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08-14-95 Regular CITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING August MEMBERS PRESENT:Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ Susag; and Don Priebe. James Prosser, City Manager; Steven Administrative STAFF PRESENT: Services Director; Bruce Palmborg, Acting Community Development Director; Donald Fondrick, Community Services Director; William Fillmore, Liquor Operations Director; Jack Erskine, Public Safety Directory; Thomas Ferber, City Clerk; Julie Urban, Zonaing Administrator; 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 the minutes of the Special City Council of July 24. 1995 and the minutes of the Regular City Council Meeting of July 24. Item OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item COUNCIL APPROVAL OF AGENDA the aaenda. Motion carried 5-Q. August 14, 1995 Item CONSENT CALENDAR A. APPROVED RESOLUTION AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH HENNEPIN COUNTY FOR 1995 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM C.L. 201 NO. 8266 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENTS WITH HENNEPIN COUNTY FOR 1995 URBAN HENNEPINCOUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This resolution appears as Resolution No. 8266 in Resolution Book No. 65. APPROVED AUTHORIZATION TO USE OF $3,000 OF MUNICIPAL STATE AID FUNDS AS CITY’S LOCAL SHARE OF FEDERAL GRANT TO COVER START UP OPERATING COSTS FOR l-494 INTEGRATED CORRIDOR TRAFFIC MANAGEMENT DEMONSTRATION PROJECT C.L. 202 APPROVED AUTHORIZATION TO EXECUTE FIRST AMENDMENT TO CITY OFRICHFIELDGOLF COURSE LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION C.L. 203 APPROVED RESOLUTION ADOPTING ASSESSMENT OF INSTALLATION OF 7227 PENN AVENUE C.L. 204 RESOLUTION NO. 8767 RESOLUTION ADOPTING THE ASSESSMENT OF THE INSTALLATION OF A FIRE SUPPRESSION SYSTEM FOR ST. NICHOLAS EPISCOPAL CHURCH This resolution appears as Resolution No. 8267 in Resolution Book No. 65 APPROVED PURCHASE IN EXCESS OF $5,000 FOR CONSULTING SERVICES TOWARD COMPLETION OF UPDATE OF COMPREHENSIVE PLAN FROM BRAUER GROUP, INC. IN AMOUNT OF $14,115 C.L. 205 APPROVED PURCHASE IN EXCESS OF $5,000 TO REMOVE AND REPLACE RETAINING WALL AT 6600 THIRD AVENUE FROM ELGARD BROS. LANDSCAPING, INC. IN AMOUNT OF $10,700 C.L. 206 APPROVED PURCHASE IN EXCESS OF $5,000 FOR CUSHMAN TURF TRUCKSTER UTILITY CART FOR USE AT RICH ACRES GOLF COURSE FROM CUSHMAN MOTOR COMPANY IN AMOUNT OF TORO APPROVED PURCHASE IN EXCESS OF $5,000 FOR 1995 DISTRIBUTING, INC. IN AMOUNT OF C.L. 208 APPROVED PURCHASE IN EXCESS OF $5,000 FOR TWO BACKWASH RECLAIM PUMP STARTERS AT WATER PLANT FROM BORDER STATES ELECTRIC SUPPLY IN AMOUNT OF $8,090 C.L. 209 APPROVED PURCHASE IN EXCESS OF $5,000 FOR GEAR BOX FOR MILLING MACHINE FORUSE IN STREET MAINTENANCE FROM ZIEGLER’S IN AMOUNT OF C.L. 210 APPROVED PURCHASE IN EXCESS OF $5,000 FOR REPLACEMENT TELEPHONE SYSTEM IN FINANCE DIVISION FROM CADY COMMUNICATIONS, INC. IN AMOUNT OF $6,282 C.L. 211 APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE WAIVER FOR CHURCH OF ST. PETER, 6730 AVENUE, FOR FALL FESTIVAL ON OCTOBER 7 AND 8, 1995 C.L. 212 APPROVED THE FOLLOWING COMMERCIAL KENNEL LICENSE RENEWALS: . ELAINE’S GROOMING; 7429 HUMBOLDT AVENUE C.L. 213 .PET FOOD WAREHOUSE, 710 WEST 66TH STREET C.L. 214 APPROVED THE FOLLOWING RESIDENTIAL KENNEL LICENSE RENEWALS: . 7425 PLEASANT AVENUE; THREE DOGS AND TWO CATS C.L. 215 . 7232 AVENUE; FOUR DOGS C.L. 216 S/Susag to approve the consent Motion carried ItemPUBLIC HEARING REGARDING CONSIDERATION OF CONSTRUCTION OF MUNICIPAL LIQUOR STORE AT 77TH STREET AND LYNDALE AVENUE. C.L. NO. 217 Manager Prosser reviewed Council Letter No. 217 discussing the following City major issues of consideration related to the proposal for a fourth liquor store: Land acquisition ¦ Construction costs Staffing ¦ August Market analysis Payment in lieu of taxes ¦ ¦ the 1 member Commission unanimously voted to support the idea of adding a fourth liquor store to enhance revenues available for parks and services. Stokes, 6733 17th Avenue, former Chair of the Community Services Commission, stated that the community had a high standard of excellence for its parks which have a good carding policy. She stated that a fourth store would also be beneficial to the revenue of the City. Nancy President of the Richfield Chamber of Commerce, stated that the Chamber Board had unanimously taken a position in support of a fourth liquor store. She stated the store would compliment Phase II of the CSM development and enhance revenues for the City’s parks.She stated the Richfield liquor stores were very well managed and an asset to the community. John Hamilton, 7220 Harriet Avenue, spoke in support of a fourth liquor store stating it would have a positive impact on funding for parks. He stated the municipal stores provide a controlled and responsible retail liquor operation. spoke in Arnold Auchstetter, 1408 East 69th Street, support of a fourth liquor store. Lawrence Wozniczka, 6744 Wentworth Avenue, questioned why this was being considered before completion of the study of the Lyndale Avenue area which resulted from the discussion of intersection changes at 77th Street and Lyndale Avenue. He stated more analysis was needed and questioned whether the community needed four liquor Mr. Woznizka expressed concern about the stores when it only had two grocery stores. He stated liquor stores are contribution of alcohol to the cause of Mickey Mantle’s death. not conducive to attracting quality development. Mr. Wozniczka stated he was strongly opposed to a fourth liquor store. Council Member Rosenberg stated the Lyndale Avenue Study was related to the business area north of 77th Street and did not include the southwest corner of 77th and Lyndale Avenue where the liquor store is proposed to be located. Russ Kennedy, 6241 Grand Avenue, spoke in opposition to a fourth liquor store. He stated that the existing three stores were well run but a fourth store would saturate the market. He stated the current revenue was adequate. pointed to this as a good opportunity. He stated he strongly supported this idea as being Don Anderson, 6724 Wentworth Avenue, stated as a small business person he supports the idea of a fourth liquor store as a positive for Richfield. Motion carried Council Member Priebe questioned the difference in the acquisition cost of the Conoco station and the acquisition cost for the Municipal Liquor Operations discussed in the Land Acquisition section of Council Letter No. 217. for 77th Street would City Manager Prosser stated that the addition of the turn lane or MSA funding would provide for the acquisition estimated to be between $500,000 would then be purchased from the federal agency at approximately 25% to 50% of the acquisition cost of the original total parcel with Conoco on it. Mr. Prosser explained the difference is the residual is less than the original value. Council Member Priebe questioned whether there is soil contamination on the site for which the City may become liable. City Manager Prosser stated any environmental issues would have to be resolved by the previous owner. Assistant City Attorney Heine stated that prior to purchase a determination regarding soil contamination would be made and Conoco would have to clean up the contamination or the federal government would do so and those costs would be reflected in reduction of their purchase price. The City would acquire the property from the federal government after the environment issues were resolved. Council Member Priebe stated that any decision should be delayed because he felt there was inadequate public notice, that the soil contamination issue needs to be investigated, and that the financial data was just received this evening giving no time to compare or review it. He stated that the same money that would be used for a new store could instead be used to update the parks now without waiting for the long term payback from the liquor store to update parks. Council Member Susag stated that the City Council had authorized the acquisition of the property for the intersection improvements, therefore, the soil issue would be dealt with by the federal government. He reiterated that the Planning Commission study related to the area north of 77th Street. He stated that philosophically he is opposed to government being in private business, however, he is an opportunist. Council Member Susag stated that previous opposition to a fourth liquor store was based on the issue of alcohol consumption rather than business. He stated the City benefits from the liquor store profits and that this is an opportunity for an excellent location which may well be the most profitable store in the future. He stated he would support the fourth store as an opportunity in the best interest of the City. Council Member Sandahl stated that the City is protected from liability for any soil contamination, that there has been no rush to judgment and that the data presented was He stated that it was appropriate for the City to adequate to consider the risks involved. be in the business to sell liquor in an ethical, responsible manner with the municipal stores providing more control than private stores. Council Member Sandahl stated that the business risk for the fourth store is small, especially considering the location and property value would make it easy to sell if it is found the store is not successful. He indicated this was an opportunity to capture some of the Bloomington market which will be lost to a probable new Bloomington store if this one is not built. Council Member Rosenberg stated she was philosophically opposed because domestic violence is often exacerbated by the use of alcohol, however another liquor store will not impact helping or saving victims. She stated she had changed her mind since the last time this was discussed, citing the distinction between the moral issue and the businessissue. She stated appreciation to the Community Services Commission for their input on this issue. She stated the risk is small and this will help to enhance the future for the existing great park system of the City, therefore, she would support the addition of a fourth liquor store. Mayor stated that the liquor store operations had provided funding for most of the City’s parks, improvements to City Hall, and fire stations to enhance the community. He stated that the fourth liquor store would fit with the CSMretail development and provide a good opportunity to capture the business in that area while providing control and responsible sale of liquor. Hestated support for the fourth liquor store. to authorize and direct C staff to proceed with the of a store to be located in the southwest corner of 77th Street and Lvndale Avenue. Motion 4-l. (Priebe opposed) ItemPUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING SUBDIVISION WAIVER FOR 7033 AND 7037 OAKLAND AVENUE. C.L. NO. 218 City Manager Prosser reviewed Council Letter No. 218 regarding the request of David Forest, owner of 7033 Oakland Avenue, for a subdivision waiver to allow the purchase of 10 feet from the property at 7037 Oakland Avenue, which is a Richfield Rediscovered Project property. City Manager Prosser stated that the property at 7033 Oakland Avenue is currently 55 feet wide, which is narrower than the other lots in the neighborhood.He indicated adding 10 feet will bring the lot width closer to that of the neighborhood standard. He stated the lot at 7037 Oakland Avenue is currently 82 feet wide and will remain a sizable lot without the 10 feet, with both of the proposed lots meeting all zoning requirements. John Victor, 7039 Oakland Avenue, stated his preference that the lot at 7037 Oakland Avenue be no smaller than 75 feet wide to be compatible with the neighborhood and provide adequate space for a house and yard. to close the public hearing. Motion carried 5 Council Member Susag asked questions about why a 75 foot lot couldn’t be City Manager Prosser stated that staff recommended approval of this request based on the following: Both lots would still exceed the City’s minimum lot width requirements. The request of the applicant would make his lot more comparable to other lots ¦ in the neighborhood and provide space for a more viable driveway access. This will met the needs of the adjacent property owner and also strengthen the ¦ neighborhood with a new home at 7037 Oakland Avenue. David Forest, 7033 Oakland Avenue, explained the reasons why he requested the 10 feet to provide for his driveway needs and a 3 foot landscape buffer area. Council Member Susag asked about driveway setback requirements. Zoning Administrator Urban stated that the driveway setback requirement was one Motion carried 5-0, S/Rosenberg, that the followina resolution be that be it jn the resolutron book and that be made of these mrnutes; NO. RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7033 AND 7037 OAKLAND AVENUE) Motion carried 4-Q. (Susag abstained) This resolution appears as Resolution N. O 8268 in Resolution Book No. 65. August 14, 1995 ordinance amendment to Section 416.07, subdivision 2, paragraph (g), clause to allow a temporary off site directional sign for businesses that have been relocated within the Interstate-Lyndale-Nicollet (ILN) Redevelopment area. to close the public hearing. Motion carried 5-O. Item City Manager Prosser reviewed Council Letter No. 220 regarding consideration of adoption of a resolution of findings, conclusion, and decision or denial of the application of JoelD. for a commercial kennel license at 710 West 66th Street. Council Member Sandahl questioned whether it was prudent to hear further from action. the applicant’s attorney since the applicant may take legal Assistant City Attorney Heine stated it was the Council’s discretion whether to hear further comments on the issue. It was the consensus of the Council to allow further public comment on the issue. Council Member Priebe noted that of the proposed resolution mentioned the hearing examiner’s findings, conclusions, and recommendation but did not include this information. August 14. City Manager Prosser stated that the hearing examiner’s report was of public S/Rosenberg include the conclusions. and recommendation of the hearing examiner in the proposed resolution. (Sandahl, Kirsch, Susag opposed) Helen Winder, attorney for Dr. Joel requested that the City Council reconsider their decision to deny the application based on the record and the hearing examiner’s recommendation. She stated it was ironic that the City Council had approved the renewal of a commercial kennel license for a pet grooming operation at Pet Food Warehouse which brings over 1000 animals a week to the store, many more than the clinic would attract. Ms. Winder stated it is unlawful to protect local businesses from outside competition. She asked that the City Council conduct one more public hearing and carefully reexamine the findings and recommendation of the hearing examiner and the staff recommendation. Ms. Winder urged the City Council to reserve the decision to be made within the community rather than an outside agency. CityCouncil Member Sandahl stated that a fair hearing had been conducted and that the decision was not based on competition. He stated the decision was based on concern for the safety in the parking lot area as indicated in the proposed resolution. Council Member Rosenberg stated that it was purely a safety issue, not competition. Council Member Susag asked if the City Council could procedurally reconsider this Assistant City Attorney Heine stated that the City Council could by motion reconsider its previous action to direct the City Attorney to prepare findings of fact for denial of the license application. She stated if that motion were successful, the Council could consider other action regarding the license application. to reconsider theprevious Council action the City _ f A West gfDr. Joel Locket7 at 710 66th Street. Motion failed (Rosenberg, Kirsch, Sandahl opposed) Council Member Susag stated he did not agree with and and was frustrated with of the proposed resolution. M/Rosenberg, that the followina resolution be that it be book be of the resolution NO. 8769 opposed) This resolution appears as CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO REZONE THE FOLLOWING MULTIPLE RESIDENCE PROPERTIES: 2412 WEST 66TH STREET FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENCE 2405 WEST 66TH STREET FROM MULTIPLE RESIDENCE TO MULTI- FAMILY RESIDENCE AND 2409 WEST 66TH STREET FROM MULTIPLE RESIDENCE TO GENERAL COMMERCIAL 2720-2730 WEST 66TH STREET FROM MULTIPLE RESIDENCE TO HIGH DENSITY MULTI-FAMILY 2020 EAST 66TH STREET FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENCE 2200-2208EAST 66TH STREET FROM MULTIPLE RESIDENCE TO SINGLE FAMILY RESIDENCE AND 2216-2228 EAST 66TH STREET FROM MULTIPLE RESIDENCE TO MEDIUM DENSITY MULTI-FAMILY City Manager Prosser reviewed Council Letter No. 221 regarding a proposed ordinance amendment to rezone these properties to the most appropriate land use designation consistent with the existing land use and with the Comprehensive Plan. S/Priebe that this constitute the First of this ordinance amendment. and that the Public Hearing and Second Readina of the ordinance be scheduled for the September 11. 1995 City Council Motion carried 5-Q. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE Item VACATING PORTION OF QUEEN AVENUE BETWEEN 62ND AND 64TH STREETS. C.L. NO. 222 August 14, 1995 64th Streets. Council Member Rosenberg stated residents of the apartments to the south of the Fraser School had expressed concerns about the recent increase in on-street parkingnear the school. Robert Gunderson, chair of Fraser Community Services, indicated that after the building construction is finished and additional offstreet parking is completed, this parking issue should no longer exist. First this constitute the of this amendment. and that the and Second Readina of the ordinance be scheduled for the September 11. 1995 Motion carried 5-O. City Manager Prosser reviewed Council Letter No. 223 regarding the following two proposed transitory ordinances: Vacation of a public utility easement from 77th Street to 77% Street at Bryant Avenue ofofAldrich Avenue, Colfax Avenue, and West 77% Street. Vacationportions that this constitute the First Readina of this ordinance amendment. and that the Public Hearing and Second Readina of the ordinance be scheduled for the Auaust 78. 1995 City Council meeting. Motion carried CONSIDERATION OF SETTING SPECIAL MEETING FOR 1995 REVISED/1996 PROPOSED BUDGET AND SETTING PRELIMINARY TAX LEVY. C.L. NO. 224 City Manager Prosser reviewed Council Letter No. 224 regarding suggested dates for Special City Council meetings for the following times: August 14, 1995 7:00 p.m. Wednesday, August 30, 1995 (if necessary) 7:00 p.m. Tuesday, September agreement with the Metropolitan Airports Commission, Federal Aviation Administration and the Minnesota Department of Transportation which would permit the physical extension of Runway 4-22 without the noise redistribution portion of the 4-22 project and the noise redistribution to place on hold the City’s pending litigation while alternatives to extension of without the Transportation which permits the physical to continue litigation at a state with the stipulations that permit the City Manager Prosser reviewed the status of discussions with other cities regarding alternative. mitigation measures for the Runway 4-22 extension. Discussion followed regarding the use of the 4-22 runway during reconstruction of another airport runway, which will increase noise over Richfield for about one year. August City Manager Prosser reviewed the status of New Ford Town/Rich Acres acquisition indicating that it is anticipated to be completed in 1997. Community Services Director reviewed and answered questions regarding the status of the following 77th Street Construction Project issues: Phase Landscaping Phase II in October. Phase II work is on schedule and should be completed Due to a shipping problem with the support timbers, portions of the sound wall are not complete. Humboldt Avenue Storm Sewer Project The contractor and bonding company appear to have resolved their issues so that work can begin. A schedule will be available on Friday. 12th Avenue 12th Avenue will not be open to traffic for several weeks yet. Council Member Susag stated that Hampton inn had been told that the landscaping on their entrance island, which was lost when Lyndale Avenue was reconstructed, would be replaced with the 77th Street project, but that has not occurred yet. check on the status of this Community Services Director stated he would Item LEGISLATIVE REPORT Item COUNCIL DISCUSSION ITEMS Council Member Susag asked about the status of the opening in Phase of the CSM project. City Manager Prosser stated that was reviewing interior space designs and waiting for the outcome of the pet clinic issue prior to completion of the store layout. August 1995 Item CLAIMS AND PAYROLLS RICHFIELD NORWFST BANK