11-25-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 25, 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; Vaughn Lambert, Acting
Public Safety Director; Thomas Ferber, City Clerk; William Fillmore,
Liquor Operations Director; and Corrine Thomson, Assistant City
Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Susag to approve the minutes of the Special City Council Meeting of
November 7, 1996; the minutes of the Regular City Council Meeting of November 12,
1996; and the minutes of the Special City Council Meeting of November 13, 1996.
Council Meeting Minutes-2-November 25, 1996
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Mike Gallagher, 11009 Ewing Avenue, submitted a letter to the City Council from
members of the New Ford Town/Rich Acres Neighborhood Advisory Group acknowledging
and thanking the City Council and City staff for working together with citizens to achieve
the acquisition of these neighborhoods for noise abatement.
Mayor Kirsch announced that there will be a Special City Council Executive
Session on December 3, 1996 at 5:30 p.m. in the Lobby Conference Room #1 at City Hall.
He stated the meeting will be closed to the public. He stated the purpose of the meeting
is to discuss the City Manager’s evaluation and matters of compensation. Mayor Kirsch
stated that a summary of the December 3 meeting will be discussed in public at the
December 9 regularly scheduled City Council meeting.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A.APPROVED SETTING PUBLIC HEARING DATE OF DECEMBER 9, 1996 FOR
RENEWAL OF PAWNBROKER AND SECONDHAND GOODS LICENSES FOR
THE GUN SHOP AND PAWNBROKER AND PLAZA PAWN C.L. 337
B.APPROVED SETTING PUBLIC HEARING DATE OF DECEMBER 9, 1996 FOR
RENEWAL OF ON-SALE LIQUOR LICENSES FOR CHI CHI’S MEXICAN
RESTAURANTE, THE GROUND ROUND, KHAN’S MONGOLIAN BARBECUE,
AMERICAN LEGION POST NO. 435, VFW POST NO. 5555, DON PABLO’S
AND CHAMPPS OF RICHFIELD C.L. 338
C.APPROVED SETTING PUBLIC HEARING DATE OF DECEMBER 9, 1996 FOR
RENEWAL OF WINE LICENSES FOR MILLER’S FIRESIDE PIZZA, SILVER
SPOON RESTAURANT, RED PEPPER CHINESE RESTAURANT AND THE
FRENCHMAN’S C.L. 339
Council Meeting Minutes-3-November 25, 1996
D.APPROVED SETTING PUBLIC HEARING DATE OF DECEMBER 9, 1996 FOR
NEW ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSE
FOR THOMPSONS FIRESIDE PIZZA, 6736 PENN AVENUE C.L. 340
E.APPROVED SETTING PUBLIC HEARING DATE OF DECEMBER 9, 1996 FOR
NEW ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR LAN’S
VIETNAMESE RESTAURANT, 7545 LYNDALE AVENUE C.L. 341
F.APPROVED AWARD OF TWO-YEAR CONTRACT TO HAWKINS CHEMICAL
INC. (FEED-RITE CONTROLS, INC.) FOR APPROXIMATELY 400 TONS OF
SODA ASH FOR WATER TREATMENT FOR TOTAL AMOUNT OF $71,476
C.L. 342
G.APPROVED AWARD OF TWO-YEAR CONTRACT TO CUTLER-MAGNER
COMPANY FOR 2,800 TONS OF QUICK LIME FOR WATER TREATMENT
FOR TOTAL AMOUNT OF $177,604 C.L. 343
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #4PUBLIC HEARING AND CONSIDERATION OF APPEAL TO BOARD OF
ADJUSTMENT AND APPEALS REGARDING VARIANCE DENIED BY
HEARING EXAMINER FOR CONSTRUCTION OF DECK AT 7015 PENN
C.L. NO. 344
City Manager Prosser reviewed Council Letter No. 344 regarding the appeal by
Larry Stein, 7015 Penn Avenue, of the decision of the Hearing Examiner to deny his
request for a variance to allow the construction of a 9.5 by 18 foot deck 16 feet from the
rear property line where a setback of 25 feet is required by ordinance.
Larry Stein, 7015 Penn Avenue, described the proposed deck as a lower addition
to an existing deck. He stated it would provide better access to his yard and a hot tub.
Mr. Stein responded to questions regarding other possible locations for the deck, access
to his hot tub, and concerns of his neighbor to the east at 7014 Oliver Avenue regarding
privacy. He indicated that the adjacent neighbors had signed in support of the variance
request.
Anne Johnston, 7011 Penn Avenue, stated that the Kellets who live at 7014 Oliver
Avenue, were unable to attend this meeting because of an accident. She stated that the
Kellets have a swimming pool in their back yard and lost their privacy when the Stein’s
house was built.
M/Sandahl, S/Priebe to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-4-November 25, 1996
Council Member Priebe stated that homeowners should be given broad latitude on
how they use their property as long as it does not impinge on the rights of the neighbors.
He stated he would support the Stein’s variance request and that the deck addition would
be less visible to neighbors than the existing deck.
Council Member Rosenberg stated she would support the variance request and
that the drawing showed it would be an attractive addition.
M/Priebe, S/Rosenberg to overturn the Hearing Examiners denial of the variance
request of Larry Stein, 7015 Penn Avenue, to approve the granting of this variance to
allow the construction of a deck 16 feet from the rear property line where a setback of 25
feet is required by ordinance.
Discussion of the motion followed.
Council Member Susag asked questions of the City Attorney regarding issues
related to consequences of granting the variance, precedent, findings of fact, and undue
hardship.
City Attorney Thomson stated that City Council granting of the variance would
legalize construction of the deck structure. She stated that if the City Council routinely
and consistently granted such variances, practically speaking a precedent may be set but
legally the ordinance would still be enforceable. She discussed and answered questions
related to the City Council’s latitude in the determination of granting of variances and the
findings regarding variances.
Council Member Susag stated that he would support the motion granting this
variance with the addition of a stipulation that a landscape plan for providing screening of
the deck from the property to the rear be submitted to and approved by the Community
Development Director.
City Manager Prosser suggested that such screening could consist of trees.
Council Member Susag asked if Council Members Priebe and Rosenberg would
accept his proposed stipulation as an amendment to their stated motion. Council
Members Priebe and Rosenberg accepted the addition of the stipulation as stated by
Council Member Susag to their motion.
City Manager Prosser stated that City staff would meet with the two property
owners to find an acceptable landscape plan.
Barb Stein, 7015 Penn Avenue, stated that the Kellets have removed trees on their
property to have more sun light in the pool area and that there is limited space for
placement of additional trees.
Council Member Sandahl suggested that the two parties should meet with the
Community Development Director to determine if further landscaping is necessary. He
Council Meeting Minutes-5-November 25, 1996
stated that since the Kellets are unable to be present tonight, this will at least assure their
interests are protected.
The motion restated with the stipulation was as follows:
M/Priebe, S/Rosenberg to overturn the Hearing Examiners denial of the variance
request of Larry Stein, 7015 Penn Avenue, and to approve the granting of a variance to
allow the construction of a deck 16 feet from the rear property line where a setback of 25
feet is required by ordinance with the stipulation that a landscape plan for providing
screening of the deck from the property to the rear be submitted to and approved by the
Community Development Director and to approve the granting of this variance.
Motion carried 5-0.
Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING
APPROVAL OF MODIFICATION TO RICHFIELD REDISCOVERED
PROJECT AREA REDEVELOPMENT PLAN AND APPROVAL OF
MODIFICATIONS TO LHN AND ILN TAX INCREMENT FINANCING PLANS.
C.L. NO. 345
City Manager Prosser reviewed Council Letter No. 345 regarding consideration of a
modification to the Richfield Rediscovered Project Area Redevelopment Plan and
Modifications to the LHN and ILN Tax Increment Financing (TIF) Plans.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked if the proceeds of the ILN
and LHN TIF Districts were to be used for the new bonds and whether the proposed
modifications would extend the duration of these two districts.
City Manager Prosser responded affirmatively regarding the proceeds for the
bonds. He stated that the duration of the ILN and LHN Districts would remain the same.
Council Member Priebe stated that the duration of the districts is extended in the
sense that they will not be closed out early. He stated the proposed action would
continue the districts to their statutory limit in order to fund bonds for other projects in the
City.
Mr. Wozniczka expressed concern about the impact on property taxes of not paying
the bonds off early. He stated opposition to the action. He indicated the City portion of
his property taxes had increased this year.
Mark Ruff, Financial Advisor from Ehlers/Publicorp, explained and answered
questions regarding the tax implications of the proposed action and of paying off the TIF
bonds early on his property taxes. He discussed state equalization aid related to capital
referendums stating he would provide specific information to the City Council regarding
the Richfield School District. He explained and answered questions on State formulas
Council Meeting Minutes-6-November 25, 1996
and laws which would mean that the City would only realize 16 cents on the dollar if the
bonds were paid off early.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl 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. 8405
RESOLUTION APPROVING MODIFICATION TO THE REDEVELOPMENT PLAN FOR
THE RICHFIELD REDEVELOPMENT PROJECT AREA AND APPROVING THE
MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR THE ILN AND
LHN TAX INCREMENT FINANCING DISTRICTS, LOCATED WITHIN THE
RICHFIELD REDEVELOPMENT PROJECT AREA.
Motion carried 4-1. (Priebe opposed) This resolution appears as Resolution No.
8405 in Resolution Book No. 66.
Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE
REGULATING GRANTING OF FRANCHISES TO OPERATE AND
MAINTAIN CABLE SYSTEM IN RICHFIELD; AND CONSIDERATION OF
RESOLUTION APPROVING SUMMARY PUBLICATION. C.L. NO. 346
City Manager Prosser reviewed Council Letter No. 346 regarding consideration of
the ordinance to regulate the granting of franchises to operate and maintain a cable
system in the City; setting forth conditions accompanying the granting of a franchise;
providing for use of the system; and prescribing penalties for the violation of its provision;
and a resolution approving summary publication of the ordinance.
Russ Rooney, 1000 Mildred Drive, stated concerns about maintaining accessibility
and technical support for local cable access programming.
M/Sandahl, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Priebe, S/Susag that this constitute Second Reading of Bill No. 1996-26, adding
Section 726 regulating the granting of franchises to operate and maintain a Cable System
in the City; 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:
RESOLUTION NO. 8406
Council Meeting Minutes-7-November 25, 1996
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO THE
RICHFIELD CITY CODE BY ADDING SECTION 726
This resolution appears as Resolution No. 8406 in Resolution Book No. 66.
Motion carried 5-0.
Item #7PUBLIC HEARING AND SECOND READING OF AMENDMENT TO
APPENDIX E OF CITY CODE RELATING TO CABLE FRANCHISE
AGREEMENT ORDINANCE; AND CONSIDERATION OF RESOLUTION
APPROVING SUMMARY PUBLICATION. C.L. NO. 347
City Manager Prosser reviewed Council Letter No. 347 regarding adoption of a
proposed new Cable Television Franchise Agreement Ordinance and approval of a
summary publication.
Mitchell Hadley, 7239 Lyndale Avenue, stated concerns about the consolidation of
the local cable access studios into one location in Eden Prairie and that the promised
increased night and weekend hours not be unilaterally dropped by Paragon in the future.
He also stated concern that Paragon maintain the availability of technical support to local
access programmers currently provided at the Richfield Studio by Michelle Glynn.
Kim Roden, representing Paragon Cable, reviewed the company commitment to
expanded hours and equipment for public, educational, and government (PEG) access as
provided in the agreement. She stated Paragon has filed a transitional plan including
hours and services.
Council Member Priebe stated that the provisions regarding PEG access were
contained in Section 7.3 of the ordinance which states:
“In the first year after the effective date of this Franchise, Grantee shall provide no
less than $200,128 annually for PEG access operating expenses collectively for the cities
of Edina, Eden Prairie, Hopkins, Minnetonka, and Richfield. After the first year of the
Franchise, Grantee shall provide sufficient financial and inkind support to maintain a
substantially equivalent level of services, facilities and equipment in the remaining years
of the Franchise Agreement Ordinance comparable to the services, facilities and
equipment provided in the first year of the Franchise.”
Russ Rooney, 1000 Mildred Drive, asked whether Paragon has decency guidelines
regarding local access programs.
Kim Roden discussed First Amendment rights, community standards regarding
indecent programs, and management of these issues. She stated it has worked well up to
this point.
Council Meeting Minutes-8-November 25, 1996
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Susag, S/Priebe that this constitute Second Reading of Bill No. 1996-27,
amending Appendix E repealing Section E2 Cable Communications Franchise,
substituting a Cable Television Franchise Agreement between the City of Richfield and
KBL Cable Systems of the Southwest, Inc.; 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:
RESOLUTION NO. 8407
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO
APPENDIX E OF THE RICHFIELD CITY CODE
This resolution appears as Resolution No. 8406 in Resolution Book No. 66.
Motion carried 5-0.
Item #8CONSIDERATION OF BID RECEIVED FOR WALK-IN COOLER AND
APPURTENANT WORK FOR SHOPS AT LYNDALE WINE AND SPIRITS,
7700 LYNDALE AVENUE. C.L. NO. 348
City Manager Prosser reviewed Council Letter No. 348 recommending that the City
Council reject the bid received from AA Equipment Company for a walk-in refrigeration
unit and appurtenant work for the Shops at Lyndale Wine and Spirits liquor store.
M/Sandahl, S/Rosenberg to reject the bid of AA Equipment Company for a walk-in
refrigeration unit and appurtenant work for the Shops at Lyndale Wine and Spirits liquor
store; to direct staff to modify the specifications; and to authorize staff to readvertise for
bids.
Motion carried 5-0.
Item #9CONSIDERATION OF CONDUCTING CITY COUNCIL MEETING ON
DECEMBER 23, 1996. C.L. NO. 349
City Manager Prosser reviewed Council Letter No. 349 regarding consideration of
cancellation of the regularly scheduled December 23, 1996 City Council Meeting.
M/Sandahl, S/Rosenberg to cancel the City Council Meeting scheduled for
December 23, 1996.
Council Meeting Minutes-9-November 25, 1996
Motion carried 5-0.
Item #10AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issues:
x
The City has met with Metropolitan Council Administrator Jim Solem and
Metropolitan Council Representative Neil Peterson to discuss issues related to the
Metropolitan Airports Commission (MAC) actions regarding the Rich Acres Golf
Course and athletic field lease termination issue. He stated the City has requested
assistance in identifying alternative recreation facilities, help in resolving the
differences between the City and MAC, and any advice in increasing cooperation of
MAC.
x
The City filed a lawsuit on November 18 in Hennepin County District Court
charging that the MAC’s decision to terminate the Rich Acres lease violates the
Minnesota Environmental Policy Act.
Council Member Susag reviewed a letter he sent to the MAC regarding their action
and the statements of MAC Chair Sandy Grieve which in part stated: “If you want the City
of Richfield to stop its interference in your affairs, you don’t have to seek new legislation.
All you have to do is obey legislation that currently exists.”
City Manager Prosser urged residents to contact their legislators, the MAC, and the
Metropolitan Council regarding this issue. He invited interested individuals to join with
user groups in identifying replacement recreation facilities.
Item #11LEGISLATIVE REPORT
Discussion was held regarding scheduling in December for a meeting with the
City’s legislators and representatives to discuss legislative initiatives and policies.
Council Member Susag suggested that a separate City Council opportunity to meet
with Hennepin County Commissioner Randy Johnson and Metropolitan Council
Representative, Neil Peterson be arranged in the future in addition to their invitation to the
legislative initiatives meeting.
Item #12COUNCIL DISCUSSION ITEMS
Council Member Susag invited the public to the Richfield Optimists November 27,
7:30 a.m. meeting at the VFW at which Administrative Services Director Devich will
Council Meeting Minutes-10-November 25, 1996
discuss the City budget. He stated that each Wednesday in November the Optimists
program had focused on City issues.
Item #13CLAIMS AND PAYROLL
M/Sandahl, S/Priebe that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 62005-62037; 62781-63196$1,581,383.62
FIRSTAR BANK
Payroll: 100126-100161; 100166-100434$393,351.58
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:47 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager