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04-14-97 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 14, 1997 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; Russ Susag; and Kristal Stokes. Staff Present :James Prosser, City Manager; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Mike Eastling, Acting Public Works Director; Gretchen Blank, Acting Recreation Services Director; Steve Sutter, Fire Marshall/Assistant Chief; William Fillmore, Liquor Operations Director; and David Kennedy, City Attorney. APPROVAL OF MINUTES M/Stokes, S/Sandahl to approve the minutes of the Regular City Council meeting of March 24, 1997 and the minutes of the Regular City Council Study Session of April 7, 1997. Council Meeting Minutes-2-April 14, 1997 Motion carried 5-0. Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Nancy Stiller, 6414 11th Avenue, Chair of the Friends of Wood Lake (FOWL), invited the public to the annual FOWL Dinner fundraising event scheduled for April 25 at the Decathlon Athletic Club, 1700 East 79th Street, in Bloomington. She stated the scheduled entertainment will be Marilyn Sellars performing with Et Cetera. Item #2PRESENTATION OF PROCLAMATION DESIGNATING APRIL 27 AS ARBOR DAY AND MAY AS ARBOR MONTH. C.L. NO. 86 Council Member Stokes read and presented a proclamation to Acting Public Works Director Eastling designating April 27, 1997 as Arbor Day and May, 1997 as Arbor Month in the City of Richfield. Item #3PRESENTATION OF PROCLAMATION RECOGNIZING THAT EARTH DAY, NATIONALLY CELEBRATED ON APRIL 22, WILL BE CELEBRATED AT WOOD LAKE NATURE CENTER ON APRIL 27 IN CONJUNCTION WITH ARBOR DAY CELEBRATION. C.L. NO. 87 Council Member Rosenberg read and presented a proclamation to Acting Recreation Services Director Blank recognizing Earth Day and designating April 27 for an Earth Day celebration at the Wood Lake Nature Center from 1 p.m. - 4 p.m. Item #4PRESENTATION OF PROCLAMATION DESIGNATING MAY 3 AS PUBLIC WORKS DAY AND MAY AS PUBLIC WORKS MONTH. Council Member Sandahl read and presented a proclamation to Acting Public Works Director Eastling designating May 3, 1997 as Public Works Day, and May 18-24, 1997 as Public Works Week in the City of Richfield. Council Meeting Minutes-3-April 14, 1997 Item #5PRESENTATION OF PROCLAMATION DESIGNATING MAY 3 AND NATIONAL DRINKING WATER DAY AND MAY 4-10, 1997 AS NATIONAL DRINKING WATER WEEK IN CITY OF RICHFIELD. C.L. NO. 89 Council Member Susag read and presented a proclamation to Acting Public Works Director Eastling designating May 4-10, 1997 as National Drinking Water Week and May 3, 1997 as National Drinking Water Day in the City of Richfield. Council Member Susag invited residents to attend the City Public Works Garage Open House and Water Plant Open House scheduled for Saturday, May 3 from 9 a.m. to 3 p.m. Item #6 COUNCIL APPROVAL OF AGENDA M/Sandahl, S/Stokes to approve the agenda. Motion carried 5-0. Item #7 CONSENT CALENDAR Council Member Rosenberg requested that Item #7C. be removed from the consent calendar. Mayor Kirsch stated that Item #7C. Consideration of Approval of 1997 New and Used Motor Vehicle Dealer License for Walser Bargain Lot, 6529 Penn Avenue, would be removed from the consent calendar and placed on the regular agenda for consideration as Item # 19A. A.APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 6633 WASHBURN AVENUE C.L. 90 RESOLUTION NO. 8449 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER (6633 WASHBURN AVENUE) This resolution appears as Resolution No. 8449 in Resolution Book No. 67. Council Meeting Minutes-4-April 14, 1997 B.APPROVED AWARD OF CONTRACT TO REPAIR AND REPLACE FLOATING BOARDWALK AT VETERANS MEMORIAL PARK OF RICHFIELD TO ALLTECH ENGINEERING CORPORATION IN AMOUNT OF $47,534 C.L. 91 C.Removed from the consent calendar and placed on the regular agenda for consideration as Item #19A. M/Sandahl, S/Susag to approve the consent calendar. Motion carried 5-0. Item #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF BUILDING FOR USE BY RESTAURANT AND EIGHT-BAY AUTOMOTIVE MECHANICAL GARAGE AT 3020 WEST 66TH STREET. C.L. NO. 93 City Manager Prosser reviewed Council Letter No. 93 regarding a request by Carlson Real Estate Company for a conditional use permit to allow construction of a 9,430 square foot building to be occupied by Einstein Bros. Bagel Company and Tires Plus at 3020 West 66th Street. Ron Fiscus, Yaggy Colby Associates, representing Carlson Real Estate Company, Einstein Bros. Bagel Company, and Tires Plus, reviewed the proposed building site plan and building elevations. He stated that the proposed uses would generate less traffic and parking demand than the 150 seat restaurant which was formally on the site. He stated that a monument sign would be used at the site rather than a pylon sign. He indicated Carlson Real Estate Company is aware of the traffic issues related to the main entrance to Southdale Square and will be studying options with City staff to improve the situation. Mr. Fiscus stated that the parcel will also be replatted for clarification. Council Member Rosenberg inquired about the building design, the outside display of inventory, and the maximum number of customers expected on the site. Mr. Fiscus stated that there would be no outside display of merchandise and the trash area would be enclosed. He reviewed the Institute of Transportation Engineering (ITE) standards regarding average trip generation for these types of business. Council Member Rosenberg stated support for a traffic study regarding congestion and safety concerns related to the shopping center entrance. City Manager Prosser stated that a summary of resident comments regarding this proposal and responses were included in the Council agenda. He stated the following recommended stipulations for approval of the conditional use permit: Council Meeting Minutes-5-April 14, 1997 1.That a cash escrow be submitted for the cost of the landscaping to be released once the required improvements have been made. 2.That a sediment and erosion control plan be submitted. 3.That the signage plan be approved by the Community Development Director. 4.That the property be replatted within six months of City Council approval, appropriate easements and shared parking agreements be developed, and that the resulting Tires Plus/Einstein’s parcel meet City setback and impervious surface requirements within six months of City Council approval. 5.That a conditional use permit resolution be recorded with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Susag, S/Rosenberg 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. 8450 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT (3020 WEST 66TH STREET) Motion carried 5-0. This resolution appears as Resolution No. 8450 in Resolution Book No. 67. Item #9PUBLIC HEARING AND CONSIDERATION OF RESOLUTION GIVING FINAL APPROVAL FOR CONSOLIDATION OF RICHFIELD FIRE RELIEF ASSOCIATION WITH PERA POLICE AND FIRE FUND. C.L. NO. 94 City Manager Prosser reviewed Council Letter No. 94 regarding final approval of the proposed consolidation of the Richfield Fire Relief Association with the Public Employee Retirement Association (PERA) Police and Fire Fund, including support for the benefit enhancements under consideration by the legislature. M/Susag, S/stokes to close the public hearing. Motion carried 5-0. M/Stokes, 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. 8451 Council Meeting Minutes-6-April 14, 1997 A RESOLUTION APPROVING THE CONSOLIDATION OF THE RICHFIELD FIRE RELIEF ASSOCIATION WITH THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) POLICE AND FIRE FUND BENEFIT PLAN Motion carried 5-0. This resolution appears as Resolution No. 8451 in Resolution Book No. 67. Item #10PUBLIC HEARING AND SECOND READING OF CHANGES IN RICHFIELD CITY CODE SECTION 400 TO UPDATE CITY BUILDING REGULATIONS TO LATEST VERSION OF STATE BUILDING CODE. C.L. NO. 95 City Manager Prosser reviewed Council Letter No. 95 regarding proposed ordinance amendments to update the City Code to reflect the latest version of the State Building Code and State Plumbing Code. Council Member Susag asked about the frequency of revision of the State Building Code. Assistant Fire Chief Sutter indicated the code is revised every three years. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1997-6, amending Subsections 400.01, 400.03, 400.11, 700.05, 710.03, 710.17, and 710.19 relating to the State Building and Plumbing Code; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #11PUBLIC HEARING AND SECOND READING OF CHANGES IN RICHFIELD CITY CODE SECTION 400 TO UPDATE CITY FIRE PREVENTION REGULATIONS TO LATEST VERSION OF STATE FIRE CODE. C.L. NO. 96 City Manager Prosser reviewed Council Letter No. 96 regarding a proposed ordinance amendment to adopt the latest version of the Uniform Fire Code and stated references as the fire prevention code of the City. M/Susag, S/Stokes to close the public hearing. Council Meeting Minutes-7-April 14, 1997 Motion carried 5-0. M/Susag, S/Sandahl that this constitute Second Reading of Bill No. 1997-7, amending Subsection 400.15, 400.17, 400.21, and 400.25 relating to the Fire Code; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #12CONSIDERATION OF RESOLUTION APPROVING FINDINGS OF FACT RELATED TO DENIAL OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 150-FOOT TELECOMMUNICATIONS TOWER AT 200 WEST 78TH STREET. C.L.NO. 97 City Manager Prosser reviewed Council Letter No. 97 regarding a proposed resolution approving findings of fact for denying a conditional use permit for a telecommunications tower at 200 West 78th Street. M/Sandahl, S/Stokes 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. 8452 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT 200 WEST 78TH STREET Motion carried 5-0. This resolution appears as Resolution No. 8452 in Resolution Book No. 67. Item #13CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 AFL-CIO, FOR YEARS 1997-1999. C.L.NO. 98 City Manager Prosser reviewed Council Letter No. 98 regarding approval of the proposed labor agreement between the City of Richfield and International Union of Operating Engineers, Local 49 AFL-CIO, for the years 1997-1999. 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. 8453 Council Meeting Minutes-8-April 14, 1997 RESOLUTION AUTHORIZING RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 AFL-CIO, FOR THE YEARS 1997-1999 Motion carried 5-0. This resolution appears as Resolution No. 8453 in Resolution Book No. 67. Item #14CONSIDERATION OF RESOLUTION REQUESTING COMMISSIONER OF TRANSPORTATION TO TRANSFER $85,000 FROM RICHFIELD’S MUNICIPAL STATE AID CONSTRUCTION ACCOUNT TO RICHFIELD’S MAINTENANCE ACCOUNT TO FINANCE MILLING AND OVERLAY OF 65TH STREET FROM XERXES AVENUE TO PENN AVENUE. C.L. NO. 99 City Manager Prosser reviewed Council Letter No. 99 regarding approval of a request to the Commissioner of Transportation to transfer $85,000 from Richfield’s Municipal State Aid (MSA) construction account to Richfield’s maintenance account to finance the milling and overlay of 65th Street from Xerxes Avenue to Penn Avenue. Acting Public Works Director Eastling reviewed and answered questions regarding pavement management and maintenance issues. He stated that the City has contacted Braun Intertec, a consulting firm specializing in pavement, to perform a study of Richfield streets and maintenance procedures to determine what is causing the recent spalling problem on some City streets. M/Rosenberg, S/Stokes 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. 8454 RESOLUTION REQUESTING THAT THE COMMISSIONER OF TRANSPORTATION TRANSFER $85,000 FROM RICHFIELD’S MSA CONSTRUCTION ACCOUNT TO ITS MAINTENANCE ACCOUNT TO FINANCE THE MILLING AND OVERLAY 65TH STREET FROM XERXES AVENUE TO PENN AVENUE Motion carried 5-0. This resolution appears as Resolution No. 8454 in Resolution Book No. 67. Item #15FIRST READING CONSIDERATION OF ORDINANCE AMENDMENT REZONING LAND AT 6309-11 PORTLAND AVENUE FROM TWO FAMILY RESIDENCE TO SINGLE FAMILY RESIDENCE. C.L. NO. 100 Council Meeting Minutes-9-April 14, 1997 City Manager Prosser reviewed Council Letter No. 100 regarding first reading of a proposed ordinance to rezone the land at 6309-11 Portland Avenue from MR-1 (two family residence) to R (single family residence). M/Stokes, S/Susag that this constitute the First Reading of this ordinance amendment to rezone 6309-11 Portland Avenue from MR-1 to R; and that the Public Hearing and Second Reading of the ordinance be scheduled for the May 12, 1997 City Council meeting. Motion carried 5-0. Item #16CONSIDERATION OF POTENTIAL LOCATIONS FOR NEW STORM WATER STORAGE POND NEAR RICHFIELD LAKE. C.L. NO. 101 City Manager Prosser reviewed Council Letter No. 101 regarding consideration of potential locations for a new storm water storage pond near Richfield Lake to accommodate the increased runoff that will result from the improvements to I-35W and 62 Crosstown Highway. Tim Duoos, owner of the Lyndale Garden Center, 6412 Lyndale Avenue, read and submitted a statement (Clerk’s File No. C-365) in opposition to the recommendation that the storm water pond be located at the Lyndale Garden Center and requesting that the City consider an alternative proposal. Mr. Duoos indicated he felt the City Manager had not kept in contact with him on this issue and that maybe there could be some way to accommodate the pond without the loss of his business. Discussion followed regarding the process, notification issues, and review of other potential locations for the stormwater pond. Council Member Sandahl asked about the timing for a decision on this issue. City Manager Prosser indicated a decision was not necessary tonight. He reviewed the Richfield Lake Planning Study process. He stated that a decision would be necessary for MnDOT to finalize plans for the stormwater pond and for the Richfield Lake planning process as it relates to potential redevelopment opportunities. He stated the issue had been brought forward tonight because the Planning Commission had forwarded their recommendation at the request of the Council. Acting Public Works Director Eastling stated that MnDOT must pay for the stormwater pond and that the location is under the control of the City with no immediate need for a decision at this point. Council Meeting Minutes-10-April 14, 1997 Council Member Sandahl suggested that this item be tabled until such time as staff determines a decision is required. Council Member Stokes indicated there is a need for further information on this issue before a final decision. M/Sandahl, S/Stokes to table consideration of the location of the new storm water storage pond near Richfield Lake. Motion carried 3-2. (Susag, Rosenberg opposed) Item #17CONSIDERATION OF AGREEMENT WITH SHORT ELLIOT HENDRICKSON TO PROVIDE PROFESSIONAL SERVICES FOR PROGRAMMING AND PRELIMINARY DESIGN OF NEW CITY MAINTENANCE FACILITY LOCATED AT VETERANS MEMORIAL PARK OF RICHFIELD IN AMOUNT NOT TO EXCEED $89,100. C.L. NO. 102 City Manager Prosser reviewed Council Letter No. 102 regarding a proposed agreement with the firm of Short Elliot Hendrickson (SEH) to provide professional services for programming and preliminary design of the new City maintenance facility to be located in Veterans Memorial Park of Richfield. Council Member Rosenberg discussed the relationship of the two separate issues of the maintenance facility and potential recreation facilities which the Community Services Commission has discussed. Acting Public Works Director Eastling responded to questions regarding the timing of construction of the City maintenance facility indicating possible completion by the fall of 1998. He indicated that if it became necessary to vacate the Lampert site earlier for redevelopment, there is a contingency to operate temporarily from other sites. Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that because of the costs of the underground facility and traffic concerns the Council should consider another site. He also suggested it would be wise to include in the study combining the maintenance and recreation structures. Acting Public Works Director Eastling stated that the traffic and other identified issues will be addressed in this process. He stated the study will help in identifying the options and costs. Council Member Susag suggested that the design of the maintenance facility should include the option for recreational facilities on top of the building. Council Meeting Minutes-11-April 14, 1997 M/Susag, S/Rosenberg to approve an agreement with Short Elliot Hendrickson in an amount not to exceed $89,100 to provide professional services for programming and preliminary design of a new City maintenance facility to be located in Veterans Memorial Park of Richfield. Motion carried 5-0. Item #18CONSIDERATION OF AWARD OF CONTRACT FOR LYNDALE AVENUE OVERLAY PROJECT TO ASHBACH CONSTRUCTION IN AMOUNT OF $89,817.25. C.L. NO. 103 City Manager Prosser reviewed Council Letter No. 103 regarding the award of contract for the Lyndale Avenue Overlay Project to Ashbach Construction in the amount of $89,817.25. M/Sandahl, S/Stokes to accept the bid minutes/tabulation and to award a contract for the Lyndale Avenue Overlay Project to Ashbach Construction in the amount of $89,817.25. Motion carried 5-0. Item #19CONSIDERATION OF APPOINTMENT OF MICHAEL EASTLING AS PUBLIC WORKS DIRECTOR. C.L. NO. 104 City Manager Prosser reviewed Council Letter No. 104 regarding the appointment of Michael Eastling as Public Works Director. M/Kirsch, S/Susag to approve the appointment of Michael Eastling as Public Works Director. Motion carried 5-0. Item #19ACONSIDERATION OF APPROVAL OF 1997 NEW AND USED MOTOR VEHICLE DEALER LICENSE FOR WALSER BARGAIN LOT, 6529 PENN AVENUE C.L. 92 City Manager Prosser reviewed Council Letter No. 92 regarding a request for a 1997 new and used motor vehicle dealer license for Walser Bargain Lot, 6529 Penn Avenue. Council Meeting Minutes-12-April 14, 1997 Council Member Rosenberg stated that she was opposed to this type of business being located in this area on Penn Avenue but there is no legal reason to oppose the license. She challenged the City Council, HRA, City staff, and citizens not to be satisfied with the Penn Avenue area as it exists and to strive for redevelopment. Andrew Walser, representing Walser Bargain Lot, stated that it was their intention to operate the facility featuring late model used cars. He stated Walser had a one year lease for the property and intended to paint the building. M/Sandahl, S/Susag to approve the 1997 new and used motor vehicle dealer license for Walser Bargain Lot, 6529 Penn Avenue, with the following stipulations: x Inventory cars may not be parked on any roadway or street. x The licensee will comply with all other ordinances and statutes. Motion carried 5-0. Mayor Kirsch asked for a report on the mediation regarding the design for the proposed dental office building at 6724 Penn Avenue. Community Development Director Palmborg stated that an acceptable final design for the building had been achieved through mediation. Item #20CONSIDERATION OF RESOLUTION APPROVING SECOND AMENDMENT TO CITY OF RICHFIELD GOLF COURSE LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION. C.L. NO. 105 City Manager Prosser reviewed Council Letter No. 105 regarding the proposed agreement with the Metropolitan Airports Commission regarding an amendment to the Rich Acres Golf Course land lease. He stated the basic terms of the proposed settlement included the following: x The MAC would agree not to retake the ball field portion of the lease premises until October 31, 1998 at the earliest. x The MAC would provide the City with a phasing plan which would outline the timeframe for retaking portions of the lease premises. The phasing plan would also provide for potential continued use of portions of property such as the golf course and ball fields during some utility construction work. x The MAC would withdraw its notice of lease termination. x The City of Richfield would agree to amend the lease agreement term of notification from 18 months to 90 days. x The MAC would agree to not retake the lease premises until all EIS activities are completed or 90 days prior to the start of construction, whichever is later. Council Meeting Minutes-13-April 14, 1997 M/Susag, S/Stokes 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. 8455 RESOLUTION AUTHORIZING APPROVAL OF SECOND AMENDMENT TO CITY OF RICHFIELD GOLF COURSE LEASE AGREEMENT Motion carried 5-0. This resolution appears as Resolution No. 8455 in Resolution Book No. 67. Item #21AIRPORT STATUS REPORT Acting Recreation Services Director Blank provided a status report on the following issues related to the termination of the lease for the golf course and recreation space at the airport: x The ballfield task has developed replacement alternatives. x City recreation services staff is meeting with school district staff regarding shared facilities. x The Metropolitan Council, Department of Natural Resources, National Park Service, Minneapolis Park and Recreation Department, Bureau of Mines, and Richfield Recreation Department continue to look at alternatives for potential use of excess federal lands in the area for replacement recreation facilities. x The FOWL Board will be reviewing alternative sites for relocating the community gardens to Wood Lake Nature Center. City Manager Prosser provided a status report on the recent changes in the MAC Part 150 Sound Insulation Program. Council Member Susag announced a change in location for the April 21, 1997 Special Joint Workshop Meeting with the Metropolitan Airports Commission. He stated that meeting would not be at the MAC offices as previously announced but instead would be held at the Lindbergh Terminal Building, Room 303, West Mezzanine. Item #22LEGISLATIVE REPORT City Manager Prosser reviewed the status of the following legislative issues: x Public pension consolidation legislation x Richfield Fire Relief Association/PERA consolidation legislation x Levy limits legislation Council Meeting Minutes-14-April 14, 1997 x Tax increment financing changes Item #23COUNCIL DISCUSSION ITEMS Council Member Sandahl discussed traffic circulation and access issues related to the Shops at Lyndale development. Council Member Susag commented on Drapery Place business which was successfully relocated to 73rd and Penn Avenue, the positive feedback about the Veterans Memorial Park and Augsburg Park playfeatures, and Borders Books coupon partnership during the week of April 13-19 to donate to the Augsburg Park Library. Tom Marolt, 2500 West 66th Street, stated concerns about the traffic signal timing and operation at 66th Street and Sheridan Avenue. Public Works Director Eastling stated he would review these concerns. Item #24CLAIMS AND PAYROLL M/Stokes, S/Susag that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 65904-65949; 66334-66784$1,540,590.69 FIRSTAR BANK Payroll: 103222-103517$420,520.10 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:07 p.m. Date Approved: Martin J. KirschMayor Council Meeting Minutes-15-April 14, 1997 Thomas P. FerberJames D. Prosser City ClerkCity Manager