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06-13-1994CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 13, 1994 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 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. 1 APPROVAL OF MINUTES M/Sandahl, S/Priebe to approve the minutes of the Special City Council Meeting of May 23, 1994; the minutes of the Regular City Council Meeting of May 23, 1994; the minutes of the Special City Council Study Session of June 6, 1994; and the minutes of the Regular City Council Study Session of June 6, 1994. Motion carried 5-0. 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 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Council Meeting Minutes -2- June 13, 1994 Item #3 CONSENT CALENDAR 3A. APPROVED 1994 TO 1995 AGREEMENT WITH CITY OF MINNEAPOLIS FOR PARTICIPATION IN URBAN CORPS INTERN PROGRAM C.L. 159 B. APPROVED REQUEST FOR AMENDED OFF-STREET PARKING PERMIT TO ALLOW RETAIL SALES AND SERVICE AT 6613 PENN AVENUE C.L. 160 C. APPROVED RESOLUTION WHICH UPDATES ADMINISTRATIVE PROCESS FOR VACATING STREETS, ALLEYS AND PUBLIC GROUNDS C.L. 161 RESOLUTION NO. 8147 RESOLUTION OF THE RICHFIELD CITY COUNCIL RELATING TO THE ADMINISTRATION OF THE STREET, ALLEY AND PUBLIC GROUND VACATION PROCESS This resolution appears as Resolution No. 8147 in Resolution Book No. 64. D. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1993 TO DECEMBER 31, 1993, CITY PROJECT NO, 883, AND SETTING DATE OF HEARING FOR AUGUST 8, 1994 C.L. 162 RESOLUTION NO. 814$ RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1993 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 883 This resolution appears as Resolution No. 8148 in Resolution Book No. 64. RESOLUTION NO. 8149 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1993 ALLEY MAINTENANCE - CITY PROJECT NO. 883 This resolution appears as Resolution No. 8149 in Resolution Book No. 64. E. APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1995 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT NO. 902, AND SETTING DATE OF HEARING FOR AUGUST 8, 1994 C.L. 163 RESOLUTION NO. 8150 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 CITY PROJECT NO. 902 Council Meeting Minutes -3- ~ June 13, 1994 This resolution appears as Resolution No. 8150 in Resolution Book No. ~64. F. APPROVED RESOLUTIONS. DECLARING COSTS TO BE ASSESSED AND ' ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT NO. 881, 1993 LHN MAINTENANCE, AND SETTING DATE OF HEARING FOR AUGUST 8, 1994 C.L. 164 RESOLUTION NO. 8151 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 881 This resolution appears as~Resolution No. 8151 in Resolution Book No. 64. RESOLUTION NO. 8152 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OR LHN MAINTENANCE JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT N0. 881 This resolution appears as Resolution No. 8152 in Resolution Book No. 64. G. APPROVED.RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF ' 1995 MAINTENANCE ASSESSMENTS, LHN REDEVELOPMENT AREA, CITY PROJECT NO. 900, AND SETTING DATE OF HEARING FOR AUGUST 8, 1994 C.L. 165 RESOLUTION NO. 8153. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN T~E LYNDALE/HUH/NICOLLET PROJECT AREA FOR THE PERIOD JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 CITY PROJECT NO. 900 This resolution appears as Resolution No. 8153 in Resolution Book No. 64. H. APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT NO. 882, 1993 ILN MAINTENANCE, AND SETTING DATE OF HEARING FOR AUGUST 8, 1994_ C.L. 166 RESOLUTION NO. 8154 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ILN MAINTENANCE JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 882 Council Meeting Minutes -4- June 13, 1994 This resolution appears as Resolution No. 8154 in Resolution Book No. 64. RESOLUTION NO. 8155 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR ILN MAINTENANCE - JANUARY 1, 1993 THROUGH DECEMBER 31, 1993 CITY PROJECT NO. 882 This resolution appears as Resolution. No. 8155 in Resolution Hook No. 64. I. APPROVED 1995 MAINTENANCE ASSESSMENTS FOR ILN PROJECT AREA, PROPOSED CITY PROJECT NO. 901 C.L. 167 . J. APPROVED RESOLUTIONS DECLARING COSTS TO BS ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1,~ 1993 TO DECEMBER 31, 1993, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR AUGUST 8, 1994 C.L. RESOLUTION NO. 8156 RESOLUTION DECLARING COST TO HE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993. This resolution appears as Resolution No. 8156 in Resolution Hook No. 64. RESOLUTION NO. 8157 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 1993 TO DECEMBER 31, 1993. This resolution appears as Resolution No. 8157 i~, Resolution Book No. 64. K. APPROVED PURCHASE IN EXCESS OF $5,000 FROM OLD TOWN CEDAR, INC. TO REFURBISH WOOD LAKE NATURE CENTER'S CEDAR SHAKE ROOFS IN AMOUNT OF $10,500 C.L. L. APPROVED FINAL PAYMENT FOR RICH ACRES GOLF COURSE IRRIGATION UPGRADE; NORTHERN IRRIGATION SYSTEMS,~INC.; $3,765.44 M. APPROVED ESTIMATE #5 PAYMENT FOR NICOLLET PARK SITE IMPROVEMENT CP889; HOFFMAN & MCNAMARA CO.; $15,666.76 N. APPROVED ESTIMATE #11 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION; $105,859.00 0. APPROVED FINAL PAYMENT FOR ELECTRICAL CONTRACT REGARDING WATER TREATMENT PLANT MODIFICATIONS; PAGE ELECTRICAL CONTRACTOR; $19,400.00 Council Meeting Minutes -5- June 13,•1994 P. APPROVED TAXICAB LICENSE RENEWAL: BLUE AND WHITE TAXI; 7 VEHICLES M/Sandahl, S/Priebe to a~orove the consent calendar. Motion carried 5-0. _ Item #4 CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7700-12TH AVENUE. C.L. NO. 170 City Manager Prosser reviewed Council Letter No. 170 recommending approval of a subdivision waiver to divide 7700 12th Avenue into two separate lots in conjunction with the 77th Street Project. M/Sandahl, S/Susag to close the.gublic hearing. • Motion carried 5-0. 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. 8158 RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7700-12TH AVENUE) Motion carried 5-0. This resolution appears as Resolution No. 8158 in Resolution Book No. 64. Item #5 CONSIDERATION OF` RESOLUTION AUTHORIZING SLJ~DiVISION WAIVER~AT 7700 PORTLAND AVENUE. C.L. NO. 171 City Manager Prosser reviewed Council Letter No. 171 recommending approval of a subdivision waiver to divide 7700 Portland Avenue into two separate lots in conjunction with the 77th Street Project. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that the following resolution be adopted; that it be ~.pread in the resolution book and that it be made part of these minutes.: Council Meeting Minutes -6- ~ June 13, 1994 RESOLUTION N0. 8159 . RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7700 PORTLAND AVENUE) Motion carried 5-0. This resolution appears~as Resolution No. 8159 in Resolution Book No. 64. Item #6 CONSIDERATION OF RE30LUTi0N AUTHORIZING SUHDiVISION~ WAIVER AT 7717 NICOLLET AVENUE. C.L. NO. 172 City Manager Prosser reviewed Council Letter No. 172 recommending approval of a subdivision waiver to divide 7717 Nicollet Avenue into two separate lots in conjunction with the 77th Street Project. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/S~.*±d~.~*? , SSSzsag tknat the ~oblLotain~a res®luti®aa ba adopt2~is that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. $160 RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7717 NICOLLET AVENUE) Motion carried 5-0. This resolution appears as Resolution No. 8160 in~Resolution Book No. 64. .~ .•. Item #7 CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7416 FOURTH AVENUE. C.L. NO. 173 City Manager Prosser reviewed Council Letter No. 173 regarding a request from the Richfield Housing and Redevelopment Authority for a subdivision waiver to divide 7416 Fourth Avenue into two separate 50 foot lots for the development of new single family homes under the Richfield Rediscovered Program. Susan Pitzel, 7410 Fourth Avenue, asked questions about the style of the houses proposed to be built on the lots. Community Development Director Wallace reviewed information regarding development of houses on 50 foot lots in the City, the Richfield Rediscovered Program, and photos of Richfield Rediscovered homes. ~JI 1 Council Meeting Minutes ~ -7- June 13, 1994 Discussion followed regarding how new houses fit into existing neighborhoods. Council Member Priebe discussed the financial aspects of the ' purchase and resale of the lots, the financial loss to the HRA, and delay of increased tax revenue for 20 years because of the tax increment. City Manager Prosser stated that the main purpose of the Richfield Rediscovered program was to provide long term benefits of upgraded replacement housing and elimination of substandard housing, not to enhance tax revenues. He stated the issue before the Council this evening was whether the subdivision waiver was appropriate. Teri Lee McNamara, 7407 Fourth Avenue, stated concern that the proposed houses would be too large and not fit with the character of the neighborhood. Susan Pitzel, 7410 Fourth Avenue, stated concerns about . space and privacy if two houses are built on the site. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0.. Council Member Priebe spoke in opposition to the proposed subdivision 'waiver noting the concerns of the neighbors and questioning the benefit in relationship to the costs to the HRA. Council Member Rosenberg stated subdivision waiver and suggested the houses that would be more compatible Council Member Sandahl discusses encouraged the builder and homeowner compatible with the neighborhood. opposition to the proposed builder should have proposed with the neighborhood. ~~,. 3 design guidelines and to find a design more Council Member Susag suggested that a delay may be beneficial to allow time to see if these issues can be resolved between the neighbors and builder. M/Sandahl, S/Susag to continue consideration of the request for a subdivision waiver at 7416 Fourth Avenue to the June 27 this time. Motion carried 5-0. Council Meeting Minutes -8- June 13, 1994 Ytem #8 PUBLIC HEARING AND CONSIDERATION OF SECOND READING OF ORDINANCE AMENDMENT ESTABLISHING FOOD TO LIQUOR RATIO FOR NON-INTOXICATING MALT LIQUOR LICENSES. C.L.NO. 174 City Manager Prosser reviewed Council Letter No. 174 regarding a proposed ordinance amendment to establish a minimum 25$ food to 75$ non-intoxicating malt liquor ratio for non- intoxicating malt liquor licenses. John Powers, owner of Lariat Lanes, 6320 Penn Avenue, spoke in opposition to the proposed ordinance amendment. Council Member Sandahl spoke in opposition to the proposed ordinance amendment stating there have been no problems without the regulations and that the extra burden of record keeping would create costs with no benefit. Council Member Susag spoke in opposition to the proposed ordinance amendment noting that the proposed percentage was an arbitrary ratio and that this requirement for the non- i~nt©::icating malt lieu©Y licenses did n©t s®em ~ecessa~. Council Member Priebe spoke in support of the proposed ordinance amendment stating that the record keeping would not be a burden since most businesses already would have the liquor/food information. He stated the 25$ to 75$ ratio was a reasonable standard. Council Member Rosenberg spoke in support of the proposed ordinance amendment stating it would be reasonable and consistent to have a standard for non-intoxicating malt liquor licenses. Mayor Kirsch spoke in opposition to the proposed3-.ordinance noting that there seemed to be no demonstrated need for new regulations for non-intoxicating malt liquor licenses. M/S-andahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Priebe, S/Rosenberg.that this constitute Second Reading of- an ordinance-amendment to Section 1210 adding a Section 1210.27 Sub. 4: Food to Non-Intoxicating Malt Liquor Ratio. Motion failed 2-3. (Sandahl, Susag, and Kirsch opposed) Item #9 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND FIREFIGHTERS LOCAL 1215. C.L. NO. 175 Council Meeting Minutes -9- June 13, 1994 City Manager Prosser reviews regarding the proposed Memorandum City and Firefighters Local 1215 f compensatory benefit. d Council Letter No. 175 of Understanding between the or the initiation of a limited M/Sandahl, S/Susag to authorize-the City Manager to execute the Memorandum of Understanding between the City and Firefighters Local 1215 for the initiation of a limited compensatory benefit. Motion carried 5-0. Item X10 CONSIDERATION OF REQUEST FOR DETERMINATION ON APPROPRIATE ZONING CLASSIFICATION FOR INTERMITTENT HOMELESS SHELTER AS ACCESSORY USE AT HOPE PRESBYTERIAN CHURCH, 7132 PORTLAND AVENUE. C.L. NO. 176 City Manager Prosser reviewed Council Letter No. 176 regarding the determination of the appropriate zoning classification for an intermittent homeless shelter accessory use at Hope Presbyterian Church, 7132 Portland Avenue. M/Sandahl, S/Susag to determine that the proposed intermittent homeless shelter be classified as a conditional church accessory use in the R district subject to a conditional use permits and to direct staff to provide Hope Presbyterian Church with the ~Aropriate aAAlication form. Motion carried 5-0. City Manager Prosser, in response to a question from the applicant, stated a conditional use permit requires review by the Planning Commission prior to final consideration of approval by the City Council. Item #11 AIRPORT STATUS REPORT No report. Item #12 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the following 77th Street Reconstruction Project issues Council Meeting Minutes -10- June 13, 1994 • Construction of the railroad crossing has begun. • Lyndale Avenue should be open to four lanes of traffic July 1. • House moving is underway east of Portland Avenue. • Scheduling of various construction events depends on subcontractors and sequencing of construction components. • The answer van and flyers will continue to be used ~o respond to resident and business concerns. Item #13 LEGISLATIVE REPORT No report. Item #14 COUNCIL DISCUSSION ITEMS None Itenaa #3.5 CLZ~I1~dS Z~ P~~®* ~ S M/Sandahl, S/Susag that the following claims and payrolls be ~Aroved: RICHFIELD BANK & TRUST CO. Checks 18572-18652; 45667-46018 $2,195,758.52 NORWEST BANK Check 1208-1209 $ 25,000.00 FIRSTAR BANK Checks 8055-8089 $ 755,859.43 Payroll 76876-76916;. 77309-77611 $ 385,957.32 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous copse ~ 8~2Q p.m. / t Date Approved: 6/27/94 Thomas P. Ferber City Clerk D . Pro Manager