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04-10-95 Regular REGULAR CITY COUNCIL MEETING April 10, 1995 Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; MEMBERS PRESENT: Russ Susag; and Don Priebe. STAFF PRESENT:James Prosser, City Manager; Steven Administrative Services Director; Bruce Palmborg, Housing Redevelopment Coordinator; Donald Fondrick, Community Services Director; William Fillmore, Liquor Operations Director; Jack Public Safety Directory; Thomas Ferber, City Clerk; and Corrine Heine, Assistant City Attorney. The meeting was called to order by Mayor Kirsch at 7:00 p.m. Mayor Kirsch led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES S/Susag to approve the minutes of the Regular City Council Meeting of March 27. 1995: and the minutes of the City Council Study Session of April 3. 1995. Item OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Bill Bullock, Chair of the Friends of Wood Lake (FOWL) Board, invited the public to the annual FOWL Dinner fundraiser scheduled for Friday, April 28 at the VFW. Item PRESENTATION OF 1994 COMMUNITY SERVICE AWARD FROM UNITED STATES TENNIS ASSOCIATION, NORTH WESTERN SECTION TO MARYKAYE RECREATION SUPERVISOR. C.L. NO. 102 April 10. 1995 Bach, Executive Director of the North Western Tennis Association, Marcia presented the 1994 Award from the United States Tennis Association (USTA) to Recreation Supervisor. Item PRESENTATION OF PROCLAMATION DESIGNATING APRIL 1995 CHILD ABUSE PREVENTION MONTH IN OF RICHFIELD AS SUPPORTED BY MINNESOTA COMMITTEE FOR PREVENTION OF CHILD ABUSE. Council Member Rosenberg read a proclamation designating April 1995 as Child Abuse Prevention Month in the City of Richfield in support of the Minnesota Committee for Prevention of Child Abuse. She urged residents to wear blue ribbons to show support for child abuse prevention programs. Item COUNCIL APPROVAL OF AGENDA to approve the agenda. Item CONSENT CALENDAR APPROVED PURCHASE IN EXCESS OF $5,000 FOR UTILITY VEHICLES FOR USE BY DIVISION FROM MTI DISTRIBUTING COMPANY IN AMOUNT OF C.L. 103 consent calendar. the Motion carried. Item PUBLIC HEARING REGARDING PROPOSED TRANSFER OF OWNERSHIP OF PARAGON CABLE TO TIME WARNER, INC. C.L. NO. 104 City Manager Prosser reviewed Council Letter No. 104 regarding the proposed transfer of ownership of Paragon Cable to Time Warner, Inc. April Council Meeting Minutes of services to customers. Council Member Priebe asked questions about the relationship of Time Warner, Inc. to U.S. West and the implication on future consumer choices related to alternative communication/cable TV forms. Mr. indicated that Time Warner, Inc. owns Time Warner Entertainment of, which U.S. West has a 25% interest. He stated that U.S. West would have no financial connection to Time Warner Inc. or Paragon Cable. Terry Harris, Fredrickson and Byron, attorneys for the Southwest Suburban Cable Commission, outlined the process that the Commission is using to review this matter and formulate a recommendation to the franchise cities. Council Member Priebe asked about the City’s right to purchase the cable system. Ms. Harris responded that the City does have the right to system, however the purchase would have to be at market price rather than depreciated value. to continue the public hearina reaardina the prooosed transfer of ownershio of Paraaon Cable to Time Warner. Inc. to the June 12, 1995 Citv Council Meetina and to request the Southwest Suburban Cable Commission to review this matter and make a recommendation to the Citv prior to the June 12. 1995 continued hearing. PUBLIC HEARING REGARDING REQUEST FOR AMENDED FINAL, DEVELOPMENT PLAN/CONDITIONAL USE PERMIT TO ALLOW MODIFICATION OF GRAND AVENUE ENTRANCE TO PARKING LOT OF CLINIC, 407 WEST 66TH STREET. C.L. NO. 105 City Manager Prosser reviewed Council Letter No. 105 regarding the request by Richfield State Agency for a modification to the amended final development plan/conditional use permit to allow the Grand Avenue entrance to the parking lot of the Clinic, 407 West 66th Street, to utilize pavement stripping instead of a raised concrete median. Jan Susee, attorney for Richfield State Agency, stated that the median would create a snowplowing problem, would not prevent turning movements, nor would it impact traffic on Grand Avenue. He indicated R.S.A. was not aware of the median being included in the plan. April 1995 Council Member Sandahl stated that it was his recollection that the median wasin response to ems expressed by neighbors. He indicated concern that this commitment should be kept. He asked if the neighbors favored this modification. Mr. Susee stated that the neighbors who attended the Planning Commission hearing perceived the median as a non-issue. He indicated they were concerned about other traffic issues in the area. Council Member Rosenberg stated that it is important to keep the promise made to the neighbors. Council Member Susag stated his recollection of this issue was different than Council Members Sandahl and Rosenberg. He recalled that the discussions related to the median located on Grand Avenue, not the entry/exit to the parking lot. Council Member Priebe stated that it appeared the issue was not the median but rather the on Grand Avenue.He suggested that the City Council could order traffic counts on Grand Avenue and review of the record as to discussion of the median. Tim Erlander, 7500 Thomas Avenue, Secretary of the Planning Commission, stated that the neighbors at the Planning Commission meeting were not concerned with the median but instead disputed the validity of the traffic counts on Grand Avenue. The City Council asked the residents from the neighborhood in the audience if they had any comments. No one wished to speak on the issue. City Manager Prosser indicated that the development plan discussed at the neighborhood mediation sessions and later submitted to the City included a raised concrete median at the Grand Avenue entrance. He stated that an amendment to the final development plan/conditional use permit would require an affirmative vote of at least four Council Members. Mr. Susee stated that R.S.A. had constructed all of the landscaping and other items requested. He indicated this was one small item of no importance. He stated the issue with the neighbors was a difference of opinion about traffic counts. to close the public hearing. to approve the request of the Richfield State for an amended final development plan/conditional use to the modification of the Grand Avenue entrance to the Clinic, 407 West 66th Street. allowina pavement strippina in of a raised concrete median. Council Meeting Minutes ItemCONSIDERATION OF FIRST READING OF AMENDMENT TO CITY ORDINANCE SUBSECTION 315.01, SUBDIVISIONS 2 AND 7 REGARDING DISPOSITION OF UNCLAIMED PROPERN IN POSSESSION OF CITY. C.L. NO. 106 CityManager Prosser reviewed Council Letter No. 106 regarding, a proposed ordinance amendment to change the requirement to hold unclaimed property from six months to 60 days. He indicated State Statute requires that property be held for 60 days and this amendment would make the City holding time consistent with State Statute. Council Member Priebe asked questions about the notification of crime victims when stolen property is recovered by the police. Public Safety Erskine reviewed notification procedures used by the police related to the recovery of stolen property. He explained the Operation I.D. program and its importance in the identification and return of stolen property to victims. that this constitute the First Readina of this ordinance amendment. to subsection 315.01 sub. 2 and 7 reaardina disposition of unclaimed propertv. and that the Public Hearina and Second Readina of the ordinance be scheduled for the May 8. 1995 City Council meeting. ItemAIRPORT STATUS REPORT CityManager Prosser reviewed the status of the following airport related issues: RUNWAY 4-22 EXTENSION The F.A.A. Record of Decision has been released approving the E.I.S. Staff has met with Bloomington and Eagan regarding alternatives for participation in potential litigation. Staff will continue efforts to work with the Metropolitan Council on this issue since they must approve funding for the project. Airport Counsels Pflaum and Dayton will prepare and file appropriate documents by deadline to preserve the litigation alternative. City Manager Prosser summarized some of the major issues and question raised in the Record of Decision. He urged interested residents to testify or contact the Metropolitan Council about this issue. Mr. Prosser stated staff continues to meet with the MAC, other cities, and Metropolitan Council representatives to address airport issues related to land use compatibility, noise, and redevelopment. Council Member Susag and Sandahl suggested an update on litigation status be provided at the April 24 City Council meeting. Item 77TH STREET PROJECT STATUS REPORT Community Services Director reviewed the status of the 77th Street Project indicating that the contractor is working on the utilities, and removals east Portland Avenue. Mayor requested that staff check the condition of the 77th Street railroad crossing surface. Item 1 LEGISLATIVE REPORT City Manager Prosser reviewed the status of the following legislative issues: High Speed Bus legislation. ¦ Legislation to authorize the HRA to initiate a holding company to receive and ¦ manage certain apartment buildings. Local Government Aid (LGA) and Homestead and Agricultural Credit Aid (HACA) ¦ legislation. Urban Strategies legislation. ¦ Item COUNCIL DISCUSSION ITEMS Council Member Susag discussed and asked questions about the impact of certain utility rate changes and usage on the amount of residents’ utility bills. Administrative Services Director reviewed and answered questions regarding the factors which result in the increases in utility bills including increased sewer and storm sewer rates, the new street lighting maintenance fee, the annual $5.21 State of Minnesota water lab fee, reduction of the Hennepin County recycling credit, and in water gallon usage. differences Council Member Susag discussed a letter received from M. J. Lapensky, 6621 Stevens Avenue, complaining about the house which was built next door to him. Discussion followed regarding the rights of property owners to build within the setback, zoning, and building code requirements. City Manager Prosser stated staff would respond to Mr. Lapensky. April IO, Council Member Rosenberg reported on the open house held to discuss West 76th Street improvement alternatives. She requested that staff develop a timetable for action so that a decision can be made to end the uncertainty for the residents. item CLAIMS AND PAYROLLS Council Member Susag inquired about a partial return of deposit to Dominium listed on the claims and payrolls. HRA Coordinator indicated that this return was part of a deposit to the State of Minnesota passed through the City. He stated a separate deposit was made by Dominium to cover the City’s out of pocket expenses related to their request for tax exempt bonds. S/Priebe that the followina claims and payrolls be approved: ADJOURNMENT The meeting was adjourned by unanimous consent at p.m. Date Approved: Mayor Martin J. James D. Prosser Thomas P. Ferber City Manager City Clerk