09-09-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 9, 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; Russ Susag; and Don
Priebe.
Members Not
Present:Susan Rosenberg.
Acting City Manager Devich stated that Council Member Rosenberg had informed
the City Manager that due to another commitment she would not be present at the start of
this meeting but would arrive later.
Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Mike Eastling,
City Engineer; Gretchen Blank, Leisure Services Coordinator; Jack
Erskine, Public Safety Director; William Fillmore, Liquor Operations
Director; Randy Hughes, Operations Coordinator; Gretchen Blank,
Leisure Services Coordinator; Chris Regis, Finance Manager; and
John Dean, City Attorney.
Council Meeting Minutes-2-September 9, 1996
APPROVAL OF MINUTES
Council Member Susag requested a spelling correction on page one of the August
26, 1996 Regular City Council meeting minutes.
M/Sandahl, S/Priebe to approve the minutes of the Regular City Council Meeting of
August 26, 1996 as amended; the minutes of the Special City Council Budget Meeting of
August 28, 1996; and the minutes of the Special City Council Budget Meeting of
September 4, 1996.
Motion carried 4-0.
Item #1OPPORTUNITY 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 4-0.
Item #3 CONSENT CALENDAR
A.APPROVED RESOLUTION CERTIFYING DELINQUENT SEWER AND WATER
UTILITY ACCOUNTS TO COUNTY AUDITOR C.L. 286
RESOLUTION NO. 8380
RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH
OTHER TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 8380 in Resolution Book No. 66.
Council Meeting Minutes-3-September 9, 1996
B.APPROVED RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED
DESTRUCTION C.L. 287
RESOLUTION NO. 8381
RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR WEED DESTRUCTION
This resolution appears as Resolution No. 8381 in Resolution Book No. 66.
C.APPROVED RESOLUTION APPROVING NEW LAWFUL GAMBLING LICENSE
WITH INVESTIGATION FEE WAIVER FOR RICHFIELD HOCKEY
ASSOCIATION THROUGH LARIAT LANES, 6320 PENN AVENUE C.L. 288
RESOLUTION NO. 8382
RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD HOCKEY
ASSOCIATION TO HAVE A LAWFUL GAMBLING LICENSE AT LARIAT LANES
LOCATED AT 6320 PENN AVENUE
This resolution appears as Resolution No. 8382 in Resolution Book No. 66.
D.APPROVED RESOLUTION APPROVING NEW LAWFUL GAMBLING LICENSE
WITH INVESTIGATION FEE WAIVER FOR RICHFIELD HOCKEY
ASSOCIATION THROUGH FRENCHMAN’S, 1400 EAST 66TH STREET C.L.
289
RESOLUTION NO. 8383
RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD HOCKEY
ASSOCIATION TO HAVE A LAWFUL GAMBLING LICENSE AT FRENCHMAN’S
LOCATED AT 1400 EAST 66TH STREET
This resolution appears as Resolution No. 8383 in Resolution Book No. 66.
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 3-1. (Kirsch opposed)
Item #4PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING LAND AT 7645 NICOLLET AVENUE FROM
NEIGHBORHOOD COMMERCIAL TO TWO FAMILY RESIDENTIAL.
C.L. NO. 290
Acting City Manager Devich reviewed Council Letter No. 290 regarding a proposed
ordinance amendment rezoning the land at 7645 Nicollet Avenue from C-1 (neighborhood
commercial) to MR-1 (two family residential).
Council Meeting Minutes-4-September 9, 1996
Richard Whitmer, 7627 Blaisdell Avenue, stated concerns that the lot may be too
small for a duplex, that access onto Nicollet Avenue is difficult because of traffic, and
stated a preference for a single family home on the property.
Community Development Director Palmborg stated that because the site is more
than 10,000 square feet with the screenwall on the south side, adjoining residential
property, and facing Nicollet Avenue, it is an appropriate site for a duplex. He stated no
design has been submitted yet but that the access and orientation would need to be such
that the property is marketable. He stated staff would contact the neighbors to discuss
any proposed project on the site.
Council Member Priebe asked if there had been any effort to market the property
for commercial use stating concern that the rezoning would result in the loss of
commercial tax base.
Community Development Director Palmborg indicated that no effort had been made
to market the property for commercial use because the analysis of the size of the lot,
adjacency to residential property, the screenwall, and the new 77th Street which
separates the residential area to the north from the commercial area, led staff to conclude
the property would be best zoned for as a MR-1.
Council Member Priebe stated he would like to see staff try to market the property
for commercial use to see if there is the possibility for it to remain as commercial.
Council Member Sandahl stated that the City did want to increase the commercial
tax base, but disagreed that this property should remain commercial since 77th Street was
meant to separate the residential areas from commercial uses.
Mayor Kirsch stated that at the time the building was a video store the neighbors
expressed a desire that it become residential property.
Council Member Susag stated that he was pleased to see this property changed to
MR-1.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Susag that this constitute Second Reading of ordinance amendment
rezoning land at 7645 Nicollet Avenue from C-1 (neighborhood commercial) to MR-1 (two
family residential), that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 3-1. (Priebe opposed)
City Attorney Dean stated that rezoning requires four affirmative votes to pass,
therefore the rezoning was not approved. He suggested the City Council may wish to
move to reconsider the issue, reopen the public hearing, request staff to analyze
Council Meeting Minutes-5-September 9, 1996
marketing the property for commercial use, and table the issue to a date certain for
consideration.
M/Susag, S/Sandahl to reconsider the City Council’s previous action on the
proposed ordinance amendment rezoning the land at 7645 Nicollet Avenue from C-1
(neighborhood commercial) to MR-1 (two family residential).
Motion carried 4-0.
Council Member Priebe stated he did not object to this property being rezoned to
residential but wanted first to find out if it can be marketed for commercial use.
M/Sandahl, S/Susag to reopen the public hearing regarding the proposed
ordinance amendment rezoning the land at 7645 Nicollet Avenue from C-1 (neighborhood
commercial) to MR-1 (two family residential).
Motion carried 4-0.
M/Sandahl, S/Susag to table consideration of the proposed ordinance amendment
rezoning the land at 7645 Nicollet Avenue from C-1 (neighborhood commercial) to MR-1
(two family residential) to the October 14, 1996 City Council meeting and to direct staff to
contact commercial developers to determine the feasibility and marketability of
commercial use for this property.
Motion carried 4-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
SECTION 1305.11 AND 1305.13 REGARDING SNOW EMERGENCIES AND
TOWING VEHICLES UNDER CERTAIN CIRCUMSTANCES. C.L. NO. 291
Acting City Manager Devich reviewed Council Letter No. 291 regarding a proposed
ordinance amendment relating to snow emergencies and towing of vehicles which would
do the following:
x
Provide clarity of when a police officer can have a vehicle towed without waiting 48
hours.
x
Define snow emergency restrictions to include two or more inches of snowfall
and/or a declaration of an emergency by the City Manager or designee.
x
Add public parking lots to the ordinance.
Council Member Susag asked if the change to a lesser amount of snow to declare
a snow emergency would require more equipment or staff.
Council Meeting Minutes-6-September 9, 1996
Operations Coordinator Hughes stated that there would not be any substantial
difference because the City already plows two inch snowfalls. He stated the amendment
would provide for removal of cars from the street earlier which would be very beneficial to
plowing operations.
Council Member Susag asked questions about the timing of the declaration of a
snow emergency and notification of a snow emergency.
Operations Coordinator Hughes discussed how they try to provide several hours
notice and time the plowing to provide adequate time for residents to be aware of the
snow emergency and move their vehicles.
Council Member Susag suggested that publicity explaining these new ordinance
provisions be placed in the Your City newsletter and the Sun-Current to make residents
aware of the snow emergency procedures.
Public Safety Director Erskine explained that the intent was to have residents
become aware that a two inch snowfall will mean a snow emergency, indicating that this
will require publicity over time.
Mayor Kirsch stated that this amendment should help City crews to plow in a
quicker and more efficient manner.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
M/Susag, S/Sandahl that this constitute Second Reading of Bill No. 1996-20
amendment to Section 1305 “Parking and Traffic”, that it be published in the official
newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #6CONSIDERATION OF 1996 REVISED/1997 PROPOSED BUDGET
RESOLUTIONS ADOPTING 1997 PRELIMINARY PROPERTY TAX LEVY,
TRUTH IN TAXATION HEARING DATES AND CANCELING 1997 AD
VALOREM LEVY FOR CURRENT SPECIAL ASSESSMENT BONDS.
C.L.NO. 292
Acting City Manager Devich reviewed Council Letter No. 292 regarding
consideration of 1996 Revised/1997 Proposed budget resolutions adopting 1997
preliminary property tax levy, Truth in Taxation hearing dates and canceling 1997 ad
valorem levy for current special assessment bonds.
Council Meeting Minutes-7-September 9, 1996
Council Member Susag invited residents to a Special City Council Meeting on
November 13, 1996 at 7:00 p.m. for the purpose of the receiving comments from the
public on the 1997 budget and tax levy. He stated that a copy of budget would be
available at the Augsburg Park Library, in addition to City Hall.
Council Member Sandahl suggested residents who had questions or comments on
the budget may also contact the City Council or staff at anytime.
M/Sandahl, S/Susag that the following resolutions be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8384
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 1997
RESOLUTION NO. 8385
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON THE IMPROVEMENT BONDS OF 1980
RESOLUTION NO. 8386
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON IMPROVEMENT BONDS OF 1983
Motion carried 4-0. These resolutions appear as Resolution No.’s 8384, 8385, and
8386 in Resolution Book No. 66.
Item #7CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
CITY CODE, SECTION 426, AND ZONING ORDINANCE ON COMMERCIAL
WIRELESS TELECOMMUNICATION SERVICES TOWERS AND
ANTENNAS AND SECTION 425 ON ACCESSORY TOWERS AND
ANTENNAS. C.L. NO. 293
Acting City Manager Devich reviewed Council Letter No. 293 regarding a proposed
ordinance amendment relating to commercial wireless telecommunication services towers
and antennas and accessory towers and antennas. He stated that the ordinance
addresses the following major issues:
x
Location
x
Encouraging the use of existing towers and buildings when possible
x
Setback from residential structures
x
Performance standards, including height, screening, lighting, design and color
x
Collocation of at least two users on a tower
Council Meeting Minutes-8-September 9, 1996
x
Standards for accessory buildings and equipment
x
Abandonment provision
x
Health standards
x
Non-interference with Public Safety communications
x
Structural issues and permit requirements
M/Sandahl, S/Priebe that this constitute the First Reading of this ordinance
amendment to Section 426 and the Zoning Ordinance on commercial wireless
telecommunication services towers and antennas and Section 425 on accessory towers
and antennas; and that the Public Hearing and Second Reading of the ordinance be
scheduled for the September 23, 1996 City Council meeting.
Motion carried 4-0.
Item #8CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
ZONING ORDINANCE REGARDING CLUSTER HOUSING
DEVELOPMENT. C.L. NO. 294
Acting City Manager Devich reviewed Council Letter No. 294 regarding a proposed
ordinance amendment to the zoning ordinance related to cluster housing developments
which would permit small, single family-like projects in various residential zoning districts
in the City as conditional uses.
M/Sandahl, S/Susag that this constitute the First Reading of this zoning ordinance
amendment regarding cluster housing development, and that the Public Hearing and
Second Reading of the ordinance be scheduled for the October 14, 1996 City Council
meeting.
Motion carried 4-0.
Item #9AIRPORT STATUS REPORT
No report.
Item #10LEGISLATIVE REPORT
No report.
Council Meeting Minutes-9-September 9, 1996
Item #11COUNCIL DISCUSSION ITEMS
Mayor Kirsch reminded residents that September 10 is Primary Election day in
Minnesota and that the polling locations would be open for voting from 7 a.m. - 8 p.m.
Council Member Susag invited the public to the Cattail Days Festival which will be
held at Veterans Memorial Park on September 21-22 and 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 #12CLAIMS AND PAYROLL
M/Sandahl, S/Priebe that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21463-21613; 60980-61229$1,715,255.80
NORWEST BANK
Checks: 1249$68,000.00
FIRSTAR BANK
Checks: 9075-9096$830,873.10
Payroll: 96926-96960; 98500-98829$420,031.41
Motion carried 4-0.
Item #13DETERMINATION REGARDING ABSENCE OF COUNCIL MEMBER
ROSENBERG
Council Member Rosenberg had not yet arrived at the meeting at this time,
therefore the City Council considered the determination of whether the absence was
excusable or unexcusable.
M/Sandahl, S/Priebe to determine the absence of Council Member Rosenberg as
excusable.
Motion carried 4-0.
Council Meeting Minutes-10-September 9, 1996
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:53 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager