06-09-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 9, 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; Susan Rosenberg; Russ
Susag; and Kristal Stokes.
Staff Present :Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Mike Eastling,
Public Works Director; Betsy Christensen, Health Administrator;
Barry Fritz, Police Captain; William Fillmore, Liquor Operations
Director; and Corrine Thomson, Assistant City Attorney.
APPROVAL OF MINUTES
Council Member Rosenberg requested an amendment to the minutes of the May
12, 1997 Local Board of Equalization meeting correcting the second to the motion to
adjourn on page 4.
Council Meeting Minutes-2-June 9, 1997
M/Stokes, S/Sandahl to approve the minutes of the Regular City Council Meeting of
May 12, 1997; the minutes of the Local Board of Equalization of May 12, 1997 as
amended; and the City Council Study Session of June 2, 1997.
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 City Council.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A.APPROVED JOINT POWERS AGREEMENT WITH CITY OF EDINA FOR 76TH
STREET WEST OF I-35W IMPROVEMENT PROJECT C.L. 122
RESOLUTION NO. 8463
RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT BETWEEN
THE CITY OF EDINA AND THE CITY OF RICHFIELD RELATING TO THE
IMPROVEMENT OF 76TH STREET WEST OF I-35W
This resolution appears as Resolution No. 8463 in Resolution Book No. 67.
B.APPROVED RESOLUTIONS RELATED TO PARKING PROHIBITIONS ON 12TH
AVENUE FROM I-494 TO 100 FEET NORTH OF 77TH STREET AND
AUTHORIZING CITY OFFICIALS TO PROCEED WITH ALTERNATE BIDDING
PROCESS FOR SIGNAL REVISION WORK C.L. 123
RESOLUTION NO. 8464
Council Meeting Minutes-3-June 9, 1997
RESOLUTION RELATING TO TRAFFIC CONTROL SIGNS
“NO PARKING” ON THE EAST AND WEST SIDES OF
12TH AVENUE FROM I-494 TO 100 FEET NORTH OF 77TH STREET
RESOLUTION NO. 8465
RESOLUTION AUTHORIZING CITY OFFICIALS TO PROCEED WITH AN
ALTERNATE BIDDING PROCESS IN SOLICITING BIDS FOR SIGNAL
MODIFICATION WORK AT 12TH AVENUE AND 77TH STREET
These resolutions appear as Resolution No.’s 8464 and 8465 in Resolution Book
No. 67.
C.APPROVED AWARD OF CONTRACT FOR 1997 ROUTING AND SEALING
CRACKS IN ASPHALT PAVEMENT TO DAFFINSON ASPHALT MAINTENANCE,
INC. IN AMOUNT OF $77,677.40 C.L. 124
D.APPROVED AWARD OF CONTRACT FOR 1997 SEALCOATING PROJECT TO
ALLIED BLACKTOP COMPANY IN AMOUNT OF $142,508.69 C.L. 125
E.APPROVED AWARD OF CONTRACT FOR BITUMINOUS MILLING AND
OVERLAYING OF 65TH STREET FROM PENN AVENUE TO XERXES AVENUE
TO ASHBACH CONSTRUCTION IN AMOUNT OF $30,306.28 C.L. 126
F.APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND FEE WAIVER
FOR FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED ON JULY 4,
1997 C.L. 127
G.APPROVED TEMPORARY ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE
AND FEE WAIVER FOR FRED BABCOCK VFW POST 5555 ON JULY 3, 1997
C.L. 128
H.APPROVED RESOLUTION GRANTING LAWFUL GAMBLING LICENSE AND
FEE WAIVER FOR CHURCH OF THE ASSUMPTION OF RICHFIELD, 305 EAST
78TH STREET C.L. 129
RESOLUTION NO. 8466
A RESOLUTION GRANTING APPROVAL FOR
THE CHURCH OF THE ASSUMPTION OF RICHFIELD
TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 8466 in Resolution Book No. 67.
I.APPROVED NEW 1997 TAXI LICENSE FOR MINNESOTA TAXI, 7608 KNOX
AVENUE C.L. 130
M/Sandahl, S/Stokes to approve the consent calendar.
Council Meeting Minutes-4-June 9, 1997
Motion carried 5-0.
Item #4PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY AT
7600 EMERSON AVENUE TO RICHFIELD HRA FOR RICHFIELD
REDISCOVERED SITE DEVELOPMENT. C.L. NO. 131
Acting City Manager Devich reviewed Council Letter No. 131 regarding a proposed
transitory ordinance to authorize the sale of City owned property at 7600 Emerson Avenue
to the Richfield HRA for Richfield Rediscovered site development.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitute Second Reading of Bill No. 1997-10,
Transitory Ordinance No. 17.73 authorizing the sale of 7600 Emerson Avenue to the
Richfield HRA, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF THREE
TOWNHOME UNITS AT 7600 EMERSON AVENUE, SINGLE FAMILY
RESIDENTIAL DISTRICT. C.L. NO. 132
Acting City Manager Devich reviewed Council Letter No. 132 recommending
approval of a conditional use permit to allow construction of three townhome units at 7600
Emerson Avenue with the following stipulations:
1.That the project comply with Richfield Rediscovered design guidelines.
2.That a Declaration of Covenants, Conditions and Restrictions be executed and
recorded as approved by the City Attorney.
3.That a common element subdivision plan be developed and filed for the parcel.
4.That the conditional use permit be recorded with the County, pursuant to Minnesota
Statutes Section 462.36, Subdivision 1.
Council Meeting Minutes-5-June 9, 1997
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, 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. 8467
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
7600 EMERSON AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 8467 in Resolution
Book No. 67.
Item #6PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW USE OF 1201 EAST 66TH
STREET AS PUBLIC MECHANICAL GARAGE. C.L. NO. 133
Acting City Manager Devich reviewed Council Letter No. 133 regarding a request
for a conditional use permit to operate an automotive repair business, Exhaust Pros, at
1201 East 66th Street.
Thomas and Claudette Christensen, 6833 12th Avenue, discussed their plans to
operate an Exhaust Pros business at 1201 East 66th Street. They reviewed the status of
their efforts to paint and upgrade the building and site. They stated agreement with the
recommended stipulations except for stipulation numbers 2 and 4. The Christensen’s
requested that the date for full implementation of the interior curbing plan, stated in
stipulation number 2, be changed to June 1, 1999 instead of November 30, 1998. They
requested that the cash escrow or letter of credit requirement stated in stipulation number
4 be waived because it was not financially feasible for them to provide it at this time.
Claudette Christensen reviewed a 90 day plan, a two year plan, and a five year plan of the
intended site improvements. She stated that the five year plan included a possible
addition to the building, therefore the curbing along the east and south would not be
installed until the construction of the additional garage stall, thus avoiding the cost of
redoing the curb work.
Community Development Director Palmborg reviewed the history of the site and the
desire to have a viable business operate at this location. He stated that a cash escrow or
a letter of credit is a common method to assure stipulations are completed. He suggested
as an alternative to the escrow it may also be possible to make the conditional use permit
renewable in two years, providing that the stipulations have been completed.
Council Meeting Minutes-6-June 9, 1997
City Attorney Thomson stated that the City Council could stipulate that the
conditional use permit would expire in two years and then be up for consideration again at
that time, if the applicant is agreeable.
Mr. Christensen stated he was agreeable to this stipulation but expressed concern
that the Planning Commission would add additional stipulations two years from now.
Council Member Susag stated that the Planning Commission is an advisory body to
the City Council but there is also no guarantee on what a future Council may do.
Council Member Stokes noted that because the Christensen’s live in the
neighborhood they would be more likely to follow through on the improvements.
Community Development Director Palmborg clarified the status of items to be
completed in the Christensen’s 90 day plan.
It was the consensus of the City Council that the proposed stipulation number 2 be
amended to indicate the date for full implementation be June 1, 1999 instead of November
30, 1998. It was also the consensus of the City Council that the proposed stipulation
number 4 requiring an escrow be replaced with a stipulation that the conditional use
permit expire on June 9, 1999, at which time it could be considered again for renewal by
the City Council.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
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. 8468
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
1201 EAST 66TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 8468 in Resolution
Book No. 67.
Item #7PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW 7120-28 CHICAGO AVENUE AS
BUSINESS ESTABLISHMENT OVER 2,500 SQUARE FEET IN
NEIGHBORING COMMERCIAL DISTRICT. C.L. NO. 134
Council Meeting Minutes-7-June 9, 1997
Acting City Manager Devich reviewed Council Letter No. 134 recommending
approval of a conditional use permit to allow a business establishment over 2,500 square
feet in a C-1 district with the following stipulations:
1.That location and screening of all trash enclosures be approved by the Health
Inspector and Community Development Director.
2.That all signage meet sign ordinance regulations by October 4, 1997.
3.That a lighting plan be submitted and approved by the Community
Development Director.
4.That a plan for making improvements to the parking lot be submitted to and
approved by the Public Works Director.
5.That the hours of operation be limited to no earlier than 10 a.m. and no later
than 8 p.m.
6.That no drop box be installed for the purpose of returning videos outside of
store hours.
7.That all deliveries occur during the store’s hours of operation.
8.That a conditional use permit resolution be recorded with the County,
pursuant to Minnesota Statutes Section 462.36, subdivision 1.
Rabby Motilall, 2133 Pike Lake Road, Shakopee, reviewed his proposal to
purchase the 7,000 square foot shopping center at 7120-28 Chicago Avenue and utilize
half of the space to operate a grocery and video store. He stated agreement to the
recommended stipulations to the conditional use permit. Mr. Motilall answered questions
regarding the product mix of the grocery store.
Council Member Susag stated concern that the drop box for videos would not be
allowed by the City since this is a common feature for video stores.
Mayor Kirsch stated that the Planning Commission had recommended this
stipulation in response to neighborhood concerns about noise in the parking lot after
operating hours.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Stokes, 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. 8469
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
7120-28 CHICAGO AVENUE
Council Meeting Minutes-8-June 9, 1997
Motion carried 5-0. This resolution appears as Resolution No. 8469 in Resolution
Book No. 67.
Item #8CONSIDERATION OF FIRST READING OF ORDINANCE EXTENDING
MORATORIUM ON TATTOO BUSINESSES WITHIN THE CITY FOR ONE
ADDITIONAL YEAR. C.L. NO. 135
Acting City Manager Devich reviewed Council Letter No. 135 regarding a proposed
ordinance to extend the moratorium on tattoo businesses within the City for one additional
year.
M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance
extending the moratorium on tattoo businesses; and that the Public Hearing and Second
Reading of the ordinance be scheduled for the July 14, 1997 City Council meeting.
Motion carried 5-0.
Item #9CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE TO
AUTHORIZE SALE OF CITY-OWNED PROPERTY WITHIN LOT 2, BLOCK 3,
CLOVERLEAF ADDITION TO RICHFIELD HRA FOR MERIDIAN CROSSINGS
PROJECT, PHASE II. C.L. NO. 136
Acting City Manager Devich reviewed Council Letter No. 136 regarding a proposed
transitory ordinance to authorize the sale of City owned property within Lot 2, Block 3,
Cloverleaf Addition to the Richfield HRA for the Meridian Crossings Project, Phase II.
M/Sandahl, S/Stokes that this constitute the First Reading of this transitory
ordinance to authorize the sale of City owned property within Lot 2, Block 3, Cloverleaf
Addition; and that the Public Hearing and Second Reading of the ordinance be scheduled
for the July 14, 1997 City Council meeting.
Motion carried 5-0.
Item #10CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
TO RICHFIELD CITY CODE RELATING TO ADMINISTRATIVE
PROCEDURE FOR OPENING COMPETITIVE BIDS SUBMITTED TO CITY.
C.L.NO. 137
Council Meeting Minutes-9-June 9, 1997
Acting City Manager Devich reviewed Council Letter No. 137 regarding a proposed
ordinance amendment relating to the administrative procedure for opening competitive
bids.
Council Member Sandahl asked if the proposed amendment would change the
number of administrative staff who must be present at the bid opening.
City Attorney Thomson stated that the proposed amendment would only provide for
the designation of an alternate in the absence of either the City Manager, City Clerk,
and/or Department Director, with three staff members still required to be present at the bid
opening.
M/Sandahl, S/Susag that this constitute the First Reading of this ordinance relating
to the administrative procedure for opening competitive bids; and that the Public Hearing
and Second Reading of the ordinance be scheduled for the July 14, 1997 City Council
meeting.
Motion carried 5-0.
Item #11CONSIDERATION OF AWARD OF CONTRACT AND FINAL DECISION TO
PROCEED WITH CONSTRUCTION OF ICE ARENA EXPANSION (HAT
TRICK HOCKEY LEASE) PROJECT. C.L. NO. 138
Acting City Manager Devich reviewed Council Letter No. 138 regarding the
proposed award of contract for the ice arena addition to CM Construction in the amount of
$256,292. He reviewed proposed revisions in the terms of the lease agreement with Hat
Trick Hockey, Inc. Mr. Devich responded to questions regarding depreciation, lease
payment schedule, rate of return, and the potential for use by City, going out for open
bids, or negotiating a new lease with Hat Trick Hockey when the six year lease expires.
Council Member Rosenberg stated opposition to the proposal stating she did not
think it was a good use of City funds and that the benefit was to only one business.
M/Susag, S/Sandahl to approve the bid minutes/tabulations and award the ice
arena addition contract to the low bidder, CM Construction of Burnsville, Minnesota in the
amount of $256,292 and authorize the City Manager to proceed with the revised terms of
the lease agreement with Hat Trick Hockey, Inc.
Motion carried 3-2. (Rosenberg, Stokes opposed)
Item #12AIRPORT STATUS REPORT
Council Meeting Minutes-10-June 9, 1997
Acting City Manager Devich stated that the Metropolitan Council will soon be
scheduling a work session panel meeting to address low frequency ground level noise
impacts issues. He stated the panel would include MAC representatives, Richfield
consultants and neutral airport planning consultants chosen by the Metropolitan Council.
Item #13LEGISLATIVE REPORT
Acting City Manager Devich reviewed the following legislation:
x
Property tax structure changes
x
Levy limits
x
Right-of-Way regulation
x
Property tax rebate
x
Richfield Fire Relief Association/PERA Pension consolidation
Council Member Susag requested that staff provide to the City Council information
on the impact of levy limits and property tax formula changes on Richfield prior to the
budget meetings.
Item #14COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following issues:
x
The Friends of Augsburg Park Library Book Sale
Wednesday, June 11, 1997 5:00 p.m. - 8:00 p.m. at the library.
x
Youth applicants are being sought to fill positions on the Advisory Board of Health,
Friendship City Commission, and Human Rights Commission.
x
Richfield Chamber of Commerce Golf Tournament results.
Mayor Kirsch encouraged residents to purchase buttons to support the Fourth of
July celebration.
Item #15CLAIMS AND PAYROLL
M/Stokes, S/Sandahl that the following claims and payrolls be approved:
Council Meeting Minutes-11-June 9, 1997
RICHFIELD BANK & TRUST CO.
Checks: 67108-67146; 67549-67874$1,009,774.81
67147-67172; 67876-68270$1,034,077.52
FIRSTAR BANK
Payroll:104148-104180; 104205-104508$453,626.99
104509-104825$465,771.26
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:12 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager