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07-11-1994 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING July 11, 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; 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/Sandahl, S/Susag to approve the minutes of the Special City Council Study Session of June 27, 1994; and the minutes of the Regular City Council Meeting of June 27, 1994. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Bob Lindgren, 6339 12th Avenue, discussed issues related to the City policy prohibiting free golf for golf course employees and indicated most other golf courses provide this benefit. He suggested the City Council-review the golf course policies and consider changing the no free golf for employees policy. Item #2 PRESENTATION OF PROCLAMATION AND CERTIFICATE OF RECOGNITION FOR RICHFIELD AND HEREDIA, COSTA RICA SOCCER ASSOCIATIONS. C.L. N0. 190 Cynthia Mandl, Chair of the Sister City Commission, explained the youth sports exchange project involving the Richfield United and Heredia, Costa Rica Pioneers of Flores soccer teams. Council Meeting Minutes -2- July 11, 1994 Council Member Sandahl read and presented a Certificate of Recognition to Terry Bredemus and Linda Comstock of the Richfield Soccer Association in appreciation of their coordination of this project. Council Member Priebe read and presented a proclamation bestowing honorary citizenship in the City of Richfield to chaperones Mercedes Herrera and Asdrubal Aguero. Council Member Rosenberg read and presented a proclamation bestowing honorary citizenship in the City of Richfield to coaches Hugo Vargas and Jorge Zamora. Council Member Susag read and presented a proclamation bestowing honorary citizenship in the City of Richfield to the following Pioneers of Flores team members: Jeiner Aguero Alvaro Sanchez Juan Hernandez Fabio Ortega Carlos Ramirez Oscar Duran Mauricio Barrantes Roy Fernandez Jairo Tabash Oscar Garcia Alexander Viquez Alejair~iu Villegas Fabian Hidalgo Juan Aquero Henry Viquez Jose Zumbado Hermes Segurd Juan Arguedas Asdrubal Aguero presented a plaque of appreciation to the City of Richfield from Heredia, Costa Rica. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR 4A. APPROVED APPLICATION FOR NEW COMMERCIAL KENNEL LICENSES FOR SUDS 'N SCISSORS, 6324 PILLSBURY AVENUE C.L. 191 B. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE FOR AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE C.L. 192 C. APPROVED APPLICATION FOR COMMERCIAL KENNEL LICENSE FOR ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L. 193 M/Sandahl, S/Priebe to approve the consent calendar. Council Meeting Minutes -3- July 11, 1984 Motion carried 4-0. (Susag abstained) Council Member Susag stated that he abstained from voting on approval of the commercial kennel license applications because of the issue of notification was not handled in the same manner as a residential kennel license, despite the fact that one application was for a locaton in a residential area. He suggested the Council discuss at a Study Session a policy of notification for commercial kennel licenses. Item #5 CONSIDERATION OF REQUEST FOR CONDITIONAL U$E PERMIT TO ALLOW INTERMITTENT HOMELESS SHELTER AT HOPE PRESBYTERIAN CHURCH, 7132 PORTLAND AVENUE. C.L. N0. 194 City Manager Prosser reviewed Council Letter No. 194 regarding a request from Hope Presbyterian Church, 7132 Portland Avenue, for a conditional use permit to allow them to operate an Interfaith Hospitality Network (IHN) intermittent homeless shelter. Craig Molm, 7214 Fourth Avenue, stated concerns about the impact on the neighborhood of expanded activities at the Hope Presbyterian Church facility. He requested close monitoring of the program, annual inspections, names and phone numbers for contact people at the City and church, and that Hope Presbyterian keep the neighborhood informed about church activities. Amy Anderson, 7224 Fourth Avenue, requested that the __ neighborhood be notified when the program is being conducted at the church. Diane Gronner, stated that her mother lived across the street from the church. She expressed concern about potential problems from the proposed shelter and asked if this program had been implemented elsewhere. Council Member Rosenberg stated that the reports of similar IHN programs were favorable. She also reviewed local social services resources. Kathy Van Schooten, Hope Presbyterian Church, reviewed the program operations and stated she is not aware of any problems at the 27 Twin City churches who participate in the program. Sandy Huelow, Hope Presbyterian Church, stated referrals to the program come from social service agencies and churches. She stated the schedule is to operate September 4-11, 1994 and December 25, 1994 - January 8, 1995. She stated Hope Presbyterian will then evaluate the program. Council Meeting Minutes -4- July 11, 1994 M/Susag, S/Sandahl to close the public hearina. Motion .carried 5-0. Discussion followed regarding the proposed stipulations, additional stipulations, and neighborhood communication. M/Susag, S/Rosenberg to agnrove a conditional use permit for Home Presbyterian Church, 7132 Portland Avenue, to operate an intermittent homeless shelter (Interfaith Hospitality Network) subject to the following conditionae 1. That the shelter be limited to operate a maximum of four weeks per year and no more than two weeks per quarter. 2. That no more than 16 persons be served by the shelter at one time. 3. That the shelter not serve those actively abusing drugs or alcohol, those with severe mental illness, or those fleeing physical abuse. 4. That meals for those served by the shelter be prepared on- site or in a commercial kitchen. 5. That all building, fire, and health codes be met prior to operation. 6. That the church organize and conduct a neighborhood meeting by September 5, 1994. The purpose of such meeting shall be to provide information and receive input regarding the operation of the IHN Program; and to provide the neighborhood with contact procedures to deal with neighborhood questions or concerns regarding operation of the IHN Program. 7. That the church provide a status report regarding the IHN Program to the City Council in January of 1995. Motion carried 5-0. I Item ~fi CONSIDERATION OF REQUEST FOR AMENDED FINAL DEVELOPMENT PLAN/CONDITIONAL USE PERMIT TO ALLOW SCREENING OF BALCONIES AT LAKE SHORE DRIVE CONDOMINIUMS, 661Cx LAKE SHORE DRIVE. C.L. N0. 195 City Manager Prosser reviewed Council Letter No. 195 regarding a request from the Lake Shore Drive Condominiums to amend the final development plan/conditional use permit to allow the installation of balcony screening enclosures on the building. Howard Bloom, 6615 Lake Shore Drive, spoke in support of allowing the balcony screening enclosures. M/Sandahl, S/Priebe to close the public hearina. Council Meeting Minutes -5- July 11, 1994 Motion carried 5-0. M/Sandahl, S/Rosenberg to approve the amended final development plan/conditional use permit for Lake Shore Drive Condominiums to allow installation of balcony screening enclosures for those owners who want them, with the following stipulations 1. That all screens comply with the specific design and installation criteria, as outlined in the application. 2. That blinds, drapes, shades, or other similar items not be hung on the screens. Motion carried 5-0. Item ~7 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW DAYCARE CENTER FOR UP TO 120 CHILDREN BT ASSUMPTION CHURCH, 305 EAST 77TH STREET. C.L. NO. 196 City Manager Prosser reviewed Council Letter No. 196 regarding a request from New Horizon Child Care for a conditional use permit to operate a daycare center in the school wing of assumption Church, 305 East 77th Street. M/Sandahl, S/Susag to close the public hearinct. Motion carried 5-0. M/Sandahl, S/Rosenberg to approve the conditional use permit for New Horizon Child Care to allow a daycare center for up to 120 children at 305 East 77th Street with the following stipulations.. 1. That the applicable State license be approved. Z. That all building and fire codes be met prior to occupancy. Motion carried 5-0. Item ~8 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION 815 OF CITY CODE RELATED TO USE OF STREETS, SPECIFICALLY SEASONAL LOAD LIMIT REGULATIONS.C.L.N0.197 City Manager Prosser reviewed Council Letter No. 197 regarding a proposed ordinance amendment to exempt solid waste Council Meeting Minutes -6- July 11, 1994 collectors and recyclers from seasonal load limits and to replace the bond requirement with a per load fee to be determined during the annual budget process. M/Susag, S/Sandahl that this constitute the First Reading of Hearing and Second Reading of the ordinance be scheduled for the August 8, 1994 City Council Meeting. Motion carried 5-0. Item ##9 CONSIDERATION OF FIRST READING OF ORDINANCE VACATING PORTION OF WEST 77TH STREET. C.L. NO. 19S City Manager Prosser reviewed Council Letter No. 198 regarding a proposed transitory ordinance to vacate, subject to easements, a portion of west 77th street near the reconstructed intersection of 77th Street and Emerson Avenue. M/Susag, S/Sandahl that this constitute the First Reading of this ordinance vacating portion of West 77th Streets and that the Public Hearing and Second Reading of the ordinance be scheduled for the July 25, 1994 City Council Meeting. Motion carried 5-0. Item #~10 CONSIDERATION OF PRIORITY AND FUNDING FOR STORM WATER IMPROVEMENT PROJECTS. C.L. N0. 199 City Manager Prosser reviewed Council Letter No. 199 recommending the following benefit cost priority for the mayor storm water improvements: 1. 77th Street Phase II - estimated cost $340,000 - benefit/cost ratio is not applicable. 2. Richfield Lake Outlet - estimated cost $275,000 - benefit/cost ratio is greater than 2 when compared to temporary pumping. 3. 69th/70th Penn/Russell - estimated cost $750,000 - benefit/cost ratio is greater than 1 when area-wide benefits are considered. 4. Wood Lake Dredging - estimated cost $250,000 - benefit/cost ratio is not available. Council Meeting Minutes _7_ July 11, 1994 5. 69th and Columbus - estimated cost $330,000 - benefit/cost ratio is approaching 1 when area-wide benefits to the Norby Pond drainage area are considered. 6. Street Flooding Improvement Projects - estimated cost 51,700,000 - benefit/cost ratio is not available. He then reviewed the following funding alternatives to increase available revenue or accelerate the schedule for storm water capital improvement projects: 1. Increase the storm water utility fee by $1.00 per quarter. B. The storm sewer utility could borrow from an internal fund. 3. Pursue funding from outside agencies such as MnDOT. Council Member Susag stated that he was surprised that th® 77th Street Phase II storm.water costs were now the top priority item when they had not been included in the last discussion of storm water projects. He stated that he had assumed the 77th Street Project was funded through Federal, State, and MSA funds. Community Services Director Fondrick stated that some of the storm sewer work was not eligible for funding from these sources. He indicated that the City was taking advantage of the :: opportunity of the 77th Street Project to provide storm- improvements at Washington Park in order to provide flood relief to areas to the north. Council Member Rosenberg stated that 69th Street and Penn Avenue should be the top priority storm water improvement project due to the immediate and serious flooding threat to the residents living there. Council Member Susag suggested that staff communicate to residents that additional funding will be necessary to cover the costs of both storm sewer maintenance and capital improvements. City Manager Prosser reviewed the Storm Water Capital Improvement Funds Revenues and Expenses Worksheet. Lawrence Wozniczka, 6744 Wentworth Avenue, stated concern about the addition of the 77th Street Project to the storm sewer capital project funding list, suggested development should contribute toward storm sewer related improvements, and questioned the accuracy of the storm water data. He also stated concern about increasing the storm water utility fee and suggested the fee be dedicated exclusively for capital improvements. . Council Member Susag indicated he was not comfortable with the presentation of the priorities. si Council Meeting Minutes -8- July 11, 1999 M/Susag to direct staff to prepare for consideration by the City Council a proposal for a 51.00 der quarter increase in the storm water utility fee. Motion failed for lack of a second. Discussion followed regarding funding options, priorities, and the need for specific structured options and information to make a decision. It was the consensus of the City Council that the staff prepare specific recommendations and information regarding storm water improvement projects for consideration by the Council on July 25 including: • Priorities/sequence/scheduling ® Funding alternatives • Project costs • Sequencing plan, funding options and costs for 69th/70th Penn/Russell • Feasibility of redevelopment businesses funding storm sewer related improvements • Storm water u-cili-cy fees • Feasibility of internal fund borrowing Item #11 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport issues: • RUNWAY 4-22 EXTENSION The final Environmental Impact Statement has been issued and comments will be accepted until August 15. The City still has concerns about noise impacts on the City. MnDot turned down the City's suggestion for mediation on this issue. Council Members Priebe and Susag provided a report on the July 5 Bloomington City Council discussion of this issue. City Manager Prosser will proceed to prepare written comments for submittal and to pursue alternatives to have the City's concerns addressed without litigation. Item #~12 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the following projects: Council Meeting Minutes -9- July 11, 1994 77TH STREET RECONSTRUCTION PROJECT s Concrete paving of mainline 77th Street is in progress. ® Completion of the Lyndale Avenue intersection was delayed due to an underground telephone conduit. ® Sound wall construction will resume after curing time for concrete. ® Phase II bid opening is scheduled for August 1. WATER PLANT RENOVATION PROJECT ® Some taste and odor complaints continue. Water samples will be analyzed by a test laboratory. 7GTH STREET AND PENN AVENUE YNTERSECTION s County project has begun. Council Member Susag suggested information about the project be communicated in the Xour City publication. Item x#13 LEGISLATIVE REPORT City Manager Prosser discussed strategy positions related to I-35W, I-494, and high speed bus initiative issues. Mayor Kirsch requested these transportation strategy issues be scheduled for discussion at a Study Session. City Manager Prosser stated that the HRA has requested a concurrent meeting with the City Council on August 1 regarding the ILN Redevelopment Project. Item #~14 COUNCIL DISCUSSION ITEMS Mayor Kirsch announced that Sondra Simonson, District 12 Metropolitan Council Representative, has resigned for health reasons. He stated that the Mayor and City Council are sending a letter to Governor Carlson recommending the appointment of John Hamilton to the position. Mayor Kirsch stated that the Community Services Commission has scheduled discussion of the Fremont Park area residentsa request for park improvements. Council Member Sandahl requested Community Services Director Fondrick to inform the Council on the status of the issue result3.ng from the Community Service Commission meeting. Council Meeting Minutes -10- July 11, 1994 Council Member Susag invited the public to the "Fowl Ball Golf Klassic" scheduled for 3:00 p.m. Saturday, September 10, 1994 at the Rich Acres Par 3 Golf Course. Council Member Rosenberg asked about the golf course policy issues raised by Mr. Lindgren during the Opportunity to Address the Council. City Manager Prosser indicated he did not recommend provision of free golf benefits for gol£ course employees. It was the consensus of the City Council to refer the golf issue to the Community Services Commission for review and recommendation. Item #15 CLAIMS AND PAYROLLS M/Susag, S/Sandahl that the following claims and payrolls be anoroved: RICHFIELD BANK & TRUST CO. Checks 18711-18754; 46279-46539 NORWEST BANK Check 1211 FIRSTAR BANK Checks 8114-8135 Payroll 76955-76979; 78005-78406 Motion carried 5-0. ADJOURNMENT $1,016,898.26 $ 22,000.00 $ 379,565.22 $ 428,280.02 The meeting was adjourned by unanimous consent ate 9:52 p~ m. ~ / Date Approved: 7/25/94 ~~ Cti1J Martin J. i. 6 ~.,~~ ,~ T omas P. Ferber J s D. Pro City Clerk Ci y Manager i1 CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING July 25, 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; 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/Sandahl, S/Priebe to aporove the minutes of the Special City Council Study Session of July 11, 1994; and minutes of the Regular City Council Meeting of July 11, 1994. Motion carried 5-0. Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nicholas Vossberg, 6340 Standish Avenue, read a Richfield Sun-Current letter to the editor written by the owner of Crosstown Cycle regarding the impact of tax increment financing and redevelopment on existing local businesses. Bill Bullock, 7121 Knox Avenue, invited the public to the Richfield Optimist Club Hole-in-One Contest fundraiser August 4,5, & 6 at the Richfield High School Athletic Field. Ernie Lindstrom, 7506 Fremont Avenue, spoke on behalf of a group of residents in the Fremont Park area. They requested consideration by the City Council for initiation of improvements to Fremont Park consisting of the following: • Small pleasure skating rink in the winter utilizing existing garage structure as a warming house. • Age appropriate new playground equipment, especially for younger children. Council Meeting Minutes -2- July 25, 1994 It was the consensus of the City Council that City staff prepare a proposal to respond to this request for consideration as part of the capital improvement budget. City Manager Prosser stated that the Community Services Commission is also reviewing this issue and its relationship to scheduled improvements at other parks. Item #2 PRESENTATION OF $100 CASH AWARD FROM RICHFIELD CRIME FUND AND CERTIFICATE OF APPRECIATION FROM RICHFIELD PUBLIC SAFETY TO CITIZENS JEAN DAVIS AND KATHLEEN DAVIS FOR ASSISTANCE IN APPREHENSION OF CAR THIEVES. C.L. N0. 200 Public Safety Director Erskine read and presented Certificates of Appreciation from the Richfield Public Safety Department to Jean Davis and Kathleen Davis for assistance in the apprehension of car thieves. Ernie Lii~c~stxom and Joe Menning presented cash awardv to them from the Richfield Crime Fund. Item #3 PRESENTATION OF $100 CASH AWARD FROM RICHFIELD CRIME FUND AND CERTIFICATE OF APPRECIATION FROM RICHFIELD PUBLIC SAFETY TO CITIZENS MARC ESTALL; JASON ZENK; CHARLES REED, JR.; ROBERT RIEDFORT; KATHY LANGE; AND JARED RASMUSSEN FOR ASSISTANCE IN APPREHENSION OF PURSE SNATCHER. C.L. N0. 201 Public Safety Director Erskine read and presented Certificates of Appreciation from the Richfield Public Safety Department to the following citizens in recognition for assistance in apprehension of a purse snatcher: Marc Estall Jason Zenk Charles Reed, Jr. Robert Riedfort Kathy Lange Jared Rasmussen Ernie Lindstrom and Joe Menning presented cash awards to them from the Richfield Crime Fund. Mr. Lindstrom explained the Richfield Crime Fund program. Item #4 PRESENTATION OF AWARD OF EXCELLENCE FROM MINNESOTA RECREATION AND PARK ASSOCIATION FOR RICHFIELD'S ADVENTURE GARDENS MINIATURE GOLF FACILITY. C.L. N0.202 Ron Schwartz, representing the Minnesota Recreation and Park Association (MRPA), presented the MRPA Award of Excellence to the City for Richfield's Adventure Gardens Miniature Golf facility. Council Meeting Minutes -3- Item #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Priebe to approve the agenda. Motion carried 5-0. Item #6 CONSENT CALENDAR July 25, 1994 6A. APPROVED RESOLUTION AUTHORIZING EXECUTION OF 1994 (YEAR XX) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT AGREEMENTS C.L. 203 RESOLUTION NO. 8162 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1994 (YEAR XX) THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This resolution appears as Resolution No. 8162 in Resolution Book No. 64. B. APPROVED REQUEST BY CHURCH OF THE ASSUMPTION FOR ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE, ITINERANT PLACE OF AMUSEMENT LICENSE AND ITINERANT FOOD LICENSE WITH FEE WAIVER FOR 1994 FUN FEST ON AUGUST 13 AND 14, 1994 C.L. 204 C. APPROVED APPLICATIQN FOR COMMERCIAL KENNEL LICENSE FOR WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 205 D. APPROVED ESTIMATE #12 PAYMENT FOR WATER TREATMENT PLANT MODIFICATIONS; BOR-SON CONSTRUCTION; 55,245.00 E. APPROVED ESTIMATE #1 PAYMENT FOR MADISON PARK SITE IMPROVEMENT CP 899; BARBER CONSTRUCTION CO., INC.; $44,620.27 F. APPROVED FINAL PAYMENT FOR SUPPLYING TWO LIME SLAKERS; CHEMCO; 52,887.50 M/Susag, S/Sandahl to approve the consent calendar. Motion carried 5-0. Item #7 DISCIPLINARY HEARING TO CONSIDER SUSPENSION ON NON- INTOXICATING MALT LIQUOR AND WINE LICENSES FOR THE FRENCHMAN'S TAVERN, 1400 EAST 66TH STREET. C.L.NO. 206 Council Meeting Minutes -4- July 25, 1994 City Manager Prosser reviewed Council Letter No. 206 regarding the recommendation to suspend the non-intoxicating malt liquor and wine licenses of the Frenchman°s Tavern, 1400 East 66th Street. Public Safety Director Erskine reviewed the incident regarding the alleged sale of non-intoxicating malt liquor to a minor. He stated the recommended stipulation of discipline was a four day suspension of the licensee's 1994 on-sale non- intoxicating malt liquor and wine licenses. Mary Christine Blake and Dean Blake, operators of the Frenchman's Tavern, stated agreement to the stipulation and acknowledged the seriousness of the issue to their business and reputation. Council Member Priebe stated the incident was a result of an employee's actions not the proprietor's, and asked if the Council had the authority to impose a lesser penalty. Assistant City Attorney Heine stated that the Council does have discre=~ion in ~che na~%~%er, I~®wever, i-i, was iizp©~°°~ai~t t© maintain the integrity of. the licensing program with consistent enforcement actions. Public Safety Director Erskine reviewed disciplinary actions related to previous liquor license violations, indicating a four day suspension or a substantial fine had been stipulated in those cases. City Manager Prosser stated that it is the responsibility of owners and operators to assure the business and employees perform according to the law. M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to suspend the non-intoxicating malt liquor and wine licenses for the Frenchman's Tavern for a period of four consecutive days beginning August 20, 1994 through August 23i 1994 and to authorize the Mayor and City Manager to execute the stipulation agreement. M/Priebe to amend the main motion to provide for a two day suspension instead of four days. Motion failed for lack of second. Mayor Kirsch called for a vote on the motion before the Council. Motion carried 4-1. (Priebe opposed) Council Meeting Minutes -5- July 25, 1994 Item #8 PUBLIC HEARING AND SECOND READING OF ORDINANCE VACATING A PORTION OF WEST 77TH STREET; NEAR RECONSTRUCTED INTERSECTION OF EMERSON AVENUE AND 77TH STREET. C.L. N0. 207 City Manager Prosser reviewed Council Letter No. 207 regarding a proposed ordinance to vacate a triangular area east of Emerson Avenue and south of the new 77th Street. Assistant City Attorney Heine stated that the following language has been added to Section 3 of the proposed ordinance: "reserving, however, easements for existing public utilities." Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns that this land may be needed for a possible future link to the I- 494/I-35W interchange ring road through the Cloverleaf property. He urged the Council not to vacate this parcel until the I-494/I- 35W plans are final. Community Services Director Fondrick discussed the design concepts related to the I-494/I-35W interchange. He stated none of them would require this parcel. He also indicated MnDOT had approved the 77th Street concept design as a detached I-494 frontage road. Mr. Wozniczka discussed the traffic issues related to 76th Street West of I-35W and the 77th Street Project. M/Priebe, S/Sandahl to close the public hearing. Motion carried 5-0. Council Member Priebe asked questions regarding the disposition of the parcel and the potential for leasing. Assistant City Attorney Heine indicated the parcel was subject to condemnation by the HRA for the ILN Phase I Redevelopment Project. She stated it would be sold to the CSM Corporation and be utilized as a landscape area for the project. Council discussion followed regarding the I-494/I-35W interchange ring route connection, maintaining the integrity of the Cloverleaf site for development, and traffic issues. M/Sandahl, S/Susag that this constitute Second Reading of Bill No 1994-11, Transitory Ordinance 17.57 vacating a portion of 77th Street West near Emerson Avenue South• that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes -6- July 25, 1994 Item #9 PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS FOR RICHFIELD REDISCOVERED PROGRAM. C.L. NO. 208 City Manager Prosser reviewed Council Letter No. 208 regarding consideration of approval of modifications to the Richfield Rediscovered Program Redevelopment Plans and Tax Increment Financing Plans. M/Sandahl, S/Rosenberg to close the public hearing. Motion carried 5-0. 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. 8163 RESOLUTION APPROVING THE REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS FOR THE RICHFIELD REDISCOVERED PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 8163 in Resolution Book No. 64. Item #10 CONSIDERATION OF RESOLUTION APPROVING CONSTRUCTION ENGINEERING CONSULTANT AGREEMENT FOR PHASE II (PORTLAND AVENUE TO CEDAR AVENUE) OF 77TH STREET PROJECT BETWEEN BRW, INC. AND CITY OF RICHFIELD. C.L. N0. 209 City Manager Prosser reviewed Council Letter No. 209 regarding a proposed Construction Engineering Agreement for Phase II of the 77th Street Project between BRW, Inc. and the City of Richfield. 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 N0. 8164 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BRW INC. FOR CONSTRUCTION ENGINEERING FOR PHASE II OF THE 77TH STREET PROJECT IN THE CITY OF RICHFIELD Motion carried 5-0. This resolution appears as Resolution No. 8164 in Resolution Book No. 64. Council Meeting Minutes -7- July 25, 1994 Item #11 CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF HEALTH AND PLANNING COMMISSION. C.L. N0. 210 M/Sandahl, S/Rosenberg to approve following appointments to the Advisory Board of Health: Robert See Term to Expire January 31, 1995 Cindy Dubansky Term to Expire January 31, 1997 Motion carried 5-0. M/Sandahl, S/Rosenberg to approve following appointment to the Planning Commission: David Gepner Term to Expire January 31, 1996 Motion carried 5-0. Item #12 CONSIDERATION OF STORM WATER CAPITAL IMPROVEMENT-.- PROGRAM. C.L. N0. 211 City Manager Prosser reviewed Council Letter No. 211 regarding the following three options for scheduling and funding Storm Water Capital Improvement Program projects: __ • Option A - a status quo program that assumes no rate increase and no borrowing • Option B - assumes a 13.2 storm sewer utility rate increase and no borrowing to accelerate the project schedule. • Option C - assumes a 13.2$ storm sewer utility rate increase and borrowing from internal funds. Mr. Prosser stated that the options were being presented at this time by Council direction and that confirmation of a rate increase, if proposed, would occur as part of the budget approval process. Lawrence Wozniczka, 6744 Wentworth Avenue, asked what was involved in the 77th Street Phase II storm sewer work. Community Services Director Fondrick reviewed the storm sewer improvements that are being done in conjunction with the 77th Street Project, including the storm water holding pond constructed in Washington Park. M/Susag, S/Rosenberg to approve Option B, including a proposed 13.2 increase in the storm water utility rate which is anticipated to be adopted after consideration as a part of the 1994 Budget. Motion carried 5-0. Council Meeting Minutes -8- July 25, 1994 Item #13 AIRPORT STATUS REPORT City Manager Prosser reviewed the following airport issues: • RUNWAY 4-22 EXTENSION Staff is continuing efforts to work within the process to have the City's concerns heard regarding the 4-22 Environmental Impact Statement. Staff is considering bringing the issues before the Metropolitan Council, wi-~h direction and assistance from the City Council. The City's written comments on the 4-22 Environment Impact Statement are being prepared for submittal. Legal options will also be reviewed. It was the consensus of the Council that staff proceed to request Metropolitan Council review. Council Member Priebe reviewed the agenda of the Noise Conference which he will be attending. Lawrence Wozniczka, 6744 Wentworth Avenue, asked questions about the authorization and review of costs related to airport issues. City Manager Prosser discussed the budgeting process, monthly financial statements, Council oversight, audit reports, and professional services issues. He also noted that in the event the City would initiate legal action related to the Runway 4-22 extension, specific authorization and funding would have to be approved by the City Council. Council Member Priebe stated it has been the Council's policy to support an activist position by City staff regarding airport issues. Item #14 77TH STREET PROJECT STATUS REPORT Community Services Director Fondrick reviewed the status of the following 77th Street Project items: • The Lyndale Avenue intersection is now open with signal operation anticipated to begin this week. [1 • The Nicollet Avenue intersection is scheduled to be open on Friday. • Curb and gutter concrete work is preceding. • Phase II bid opening is scheduled for August 1. • A design compromise was reached for the New Orleans Court driveways. I ~- Council Meeting Minutes -9- July 25, 1994 • Phase III funding authorization by Congress has not been approved yet. Item #15 LEGISLATIVE REPORT No report. i Item #16 COUNCIL DISCUSSION ITEMS Council Member Priebe stated he had recently received several complaints about water quality. City Manager Prosser reviewed the steps being taken to monitor and resolve water quality complaints, including retaining a consultant to review and investigate this issue. Council Member Susag invited the public to the "Fowl Ball Golf Klassic" scheduled for Saturday, September 10, 1994 at-the Rich Acres Golf Course. ~- Item #17 CLAIMS AND PAYROLLS ~l M/Sandahl, S/Susag that the following claims and payrolls be approved• RICHFIELD BANK & TRUST CO. Checks: 18755-18806; 46543-46854 $1,285,985.04 NORWEST BANK Check: 1212 $ 10,000.00 FIRSTAR BANK Checks: 8136-8159 $ 518,020.98 Payroll: 78414-78866 S 431,802.96 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:20 .m. a Date Approved : 8/ 8/ 94 ^ artin i ch Mayor Q ~l~ [Gc~2 Thomas P. Ferber Jam D. Pro ser City Clerk Cit Manager