03-24-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
March 24, 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
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Michael Sandahl; Russ Susag; and Kristal
Stokes.
Members Absent:Susan Rosenberg.
City Manager Prosser stated that Council Member Rosenberg had called to inform
him that she was ill and would be unable to attend tonight’s meeting.
M/Sandahl, S/Stokes to determine the absence of Council Member Rosenberg as
an excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Thomas Ferber, City Clerk; Bruce
Palmborg, Community Development Director; Randy Hughes,
Operations Coordinator; Steve Sutter, Fire Marshall/Assistant Chief;
William Fillmore, Liquor Operations Director; Tom Foley,
Transportation Engineer; Larry Miller, Principal Appraiser; Chris
Regis, Finance Manager; Rick Regnier, Acting Chief Building
Official; Dawn Weitzel, Communications/Special Projects Assistant;
and Corrine Thomson, Assistant City Attorney.
Council Meeting Minutes-2-March 24, 1997
APPROVAL OF MINUTES
M/Susag, S/Sandahl to approve the minutes of the Special City Council Meeting of
March 10, 1997 and the minutes of the Special Joint City Council/HRA/Planning
Commission/Community Services Commission Meeting of March 17, 1997.
Motion carried 4-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the City Council.
Item #2 COUNCIL APPROVAL OF AGENDA
Council Member Sandahl requested that consent calendar Item 3A. be placed on
the regular agenda for consideration.
Council Member Stokes requested consent calendar Item 3C. be placed on the
regular agenda for consideration.
Mayor Kirsch stated that the agenda would be amended as follows:
1.That Item 3A. Consideration of a Request for Off-Street Parking Permit, 6724
Penn Avenue be removed from the consent calendar and placed on the regular
agenda for consideration as Item #12A.
2.That Item 3C. Consideration of Approved Plans for Sheridan Park
Improvements, City Project No. 420-40752 be removed from the consent
calendar and placed on the regular agenda for consideration as Item #12B.
M/Sandahl, S/Susag to approve the agenda as amended.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
Council Meeting Minutes-3-March 24, 1997
A.Removed from the consent calendar and placed on the regular agenda as Item
#12A.
B.APPROVED OF AN AGREEMENT FOR ASSESSMENT SERVICES WITH
HENNEPIN COUNTY. C.L. 74
C.Removed from the consent calendar and placed on the regular agenda as Item
#12B.
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #4PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION
REGARDING A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF AN ACCESSORY CAR WASH, 6601 PENN AVENUE.
C.L. NO. 76
City Manager Prosser reviewed Council Letter No. 76 regarding a request for a
conditional use permit to allow the addition of an accessory car wash to the Amoco gas
station at 6601 Penn Avenue. He summarized how the applicant proposed to address the
following issues:
x
Noise buffering
x
Traffic flow
x
Trash storage
x
Icing on streets and sidewalks
Douglas Garin, 5001 West 80th Street #890, regional engineer for Amoco,
described the proposed car wash technology and site improvements.
Jeff Birch, 2400 Crestmount Lane, representing his mother who owns 6600 Oliver
Avenue, asked questions regarding noise relating to whether the car wash door would be
open, the height of the proposed fence, and how the new fence would be integrated with
the existing fence at 6600 Oliver Avenue.
Mr. Garin described the car wash operation, landscape buffering, and noise control
measures. He indicated flexibility regarding the height, design, and integration with the
existing fence. He indicated it was proposed that the existing fence along the east
property line would be replaced with a new six foot wood fence designed to provide
greater sound insulation than the existing fence with a basketweave design.
City Manager Prosser stated that one stipulation of the proposed conditional use
permit was that a mechanism be installed to delay the doors from opening for 15 seconds
after a wash cycle. He stated the doors must be closed during use of the car wash.
Council Meeting Minutes-4-March 24, 1997
Discussion followed regarding the issue of fencing along the property line. It was
the consensus of the City Council that the applicant work with adjacent property owners to
reach agreement on an acceptable landscape and fencing plan, with the stipulation that
this plan be approved by City staff.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Susag, S/Stokes 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. 8445
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT FOR
6601 PENN AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 8445 in Resolution
Book No. 67.
Item #5PUBLIC HEARING REGARDING A CONDITIONAL USE PERMIT TO
ALLOW CONSTRUCTION OF A 150-FOOT TELECOMMUNICATIONS
TOWER, 200 WEST 78TH STREET. C.L. NO. 77
City Manager Prosser reviewed Council Letter No. 77 regarding the request of U.S.
Tower Providers for a conditional use permit to allow construction of a 150 foot
telecommunication tower at 200 West 78th Street. He summarized the basis of staff’s
recommendation to deny the request.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Stokes to deny the request of U.S. Tower Providers for a conditional
user permit for construction of a 150 foot telecommunications tower at 200 West 78th
Street; and, to direct staff to prepare a resolution as findings of fact for denial of the
conditional use permit.
Motion carried 4-0.
Council Meeting Minutes-5-March 24, 1997
Item #6PUBLIC HEARING TO CONSIDER THE RENEWAL OF LIQUOR LICENSE
FOR THE REMAINDER OF 1997 FOR CHI CHI’S, INC. D.B.A. CHI CHI’S
MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE. C.L. NO. 78
City Manager Prosser reviewed Council Letter No. 78 regarding the renewal of a
1997 on-sale and Sunday liquor license for Chi-Chi’s, Inc. d/b/a Chi Chi’s Mexican
Restaurante, 7717 Nicollet Avenue, for the remainder of 1997. He also reviewed Council
Letter No. 79 regarding the related issue of Chi Chi’s application for a new 1997 tavern
(dance) license.
M/Sandahl, S/Susag to combine and conduct concurrently the public hearings for
consideration of the renewal of Chi Chi’s liquor license for the remainder of 1997 and
application for a tavern license.
Motion carried 4-0.
Cornell Moore, Dorsey & Whitney LLP, 220 South Sixth Street #1900, attorney
representing Chi Chi’s, reviewed the action plan and results achieved in addressing the
City’s concerns about the number of Public Safety contacts at Chi-Chi’s.
THE
The store. It is a nice store.
Council Member Stokes requested that the City Council be provided with a
quarterly report of the public safety statistics.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Susag to approve the renewal of the 1997 on-sale and Sunday liquor
licenses for Chi Chi’s, Inc., d/b/a/ Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue,
for remainder of 1997, with the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 4-0.
Item #7CONTINUATION OF A PUBLIC HEARING TO CONSIDER APPLICATION
FOR A NEW TAVERN (DANCE) LICENSE FOR CHI CHI’S INC. D.B.A. CHI
CHI’S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE (CONTINUED
FROM FEBRUARY 10, 1997). C.L. NO. 79
Council Meeting Minutes-6-March 24, 1997
The public hearing and discussion for this item was held concurrently with Agenda
Item #6.
Council Meeting Minutes-7-March 24, 1997
M/Susag, S/Sandahl to approve the granting of a 1997 tavern (dance) license for
Chi Chi’s Inc., d/b/a Chi Chi’s Mexican Restaurante, 7717 Nicollet Avenue.
Motion carried 4-0.
Item #8CONSIDERATION OF A RESOLUTION REGARDING AN AGREEMENT
BETWEEN THE OFFICE OF TRAFFIC SAFETY IN THE MINNESOTA
DEPARTMENT OF PUBLIC SAFETY AND THE PUBLIC SAFETY
DEPARTMENT PERTAINING TO SAFE & SOBER COMMUNITIES
PROGRAM. C.L. NO. 80
City Manager Prosser reviewed Council Letter No. 80 regarding authorization to
accept grant funds to be used for payment of overtime for officers involved in the Safe &
Sober Communities project and authorization for the City Manager to execute the
agreement.
M/Stokes, 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:
RESOLUTION NO. 8446
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS
Motion carried 4-0. This resolution appears as Resolution No. 8446 in Resolution
Book No. 67.
Item #9CONSIDERATION OF RESOLUTION APPROVING FINAL LAYOUT FOR
THE EXTENSION OF I-35W HOV LANE FROM I-494 TO 42ND STREET.
C.L. NO. 81
City Manager Prosser reviewed Council Letter No. 81 regarding consideration of a
resolution approving the layout for the extension of the high occupancy vehicle (HOV)
lane on I-35W from I-494 to 42nd Street in Minneapolis.
Traffic Engineer Foley recommended that the City Council approve the proposed
design subject to the following conditions:
1.An Aesthetic Design Review Committee containing representatives of
Minneapolis, Richfield and the Minnesota Department of Transportation must be
formed and must review all aesthetic design elements of the proposed project.
Council Meeting Minutes-8-March 24, 1997
2.Residents in Richfield neighborhoods where a noise analysis has indicated new
noise walls be located must be given an opportunity to advise the Richfield City
Council on the desirability of adding new noise walls.
3.The location and financing of a storm water treatment pond in the area of
Richfield Lake for highway runoff must be resolved to the City’s satisfaction.
4.The administration of land acquisition and relocation for the storm water pond
should be delegated to the City to improve the City’s ability to coordinate possible
redevelopment.
5.The freeway design must take into account drainage problems identified by
residents served by the alley serving 6400 and 6500 blocks of Emerson Avenue.
6.The provision of transit facilities along I-35W between 66th Street and Nicollet
Avenue must be resolved to the mutual satisfaction of the cities of Minneapolis
and Richfield.
7.Improvements to local streets that serve as gateway entrances at 66th Street and
Lyndale Avenue must be submitted for approval to the City Council.
8.Adequate space should be provided for a possible pedestrian/bikeway bridge at
68th Street crossing over I-35W.
9.The Soo Line tunnel should be designed to allow for its future use as a
pedestrian/bikeway trail.
10.The freeway underpasses for 66th Street, Lyndale Avenue, and Nicollet Avenue
must be designed to provide adequate width for bicyclists and pedestrians to
travel safely.
11.The problem of inadequate sidewalks on the 76th Street bridge over I-35W
should be corrected as part of any major structural improvements to the bridge.
12.The extension of the third lane from I-494 will reintroduce operational problems at
the I-494/I-35W interchange that should add great urgency to reconstructing the
interchange.
13.Provide Don Cederholm of 6214 Fifth Avenue additional time to review the impact
of the design on his property.
Don Cederholm, 6214 Fifth Avenue, discussed his concerns about the potential
impact of the project on his property. He discussed his opinions regarding contacts with
Mr. Josephson from MnDOT and City Engineer Eastling. He stated he felt that the road
adjacent to his property could just be straightened out or a cul-de-sac could be put at the
end of Fifth Avenue. He discussed the placement of cul-de-sacs in other parts of the City.
He indicated opposition to any change in the boulevard next to his property.
Council Meeting Minutes-9-March 24, 1997
Joseph and Wendy Capetz, 6227 Wentworth Avenue, stated that they purchased
their home in September and were not aware of the project until recently. They stated
they felt the project was moving forward too fast and were concerned that residents may
not have had a chance to adequately review the issues. They asked that the Council
postpone action to allow further neighborhood discussion. They expressed concerns
regarding the design and location of the wall.
Doris Rubenstein, 6515 Emerson Avenue #5, spoke in support of the scaled down
I-35W project and alignment of the Crosstown commons. She discussed the recent
informational meeting at St. Peter’s regarding the Richfield Lake area. She noted that
there has been a substantial amount of discussion, concern, and curiosity about what is
going to happen and that she was pleased to see in the resolution a provision for resident
input.
Council Member Susag reviewed the long history of the proposal to reconstruct and
expand I-35W with the subsequent scaling back due to the lack of funding. He stated the
City Council has always been concerned about the congestion impact of the diversion of
traffic to local streets and the potential loss of homes. He stated the project has not
moved with the speed of light but has been discussed over a number of years. He stated
MnDOT has done a good job of trying to solve the I-35W problems with a minimal right-of-
way impact and funding.
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. 8447
RESOLUTION APPROVING THE LAYOUT FOR THE EXTENSION OF
HIGH OCCUPANCY VEHICLE LANE ON I-35W FROM I-494
TO 42ND STREET IN MINNEAPOLIS, MINNESOTA
Motion carried 4-0. This resolution appears as Resolution No. 8447 in Resolution
Book No. 67.
City Manager Prosser stated that mediation would be used to resolve the issues
with Mr. Cederholm. He stated that planning consultant Tom Martinson had done a report
on sound wall function and design which may be of assistance in design of the wall and
resolving the concerns of Mr. & Mrs. Capetz. He stated that the task force review of
aesthetic design elements of the project should be helpful in this process noting that
MnDOT is open to wall design ideas.
Item #10CONSIDERATION OF RESOLUTION AMENDING THE ALLOCATION
OF THE 1996 GENERAL FUND BUDGET. C.L. NO. 82
Council Meeting Minutes-10-March 24, 1997
City Manager Prosser reviewed Council Letter No. 82 regarding authorization to
amend the 1996 General Fund Budget by the transfer of appropriations from the General
Government (Legislative/Executive) Department, Utility and Engineering Department and
the Recreation Services Department to the Community Development and Maintenance
Services Departments.
M/Susag, S/Stokes 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. 8448
RESOLUTION AUTHORIZING REVISION OF 1996
BUDGETS OF VARIOUS DEPARTMENTS
Motion carried 4-0. This resolution appears as Resolution No. 8448 in Resolution
Book No. 67.
Item #11CONSIDERATION OF FIRST READING OF AMENDMENTS TO
RICHFIELD CITY CODE SECTION 400 AND SECTION 700 UPDATING
THE CITY’S BUILDING REGULATIONS. C.L. NO. 83
City Manager Prosser reviewed Council Letter No. 83 regarding proposed
ordinance amendments to update the City Code to reflect the latest version of the State
Building Code and State Plumbing Code.
M/Sandahl, S/Susag that this constitute the First Reading of these ordinance
amendments to Section 400 and Section 700 updating the City’s building regulations, and
that the Public Hearing and Second Reading of the ordinance be scheduled for the April
14, 1997 City Council meeting.
Motion carried 4-0.
Item #12CONSIDERATION OF FIRST READING OF RICHFIELD CITY CODE
SECTION 400 AMENDMENT UPDATING THE CITY’S FIRE CODE.
C.L. NO. 84
City Manager Prosser reviewed Council Letter No. 84 regarding a proposed
ordinance amendment to adopt the latest version of the Uniform Fire Code and stated
references as the fire prevention code of the City.
Council Meeting Minutes-11-March 24, 1997
M/Sandahl, S/Susag that this constitute the First Reading of this ordinance
amendment to Section 400 updating the City’s Fire Code; and that the Public Hearing and
Second Reading of the ordinance be scheduled for the April 14, 1997 City Council
meeting.
Motion carried 4-0.
Item #12ACONSIDERATION OF A REQUEST FOR OFF-STREET PARKING
PERMIT, 6724 PENN AVENUE. C.L. NO. 73
City Manager Prosser reviewed Council Letter No. 73 regarding the request of
2010 Dentistry for an off-street parking permit to allow construction of a 5,740 foot dental
office at 6724 Penn Avenue. He stated the staff recommended approval with the following
stipulations:
1.That the final landscape plan be approved by the Community Development Director
and a cash escrow submitted.
2.That the final design for the building be consistent with the PASSS design
guidelines, as approved by the Community Development Director.
3.That a sediment and erosion control plan be approved by the City Engineer.
4.That a stormwater management plan be approved by the City Engineer.
5.That the Hearing Examiner grant front yard and parking lot setback variances to the
proposed project.
Frank Mork, 2010 West 66th Street, representing 2010 Dentistry, reviewed the
selection of this property for this proposal indicating the desire for a warm, inviting
building design with a pitched roof.
Scott Mower, Progressive Architects, 275 East Fourth Street #530, reviewed
drawings of the building design alternatives and reasons why a pitched roof is preferred
over the flat roof which was suggested by the Community Development Department in
order to be consistent with the PASSS design guidelines.
Council Member Sandahl suggested that City staff and the applicant sit down in
mediation to resolve the design issues. He suggested that if these issues can’t be
resolved through mediation, the issue could come back to the Council.
Council Member Susag indicated that the applicant’s closing was April 14 so that
timing is an issue.
Council Meeting Minutes-12-March 24, 1997
Council Member Sandahl suggested that the Council could approve the request
contingent upon resolution of the design issue and if it had to come back to the Council a
special meeting was already scheduled for March 31.
M/Sandahl, S/Stokes approve the request for an off-street parking permit to allow
construction of a dental office at 6724 Penn Avenue with the following stipulations:
1.That the final landscape plan be approved by the Community Development Director
and a cash escrow submitted.
2.That the approval is contingent upon the acceptable determination of the final
design for the building through mediation.
3.That a sediment and erosion control plan be approved by the City Engineer.
4.That a stormwater management plan be approved by the City Engineer.
5.That the Hearing Examiner grant front yard and parking lot setback variances to the
proposed project.
Motion carried 4-0.
Item #12BCONSIDERATION OF APPROVAL OF PLANS FOR SHERIDAN PARK
IMPROVEMENTS, CITY PROJECT NO. 420-40752. C.L. NO. 75
City Manager Prosser reviewed Council Letter No. 75 regarding the approval of the
plans and specifications and authorization of an advertisement for bids for the Sheridan
Park Redevelopment Project.
Barry Warner, SRF Consulting Group, 1 Carlson Parkway N. Suite 150, reviewed
the proposed park concept plan and design elements.
City Manager Prosser stated that $400,000 from the Special Revenue Fund had
been allocated for this project.
M/Stokes, S/Sandahl to order City Project No. 420-40752, approve the plans and
specifications, and authorize the advertisement for bids for the Sheridan Park
Redevelopment Project.
Motion carried 4-0.
Council Meeting Minutes-13-March 24, 1997
Item #13COUNCIL RECEIPT OF THE UNAUDITED 1996 FINANCIAL REPORT
C.L. NO. 85
City Manager Prosser reviewed Council Letter No. 85 presenting the unaudited
1996 Financial Report to the City Council.
Council Member Susag discussed a recent newspaper article regarding the debt
load of the City of Cambridge.
City Manager Prosser reviewed the City’s practice of maintaining a reasonable fund
balance in order to be able to respond to emergencies and avoid drastic fluctuations in
taxes.
Finance Manager Regis reviewed the status of the City’s bond indebtedness.
Council Member Stokes acknowledged the efforts of City staff in staying below
budget.
Item #14AIRPORT STATUS REPORT
City Manager Prosser reviewed a letter from Nigel Finney, Deputy Executive
Director of the Metropolitan Airports Commission, regarding the proposed changes to the
golf course/athletic fields lease between MAC and the City. Mr. Finney stated in the letter
that the MAC staff recommendation would include the approval of an amendment to the
lease incorporating the language mutually agreed on and withdrawal of the previously
issued notice of termination, subject to the City withdrawing its lawsuit related to this
matter.
City Manager Prosser discussed the status of the planning process for the
replacement of the recreational assets of the ballfields, community gardens, and golf
course. He acknowledged the assistance of the Metropolitan Council in this process.
City Manager Prosser stated that the City is proceeding with the preparation of
ground level noise information and a mitigation plan related to the North/South runway.
Council Member Susag presented a proposal for a joint meeting with the
Metropolitan Airports Commission to be held April 21 from 4:00 - 6:00 p.m. at the MAC
offices. He stated the purpose of the meeting was for a dialogue between policy bodies to
establish a cooperative working relationship, while understanding and respecting
individual positions. He indicated the agenda for the meeting would include a review of
the roles of each organization along with discussion of issues related to recreational
leases, runway 4-22 EIS litigation, and the proposed North-South runway.
Council Meeting Minutes-14-March 24, 1997
Dawn Weitzel, Communications/Special Projects Assistant, reported that the MAC
has postponed until next year the reconstruction of the parallel runway, therefore Richfield
will not experience the anticipated increased noise this summer which would have
occurred with the shift to other runways during construction.
Item #15LEGISLATIVE REPORT
City Manager Prosser reviewed the status of the following legislative issues:
x
Despite the state budget surplus the legislature may reduce aids to cities.
x
Significant changes in tax increment financing rules may impact the City’s ability to
encourage redevelopment.
x
“This Old Apartment” legislation
x
Pension consolidation - Richfield Fire Relief Association
Item #16COUNCIL DISCUSSION ITEMS
Council Member Sandahl discussed the difficulties for traffic exiting the Shops at
Lyndale development to go westbound on 77th Street. He requested that City staff
provide a report on this issue and alternatives at a City Council Study Session.
Council Member Susag requested that at the same time staff report on what
remains to be completed at the Shops at Lyndale and the pedestrian access/circulation
plan for the area.
Council Member Susag requested City staff to review the possibility and feasibility
of the City providing towers for lease for telecommunication antenna.
Council Member Susag stated that he had requested the Academy of Holy Angels
to provide a report to the City Council on the first season of the operation of the Stardome.
Item #17CLAIMS AND PAYROLL
M/Sandahl, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 64870-65903; 65992-66332$1,210,946.35
FIRSTAR BANK
Council Meeting Minutes-15-March 24, 1997
Payroll: 102925-103217$412,651.14
Motion carried 4-0.
ADJOURNMENT
City Manager Prosser announced that a Special City Council Meeting has been
scheduled for Monday, March 31, 1997 at 5:30 p.m. in the Council Chambers. He stated
the purpose of the meeting was for Council consideration of confirming the City Manager’s
appointment of a Public Safety Director.
The meeting was adjourned by unanimous consent at 9:04 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager