05-24-1993CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 24, 1993
MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan
Rosenberg; Russ Susag; and Don Priebe.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas
Ferber, City Clerk; Byron Wallace, Community
Development Director; Jack Erskine, Public
Safety Director; William Fillmore,
Liquor Operations Director; Gretchen Blank,
Leisure Services Coordinator; and John Dean,
City Attorney.
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.
APPROVAL OF MINUTES
Council Member Susag requested that the minutes of the
Regular City Council Meeting of May 10, 1993 be amended on page
6, Item #10 by adding the following to the end of the fourth
paragraph sentence: "to the exclusion of adjoining neighbors".
M/Priebe, S/Rosenberg to approve the minutes of the
Richfield Board of Review of May 10, 1993; and the minutes of the
Regular City Council Meeting of May 10, 1993 as amended.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -2- May 24, 1993
Item #3 CONSENT CALENDAR
3A. APPROVED RESOLUTION APPOINTING JAMES GREENLEE TO REPLACE
GEORGE OTTERSON AS MOTEL 6 REPRESENTATIVE TO RICHFIELD
TOURISM PROMOTION-BOARD C.L. 149
RESOLUTION NO. 8015
RESOLUTION APPOINTING A REPRESENTATIVE TO THE BOARD OF
DIRECTORS TO THE RICHFIELD TOURISM PROMOTION BOARD, INC.
This resolution appears as Resolution No. 8015 in Resolution
Book No. 62.
B. APPROVED RESOLUTIONS VOIDING MINNESOTA DEPARTMENT OF
TRANSPORTATION AGREEMENT NO.'S 53060M AND 1069 RELATING TO
STREET LIGHT MAINTENANCE C.L. 150
RESOLUTION NOo 8016
RESOLUTION VOIDING MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT NO.'S 53060M PERTAINING TO MAINTENANCE OF STREET
LIGHTS ON-TRUNK HIGHWAY 77 BETWEEN EAST 72ND STREET
AND EAST 66TH STREET
This resolution appears as Resolution No. 8016 in Resolution
Book No. 62.
RESOLUTION N0. 8017
RESOLUTION VOIDING MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT N0. 1069 PERTAINING TO MAINTENANCE OF STREET
LIGHTS ON TRUNK HIGHWAY 77 AT 63RD STREET
This resolution appears as Resolution No. 8017 in Resolution
Book No. 62.
C. APPROVED APPLICATION FOR LAWFUL GAMBLING LICENSE WITH FEE
WAIVER FOR CHURCH OF THE ASSUMPTION OF RICHFIELD C.L. 151
RESOLUTION NO. 8018
A RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF THE ASSUMPTION OF RICHFIELD TO
CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 8018 in Resolution
Book No. 62.
M/Sandahl, S/Rosenberg to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -3- May 24, 1993
Item #4 CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT TO
ALLOW MONTESSORI PRE-SCHOOL/DAYCARE CENTER AT 6345
XERXES AVENUE. C.L. N0. 152
City Manager Prosser reviewed Council Letter No. 152
regarding the request of Sena N. Dias Abeygunawardena and Lalitha
M. Abeygunawardena for a conditional use permit to operate a
Montessori preschool and daycare center in the United Methodist
Church of Peace building at 6345 Xerxes Avenue.
M/Sandahl, S/Susag to close the public hearina.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the granting of a
conditional use permit to Sena N. Dias Abeygunawardena and
Lalitha M Abeyaunawardena to operate a Montessori preschool and
daycare center in the .United Methodist Church of Peace building
at 6345 Xerxes Avenue.
Motion carried 5-0.
Item #5 PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR NICOLLET PARK CAPITAL
IMPROVEMENTS FROM SPECIAL REVENUE FUND. C.L. NO. 153
City Manager Prosser reviewed Council Letter No. 153
regarding a proposed transitory ordinance to authorize the
expenditure of 5500,000 from the Special Revenue Fund for the
Nicollet Park Redevelopment Project.
M/Sandahl, S/Susag to close the public hearina.
Motion carried 5-0.
M/Priebe, S/Sandahl that this constitute Second Reading of
Bill No. 1993-6, Transitory Ordinance 17.49, 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- May 24, 1993
Item #6 CONSIDERATION OF FIRST READING OF INTERIM ORDINANCE
PROVIDING FOR MORATORITJM ON ESTABLISHMENT OF NEW
PARKING AREAS IN FRONT, REAR AND SIDE YARDS FOR SINGLE
FAMILY AND TWO FAMILY DWELLINGS. C.L. NO. 154
City Manager Prosser reviewed Council Letter No. 154
regarding a proposed interim ordinance providing for a moratorium
on the establishment of new parking areas in front, rear, and
side yards for single family and two family dwellings. He then
reviewed the following proposed administrative standards for the
maximum driveway, parking area, and sidewalk coverage within the
front yard area:
Lot Width Maximum Coverage Within
the Front Yard Area
50 feet or less: 50g
51-60 feet: 48$
61-70 feet: 46$
'~1-80 feet a d4~s
over 80 feet: 42~
City Manager Prosser stated that these standards could be
utilized until the issue has been reviewed by the Planning
Commission for recommendation, and action taken by the City
Council.
Council Member Susag asked what the basis was for
establishing the suggested maximum coverage figures in the
administrative standards.
City Manager Prosser stated that they were based on
subjective analysis. He indicated most properties would be in
compliance with these standards and they were not more
restrictive than other cities.
Council discussion followed regarding the standards and
intent of the proposed ordinance. It was the consensus of the
Council .that rear and side yards should be deleted from the
moratorium resolution and interim ordinance. It was the
consensus that the focus of concern was the front yard area and
that the rear and side yard areas should be excluded unless
sufficient cause is later found to include them.
M/Sandahl, S/Priebe that this constitute the First Reading
of this transitory interim ordinance providing for a moratorium
on establishment of new parking areas in front yards for single
family and two family dwellings as amended; and that the Public
Y g
Motion carried 5-0.
Hearing and Second Reading of the ordinance be scheduled for the
June 28 1993 Cit Council Meetin .
Council Meeting Minutes -5- May 24, 1993
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 N0. 8019
RESOLUTION ESTABLISHING ADMINISTRATIVE STANDARDS
FOR NEW PARKING AREAS IN FRONT YARDS
FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS
AND PLACING A MORATORIUM ON THE- ESTABLISHMENT OF SUCH USES
Motion carried 5-0. This resolution appears as Resolution
No. 8019 in Resolution Book No. 62.
Item #7 CONSIDERATION OF PURCHASE IN EXCESS OF $5,000 FOR
CATERPILLAR 950F ARTICULATED 4WD LOADER THROUGH
HENNEPIN COUNTY CONTRACT N0. 2623A3 FOR TOTAL OF
$129,999.23. C.L. NO. 155
City Manager Prosser reviewed Council Letter No. 155
regarding the proposed purchase of a used Caterpillar 950F
articulated 4WD loader.
Council Member Priebe asked if there was a warranty
difference between the used loader and a new loader.
City Manager Prosser stated the same guaranteed maintenance
warranty and guaranteed five year buy back applied to both the
new and used machines.
M/Sandahl, S/Rosenberg to approve the purchase of a used
Caterpillar 950F Articulated 4WD loader through Hennepin County
Contract No 2623A3 for a total amount of 5129,999.23 including
tax.
Motion carried 5-0.
Item #8 CONSIDERATION OF REQUEST FOR DETERMINATION ON
APPROPRIATE ZONING CLASSIFICATION FOR RETAIL SALES OF
MOTORCYCLE ACCESSORIES, PARTS AND CLOTHING.
C.L. NO. 156
City Manager Prosser reviewed Council Letter No. 156
regarding a request by David Mahood that he be allowed to operate
a retail business selling motor accessories, parts and clothing
in a C-1 (neighborhood business) zoning district. He stated the
Community Development Director, based on an opinion of the City
Attorney, had determined that the use was not similar to uses in
a C-1 zone but rather the C-2 (general commercial) zone. As a
result, the request was denied. Mr. Mahood then requested that
the matter be referred to the City Council for classification.
Council Meeting Minutes -6- May 24, 1993
City Attorney Dean reviewed the legal opinion and analysis
of this issue (Agenda packet pages 8-4 thru 8-6) indicating that
the Council may use its independent judgement in determining
whether this is a C-1 use.
Council Member Sandahl stated that this proposed use does
not appear to be a neighborhood business but was more like a C-2
business.
Council Member Rosenberg stated that the bike shop and
antique/collectibles businesses that now exist adjacent to the
proposed location appear to fit the C-2 zoning category.
Therefore, she stated the C-2 precedent exists at this location
and this proposed business should be allowed to operate there.
Council Member Priebe stated that the bike shop had
initially begun as a small local repair shop. He stated that if
the Council at that time had anticipated the expansion and
changes in that business, it may have restricted its use.
Council Member Priebe stated he favored reserving this location
for a C-1 type of use.
Council Member Susag stated that the proposed business
should not be classified C-1 and he did not want to declare the
location a defacto C-2 district.
Mayor Kirsch stated that after reviewing the site and
information, it was his conclusion that the proposed business
should not be classified as C-1 and that the location should
remain C-1.
M/Sandahl, S/Priebe that the City Council determines that
the proposed use of the retail sale of motorcycle accessories and
clothing is not a permitted use in a C-1 zoning district.
Motion carried 4-1. (Rosenberg opposed)
City Manager Prosser offered. the assistance of City staff to
Mr. Mahood in finding an alternative site for this business in
the City.
Item #9 CONSIDERATION OF ACCEPTANCE OF BID MINUTES/TABULATION,
ALTERNATE BID ITEM AND AWARD CONTRACT, INCLUDING BASE
BID AND SELECTED ALTERNATE, FOR BUILDING CONSTRUCTION
AT NICOLLET PARK TO EBERT, INC. IN AMOUNT OF
$148,295.00 C.L. N0. 157
City Manager Prosser reviewed Council Letter No. 157
regarding the recommended award of contract for construction of
the Nicollet Park shelter building.
Council Member Susag asked if Ebert, Inc. had previously
worked in the City.
Council Meeting Minutes -7- May 24, 1993
Leisure Services Coordinator Blank stated that Ebert, Inc.
is currently constructing the pole building at Rich Acres Golf
Course.
M/Sandahl, S/Susag to accept the bid minutes and tabulation
for City Project 8890 Park Shelter Building Construction at
Nicollet Park, to accept the alternate bid item, and award the
contract including the base bid and selected alternate. to Ebert,.
Inc. in the amount of 5148,295.
Motion carried 5-0.
Item #10 CONSIDERATION OF ACCEPTANCE OF BID MINUTES/TABULATION
AND AWARD CONTRACT FOR SITE REDEVELOPMENT AT NICOLLET
PARK TO HOFFMAN-MCNAMARA IN AMOUNT OF $293,879.59.
C.L. N0. 158
City Manager Prosser reviewed Council Letter No. 158
regarding the recommended award of contract for construction of
the redevelopment site improvements at Nicollet Park.
M/Susag, S/Sandahl to accept the bid minutes and tabulation
for City Project 8890 Nicollet Park Site Improvements and award
a contract to Hoffman-McNamara in the amount of $293.879.59.
ADDroximately 520,000 of this amount will be charged to the storm
sewer utility and 5273 879.59 will be charged to the City Project
for the redevelopment of Nicollet Park.
Motion carried 5-0.
Item #11 AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following
airport related issues:
• NEW FORD TOWN/RICH ACRES ACQUISITION
Staff met with Jeff Hamiel of the MAC to discuss the City's
role in coordinating the relocation process. The MAC has
completed its response to the questions raised by the local
FAA office and has forwarded it to the regional FAA office.
• RUNWAY 4-22 EXTENSION DRAFT EIS
The new EIS is in the preliminary preparation stage.
Council Meeting Minutes -8- May 24, 1993
• DUAL TRACK TACK FORCE
Governor Carlson has appointed the Task Force Panel to
review the dual track planning process. The organizational
meeting is scheduled for May 26.
• PART 150 HOME INSULATION PROGRAM
Residents appear to be very satisfied with the results of
the program, despite the early construction delays. _
Council Member Priebe discussed an article from the St. Paul
Pioneer Press regarding reasons not to move the airport and what
is wrong with the dual track process.
Item #12 LEGISLATIVE REPORT
City Manager Prosser reviewed the status of the following
1993 legislation:
• MAC analysis of noise impact on schools was approved.
• An analysis of the feasibility of the mass transit options
for the I-35W corridor was approved.
• State Impact Aid to local communities did not pass.
• Representation for Richfield on the MAC did not pass.
City Manager Prosser indicated that during a special session
the Legislature will pass a tax bill that could potentially
affect the local LGA allotment.
Council Member Priebe asked if Mr. Prosser had information
regarding the impact of new legislation on the School District.
City Manager Prosser reviewed the potential negative impact
on the School District of legislation related to school bond
referendum levies.
Item #13 COUNCIL DISCUSSION ITEMS
Council Members Susag and Priebe discussed the comparison of
average yearly sewer charges between metropolitan cities which
showed Richfield at 582.00 compared to an average of 5138.00.
Council Member Susag stated that it is difficult to compare one
community to another, but that if the City is covering costs and
contingencies it is doing well.
1
i
Council Meeting Minutes -9- May 24, 1998
Council Member Priebe noted that Richfield's rate was low
compared to the average, but that the City has had large
percentage increases in sewer rates in recent years. He also
stated that the sewer fund cash balance had significantly
increased from $200,000 in 1986 to $2 milli on in 1992.
Item #14 CLAIMS AND PAYROLLS
M/Sandahl, S/Susag that the following claims and payrolls be
a~~roved•
RICHFIELD BANK & TRUST CO.
Checks 16767-16989; 39198-39436 $1,043,795.49
NORWEST BANK
Check 1178-1179 $ 20,500.00
FIRSTAR BANK
Checks 7428-7453 $1,228,771.11
Payroll 66976-67000; 67607-67917 $ 378,311.46
Motion carried 5-0.
1
ADJOURNMENT
The meeting was adjourned by unanimous consent ~t 7:55 p.m.
Date Approved:
6/14/93
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Martin J. h ayor
J Prosser
C ty Manager
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Thomas P. Ferber
City Clerk