08-26-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 26, 1996
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 Don Priebe.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Gretchen Blank, Leisure
Services Coordinator; Randy Hughes, Operations Coordinator; Jack
Erskine, Public Safety Director; William Fillmore, Liquor Operations
Director; and John Dean, City Attorney.
APPROVAL OF MINUTES
Council Member Susag directed the correction of the spelling on page 10, Item #14
of the August 12 minutes to show Ms. Lindstrom’s first name as Kris instead of Chris.
M/Susag, S/Sandahl to approve the minutes of the August 12, 1996 as amended.
Council Meeting Minutes-2-August 26, 1996
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Keith Skinner, 7217 Nicollet Avenue, representing the Interfaith Action Committee,
announced that the churches of Richfield will be conducting an outreach effort to visit
every home and apartment in the City on October 5-6 and October 12-13. He invited the
public to a follow up meeting and review of the outreach survey results to be held on
October 28 at Oak Grove Lutheran Church, 7045 Lyndale Avenue.
Council Member Susag requested that Mr. Skinner present a summary report to the
City Council at the November 12 City Council meeting.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Priebe to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A.APPROVED AWARD OF CONTRACT FOR REPLACEMENT PLAY EQUIPMENT
AT ROOSEVELT PARK TO ST. CROIX RECREATION CO., INC. IN AMOUNT
OF $57,916 C.L. 266
B.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER
FOR CHURCH OF ST. PETER, 6730 NICOLLET AVENUE, 1996 FALL
FESTIVAL ON OCTOBER 5 AND 6, 1996 C.L. 267
C.APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND FEE WAIVER
FOR RICHFIELD CATTAIL DAYS EVENTS ON SEPTEMBER 21 AND 22, 1996
C.L. 268
D.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSES:
WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 269
x
ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L. 270
x
ELAINE’S GROOMING, 7429 HUMBOLDT AVENUE C.L. 271
x
Council Meeting Minutes-3-August 26, 1996
E.APPROVED RENEWAL OF THE FOLLOWING RESIDENTIAL KENNEL
LICENSE:
6830 COLUMBUS AVENUE; THREE DOGS C.L. 272
x
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #4PUBLIC HEARING ON APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF DECISION MADE BY COMMUNITY DEVELOPMENT
DIRECTOR THAT USE OF BUILDING AT 6722 PENN AVENUE FOR
MOTORCYCLE REPAIR IS CHANGE IN USE FROM PREVIOUS USE FOR
SMALL ENGINE REPAIR. C.L. NO. 273
City Manager Prosser reviewed Council Letter No. 273 regarding the appeal by
Lance Gudmundson of Select Custom Cycle of the Community Development Director’s
decision that the motorcycle repair business at 6722 Penn Avenue is a change in use
from the previous small engine repair business.
Lance Gudmundson, 4737 Third Avenue, owner of Select Custom Cycle, stated
that he rented the building and operates a business selling motorcycle parts and
accessories with about 25% of the business being the repair of motorcycles. He stated
that his business was cleaner and safer than the small engine repair business which was
previously located in the building. He stated that he wanted to make two main points 1)
that a motorcycle is not a motor vehicle, and 2) that Select Custom Cycle is not a dealer.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
Council Member Sandahl stated that it appeared that this is a situation where the
ordinance doesn’t quite fit the issue and maybe the City needs to look at modifying the
ordinance.
City Manager Prosser stated the City has adopted the State Building Code which
classifies a motorcycle as a motor vehicle. He stated if the appeal is denied, the applicant
may apply for a conditional use permit where the Planning Commission would look at the
issues.
Discussion followed regarding the requirements for a motor vehicle dealer license
for motorcycle sales, the requirement for a conditional use permit to allow a motor vehicle
use in a C-2 zoning district, the 15 foot buffer yard issue, and the code requirements for a
sprinkler system for this occupancy classification.
Council Meeting Minutes-4-August 26, 1996
City Manager Prosser stated that the City Council had recently relaxed the
standards for mechanical garages adjacent to residential areas along with the buffer
requirements.
Steve O’Brien, attorney representing Select Custom Cycle, stated that Mr.
Gudmundson is not the owner of the building and does not have the money to install a
sprinkler system nor the landscape buffer.
City Attorney Dean stated that the issue before the Council tonight was a zoning
issue. He stated the sprinkler system was a building code issue.
Council Member Priebe asked Mr. Gudmundson if he had spoken to the owner of
the property about installing the sprinkler system.
Mr. Gudmundson stated that the owner, Kenny Youngberg, does not want to put
any more money into the building. He questioned the square footage threshold for a
sprinkler system because not all of the building was used for repair. Mr. Gudmundson
stated that a motorcycle is a recreational sport vehicle and should not be classified an
automobile vehicle.
City Attorney Dean stated that Minnesota State Statute Chapter 168 includes
motorcycles in the definition of a motor vehicle which is the definition used in the zoning
ordinance for classification.
Discussion followed regarding the sprinkler system requirement and the change of
use from small engine repair to motor vehicle as defined in statute.
Dr. David Hall, 6745 Penn Avenue, stated the owner should be responsible for the
improvements, not the renter.
M/Susag, S/Rosenberg to deny the appeal and affirm the Community Development
Director’s decision that the motorcycle repair business at 6722 Penn Avenue is a change
in use from the previous small engine repair business and direct the business owner to
proceed immediately with the conditional use permit process.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE VACATING PORTION OF WEST 77 STREET. C.L.NO. 274
cc
City Manager Prosser reviewed Council Letter No. 274 regarding the proposed
transitory ordinance vacating a portion of West 77 Street which is no longer needed for
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right-of-way.
M/Susag, S/Sandahl to close the public hearing.
Council Meeting Minutes-5-August 26, 1996
Motion carried 5-0.
M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1996-19,
Transitory Ordinance No. 17.69, vacating a portion of west 77-1/2 street; that it be
published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #6CONTINUATION OF PUBLIC HEARING TO CONSIDER SPECIALLY
ASSESSING 77TH STREET PROJECT AREA FOR CURRENT
MAINTENANCE SERVICES FOR PERIOD JANUARY 1 THROUGH
DECEMBER 31, 1997, CITY PROJECT 922, C.L. NO. 275
City Manager Prosser reviewed Council Letter No. 275 regarding the proposed
assessment of the 77th Street Project Area between I-35W and Cedar Avenue for
maintenance services for the period of January 1 through December 31, 1997; City
Project No. 922 and recommended continuation of the public hearing to the September
23, 1996 City Council meeting.
Mary Schwanke, Highland Management representing the New Orleans Court
Apartments, requested that the City Council consider assessing all City property owners
for these services because the project benefits the City as a whole. She stated the 77th
Street project made the apartments less desirable because they were separated from the
residential area and the adjacency of a high traffic roadway.
City Attorney Dean noted that this testimony should be carried forward to the
September 23 continued public hearing.
Council Member Susag suggested that the proposed resolution be amended to
include multi-family residential in the listed exceptions in the first paragraph of No. 1.
City Manager Prosser stated that the Council had previously directed that exclusion
but it had been inadvertently left out of the resolution.
M/Susag, S/Priebe to continue the public hearing regarding specially assessing the
77th Street Project Area for current maintenance services for the period of January 1
through December 31, 1997-City Project No. 922 to the September 23, 1996 City Council
meeting which will allow time to publish the legal notice in the official newspaper and meet
the required two week advance notice to the affected property owners.
Motion carried 5-0.
Council Meeting Minutes-6-August 26, 1996
Item #7PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING
LYNDALE/HUB/NICOLLET AREA FOR CURRENT MAINTENANCE
SERVICES FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1997,
PROPOSED CITY PROJECT 923. C.L. NO. 276
City Manager Prosser reviewed Council Letter No. 276 regarding the proposed
assessment of the LHN area for maintenance services for the period of January 1 through
December 31, 1997; City Project No. 276.
M/Sandahl, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Sandahl, 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 NO. 8375
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 1997 - CITY PROJECT NO. 923
Motion carried 5-0. This resolution appears as Resolution No. 8375 in Resolution
Book No. 66.
Item #8PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING CURRENT
MAINTENANCE SERVICES FOR CITY ALLEYS FOR PERIOD JANUARY 1
THROUGH DECEMBER 31, 1997, PROPOSED CITY PROJECT 924. C.L.
NO. 277
City Manager Prosser reviewed Council Letter No. 277 regarding the proposed
assessment for alley maintenance services for the period of January 1 through December
31, 1997; City Project No. 924.
Council Member Sandahl asked why there had been such a large difference in the
actual costs for 1994 and 1995.
City Manager Prosser stated that in order to have a more cost effective crack
sealing project, the crack sealing was all done in 1995 with the costs being spread over
the two years.
Council Member Rosenberg asked if there was a way to streamline the billing
process.
Council Meeting Minutes-7-August 26, 1996
City Attorney Dean stated that the assessment must follow the requirements of
Minnesota Statutes Chapter 429.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
M/Sandahl, 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 NO. 8376
RESOLUTION ORDERING THE UNDERTAKING OF
CURRENT SERVICES PROJECT FOR ALLEY MAINTENANCE
JANUARY 1, 1997 THROUGH DECEMBER 31, 1997
PROPOSED TO BE CITY PROJECT NO. 924
Motion carried 5-0. This resolution appears as Resolution No. 8376 in Resolution
Book No. 66.
Item #9CONTINUATION OF PUBLIC HEARING REGARDING ADOPTION OF THE
ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM
PRIVATE PROPERTY FOR PERIOD JANUARY 1 THROUGH DECEMBER
31, 1995. C.L. NO. 278
City Manager Prosser reviewed Council Letter No. 278 regarding adoption of the
assessment roll for removal of diseased trees from private property for the period of
January 1 through December 31, 1995 and recommended continuation of the public
hearing to the September 23, 1996 City Council meeting.
M/Susag, S/Sandahl to continue the public hearing regarding the assessment for
removal of diseased trees from private property for the period January 1, 1995 through
December 31, 1995 to the September 23, 1996 City Council meeting which will allow time
to publish the legal notice in the official newspaper and meet the required two week
advance notice to the affected property owners.
Motion carried 5-0.
Item #10PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY
PROJECT NO. 900, L/H/N MAINTENANCE FOR PERIOD JANUARY 1
THROUGH DECEMBER 31, 1995. C.L. NO. 279
Council Meeting Minutes-8-August 26, 1996
City Manager Prosser reviewed Council Letter No. 279 regarding adoption of the
assessment roll for LHN maintenance for the period of January 1 through December 31,
1995; City Project No. 900.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
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. 8377
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 900
L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1995
Motion carried 5-0. This resolution appears as Resolution No. 8377 in Resolution
Book No. 66.
Item #11PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY
PROJECT NO. 901, 77TH STREET MAINTENANCE FOR PERIOD
JANUARY 1 THROUGH DECEMBER 31, 1995. C.L. NO. 280
City Manager Prosser reviewed Council Letter No. 280 regarding adoption of the
assessment roll for 77th Street maintenance for the period January 1 through December
31, 1995, City Project No. 901.
Mary Schwanke, Highland Management, representing the New Orleans Court
Apartments stated that the new 77th Street had been detrimental to the residential
character of the apartments and therefore was opposed to the assessment.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 5-0.
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. 8378
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 901
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 1995
Council Meeting Minutes-9-August 26, 1996
Motion carried 5-0. This resolution appears as Resolution No. 8378 in Resolution
Book No. 66.
Item #12PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY
PROJECT NO. 902, 1995 ALLEY MAINTENANCE FOR PERIOD JANUARY
1 THROUGH DECEMBER 31, 1995. CL. NO. 281
City Manager Prosser reviewed Council Letter No. 281 regarding adoption of the
assessment roll for alley maintenance for the period of January 1 through December 31,
1995; City Project No. 902.
Kurt Buller, 7316 Fifth Avenue, stated concerns about the quality and frequency of
snowplowing services provided for his alley.
Operations Coordinator Hughes stated that he had discussed these issues with Mr.
Buller prior to the meeting and requested that he contact the City immediately if he has
any concerns this winter so that corrective action can occur.
M/Sandahl, S/Rosenberg to close the public hearing.
Motion carried 5-0.
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. 8379
RESOLUTION ADOPTING THE ASSESSMENT ON CITY PROJECT NO. 902, ALLEY
MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1995
Motion carried 5-0. This resolution appears as Resolution No. 8379 in Resolution
Book No. 66.
Item #13CONSIDERATION OF RESOLUTION ADOPTING PRIVATE ACTIVITY TAX
EXEMPT FINANCING GUIDELINES. C.L. NO. 282
City Manager Prosser reviewed Council Letter No. 282 regarding consideration of
the proposed adoption of Private Activity Tax Exempt Financing Guidelines.
M/Susagto table consideration of this item and to refer it to the HRA for review of
the guidelines and recommendation to the City Council.
Council Meeting Minutes-10-August 26, 1996
Council Member Susag stated that because the guidelines pertain to development,
the HRA should review the guidelines first.
City Attorney Dean indicated that it is expected that an applicant will soon be
making a request to the City Council regarding this issue and they may want to factor in
the fee, therefore timing may be a problem. He suggested that the Council could indicate
in their motion that they find the proposed fee schedule reasonable and appropriate so
that the applicant is aware of what the fee schedule is likely to be in place after the HRA
review and the Council takes action on the guidelines.
Council Member Susag amended his motion to include the suggestion of the City
Attorney.
M/Susag, S/Sandahl to refer the proposed Private Activity Tax Exempt Financing
Guidelines to the HRA for review and comment; with the understanding that the City
Council has reviewed the fee schedule contained in the proposed guidelines, and finds
the fee schedule to be reasonable and appropriate, and currently intends to adopt the
schedule following HRA review of the guidelines.
Motion carried 5-0.
Item #14CONSIDERATION OF CONDUCTING CITY COUNCIL STUDY SESSION
ON SEPTEMBER 3, 1996. C.L. NO. 283
City Manager Prosser reviewed Council Letter No. 283 regarding whether to cancel
or reschedule the regularly scheduled September 2 City Council Study Session meeting
due to the Labor day Holiday.
M/Sandahl, S/Rosenberg to cancel the regularly scheduled September 2, 1996 City
Council Study Session.
Motion carried 5-0.
Item #15AIRPORT STATUS REPORT
City Manager Prosser stated that the City is waiting for a response from the
Metropolitan Airports Commission regarding mitigation and noise impact issues raised by
the City related to Runway 4-22 and the proposed north-south runway.
Mayor Kirsch announced that the MSP Mitigation Committee will be conducting a
meeting on August 29 at 7:00 p.m. at the Thunderbird Motel to receive public comments
from residents regarding noise mitigation issues.
Council Meeting Minutes-11-August 26, 1996
Council Member Susag encouraged the public, especially those who have
concerns about airport noise, to provide their input at this meeting.
Item #16LEGISLATIVE REPORT
City Manager Prosser stated that staff is preparing a draft of 1997 legislative
initiatives for future discussion by the City Council.
Item #17COUNCIL DISCUSSION ITEMS
Council Member Priebe asked about the status of potential changes to 76th Street,
east of I-35W, indicating he had received several calls expressing concerns about
possible changes.
City Manager Prosser indicated one general meeting has been conducted with
residents to look at alternatives. He indicated that more meetings will occur and that a
Citizens Advisory Group is studying the issues. He stated that Citizens Advisory Group
will try to make a recommendation to the City Council regarding 76th Street east of I-35W
in approximately six months.
Council Member Sandahl reported a problem with the 77th Street irrigation system.
Operations Coordinator Hughes stated that he is aware of the problem which
appears to be a leaking valve. He stated that the system is still under warranty and the
contractor has been notified of the problem. He stated that he would again call the
contractor to expedite repair.
Council Member Sandahl asked why the municipal pool closes one week before
school resumes.
Leisure Services Coordinator Blank stated that the City has in the past stayed open
later but found that attendance has not been sufficient to justify the costs.
City Manager Prosser stated these pool attendance and cost figures will be
provided to the City Council.
Council Member Susag asked about the purpose and operation of two water spray
faucets at Veterans Memorial Park.
Council Meeting Minutes-12-August 26, 1996
Leisure Services Coordinator Blank indicated they were intended for a water play
area to make sand castles, etc. She stated they would be checked to assure they are
working correctly.
Council Member Susag suggested an additional City Council meeting to receive
citizen input on the proposed budget be scheduled for November 13 and that copies of
the budget be available for citizen review at the library and City Hall. It was the
consensus of the Council that staff be directed to schedule for the November 13 Special
City Council Meeting.
Council Member Susag reviewed photographs of a shopping area on Rice Street
which has similar architecture elements to the drawings presented by business owners on
the west side of Lyndale Avenue between 76th Street and 77th Street as a potential
design for remodeling their shopping area.
Council Member Susag invited public participation in the 3rd Annual Fowl Ball Golf
Classic and Picnic scheduled for September 21 at 3:00 p.m. at Rich Acres.
Item #18CLAIMS AND PAYROLL
M/Sandahl, S/Priebe that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21401-21462; 60694-60974$1,293,683.51
FIRSTAR BANK
Checks: 9074$300,000.00
Payroll: 96892-96925; 98145-98494$431,480.19
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:31 p.m.
Council Meeting Minutes-13-August 26, 1996
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager