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12-14-98 Regular CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 14, 1998 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; Dan Scott, Public Safety Director; Mike Eastling, Public Works Director; William Fillmore, Liquor Operations Director; and Corrine Thomson, City Attorney. APPROVAL OF MINUTES M/Sandahl, S/Susag to approve the minutes of the following minutes: x Special City Council Closed Executive Session of November 23, 1998; x Regular City Council Meeting of November 23, 1998; x Special City Council Meeting of December 7, 1998; x Special City Council Closed Executive Session (City Manager Evaluation) of December 9, 1998; x Special City Council Closed Executive Session (Airport) of December 9, 1998 Council Meeting Minutes-2-December 14, 1998 Motion carried 5-0. Item #1PRESENTATION OF CERTIFICATES OF APPRECIATION TO PRECINCT ELECTION JUDGE CHAIRPERSONS AND ASSISTANT CHAIRPERSONS Council Member Stokes read and presented Certificates of Appreciation to the following Precinct Election Judge Chairpersons and Assistant Chairpersons: Janice AndersenShirley GisselquistRichard Morey Linda BloomgrenIlene HolenPhilip Mortenson Barbara CookDanette KamrathFern Oreck Corrine CosgroveLois KovachEleanor Rasmussen Kimberly EdsonSusan LewisGeraldine Stoffel Liz EkholmJeanne LindstromClaire Todd Elayne GilhousenConnie McDonald Elayne Gilhousen, 6738 15th Avenue, acknowledged the work of all election judges, high school student trainee election judges, and City staff in the election process. Item #2PRESENTATION OF CERTIFICATE OF RECOGNITION TO THE ACADEMY OF HOLY ANGELS FOR BLUE RIBBON SCHOOLS AWARD Council Member Susag read a Certificate of Recognition acknowledging the Academy of Holy Angels for receiving the Blue Ribbon Schools Award. Item #3OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE AGENDA. Jasper Fowler, 6916 Penn Avenue, discussed concerns and questions regarding comments by Council Member Sandahl in the newspaper, the impact of the new North- South Runway, his desire that construction of the North-South Runway be stopped, redevelopment processes, and loss of houses in the community. Council Member Sandahl responded to Mr. Fowler regarding his comments. He also noted that the City itself does not have the legal authority to stop construction of the runway. Mayor Kirsch reviewed the process being used for resident and business input on what to do in the Penn Avenue/66th Street area. Council Meeting Minutes-3-December 14, 1998 Council Member Rosenberg discussed and explained how the redevelopment study process worked on Emerson Avenue and the Interchange West areas. She stated it is important to use extreme caution and compassion in these issues. Bill Duffee, 6515 18th Avenue, invited residents to attend the community meeting at 7:00 p.m. on December 15 to submit comments to the City Council on whether to approve a proposed Noise Mitigation Agreement with the MAC or whether to initiate litigation regarding mitigation. Cathy Sulla, 7237 Lyndale Avenue, requested that the City Council consider an ordinance change to allow a one day liquor permit for a July 3, 1999 Street Dance at Veterans Memorial Park as part of the Fourth of July Community Celebration. Council Member Sandahl suggested the Community Services Commission review this request for recommendation to the City Council. City Manager Prosser stated this issue would be scheduled for a future City Council Study Session meeting. Roland Danielson, representing the U.S. Bench Corporation, stated concerns about the proposed increase in the permit fee for courtesy benches. He suggested that the City Council conduct a Study Session to discuss this issue. City Manager Prosser presented options for the City Council on this issue. It was the consensus of the City Council that Appendix D would be considered for approval and the permit fee for courtesy benches could be suspended until further City Council review at a future meeting. Item #4 COUNCIL APPROVAL OF AGENDA City Manager requested addition of an agenda item for Council discussion about whether to cancel the regularly scheduled December 28 City Council Meeting. Mayor Kirsch stated this would be added to the agenda as Item #18A. M/Sandahl, S/Susag to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR Council Meeting Minutes-4-December 14, 1998 A.APPROVED RESOLUTION REAPPOINTING BILL BRUSMAN TO THE RICHFIELD TOURISM BOARD, INC. FOR THREE-YEAR TERM ENDING DECEMBER 31, 2001. C.L. 300 RESOLUTION NO. 8644 RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 8644 in Resolution Book No. 69. B.APPROVED CITY MANGER'S REAPPOINTMENT OF CONNIE MURRAY AND PAUL WASKO TO TWO-YEAR TERMS AS HEARING EXAMINERS C.L. 301 C.APPROVED RESOLUTION ACCEPTING TWO AUTOMATED EXTERNAL DEFIBRILLATORS AWARDED TO RICHFIELD POLICE DIVISION BY STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY C.L. 302 RESOLUTION NO. 8645 RESOLUTION AUTHORIZING RICHFIELD DEPARTMENT OF PUBLIC SAFETY, POLICE OPERATIONS DIVISION, ACCEPTANCE OF LAW ENFORCEMENT DEFIBRILLATOR GRANT This resolution appears as Resolution No. 8645 in Resolution Book No. 69. D.APPROVED CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR 1999 C.L. 303 E.APPROVED CONTINUATION OF AGREEMENT WITH CITY OF BLOOMINGTON FOR INSPECTIONAL SERVICES FOR 1999 AND 2000 C.L. 304 F.APPROVED ON-SALE 3.2 PERCENT MALT LIQUOR, ITINERANT PLACE OF AMUSEMENT, AND ITINERANT FOOD LICENSES WITH FEES WAIVED FOR SNO-BALL FAMILY EVENT AT CHURCH OF THE ASSUMPTION ON JANUARY 30, 1999 C.L. 305 G.APPROVED EXECUTION OF COOPERATIVE AGREEMENT BETWEEN MINNEHAHA CREEK WATERSHED DISTRICT AND CITY OF RICHFIELD REGARDING PERMITTING AUTHORITY C.L. 306 H.APPROVED TWO-YEAR CONTRACT TO CUTLER-MAGNER COMPANY FOR QUICK LIME FOR WATER TREATMENT IN AMOUNT OF $174,804 C.L. 307 I.APPROVED REJECTION OF BID OF VAN WATERS & ROGERS, INC. AND AWARD TWO-YEAR CONTRACT TO FEED-RITE CONTROLS, INC. FOR SODA ASH FOR WATER TREATMENT IN AMOUNT OF $76,400 C.L. 308 M/Sandahl, S/Stokes to approve the consent calendar. Council Meeting Minutes-5-December 14, 1998 Motion carried 5-0. Item #6PUBLIC HEARINGS TO CONSIDER THE FOLLOWING 1999 LIQUOR LICENSE RENEWALS: A.ON-SALE, SUNDAY LIQUOR AND TAVERN FOR CHI-CHI'S, INC., DBA CHI-CHI'S MEXICAN RESTAURANT, 7717 NICOLLET AVENUE C.L. 309 B.ON-SALE AND SUNDAY LIQUOR FOR DF&R OPERATING COMPANY, INC., DBA DON PABLO'S, 980 WEST 78TH STREET C.L. 310 C.ON-SALE AND SUNDAY LIQUOR FOR AMERICANA DINING CORPORATION, DBA CHAMPPS SPORTS CAFÉ, 790 WEST 66TH STREET C.L. 311 D.ON-SALE AND SUNDAY LIQUOR FOR PAISAN INCORPORATED, DBA KHAN'S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET C.L. 312 E.ON-SALE AND SUNDAY LIQUOR FOR THE GROUND ROUND OF MINN., INC., DBA THE GROUND ROUND, 1500 EAST 78TH STREET C.L. 313 F.CLUB ON-SALE AND SUNDAY LIQUOR FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE C.L. 314 G.CLUB ON-SALE AND SUNDAY LIQUOR FOR MINNEAPOLIS- RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. 315 H.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR THOMPSON'S FIRESIDE PIZZA, INC., DBA FIRESIDE PIZZA, 6736 PENN AVENUE C.L. 316 I.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR FRENCHMAN'S, 1400 EAST 66TH STREET C.L. 317 J.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR GIN NG INC., DBA SILVER SPOON RESTAURANT, 6700 PENN AVENUE C.L. 318 K.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR KIANG'S RED PEPPER INC., DBA RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET C.L. 319 L.ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR FOR SUBECK INCORPORATED, DBA KETSANA'S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L. 320 City Manager Prosser stated that there were applications for two 1999 Club On- Sale and Sunday Liquor Licenses, five 1999 On-Sale Wine and 3.2 Malt Liquor Licenses, and five 1999 On-Sale and Sunday Liquor Licenses on the agenda for Council consideration. He indicated that staff had prepared a report for each application. He stated that the public hearings would be held concurrently for all applications and action taken concurrently unless a division was requested. Council Meeting Minutes-6-December 14, 1998 No one in attendance wished to speak on any of the applications after the public hearings were opened by the City Council. Therefore, The City Council closed the public hearings and took action on the applications. Item #6APUBLIC HEARING TO CONSIDER 1999 ON-SALE, SUNDAY LIQUOR AND TAVERN LICENSES FOR CHI CHI’S, INC. D/B/A CHI CHI’S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE. C.L. NO. 309 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale and Sunday Liquor Licenses for Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6BPUBLIC HEARING TO CONSIDER 1999 ON-SALE AND SUNDAY LIQUOR LICENSES FOR DF & R OPERATING COMPANY, INC., D/B/A DON PABLO’S, 980 WEST 78TH STREET. C.L. NO. 310 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale and Sunday Liquor Licenses for DF & R Operating Company, Inc. D/b/a Don Pablo’s, 980 West 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6CPUBLIC HEARING TO CONSIDER 1999 ON-SALE AND SUNDAY LIQUOR LICENSES FOR AMERICANA DINING CORPORATION D/B/A CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET. C.L. NO. 311 Council Meeting Minutes-7-December 14, 1998 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale and Sunday Liquor Licenses for Americana Dining Corporation d/b/a Champps Sports Cafe, 790 West 66th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6DPUBLIC HEARING TO CONSIDER 1999 ON-SALE AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED D/B/A KHAN’S MONGOLIAN BARBEQUE, 500 EAST 78TH STREET. C.L. NO. 312 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale and Sunday Liquor Licenses for Paisan Incorporated d/b/a Kahn’s Mongolian Barbeque, 500 East 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6EPUBLIC HEARING TO CONSIDER 1999 ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND OF MINN. INC. D/B/A THE GROUND ROUND, 1500 EAST 78TH STREET. C.L. NO. 313 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale and Sunday Liquor Licenses for Ground Round of Minn. Inc., d/b/a The Ground Round, 1500 East 78th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Council Meeting Minutes-8-December 14, 1998 Item #6FPUBLIC HEARING TO CONSIDER 1999 ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401 LYNDALE AVENUE. C.L. NO. 314 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 Club On-Sale and Sunday Liquor Licenses for Fred Babcock V.F.W. Post No. 5555, 6401 Lyndale Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6GPUBLIC HEARING TO CONSIDER 1999 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE. C.L. NO. 315 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 Club On-Sale and Sunday Liquor Licenses to Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, with the following stipulations: 1.That the requirements are met in Resolution No. 7380. 2.That their $10,000 bond is submitted as soon as possible. 3.That their liquor liability insurance coverage is submitted as soon as possible. Motion carried 5-0. Item #6HPUBLIC HEARING TO CONSIDER 1999 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES FOR THOMPSON’S FIRESIDE PIZZA, INC., 6736 PENN AVENUE C.L. 316 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. Council Meeting Minutes-9-December 14, 1998 M/Sandahl, S/Susag to approve granting the 1999 On-Sale Wine and Non- Intoxicating Malt Liquor Licenses to Thompson’s Fireside Pizza, Inc., 6736 Penn Avenue, with the following stipulations: 1.That the requirements are met in Resolution No. 7380. 2.That proof of liquor liability and workers compensation insurance is submitted as soon as possible. Motion carried 5-0. Item #6IPUBLIC HEARING TO CONSIDER 1999 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR THE FRENCHMAN’S, 1400 EAST 66TH STREET. C.L. NO. 317 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale Wine and 3.2 Malt Liquor Licenses to The Frenchman’s, 1400 east 66th Street with the following stipulations: 1.That the requirements are met in Resolution No. 7380. 2.That their liquor liability and workers’ compensation insurance information is submitted as soon as possible. Motion carried 5-0. Item #6JPUBLIC HEARING TO CONSIDER 1999 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR GIN NG INC. D/B/A SILVER SPOON RESTAURANT, 6700 PENN AVENUE. C.L. NO. 318 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale Wine and 3.2 Malt Liquor Licenses to Gin Ng Inc., d/b/a Silver Spoon Restaurant, 6700 Penn Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. 2.That they submit the accountant’s statement as soon as possible. Motion carried 5-0. Council Meeting Minutes-10-December 14, 1998 Item #6KPUBLIC HEARING TO CONSIDER 1999 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR KIANG’S RED PEPPER, INC. D/B/A RED PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET. C.L. NO. 319 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale Wine and 3.2 Malt Liquor Licenses to Kiang’s Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #6LPUBLIC HEARING TO CONSIDER 1999 ON-SALE WINE AND 3.2 MALT LIQUOR LICENSES FOR SUBECK INCORPORATED, D/B/A KETSANA’S THAI RESTAURANT, 7545 LYNDALE AVENUE SOUTH. C.L. NO. 320 M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Sandahl, S/Susag to approve granting the 1999 On-Sale Wine and 3.2 Malt Liquor Licenses to Subeck Inc., d/b/a Ketsana’s Thai Restaurant, 7545 Lyndale Avenue, with the following stipulation: 1.That the requirements are met in Resolution No. 7380. Motion carried 5-0. Item #7APUBLIC HEARING TO CONSIDER THE 1999 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWAL FOR METRO PAWN AND GUN, INC. 7529 LYNDALE AVENUE C.L. 321 City Manager Prosser reviewed Council Letter No. 321 regarding the application of Mark Nichols for the issuance of a 1999 pawnbroker and secondhand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Council Meeting Minutes-11-December 14, 1998 M/Sandahl, S/Susag to close the public hearing. Motion carried 5-0. M/Susag, S/Sandahl to approve the issuance of a 1999 pawnbroker and second hand goods dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Motion carried 5-0. Item #7BPUBLIC HEARING TO CONSIDER THE 1999 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWAL FOR PLAZA PAWN, 6414 NICOLLET AVENUE C.L. 322 City Manager Prosser reviewed Council Letter No. 322 regarding the application of Dorothy and Hal Krieger for the issuance of a 1999 pawnbroker and secondhand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. M/Sandahl, S/Stokes to approve the issuance of a 1999 pawnbroker and second hand goods dealer license for Plaza Pawn, 6414 Nicollet Avenue. Motion carried 5-0. Item #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING AMENDED CONDITIONAL USE PERMIT TO ALLOW INCREASE IN RESTAURANT SEATING CAPACITY FOR 90 TO 150 AT 6519 NICOLLETAVENUE. C. L. NO. 323 City Manager Prosser reviewed Council Letter No. 323 regarding a request from the Eastern Buffet for an amended conditional use permit to allow an increase in the restaurant seating capacity from 90 to 150 at 6519 Nicollet Avenue. Jesse Symynkywicz, RLK-Kuusisto, Ltd., reviewed and presented a parking study done for the Eastern Buffet regarding the feasibility of adding additional seats. He reviewed recommendations from his report for parking improvements to the shopping center to provide additional parking and more efficient use. Matt Rieger, Midwest Management, Inc., manager of the Richfield Shoppes Center, discussed their support for the proposal and commitment to encourage employees to park in the back parking lot and to improve the safety of the back lot. Council Meeting Minutes-12-December 14, 1998 Dennis W. Manson, 6901 Park Avenue, spoke in support of approving the amended conditional use permit. Peggy Ries, Richfield Flowers and Events, 6515 Nicollet Avenue, stated that her data and observations indicated there was a shortage of parking at peak times (11 a.m. to 2 p.m.) and that increasing the seating capacity would make it worse. Lennard Stocklen, Jr., 6444 Cedar Avenue #202, spoke in support of the amendment to the CUP stating the Eastern Buffet was an asset to the community and that parking has not been a problem in his experience. Jeff Kreps, Futon Gallery, 6517 Nicollet Avenue, spoke in support of approval of the amendment to the CUP indicating it was beneficial to the shopping center. Greg Njoes, owner of Richfield Flowers and Events, stated concerns about sufficient parking for the additional seating, and safety concerns regarding employee parking behind the stores. Matt Rieger, Midwest Management, Inc, stated that he will be meeting with the Public Safety Department and Community Development Department regarding safety issues, lighting, fencing and building access. M/Susag, S/Sandahl to close the public hearing. Motion carried 5-0. Council Member Sandahl noted that there is no overflow of parking into the adjacent neighborhood and that the management company is responsible to work with the tenants on parking issues. Council Member Susag noted that normally not all the seats are used and there is a fast turnover. Council Member Rosenberg spoke in support of the amended PUD and urged the management company to address the security issues. Mayor Kirsch spoke in support of the amended PUD and urged the management company to work with the tenants on the issues discussed. M/Sandahl, 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. 8646 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 6519 NICOLLET AVENUE Motion carried 4-1. (Stokes opposed) This resolution appears as Resolution No. 8646 in Resolution Book No. 69. Council Meeting Minutes-13-December 14, 1998 Item #9PUBLIC HEARING REGARDING AMENDED PLANNED UNIT DEVELOPMENT PLAN, FINAL DEVELOPMENT PLAN AND CONSIDERATION OF RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR GRAMERCY PARK COOPERATIVE, 710 LAKE SHORE DRIVE AND 6724 LYNDALE AVENUE.C. L. NO. 324 City Manager Prosser reviewed Council Letter No. 324 regarding a request from the Gramercy Corporation for an amended planned unit development plan, final development plan, and conditional use permit for the Gramercy Park Cooperative which included the following proposed changes: x reduce the total building square footage from 393,422 sq. ft. to 327,405 sq. ft., a 16.7 percent reduction; x reduce the number of units from 218 to 160; x reduce the number of stories from 14 to 12; x eliminate the portion of the parking deck that would have been constructed underneath the alley; x decrease the amount of covered parking from 230 to 168 stalls (approximately 64 outside stalls will also be provided); x eliminate the second story of the VFW, although the number of square feet in the facility would remain approximately at 8,000; and x adjust the entrances to the parking structure and reconfigure loading/unloading areas. Mike Conlan, President of Gramercy Corporation, reviewed the proposed changes and explained the FHA regulations and cost issues that required the revisions to eliminate the parking deck under the alley and the resulting reduction of units. Larry Wozniczka, 6744 Wentworth Avenue, stated concerns about the impact of the changes on the Tax Increment Financing (TIF) for the project. Community Development Director Palmborg stated that the HRA is scheduled to consider an amendment of the contract for private development with Gramercy Corporation on December 21 regarding the financing and TIF issues. M/Stokes, S/Rosenberg to table this item until after the HRA action on the financing issues. Mr. Conlan discussed answered questions regarding the status of the project, FHA mortgage processing, and the impact of a delay in the process. He stated that he understood the TIF would be adjusted down because of the decrease in the value of the development but that it would remain in the same proportion. Discussion followed regarding the zoning issues before the City Council and financing issues to be considered by the HRA. Council Meeting Minutes-14-December 14, 1998 Council Member Susag suggested that if the item is tabled, the motion should set a date certain for consideration. Discussion followed regarding making the approval of the amendment contingent on the approval of the finances by the HRA. The motion to table the issue was withdrawn. City Attorney Thomson responded to procedural questions from the City Council and regarding the relationship of the HRA and City Council actions. M/Sandahl, S/Stokes to close the public hearing. Motion carried 5-0. M/Stokes, S/Sandahl to approve the request for an amended planned unit development, final development plan, and the following resolution for approving a conditional use permit for 710 Lake Shore Drive and 6724 Lyndale Avenue with the contingency that this project is approved by the HRA at it’s December 21, 1998 meeting; and 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. 8647 Motion carried 4-1. (Rosenberg opposed) This resolution appears as Resolution No. 8647 in Resolution Book No. 69. Council Member Rosenberg stated she opposed this project because of the use of TIF financing for rent control. Item #10FIRST READING OF ORDINANCE AMENDMENT REZONING LAND BETWEEN 66TH AND 67TH STREETS AND GRAND AND PLEASANT AVENUES FROM SINGLE FAMILY RESIDENTIAL TO PLANNED GENERAL COMMERCIAL AND REZONING LAND AT 6701 LYNDALE AVENUE FROM PLANNED GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL. C.L. NO. 325 City Manager Prosser reviewed Council Letter No. 325 regarding a proposed ordinance amendment to rezone land between 66th and 67th Streets from R single family residential to PC-2 planned general commercial and rezoning land at 6701 Lyndale Avenue from PC-2 planned general commercial to C-1 neighborhood commercial. Jan Susee, representing Richfield State Agency, reviewed and answered questions regarding the proposed Urban Village development. M/Susag, S/Stokes that this constitute the First Reading of this ordinance; and that the Public Hearing and Second Reading of the ordinance be scheduled for the January 11, 1999 City Council meeting. Council Meeting Minutes-15-December 14, 1998 Motion carried 5-0. Item #11FIRST READING OF TRANSITORY ORDINANCE VACATING RIGHT-OF- WAY FOR URBAN VILLAGE REDEVELOPMENT PROJECT. C.L. NO. 326 City Manager Prosser reviewed Council Letter No. 326 regarding a proposed transitory ordinance vacating Grand and Pleasant Avenues from 66th Street to 67th Street and the north half of 67th Street from Harriet to Pleasant Avenues. Larry Wozniczka, 6744 Wentworth Avenue, stated concerns about traffic impacts to 68th Street. He requested that property owners on 68th Street be notified regarding the traffic study related to this issue. Jan Susee, representing Richfield State Agency, discussed how traffic is expected to decrease on 68th Street as a result of their development. M/Sandahl, S/Susag that this constitute the First Reading of this ordinance; and that the Public Hearing and Second Reading of the ordinance be scheduled for the January 11, 1999 City Council meeting. Motion carried 5-0. Item #12CONSIDERATION OF RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION TO FACILITATE PURCHASE OF PROPERTY AND REQUIRED RELOCATION OF RESIDENTS AS PART OF WIDENING OF 66TH STREET AT I-35W. C.L. NO. 327 City Manager Prosser reviewed Council Letter No. 327 regarding consideration of a proposed joint powers agreement with the Minnesota Department of Transportation to facilitate the purchase of property and required relocation of residents as part of the widening of 66th Street at I-35W. 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. 8648 RESOLUTION AUTHORIZING APPROVAL OF A JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO FACILITATE THE PURCHASE OF PROPERTY AND REQUIRED RELOCATION OF RESIDENTS AS PART OF THE WIDENING OF 66TH STREET AT I-35W Council Meeting Minutes-16-December 14, 1998 Motion carried 5-0. This resolution appears as Resolution No. 8648 in Resolution Book No. 69. Item #13CONSIDERATION OF ADOPTION OF 1998 REVISED/1999 PROPOSED BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS. C.L. NO. 328 City Manager Prosser reviewed Council Letter No. 328 regarding consideration of resolutions approving the 1998 Revised/1999 Proposed Budget and Tax Levy, authorizing budget revisions, revision of department budgets, annual adjustment of the City’s mileage reimbursement rate, establishing utility rates, adopting the Capital Improvement Budget, adopting the Capital Improvement Program, establishing policies and fees for assessing, relating to salary compensation plans, and Appendix D fees. The City Council stipulated that collection of the permit fee for courtesy benches approved in Appendix D would be suspended until after further Council discussion at a future Study Session meeting. M/Sandahl, S/Susag that the following resolutions be adopted, that they be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 8649 RESOLUTION ADOPTING A BUDGET AND TAX LEVY FOR THE YEAR 1999 RESOLUTION NO. 8650 RESOLUTION AUTHORIZING BUDGET REVISIONS RESOLUTION NO. 8651 RESOLUTION AUTHORIZING REVISION OF 1998 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 8652 RESOLUTION AUTHORIZING ANNUAL ADJUSTMENT TO CITY’S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 8653 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS RESOLUTION NO. 8654 RESOLUTION ADOPTING THE 1999 CAPITAL IMPROVEMENT BUDGET Council Meeting Minutes-17-December 14, 1998 RESOLUTION NO. 8655 RESOLUTION ADOPTING THE 2000-2004 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 8656 RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR THE ASSESSING DIVISION RESOLUTION NO. 8657 RESOLUTION RELATING TO THE 1998 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 8658 RESOLUTION RELATING TO THE 1999 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 8659 RESOLUTION RELATING TO THE 1999 MANAGEMENT SALARY COMPENSATION PLAN RESOLUTION NO. 8660 RESOLUTION RELATING TO THE 1999 SPECIALIZED PAY PLAN RESOLUTION NO. 8661 RESOLUTION AMENDING ESTABLISHED 1999 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 8533 Motion carried 5-0. These resolutions appear as Resolution No.’s 8649 - 8661 in Resolution Book No. 69. Item #14CONSIDERATION OF RESOLUTION AUTHORIZING ADJUSTMENT OF 1998 REVISED GENERAL FUND BUDGET FOR PORTION OF UNSPENT YEAR-END FUNDS FOR ADMINISTRATIVE SERVICES, PUBLIC SAFETY AND AIRPORT EXPENDITURES. C.L. NO. 329 City Manager Prosser reviewed Council Letter No. 329 regarding proposed adjustments to the 1998 revised General Fund Budget by utilizing up to $260,000 of unspent year-end funds for the following purposes: a)Up to $50,000 for Fire Station #2 Driveway and Parking Lot repair. b)Up to $10,000 for Community Development and Finance remodeling. c)Up to $200,000 for additional airport expenditures. 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: Council Meeting Minutes-18-December 14, 1998 RESOLUTION NO. 8662 RESOLUTION AUTHORIZING ADJUSTMENT OF 1998 REVISED GENERAL FUND BUDGET Motion carried 5-0. This resolution appears as Resolution No. 8662 in Resolution Book No. 69. Item #15CONSIDERATION OF RESOLUTION AMENDING LETTER OF UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY MANAGER, ADJUSTING COMPENSATION. C.L. NO. 330 Mayor Kirsch reviewed Council Letter No. 330 regarding the December 9, 1998 City Council Closed Executive Session held to discuss the City Manager’s evaluation and compensation. Council Member Sandahl stated that the City Council is proposing a 3.5% total compensation increase for the City Manager. He stated that the City Manager could select the designation of the increase between salary and deferred compensation. M/Sandahl, S/Kirsch 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. 8663 RESOLUTION AMENDING THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER Motion carried 5-0. This resolution appears as Resolution No. 8663 in Resolution Book No. 69. Item #16CONSIDERATION OF SITE SELECTION FOR NEW PUBLIC WORKS FACILITY. C.L. NO. 331 PublicWorks Director Eastling reviewed Council Letter No. 331 presenting the purpose, membership, resources and work plan of the Public Works Maintenance Facility Site Selection Task Force which was presenting its recommendations to the City Council. He recommended the City Council receive the recommendations of the Task Force, select the first choice of 77th Street and Cedar Avenue for location of the future Public Works facility, direct staff to pursue use of the 77th Street and Cedar Avenue site for a Public Works facility, and, if that site cannot be secured from the MAC by June 1999, direct staff to resubmit the Task Force recommendation to the City Council for consideration. Council Meeting Minutes-19-December 14, 1998 David Gepner, 7503 18th Avenue, Chair of the Maintenance Facility Site Selection Task Force, presented and discussed the recommendations of the Task Force: 1) A new maintenance facility is needed. The Task Force found that because of age and inefficiency of existing facilities along with growing needs, the City must build a new facility. 2) The site for the new facility should be located at the northeast corner of 77th Street and Cedar. It is estimated that building at this site would cost $7.9 million including land. However, the feasibility of acquiring the land and the exact land cost is not yet known. This site was selected as the top choice because it ranks high in the areas of building costs, opportunity loss, zoning/compatibility with the City Master Plan, traffic flow, and “not-in-my-backyard” issues. It did not rank well in terms of land availability and acquisition costs, and a central location for operational effectiveness. Should the site not be available from the MAC, the Task Force recommended the City move to its second choice. 3) The second choice would be redevelopment of the existing maintenance facility site. Redeveloping the current site would cost an estimated $8.8 million. This site was ranked less desirable than the Cedar Avenue South site (77th and Cedar) because of cost and loss of opportunity to sell the existing site. This site would also require a two-story structure and the acquisition of three single-family homes and Gleason Mortuary. 4) A third site that ranked high in the evaluation was the Veterans Memorial Park of Richfield site. However, the Task Force did not select the site because of community feedback on the value of the park to Richfield. Mr. Gepner summarized the comments of the Planning Commission regarding the Task Forces recommendations. Larry Wozniczka, 6744 Wentworth Avenue, stated he was comfortable with the Task Force recommendations but expressed concerns that the staff is not recommending that the second choice be automatically chosen if the first choice is not feasible. He suggested also looking at modifications and adding to the existing facility. M/Sandahl, S/Susag to thank the Maintenance Facility Task Force for the work performed in preparing recommendations for a maintenance facility, to receive the recommendations of the Task Force, to select the first choice of 77th Street and Cedar Avenue for location of the future Public Works facility, to direct staff to pursue use of the 77th Street and Cedar Avenue site for a Public Works facility, and, if that site cannot be secured from the MAC by June 1999, to direct staff to resubmit the Task Force recommendation to the City Council for consideration. Motion carried 5-0. Council Meeting Minutes-20-December 14, 1998 Item #17CONSIDERATION OF EXECUTION OF SETTLEMENT AGREEMENT WITH RECREATION SERVICES DIRECTOR, GRETCHEN BLANK. C.L. NO. 332 City Manager Prosser reviewed Council Letter No. 332 recommending that the City Council authorize the Mayor and City Manager to execute a settlement agreement between the City of Richfield and the current Recreation Services Director, Gretchen Blank. M/Sandahl, S/Stokes to authorize the Mayor and City Manager to execute a settlement agreement between the City of Richfield and the current Recreation Services Director, Gretchen Blank. Motion carried 5-0. Item #18CONSIDERATION OF AWARD OF CONTRACTS FOR REMAINING TWO SITES OF BALLFIELD REPLACEMENT PROJECT x INGRAM EXCAVATING, INC. FOR DONALDSON PARK/JUNIOR HIGH SITE IN AMOUNT OF $753,356 x KA WITT CONSTRUCTION FOR INTERMEDIATE SCHOOL SITE IN AMOUNT OF $187,839 C.L. NO. 333 City Manager Prosser reviewed Council Letter No. 333 recommending the award of contracts for Proposal #2 and #3 of the Ballfield Replacement Project. M/Sandahl, S/Susag to approve the Award contracts to Ingram Excavating, Inc. for Proposal #2 - Donaldson Park/Junior High Site (base bid plus alternates #1 and #2) in the amount of $753,356 and KA Witt Construction for Proposal #3 - Intermediate School Site (base bid plus alternate #1) in the amount of $187,839. Both proposals are for City Project No. 421-40-754, Phase Two and Three of the Ballfield Replacement Project. Motion carried 5-0. Item #18ACONSIDERATION OF CANCELLATION OF DECEMBER 28, 1998 REGULAR CITY COUNCIL MEETING City Manager Prosser stated that there were no pending agenda items that would require action on December 28. M/Sandahl, S/Susag to cancel the December 28, 1998 Regular City Council meeting. Council Meeting Minutes-21-December 14, 1998 Motion carried 5-0. Item #19AIRPORT STATUS REPORT Council Member Rosenberg encouraged residents to attend the December 15 Special City Council Meeting to comment on whether to approve a proposed Noise Mitigation Agreement with the Metropolitan Airports Commission or whether to initiate litigation regarding mitigation of the impacts of the new North-South Runway. Item #20LEGISLATIVE REPORT City Manager Prosser stated that the legislative initiatives and policies are being drafted for 1999. Item #21COUNCIL DISCUSSION ITEMS Council Member Susag invited the public to the Minnesota Valley Women’s Club Tea scheduled for January 3 at the Augsburg Park Library. Item #22CLAIMS AND PAYROLL M/Sandahl, S/Susag that the following claims and payrolls be approved: RICHFIELD BANK & TRUST CO. Checks: 81884-81933$97,339.14 H/C: 83146-83561$1,038,355.35 Payroll: 10502-10715$413,666.82 Motion carried 5-0. ADJOURNMENT Council Meeting Minutes-22-December 14, 1998 The meeting was adjourned by unanimous consent at 9:18 p.m. Date Approved: Martin J. KirschMayor Thomas P. FerberJames D. Prosser City ClerkCity Manager