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11-24-97 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting NOVEMBER 24, 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; Susan Rosenberg; Michael Sandahl; Russ Susag; and Kristal Stokes. Staff Present :James Prosser, City Manager; Thomas Ferber, City Clerk; Bruce Palmborg, Community Development Director; Mike Eastling, Public Works Director; Betsy Christensen, Health Administrator; Dan Scott, Public Safety Director; Steve Sutter, Fire Marshall/Assistant Chief; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Susag, S/Rosenberg to approve the minutes of the Regular City Council Meeting of November 10, 1997; and the minutes of the Special Joint City Council/HRA/Planning Commission and Community Services Commission Meeting November 17, 1997. Motion carried 5-0. Council Meeting Minutes-2-November 24, 1997 Item #1OATH OF OFFICE TO PUBLIC SAFETY DIRECTOR DAN SCOTT City Manager Prosser reviewed the Public Safety Director recruitment process and the qualifications of Dan Scott who was appointed to the position. City Clerk Ferber administered the oath of office to Public Safety Director Dan Scott. Item #2PRESENTATION OF CERTIFICATE OF APPRECIATION TO FORMER CITY ATTORNEY JOHN B. DEAN Council Member Sandahl read and presented a Certificate of Appreciation to former City Attorney John Brooks Dean acknowledging his service to the City as Assistant City Attorney from 1973-1987 and City Attorney from 1988-1997. Item #3ACCEPTANCE OF AWARD OF EXCELLENCE FOR RICHFIELD REDISCOVERED PROGRAM. C.L. NO. 285 Community Development Director Palmborg reviewed Council Letter No. 285 regarding receipt of the National Association of Housing and Redevelopment Officials (NAHRO) National Award of Excellence in recognition of the Richfield Rediscovered Program for program innovation in community revitalization. Mayor Kirsch accepted the award on behalf of the City and acknowledged the work of staff for the development and implementation of the program. Item #4OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the Council. Item #5 COUNCIL APPROVAL OF AGENDA M/Susag, S/Stokes to approve the agenda. Motion carried 5-0. Council Meeting Minutes-3-November 24, 1997 Item #6 CONSENT CALENDAR A.APPROVED NOMINATION OF RONALD BAUMBACH AS MINNEHAHA CREEK WATERSHED DISTRICT MANAGER C.L. 286 B.APPROVED DECEMBER 8, 1997 FOR PUBLIC HEARINGS ON RENEWAL OF ON-SALE LIQUOR LICENSES FOR CHI CHI’S MEXICAN RESTAURANT, THE GROUND ROUND, KHAN’S MONGOLIAN BARBEQUE, AMERICAN LEGION POST NO. 435, VFW POST NO. 5555, DON PABLO’S AND CHAMPPS OF RICHFIELD C.L. 287 C.APPROVED DECEMBER 8, 1997 FOR PUBLIC HEARINGS FOR RENEWAL OF WINE LICENSES FOR THOMPSON’S FIRESIDE PIZZA, SILVER SPOON RESTAURANT, RED PEPPER CHINESE RESTAURANT AND THE FRENCHMANS C.L. 288 D.APPROVED AWARD OF TWO YEAR CONTRACT TO REHBEIN, INC. FOR DISPOSAL OF LIME BY-PRODUCT IN AMOUNT OF $91,620 C.L. 289 E.APPROVED MASTER PURCHASE ORDER FOR ROCK SALT FOR USE IN ICE CONTROL DURING 1997/98 WINTER SEASON FROM NORTH AMERICAN SALT COMPANY FOR ESTIMATED TOTAL OF $47,073 C.L. 290 M/Rosenberg, S/Susag to approve the consent calendar. Motion carried 5-0. Item #7PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO ZONING ORDINANCE, SECTION 526, INCREASING PRINCIPAL BUILDING HEIGHT TO 100 FEET IN THE 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. 291 City Manager Prosser reviewed Council Letter No. 291 regarding a proposed ordinance amendment to increase the allowable principal building height to 100 feet in the C-2 (General Commercial) zoning district for properties located east of I-35W, west of Trunk Highway 77 and south of 77th Street. M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Stokes that this constitute the Second Reading of Bill No. 1997-18 amending Section 526, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Council Meeting Minutes-4-November 24, 1997 Item #8PUBLIC HEARING AND SECOND 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. 292 City Manager Prosser reviewed Council Letter No. 292 regarding a proposed ordinance amendment to rezone the land at 300 West 78th Street from C-3 (high density commercial to C-2 (general commercial). Lawrence Wozniczka, 6744 Wentworth Avenue, stated that hotels are a permitted use in a C-3 district but require a conditional use permit in a C-2 district. He questioned the purpose for rezoning the property since the proposed use for the site is a hotel. Community Development Director Palmborg stated that the reason for rezoning is that the required floor area ratio for the C-3 requires a much higher level of density than what the market interest has indicated for this property. City Manager Prosser reviewed the differences in setback requirements for C-2 and C-3 districts. Mr. Wozniczka suggested that it would be simpler to grant a variance for the lesser density rather than rezoning the property. City Manager Prosser stated that the City Attorney had recommended that the property be rezoned. 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. 1997-19 rezoning land at 300 West 78th Street, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY AT 300 WEST 78TH (FORMER LAMBERT LUMBER SITE) FOR REDEVELOPMENT AND CONSIDERATION OF RESOLUTION DESIGNATING USE OF SALE PROCEEDS FOR NEW CITY MAINTENANCE FACILITY. C.L. NO. 293 Council Meeting Minutes-5-November 24, 1997 City Manager Prosser reviewed Council Letter No. 293 regarding a proposed transitory ordinance to authorize the sale of City owned property at 300 West 78th Street for redevelopment and a proposed resolution designating use of the sale proceed for the new City maintenance facility. Larry Wozniczka, 6744 Wentworth Avenue, asked what fund the profits from the sale of the property would go to since $450,000 in Capital Project Funds were used for the original purchase. City Manager Prosser stated it is proposed that the proceeds from the sale of the property be designated to help pay for the construction of a new City garage facility to be located on Portland Avenue. Mr. Wozniczka stated concerns regarding the timing for the relocation of City garage operations from the Lampert Lumber site and potential costs to taxpayers for a temporary site until the new garage is built. He stated he was particularly concerned about the possible acquisition of the Gleason Mortuary. City Manager Prosser stated staff had discussions with Mr. Gleason regarding acquisition of the Gleason Mortuary as part of the redevelopment of the City garage site for townhomes. He stated that if the site were acquired early, it would be possible to use the building temporarily; however, the relocated City garage operations will probably use the water plant, the Pillsbury Avenue garage, store some equipment outside, or possibly rent an officer trailer to operate until the new garage facility is ready. Floyd Sandell, 6737 Third Avenue, stated concerns about Mr. Gleason, notification of the public, the Richfield Lake Area Planning process, and Richfield Sun-Current newspaper articles. City Manager Prosser stated that staff had spoken to Mr. Gleason twice about the potential for acquisition of the mortuary property. Mr. Prosser reviewed the Richfield Lake Area Planning process used to encourage public input on potential redevelopment and related issues. M/Susag, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Stokes that this constitute Second Reading of Bill No. 1997-20, Transitory Ordinance No. 17.77 authorizing sale of 300 West 78th Street; that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. 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: Council Meeting Minutes-6-November 24, 1997 RESOLUTION NO. 8523 RESOLUTION AUTHORIZING USE OF PROCEEDS FROM SALE OF LAMPERT LUMBER SITE AT 300 WEST 78TH STREET FOR NEW CITY GARAGE FACILITY ON PORTLAND AVENUE Motion carried 5-0. This resolution appears as Resolution No. 8523 in Resolution Book No. 67. Item #10CONSIDERATION OF CONDUCTING CITY COUNCIL STUDY SESSION ON MONDAY, DECEMBER 1, 1997. C.L. NO. 294 City Manager Prosser reviewed Council Letter No. 294 regarding whether to conduct the regularly scheduled December 1 City Council Study Session meeting. He stated that a Special City Council Meeting with legislators is scheduled for December 3 at 6:00 p.m. followed by the Truth in Taxation Public Hearing at 7:00 p.m. M/Sandahl, S/Susag to cancel the December 1, 1997 City Council Study Session Meeting. Motion carried 5-0. Item #11AIRPORT STATUS REPORT City Manager Prosser reviewed the status of the following airport issues: x North-South Runway The Planning Commission will review the mitigation plan which is being prepared by Sandy Fidell and Don Brauer. x Runway 4-22 Litigation  Steve Pflaum was granted a two week extension for submittance of briefs to the courts. It is likely he will be challenging assumptions by the FAA’s Record of Decision of no need for sound insulation in multi-family dwellings of southeast Richfield.  x Noise Mitigation Plan Additional noise testing for data collection was contacted last week. A meeting between Richfield staff, consultants, RASG, and Metropolitan Council will be held on November 21 for preparation of Richfield’s Noise Mitigation Plan. Council Meeting Minutes-7-November 24, 1997 Item #12LEGISLATIVE REPORT City Manager Prosser stated at the City Council is scheduled to discuss legislative initiatives and policies with the City’s legislators at a Special Meeting on December 3 at 6:00 p.m. Item #13COUNCIL DISCUSSION ITEMS None. Item #14CLAIMS AND PAYROLL M/Sandahl, S/Stokes that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 71609-71623, 72249-72253$38,244.06 H/C:72302-72606$860,838.07 FIRSTAR BANK Payroll: 108974-109278$450,350.32 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:45 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager