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10-27-97 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting OCTOBER 27, 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, Public Works Director; Gretchen Blank, Recreation Services Director; Tom Foley, Transportation Engineer; Vaughn Lambert, Police Captain; Steve Sutter, Fire Marshall/Assistant Chief; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Sandahl, S/Stokes to approve the minutes of the Regular City Council Meeting of October 13, 1997 and the Reconvened City Council Meeting of October 15, 1997. Council Meeting Minutes-2-October 27, 1997 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 #2PRESENTATION OF CERTIFICATE OF COMMENDATION FROM STATE OF MINNESOTA GOVERNOR’S OFFICE FOR EXCEPTIONAL VOLUNTEERISM EXHIBITED IN HELPING MINNESOTA CITIES RESTORE THEIR COMMUNITY WATER SUPPLY DURING FLOOD OF 1997. C.L. NO. 257 Mayor Kirsch read and presented a certificate of commendation from Minnesota Governor Arnie Carlson to the City of Richfield acknowledging the assistance of two Richfield employees in restoring the water supply to the City of East Grand Forks during the 1997 flood. John Thom, Utilities Superintendent, and Bill LaLonde, Community Services Worker, accepted the certificate on behalf of the City. Mr. Thom reviewed their experiences in East Grand Forks. Item #3COUNCIL APPROVAL OF AGENDA M/Susag, S/Rosenberg to approve the agenda. Motion carried 5-0. Item #4CONSIDERATION OF REQUESTING MNDOT TO CONSTRUCT A NOISE WALL ALONG THE WESTSIDE OF I-35W BETWEEN 68TH STREET AND 73RD STREET. C. L. NO 258 City Manager Prosser reviewed Council Letter No. 258 recommending that the City Council take the following actions: Council Meeting Minutes-3-October 27, 1997 1.Request that MnDOT construct a noise wall of 20 feet in height to be built for the entire length of the existing opening between 68th Street and 73rd Street along the west side of I-35W. The wall and landscaping must be designed in an aesthetically pleasing manner. 2.If this motion is approved, request MnDOT to install a noise wall on the east side of I-35W. He reviewed the following Findings of Fact related to the issue: FINDINGS OF FACT 1.The federal noise criterion is L(10) 70 dBA. When noise levels are expected to exceed this level, noise mitigation including noise walls should be considered. 2.The state daytime noise standard is L(10) 65 dBA. 3.The federal noise criterion and state daytime noise standard are exceeded in the first row of homes both today and in the year 2013 forecast. 4.The state daytime noise standard is exceeded in the second row of homes both today and in the year 2013 forecast. 5.The federal noise criterion and state daytime noise standard are not exceeded in the third row and beyond either today or in the year 2013 forecast. 6.Based on the noise analysis, a 15 foot high wall would meet the federal noise criterion of L(10) 70 dBA and a 20 foot high wall would meet the state noise standard of L(10) 65 dBA for the forecast year of 2013. 7.Based on the noise analysis, a 12 foot high wall would meet the federal noise criterion of L(10) 70 dBA for today’s traffic and noise levels but not for the forecast year of 2013. 8.Homes located adjacent to the freeway and elevated above it will benefit from a noise wall if the wall is at least 8 feet to 12 feet high. 9.The results of a noise study performed by MnDOT that estimates the noise reduction for a range of wall heights from 6 feet to 20 feet. It shows that the greatest noise reduction occurs for houses located within the first two rows of houses located closest to the freeway. The third row of homes benefits from the noise wall as well, but to a somewhat lesser extent. 10.At a height of 12 feet a noise wall would block the view at eye level from the first floor of only six houses located between 69th Street and 72nd Street closest to I-35W. At a height of 20 feet a noise wall would block the view at eye level from the first floor of all houses located on Lake Shore Drive and Humboldt Avenue. Mr. Prosser stated the following as the basis of the staff recommendation: 1.The public discussion on whether or not to add noise walls failed to establish a consensus on which to base an exemption to the state daytime noise standard. 2.The future noise levels for the first row of homes west of I-35W are expected to exceed the state daytime noise standard of L(10) 65 dBA, and the highest noise wall possible of 20 feet will produce the greatest reduction in noise levels now and in the future. Council Meeting Minutes-4-October 27, 1997 3.A review of residents’ preferences for walls of different heights indicated there was no consensus on any wall height for the area between 69th Street and 72nd Street. 4.Recent noise monitoring performed by MnDOT showed noise levels drop sharply beyond the first two rows of homes closest to I-35W. 5.Noise walls to provide the most effective noise mitigation require a continuous wall. 6.Construction of the 20 foot noise wall on the west side of I-35W, removes the need to maintain the open view of the nature center. 7.The nature center would benefit from the noise wall construction. Joan Fiedler, 7034 Lake Shore Drive, spoke in opposition to a 20 foot high noise wall. She suggested that some type of compromise be worked out to provide a modified or lower wall in some areas. She stated a 12 foot high wall would be preferable to a 20 foot high wall which would be unacceptable. Gary Limpert, 6936 Lake Shore Drive, thanked the City for the opportunity to express his views on the subject. He stated an eight foot high wall would be acceptable from 69th Street to 70th Street with other areas higher if necessary. Mark Fiedler, 7034 Lake Shore Drive, spoke in opposition to a 20 foot high wall. He stated that the noise data indicated that most people would not benefit from the wall and they would lose 365 days a year of view. He stated he preferred a six foot high safety wall or staff alternative recommendation #1. Bjorn Hagen, 7238 Humboldt Avenue, stated a 20 foot high wall would be ineffective in controlling noise on the second level of his split level home. He stated he would prefer a 12 foot high wall as a compromise. He requested that if a wall is built, that it be more aesthetically designed than the existing I-35W wall. Dorothy Peterson, 7120 Lake Shore Drive, stated she favored a compromise for the three blocks who have the most to lose. She stated these homes were still sellable and desirable. She stated she preferred a six to eight-foot high safety wall for her area. She thanked the City for the opportunity to discuss the issue and for putting up the string lines to simulate the wall. John Chenevert, 7010 Lake Shore Drive, spoke in opposition to anything other than a six foot high safety wall. He stated the noise study showed indiscernible benefit. He stated strong opposition to the City Manager’s recommendation. Chris Evans, 7138 Knox Avenue, spoke in support of the 20 foot noise wall to preserve the Wood Lake Nature Center and the neighborhood to the west to lower noise so that people can spend time outside with their children and build a community. Council Meeting Minutes-5-October 27, 1997 Brian McKamey, 6820 Humboldt Avenue, spoke in support of a 20 foot high noise wall. He stated that it is unfortunate that this was a divisive issue for the neighborhood but that the Council should do what is best for the community as a whole to help alleviate the noise problem. Daniel Berg, 6800 Emerson Lane, spoke in support of a 20 foot high noise wall on the east side. Pam Dymentrenko, 7030 Irving Avenue, stated that the decision on this issue should be forward looking. She urged the Council to take this opportunity to mitigate the noise and buffer the neighborhood from the freeway. Council Member Sandahl stated concern that residents understand that even with a 20 foot high wall there should not be an expectation that there will not be high noise levels in the area. Council Member Rosenberg stated she has read all the statistics and extensively walked the area. She stated that she believed the 20 foot noise wall would decrease noise in the neighborhood. She stated this decision was for the future of the area and that her heart goes out to those whose homes look directly at the wall. She urged residents to move forward and continue to be friends. Council Member Susag thanked residents for their calls and letters on this issue. He stated that this is a MnDOT project and in the absence of any request from the City, MnDOT would construct a noise wall. He stated that there have been no reasons given to qualify for a variance to not construct a wall under Minnesota Rules 7030.0080 Council Member Stokes thanked residents for their input and stated concern that the divisiveness end after the decision. Mayor Kirsch thanked all who called or wrote letters to him about this issue. He stated that the noise statistics were interesting but that in walking the area he could compare the noise where a wall exists and where there is no wall. He stated the wall made a significant difference. He stated that now is an opportunity to work with MnDOT to help mitigate the freeway noise. M/Rosenberg, S/Stokes to request that MnDOT construct a noise wall of 20 feet in height to be built for the entire length of the existing opening between 68th Street and 73rd Street along the west side of I-35W. The wall and landscaping must be designed in an aesthetically pleasing manner. Motion carried 5-0. M/Rosenberg, S/Sandahl to also request MnDOT to install a noise wall on the east side of I-35W. Motion carried 5-0. Council Meeting Minutes-6-October 27, 1997 Item #5 CONSENT CALENDAR A.APPROVED SOUTH HENNEPIN REGIONAL PLANNING AGENCY’S JOINT POWERS AGREEMENTS FOR: (1) RESEARCH, PLANNING AND COORDINATION; AND (2) THE FAMILY SERVICES COLLABORATIVE C.L. 259 B.APPROVED RESOLUTION AUTHORIZING CONTINUED PARTICIPATION IN LIVABLE COMMUNITIES ACT PROGRAMS ADMINISTERED BY METROPOLITAN COUNCIL C.L. 260 RESOLUTION NO. 8515 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVE ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 This resolution appears as Resolution No. 8515 in Resolution Book No. 67. C.APPROVED RESOLUTION DESIGNATING CITY OF RICHFIELD AS LOCAL GOVERNMENT UNIT FOR WETLAND CONSERVATION C.L. 261 RESOLUTION NO. 8516 RESOLUTION DESIGNATING THE CITY OF RICHFIELD AS THE LOCAL GOVERNMENT UNIT FOR WETLAND CONSERVATION This resolution appears as Resolution No. 8516 in Resolution Book No. 67. D.APPROVED SETTING PUBLIC HEARING DATE OF NOVEMBER 10, 1997 FOR NEW ON-SALE LIQUOR AND SUNDAY LICENSE FOR GR OF MINN., INC., DBA THE GROUND ROUND, 1500 EAST 78TH STREET C.L. 262 E.APPROVED ON-SALE 3.2 PERCENT MALT LIQUOR, ITINERANT PLACE OF AMUSEMENT AND ITINERANT FOOD LICENSES WITH FEES WAIVED FOR ST. RICHARD’S FALL FESTIVAL ON NOVEMBER 8 AND 9, 1997 C.L. 263 M/Susag, S/Stokes to approve the consent calendar. Motion carried 5-0. Item #6PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING Council Meeting Minutes-7-October 27, 1997 CONDITIONAL USE PERMIT TO ALLOW OPERATION OF 90-SEAT RESTAURANT AT 6519 NICOLLET AVENUE. C.L. NO. 264 City Manager Prosser reviewed Council Letter No. 264 regarding the application of Kok Cheng for a conditional use permit to allow the operation of a 90 seat Chinese restaurant at 6519 Nicollet Avenue in the Richfield Shoppes shopping center. Jeff Houge, 750 Pennsylvania Avenue, representing the owner and management of Richfield Shoppes, described the applicants proposal for a 4200 square foot 90-seat Chinese restaurant at the Richfield Shoppes. He stated a review of the applicants Brooklyn Park restaurant indicated a well run, clean operation with good food. He stated that the applicant and the Richfield Shoppes desired to fully address the concerns of the adjacent resident neighborhood regarding odors. Mr. Houge summarized a plan to exhaust the cooking odors through a vent running up the side of the professional building and a force fan to vent it towards the parking area. He indicated that if this system was found to cause problems in the neighborhood as determined by a task force of staff, health inspectors, and neighborhood representatives, a filtration system would be installed to further reduce odors. Council Member Susag questioned the amount of noise that would be emitted by the exhaust fan. Mr. Houge stated the fan unit was a quiet technology. Council Members Rosenberg and Susag stated concern about adequate parking being available near the restaurant. Mr. Houge stated that the shopping center has adequate parking for the proposed restaurant use, however the center will more strictly enforce employee parking regulations to assure availability of parking adjacent to the building. Kok Cheng, 6276 Boone Avenue North, applicant for the conditional use permit, stated her intentions to keep a clean exhaust system and serve good food to the community. City Manager Prosser suggested the following additional stipulation to the conditional use permit: That employees of the Richfield Shoppes not be encouraged to park in the adjacent residential neighborhood. The City Council accepted this additional stipulation for inclusion in the proposed resolution. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. Council Meeting Minutes-8-October 27, 1997 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. 8517 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 6519 Nicollet Avenue Motion carried 5-0. This resolution appears as Resolution No. 8517 in Resolution Book No. 67. Item #7PUBLIC HEARING AND SECOND READING OF INTERIM ORDINANCE WHICH AUTHORIZES STUDY TO BE CONDUCTED AND MORATORIUM TO BE IMPOSED ON DEVELOPMENT OF PROPERTY ALONG INTERSTATE 494 FROM PLEASANT AVENUE TO CEDAR AVENUE C.L. NO. 265 City Manager Prosser reviewed Council Letter No. 265 regarding the proposed interim ordinance to authorize a study to be conducted on zoning along I-494 south of 77th Street between Pleasant Avenue and Cedar Avenue and to declare a moratorium on the development of property in the study area until September 5, 1998. M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Susag, S/Stokes that this constitute Second Reading of Bill No. 1997-16 Transitory Ordinance No. 17.76, 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 PROHIBITING DEPOSIT OF SNOW FROM PRIVATE PROPERTY TO BOULEVARD NOT IMMEDIATELY ADJACENT TO SUCH PRIVATE PROPERTY. C. L. NO. 266 City Manager Prosser reviewed Council Letter No. 266 regarding a proposed ordinance amendment which would prohibit the deposit of snow from private property to a boulevard not immediately adjacent to such private property. Council Meeting Minutes-9-October 27, 1997 M/Sandahl, S/Rosenberg to close the public hearing. Motion carried 5-0. M/Stokes, S/Rosenberg that this constitute Second Reading of Bill No. 1997-17, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9CONSIDERATION OF RESOLUTION APPROVING ADEQUACY OF SPECIAL ASSESSMENT PETITION AND WAIVER AGREEMENT FOR TOLD DEVELOPMENT COMPANY AND ORDERING CERTAIN ASSESSABLE IMPROVEMENTS; MERIDIAN CROSSINGS REDEVELOPMENT PROJECT C.L. NO. 267 City Manager Prosser reviewed Council Letter No. 267 regarding approval of the adequacy of the special assessment petition and waiver agreement for TOLD Development Company authorizing the installation of certain assessable improvements pertaining to the Meridian Crossings Redevelopment Project. 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. 8518 RESOLUTION DECLARING ADEQUACY OF PETITION FOR LOCAL IMPROVEMENT AND ORDERING IMPROVEMENT Motion carried 5-0. This resolution appears as Resolution No. 8518 in Resolution Book No. 67. Item #10CONSIDERATION OF RESOLUTION PROVIDING FOR SALE OF $750,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997. C.L. NO. 268 City Manager Prosser reviewed Council Letter No. 268 regarding a proposed resolution providing for the sale of $750,000 taxable General Obligation Improvement Bonds to finance the special assessment improvements for the TOLD Development/ Meridian Crossings Redevelopment Project. Council Meeting Minutes-10-October 27, 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. 8519 RESOLUTION PROVIDING FOR THE SALE OF $750,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997 Motion carried 5-0. This resolution appears as Resolution No. 8519 in Resolution Book No. 67. Item #11FIRST READING OF ZONING ORDINANCE AMENDMENT, SECTION 526, INCREASING PRINCIPAL BUILDING HEIGHT TO 100 FEET IN C-2 (GENERAL COMMERCIAL) ZONING DISTRICT FOR PROPERTIES LOCATED EAST OF I-35W, WEST OF TRUNK HIGHWAY 77 AND SOUTH OF 77TH STREET. C.L. NO. 269 City Manager Prosser reviewed Council Letter No. 269 regarding a proposed ordinance amendment to Section 526 of the Zoning Ordinance to increase the allowable principal building height to 100 feet in a C-Z (General Commercial) Zoning district for properties located east of I-35W, west of Highway 77 and south of 77th Street. M/Sandahl, S/Stokes that this constitute the First Reading of this ordinance amendment to Section 526; and that the Public Hearing and Second Reading of the ordinance be scheduled for the November 24, 1997 City Council meeting. Motion carried 5-0. Item #12FIRST READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY AT 300 WEST 78TH STREET (FORMER LAMPERT LUMBER SITE) FOR REDEVELOPMENT. C.L. NO. 270 City Manager Prosser reviewed Council Letter No. 270 regarding a proposed transitory ordinance to authorize the sale of City-owned property located at 300 West 78th Street. M/Sandahl, S/Susag that this constitute the First Reading of this transitory ordinance authorizing the sale of 300 West 78th Street (Lampert Lumber site); and that the Public Hearing and Second Reading of the ordinance be scheduled for the November 24, 1997 City Council meeting. Motion carried 5-0. Council Meeting Minutes-11-October 27, 1997 Item #13FIRST READING OF ORDINANCE AMENDMENT REZONING LAND AT 300 WEST 78TH STREET FROM C-3 (HIGH DENSITY COMMERCIAL) TO c-2 (GENERAL COMMERCIAL). C.L. NO. 271 City Manager Prosser reviewed Council Letter No. 271 regarding a proposed ordinance amendment to rezone the property at 300 West 78th Street from C-3 (High Density Commercial) to C-2 (General Commercial). M/Sandahl, S/Stokes that this constitute the First Reading of this ordinance amendment to rezone 300 West 78th Street; and that the Public Hearing and Second Reading of the ordinance be scheduled for the November 24, 1997 City Council meeting. Motion carried 5-0. Item #14CONSIDERATION OF COMMUNITY DEVELOPMENT DIRECTOR’S RECOMMENDATION REGARDING RICHFIELD-BLOOMINGTON HONDA AND THE LAMPERT LUMBER SITE. C.L. NO. 272 City Manager Prosser reviewed Council Letter No. 272 regarding consideration of the Community Development Director’s recommendation regarding Richfield-Bloomington Honda and the Lampert Lumber site. M/Sandahl, S/Rosenberg to reject the Community Development Director’s recommendation and direct staff to receive offers from the public including any which may be submitted by Richfield-Bloomington Honda. Motion carried 5-0. Item #15COUNCIL CONFIRMATION OF MAYOR’S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER FOR TERM WHICH EXPIRES IN OCTOBER 2002. C.L. NO. 273 Mayor Kirsch announced his appointment of Tom Harms as a Housing and Redevelopment Authority Commissioner for a five year term. M/Kirsch, S/Rosenberg to confirm the Mayor’s appointment of Tom Harms as a Commissioner to the Housing and Redevelopment Authority for a five year term which will expire in October, 2002. Council Meeting Minutes-12-October 27, 1997 Motion carried 5-0. Item #AIRPORT STATUS REPORT City Manager Prosser stated that information from the BBN Technologies Field Study of the Annoyance of Low Frequency Runway Sideline Noise is being used to prepare a mitigation plan with the assistance of the Metropolitan Council. Item #17LEGISLATIVE REPORT None. Item #18COUNCIL DISCUSSION ITEMS Council Member Susag commended Wood Lake Nature Center Manager Karen Shragg and staff for the success of the Half Haunted Halloween Event at the Nature Center. Item #19CLAIMS AND PAYROLL M/Sandahl, S/Rosenberg that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 70614-70638, 71573-71575, 71625-71932$787,652.33 FIRSTAR BANK Payroll: 108380-108688$439,392.47 Motion carried 5-0. ADJOURNMENT Council Meeting Minutes-13-October 27, 1997 The meeting was adjourned by unanimous consent at 8:23 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager