather than the center. Item #11 CLAIMS AND PAYROLLS M/Sandahl, S/Priebe that the following claims and payrolls be approved: RICHFIELD BANK tic TRUST CO. Checks 18361-18415; 44728-44948 $1,03fl,340.45 NORWEST BANK Check 1203 ~ $ 12,000.00 i ~_ 1 Council Meeting Minutes FIRSTAR BANK Cheoke 7948-7969 Cheeks 75886-76182 Motion carried 4-0. ADJOURNMENT -11- April 11, 1994 $ 301,199.58 $ 363,968.11 The meeting was adjourned by unanimous consent at 8:55 p.m. C Date Approved: 4/25/94 Martin J. K ech ayor Thomas P. Ferber City Clerk Jame u. grosser Ci Manager