04-28-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 28, 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
Cub Scouts Matt Kemp, James Gunter, and Den Leader Roger Gunter from Cub
Scout Pack #384 of Woodlake Church presented the colors and 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, Public Works
Director; Gretchen Blank, Acting Recreation Services Director;
Steve Sutter, Fire Marshall/Assistant Chief; William Fillmore, Liquor
Operations Director; and Corrine Thomson, Assistant City Attorney.
APPROVAL OF MINUTES
Council Meeting Minutes-2-April 28, 1997
M/Susag, S/Stokes to approve the minutes of the Regular City Council Meeting of
April 14, 1997; and the minutes of the Special City Council Meeting with MAC of April 21,
1997.
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Sandra Mueller, 6521 Fifth Avenue, stated concerns about traffic and property
values related to the possible location of a group home next door to her property. She
indicated that the City’s zoning ordinance was ambiguous in stating group homes should
be a quarter of a mile apart and suggested this ordinance be changed to increase the
distance or restrict group homes to locating on arterial streets.
Council Member Susag suggested that discussion of the issues of regulation, state
law, federal law, and local authority related to group homes be scheduled for the June
City Council Study Session. He indicated interested citizens are encouraged to attend
and suggested staff notify Ms. Mueller of the meeting.
City Manager Prosser stated that very few complaints are received related to group
homes and that concerns about reduced property value have not been realized.
Doris Westergren, 6526 Fifth Avenue, stated concerns and opposition to the
possible location of a group home on her block.
City Manager Prosser stated that state and federal law preclude the City from
regulating licensed group homes with six or less residents.
Nel Johnson, teacher at the Richfield Intermediate School, announced the
registration for her Academic Volunteer Summer School Program. She announced that
her students had initiated a book collection project to assist flood victims. Students Bryan
Flood, Tom Bishop, Joe Miller, Jessica Lockwood, and Josh Berndtson requested
residents to donate books for the program indicating drop off sites were located at City
Hall, the Augsburg Park Library, and Richfield Public Schools.
Robert C. Erickson, 647 Callan Street, representing the Academy of Holy Angels,
reported on the first season of operation and use of the AHA Stardome facility.
Council Member Susag asked about the status of completion of the project.
Mr. Erickson indicated that clean up, regrading, and hydroseeding of the drainage
pond area will be completed this spring.
Council Meeting Minutes-3-April 28, 1997
Council Member Rosenberg asked about the status of litigation related to the
Stardome.
Mr. Erickson stated the litigation was still pending.
Council Member Stokes asked if the parking for the Stardome activities had been
adequate.
Mr. Erickson stated that AHA has an agreement with St. Peter’s for use of their
parking lot and that this has provided adequate parking for Stardome events.
Donald M. Cederholm, 6214 Fifth Avenue, stated concerns about the potential loss
of boulevard property related to the proposed I-35W/62 Crosstown improvements and City
Code provisions related to boulevards. He stated the road has served them well for 30
years, the state doesn’t need the additional property, and that most of the people on the
block are retired and don’t want any changes. He stated opposition to any change in the
roadway and to a walkway between Fifth Avenue and Portland Avenue because he felt all
it would do is to bring in more of those south Minneapolis people and he didn’t want that
to happen.
Council Member Susag noted that the City ordinances provide for a variable
boulevard size.
Item #2ACCEPTANCE OF ELEVEN YEAR AWARD RECOGNIZING CITY OF
RICHFIELD AS A TREE CITY USA. C.L. NO. 106
Public Works Director Eastling reviewed Council Letter No. 106 regarding the
designation of the City of Richfield as a Tree City USA for the eleventh straight year in
recognition of meeting the four required standards of having a tree board or department, a
City tree ordinance, a comprehensive community forestry program, and an Arbor Day
observance.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes-4-April 28, 1997
Item # CONSENT CALENDAR
A.APPROVED RESOLUTION RELATED TO IMPROVED TRAFFIC CONTROL
SIGNALIZATION AT I-35W WEST RAMP AT 76TH STREET IN CITY OF
RICHFIELD C.L. 107
RESOLUTION NO. 8456
RESOLUTION RELATED TO IMPROVED TRAFFIC CONTROL SIGNALIZATION AT
THE I-35W WEST RAMP AT 76TH STREET IN THE CITY OF RICHFIELD
Motion carried 5-0. This resolution appears as Resolution No. 8456 in Resolution
Book No. 67.
B.APPROVED AWARD OF CONTRACT FOR SHERIDAN PARK SITE WORK, 65TH
STREET AND THOMAS AVENUE, TO HOFFMAN & MCNAMARA IN AMOUNT
OF $231,721 C.L. 108
C.APPROVED AWARD OF CONTRACT FOR SHERIDAN PARK BUILDING, 65TH
STREET AND THOMAS AVENUE, TO EBERT CONSTRUCTION IN AMOUNT OF
$149,900 C.L. 109
D.APPROVED PUBLIC DANCE LICENSE FOR EL PULSO DE LA VIDA AT ST.
PETER’S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR MAY 10
THROUGH JUNE 28, 1997 C.L. 110
M/Sandahl, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF ORDINANCE FOR
AMORTIZATION OF NONCONFORMING OUTDOOR ADVERTISING
DISPLAYS; AMENDING SUBSECTION 416.09, SUBDIVISION 3 OF
RICHFIELD CITY CODE. C.L. NO. 111
City Manager Prosser reviewed Council Letter No. 111 regarding a proposed
ordinance amendment to Subsection 416.09, Subdivision 3 of the Richfield City Code
providing for the amortization of nonconforming outdoor advertising displays. He stated
the revised ordinance would provide for a three year amortization period with an option for
an extension. He stated the request for an extension would be heard by a hearing
examiner who would review specific criteria including the cost of the sign, depreciated
value, remaining useful life, length and remaining term of any lease, location of the
display, character and uses of surrounding neighborhoods. He indicated that this
amendment is a clarification of the amortization requirement which was originally adopted
in 1987. Mr. Prosser stated that staff had contacted Universal Sign regarding an
agreement regarding enforcement. He stated the City had received a fax from Universal’s
Council Meeting Minutes-5-April 28, 1997
attorney today indicating that they would contest any enactment or enforcement of the
proposed ordinance.
Ted LeVin, owner of A World of Fish, 1516 East 66th Street, stated he had a
billboard on the roof of his building from which he receives revenue through a lease
payment. He stated concern that he would lose this revenue. He suggested a
grandfather clause for businesses that had been in business a long time.
Camillo DeSantis, 6508 Newton Avenue, stated that the Richfield Community
Council had discussed the desire to eliminate tobacco and alcohol advertising because of
its impact on youth and a healthy community. He stated that it was the consensus of the
Richfield Community Council that no extension for the nonconforming outdoor signs be
given beyond the 10 year period approved in 1987. He stated that the Richfield
Community Council also suggested that sign companies voluntarily agree to not advertise
tobacco or alcohol products in the City and that there be a moratorium on new or rebuilt
billboards. Mr. DeSantis then made his own personal comments stating that he expects
continued pressure from sign companies and businesses because it is an economic issue
for them. He stated that the City is not anti-business which is shown by the record. He
stated the issue for him was a moral and ethical issue related to the health and welfare of
youth. He stated this issue could be linked to the Safe Communities Program. He stated
the desire to eliminate tobacco and alcohol advertising in the City. He stated that
billboards were also a negative image for a community trying to create attractive gateways
to the City.
Gertrude Ulrich, 7601 Aldrich Avenue, discussed how tobacco products had
impacted the health and lives of family and friends. She stated that a Baltimore ordinance
which limited tobacco advertising had been upheld by the courts. She spoke in support of
the ordinance and suggested limiting tobacco and alcohol advertising if possible.
Gordon Anderson, 7501 Elliot Avenue, discussed how he had been a member of an
ad hoc committee to eliminate billboards many years ago. He noted that Edina has no
billboards and Bloomington only has seven. He spoke in support of the ordinance and for
eliminating billboards in the City.
Ted LeVin, owner of the World of Fish, stated that he too has taken the position
opposing tobacco and alcohol advertising on billboards and had negotiated this into the
lease for the billboard on his building. He stated that he opposed the ordinance for
business reasons and wondered if there would be compensation for the loss of the
existing signs.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
City Attorney Thomson stated that the proposed ordinance amendment does not
make any signs non-conforming. She stated the 1987 ordinance did that and required the
removal of the non-conforming signs in 10 years. She stated the proposed ordinance
Council Meeting Minutes-6-April 28, 1997
amendment provides that the non-conforming signs be removed within three years as a
general rule and provides for an extension of the process under specific circumstances.
Council Member Sandahl stated that the City is not changing the rules in mid-
stream but following through with an ordinance which was adopted in 1987. He stated
that Universal Sign and others were aware of the amortization period.
Council Member Susag stated that this amendment would extend the 10 year
amortization period approved in the original ordinance from October 31, 1997 to May 31,
2000. He stated the original 10 year period was to provide amortization and completion to
the existing leases and values. He stated the proposed amendment is to clarify the
amortization requirement. He stated that it would not be fair to add provisions to this
ordinance tonight regulating tobacco and alcohol advertising but that he had no objection
to staff requesting the billboard companies to do so voluntarily.
Council Member Rosenberg noted that no one was present to represent Universal
Sign despite efforts by the City Manager to meet with them regarding an agreement
related to enforcement. She distributed a listing of billboards, billboard regulations, and
agreements not to advertise tobacco and alcohol for cities in south Hennepin County.
She stated that Bloomington and Eden Prairie have agreements, with billboard companies
to limit tobacco and alcohol advertising. She stated opposition to billboards because they
create a visual blight and because of the negative impacts that tobacco and alcohol
advertising has on the community. She urged staff to negotiate with Universal Sign to get
them to agree to reduce tobacco and alcohol advertising which is currently 24% of their
advertising in Richfield, down to zero. She suggested that the City notify the sign
companies and property owners yearly to assure compliance to this ordinance.
City Manager Prosser stated that there was an error in the fourth paragraph of
Council Letter No. 111. He stated that the letter indicated that the request for an
extension would be heard by a hearing examiner appointed by the City Manager with an
appeal to the City Council. Mr. Prosser stated that there was no appeal to the City
Council and that the word “without” was inadvertently left out of the Council Letter. He
stated that the proposed ordinance as presented does not provide an appeal to the City
Council and provides that the decision of the hearing examiner is the final decision of the
City.
Council Member Susag stated concern about providing extraordinary notice
provisions for this ordinance.
It was the consensus of the City Council that no additional notification beyond the
normal methods would occur.
Council Member Stokes commended Mr. LeVin for having a lease provision
banning tobacco and alcohol advertising on the billboard on his building. She stated
support for a voluntary agreement with Universal Sign to restrict tobacco and alcohol
advertising.
Council Member Sandahl stated that in order to clarify and make clear that the
decision of the hearing examiner is final and so there is no confusion about the
Council Meeting Minutes-7-April 28, 1997
typographical error in the City Council Letter, he would make a separate motion related to
that issue.
M/Susag, S/Sandahl that this constitute Second Reading of Bill No. 1997-8
amending Subsection 416.09 providing for the amortization of nonconforming outdoor
advertising displays, that it be published in the official newspaper and that it be made part
of these minutes.
Motion carried 5-0.
M/Sandahl, S/Susagto clarify and make clear that the City Council intends and is
aware, as stated in Bill No. 1997-8, that the decision of the hearing examiner is the final
decision of the City and there is no appeal to the City Council.
Motion carried 5-0.
Mayor Kirsch suggested that the City Manager request that the sign companies
agree to voluntary restriction of tobacco and alcohol advertising.
Item #6AIRPORT STATUS REPORT
City Manager Prosser stated that the Metropolitan Airports Commission (MAC) had
today provided to the City the portion of the draft EIS for the North/South runway related
to ground level noise. He stated that City staff and airport consultants will review the
information and report their comments to the City Council and residents.
Council Member Susag reported on the April 21 City Council meeting with the MAC
Commissioners.
Item #7LEGISLATIVE REPORT
None.
Item #8COUNCIL DISCUSSION ITEMS
Mayor Kirsch invited the public to the Richfield Community Expo:
x
Saturday, May 3 - Water Plant and City Garage Open House
9:00 a.m. to 3:00 p.m.
Council Meeting Minutes-8-April 28, 1997
x
Saturday, May 31 - at Augsburg Park featuring community organizations,
service group, City departments, City Boards and Commissions, food
concessions and entertainment.
10:00 - 2:00 p.m.
City Manager Prosser reviewed City and employee actions to assist with flood relief
activities in northwestern Minnesota cities.
Council Member Susag reviewed and discussed the following activities:
x
Friends of the Augsburg Park Library Book Sale - June 11
x
Optimist Pancake Breakfast - May 31, 9:00 a.m.
proceeds go the Safety Camp
x
Ribbon cutting for new MSP Airport Control Tower - April 22
x
Army Reserve Support Command Meeting - April 23
x
Minnesota Military Expo
x
Bachman’s ribbon cutting ceremony - April 24
x
Paragon Cable luncheon recognizing student achievement including Neal
Malmanger, who is a member of Richfield’s cable camera crew.
Council Member Susag asked City Attorney Thomson questions regarding the
Open Meeting Law related to the possibility that a quorum of City Council Members will
attend the April 29 Richfield Town Meeting sponsored by the Interfaith Action and Sage
Management.
City Attorney Thomson reviewed issues related to the Open Meeting Law and
chance attendance in public places and gatherings. She indicated that City Council
Members should not discuss City business together or be together as a group, and should
decline to express opinions.
Item #9CLAIMS AND PAYROLL
M/Sandahl, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 65950-66785; 66803-67101$1,229,571.62
FIRSTAR BANK
Payroll: 103519-103551; 103556-103826$427,604.40
Motion carried 5-0.
ADJOURNMENT
Council Meeting Minutes-9-April 28, 1997
The meeting was adjourned by unanimous consent at 8:50 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager