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06-10-96 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 10, 1996 CALL TO ORDER The meeting was called to order by Mayor Kirsch at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE MayorKirsch led the audience in the Pledge of Allegiance. ROLL CALL 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; Bruce Palmborg, Community Development Director; Mike Eastling, City Engineer; Gretchen Blank, Leisure Services Coordinator; Randy Hughes, Operations Coordinator; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Jamie Verbrugge, Media Assistant; and Corrine Thomson, Assistant City Attorney. APPROVAL OF MINUTES M/Sandahl, S/Priebe to approve the minutes of the Special Joint City Council and HRA Meeting with Planning Commission of May 20, 1996; the minutes of the Special City Council Closed Executive Session of May 28, 1996; the minutes of the Regular City Council Meeting of May 28, 1996; and the minutes of the City Council Study Session of June 3, 1996. Council Meeting Minutes-2-June 10, 1996 Motion carried 5-0. Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the City Council. Item #2RECOGNITION OF EMPLOYEES WHO COMPLETED THE CITY RICHFIELD’S MANAGEMENT CERTIFICATE PROGRAM: GEORGE ATKINSON, ENGINEERING SUPERVISOR; ROXANNE BRAA, ADMINISTRATIVE AIDE; CAROL KASZYNSKI, DATA PROCESSING TECHNICIAN; STEVE SUTTER, ASSISTANT FIRE CHIEF; SCOTT SWANSON, LIQUOR STORE MANAGER; AND LISA TONEY, ADMINISTRATIVE AIDE. C.L. NO. 176 City Manager Prosser reviewed Council Letter No. 176 regarding the City’s Management Certificate Program which was designed by City staff in cooperation with Normandale Community College. He announced the following City employees as the most recent graduates of the program: George Atkinson, Engineering Supervisor; Roxanne E. Braa, Administrative Aide; Carol Kaszynski, Data Processing Technician; Steven G. Sutter, Assistant Fire Chief; Scott F. Swanson, Liquor Store Manager; and Lisa K. Toney, Administrative Aide. Roxanne E. Braa and Steven G. Sutter were present to receive recognition from the City Council for their achievement. Item #3ACCEPTANCE OF INNOVATIVE CITY AWARDS OF MERIT FOR WOOD LAKE NATURE CENTER ANNIVERSARY, CASH ESCROW PROGRAM AND MANAGEMENT CERTIFICATE PROGRAM; AND PEACEMAKER AWARD OF MERIT FOR MSP RUNWAY 4/22 MEDIATION FROM ASSOCIATION OF METROPOLITAN MUNICIPALITIES. C.L. NO. 177 Mayor Kirsch summarized the City projects which received Innovative City Awards of Merit and Peacemaker Award of Merit from the Association of Metropolitan Municipalities. He acknowledged City staff for their work in achieving these awards and presented the awards to the City: Innovative City Award Special Merit x Wood Lake Nature Center 25th Anniversary Celebration. Accepted by Gretchen Blank, Leisure Services Coordinator. Council Meeting Minutes-3-June 10, 1996 x Cash Escrow Program. Accepted by Bruce Palmborg, Community Development Director. x Management Certificate Program. Accepted by Steven Devich, Administrative Services Director. Peacemaker Award Special Merit x MSP Runway 4/22 Mediation Process. Accepted by Jamie Verbrugee, Media Assistant. Item #4 COUNCIL APPROVAL OF AGENDA M/Rosenberg, S/Sandahl to approve the agenda. Motion carried 5-0. Item #5 CONSENT CALENDAR A.APPROVED AWARD OF CONTRACT FOR 1996 SEALCOATING PROJECT TO ALLIED BLACKTOP COMPANY IN AMOUNT OF $179,434.00 C.L. 178 B.APPROVED AWARD OF CONTRACT FOR 1996 ROUTING AND SEALING CRACKS IN ASPHALT PAVEMENT TO DAFFINSON, INC. IN AMOUNT OF $70,852.09 C.L. 179 C.APPROVED AWARD OF CONTRACT FOR PENN AVENUE WATER TOWER PAINTING TO DELOUGHERY PAINTING COMPANY IN AMOUNT OF $541,800 C.L. 180 D.APPROVED PURCHASE IN EXCESS OF $5,000 FOR CONSTRUCTION STEEL FOR FOURTH MUNICIPAL LIQUOR STORE, 7700 LYNDALE AVENUE, FROM MANNSTEDT AND SON, INC. IN AMOUNT OF $12,200 C.L. 181 E.APPROVED PURCHASE IN EXCESS OF $5,000 FOR DONALDSON PARK BUILDING IMPROVEMENTS: WINDOW REPLACEMENT FROM BRIN NORTHWESTERN GLASS COMPANY IN AMOUNT OF $14,368.00, AND ROOF REPLACEMENT AND RE-INSULATION FROM SELA ROOFING AND REMODELING IN AMOUNT OF $14,750.00 C.L. 182 M/Sandahl, S/Susag to approve the consent calendar. Motion carried 5-0. Council Meeting Minutes-4-June 10, 1996 Item #6CONSIDERATION OF REQUEST TO CONTINUE PUBLIC HEARING FOR AMENDED CONDITIONAL USE PERMIT FOR ACADEMY OF THE HOLY ANGELS, 6600 NICOLLET AVENUE, TO CONSTRUCT SEASONAL SPORTS FACILITY. C.L. NO. 183 City Manager Prosser reviewed Council Letter No. 183 regarding the recommendation for continuation of this public hearing to the June 24, 1996 City Council meeting. M/Susag, S/Rosenberg to continue the public hearing on consideration of the request of the Academy of the Holy Angels, 6600 Nicollet Avenue, for an amended conditional use permit to construct a seasonal sports facility to the June 24, 1996 City Council meeting. Motion carried 5-0. Item #7PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE VACATING ALLEY EASEMENT LOCATED IN 7300 BLOCK BETWEEN PLEASANT AND GRAND AVENUES. C.L. NO. 184 City Manager Prosser reviewed Council Letter No. 184 regarding the request of property owners for the vacation of the alley easement in the 7300 block between Pleasant and Grand Avenues. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1996-11, Transitory Ordinance No. 17.67 vacating an alley easement; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #8PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING LAND FROM MULTIPLE RESIDENCE AND INDUSTRIAL TO GENERAL COMMERCIAL DEVELOPMENT. C.L. NO. 185 Council Meeting Minutes-5-June 10, 1996 City Manager Prosser reviewed Council Letter No. 185 regarding the request of Lunds, Inc. for rezoning of the property at 6228 Penn Avenue from MR (multiple residence) and I (industrial) to C-2 (general commercial). He stated the eastern portion of the property is occupied by the grocery store and is zoned industrial. He stated the western portion of the property is vacant and is zoned multiple residence. Mr. Prosser indicated the rezoning would allow Lunds to develop approximately 9,800 square feet of additional retail space on the western portion of the site some time in the future. Council Member Rosenberg asked what type of store Lunds anticipated to put in the additional retail space. John Pazahanick, representing Lunds, Inc., stated the space would be used for a retail use compatible with the grocery store such as a drug store. He stated that it was unlikely to be developed for several years. Council Member Rosenberg asked about the neighbors’ concerns about the grocery store’s delivery schedule. Mr. Pazahanick stated that Lunds had continued to work to address this issue and hopefully had resolved these concerns. Council Member Susag stated that this rezoning would make the zoning consistent with the use of the property. M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Priebe that this constitute Second Reading of Bill No. 1996-13, amendment to Appendix I regarding rezoning of 6228 Penn Avenue; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-1. (Rosenberg opposed) Item #9PUBLIC HEARING TO CONSIDER PLANNED UNIT DEVELOPMENT PLAN FOR 60-UNIT HOTEL AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE LAND AT 1200 EAST 78TH STREET FROM GENERAL COMMERCIAL TO PLANNED GENERAL COMMERCIAL. C.L. NO. 186 City Manager Prosser reviewed Council Letter No. 186 regarding the request of Northern Hospitality, Inc. for approval of a Planned Unit Development (PUD) Plan for a 60 unit AmericInn Hotel at 1200 East 78th Avenue and rezoning of this property from C-2 (general commercial) to PC-2 (planned general commercial). Council Meeting Minutes-6-June 10, 1996 Council Member Priebe stated that a resident had asked him if this building could be utilized for another use, such as senior housing, if the hotel is not successful. Perry Platisha, President of Northern Hospitality, Inc., stated that the building was not designed with another use in mind, however, the building could be converted from a hotel to some type of housing with some modifications. Council Member Priebe stated that this site had been empty for a long time and that he was pleased to see it being developed, especially without City assistance. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Sandahl, S/Priebe to approve the Planned Unit Development (PUD) Plan of Northern Hospitality, Inc. for construction of a 60 unit AmericInn Hotel development at 1200 East 78th Street with the following stipulation: 1.That an agreement be signed by the developer indicating the understanding that access to 78th Street will be removed at such time that I-494 is upgraded; and, that this constitutes Second Reading of Bill No. 1996-14, amendment to Appendix I regarding 1200 East 78th Street; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #10PUBLIC HEARING TO CONSIDER FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR 60-UNIT HOTEL DEVELOPMENT AT 1200 EAST 78TH STREET. C.L. NO. 187 City Manager Prosser reviewed Council Letter No. 187 regarding the request of Northern Hospitality, Inc. for approval of the final development plan and conditional use permit to allow the construction of a 60 unit AmericInn Hotel at 1200 East 78th Street. M/Sandahl, S/Priebe to close the public hearing. Motion carried 5-0. M/Priebe, S/Sandahl to approve the final development plan and conditional use permit to allow construction of a 60-unit AmericInn Hotel at 1200 East 78th Street with the following stipulations: 1.That a sediment and erosion control plan be approved by the Engineering Division. Council Meeting Minutes-7-June 10, 1996 2.That a stormwater management plan be approved by the Engineering Division. 3.That the applicant apply for an amended planned unit development plan, final development plan and conditional use permit at such time that I-494 is upgraded and the main access to the site is changed from 78th Street to 12th Avenue. 4.That the developer obtain a permit from MnDOT for work performed in the 78th Street right-of-way. 5.That the final signage plan be approved by the Community Development Director. Motion carried 5-0. Item #11PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING LAND AT 7700 LYNDALE AVENUE FROM HIGH DENSITY COMMERCIAL TO GENERAL COMMERCIAL TO CONSTRUCT FOURTH MUNICIPAL LIQUOR STORE. C.L. NO. 188 City Manager Prosser reviewed Council Letter No. 188 regarding consideration of the proposed rezoning of the property at 7700 Lyndale Avenue from C-3 (high density commercial) to C-2 (general commercial). He stated a fourth municipal liquor store is planned to be constructed on this site. Mrs. Martin, 127 West 68th Street, stated that inner city suburbs, such as St. Louis Park, Edina, and Richfield, are going downhill fast and that if the City gets any more liquor stores there will be one heckuva mess. She suggested that the Council think about the fact that this is an inner city suburb and not Wayzata, Orono, or Excelsior. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl that this constitute Second Reading of Bill No. 1996-15, amendment to Appendix I regarding rezoning 7700 Lyndale Avenue; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-1. (Priebe opposed) Item #12CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE Council Meeting Minutes-8-June 10, 1996 AMENDMENT TO AUTHORIZE SALE OF CITY-OWNED PROPERTY AT 7625 EMERSON TO RICHFIELD HRA FOR RICHFIELD REDISCOVERED SITE DEVELOPMENT. C.L. NO. 189 City Manager Prosser reviewed Council Letter No. 189 regarding a proposed transitory ordinance to authorize the sale of City owned property at 7625 Emerson Avenue to the Richfield HRA for Richfield Rediscovered site development. Council Member Susag noted that the one parcel is 8,900 square feet and asked about the minimum square footage requirement for a buildable lot. City Manager Prosser stated that this lot is greater than the minimum requirement of 7,200 square feet. M/Sandahl, S/Susag that this constitute the First Reading of this ordinance amendment regarding the sale of property at 7625 Emerson, and that the Public Hearing and Second Reading of the ordinance be scheduled for the June 24, 1996 City Council meeting. Motion carried 5-0. Item #13CONSIDERATION OF REQUEST FOR OFF-STREET PARKING PERMIT FOR 609 WEST 74TH STREET TO ALLOW CONSTRUCTION OF FOUR TOWNHOME UNITS (CONTINUED FROM MAY 28, 1996). C.L. NO. 190 Mayor Kirsch announced that this item would be continued as a result of an appeal of the Hearing Examiner’s decision to grant variances for this project. M/Sandahl, S/Priebe to continue consideration of the request of Choice Wood Company for an off street parking permit for a four unit townhome development at 609 West 74th Street to the July 8, 1996 City Council meeting. Motion carried 5-0. Item #14PRESENTATION OF METROPOLITAN AIRPORTS COMMISSION PART 150 SURVEY RESULTS. C.L. NO. 191 Jamie Verbrugge, Media Assistant, presented a summary of the Metropolitan Airports Commission (MAC) Part 150 Sound Insulation Program homeowner opinion survey results. Council Meeting Minutes-9-June 10, 1996 Council Member Rosenberg asked about the restrictions on the night time flights. Mr. Verbrugee stated that the passenger carrier airlines have voluntarily agreed to an 11 p.m. - 6 a.m. restriction. However, this does not apply to charter flights or freight carriers. He stated that complaints may be reported to the Noise Complaint Hotline, 726- 9411. Discussion followed regarding eligibility contours for the noise insulation program, the impact of the Liveable Communities Act legislation, dissemination of information to realtors about the eligibility for an income tax break for those buying homes in the airport impact zone, the impact of the temporary shift of air traffic to runway 4-22 during reconstruction of the south parallel, and mitigation issues related to runway 4-22. City Manager Prosser encouraged residents to call the City if they have questions or concerns regarding airport issues. Item #15AIRPORT STATUS REPORT No report. Item #16LEGISLATIVE REPORT No report. Item #17COUNCIL DISCUSSION ITEMS Council Member Susag invited the public to the Friends of the Augsburg Park Library book sale scheduled for June 13, 1996 at the library. Item #18CLAIMS AND PAYROLL M/Sandahl, S/Priebe that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 21119-21171; 58952-59231$1,262,609.65 Council Meeting Minutes-10-June 10, 1996 FIRSTAR BANK Checks: 9028-9040$568,297.92 Payroll: 92948-92968; 95675-95977$416,790.10 92969-92973; 95982-95991$11,865.78 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:59 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager