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06-12-95 Regular CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING June Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; MEMBERS PRESENT: Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative STAFF PRESENT: Services Director; Byron Wallace, Community Development Director; Donald Fondrick, Community Services Director; William Fillmore, Liquor Operations Director; Jack Erskine, Public Safety Directory; Thomas Ferber, City Clerk; and John Dean, 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. ItemPRESENTATION OF CERTIFICATES OF APPRECIATION TO 1995 MISS RICHFIELD CANDIDATES. C.L. NO. 145 Council Member Rosenberg read and presented Certificates of Appreciation to 1994-1995 Miss Richfield Royalty members Gaibor and Tracy Stanchfield and to the following 1995-l 996 Miss Richfield candidates: Lisa Blake Marcy Anne Brovold Sharon Marie Churchill Dana Cimino Heather Eidsmo Marjie Kaiser Jennifer Marie Reher Jill Stevens ItemPRESENTATION OF FOURTH OF JULY BUTTONS FROM RICHFIELD HIGH SCHOOL DRUM MAJORS Mayor Kirsch urged residents to purchase Fourth of July buttons and indicated the Richfield High School Drum Majors were unable to attend tonight’s meeting. ItemPRESENTATIONOF “GENE AND MARY JACOBSEN OUTSTANDING CITIZEN” AWARD TO LOWELL LARSON. C.L. NO. 146 Ben Arriola, Chair of the Human Rights Commission, presented the “Gene in recognition of and Mary Jacobsen Outstanding Citizen Award” to Lowell Larson his long proactive work as Richfield’s School Superintendent. ItemPRESENTATIONOF TEN YEAR SERVICE AWARD BY MN SPORTS FEDERATION TO CITY OF RICHFIELD FOR HOSTING SOFTBALL TOURNAMENTS FOR TEN YEARS. C.L. NO. 147 Perry Coonce, representing the Minnesota Sports Federation, presented the Minnesota Sports Federation’s Ten Year Distinguished Service Award to Recreation Manager Frank White in recognition of the City’s hosting amateur softball tournaments for ten years. ItemCOUNCIL APPROVAL OF AGENDA the agenda. Motion carried ItemCONSIDERATION OF DECISION ON 76TH STREET WEST OF I-35W STUDY. C.L. NO. 148 City Manager Prosser reviewed Council Letter No. 148 regarding the history of studies conducted and actions taken regarding traffic and environmental issues along 76th Street from I-35W to Xerxes Avenue.He stated that alternative four 12 foot lanes with left turn lanes, amedian, and screen walls, was the preferred alternative for widening 76th Street as recommended by the Ad Hoc Committee. Tim Erlander, 7500 Thomas Avenue, submitted a petition (Clerks File No. C-354) titled “Neighbors Supporting Neighbors” containing approximately 400 signatures of residents west of to Avenue, 74th Street to l-494, in opposition to the removal of any homes and Alternative for 76th Street. Mr. Et-lander spoke in opposition to Alternative questioning the need for the expansion of the roadway, removal of stop signs, loss of homes, and walls separating the neighborhood. June 12, 1995 Howard 7608 Sheridan Avenue, spoke in opposition to Alternative citing the loss of homes, the safety need for the stop sign at Sheridan Avenue and the negative impact of the proposed walls. He suggested that the roadway be widened by three feet and repaved without the loss of any homes. Betty Alexander, 7544 Sheridan Avenue, spoke in opposition to widening the street by three feet citing the negative impacts of moving the road closer to her home. She stated support for doing nothing but if that isn’t possible, she would favor Alternative for the future. Mark Heber, 7545 Sheridan Avenue, spoke in support of Alternative as need to take the addressing the identified problems for the long term. He stated the Hugh Heinecke, 7532 Thomas Avenue, spoke in opposition to Alternative stating that a four lane roadway does not require medians, walls, or removing houses. Jennifer Reher, 7527 Thomas Avenue, spoke in opposition to Alternative stating issue about caring that this is an emotional for people and the community rather than traffic. Vera Ziverts, 7545 Vincent Avenue, spoke in opposition to Alternative the loss of her home and the emotional stress that this would cause. She indicated experiencing no vibration problems from the road and that traffic problems have improved since the 76th Street and Penn Avenue intersection was reconstructed. Thurlow (Ted) Shuler, 7503 Fremont Avenue, spoke in opposition to Alternative citing the loss of homes and trees to accommodate the automobile as something the Tom Ballinger, 7601 Upton Avenue, stated that several years of study the committee had recommended Alternative as best addressing the problems. He stated concern that now an alternative will be picked that doesn’t address these problems because of the reaction of those who are not directly affected by the traffic. Betty Gustafson, 7327 Thomas Avenue, spoke in opposition to any more removal of homes in Richfield. Sharon 2000 West 76th Street, spoke in opposition to any plan that would take homes. removal of Carolyn Marquardt, 7300 Lyndale Avenue, stated concerns about the trees on Humboldt Avenue for a sewer project, the impact of widening 76th Street, and the uncertainty of improvements to l-494 making this a premature decision. Council Member Priebe stated that funding for a 76th Street Project would come from Municipal State Aid (M.S.A.) funds not property taxes. June 12. 1995 June 12, 1995 Council Member Sandahl stated the City would pay for the signs. side with the roadway centered within that existing right-of-way Council Member Susag stated appreciation for the input from residents. He stated he was convinced of the need to stay as close as possible within the existing right-of-way and the need for the additional three feet as proposed in Alternative for the wider lanes buses and trucks. to alleviate the problems caused by desian for 76th Street west of I-35W to Xerxes Avenue. Council Member Rosenberg discussed the vision of maintaining the integrity of the more traffic to the City’s neighborhoods. She stated Alternative would bring Alternative for their input on this issue and interest in the community. She stated Alternative was not right for the City at this time. Council Member Sandahl stated that this was a very controversial issue with a lot of the process. He stated for removal of participation in in some cases there is a benefit Council Member Priebe stated that he didn’t support Council Member Susag’s motion. He stated he supported only resurfacing the existing roadway and was not comfortable with moving the roadway closer to the homes on the south side. He indicated that sometime in the future a major change may become necessary, but that the majority seem to be satisfied with the existing size and configuration, if it is just resurfaced at this Mayor stated that just resurfacing would not address the lane problems with buses and trucks, therefore he would support Council Member Susag’s motion for Alternative Council Member Susag indicated that the intent of his motion for Alternative was that the stop signs on 76th Street at Sheridan Avenue and Vincent Avenue would remain. He also stated that he supported burying the utilities on 76th Street underground if it is also feasible. Council Member Susag indicated that it was his intent that a bike path not be considered as part of this project. Motion carried (Priebe opposed) CITY OF MAY (2) REGULAR COUNCIL MEETING OF MAY 22, . . the minutes of the Council of 1995: the minutes of the reaular Council Meeting of 1995: andthe June minutes of the Studv of A. APPROVED RESOLUTION AUTHORIZING NAME CHANGE FROM RICHFIELD SISTER CITY COMMISSION TO RICHFIELD FRIENDSHIP CITY COMMISSION 149 RESOLUTION ESTABLISHING NAME CHANGE OF RICHFIELD SISTER CITY COMMISSION TO RICHFIELD FRIENDSHIP CITY COMMISSION This resolution appears as Resolution No. 8248 in Resolution Book No. 65. APPROVED APPLICATION FOR COMMUNITY CELEBRATION EVENT LICENSE AND FEE WAIVER FROM FOURTH OF JULY FOR JULY 4, 1995 C.L. 150 APPROVED APPLICATION FOR TEMPORARY ON-SALE, NON-INTOXICATING MALT LIQUOR LICENSE AND FEE WAIVER FROM FRED BABCOCK V.F.W. POST 5555 FOR JULY C.L. 151 APPROVED APPLICATION FOR TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE AND FEE WAIVER FROM MINNEAPOLIS-RICHFIELD LEGION POST435 FOR JULY 4, 1995 C.L. 152 June 1995 Item MALT LIQUOR LICENSE FOR RESTAURANT, INC., 6345 PENN AVENUE. C.L. NO. 153 Item CONSIDERATION OF REQUEST FOR AMENDED CONDITIONAL USE PERMIT TO ALLOW OF UP TO 60 CHILDREN IN TECHNICAL COLLEGE’S PARENT-INFANT EDUCATION PROGRAM IN LINCOLN HILLS CENTER, 7440 PENN AVENUE. C. L. NO. 154 June 12, 1995 the amendment to the use oermit for CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO Item ALLOW BIXBY’S BAGEL COMPANY TO OPERATE RESTAURANT AT 2906 WEST66TH STREET (SOUTHDALE SQUARE). C.L. NO. 155 Bixby’s Bagel Company for a conditional use permit to operate a restaurant at 2906 West hearing. to close the S/Rosenberg a use for s Item CONTINUATION OF PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING APPROVING TRANSFER OF OWNERSHIP OF Administrative Services Director reviewed Council Letter No. 156 regarding He stated that the proposed transfer of ownership of Paragon Cable to Time Warner Inc. after evaluating Time Warner, Inc. with respect to its legal, technical, and financial qualifications, the Southwest Cable Commission (SWCC) recommended that each of its member cities approve the proposed transfer of ownership and incorporating an acceptance agreement submitted by Time Warner, Inc. Council Member Priebe summarized the SWCC discussions on the transfer and He indicated that the transfer will apparently not affect the revisions to the documents. plans to upgrade channel capacity upon negotiation of an acceptable early renewal. to close the public hearing. June 12, 1995 PUBLIC HEARING ItemAND SECOND READING OF ORDINANCE AMENDING SECTION 925.09 AND REPEALING SECTION 1320.11 OF CODE OF ORDINANCES REGARDING APPEAL PROCEDURES FOR CERTAIN CODE VIOLATIONS AND BRINGING SECTION 925.09 INTO COMPLIANCE WITH CURRENT STATE STATUTES. C.L. NO. 157 Section and the and . Item CONSIDERATION OF FIRST READING OF UPDATES TO SECTION 310 OF CITY CODE, PERSONNEL SECTION. C.L. NO. 158 Council Meeting Minutes CityManager Prosser reviewed Council Letter No. 159 recommending approval of a labor agreement with the International Association of Firefighters Local 1215 bargaining unitfor calendar years 1995 and 1996. follow adopt& that itbe spread in the book and that it be SOLUTION NO. 875Q RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION FOR THE OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT Motion carried 5-Q. This resolution appears as Resolution No. 8250 In Resolution Book No. CityManager Prosser reviewed Council Letter No. 160 regarding the proposed purchase of Landscape Structures Playground equipment for Fremont Park. the purchase of Structures ound at Fremont Park from Earl F. Inc. the $14.. . Motion carried 5 -1 June Item CONSIDERATION OF COUNCIL INPUT AND STAFF DIRECTION ON ISSUANCE OF RESTAURANT LICENSE TO LEVI’S RESTAURANT, 6509 AVENUE. C.L. NO. 161. City Manager Prosser reviewed Council Letter No. 161 regarding the issuance of a restaurant license to Levi’s Restaurant, 6509 Nicollet Avenue. It was the consensus of the City Council that it appeared that the concerns of the neighbors were apparently resolved at the neighborhood meeting and no further input was necessary for City staff to issue the license. Item 9 AIRPORT STATUS REPORT City Manager Prosser stated that the mediation sessions regarding the Runway 4- 22 Extension had begun today and the initial session had dealt mostly with organizational Council Member Priebe stated that he would represent the City at the upcoming NOISE Conference. Item 77TH STREET PROJECT STATUS REPORT Community Services Director reviewed and answered questions regarding the following 77th Street Project issues: 12th Avenue will be closed to traffic until resurfacing is completed. ¦ Construction and a water main break caused the two temporary shut offs of water ¦ to the Towers building. Funding for Phase III has not yet been approved but Congressman Sabo’s is ¦ optimistic. Mayor requested that staff provide a 77th Street construction schedule timetable to the Council. Item LEGISLATIVE REPORT June 12, 1995 Item COUNCIL DISCUSSION ITEMS determined in the near future. Council Member Susag invited the public to the Augsburg Park Friends of the AND PAYROLLS Item CLAIMS the followina claims and be Check: 1233 Checks: 8604-8639 Payroll: 85937-85973; 86582-86873 ADJOURNMENT The meeting was adjourned by unanimous consent at 9:00 p.m. Date Approved: Mayor Martin J. James D. Prosser Thomas P. Ferber City ClerkCity Manager