03-11-96 Regularmoda CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 11, 1996
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
Mayor Kirsch led the audience in the Pledge of Allegiance.
Members Present Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; and Don
Priebe.
Members Not
Present. Michael Sandahl.
City Manager Prosser stated that Council Member Sandahl had informed him he
would be out of town on business and unable to attend this meeting.
M/Priebe, .• • •- - u t- tWe .• -i - of • • 11 -u•- r Sa-fdawl as at
Motion carried 4 -0.
Staff Present: James Prosser, City Manager; Bruce Palmborg, Community
Development Director; Mike Eastling, City Engineer; Gretchen
Blank, Leisure Services Coordinator; Jack Erskine, Public Safety
Director; Thomas Ferber, City Clerk; William Fillmore, Liquor
Operations Director; Randy Hughes, Operations Coordinator; Chris
Regis, Finance Manager; Sally Morton, Data Processing Manager;
and Corrine Thomson, Assistant City Attorney.
Council Meeting Minutes -2- March 11, 1996
M /Rosenberg, S /Susag t"pnroye the minutPC ofjbp—Reaular rite Cal ncil MPPtinn
of Februa 26. 1996: and the minutes of the Reaular City Council Study Session of March
4
Item #1 t7PRt� T 1�1�T3F`� ik"IVERSON�SIGADDIR�. :Ti�i :� #W fat ..o V�1� X.
Senator Jean Wagenius, District 63A Minneapolis, appeared on behalf of Senator
Jane Ranum, District 63B, and distributed documents regarding concerns about the
Metropolitan Airports Commission (MAC) operations projections for airport demand 1996-
2020. She stated the major issues of concern included:
MAC projections appear to be inadequate and flawed.
Pilot testimony raised safety concerns about operational changes at MSP.
Northwest Airlines hubbing statistics running ahead of projections.
Metropolitan Council population projections show a 9.6% upward revision. Two
of the three principal variables in MAC's forecasting are driven by population.
• Senator Jane Ranum had raised questions regarding data, projections,
implications, rush to judgment, economy, and the future of Minnesota.
• Speculation that NWA is being prepared for sale.
Council Member Susag stated the City opposes the north /south runway because of
potential noise impact on Richfield, but supports a third parallel runway.
Senator Wagenius indicated the north /south runway would not decrease noise, just
increase capacity. She stated a third parallel runway would create a safety problem. She
suggested going forward with the Dual Track process to allow time for further analysis.
City Manager Prosser stated a meeting is scheduled regarding the Dual Track
recommendation before the Metropolitan Council on Thursday, March 14 at 3 p.m. He
indicated Mayor Kirsch and Council Member Susag will attend. He stated the State
Senate has tentatively scheduled a meeting on this issue for Friday, March 15 at 1 p.m. at
the State Capitol.
L APROVALi. F".::=
Council Meeting Minutes -3- March 11, 1996
Larry Wozniczka, 6744 Wentworth Avenue, requested that Consent Calendar Items
#3A., 3B., and 3C. be placed on the regular agenda for further discussion.
.T•
Mayor Kirsch stated that Items 3A., 3B., and 3C. would be removed from the
consent calendar and placed on the regular agenda as Items 1 1A., 11 B., and 11 C.
A. Removed from the consent calendar and placed on the regular agenda for
consideration as Item 1 IA.
B. Removed from the consent calendar and placed on the regular agenda for
consideration as Item 11 B.
C. Removed from the consent calendar and placed on the regular agenda for
consideration as Item 1 1C.
D. APPROVED HIRING BRW, INC. AS CONSULTANT TO PERFORM STUDY TO
DOWNSIZE 76TH STREET EAST OF I -35W. C.L. 67
E. APPROVED REJECTION OF BIDS FOR NEW BRUSH CHIPPER. C.L. 68
F. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PERSONAL COMPUTER
EQUIPMENT FOR FINANCE DIVISION FROM UNIQUE SOFTWARE IN
AMOUNT OF $11,736.30. C.L. 69
G, APPROVED PURCHASE IN EXCESS OF $5,000 TO PRINT 1996 SUMMER
LEISURE SERVICES BROCHURE USING RECYCLED PAPER FROM
NYSTROM PUBLISHING COMPANY, INC. IN AMOUNT OF $5,264. C.L. 7C
H. APPROVED 1996 GARBAGE HAULER LICENSE RENEWAL FOR
GALLAGHER'S SERVICE, 1 VEHICLE.
M /Susag, S /Priebe to approve the consent calendar.
Council Meeting Minutes -4- March 11, 1996
City Manager Prosser reviewed Council Letter No. 71 regarding a proposed
ordinance amendment which would give the City Manager the authority to make changes
in the duties of Department Directors without the requirement of amending the ordinance
to the Richfield City Code relating to duties of Department Directors.
Larry Wozniczka, 6744 Wentworth Avenue, stated he felt that the proposed
amendment is contradictory or in violation of City Charter Section 6.03 which states "The
Council may create such departments, divisions and bureaus for the administration of the
City's affairs as it may deem necessary, and from time to time alter their powers and
organization. It shall, together with the City Manager, prepare and enact a complete
administrative code in the form of an ordinance, which may be amended from time to time
by ordinance. The Council may by ordinance abolish offices which have been created by
ordinance, and it may combine the duties of various offices as it may see fit."
Assistant City Attorney Thomson stated that the City Attorney's office had reviewed
this ordinance amendment and found that it would not conflict with the City Charter and is
within the Council's discretion.
Larry Wozniczka, 6744 Wentworth Avenue, 6744 Wentworth Avenue, questioned
how the administrative code would be presented to the public if this amendment was
adopted.
M /Susag, S /Priebe to close the public hearing.
Council Member Susag asked the City Attorney for an opinion on whether this
proposed ordinance amendment is in conformance with the City Charter.
Assistant City Attorney Thomson stated that in the view of the City Attorney's office
it is not in violation of the City Charter. She stated that this bill is an ordinance
amendment to the administrative code, therefore the public would be aware that the
Department Director's detailed job descriptions would be on file and available to the
public. She stated the job descriptions are referenced in the code.
Council Member Priebe stated this ordinance amendment was in conformance with
the City Charter which gives the City Council authority to pass ordinances to describe
functions of departments. He indicated it is the Council's discretion concerning the details
of the City Manager's responsibility and that this ordinance amendment gives a general
policy guideline appropriate to the City Charter. He stated the duties of the City Manager
are to organize functions of the City with the City Council providing the broad policy
guidelines.
Council Meeting Minutes -5- March 11, 1996
Council Member Susag stated he had suggested simplification of the City Code.
He requested the City Manager to provide the Council with job descriptions of Department
Directors.
City Manager Prosser stated these job descriptions would be provided to the City
Council yearly since they are updated on a yearly basis.
Mr. Wozniczka suggested that the City Manager should submit changes in
Department Director duties as an ordinance amendment citing City Charter Section 6.02
Sub. 8 "The City Manager shall prepare and submit to the Council for adoption an
administrative code incorporating the details of administrative procedure, and from time to
time shall suggest amendments to such code."
.. ' • - • - • I��il • 1 - Y�•TiT•�CZxT: I • • � :71�,,�NNl�
-11-1! It • •1 11 1 11 1 11 1• 11 11 .I! 11 • I-
Iu 1 1 1 . 6111981
Item #5
City Manager Prosser reviewed Council Letter No. 72 regarding a proposed
transitory ordinance to provide funding from the Special Revenue Fund for the following
capital improvements:
Veterans Memorial Park
Playfeature Improvements
Donaldson Park Improvements
100 car parking lot $110,000
Lincoln Field $220,000
Garfield Park
Roosevelt Park
Augsburg Park
Christian Park
M /Susag, S /Priebe to close the public hearii.
$ 65,000
-1 •► 1 1.1 - \1 • • 1! • I- -.• -I• - • 11•I- •11 I- �"
�- - 1 • -I. I -• 11• • "EN!"i'llpF w 0 " • .a il. 1 1" •1
Council Meeting Minutes -6- March 11, 1996
.' . 1. LLOCATIO
l!i
Item
0 X. `'�....
1! �ttt! ..................................................................:.........:::...:::.:.:::::::::::.::::.:: ::::::::: : ::::::::::::.:.:::::.
City Manager Prosser reviewed Council Letter No. 73 recommending the
amendment of allocation of the 1995 General Fund budget by a transfer of appropriations
from the General Government (Legislative /Executive) Department and the Administrative
Services Department to the Public Safety Department.
Council Member Susag asked if the increased wage costs were factored into 1996.
City Manager Prosser responded the increased wage costs depend largely on
recent labor agreements.
Council Member Susag requested this information be given to the Council as soon
as it becomes available.
Council Member Priebe asked if this information was available in December when
the Revised 1995 Budget was approved.
City Manager Prosser stated it was known that there was some increase but it was
dependent upon other costs to the Public Safety Department.
M /Susag, S /Priebe that the following resolution be adopted. that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION AUTHORIZING REVISION OF 1995
BUDGETS OF VARIOUS DEPARTMENTS
Motion carried 4 -Q. This resolution appears as Resolution No. 8331 in Resolution
Book No. 66.
Item #7
Council Meeting Minutes -7- March 11, 1996
City Manager Prosser reviewed Council Letter No. 74 regarding an ordinance
amendment to eliminate the provision that prohibits service stations and auto - mechanical
garages from locating next to residential (R or R -1) districts and replace it with a buffer
yard requirement.
Dan Linnihan, Planning Commission Chair, stated the Planning Commission felt the
current ordinance was too restrictive for existing businesses.
Council Member Susag asked how many businesses were impacted by this
ordinance.
Mr. Linnihan responded that there are currently 13 auto - related business within
Richfield.
Council Member Priebe asked Mr. Linnihan if residents adjacent to such
businesses were contacted.
Mr. Linnihan responded the Planning Commission had not contacted those
residents,
Council Member Rosenberg stated that all residents adjacent to the 13 auto - related
businesses should be contacted before the public hearing.
Council Member Susag requested that information regarding the public hearing to
be mailed to the 13 auto - related businesses as well as the residents abutting the
businesses.
IM/Susag, S /Rosenberg that this constitute the First Reading of this ordinance
amendment to Section 536 of Appendix R. and that the Public Hearin and Second
Reading of the ordinance be scheduled for the April 8. 1996 City Council meeting.
City Manager Prosser reviewed Council Letter No. 75 regarding consideration of a
planned unit development (PUD) plan and first reading of an ordinance amendment
rezoning land at 1 -35W and 1 -494 from C -3 (high density commercial) and R (single family
residential) to PC -2 (planned general commercial) for the TOLD development proposal.
Council Meeting Minutes -8- March 11, 1996
He stated the recommended date for the public hearing and second reading has been
changed to April 22, 1996 to allow the developer to be present.
Ralph Robinson, TOLD Development Company, reviewed the aerial depiction of
Meridian Crossings, the two - phased office development project proposed. He reviewed
the status of marketing efforts to obtain tenants.
Council Member Rosenberg stated there was a concern of the adjacent church
regarding lights from the parking ramp.
Mr. Robinson responded they reviewed this concern with the church
representatives this evening and an agreement was reached regarding the lighting issue.
Council Member Priebe asked if TOLD Development Company had a development
agreement with the HRA.
Mr. Robinson responded that there was a development agreement with the HRA.
City Manager Prosser stated that there was a sales agreement with the HRA, but
some issues were still open regarding the development. He indicated the HRA had
directed staff to meet with TOLD regarding these issues to finalize the agreement.
Motion carried 3 -1. (Priebe opposed)
Item #9
City Manager Prosser reviewed Council Letter No. 76 regarding an ordinance
amendment to Section 1200.33 regarding the licensing of liquor establishment employees.
He stated Richfield's current fee is $21 per year compared to $1 0-1 5 for a two year period
for other surrounding communities. He stated the ordinance amendment proposes that
Richfield's fee remain at $21, but that the length of the license be extended to cover a two
year period.
Council Member Susag stated he requested the City review the City Code to
simplify whenever needed.
.. -. - •- • l- •� �- C -.. 0. • •
-ll "1111 "i • - •l �� -!- ! 1! •- - ! • ! • - -� 111 "1 "Il! • -"
Council Meeting Minutes -9- March 11, 1996
Mt-
April : ••• City Council meeting.
Motion carried 4• Q,
Item #10
City Manager Prosser reviewed Council Letter No. 74 regarding continuation of a
request for renewal of car wash license for Tip Top Car Wash, 6601 Bloomington Avenue,
from the February 12, 1996 City Council meeting. He stated additional time was
necessary to schedule a date for mediation to occur.
M /Rosenberg, S /Susag to approve the continuation of the request of David S.
Colehour for renewal of a car wash license for the Tip Top Car Wash. 6601 Bloomington
AvPniiP to the April 8.1996 Council meeting.
Item #11
City Manager Prosser reviewed Council Letter No. 78 regarding consideration of an
application for a new commercial kennel license to operate a grooming clinic for Petsmart,
Inc., 1100 West 78th Street.
Peter Beck, Doherty, Rumble & Butler, 150 South Fifth Street, representing
Petsmart, reviewed the Petsmart concept and proposed pet grooming services and
policies. He reviewed the layout drawing of Petsmart showing the pet grooming and retail
store with separate entrances.
Council Member Priebe asked if the Pet Food Warehouse located at Market Plaza
has separate entrances for pet grooming and the retail store.
Mr. Beck responded there are separate entrances at Pet Food Warehouse for pet
grooming and the retail store.
Council Member Susag asked if there were any complaints resulting from the
operation of other pet grooming establishments in the City.
Council Meeting Minutes -lo- March 11, 1996
Public Safety Director Erskine responded they have had no difficulties with any pet
grooming establishments in the City.
••l la purposes only • Petsmart. i nr. 1100 \A /P --
Motion carried 3 -1. (Rosenberg opposed)
Item #11 A
City Manager Prosser reviewed Council Letter No. 64 regarding consideration of a
Council Meeting Minutes -11- March 11, 1996
Item #1 1 B
City Manager Prosser reviewed Council Letter No. 65 regarding consideration of a
construction engineering agreement with BRW, Inc. for supervising inspection of the
Phase II landscape contract of the 77th Street Project.
City Engineer Eastling reviewed the services to be provided by BRW on this project
involving supervision of the Phase II 77th Street Project and Humboldt Avenue storm
sewer landscaping work.
Larry Wozniczka, 6744 Wentworth Avenue, asked if there were incentives being
used so that the contractor will finish this project promptly.
City Engineer Eastling stated that there is a completion date in the construction
contract and that the City also has a penalty clause regarding completion timing.
M /Susag, S /Priebe that the following resolution be adopted. that it be spread in the
resolution hnnk and that it hp made hart of thPSP minutes:
RES01 UTION NO. 8333
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BRW, INC. FOR
CONSTRUCTION ENGINEERING FOR LANDSCAPING IN PHASE II OF THE 77TH
STREET PROJECT IN THE CITY OF RICHFIELD
Motion carried 4 -Q. This resolution appears as Resolution No. 8333 in Resolution
Book No. 66.
Item #11 C
City Manager Prosser reviewed Council Letter No. 66 regarding approval of hiring
an engineering consultant to design the 76th Street West of 1 -35W Project. He
summarized the scope of services as follows:
Limiting reconstruction to the segment between Sheridan Avenue and Xerxes
Avenue;
Council Meeting Minutes -12-
March 11, 1996
Replacing the south side sidewalk between Newton Avenue and the 1 -35W
bridge as part of the 1 -494 Integrated Corridor Traffic Management Project in
1996;
Placing private utilities underground only if financially feasible;
Considering a traffic signal at Sheridan Avenue and 76th Street; and,
Eliminating two bus turnouts from the design.
Larry Wozniczka, 6744 Wentworth Avenue, indicated concern about informing
residents about this project because it is so important to the area and would be passed
over on the consent calendar.
Council Member Rosenberg stressed the importance of public involvement in the
design process. She stated many of the residents near this project are requesting a traffic
light at 76th and Vincent and are concerned about the loss of a sidewalk on the south
side.
City Engineer Eastling stated that the City will be discussing these issues with the
neighbors. He stated neighborhood meetings will be scheduled to discuss the design
details and traffic light issues with the residents.
Inc. ,qnri authorize thp NAqVnr qnd City Manager tn Sign @n annnamant wfth WSB & Associatia,.
• perform the work
1�.
' [ ...
Item #12 0Ft`:
City Manager Prosser discussed and reviewed the status of airport related issues
including the following:
• The City is on record in opposition to the north /south runway. The Dual Track
Draft Environmental Impact Statement (DEIS) is inadequate in addressing
concerns about the impact on Richfield.
• The City opposes final action regarding the Dual Track until the final EIS has
been prepared and issued. Residents are encouraged to contact the
Metropolitan Council, the MAC, and their state legislators about these issues.
• There is no adequate noise mitigation plan in the DEIS.
• Other agencies have expressed similar concerns about the lack of adequacy
and detail in the DEIS.
• The Environmental Quality Board (EQB) will review the final EIS and not issue
comments on the DEIS.
Council Meeting Minutes -13- March 11, 1996
There is some question whether the Dual Track process has met state and
federal requirements for an EIS.
Larry Wozniczka, 6744 Wentworth Avenue, stated he thinks the City should
recommend a second airport if the north parallel is the only way the airport can expand
and that such airport expansion could devastate Richfield and south Minneapolis. He
suggested a second airport if there needs to be expansion of the airport. He discussed
cooperation with the City of Minneapolis on this issue.
Council Member Rosenberg discussed the need for cooperation with Minneapolis.
Council Member Priebe stated south Minneapolis had supported the north /south
runway, however, airport experts prefer the third parallel since the north /south runway is
essentially a one way runway. He stated only one thing is for sure: operation forecasts
and projections usually are inaccurate. Mr. Priebe indicated hubbing currently accounts
for much of the traffic at MSP, therefore the airlines would be the main beneficiary of a
new airport.
Mr. Wozniczka stated concern that if a third parallel were suggested that it may
then be proposed that it be constructed by canting the north /south runway, thus taking a
part of Richfield.
Council Member Susag stated he would oppose any effort by the City Council to
support construction of a remote airport.
Item #13 LGISL:<Iw1
1l:
City Manager Prosser reviewed the status of the following legislative issues:
• Airport noise mitigation legislation will extend for one year the requirement that
the MAC allocate a portion of their capital improvement budget to off site sound
mitigation programs.
• Airport Community Protection Concepts legislation to provide tools for
redevelopment and modification of the "This Old House" qualifications.
• "This Old House" proposed legislation has been replaced by another bill not as
beneficial to Richfield.
• The legislation to authorize the consolidation of the Richfield Fire Relief
Association with PERA will be resubmitted next session due to a drafting error.
Item #14 CO UMVCII ISGUSSION ITEMS
Council Meeting Minutes -14- March 11, 1996
Council Member Priebe discussed a letter from Dupont Avenue residents regarding
their concerns about the discontinuance of certain bus routes.
City Manager Prosser stated that the Mayor and City Council had sent a letter to
Metropolitan Council Chair Curt Johnson regarding concerns about this issue, He stated
Mayor Kirsch would represent the City on this issue at next Monday's Metropolitan Council
meeting. He encouraged residents to attend the meetings on this issue.
Council Member Priebe stated concerns about the readability of the new name
plates.
City Manager Prosser stated that adjustments would be made to solve this
problem.
Council Member Rosenberg commended the Community Center for their
newsletter.
Council Member Susag encouraged residents to submit nominations to the Human
Rights Commission for the Gene & Mary Jacobsen Citizen of the Year Award.
Mayor Kirsch reminded residents to look for information on the Comprehensive
Plan in the Your City newsletter and at future neighborhood meetings.
5 : INI A ld SAY
Item #1 L : :;; >:.: :.; :.::.;:.::.;:.;:.;:.;:.;:.;;:.:
RICHFIELD
BANK & TRUST CO.
20768- 20826; 57331 -57603
$
1,207,209.44
Checks:
FIRSTAR
BANK
8967 -8977
$
212,897.81
Checks:
Payroll:
92734 - 93544; 94082 -94335
$
388,846.02
The meeting was adjourned by unanimous consent at 9:10 p.m.
Council Meeting Minutes -15- March 11. 1996
Date Approved:
Thomas P. Ferber
City Clerk
Martin J. Kirsch
James D. Prosser
City Manager
Mayor