10-14-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
OCTOBER 14, 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; 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;
Julie Urban, Zoning Administrator; and John Dean, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Priebe to approve the minutes of the Regular City Council Meeting of
September 23, 1996; and the minutes of the City Council Study Session Meeting of
October 7, 1996.
Motion carried 5-0.
Council Meeting Minutes-2-October 14, 1996
Item #1PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 1996
DOMESTIC/FAMILY VIOLENCE PREVENTION MONTH IN THE CITY OF
RICHFIELD.
Council Member Rosenberg read and presented a proclamation designating
October as Domestic/Family Violence Prevention Month in the City of Richfield to Jo
Romer, representing the Richfield Coalition Against Domestic Violence.
Jo Romer, 7405 Aldrich Avenue, invited the public to attend a Candllelight Vigil
scheduled for 6:00 p.m. on October 26, 1996 at Veterans Memorial Park to remember
victims of domestic violence, celebrate survivorship, and pledge commitment to a
nonviolent future. She also presented a framed STOP the Violence poster to the City.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 1996
BREAST CANCER AWARENESS MONTH IN THE CITY OF RICHFIELD.
Council Member Rosenberg read a proclamation designating October 1996 as
Breast Cancer Awareness Month in the City of Richfield.
Item #3PRESENTATION OF VIDEO REGARDING EXTREME SUMMER
ACTIVITIES.
Lil Hipp, Community Center Manager, and Jennifer Watson, Adaptive Recreation
Supervisor, made a presentation explaining the Richfield YouthNet Coalition programs
and presented a video of the YouthNet Extreme Summer program activities.
Item #4OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Cheryl Binzen, 2924 West 71st Street, Chairperson of the Human Rights
Commission, presented a summary report on the responses to a survey the Human Rights
Commission distributed with the City's utility bills regarding the assessment of the
expectations of citizens regarding the work of the Commission. She stated that it appears
the Commission can best serve the community by focusing on the following issues:
Council Meeting Minutes-3-October 14, 1996
x
To educate the community regarding human rights in general and within Richfield in
particular.
x
To mediate disputes between people before they go to a higher authority.
x
To investigate problems caused by discrimination.
She invited public participation in the Commission's meetings which are conducted
on the first Tuesday of the month at 7:00 p.m. at Richfield City Hall. She stated a
response to the community regarding the survey will be submitted for publication in the
Sun-Current newspaper and the Your City newsletter.
Gordon Anderson, 7501 Elliot Avenue, stated concerns about the reported
Hennepin County Assessor's determination of the assessed value for the Naegele
building. He also suggested that the City Council take roll call votes on important issues
to make it easier for cable TV viewers to know how Council Members voted on the issue.
City Attorney Dean stated that the land and building assessed values were
reported separately, therefore the building was reported at an assessed value of $48,000
and the land at an assessed value of $3.9 million.
Council Member Priebe stated that the information provided to the City Council
from the County Assessor showed a significant drop in the building's assessed value
since 1990.
Item #5COUNCIL APPROVAL OF AGENDA
M/Susag, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #6CONSENT CALENDAR
A.APPROVED RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR NOVEMBER 5, 1996 GENERAL ELECTION C.L. 308
RESOLUTION NO. 8394
RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 5, 1996
This resolution appears as Resolution No. 8394 in Resolution Book No. 66.
Council Meeting Minutes-4-October 14, 1996
M/Rosenberg, S/Priebe to approve the consent calendar.
Motion carried 5-0.
Item #7PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO SECTIONS 506, 521 AND 541 OF APPENDIX B OF
ZONING ORDINANCE REGARDING CLUSTER HOUSING
DEVELOPMENTS AND CONSIDERATION OF RESOLUTION
AUTHORIZING PUBLICATION OF SUMMARY OF AMENDMENT. C.L. NO.
309
City Manager Prosser reviewed Council Letter No. 309 regarding a proposed
ordinance amendment which would permit small, single family-like cluster housing
developments in the R (single family residential), MR-1 (two family residential) and MR-2
(medium density residential) districts in the City as conditional uses.
Council Member Susag asked if any developers had expressed interest in
developing this type of project.
Community Development Director Palmborg stated that there was some interest in
the residual parcels near 76th Street and Emerson Avenue and a project had been
approved recently on 74th Street just east of Lyndale Avenue. He stated that residents
and developers like the concept, however, it is more difficult to get developers to do the
smaller scale projects.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Susag, S/Rosenberg that this constitute second reading of Bill No. 1996-22, an
ordinance amending sections 506, 521 and 541 of Appendix B to the Richfield City Code
relating to cluster housing developments, that it be published in the official newspaper and
that it be made part of these minutes; and that the following resolution be adopted, that it
be spread in the resolution book and that it be made part of these minutes and, 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. 8395
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO
APPENDIX B OF THE RICHFIELD CITY CODE
This resolution appears as Resolution No. 8395 in Resolution Book No. 66.
Motion carried 5-0.
Council Meeting Minutes-5-October 14, 1996
Item #8PUBLIC HEARING REGARDING RECOMMENDATION TO REVOKE
CONDITIONAL USE PERMIT THAT ALLOWS MOTOR VEHICLE REPAIR
AT 7608 KNOX AVENUE. C.L. NO. 310
City Manager Prosser reviewed Council Letter No. 310 regarding the
recommendation to revoke the conditional use permit that allows motor vehicle repair at
7608 Knox Avenue. He outlined the following compliance issues:
x
multiple cars parked in the lot where two regular parking spaces and one
handicapped space exist (up to 12 cars observed);
x
taxis regularly parked along Knox Avenue;
x
cars parked in the boulevard; and
x
the trash dumpster left outside.
Mark W. Nichols, 8917 Xerxes Avenue, stated he was the owner of the property
and that his tenant, Gholam Shahrokhi, owner of Minnesota Taxi, had been out of
compliance with the conditional use permit. Mr. Nichols indicated the parking lot has now
been repaved and striped. He presented pictures of the current conditions at the property
and stated that he believes the property is now in total compliance. He stated that he was
an inexperienced landlord but he was now aware that Mr. Shahrokhi's noncompliance was
a violation of his lease and he has been assured by Mr. Shahrokhi that he will remain in
compliance. Mr. Nichols stated that Minnesota Taxi now has leased space in Burnsville to
park their vehicles. He suggested he would welcome any additional stipulations by the
Council to the conditional use permit to assure compliance.
Gholam Shahrokhi, owner of Minnesota Taxi, stated he now has a place in
Burnsville to park cars and the overparking will not occur again.
M/Susag, S/Priebe to close the public hearing.
Motion carried 5-0.
Julie Urban, Zoning Administrator, reviewed the contacts with Mr. Nichols and Mr.
Shahrokhi about compliance with the conditional use permit and why it became necessary
for the City Council to consider revocation.
Council Member Rosenberg stated there were parking and traffic issues in the
neighborhood and this was important to address especially if the proposed retail store
locates on the Naegele site.
Richard Whitmer, 7627 Blaisdell Avenue, requested clarification on what a citation
meant related to zoning.
City Attorney Dean reviewed the process of notice and compliance related to
zoning issues.
Council Meeting Minutes-6-October 14, 1996
M/Rosenbergto revoke the conditional use permit that allows use of 7608 Knox
Avenue for automotive repairs.
Motion failed for the lack of a second.
Council Member Priebe stated that it appears that the property is now in
compliance and that the City now has his attention. He suggested the City Council wait
60 days and review then as to whether the conditional use permit should be revoked. He
stated staff could periodically review the site for compliance and also that neighbors
would probably call if the site becomes out of compliance.
Council Member Susag stated he would support tabling the issue because there
had not been any testimony from neighbors, however, the owner should be aware that
traffic issues are under scrutiny in the area and that if he does not comply the conditional
use permit will be revoked.
M/Priebe, S/Sandahl to table consideration of the revocation of the conditional use
permit that allows use of 7608 Knox Avenue for automotive repairs for approximately 60
days to the December 9 City Council Meeting.
Motion carried 5-0.
Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING LAND AT 7645 NICOLLET AVENUE FROM
NEIGHBORHOOD COMMERCIAL TO TWO FAMILY RESIDENTIAL
(TABLED FROM SEPTEMBER 9, 1996 COUNCIL MEETING). C.L. NO. 311
City Manager Prosser reviewed Council Letter No. 311 regarding a proposed
ordinance amendment to rezone the land at 7645 Nicollet Avenue from C-1
(neighborhood commercial) to MR-1 (two family residential).
Karen Whitmer, 7627 Blaisdell Avenue, spoke in support of having a single family
home on the property.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitute second reading of Bill No. 1996-23, an
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 5-0.
Council Meeting Minutes-7-October 14, 1996
Item #10PUBLIC HEARING REGARDING REQUEST FOR AMENDED PLANNED
UNIT DEVELOPMENT PLAN FOR CSM CORPORATION TO ALLOW UP
TO 2,530 SQUARE FEET OF OFFICE/SERVICE USE IN PHASE II OF
SHOPS AT LYNDALE. C.L. NO. 312
City Manager Prosser reviewed Council Letter No. 312 regarding the request from
the CSM Corporation for an amended planned unit development plan to allow up to 2,530
square feet of office/service use in Phase II of the Shops at Lyndale.
Bruce Carland, 4609-33rd Avenue South, representing CSM Corporation, stated
that it is proposed that Western Temporary Services would occupy 1,350 square feet of
the floor area and that the remainder of the space would be occupied by a future
office/service tenant.
Diane Wiertz, 9400 Old Cedar Avenue, representing Western Temporary Services,
described their services as focused on clerical staffing as part of a national chain. She
indicated many temporary services are now locating in storefronts for accessibility and
visibility.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag to approve the amendment to the planned unit development
plan, final development plan and conditional use permit for CSM Corporation for Phase II
of the Shops at Lyndale to allow up to 2,530 square feet of office/service use in the
center.
Motion carried 5-0.
Mr. Carland provided a status report on tenant leasing in the Shops at Lyndale.
Item #11PUBLIC HEARING REGARDING REQUEST FOR AMENDED PLANNED
UNIT DEVELOPMENT PLAN TO ALLOW DECREASE IN NUMBER OF
STORIES AND SQUARE FOOTAGE OF PROPOSED AMERICINN HOTEL,
1200 EAST 78TH STREET. C.L. NO. 313
City Manager Prosser reviewed Council Letter No. 313 regarding a request from
Northern Hospitality for an amended planned unit development plan to allow a decrease
in the number of stories and square footage of the proposed Americinn Hotel, 1200 East
78th Street.
Council Meeting Minutes-8-October 14, 1996
Dan Brown, 4055 Bollenbacher Road SE, Brainerd, representing Northern
Hospitality, described the redesign of the proposed building. He indicated that
construction would begin this week with an anticipated opening in February 1997.
M/Susag, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Priebe to approve the planned unit development plan, final
development plan and conditional use permit to allow a reduction in square footage from
39,812 to 30,933 square feet for the Americinn Hotel, 1200 East 78th Street.
Motion carried 5-0.
Item #12PUBLIC HEARING AND SECOND READING OF AMENDMENT TO HUMAN
RESOURCES ORDINANCE SECTION 310.13, APPOINTMENT AND
PLACEMENT OF RELATIVES. C.L. NO. 314
City Manager Prosser reviewed Council Letter No. 314 regarding a proposed
ordinance amendment to clarify provisions related to supervisor-spousal employment
relationships.
M/Susag, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl that this constitute second reading of Bill No. 1996-24, an
amendment to Human Resources Ordinance Section 310.13, Appointment and Placement
of Relatives, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #13CONSIDERATION OF RESOLUTION ACKNOWLEDGING RECEIPT OF
DRAINAGE AND UTILITY VACATION PETITION AND CALLING FOR
PUBLIC HEARING; AND FIRST READING CONSIDERATION OF
TRANSITORY ORDINANCE AMENDMENT TO VACATE DRAINAGE AND
UTILITY EASEMENT AT 6334-11TH AVENUE. C.L. NO. 315
City Manager Prosser reviewed Council Letter No. 315 regarding a request to
vacate the drainage and utility easement at 6334-11th Avenue.
Council Meeting Minutes-9-October 14, 1996
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; and that this constitute the
first reading of this ordinance amendment regarding consideration of transitory ordinance
amendment to vacate drainage and utility easement at 6334-11th Avenue, and that the
public hearing and second reading of the ordinance be scheduled for the November 12,
1996 City Council meeting.
RESOLUTION NO. 8396
RESOLUTION AUTHORIZING RECEIPT OF DRAINAGE AND UTILITY VACATION
PETITION AND CALLING FOR PUBLIC HEARING
This resolution appears as Resolution No. 8396 in Resolution Book No. 66.
Motion carried 5-0.
Item #14CONSIDERATION OF NOVEMBER CITY COUNCIL MEETING SCHEDULE
CHANGES AND ADDITIONS. C.L. NO. 316
City Manager Prosser reviewed Council Letter No. 316 regarding proposed City
Council meeting schedule changes and additions for November.
M/Sandahl, S/Rosenberg to approve the following changes and additions to the
November City Council meeting schedule:
1.Cancel the City Council Study Session regularly scheduled for November 4, do
not reschedule the meeting and carry any business over to the December 2
Study Session.
2.Schedule a Special City Council Meeting for November 7 at 5:30 p.m. to
canvass the results of the General Election.
3.Reschedule the November 11 Regular City Council Meeting to November 12 at
7:00 p.m.
4.Schedule a Special City Council Meeting for November 13 at 7:00 p.m. to seek
resident input regarding the 1996 Revised/1997 Proposed Budget.
Motion carried 5-0.
Council Meeting Minutes-10-October 14, 1996
Item #15CONSIDERATION OF AUTHORIZATION OF FUNDING FOR REVIEW OF
NORTH/SOUTH RUNWAY ENVIRONMENTAL IMPACT STATEMENT. C.L.
NO. 317
City Manager Prosser reviewed Council Letter No. 317 requesting authorization of
funding for review of the north/south runway Environmental Impact Statement (EIS). He
stated the estimated cost components to the review include the following:
x
Overall legal review$60,000
x
Traffic review7,500
x
Sound impact review7,500
x
Airport operations7,500
x
Planning review7,500
x
Alternative mitigation10,000
Council Member Rosenberg asked if the City would use the same law firm as was
used for the Runway 4-22 EIS.
City Manager Prosser stated that the City would again use Steve Pflaum of
McDermott, Will & Emery unless the City Council directs otherwise.
Council Member Priebe stated that it is necessary to have experts review the EIS
because the north/south runway has the potential for being an environmental disaster for
east Richfield.
Mayor Kirsch stated the need to provide staff with the expert assistance to review
the EIS. He discussed the goal of working to resolve the issues with the MAC without
litigation if possible.
M/Sandahl, S/Susag to authorize $100,000 to fund review of the north/south
Environmental Impact Statement.
Motion carried 5-0.
Item #16AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport related issues:
x
Metropolitan Council request to include more background information in the City's
Comprehensive Plan regarding airport noise mitigation initiatives.
Council Meeting Minutes-11-October 14, 1996
x
Meeting with Jeff Hamiel and Nigel Finney of the Metropolitan Airports Commission
(MAC) for discussions regarding the possible lease of property in New Ford Town
for a joint MnDOT/City maintenance facility and the MAC having a land use
consultant review the City's concerns regarding land use impacts.
Item #17LEGISLATIVE REPORT
City Manager Prosser stated that staff is preparing the proposed legislative
initiatives for Council review. He indicated the newest area of concern is in human
services especially on how to respond to the reduction of funding and services by the
County in areas such as child protection.
It was the consensus of the Council that the staff prepare a legislative initiative for
Council consideration and discussion regarding the possibility of making the MAC
commissioners elected officials.
Item 18#COUNCIL DISCUSSION ITEMS
Council Member Susag invited the public to the Annual Meeting of the Friends of
the Augsburg Park Library scheduled for October 17 at 7:00 p.m. He stated author Lorna
Landvik would be the guest speaker.
Item #19CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 21557-21626, 21904-22229$2,481,059.87
FIRSTAR BANK
Checks: 9099-9112$504,820.50
Payroll10/3: 99159-99193, 99198-99488$408,547.33
10/17: 99493-99526, 99531-99817$402,433.11
Motion carried 5-0.
Council Meeting Minutes-12-October 14, 1996
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:37 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager