Loading...
06-27-1994 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June 27, 1994 MEMBERS PRESENT: Martin Kirsch, Mayor; Don Priebe; Susan Rosenberg; Russ Susag; and Michael Sandahl (arrived at 7:25 p.m.). STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Donald Fondrick, Community Services Director; Hyron Wallace, Community Develbpment Director; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Bridget Walstrom, Finance Manager; Bruce Nordquist, Housing Supervisor; 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 annrove the minutes of the Special City Council Meeting of June 13, 1994; and the minutes of the Regular City Council Meeting of June 13, 1994. Motion carried 4-0. Item #~1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Representatives of the Richfield High School Band Boosters appeared to encourage community support and participation in the Richfield Fourth of July Celebration events. Ron Glaub, 7209 12th Avenue, stated concerns regarding the Public Safety Department°s administration of the residential kennel license program including issues about the interpretation of the ordinance provisions about the required petition, staff authority in making law, notification of neighbors, fees, administrative procedures, and timeframe for renewal. City Manager Prosser indicated that staff was following Council direction in advising neighbors about residential kennel licenses. Council Meeting Minutes -2- June 27, 1994 In response to Mr. Glaub, City Attorney Heine stated following Council direction does not constitute staff making laws. Council Membeac Priebe suggested that it may be appropriate to review the ordinance for an amendment to include the expanded notification process. Council Member Susag stated the residential kennel liaense process has frequently been confusing to the applicant, neighbors, and Council; therefore, he suggested the issue needed further review at a Study Session. Yt was-the consensus of the City Council to schedule discussion of the status of the residential kennel license program at a future Study Session. Item #2 PRESENTATION OF GENE JACOBSEN CITIZEN OF THE YEAR AWARD TO FRANK JOHNSON. C.L. NO. 177 Russ Rooney, Vice Chair of the Human Rights Commission, presented the 1993 Gene Jacobsen Citizen of the Year Award to Frank Johnson in recognition of his lifelong commitment to community leadership and service to the disabled. Item #3 PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1994 MISS RICHFIELD CANDIDATES. C.L. N0. 178 Council Member Rosenberg read and presented City Council Certificates of Appreciation to the 1993-1994 Miss Richfield Royalty members Kara Murphy, Andrea Schulte, Brigette Myre, and to the following 1994-1995 Miss Richfield candidates: Kim Fellner Jennifer Lenberg Cali Gaibor Laura McRae Casey Herbert Tracy Stanchfield Stephanie Lonas Kristin Totushek Item #4 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to approve the a eq nda. Motion carried 5-0. Council Meeting Minutes -3- June 27, 1994 1 Item ~#5 CONSENT CALENDAR 5A. APPROVED BID MINUTES/TABULATION AND AWARD OF CONTRACT TO EARL F. ANDERSEN, INC. FOR SUPPLY AND INSTALLATION OF PLAYGROUND EQUIPMENT AT DONALDSON PARK IN AMOUNT OF $38,493 C.L. 179 H. APPROVED PURCHASE IN EXCESS OF $5,000 FROM PLEHAL BLACKTOPPING, INC. FOR FABRIC AND OVERLAY TREATMENT OF PENN AVENUE MUNICIPAL LIQUOR STORE PARKYNG AREA IN AMOUNT OF 56,750 C.L. 180 C. APPROVED PURCHASE IN EXCESS OF $5,000 FROM XEROX CORPORATION FOR XEROX 5100 HIGH VOLUME COPIER FOR CITY HALL IN AMOUNT OF 556,929, PLUS TAX C.L. 181 D. APPROVED REQUEST BY MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435 FOR FEE WAIVED, TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR JULY 4 C.L. 182 E. APPROVED REQUEST BY FRED HABCOCK V.F.W. POST 5555 FOR FEE WAIVED, TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR JULY 3 C.L. 183 F. APPROVED APPLICATION FOR MUSICAL CONCERT LICENSE AT HOPE PRESBYTERIAN CHURCH, 7132 PORTLAND AVENUE, FROM 7 P.M. TO 9 P.M. ON AUGUST 7, 1994 G. APPROVED FINAL PAYMENT FOR DEHUMIDIFIERS AT WATER TREATMENT PLANT MODIFICATIONS; BRY-AIR, INC.; $6,522.20 H. APPROVED FINAL PAYMENT FOR SUPPLY OF THREE GENERATORS; FLAHERTY EQUIPMENT CORPORATION; $46,528.20 M/Sandahl, S/Priebe to a~,avrove the consent calendar. Motion carried 5-0. Itenfl ##6 CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7416 FOURTH AVENUE (CONTINUED FROM JUNE 13, 1994-. C.L. N0. 184 City Manager Prosser reviewed Council Letter No. 184 regarding a proposed subdivision waiver at 7416 Fourth Avenue for division of the 100 foot wide lot into two 50 foot wide lots for the development of two houses by Marlin Grant Homes, Inc. Counci'1 N!e®tinc~ Minutes -4- June 27, 1994 Marlin Grant, Marlin Grant Homes, Inc. on behalf of property owners Craig and Julie Bennink, reviewed and answered questions about the existing and proposed site plan. He reviewed design, lot coverage, and setback issues related to the proposal. Bruce Nordquist, Housing Supervisor, summarized the issues discussed at the June 20, 1994 neighborhood meeting. Susan Pitzel, 7410 Fourth Avenue, stated concerns about putting two houses on the site, indicating it would be too crowded. She stated the City should have explored also buying her house to combine the lots and have three 59 foot wide lots to develop. Council Member Sandahl stated the property owner initiated the project proposal and it would not be the HRA initiating such a subdivision. Teri Lee Mcl~Tamara, 7407 Fourth Avenue, stated that the other Richfield Rediscovered homes were not pleasing in appearance. Julia Bennink, 7416 Fourth Avenue, spoke in support of the subdivision praising the merits ®f tine ?3ic~nfie? d Reds! sc©E~e*'ed Program in giving them the opportunity to build a new home. Craig Bennink, 7416 Fourth Avenue, spoke in support of the subdivision stating that he was unable to sell the existing house. He noted that approval would provide two new homes and an increased tax benefit for the City. M/Susag, S/Priebe to close the public hearing. Motion carried 5-0. Council Member Priebe stated that if the purpose of the Richfield Rediscovered Program was to enhance the neighborhood, then the neighbors should have a say in the decision. He stated he would oppose the subdivision based on the indicated neighborhood opposition. Council Member Susag asked if the lots could have been developed without a variance if they were seven inches deeper. Assistant City Attorney Heine reviewed and answered questions regarding the~lot size variance and subdivision waiver issues. She indicated that the subdivision waiver to the platting requirement would allow the development of the lots only if the variance is approved. She indicated that the lots could still be developed through the platting process, if the subdivision waiver is not approved. The platting process gives the Council no legal discretion if all requirements are met for approval. Assistant City Attorney Heine stated that if the variance is not granted, the proposed project could not occur. She then reviewed the hearing examiner decision appeal process provided by ordinance. Council Meeting Minutes -5- June 27, 1994 Council Member Rosenberg spoke in opposition to the subdivision waiver based on the neighborhood apposition. Council Member Sandahl noted the conflicting interests involved and that those who are opposed to the project are more likely to appear. He noted that but for seven inches this development could occur and that it may still proceed through platting. He stated that in balance it was a beneficial project for the neighborhood. Council Member Susag spoke in support of the subdivision noting the 50 foot lots and diversity of styles of homes in his neighborhood. He stated the project would be positive for the future of the neighborhood. Mayor Kirsch spoke in support of the subdivision stating that the proposal was in agreement with the City's goal of improving the housing stock in the community. M/Susag, S/Kirsch that the following resolution be adovted; that it be spread in the resolution book and that it be made wart of these minutes: RESOLUTION NO. 8161 RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7146 FOURTH AVENUE) Motion carried 3-2. (Rosenberg, Priebe opposed) .This resolution appears as Resolution No. 8161 in Resolution Book No. 64. Item #7 CONSIDERATION OF ACCEPTANCE OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1993. C.L. NO. 185 City Manager Prosser reviewed Council Letter No. 185 regarding presentation of the 1993 Comprehensive Annual Financial Report. Lawrence Wozniczka, 6744 Wentworth Avenue, stated that he felt the report was insufficient because he could not find sufficient details he was looking for regarding costs of airport activities, the 77th Street Project, tax increment district performance, City Council travel expenditures, and the City Manager car allowance. City Manager Prosser stated that the Comprehensive Annual Financial Report is prepared according to accepted accounting principles and that the budget document contains the detail line item information. Couaoil Meeting Minutes -6- June 27, 1994 M/Sandahl, S/Rosenberg to accept the Comprehensive Annual_ Financial Report of the City for the year ended December 31, 1993. Motion carried 5-0.. Item #8 CONSIDERATION OF STORMWATER PLAN BASED ON NEWLY ADOPTED STORMWATER CAPITAL POLICY. C.L. NO. 186 City Manager Prosser reviewed Council Letter No. 186 regarding alternatives for proceeding with stormwater improvement projects based on the Stormwater Capital Policy. He outlined the proposed projects in the following two groups Group A. Minor, less costly projects which can be addressed this year within the current storm sewer utility fund balance. • 6601 Stevens Avenue - estimated cost $22,000. ~ 7632 L©gan Ave~aue ~ c:stimato~l c®st ®f ~5, 000. • 6645 Queen Avenue - estimated cost of $7,500. Group H. Major, more costly projects which may require funding considerations outside the current storm sewer utility fund. • Richfield Lake Outlet - estimated cost $275,000. • Woodlake dredging - estimated cost $250,000. • 70th/Penn-Russell Avenue - estimated oost $750,000. It was the consensus of the Council that staff proceed with the Group A improvements and that staff prepare specific funding options and priorities regarding the Group H improvements. Specific concern was expressed about the priority of 6933 Penn Avenue. M/Susag, S/Rosenberg to authorize staff to proceed with the Group A improvement projects to be funded by the current storm sewer utility funds and, to direct staff to prepare specific funding options and priority recommendations for the Groun B improvements for the July 11, 1994 City Council meeting. Motion carried 5-0. Council Member Priebe suggested it would be appropriate to look at borrowing from the sanitary sewer fund balance to finance the projects providing for repayment with interest. [: Council 1~leeting Iriinutes -7- June 27, 1994 Arlan Nelson, 7433 13th Avenue, stated that there had been stormwater problems at 69th Street and Penn Avenue since the 1970os. He suggested that Edina and Hennepin County pay for some of the project since Penn Avenue is a county road and some water from Edina goes to the area. He offered his assistance to staff and the Council regarding this issue. Item #~9 CONSIDERATION OF REQUEST FOR ESTABLISIIIKENT OF POLICE CADET PROGRA1rI IN PUBLIC SAFETY DEPARTMENT. C.L. N0.187 City Manager Prosser reviewed Council Letter No. 187 regarding the proposed establishment of a Police Cadet Program in the Public Safety Department. M/Susag, S/Priebe to apArove the establishment of the Police Cadet Program in the Public Safety Department. Motion carried 5-0. Item X10 CONSIDERATION OF WHETHER TO HOLD A CITY COUNCIL STUDY SESSION ON JULY 4, 1994. C.L. NO. 188 City Manager Prosser reviewed Council Letter No. 188 regarding consideration of .whether to hold a City Council Study Session on July 4, 1994. M/Susag, S/Priebe to cancel the City Council Study Session meeting scheduled for July 4, 1994. Motion carried 5-0. Item X11 AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issuese ~ F2UNWAY 4-22 EXTENSYON Mr. Prosser summarized meetings with the U.S. House Aviation Subcommittee staff and representatives of the Office of Energy and Environment at FAA on June 24 in Washington, D.C. The Cityes suggestion for mediation with the MAC regarding the runway 4-22 extension has not been accepted by MAC. Council Members Priebe and Susag will attend the July 5 Bloomington City Council discussion of the runway 4-22 issue. Council Meeting Minutes -8- June 27, -1994 • NEW FORD TOWN/RICH ACRES ACQUISITION The neighborhood group is discussing their strategy to assure future FAA funding for the buyout. Item #12 77TH STREET PROJECT STATUS REPORT Community Services Directgr Fondrick reviewed the status of the various aspects and phases of the 77th Street Reconstruction Project includinga • Concrete batch plant and concrete paving • Asphalt paving • Sound wall construction • Construction and grade of railroad crossing • Lyndale Avenue completion by July 15 • Communication to businesses • House removals • Bid status for next phase • Landscaping contract Item #13 LEGISLATIVE REPORT No report. Item #14 COUNCIL DISCUSSION ITEMS Council Member Susag discussed the need for communication to residents on 76th Street east of I-35W regarding potential changes on 76th Street. City Manager Prosser stated a letter would be sent to residents regarding the existing status and indicating that when any future plans are to be considered, the residents will be informed and invited to participate in the process. Item #15 CLAIMS AND PAYROLLS M/Sandahl, S/Susag that the following claims and payrolls be approvede RICHFIELD SANK & TRUST CO. Checks x$653-18710; 46026-46275 $1,492,415.37 Council Meeting Minutes -9- NORWEST BANK Check 1210 FYRSTAR BANK Checks 8090-8113 Payroll 76917-76953; 77617-77978 Motion carried 5-0. l~JOURNMENT sane 27, 1994 $ 13,000.00 $ 510,166.34 $ 396,218.82 The meeting was adjourned by unanimous consent at 9:20 p.m. Date Approved s 7 / 11 / 94 ~ ~ Martin 3 rsch Mayor ~ ~~ ~~ ~~~ homas P. Ferber Prosser City Clerk Ci Manager