03-10-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 10, 1997
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
MayorKirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg; Russ
Susag; and Kristal Stokes.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Mike Eastling, City Engineer;
Randy Hughes, Operations Coordinator; Barry Fritz, Police Captain;
Steve Sutter, Fire Marshall/Assistant Chief; William Fillmore, Liquor
Operations Director; Dawn Weitzel, Communications/Special
Projects Assistant; and Corrine Thomson, Assistant City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the Regular City Council Meeting of
February 24, 1997; the minutes of the Special Joint City Council/Richfield School Board
Meeting of March 3, 1997; and the Regular City Council Study Session of March 3, 1997.
Motion carried 5-0.
Council Meeting Minutes-2-March 10, 1997
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Don Cederholm, 6214 Fifth Avenue, discussed concerns and asked questions
regarding the right-of-way impacts on his property related to the proposed I-35W/62
Crosstown Improvement Project.
City Engineer Eastling reviewed the issues related to the I-35W/62 Crosstown
Project and the impacts on the adjacent loop road between Fourth Avenue and Fifth
Avenue. He stated that these changes would result in a reduction of the existing right-of-
way between Mr. Cederholm’s property and the street. He stated that he would be better
able to respond to the specifics of the property with the drawings.
Council Member Susag requested that staff provide information on March 24
regarding the loop road dimensions comparison to the 77th Street loop roads.
Floyd Sandell, 6737 Third Avenue, stated concern that park improvements would
suffer because the construction costs for the fourth liquor store came in over the estimate.
City Manager Prosser reviewed the process by which the City Council makes
annual transfers from the Special Revenue Fund for park and other improvements. He
stated the scheduled park improvements would not be impacted because the construction
costs of the liquor store comes from the fund balance set aside for this purpose.
Mr. Sandell asked for information about the recruitment process for the Public
Safety Director position.
City Manager Prosser outlined the Public Safety Director process as follows:
x
Approximately 50 applications were received.
x
After a review of resumes, applications, and qualifications, 25 applicants were
asked to respond to a request for further information.
x
17 applicants responded to this request. A panel reviewed and scored the
accomplishment records and management profiles.
x
The list was then narrowed to six candidates who were interviewed by a panel.
x
Two finalists were selected.
x
A background review and review of additional information is being conducted.
x
It is anticipated a candidate selection will be presented for Council confirmation
on March 24.
Mr. Sandell stated concern about City vehicles idling and suggested an analysis be
done of related costs.
City Manager Prosser stated that in some instances it may be more effective for
diesel vehicles to idle but that the City does watch this issue.
Council Meeting Minutes-3-March 10, 1997
Item #2CONSIDERATION OF SUPPORT FOR NEW APPROACH PROPOSED BY
I-494 CORRIDOR COMMISSION. C.L. NO. 62
City Manager Prosser reviewed Council Letter No. regarding the new approach
being proposed by the I-494 Corridor Commission for issues related to I-494 corridor
improvements.
Lisa Raduenz, LJR, Inc., consultant to the I-494 Commission, made a presentation
and responded to questions regarding the following issues:
x
Mission Statement - To promote the reconstruction of I-494 from the Minnesota
River to I-94 in order to increase its people moving capacity and improve
mobility for businesses and residents throughout the region.
x
I-494 Corridor attributes
x
I-494 Corridor average daily traffic volumes by segment (1994)
x
Goals and Strategies
1.To position the I-494 Corridor at the top of metro area transportation
priorities.
2.To secure adequate funding to achieve the mission.
3.To build lanes for buses, ridesharing and general use.
4.To increase ridesharing throughout the I-494 Corridor.
5.To support and expand economic opportunity in the I-494 Corridor.
x
I-494 Corridor Commission Governmental Representation
x
Proposed I-494 Corridor Commission Organizational Chart
x
Proposed Executive Committee Organizational Chart
M/Susag, S/Sandahl to support the new approach of the I-494 Corridor
Commission as presented by Lisa Raduenz.
Motion carried 5-0.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
Council Meeting Minutes-4-March 10, 1997
Council Member Rosenberg requested that Item 4E. be removed from the consent
calendar and placed on the regular agenda for discussion.
Mayor Kirsch stated Item 4E. “CONSIDERATION OF APPROVAL OF A NEW
COMMERCIAL KENNEL LICENSE TO OPERATE GROOMING CLINIC FOR PETCO
ANIMAL SUPPLIES INC. DBA PET FOOD WAREHOUSE, 710 WEST 66TH STREET
C.L. 67” would be placed on the regular agenda for consideration as Item 5A.
Larry Wozniczka, 6744 Wentworth Avenue, requested that Item 4C. Be removed
from the consent calendar for discussion.
Mayor Kirsch stated Item 4C. “CONSIDERATION OF APPROVAL OF AWARD OF
CONTRACT FOR CONSTRUCTION OF COLUMBUS AVENUE STORM SEWER
PROJECT TO BARBAROSSA & SONS, INC. IN AMOUNT OF $686,771.60 C.L. 65”
would be placed on the regular agenda for consideration as Item 5B.
A.APPROVED RESOLUTION AUTHORIZING SUPPLEMENTAL AGENCY
AGREEMENTS WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR
77TH STREET IMPROVEMENT PROJECT C.L. 63
RESOLUTION NO. 8444
RESOLUTION AUTHORIZING APPROVAL OF RIGHT OF WAY AGREEMENT
NO. 69490 SUPPLEMENT NO. 2, PRELIMINARY ENGINEERING AGREEMENT
NO. 69489 SUPPLEMENT NO. 2 AND CONSTRUCTION ENGINEERING AGREEMENT
NO. 70967 SUPPLEMENT NO. 5 WITH THE STATE OF MINNESOTA DEPARTMENT OF
TRANSPORTATION REGARDING THE 77th STREET PROJECT
This resolution appears as Resolution No. 8 in Resolution Book No. 67.
B.APPROVED AUTHORIZATION TO REQUEST BOARD OF WATER AND SOIL
RESOURCES HEARING ON MINNEHAHA CREEK WATERSHED DISTRICT
WATER RESOURCES MANAGEMENT PLAN C.L. 64
C.Removed from the consent calendar and placed on the regular agenda for
consideration as Item #5B.
D.APPROVED AWARD OF CONTRACT FOR REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY TO PRECISION LANDSCAPE & TREE, INC. IN
ESTIMATED AMOUNT OF $85,630 C.L. 66
E.Removed from the consent calendar and placed on the regular agenda for
consideration as Item #5A.
Council Meeting Minutes-5-March 10, 1997
F.APPROVED NEW RESIDENTIAL KENNEL LICENSE; 6817 PENN AVENUE;
THREE DOGS C.L. 68
G.APPROVED PUBLIC DANCE LICENSE FOR EL PULSO DE LA VIDA AT ST.
PETER’S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR APRIL 5-26,
1997 C.L. 69
H.APPROVED NEW AUTO DETAILING ESTABLISHMENT LICENSE FOR AUTO
IMAGE, INC., 1201 EAST 66TH STREET C.L. 70
I.APPROVED SECONDHAND GOODS DEALER LICENSE FOR FUNCOLAND, 34
WEST 66TH STREET
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #5FIRST READING CONSIDERATION OF ORDINANCE FOR
AMORTIZATION OF NONCONFORMING OUTDOOR ADVERTISING
DISPLAYS, AMENDING SUBSECTION 416.09, SUBDIVISION 3 OF
RICHFIELD CITY CODE. C.L. NO. 71
City Manager Prosser reviewed Council Letter No. 71 regarding a proposed
ordinance amendment regarding the amortization of nonconforming outdoor advertising
displays; amending Subsection 416.09, Subdivision 3 of the Richfield City Code.
Steve Moore, General Manager of the Hampton Inn, 7745 Lyndale Avenue, asked
about the issue of signs other than billboards which will impact businesses besides
Universal Sign. He asked about the business/Chamber of Commerce/staff/resident
discussion task force which had been suggested at a December Study Session to look at
the City’s sign ordinance and how it compares to other communities.
City Manager Prosser stated the City would be glad to meet with the Chamber
group on this issue.
Steve Lindgren, President of the Richfield Chamber of Commerce, discussed the
concerns of businesses in the ILN Study area indicating their desire for a temporary
exemption until the determination of redevelopment in the area.
City Manager Prosser that the City would review those options and how to
implement them for those in that circumstance.
Council Meeting Minutes-6-March 10, 1997
Mr. Lindgren suggested that the Mayor write a letter inviting businesses to
participate in discussion of the sign ordinance.
Council Member Susag asked if a proposed ordinance can be changed at second
reading.
City Attorney Thomson stated it is allowable if the change is not so substantive as
to change it completely.
City Manager Prosser stated that it was proposed that business signs would be
addressed separately from the billboards.
Michael Cronin, Michael Cronin & Associates, representing Universal Sign,
requested the City Council delay action for 30 days to allow an agreement to be reached
between the City and Universal Sign regarding enforcement of this ordinance without
litigation.
M/Sandahl, S/Susag that this constitute the First Reading of this ordinance
amending Subsection 416.09, Subdivision 3 regarding the amortization of nonconforming
outdoor advertising displays; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the April 14, 1997 City Council meeting.
Council Member Sandahl and Susag amended the motion to change the public
hearing and second reading to be scheduled for the April 28, 1997 City Council meeting.
Motion restated:
M/Sandahl, S/Susag that this constitute the First Reading of this ordinance
amending Subsection 416.09, Subdivision 3 regarding the amortization of nonconforming
outdoor advertising displays; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the April 28, 1997 City Council meeting.
Council Member Rosenberg requested the motion be separated for approval of first
reading and the date of public hearing and second reading because she opposed giving
the additional time for Universal Sign.
Council Member Sandahl and Susag agreed to Council Member Rosenberg’s
request.
M/Sandahl, S/Susag that this constitute the First Reading of this ordinance
amending Subsection 416.09, Subdivision 3 regarding the amortization of nonconforming
outdoor advertising displays.
Motion carried 5-0.
M/Sandahl, Susag that this constitute that the Public Hearing and Second Reading
of the ordinance be scheduled for the April 28, 1997 City Council meeting.
Council Meeting Minutes-7-March 10, 1997
Motion carried 4-1. (Rosenberg opposed)
Item #5BCONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR
CONSTRUCTION OF COLUMBUS AVENUE STORM SEWER PROJECT
TO BARBAROSSA & SONS, INC. IN AMOUNT OF $686,771.60.
C.L. NO. 65
City Manager Prosser reviewed Council Letter No. 65 regarding award of a contract
for construction of Columbus Avenue Storm Sewer Project to Barbarossa & Sons, Inc. In
amount of $686,771.60.
Larry Wozniczka, 6744 Wentworth Avenue, stated concern that the project was
$200,000 over the original estimate. He stated concern that there should be a public
hearing or change in the budget when project costs exceed the estimated budget.
City Manager Prosser stated that the City revises its budget to reflect changes but
will have the City Attorney review the legal issues and procedures related to Mr.
Wozniczka’s question.
Mr. Wozniczka suggested that the two Council Members who were not present at
the last Study Session when the consulting engineer presented the added costs required
to cross the sanitary main on 66th Street, may have cost saving alternatives because they
are engineers.
Council Member Susag stated he was elected as a policy maker not as City
Engineer and he trusts the expert consultants judgement.
Council Member Sandahl noted that his experience in private sector contracts
reveals that cost estimates are often exceeded because of technical or construction
reasons.
Council Member Stokes stated that she was comfortable with Mr. Willenbring’s
presentation.
City Manager Prosser noted that Council Members do receive written materials
even if they are absent from a meeting and also contact staff by phone.
M/Sandahl, S/Stokes to accept the bid minutes/tabulation and award a contract to
Barbarossa & Sons, Inc. in the amount of $686,771.60 for construction of the Columbus
Avenue storm sewer project.
Council Meeting Minutes-8-March 10, 1997
Motion carried 5-0.
Item #5CCONSIDERATION OF APPROVAL OF NEW COMMERCIAL KENNEL
LICENSE TO OPERATE GROOMING CLINIC FOR PETCO ANIMAL
SUPPLIES INC. DBA PET FOOD WAREHOUSE, 710 WEST 66TH
STREET. C.L. NO. 67
City Manager Prosser reviewed Council Letter No. 67 regarding the application of
Petco Animal Supplies Inc., DBA Pet Food Warehouse, 710 West 66th Street, for a new
commercial kennel license.
Council Member Rosenberg stated that she had requested this item be removed
from the consent calendar in order to maintain consistency in her opposition to allowing
animals in retail stores.
M/Susag, S/Stokes to approve granting a new 1997 commercial kennel license for
pet grooming only to Petco Animal Supplies, Inc. dba Pet Food Warehouse, 710 West
66th Street.
Motion carried 3-2. (Rosenberg, Kirsch opposed)
Item #6AIRPORT STATUS REPORT
City Manager Prosser reviewed issues related to the Rich Acres Golf
Course/athletic fields lease litigation and legislation drafted by Senator Dave Johnson.
He discussed an option for Council consideration for the City Council to be willing to drop
the lawsuit related to the lease if an agreement can be reached with MAC. He stated that
if the City of Richfield would prevail in the lawsuit, MAC would be required to wait to begin
notification until completion of the EIS, including issuance of Record of Decision. MAC is
currently projecting that would occur in November 1997, which would mean the facilities
would remain available through April 1999. He suggested an alternative to consider is an
agreement whereby MAC would agree to permit Richfield to continue to use the facilities
through September 30 following the date that the Record of Decision on the EIS is issued
or 180 days whichever is later. He also discussed mitigation issues related to the EIS and
compensation for replacement of the athletic fields.
Council Meeting Minutes-9-March 10, 1997
Discussion followed regarding the formulation and implementation of a plan to
replace the recreation facilities.
It was the consensus of the City Council that the City take the approach described
by the City Manager regarding the Rich Acres Golf Course/athletic fields lease litigation.
Council Member Susag requested that Council Members submit to the City
Manager availability in April for scheduling a meeting with the MAC to discuss airport
issues.
City Manager Prosser reviewed the status of the preparation of ground level noise
information and a mitigation plan related to the North/South runway.
Item #7LEGISLATIVE REPORT
City Manager Prosser reviewed the status of proposed legislation and legislative
initiatives:
x
“This Old Apartment” property tax adjustment
x
Recovery of D.W.I. arrest costs
x
Pension Consolidation - Richfield Fire Relief Association
Council Member Susag reviewed the status of legislation sponsored by the
Metropolitan Council regarding modification to the metropolitan sewer billing system and
service availability charges.
Item #8COUNCIL DISCUSSION ITEMS
Council Member Susag stated that in response to Mr. Sandell’s earlier comments
regarding the use of liquor store profits, he wanted to clarify that liquor store profits are
not required to be used for parks and can be used to fund other improvements or
activities.
Mayor Kirsch encouraged residents to read the Your City newsletter and to call City
staff if they want additional information.
Item #9CLAIMS AND PAYROLL
Council Meeting Minutes-10-March 10, 1997
M/Sandahl, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 64831-64869; 65493-65889$1,497,250.11
FIRSTAR BANK
Payroll:102583-102616; 102656-102920$420,312.93
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