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08-12-96 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting August 12, 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 Mayor Kirsch led the audience in the Pledge of Allegiance. ROLL CALL Members Present:Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; and Russ Susag. Members Absent:Don Priebe. Acting City Manager Devich stated that Council Member Priebe had informed the City Manager that he would not be present at this Council meeting because he was out of town on a scheduled vacation. M/Susag, S/Sandahl to determine the absence of Council Member Priebe as an excused absence. Motion carried 4-0. Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk; Mike Eastling, City Engineer; Randy Hughes, Operations Coordinator; Jack Erskine, Public Safety Director; William Fillmore, Liquor Operations Director; Bruce Nordquist, Housing Supervisor; and John Dean, City Attorney. Council Meeting Minutes-2-August 12, 1996 APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the Special City Council Meeting of July 22, 1996; the minutes of the Regular City Council Meeting of July 22, 1996; and the minutes of the City Council Study Session of August 5, 1996. Motion carried 4-0. Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item #2 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Susag to approve the agenda. Motion carried 4-0. Item #3 CONSENT CALENDAR A.APPROVED RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR SEPTEMBER 10, 1996 STATE PRIMARY ELECTION AND NOVEMBER 5, 1996 GENERAL ELECTION C.L. 247 RESOLUTION NO. 8371 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF SEPTEMBER 10, 1996 AND THE GENERAL ELECTION OF NOVEMBER 5, 1996 This resolution appears as Resolution No. 8371 in Resolution Book No. 66. B.APPROVED RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE ON VOLUNTARY BASIS OF PROPERTY AT 6925 PENN AVENUE C.L. 248 Council Meeting Minutes-3-August 12, 1996 RESOLUTION NO. 8372 RESOLUTION ESTABLISHING JUST COMPENSATION FOR PROPERTY ACQUISITION IN THE 69TH STREET AND PENN AVENUE AREA (6925 PENN AVENUE) This resolution appears as Resolution No. 8372 in Resolution Book No. 66. C.APPROVED RESOLUTION REGARDING AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND CITY OF RICHFIELD PUBLIC SAFETY DEPARTMENT, POLICE DIVISION, PERTAINING TO COMMUNITY ORIENTED POLICING GRANT PROGRAM C.L. 249 RESOLUTION NO. 8373 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FOR COMMUNITY ORIENTED POLICING (COPS) GRANTS PROGRAM This resolution appears as Resolution No. 8373 in Resolution Book No. 66. D.APPROVED ON-SALE NON-INTOXICATING MALT LIQUOR, ITINERANT PLACE OF AMUSEMENT, AND ITINERANT FOOD LICENSES INCLUDING FEE WAIVERS FOR CHURCH OF THE ASSUMPTION FUN FEST ON AUGUST 17 AND 18, 1996 C.L. 250 E.APPROVED RENEWAL OF THE FOLLOWING COMMERCIAL KENNEL LICENSES: AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE C.L. 251 x PET FOOD WAREHOUSE (GROOMING ONLY), 710 WEST 66TH STREET x C.L. 252 F.APPROVED RENEWAL OF THE FOLLOWING RESIDENTIAL KENNEL LICENSES: 7232-11TH AVENUE; FOUR DOGS C.L. 253 x 7600 GRAND AVENUE; FIVE CATS C.L. 254 x 7209-12TH AVENUE; FOUR DOGS C.L. 255 x 7215 VINCENT AVENUE; THREE DOGS C.L. 256 x G.APPROVED NEW RESIDENTIAL KENNEL LICENSE: 6800 CEDAR AVENUE; THREE DOGS C.L. 257 x M/Susag, S/Sandahl to approve the consent calendar. Motion carried 4-0. Council Meeting Minutes-4-August 12, 1996 Item #4PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW OPERATION OF DAY CARE FOR SICK CHILDREN AT 7108 CHICAGO AVENUE. C.L. NO. 258 Acting City Manager Devich reviewed Council Letter No. 258 regarding the request of United Nursing and Health Care for a conditional use permit to allow the operation of a day care center for sick children at 7108 Chicago Avenue with a maximum of 12 children. Bob Stockman, 7138 Elliot Avenue, stated concerns about additional traffic in the neighborhood that may be generated by the day care center. He suggested consideration of installing stop signs at 71st Street and Chicago Avenue and 71st Street and Elliot Avenue. Public Safety Director Erskine stated that Mr. Stockman could submit these stop sign requests for consideration by the Traffic Safety Committee. Tony Ali, representing United Nursing and Health Care, stated that the building is a former doctor’s office which will have separate rooms for children with different illnesses. He stated that nurses will be on the staff and that the maximum number allowed will be 12 children. M/Sandahl, S/Susag to close the public hearing. Motion carried 4-0. M/Sandahl, S/Susag to approve a conditional use permit for United Nursing and Health Care to allow the operation of a day care center for sick children at 7108 Chicago Avenue with a maximum of 12 children subject to the following stipulation: 1.That all applicable state, county, and city licenses be obtained. Motion carried 4-0. Item #5PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF EXISTING CEMETERY AT CHURCH OF THE ASSUMPTION, 305 EAST 77TH STREET. C.L. NO. 259 Acting City Manager Devich reviewed Council Letter No. 259 regarding the request of the Church of Assumption, 305 East 77th Street, for a conditional use permit to allow the expansion of the existing cemetery. M/Sandahl, S/Susag to close the public hearing. Motion carried 4-0. Council Meeting Minutes-5-August 12, 1996 M/Sandahl, S/Susag to approve the request for a conditional use permit to allow an expansion of the existing cemetery at Church of the Assumption, 305 East 77th Street, with the following stipulations: 1.That the permit be subject to a favorable determination by the Hearing Examiner regarding the required cemetery lot size variance. 2.That a landscape plan be approved by the Community Development Director. Motion carried 4-0. Item #6PUBLIC HEARING REGARDING REQUEST FOR AMENDED PLANNED UNIT DEVELOPMENT PLAN FOR RICHFIELD STATE AGENCY, 6625 LYNDALE AVENUE, TO ALLOW CONSTRUCTION OF ACCESSORY BUILDING. C.L. NO. 260 Acting City Manager Devich reviewed Council Letter No. 260 regarding the request of Richfield State Agency, 6625 Lyndale Avenue, for an amended planned unit development plan to allow the construction of a 2,120 square foot accessory building at the west end of the existing drive-up teller facility to be used for vehicle storage and maintenance work for the bank site. Steve Kirschner, representing Richfield State Agency, responded to questions from the City Council indicating that currently the bank has no storage space for vehicles or maintenance work. He stated that no parking spaces would be lost and that the two drive up bays that will be converted are no longer needed due to the changes in the banking industry. M/Sandahl, S/Susag to close the public hearing. Motion carried 4-0. M/Susag, S/Sandahl to approve the amended planned unit development plan for Richfield State Agency, 6625 Lyndale Avenue, to allow construction of a 2,120 square foot accessory building with the following stipulation: 1.That plantings be installed per the attached landscape plan before October 31, 1996 or an escrow be submitted for the cost of the landscaping. Motion carried 4-0. Council Meeting Minutes-6-August 12, 1996 Item #7CONSIDERATION OF RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF 6758 PORTLAND AVENUE AS POTENTIAL ADDITIONAL SITE AREA AT CITY HALL. C.L. NO. 261 Acting City Manager Devich reviewed Council Letter No. 261 regarding a proposed resolution authorizing the acquisition of the property at 6758 Portland Avenue for a purchase price of $85,000. Council Member Sandahl stated that the financial analysis of the proposed acquisition was reasonable and that the opportunity for acquisition at this time would be less costly than in the future. He stated that if the property was not needed for park purposes or additional parking for City Hall, it could be sold and the funds repaid to the City. Housing Supervisor Nordquist responded to questions from the Council stating that no relocation costs would be incurred because the property is vacant. He indicated relocation costs for a residential property usually are $5,000 - $10,000. He stated that the City intends only to consider purchase of the adjacent properties on a willing seller basis. He stated that the City Council would need to approve any future use or disposition of 6758 Portland Avenue. M/Sandahl, S/Susag 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. 8374 ESTABLISHING JUST COMPENSATION FOR PROPERTY ACQUISITION AT 6758 PORTLAND AVENUE Motion carried 3-1. (Rosenberg opposed) This resolution appears as Resolution No. 8374 in Resolution Book No. 66. Item #8CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT REZONING LAND AT 7645 NICOLLET AVENUE FROM C-1 (NEIGHBORHOOD COMMERCIAL TO MR-1 (TWO FAMILY RESIDENTIAL) C. L. NO. 262 Acting City Manager Devich reviewed Council Letter No. 262 regarding a proposed ordinance amendment to rezone the property at 7645 Nicollet Avenue from C-1 (neighborhood commercial) to MR-1 (two family residential). Council Meeting Minutes-7-August 12, 1996 Council Member Susag stated that the property was previously a gasoline station and then a video store. He stated that now after the completion of 77th Street with landscaping and a sound wall, the property is more appropriate for residential development. The City Council directed staff to determine the status of the fuel tanks which existed at this property when it was a gasoline station. M/Sandahl, S/Susag that this constitute the First Reading of this ordinance amendment rezoning land at 7645 Nicollet Avenue from C-1 to MR-1, and that the Public Hearing and Second Reading of the ordinance be scheduled for the September 9, 1996 City Council meeting. Motion carried 4-0. Item #9CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT MODIFYING SECTION 1305 OF RICHFIELD CITY CODE DESIGNATING SNOW EMERGENCIES AND AUTHORIZING VEHICLES TO BE TOWED UNDER CERTAIN CONDITIONS. C.L. NO. 263 Acting City Manager Devich reviewed Council Letter No. 263 regarding a proposed ordinance amendment to modify Section 1305 of the City Code regarding the towing of vehicles and snow emergencies. Council Member Sandahl suggested and moved that the following changes be incorporated into the proposed amendment: 1.Section 1305.13 Subdivision 1: Insert the word only in the last sentence after the word highway and before the word after. 2.Section 1305.14 Subdivision 3: Insert the words up to in the first sentence after the word of and before the words seventy-two (72) hours. Council Member Susag asked that staff prepare information for presentation to the City Council regarding the reasons for proposed change in the threshold for a snow emergency from three to two inches of snow. Council Member Sandahl discussed concerns that staff clarify and address the issue that residents be given adequate time to move their vehicles. M/Sandahl, S/Susag that this constitute the First Reading of this ordinance amendment modifying section 1305 as amended, and that the Public Hearing and Second Reading of the ordinance be scheduled for the September 9, 1996 City Council meeting. Council Meeting Minutes-8-August 12, 1996 Motion carried 4-0. Item #10CONSIDERATION OF AGREEMENT BETWEEN CITY OF RICHFIELD AND LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS). C.L. NO. 264 Acting City Manager Devich reviewed Council Letter No. 264 regarding a proposed agreement between the City and Local Government Information Systems (LOGIS) related to police records and CAD computer applications. M/Sandahl, S/Susag to approve the Joint and Cooperative Agreement between the City of Richfield and Local Government Information Systems (LOGIS) related to police records and CAD computer applications. Motion carried 4-0. Item #11CONSIDERATION OF AWARD OF CONTRACT FOR BID PACKAGES #2 THROUGH #4 AND BID PACKAGES #7 THROUGH #10 FOR CONSTRUCTION COMPONENTS FOR THE SHOPS AT LYNDALE WINE AND SPIRITS LIQUOR STORE, 7700 LYNDALE AVENUE. C.L. NO. 265 Acting City Manager Devich reviewed Council Letter No. 265 regarding consideration of the award of contract for Bid Packages #2 through #4 and Bid Packages #7 through #10 for construction components for the Shops at Lyndale Wine and Spirits Liquor Store, 7700 Lyndale Avenue. Council Member Susag asked about the letter from Construction Manager Mike Parsons regarding combined Bid Packages #2 and #3, suggesting the elimination of the screen wall work in the amount of $9,000. Liquor Operations Director Fillmore stated that he recommended including the screen wall work. Council Member Rosenberg stated concern that some of the construction costs were higher than the estimates. Liquor Operations Director Fillmore and Acting City Manager Devich discussed the market conditions regarding masonry work which has resulted in higher costs on this project and the ice arena project. Council Meeting Minutes-9-August 12, 1996 Council Member Sandahl stated that the construction manager had not done a very good job of taking these market conditions into account in preparing estimates and should do a better job in this regard. M/Sandahl, S/Susag to approve the following actions regarding construction components of the Shops at Lyndale Wine and Spirits Liquor Store Project: Approval of combined bid packages #2 and #3 and award contract to Northland x Concrete & Masonry for cast-in-place concrete and unit masonry in amount of $270,000. Approval of bid package #4 and award contract to Mannsteadt & Sons for structural x and miscellaneous steel work-material in amount of $42,200. Approval of bid package #7 and award of contract to McGuire Mechanical for x plumbing and related work in amount of $26,100. Approval of bid package #8 and award of contract to Master Mechanical for HVAC x and related work in amount of $43,600. Approval of bid package #9 and award of contract to Midwest Fire Protection for x fire protection system work in amount of $17,654. Approval of bid package #10 and award of contract to Burnsville Electric for x electrical work in amount of $54,300. Motion carried 4-0. Item #12AIRPORT STATUS REPORT Council Member Susag requested that the information provided to the City Council in Council Memorandum No. 89 regarding the issue of Runway 4-22 current impact and impact if noise distribution is implemented be provided to the residents who were present for the airport discussion at the August 5 City Council Study Session. Item #13LEGISLATIVE REPORT No report. Item #14COUNCIL DISCUSSION ITEMS Council Meeting Minutes-10-August 12, 1996 Council Member Susag discussed the following issues: 1.Lands End Letter He distributed a draft letter for signature by the City Council thanking Land’s End for featuring Richfield so prominently in their newspaper advertisement. 2.Acknowledgment of Achievement He acknowledged the achievement of resident Kris Lindstrom in finishing second in the Women’s State Golf Tournament. 3.VFW/American Legion Combination He reviewed his visit to the Onamia Vet’s Club which resulted from a successful merger of an American Legion and VFW operations 15 years ago. 4.Lyndale Avenue/76th Street Gateway Area He presented drawings prepared by local businesses regarding possible building upgrades and parking arrangements on the west side of Lyndale Avenue between 76th Street and 77th Street. He stated the businesses are asking if the City has interest in these ideas and stated he would also present them to the HRA. Item #15CLAIMS AND PAYROLL M/Sandahl, S/Rosenberg that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 21325-21400, 60307-60690$2,189,633.43 FIRSTAR BANK Checks: 9057-9073$1,346,943.66 Payroll: 96807-96840, 97386-97761$451,331.54 96845-96856$5,651.85 Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:10 p.m. Date Approved: Martin J. KirschMayor Council Meeting Minutes-11-August 12, 1996 Thomas P. FerberSteven L. Devich City ClerkActing City Manager