12-09-96 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
December 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; 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; Mike Eastling, City Engineer;
Tom Foley, Transportation Engineer; Gretchen Blank, Leisure
Services Coordinator; Betsy Christensen, Health Administrator;
Steve Sutter, Fire Marshall; Gary Kalstabakken, Police Lieutenant;
Bruce Nordquist, Housing & Redevelopment Manager; Chris Regis,
Finance Manager; Darrel Harman, Golf Course Manager; William
Fillmore, Liquor Operations Director; and Corrine Thomson,
Assistant City Attorney.
Council Meeting Minutes-2-December 9, 1996
APPROVAL OF MINUTES
M/Susag, S/Priebe to approve the minutes of the Regular City Council Meeting of
November 25, 1996; the minutes of the Regular City Council Study Session Meeting of
December 2, 1996; the minutes of the Special City Council Meeting Closed Executive
Session of December 3, 1996; and the minutes of the Special City Council Budget
Meeting of December 4, 1996.
Motion carried 5-0.
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 #2PRESENTATION OF PLAQUE TO DON PRIEBE IN RECOGNITION OF HIS
YEARS OF SERVICE AS AN ELECTED OFFICIAL FOR THE CITY OF
RICHFIELD
Mayor Kirsch read and presented a plaque to Council Member Priebe recognizing
his years of service as an elected official for the City of Richfield.
Council Member Priebe thanked the voters of Richfield for giving him the honor of
representing them.
Item #3PRESENTATION OF CERTIFICATE OF APPRECIATION TO OPTIMISTS
FOR THEIR DONATION OF $800 FOR CHRISTIAN PARK SPIRAL SLIDE
Council Member Susag read and presented a certificate of appreciation to Mitch
Hadley of the Richfield Optimists acknowledging their donation of $800 for the Christian
Park spiral slide.
Council Meeting Minutes-3-December 9, 1996
Item #4PRESENTATION OF BACKSTROM/HANSEN AWARD TO RICH ACRES
GOLF COURSE FROM ADAPTIVE RECREATION/LEARNING EXCHANGE.
C.L. NO. 352
Bruce Mulder, Acting President of the Adaptive Recreation/Learning Exchange
(ARLE), presented the Backstrom/Hansen Award to Jennifer Watson, Adaptive Recreation
Supervisor, and Darrel Harman, Golf Course Manager, in recognition of the Rich Acres
Golf Course program for individuals with disabilities.
Adaptive Recreation Supervisor Watson read a letter from a program participant.
Item #5PRESENTATION OF CERTIFICATE OF APPRECIATION TO SANDY
ROSENOW FOR 24 YEARS OF SERVICE TO THE COMMUNITY
SERVICES COMMISSION AND PARKS AND RECREATION IN CITY OF
RICHFIELD. C.L. NO. 353
Elayne Gilhousen, Chair of the Community Services Commission, read and
presented a Certificate of Appreciation to Sandy Rosenow in recognition of her 24 years
of service to the Community Services Commission.
Item #6 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Priebe to approve the agenda.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A.APPROVED REAPPOINTMENT OF CONNIE MURRAY TO TWO YEAR TERM
AS HEARING EXAMINER C.L. 354
B.APPROVED RESOLUTION ESTABLISHING PERMIT FEE OF $75 FOR
INITIAL INSTALLATION OF COMMERCIAL WIRELESS
TELECOMMUNICATION SERVICE ANTENNAS AND FEE OF $25 WHEN
ADDITIONAL ANTENNA ARE TO BE ADDED TO EXISTING ANTENNA
FACILITY C.L. 355
Council Meeting Minutes-4-December 9, 1996
RESOLUTION NO. 8408
RESOLUTION AUTHORIZING ANTENNA PERMIT FEE
This resolution appears as Resolution No. 8408 in Resolution Book No. 66.
C.APPROVED CONTINUATION OF AGREEMENT WITH CITY OF
BLOOMINGTON FOR PROVISION OF PUBLIC HEALTH SERVICES FOR
CITY OF RICHFIELD FOR 1997. C.L. 356
D.APPROVED CONSULTING CONTRACT WITH BRAUER & ASSOCIATES
FOR SERVICES RELATED TO REPLACEMENT OF RECREATION ASSETS
AT MAC IN AMOUNT NOT TO EXCEED $20,000 C.L. 357
E.APPROVED EXPENDITURE OF UP TO $7,000 FROM 1996 REVISED
BUDGET FOR WALL COVERING, REPLACEMENT CEILING, LIGHTING
FIXTURES AND OFFICE CHAIRS FOR CITY HALL CONFERENCE ROOM
AND CITY MANAGER OFFICE AREAS. C.L. 358
F.APPROVED AWARD OF CONTRACT TO SUNRAM CONSTRUCTION INC.
FOR CONSTRUCTION AND INSTALLATION OF FLOATING BRIDGE AT
WOOD LAKE NATURE CENTER IN AMOUNT OF $80,000 C.L. 359
G.APPROVED AWARD OF CONTRACT TO VIET CONSTRUCTION FOR
EXCAVATION AND STORAGE ON SITE FOR WOOD LAKE DREDGING AND
WETLAND ENHANCEMENT PROJECT AND RESOLUTION REGARDING
NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT
STATEMENT. C.L. 360
RESOLUTION NO. 8409
RESOLUTION ON NEGATIVE DECLARATION OF NEED FOR
ENVIRONMENTAL IMPACT STATEMENT (EIS)
FOR WOOD LAKE DREDGING AND WETLAND RESTORATION PROJECT
This resolution appears as Resolution No. 8409 in Resolution Book No. 66.
H.APPROVED PUBLIC DANCE LICENSE FOR EL PULSA DE LA VIDA AT ST.
PETER’S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR DECEMBER
14 THROUGH DECEMBER 21, 1996. C.L. NO. 361
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #8PUBLIC HEARINGS TO CONSIDER 1997 LIQUOR LICENSE
APPLICATIONS.
Council Meeting Minutes-5-December 9, 1996
City Manager Prosser stated that there were applications for two 1997 Club On-
Sale and Sunday Liquor Licenses, four 1997 On-Sale Wine and 3.2 Malt Liquor Licenses,
and four 1997 On-Sale and Sunday Liquor Licenses on the agenda for Council
consideration. He indicated that staff had prepared a report for each application. He
recommended that Chi Chi’s be considered separately from the other licenses.
The City Council stated that the public hearings would be held concurrently for all
applications except Chi Chi’s and action taken concurrently unless a division was
requested.
No one in attendance wished to speak on any of the applications after the public
hearings were opened by the City Council. Therefore, the City Council closed the public
hearings and took action on the applications excluding Chi Chi’s.
Item #8APUBLIC HEARING TO CONSIDER 1996 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR CHI CHI’S, INC. D/B/A CHI CHI’S MEXICAN
RESTAURANTE, 7717 NICOLLET AVENUE. C.L. NO. 362
City Manager Prosser reviewed Council Letter No. 362 regarding consideration of
the application of Chi Chi’s, Inc. d/b/a Chi Chi’s Mexican Restaurante, 7717 Nicollet
Avenue, for 1997 On-Sale and Sunday Liquor Licenses.
Cornell Moore, attorney from Dorsey & Whitney LLP representing Chi Chi’s,
described and reviewed the steps Chi Chi’s has taken to address the concerns expressed
by the Public Safety Department regarding activities at the restaurant as outlined in his
letter to Betsy Christensen. He reviewed the nature of the Public Safety contacts and
stated that there has been an improvement as a result of actions taken by Chi Chi’s. He
requested that no restrictions be placed on this liquor license.
Betsy Christensen, Health Administrator, reviewed the increase from 1995 to 1996
in Public Safety contacts. She stated the staff recommendation was to approve the
renewal of the 1997 On-Sale and Sunday Liquor Licenses for Chi Chi's Mexican
Restaurante with the following stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That the license is granted only for the time period of January 1, 1997 to March
31, 1997 with a thorough statistical review of Public Safety contacts to be
conducted to determine if Chi Chi's action plan has been successful in
reducing problems at the site. During the month of March 1997 the license
would be revisited by the City Council for consideration of a license for the
remaining portion of 1997.
Council Meeting Minutes-6-December 9, 1996
3.That a tavern license which allows for dancing on the premises not be granted
for 1997.
Lt. Gary Kalstabakken, Richfield Public Safety Department, reviewed and
discussed liquor establishment calls for service data and 1995-1996 comparison data of
the type of service calls at Chi Chi’s. He responded to questions regarding the impact of
dancing on disturbance and crowd control stating that an improvement had been noted
since dancing has not been allowed on the premise. He discussed the requirement for a
liquor establishment to have a tavern license if they allow dancing indicating that it was
found that Chi Chi’s did not have a tavern license.
Cornell Moore stated that Chi Chi’s had a tavern license in 1992 but due to an
oversight resulting from the changes in the parent company, they had not subsequently
renewed it. He suggested that because Chi Chi’s has taken action to address the
problems and that the liquor licenses should be granted either for the full year or at least 6
months. He discussed the proposed changes for the dance area and requested that a
tavern license not be denied for 1997.
Betsy Christensen indicated a tavern license application has not yet been received
from Chi Chi’s.
M/Sandahl, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Priebe, S/Rosenberg to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue, with the following
stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That the license is granted only for the time period of January 1, 1997 to March
31, 1997 with a thorough statistical review of Public Safety contacts to be
conducted to determine if Chi Chi's action plan has been successful in reducing
problems at the site. During the month of March 1997, the license would be
revisited by the City Council for consideration of a license for the remaining
portion of 1997.
3.That a tavern license which allows for dancing on the premises not be granted
for 1997.
Council Member Susag stated that stipulation No. 3 regarding the tavern license
was a separate issue and should not be a part of this issue. He suggested the motion be
amended by deleting stipulation No. 3.
Council Members Priebe and Rosenberg agreed to amend the motion and restated
the motion:
Council Meeting Minutes-7-December 9, 1996
M/Priebe, S/Rosenberg to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue, with the following
stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That the license is granted only for the time period of January 1, 1997 to March
31, 1997 with a thorough statistical review of Public Safety contacts to be
conducted to determine if Chi Chi's action plan has been successful in reducing
problems at the site. During the month of March 1997, the license would be
revisited by the City Council for consideration of a license for the remaining
portion of 1997.
Motion carried 5-0.
Item #8BPUBLIC HEARING TO CONSIDER 1997 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR GROUND ROUND OF MINN. INC. D/B/A THE GROUND
ROUND, 1500 EAST 78TH STREET. C.L. NO. 363
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for The Ground Round of Minn. Inc., 1500 East 78th Street, with the following
stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That proof of their workers’ compensation insurance and liquor liability
insurance is submitted as soon as possible.
Motion carried 5-0.
Item #8CPUBLIC HEARING TO CONSIDER 1997 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR PAISAN INCORPORATED D/B/A KHAN’S MONGOLIAN
BARBEQUE, 500 EAST 78TH STREET. C.L. NO. 364
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-8-December 9, 1996
M/Susag, S/Sandahl to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for Paisan Incorporated d/b/a Kahn’s Mongolian Barbeque, 500 East 78th Street,
with the following stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That their required proof of liquor liability insurance, proof of worker’s
compensation insurance and $10,000 bond information is submitted as soon as
possible.
Motion carried 5-0.
Item #8DPUBLIC HEARING TO CONSIDER 1997 CLUB ON-SALE AND SUNDAY
LIQUOR LICENSES FOR MINNEAPOLIS-RICHFIELD AMERICAN
LEGION POST 435, 6501 PORTLAND AVENUE. C.L. NO. 365
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 Club On-Sale and Sunday
Liquor Licenses to Minneapolis-Richfield American Legion Post 435, 6501 Portland
Avenue, with the following stipulations:
1.That the requirements are met in Resolution No. 7380.
2.That their $10,000 bond is received as soon as possible.
Motion carried 5-0.
Item #8EPUBLIC HEARING TO CONSIDER 1997 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 710 LAKE
SHORE DRIVE. C.L. NO. 366
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 Club On-Sale and Sunday
Liquor Licenses for Fred Babcock V.F.W. Post No. 5555, 710 Lake Shore Drive, with the
following stipulations:
1.That the requirements are met in Resolution No. 7380.
Council Meeting Minutes-9-December 9, 1996
Motion carried 5-0.
Item #8FPUBLIC HEARING TO CONSIDER 1997 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR DF & R OPERATING COMPANY, INC., D/B/A DON
PABLO’S, 980 WEST 78TH STREET. C.L. NO. 367
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for DF & R Operating Company, Inc. D/b/a Don Pablo’s, 980 West 78th Street,
with the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Item #8GPUBLIC HEARING TO CONSIDER 1997 ON-SALE AND SUNDAY LIQUOR
LICENSES FOR AMERICANA DINING CORPORATION D/B/A CHAMPPS
SPORTS CAFE, 790 WEST 66TH STREET. C.L. NO. 368
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale and Sunday Liquor
Licenses for Americana Dining Corporation d/b/a Champps Sports Cafe, 790 West 66th
Street, with the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Item #8HPUBLIC HEARING TO CONSIDER 1997 ON-SALE WINE AND 3.2 MALT
LIQUOR LICENSES FOR GIN NG INC. D/B/A SILVER SPOON
RESTAURANT, 6700 PENN AVENUE. C.L. NO. 369
M/Susag, S/Sandahl to close the public hearing.
Council Meeting Minutes-10-December 9, 1996
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale Wine and 3.2 Malt
Liquor Licenses to Gin Ng Inc., d/b/a Silver Spoon Restaurant, 6700 Penn Avenue, with
the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Item #8IPUBLIC HEARING TO CONSIDER 1997 ON-SALE WINE AND 3.2 MALT
LIQUOR LICENSES FOR KIANG’S RED PEPPER, INC. D/B/A RED
PEPPER CHINESE RESTAURANT, 2902 WEST 66TH STREET. C.L. NO.
370
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale Wine and 3.2 Malt
Liquor Licenses to Kiang’s Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902
West 66th Street, with the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Item #8JPUBLIC HEARING TO CONSIDER 1997 ON-SALE WINE AND 3.2 MALT
LIQUOR LICENSES FOR THE FRENCHMAN’S, 1400 EAST 66TH STREET.
C.L. NO. 371
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl to approve granting the 1997 On-Sale Wine and 3.2 Malt
Liquor Licenses to The Frenchman’s, 1400 east 66th Street with the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Council Meeting Minutes-11-December 9, 1996
Item #9PUBLIC HEARING TO CONSIDER NEW 1997 ON-SALE WINE AND 3.2
MALT LIQUOR LICENSES FOR THOMPSONS FIRESIDE PIZZA, INC.,
6736 PENN AVENUE, PREVIOUSLY LICENSED AS MILLER’S FIRESIDE
PIZZA. C.L. NO. 372
City Manager Prosser reviewed Council Letter No. 372 regarding the application of
Richard Bruce Johnson for a new 1997 On-Sale Wine and 3.2 Malt Liquor Licenses for
Thompson’s Fireside Pizza, Inc. 6736 Penn Avenue, previously Iicensed as Miller’s
Fireside Pizza.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Priebe to approve the granting of 1997 On-Sale Wine and 3.2 Malt
Liquor Licenses for Thompson’s Fireside Pizza, Inc. 6736 Penn Avenue with the following
stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Item #10PUBLIC HEARING TO CONSIDER NEW 1997 ON-SALE 3.2 MALT
LIQUOR LICENSE FOR LAN’S VIETNAMESE RESTAURANT, 7545
LYNDALE AVENUE. C.L. NO. 373
City Manager Prosser reviewed Council Letter No. 373 regarding the application of
Mr. Thang Nguyen for a new 1997 On-Sale 3.2 Malt Liquor Licenses for Lan’s Vietnamese
Restaurant, 7545 Lyndale Avenue.
M/Susag, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Susag, S/Priebe to approve the granting of a 1997 On-Sale 3.2 Malt Liquor
Licenses for Lan’s Vietnamese Restaurant, 7545 Lyndale Avenue, with the following
stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 5-0.
Council Meeting Minutes-12-December 9, 1996
Item #11PUBLIC HEARING TO CONSIDER 1997 PAWNBROKER AND
SECONDHAND GOODS DEALER LICENSE FOR FIREARM SYSTEMS
AND DESIGN D/B/A THE GUN SHOP AND PAWNBROKER, 7529
LYNDALE AVENUE. C.L. NO. 374
City Manager Prosser reviewed Council Letter No. 374 regarding the application of
Firearm Systems and Design d/b/a The Gun Shop and Pawnbroker, 7529 Lyndale
Avenue, for a 1997 pawnbroker and secondhand goods dealer license.
M/Susag, S/Priebe to close the public hearing.
Motion carried 5-0.
M/Susag, S/Priebeto approve the issuance of the 1997 pawnbroker and
secondhand goods dealer license to Firearm Systems and Design d/b/a the Gun Shop
and Pawnbroker, 7529 Lyndale Avenue with the following stipulation:
1.That the $1,500 bond is submitted as soon as possible.
Motion carried 5-0.
Item #12PUBLIC HEARING TO CONSIDER 1997 PAWNBROKER AND
SECONDHAND GOODS DEALER LICENSE FOR PLAZA PAWN, 6414
NICOLLET AVENUE. C.L. NO. 375
City Manager Prosser reviewed Council Letter No. 375 regarding the application of
Plaza Pawn, 6414 Nicollet Avenue, for a 1997 pawnbroker and secondhand goods dealer
license.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag to approve the issuance of the 1997 pawnbroker and
secondhand goods dealer license to Plaza Pawn, 6414 Nicollet Avenue.
Motion carried 5-0.
Council Meeting Minutes-13-December 9, 1996
Item #13CONSIDERATION OF RESOLUTION AWARDING SALE OF $5,075,000
GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES
1996; FIXING FORM AND SPECIFICATIONS; DIRECTING EXECUTION
AND DELIVERY; AND PROVIDING FOR PAYMENT. C.L. NO. 376
City Manager Prosser reviewed Council Letter No. 376 regarding consideration of a
resolution awarding the sale of $5,075,000 General Obligation Taxable Tax Increment
Bonds, Series 1996; fixing form and specifications; directing execution and delivery; and
providing for payment.
Mark Ruff, Ehlers and Associates, Inc. presented and answered questions
regarding the bid tabulation showing Smith Barney, Inc. as the successful bidder at a true
interest rate of 6.8454%. He stated this represents a savings of approximately $20,000
per year over the projected interest rate. He stated the bonds would be paid off by the
future tax increment from the LHN and ILN T.I.F. Districts. Mr. Ruff stated that 50% would
be paid off by the LHN by the year 2000. He responded to questions from Council
Member Priebe regarding the impact to the school district of not paying off the LHN and
ILN Districts early. He summarized and answered questions regarding school district
operating referendum levies, capital referendum levies, the state equalization of revenue,
and the level of possible tax benefit if the LHN and ILN T.I.F. Districts were paid off early.
Council Member Priebe spoke in opposition to this bond sale stating that the T.I.F.
districts should be paid off as soon as the revenue is available so that the full value of the
properties can be put into the tax capacity.
Council Member Sandahl stated that doing what Mr. Priebe advocated would
create a small current benefit while the sale of these bonds would create a larger future
benefit to the community through further development.
Council Member Rosenberg stated that many residents are proud of the new
development and want the City to move forward to continue to keep the community
vibrant.
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. 8410
ARESOLUTION AWARDING THE SALE OF $5,075,000
GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES 1996;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Motion carried 4-1. (Priebe opposed) This resolution appears as Resolution No.
8410 in Resolution Book No. 66.
Council Meeting Minutes-14-December 9, 1996
Item #14CONSIDERATION OF RESOLUTION TO AMEND LETTER OF
UNDERSTANDING BETWEEN CITY OF RICHFIELD AND CITY MANAGER,
ADJUSTING COMPENSATION. C.L. NO. 377
Mayor Kirsch reviewed Council Letter No. 377 regarding consideration of amending
the Letter of Understanding between the City of Richfield and the City Manager regarding
compensation. He stated that the City Council had met in Executive Session on Tuesday,
December 3, 1996 to evaluate and discuss the performance of City Manager Prosser and
matters of compensation.
Council Member Sandahl reported that the result of this meeting is that the City
Council is proposing the following:
1.That the City Manager’s base salary be increased by 3% effective September 1,
1996, and that the City Manager’s base salary be increased by .5% effective the
last pay period of 1996.
2. Employer agrees to a lump sum allotment of 3% of annual gross salary for
investment in retirement funds on September 1 of each year.
3.Direct Steve Devich to set up a 401K retirement plan. This plan would allow the
City Manager to voluntarily contribute up to 3% of his salary. The City will
match on a dollar-for-dollar basis for this contribution.
Council Member Priebe asked about Mr. Prosser response regarding newspaper
reports of his interviewing for a position at another City.
City Manager Prosser stated that he is contacted about interviewing for positions at
other cities from time to time. He stated he had interviewed for the City Manager’s
position recently in Arvada, Colorado but had withdrawn from consideration because he
likes the City of Richfield better.
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. 8411
RESOLUTION AMENDING THE LETTER OF UNDERSTANDING
BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER
Motion carried 5-0. This resolution appears as Resolution No. 8411 in Resolution
Book No. 66.
Council Meeting Minutes-15-December 9, 1996
Item #15CONSIDERATION OF RESOLUTION INCREASING 1996 GENERAL
SERVICES, SPECIALIZED AND MANAGEMENT PAY PLANS BY .5% FOR
LAST PAY PERIOD OF 1996 TO MAINTAIN COMPARABLE WORTH
COMPLIANCE. C.L. NO. 378
City Manager Prosser reviewed Council Letter No. 378 regarding resolutions
increasing the 1996 General Services, Specialized and Management pay plans by .5% for
the last pay period of 1996 to maintain comparable worth compliance.
M/Sandahl, S/Susag that the following resolutions be adopted, that they be spread
in the resolution book and that they be made part of these minutes:
RESOLUTION NO. 8412
RESOLUTION RELATING TO THE 1996 MANAGEMENT
SALARY COMPENSATION PLAN
This resolution appears as Resolution No. 8412 in Resolution Book No. 66.
RESOLUTION NO. 8413
RESOLUTION RELATING TO THE 1996 GENERAL SERVICES
SALARY COMPENSATION PLAN
This resolution appears as Resolution No. 8413 in Resolution Book No. 66.
RESOLUTION NO. 8414
RESOLUTION RELATING TO THE 1996 SPECIALIZED PAY PLAN
This resolution appears as Resolution No. 8414 in Resolution Book No. 66.
Motion carried 5-0.
Item #16CONSIDERATION OF ADOPTION OF 1996 REVISED/1997 PROPOSED
BUDGET AND FINAL TAX LEVY AND RELATED RESOLUTIONS. C.L. NO.
379
City Manager Prosser reviewed Council Letter No. 379 regarding adoption of the
1996 Revised/1996 Proposed budget and final tax levy and related resolutions.
Council Meeting Minutes-16-December 9, 1996
M/Sandahl, S/Susag that the following resolutions be adopted, that they be spread
in the resolution book and that they be made part of these minutes:
RESOLUTION NO. 8415
RESOLUTION AUTHORIZING REVISION OF 1996 BUDGET OF VARIOUS
DEPARTMENTS
This resolution appears as Resolution No. 8415 in Resolution Book No. 66.
RESOLUTION NO. 8416
RESOLUTION ADOPTING A BUDGET AND TAX LEVY
FOR THE YEAR 1997
This resolution appears as Resolution No. 8416 in Resolution Book No. 66.
RESOLUTION NO. 8417
RESOLUTION ESTABLISHING SANITARY SEWER SERVICE RATES AND
CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE
CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST
DUE ACCOUNTS
This resolution appears as Resolution No. 8417 in Resolution Book No. 66.
RESOLUTION NO. 8418
RESOLUTION DESIGNATING CITY’S CONTRIBUTION TOWARD
HEALTH INSURANCE PREMIUM FOR PART-TIME
REGULAR, GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 8418 in Resolution Book No. 66.
RESOLUTION NO. 8419
RESOLUTION RELATING TO THE 1997 MANAGEMENT
SALARY COMPENSATION PLAN
This resolution appears as Resolution No. 8419 in Resolution Book No. 66.
RESOLUTION NO. 8420
RESOLUTION RELATING TO THE 1997 GENERAL SERVICES
SALARY COMPENSATION PLAN
This resolution appears as Resolution No. 8420 in Resolution Book No. 66.
Council Meeting Minutes-17-December 9, 1996
RESOLUTION NO. 8421
RESOLUTION RELATING TO THE 1997 SPECIALIZED PAY PLAN
This resolution appears as Resolution No. 8421 in Resolution Book No. 66.
RESOLUTION NO. 8422
RESOLUTION ESTABLISHING POLICIES, PROCEDURES, AND FEES FOR
THE ASSESSING DIVISION
This resolution appears as Resolution No. 8422 in Resolution Book No. 66.
RESOLUTION NO. 8423
RESOLUTION ADOPTING THE 1997 CAPITAL IMPROVEMENT BUDGET
This resolution appears as Resolution No. 8423 in Resolution Book No. 66.
RESOLUTION NO. 8424
RESOLUTION ADOPTING THE 1998-2002 CAPITAL IMPROVEMENT PROGRAM
This resolution appears as Resolution No. 8424 in Resolution Book No. 66.
RESOLUTION NO. 8425
RESOLUTION AMENDING ESTABLISHED 1997 LICENSE,
PERMIT AND MISCELLANEOUS FEES
PURSUANT TO THE PROVISIONS OF APPENDIX D OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDING RESOLUTION N O. 8314
This resolution appears as Resolution No. 8425 in Resolution Book No. 66.
Motion carried 5-0.
Item #17CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
REZONING 6938-40 AND 6944-46 CEDAR AVENUE FROM TWO FAMILY
RESIDENCE TO GENERAL COMMERCIAL. C.L. NO. 380
City Manager Prosser reviewed Council Letter No. 380 regarding the proposed
rezoning of 6938-40 and 6944-46 Cedar Avenue from MR-1 (two family residence) to C-2
(general commercial). He stated the rezoning would enable the applicant to demolish the
Council Meeting Minutes-18-December 9, 1996
two duplexes currently located on the properties and construct an 8,594 square foot
addition onto the existing automotive repair building at 6958 Cedar Avenue. He stated the
addition would add 6 service bays, 4,750 square feet of warehouse space and 500 square
feet of office space to the building. He indicated this would result in a 13,622 square foot
building with 12 service bays, office and warehouse space.
Council Member Priebe stated that he supported changing the residential uses
along Cedar Avenue to commercial. He indicated he had received a call from a resident
who lives to the west of this property on 18th Avenue who had concerns about the
building and buffering. He suggested City staff meet with the adjacent property owners to
resolve any concerns.
M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance
amendment rezoning 6938-40 and 6944-46 Cedar Avenue from MR-1 to C-2; to set a
Public Hearing and Second Reading of the ordinance for the January 13, 1997 City
Council meeting; and to direct staff to explore the vacation of 17 feet of right-of-way along
Cedar Avenue and order an appraisal of the property for a potential sale to the applicant.
Council Member Priebe suggested that the motion be amended to direct staff to
meet with the adjacent property owners to the west regarding their concerns about this
proposal and buffering. Council Members Sandahl and Rosenberg accepted this
amendment to their motion. The motion was restated:
M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance
amendment rezoning 6938-40 and 6944-46 Cedar Avenue from MR-1 to C-2; to set a
Public Hearing and Second Reading of the ordinance for the January 13, 1997 City
Council meeting; and to direct staff to explore the vacation of 17 feet of right-of-way along
Cedar Avenue and order an appraisal of the property for a potential sale to the applicant;
and to direct staff to meet with the adjacent property owners to the west regarding their
concerns about this proposal and buffering.
Motion carried 5-0.
Item #18CONSIDERATION OF IMPROVEMENT PLAN FOR 76TH STREET
BETWEEN SHERIDAN AVENUE AND XERXES AVENUE. C.L. NO. 381
Traffic Engineer Tom Foley reviewed Council Letter No. 381 recommending that
the City Council approve Option 1 for improvements to 76th Street between Sheridan
Avenue and Xerxes Avenue. He discussed the benefits related to Option 1 which
provides for the following:
x
Resurfacing the roadway at the current width.
x
Replacing the four way stop signs at Sheridan Avenue and Vincent Avenue with
one traffic signal at Upton Avenue.
Council Meeting Minutes-19-December 9, 1996
M/Susag, S/Rosenberg to approve a plan to resurface the 76th Street roadway
between Sheridan Avenue and Xerxes Avenue at its present width, remove the four way
stop signs at Sheridan Avenue and Vincent Avenue, and install a traffic signal at Upton
Avenue and 76th Street.
Motion carried 5-0.
Item #19CONSIDERATION OF RECOMMENDATION TO REVOKE CONDITIONAL
USE PERMIT THAT ALLOWS MOTOR VEHICLE REPAIR AT 7608 KNOX
AVENUE (CONTINUED FROM OCTOBER 14, 1996). C.L. NO. 382
City Manager Prosser reviewed Council Letter No. 382 recommending the
revocation of a conditional use permit (CUP) which allows motor vehicle repair at 7608
Knox Avenue.
Mark Nichols, 8917 Xerxes Avenue, owner of the property at 7608 Knox Avenue,
stated that his tenant, Minnesota Taxi, had created a problem by violating the conditional
use permit, however, actions have been taken to resolve these issues which seems to
have solved the problem. He stated both adjacent businesses are now satisfied with the
situation. He stated it appears that the only time there are additional vehicles is when
they are parked in front of the bays waiting to be repaired during business hours which is
typical at a repair facility. Mr. Nichols indicated no vehicles are parked overnight.
Mr. Nichols stated that he understood that the Zoning Administrator had to enforce
the conditional use permit as it was issued with no leeway.
Council Member Sandahl stated that it appears the operation is not causing any
problems now and asked if there options for the Council to allow it to remain.
City Attorney Thomson stated that the City Council has three options: 1) revoke
the CUP for non-compliance, 2) do nothing and overlook the non-compliance (this would
create future enforcement problems), or 3) amend the CUP.
Council Member Sandahl suggested that the CUP could be modified to allow some
additional cars during the day in the lot but no overnight storage.
City Manager Prosser suggested that the City Council could refer the matter to the
Planning Commission for their recommendation regarding possible amendment of the
CUP.
Council Member Susag stated he would like to see a restriction on the number of
cars, that they be allowed only during the business hours, and that they be operable
vehicles. He stated support for sending the issue to the Planning Commission.
Council Meeting Minutes-20-December 9, 1996
Council Member Priebe stated that it appears the adjacent neighbors are satisfied
and noted that the auto business at Diagonal and Cedar Avenues has cars parked on the
street during the day but removes them at night.
M/Susag, S/Kirsch to remand the issue of the conditional use permit that allows
motor vehicle repair at 7608 Knox Avenue to the Planning Commission for their review
and recommendation to the Council regarding possible amendment of the CUP.
Motion carried 5-0.
Item #20CONSIDERATION OF PROGRESS REPORT AND DEVELOPMENT
CONCEPT FOR JOINTLY USED VFW AND AMERICAN LEGION FACILITY
WITH BANQUET SPACE. C.L. NO. 383
Community Development Director Palmborg reviewed Council Letter No. 383
presenting a status report on the development concept for a jointly used VFW and
American Legion facility with banquet space. He answered questions regarding potential
funding options and potential redevelopment of the current VFW and American Legion
sites.
Council Member Sandahl indicated a preference for financing options other than
tax increment financing if possible.
Council Member Priebe stated opposition to the HRA ownership option.
City Manager Prosser stated that this option was only left on the list of possible
alternatives because the service clubs wanted it listed with all options to be considered;
City staff did not suggest or advocate this option.
Council Member Priebe suggested the focus should be on the benefit to the
community at large by the redevelopment of the two sites.
It was the consensus of the City Council to continue the planning process for the
facility.
Item #21AIRPORT STATUS REPORT
City Manager Prosser stated the City has communicated with the Metropolitan
Council staff regarding assistance and intervention with MAC regarding the Runway 4-22
and Rich Acres Golf Course/athletic field lease termination. Mr. Prosser encouraged City
residents to contact the City’s Metropolitan Council Representative Neil Peterson and
MAC Representative John Himle regarding these issues.
Council Meeting Minutes-21-December 9, 1996
Item #22LEGISLATIVE REPORT
City Manager Prosser stated that the City Council will be meeting with the City’s
legislators on December 16 at 7:30 p.m. to discuss the City’s 1997 Legislative Initiatives
and Policies.
Item #23COUNCIL DISCUSSION ITEMS
Council Member Priebe discussed his tenure as Council Member and on-going
issues of interest.
Item #24CLAIMS AND PAYROLL
M/Rosenberg, S/Priebe that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 62038-63233; 63323-63644$1,300,545.52
NORWEST BANK
Checks: 1250$75,000.00
FIRSTAR BANK
Payroll: 100435-100469; 100474-100724$413,018.23
Motion carried 5-0.
ADJOURNMENT
M/Priebe, S/Susag to adjourn the meeting.
Motion carried 5-0.
The meeting was adjourned at 9:05 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager