09-23-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 23, 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.
Mayor Kirsch requested a moment of silence in memory of City employee Carol
Knutson who died suddenly last week.
ROLL CALL
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/Susag, S/Priebe to determine the absence of Council Member Sandahl as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Steven Devich,
Administrative Services Director; 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; Julie
Urban, Zoning Administrator; and John Dean, City Attorney.
Council Meeting Minutes-2-September 23, 1996
APPROVAL OF MINUTES
M/Susag, S/Rosenberg to approve the minutes of the regular City Council meeting
of September 9, 1996.
Motion carried 4-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING WOMEN OF
TODAY WEEK SEPTEMBER 22-28, 1996
Council Member Rosenberg read and presented a proclamation designating the
week of September 22-28, 1996 as Women of Today Week in the City of Richfield to
Connie McDonald of the Women of Today.
Connie McDonald, 6400 15th Avenue, reviewed the numerous activities of the
Richfield Women of Today organization and the benefits to the community.
Item #2OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #3 COUNCIL APPROVAL OF AGENDA
City Manager Prosser explained and clarified that the City Council would be
considering an ordinance amendment this evening to regulate commercial wireless
communication towers and antennas and that this is a separate item from the
consideration by the Planning Commission of the request by American Portable Telecom
for a conditional use permit to allow construction of a 100 foot telecommunications tower
in Christian Park. He stated the Planning Commission was scheduled to consider the
American Portable Telecom request on September 24, but that the applicant has
requested a delay. He suggested that interested residents contact Community
Development staff to assure that they are on the mailing list for this issue or to be added
to the list.
Council Meeting Minutes-3-September 23, 1996
M/Susag, S/Priebe to approve the agenda.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
A.APPROVED RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES
FOR NOVEMBER 5, 1996 GENERAL ELECTION C.L. 295
RESOLUTION NO. 8387
RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES
FOR THE GENERAL ELECTION OF NOVEMBER 5, 1996
This resolution appears as Resolution No. 8387 in Resolution Book No. 66.
B.APPROVED REQUEST FOR SUBDIVISION WAIVER AT 7001 SHERIDAN
AVENUE TO CREATE TWO BUILDABLE LOTS C.L. 296
RESOLUTION NO. 8388
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
7001 SHERIDAN AVENUE
This resolution appears as Resolution No. 8388 in Resolution Book No. 66.
C.APPROVED REQUEST FOR SUBDIVISION WAIVER AT 7301 HUMBOLDT
AVENUE TO ALLOW SPLITTING PARCEL INTO TWO LOTS C.L. 297
RESOLUTION NO. 8389
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
7301 HUMBOLDT AVENUE
This resolution appears as Resolution No. 8389 in Resolution Book No. 66.
D.APPROVED REQUEST FOR AMENDED OFF-STREET PARKING PERMIT TO
ALLOW BUILDING EXPANSION AT 6511 CEDAR AVENUE C.L. 298
E.APPROVED STATE OF MINNESOTA ISSUANCE OF RENEWAL OF
CURRENCY EXCHANGE LICENSE FOR CHECK EXPRESS MINNESOTA, 6525
NICOLLET AVENUE C.L. 299
M/Priebe, S/Susag to approve the consent calendar.
Council Meeting Minutes-4-September 23, 1996
Motion carried 4-0.
Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION SPECIALLY
ASSESSING 77TH STREET PROJECT AREA FOR CURRENT
MAINTENANCE SERVICES FOR JANUARY 1 THROUGH DECEMBER 31,
1997; PROPOSED CITY PROJECT NO. 922 (CONTINUED FROM AUGUST
26, 1996). C.L. NO. 300
City Manager Prosser reviewed Council Letter No. 300 regarding the proposed
assessment of the 77th Street Project Area for maintenance services for the period of
January 1 through December 31, 1997; City Project No. 922.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
M/Susag, 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. 8390
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA - CITY PROJECT NO. 922
JANUARY 1 THROUGH DECEMBER 31, 1997
Motion carried 4-0. This resolution appears as Resolution No. 8390 in Resolution
Book No. 66.
Item #6PUBLIC HEARING AND CONSIDERATION OF RESOLUTION ADOPTING
ASSESSMENT OF REMOVAL OF DISEASED TREES FROM PRIVATE
PROPERTY FOR JANUARY 1 THROUGH DECEMBER 31, 1995
(CONTINUED FROM AUGUST 26, 1996). C.L. NO. 301
City Manager Prosser reviewed Council Letter No. 301 regarding the adoption of
the assessment roll for removal of diseased trees from private property for the period of
January 1 through December 31, 1995.
Steven Stiffler, 6937 Logan Avenue, discussed issues and concerns regarding the
cost of removal of a diseased tree from his property.
Randy Hughes, Operations Coordinator, stated that if there was an error in the
assessment roll regarding this property staff would investigate and make a correction.
Council Meeting Minutes-5-September 23, 1996
City Manager Prosser recommended that the City Council delete this property from
the proposed resolution so that staff could review the determination of the assessment.
M/Susag, S/Rosenberg to amend the proposed resolution by deleting 6937 Logan
Avenue, P.I.N. 28-028-24-34-0060, from the assessment roll for removal of diseased trees
from private property for the period of January 1 - December 31, 1995.
Motion carried 4-0.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
M/Susag, S/Rosenberg that the following resolution be adopted as amended, that it
be spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8391
RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1995 THROUGH
DECEMBER 31, 1995
Motion carried 4-0. This resolution appears as Resolution No. 8391 in Resolution
Book No. 66.
Item #7PUBLIC HEARING TO CONSIDER REQUEST FOR CONDITIONAL USE
PERMIT TO ALLOW CONSTRUCTION OF 100,000 SQUARE FOOT
RETAIL STORE AND UP TO 20,000 SQUARE FEET OF ADDITIONAL
RETAIL SPACE AT 1700 WEST 78TH STREET. C.L. NO. 302
City Manager Prosser reviewed Council Letter No. 302 regarding the request of
Galyan’s Trading Company for a conditional use permit to allow construction of a 100,000
square foot retail store and up to 20,000 square feet of additional retail space at 1700
West 78th Street.
Dave Labus, Director of Design for Galyan’s Trading Company, explained the
Galyan’s interactive sporting goods retail concepts, the proposed exterior building
elements, and layout.
Gary Tushie, Tushie Montgomery Associates, Inc., reviewed and answered
questions regarding the site plan including building elevations, environmental issues,
parking, interior elements, and landscaping. He indicated that there would be a potential
in the future for construction of an additional 20,000 square feet of retail space which
would be either for an expansion of Galyan’s or some other retailers.
Council Meeting Minutes-6-September 23, 1996
Council Member Priebe asked if the Naegele billboards would remain on the
property.
Mark Damante, real estate attorney for The Limited, Galyan’s parent company,
stated that the seller of the property was going to retain the billboards. He stated they
had attempted to negotiate the purchase of the billboard property along with the proposed
Galyan’s site, but were unsuccessful.
City Attorney Dean reviewed the status of the billboards in relation to the City’s sign
ordinance which calls for them to be removed in 1997.
Council Member Priebe asked about the developer’s financial commitment and
whether they were requesting the City’s assistance.
Mr. Damante stated that they are requesting from the HRA approximately $2.6
million in tax increment financing. He stated that corporate cash would be used to finance
the rest of the project cost. He estimated the land acquisition and construction costs of
approximately $15 million.
City Attorney Dean reviewed the status, potential impacts and value of tax
increment financing for this project.
Council Member Priebe stated he felt this project failed in providing tax benefit to
residents because if TIF is provided, the property tax benefit would not occur for 25 years.
Mr. Tushie described the process that traffic consultant Mark Jepsen, Senior
Transportation Planner for SEH, would be using to analyze traffic issues and develop
solutions for the area surrounding the Galyan’s site.
City Manager Prosser summarized the following process for developing a traffic
plan for the area adjacent to the proposed Galyan’s store will be as follows:
x
Potential strategies/solutions developed by SEH - preliminary draft to Tom
Foley week of September 23
x
Plan with potential strategies/solutions distributed to staff for comment
(representatives from Engineering, Garage/Operations, Community
Development and Public Safety)
x
Staff meeting to review proposed plan - week of September 30
x
Proposed plan revised by SEH based on staff comments
x
October 15, 1996 - neighborhood open house to review different traffic calming
solutions and pros and cons; to review proposed plan
x
Proposed plan revised by SEH based on neighborhood comments
x
Proposed plan presented to City Council
Council Member Rosenberg stated that she would not be comfortable voting on this
proposal until the neighbors have had an opportunity to look at the traffic solutions and
Council Meeting Minutes-7-September 23, 1996
agreed to them. She stated that the developers need to provide time to the neighborhood
and have an open mind to solutions for the traffic issues.
Mark Jepser, SEH Senior Transportation Planner, stated that he went door to door
in the neighborhood to survey residents regarding traffic issues. He stated that most of
the comments related to concerns about existing traffic conditions and that the traffic from
Galyan’s will exacerbate the situation. He then reviewed several general concepts which
could be used for traffic mitigation including parking restrictions on 78th Street, various
stop sign configurations, traffic barriers, and traffic diverters.
City Manager Prosser stated that this proposal would provide the opportunity to
look at all the issues regarding traffic in the area.
Jim Bergin, 7627 Oliver Avenue, stated that he felt the Galyan’s people were
forthright and honest, however there was a need to look at the redevelopment of the
whole area due to the traffic problems. He discussed concerns regarding the billboard
signs on the site and legal issues related to them. He discussed concerns about losing
the street parking on 78th Street where he observed 39 parked cars and Knox Avenue
where he observed 20 parked cars. He indicated that a traffic signal would be necessary
on Knox Avenue at 76th Street.
City Attorney Dean stated that the billboard signs are legal on this site until the
amortization period ends in October 1997. He stated the City had expressed to The
Limited the desire that they purchase and remove the signs, however, Naegele would not
sell to them.
City Manager Prosser stated that the signs were legal until October 1997 at which
time the owner must remove them.
Sharon Glennon, 2000 West 76th Street, stated she was not against Galyans but
had serious concerns about traffic. She stated that a school zone sign for crossing 76th
Street was necessary. She indicated the neighbor should be involved with determining
any traffic solutions.
Louise Ragatz, 7624 Oliver Avenue, suggested that the entrance and exit to the
site be from I-494 to leave the neighborhood alone. She suggested the frontage road be
straightened out so it is not perceived as just an entrance to a car dealer, and therefore
diverting traffic to 77th Street.
Sue Miller, representing the Fountainhead Apartments, stated concerns about
traffic not being restricted for residents, stormwater and pond storage, and buffering
between the apartments and Gaylans.
Terry Ahlstrom, 7600 Morgan Avenue, stated concerns about traffic and access in
the area. He requested the neighborhood be totally involved in resolving the traffic
issues.
Council Meeting Minutes-8-September 23, 1996
Sandra Engen, 7621 Morgan Avenue, stated concerns about the additional traffic
generated by Galyans. She suggested that the traffic issues be resolved with the
neighborhood before approval of the project.
Steve Moore, Manager of the Hampton Inn and Chair of the Richfield Chamber of
Commerce, stated that the Richfield Chamber of Commerce supports the Galyan’s
redevelopment proposal as a positive project for the City and the business community.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated concerns about traffic and
suggested a bridge over I-35W on the frontage road. He indicated he felt it was not in the
best interest of the City to use tax increment financing for the project. He said he would
like to see a public hearing on the tax increment financing request before the conditional
use permit approval. Mr. Wozniczka questioned whether an office use would be better for
this site.
City Attorney Dean stated that if the CUP is approved, the project would again
come back to City Council and HRA for approvals related to the tax increment financing.
Dan Linnihan, Planning Commission Chair, clarified that the Planning Commission
reviewed the land use issues regarding the project and consistency with the
Comprehensive Plan. He stated that the Planning Commission also had concerns about
the traffic and saw this as an opportunity to look at the bigger picture and the existing
traffic problem. He stated that an office tower would create worse traffic problems
because of the number arriving and leaving at the same peak traffic period rather than
more spread out traffic for a retail use. He suggested that people keep an open mind to
find solutions to the traffic issue to make the project work.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
Council Member Susag asked about procedures and the schedule of review of this
project.
City Manager Prosser summarized issues related to land use, TIF District, and
determination of whether assistance should be given to the development.
Community Development Director Palmborg stated that the HRA would consider a
developer’s agreement on October 21 and the tax increment financing and redevelopment
plan would be considered by the City Council on October 28.
M/Susag, S/Kirsch to approve the conditional use permit to allow construction of a
100,000 square feet retail store and up to 20,000 square feet of additional retail space at
1700 West 78th Street with the following stipulations:
1.That a plan for preventing commercial traffic from using the residential streets in the
area bounded by Penn Avenue, 76th Street, Knox Avenue and 77th Street be
Council Meeting Minutes-9-September 23, 1996
prepared by the developer in conjunction with staff, and with input from area residents,
and approved by the Community Development Director.
2.That parking for bicycles be provided for on the site.
3.That a sidewalk be installed along Knox Avenue connecting the site to the existing
sidewalk.
4.That a sediment and erosion control plan be submitted to and approved by the City
Engineer.
5.That a storm water management plan be approved by the City Engineer.
6.That the final landscape plan be approved by the Community Development Director.
7.That landscaping along the freeway portion of the site be coordinated with the
Community Development Director and the Minnesota Department of Transportation.
8.That a lighting plan be approved by the Community Development Director.
9.That a signage plan be approved by the Community Development Director.
10.That the conditional use permit not be issued until a building permit is applied for.
Council Member Rosenberg stated that there were too many questions regarding
traffic that need to be resolved before approving the project and that we need to slow
down to do so.
Council Member Priebe agreed indicating concern about the 25 year TIF and
suggested that the decision be delayed to October 28 when there has been a
determination of traffic options and neighborhood agreement.
Mayor Kirsch stated that he was confident the traffic issues would be resolved and
that Galyan’s would not want to build unless the traffic issues were resolved also.
Discussion followed regarding whether to withdraw the original motion in order to
table the issue until October 28.
Council Member Susag withdrew his motion and Mayor Kirsch withdrew his second
to the motion.
M/Priebe, S/Rosenberg that consideration of the request of Galyan’s Trading
Company for a conditional use permit to allow construction of a 100,000 square foot retail
store and up to 20,000 square feet of additional retail space at 1700 West 78th Street be
tabled to the October 28, 1996 City Council meeting.
Motion carried 4-0.
Council Meeting Minutes-10-September 23, 1996
Item #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
MODIFICATION NUMBER 3 TO CEDAR AVENUE BUSINESS AREA
REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN. C.L.
NO. 303
City Manager Prosser reviewed Council Letter No. 303 regarding the proposed
modification number 3 to the Cedar Avenue Business Area (CABA) Redevelopment and
Tax Increment Financing Plan.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked questions regarding the
expiration of the CDP office tax increment project and the source of the estimated
$300,000 proposed for the acquisition of additional property anticipated in this
modification.
Community Development Director Palmborg stated that it is proposed that the
acquisitions be partially funded with the remaining tax increment generated from the CDP
office project, estimated to be $300,000 at the end of 1996. In response to questions from
the City Council, Mr. Palmborg indicated that if the remaining net tax increment generated
by the CDP project was not utilized for another redevelopment project, less than 20%
would go back to the City. He stated that the proposed amendment would place the listed
properties into the established Richfield Redevelopment Project Area to provide for the
acquisition of additional property along the Cedar Avenue corridor. He discussed the
potential interest of developers in combining the parcels for an office type use.
Dan Linnihan, Chair of the Planning Commission, stated that the office type use
would be consistent with the Comprehensive Plan.
City Attorney Dean reviewed the status of the CABA redevelopment district and the
status of the tax increment generated by the project area.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
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 NO. 8392
RESOLUTION APPROVING MODIFICATION NO. 3 TO THE CEDAR AVENUE
BUSINESS AREA TAX INCREMENT FINANCING DISTRICT AND APPROVING AND
ADOPTING TAX INCREMENT FINANCING PLAN RELATED THERETO
Motion carried 4-0. This resolution appears as Resolution No. 8392 in Resolution
Book No. 66.
Council Meeting Minutes-11-September 23, 1996
Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO CITY CODE, SECTION 426, AND ZONING ORDINANCE,
SECTIONS 521, 526 AND 536, ON COMMERCIAL WIRELESS
TELECOMMUNICATION SERVICES TOWERS AND ANTENNAS AND TO
SECTION 425 ON ACCESSORY TOWERS AND ANTENNAS. C.L. NO. 304
City Manager Prosser reviewed Council Letter No. 304 regarding a proposed
ordinance amendment regarding the regulation of commercial wireless telecommunication
towers and antennas. He stated that the goal of the ordinance is to facilitate improved
communication services while minimizing the potential negative impact on the City by the
communication infrastructure. He stated the ordinance addresses the following issues:
x
Location
x
Encouraging the use of existing towers and buildings when possible
x
Setback from residential property
x
Performance standards, including height, screening, lighting, design and color
x
Co-location of at least two users on a tower
x
Standards for accessory buildings and equipment
x
Abandonment provision
x
Health standards
x
Non-interference with Public Safety communications
x
Participation in the future Emergency Alert System
x
Structural issues and permit requirements
Mr. Prosser stated that representatives from the industry raised three primary concerns
with the proposed ordinance:
1.The ordinance requires a setback from residential use property of 1.5 times the height
of the tower. The industry recommends that the setback be measured to the structure
rather than the property line. The Planning Commission believed that the property line
is more permanent and therefore, is the appropriate feature for measurement.
2.The ordinance requires participation in the future Emergency Alert System (the system
that will replace the Emergency Broadcast System over the next several years). The
ordinance provides an exception if participation is not technologically feasible at this
time or if the FCC does not approve the participation. The purpose of the ordinance
provision is to plan ahead for the future when participation in the new system does
become feasible.
3.The ordinance requires that telecommunications companies applying for a permit
submit a copy of the lease agreement they have with the land owner to the City
Assessor. The Assessor needs this information to accurately value property. The
industry believes that it is discriminatory to require this information only of them and
does not want this information to become public. The ordinance provision arises from
the difficulty the Assessor has had in the past obtaining this type of information. The
ordinance requires that the information be provided directly to the Assessor who is
required by law to keep it confidential for three years.
Council Meeting Minutes-12-September 23, 1996
Thomas Fairbairn, 7601 12th Avenue, discussed concerns regarding possible
impacts on amateur radio operators in the context of the ordinance. He reviewed FCC
rules and questioned the changes in Section 425.
Julie Urban, Zoning Administrator, explained that the Section 425 changes were
only a change of the location of the language within the ordinance code to assist staff in
administering the code by consolidating the provisions. She stated that they are not new
regulations related to amateur radio towers.
Ruth Ann Clay, 7301 10th Avenue, stated concern that amateur radio be kept
separate from commercial regulations.
Roger Gordon, 6345 17th Avenue, requested that the Council keep amateur radio
separate from commercial tower regulations for clarity.
Tom Fitzhenry, 6737 Park Avenue, stated concern that no restrictions impact
amateur radio field day operation exercises or temporary set up of amateur radio antenna.
Peter Beck, attorney representing ATT Wireless Services, discussed at length the
proposed ordinance raising three basic concerns:
1.The required setback distance in 426.07 Subd. 2 d)
He stated the setback was too restrictive.
2.That Section 426.15, 426.17, 426.19, and 426.21 may be beyond the scope of
regulation allowed by the FCC.
3.That Section 426.21 Sub. 2 which requires a copy of the lease was
inappropriate as part of a land use regulation.
He provided an extensive explanation of cellular technologies and the
determination of antenna locations.
Peter Hoyle, attorney representing American Portable Telecom, discussed
objections to the required setback, the requirement for a copy of the lease, and the
Emergency Alert System participation requirement.
M/Susag, S/Priebe to close the public hearing.
Motion carried 4-0.
Julie Urban, Zoning Administrator, reviewed a map showing where a 100 foot high
tower could be located in the City with the proposed setback requirements.
Council Member Susag handed out proposed amendment clarifications to Section
425.03 and 426.07 Subd. 2 d).
M/Susag, R/Rosenberg to amend the proposed ordinance to read as follows:
Council Meeting Minutes-13-September 23, 1996
425.03. General rule. Except as other wise provided in this section, no antenna or tower
may be erected, constructed, placed, re-erected or replaced or replaced in a residential
any zoning district of the city except in conformance with this section.
426.07. CWTS Tower Performance Standards. Subdivision 1. These performance
standards apply to any CWTS tower that is erected, constructed, placed, re-erected or
replaced in any zoning district in the city.
Subd. 2. Minimum setback requirements:
d)In addition to the setback requirements in Section 426.07, Subd. 2 (a),
towers in the MR-3 district shall have a separation from adjacent
properties devoted to residential uses, measured to the property line,
equal to 1.5 times the height of the tower. Further, the tower shall have a
separation from any multi-family residential structure that exists on the
property in the MR-3 district on which the tower is located equal to 1.5
times the height of the tower.
Motion carried 4-0.
City Attorney Dean suggested that to be consistent the word separation be added
to Section 426.07 Subd. 2 e).
M/Susag, S/Priebe to amend the proposed ordinance in Section 426.07 Subd. 2 e)
to read as follows:
e)The City Council, at its discretion, may reduce the required setback or
separation to allow the integration of a tower into an existing or proposed
structure or feature such as a church steeple, light standard, power line
support device, sports stadium or similar structure or feature.
Motion carried 4-0.
Council Member Susag asked the City Attorney for an opinion on Section 426.21
Subd. 2.
City Attorney Dean indicated that it would be reasonable to remove the lease
requirement in this subdivision.
M/Susag, S/Priebe to amend the proposed ordinance in Section 426.21 Subd. 2 to
read as follows:
Subd. 2. Information. The applicant for the permit shall provide at the time of
application sufficient information to indicate that the erection, construction, placement, re-
erection, reconstruction or replacement of an antenna or tower will not create a safety
hazard or damage to the property of other persons.In addition, the applicant shall submit
a copy of the lease agreement between the applicant and the property owner to the City
Assessor.
Council Meeting Minutes-14-September 23, 1996
Motion carried 3-1. (Rosenberg opposed)
M/Susag, S/Priebe that this constitute Second Reading as amended of Bill No.
1996-21, amendment to Section 426, 521, 526 and 536 on commercial wireless
telecommunication services towers and antennas and to Section 425 on accessory towers
and antennas; that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 4-0.
City Attorney Dean responded to questions regarding Council discretion related to
Section 426.07 Subd. 2 e).
Item #10CONSIDERATION OF RESOLUTION ADOPTING PRIVATE ACTIVITY TAX
EXEMPT FINANCING GUIDELINES. C.L. NO. 305
City Manager Prosser reviewed Council Letter No. 305 regarding the adoption of
the proposed Private Activity Tax Exempt Financing Guidelines.
Council Member Susag suggested that the guidelines be amended on page 3, item
#6 in the first sentence as follows:
6.The applicant must select a qualified financial adviser reasonably acceptable to the
City or an underwriter to assist the applicant in preparing all necessary application
documents and materials.
M/Susag, S/Priebe to amend the proposed Private Activity Tax Exempt Financing
Guidelines on page 3, item #6 in the first sentence as follows:
6.The applicant must select a qualified financial adviser reasonably acceptable to the
City or an underwriter to assist the applicant in preparing all necessary application
documents and materials.
Motion carried 4-0.
M/Priebe, S/Susag that the following resolution be adopted as amended, that it be
spread in the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8393
RESOLUTION ADOPTING PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES
Motion carried 4-0. This resolution appears as Resolution No. 8393 in Resolution
Book No. 66.
Council Meeting Minutes-15-September 23, 1996
Item #11CONSIDERATION OF FIRST READING OF AMENDMENT TO HUMAN
RESOURCES ORDINANCE SECTION 310.03, APPOINTMENT AND
PLACEMENT OF RELATIVES. C.L. NO. 306
City Manager Prosser reviewed Council Letter No. 306 regarding a proposed
ordinance amendment to clarify the prohibition of spousal supervision in cases where it
would be detrimental to a bona fide occupational qualification.
M/Susag, S/Rosenberg that this constitute the First Reading of this ordinance
amendment to human resources ordinance Section 310.03, 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 #12CONSIDERATION OF AWARD OF CONTRACT FOR BID PACKAGE #6
SITEWORK AT SHOPS AT LYNDALE WINE AND SPIRITS TO IMPERIAL
DEVELOPERS IN AMOUNT OF $65,248. C.L. NO. 307
City Manager Prosser reviewed Council Letter No. 307 recommending award of the
contract for Bid Package #6 for sitework at the Shops at Lyndale Wine and Spirits
Municipal Liquor Store to Imperial Developers. He stated that Northwest Asphalt which
submitted the low bid and had been awarded the contract on July 8, had withdrawn their
bid and forfeited there bid bond.
M/Susag, S/Rosenberg to award the contract for bid package #6 to Imperial
Developers for sitework at the Shops at Lyndale Wine and Spirits municipal liquor store,
7700 Lyndale Avenue, in the amount of $65,248.
Motion carried 3-1. (Priebe opposed)
Item #13AIRPORT STATUS REPORT
City Manager Prosser indicated that it appears that there is substantial pressure for
the MAC to proceed more quickly to build the north-south runway. He stated there is
insufficient information to determine the impact on east Richfield because many of the
City’s questions remain unanswered. He stated that the City needs to respond
comprehensively and completely to the draft EIS for the project in order to raise these
Council Meeting Minutes-16-September 23, 1996
issues and obtain answers. He requested authorization to proceed to contract with expert
airport consultants to undertake the review of the draft EIS so that the City can respond
and get answers to its concerns. He estimated the cost of a complete review to be up to
$100,000. He stated the City Council would review airport expenditures as has been
done in the past.
It was the consensus of the Council that the City Manager proceed with hiring the
consultants for the draft EIS review and that the City Council would formally authorize this
action at the next City Council meeting.
City Manager Prosser announced that Media Assistant Jamie Verbrugee had
excepted a position as Administrative Assistant to the County Administrator of Stearns
County. He acknowledged Jamie’s work on airport issues and stated alternates would fill
his position as a MASAC representative until the City fills the position.
Item #14LEGISLATIVE REPORT
City Manager Prosser stated that staff is preparing the City’s legislative initiatives
and encouraged the Council to contact him with any legislative suggestions or
recommendations.
Item #15COUNCIL DISCUSSION ITEMS
Council Member Susag stated he had only received one phone call regarding the
recent change in the snow emergency ordinance and that was supportive.
Council Member Susag acknowledged City staff, especially Cheryl Hjortaas, for
their work on the FOWL Ball Klassic.
Council Member Susag invited the public to a Spaghetti Dinner Fund Raiser for the
Richfield Community Center kitchen on September 26 from 5:30 p.m. - 7:30 p.m. at the
Knights of Columbus Hall in Bloomington.
Item #16CLAIMS AND PAYROLL
M/Priebe, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21521-21556; 61233-61504$1,075,485.74
Council Meeting Minutes-17-September 23, 1996
FIRSTAR BANK
Checks: 9097-9098$164,532.05
Payroll: 96961-96994; 98834-99158$407,442.26
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:23 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager