07-14-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 14, 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; Betsy Christensen, Health
Administrator; Vaughn Lambert, Police Captain; William Fillmore,
Liquor Operations Director; Thomas Foley, Transportation
Engineer; and Corrine Thomson, Assistant City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Susag to approve the minutes of the Regular City Council Meeting of
June 23, 1997 and the City Council Study Session Meeting of July 7, 1997.
Motion carried 5-0.
Council Meeting Minutes-2-July 14, 1997
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Jerry C. Hardy, 6513 Humboldt Avenue, stated he spoke on behalf of a group of
senior citizens who are concerned about the fees at the Community Center. He
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requested that the 50 activity fee and 25 fee for a cup of coffee should not be charged
to senior citizens. He requested that funding be taken from another program so that these
fees are not charged to seniors and asked about the financial condition of the Community
Center. He stated that the fee policy may provide that users do not have to pay if they
cannot afford it; but seniors are uncomfortable having to request a fee waiver.
Mayor Kirsch requested that the City Manager prepare a report on this issue for
presentation as part of the upcoming budget meeting considerations.
Chad Sharkey, 6637 Park Avenue, a member of the Community Center Inter-
Council, stated that the Inter-Council membership consists of representatives of the
Community Center user groups and that the Inter-Council had approved these fees for all
user groups to help defray some of the operational costs. He stated it would be
discriminatory to charge only certain user groups.
Florence Wilkes, 8262 Fremont Avenue, stated that she felt her bridge group
should not have to pay fees since playing cards was different than a dance group activity.
She stated that seniors were on a fixed income making it difficult to afford the fees.
Item #2COUNCIL APPROVAL OF AGENDA
Council Member Rosenberg requested that an item be added to agenda regarding
the status of the flood relief project to the 69th Street-70th Street-Sheridan Avenue-
Russell Avenue area.
Mayor Kirsch stated this issue would be placed on the agenda for discussion as
Item #11A.
M/Sandahl, S/Stokes to approve the agenda as amended to add an Item #11A.
Motion carried 5-0.
Item #3CONSENT CALENDAR
Council Meeting Minutes-3-July 14, 1997
A.APPROVED AWARD OF CONTRACT FOR 77TH STREET IMPROVEMENTS
RELATED TO MERIDIAN CROSSINGS TO SHAFER CONTRACTING
COMPANY, INC. IN AMOUNT OF $260,366.50 C.L. 171
B.APPROVED RESOLUTION AUTHORIZING ONE YEAR DEMONSTRATION
PROJECT FOR PROVISION OF DIRECTIONAL SIGNS ON 77TH STREET
RIGHT-OF-WAY TO ADDRESS BUSINESS ACCESS IN VICINITY OF 77TH
STREET AND LYNDALE AVENUE C.L. 172
RESOLUTION NO. 8484
RESOLUTION AUTHORIZING ONE YEAR DEMONSTRATION
PROJECT BY THE CITY OF RICHFIELD FOR PROVISION OF
DIRECTIONAL SIGNS ON THE 77th STREET RIGHT-OF-WAY
TO ADDRESS BUSINESS ACCESS IN THE VICINITY
OF 77th STREET AND LYNDALE AVENUE
This resolution appears as Resolution No. 8484 in Resolution Book 67.
C.APPROVED SUBMISSION OF INTERMODAL SURFACE TRANSPORTATION
ACT (ISTEA) GRANT APPLICATIONS TO WIDEN LYNDALE AVENUE BRIDGE
OVER I-494 AND TO BUILD PEDESTRIAN/BIKEWAY BRIDGE AT 76TH
STREET OVER I-35W C.L. 173
D.APPROVED ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE, ITINERANT
PLACE OF AMUSEMENT LICENSE AND ITINERANT FOOD LICENSE WITH
FEES WAIVED FOR CHURCH OF THE ASSUMPTION FUN FEST ON AUGUST
16 AND 17, 1997 C.L. 174
E.APPROVED PUBLIC DANCE LICENSE FOR EL PULSO DE LA VIDA AT ST.
PETER’S CATHOLIC CHURCH, 6730 NICOLLET AVENUE, FOR AUGUST 23
THROUGH SEPTEMBER 27, 1997 C.L. 175
F.APPROVED RENEWAL OF COMMERCIAL VETERINARY LICENSE FOR
VETERINARY SERVICE PURPOSES ONLY TO A CARING DOCTOR
(MINNESOTA) P.A., IN NAME OF VETSMART PET HOSPITAL AND HEALTH
CENTER, 1100 WEST 78TH STREET C.L. 176
G.APPROVED RENEWAL OF VETERINARY LICENSE FOR VETERINARY
SERVICE PURPOSES TO AIRPORT PET HOSPITAL, 6301 CEDAR AVENUE
C.L. 177
H.APPROVED RENEWAL OF VETERINARY LICENSE FOR VETERINARY
SERVICE PURPOSES TO ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L.
178
I.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR PETCO
ANIMAL SUPPLIES, INC., 710 WEST 66TH STREET, FOR GROOMING OF
ANIMALS C.L. 179
J.APPROVED RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ELAINE’S
GROOMING, 7429 HUMBOLDT AVENUE, FOR PURPOSE OF ANIMAL
GROOMING C.L. 180
M/Susag, S/Sandahl to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes-4-July 14, 1997
Item #4PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO RICHFIELD CITY CODE RELATING TO
ADMINISTRATIVE PROCEDURE FOR OPENING OF COMPETITIVE BIDS
SUBMITTED TO CITY. C.L. 181
City Manager Prosser reviewed Council Letter No. 181 regarding a proposed
ordinance amendment to provide the authority for the designation of alternative staff
members to conduct bid openings in the absence of the City Manager, City Clerk, or
Department Director.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1997-11,
subsection 315.03, subd. 2 relating to an ordinance amending administrative procedures
for bid openings, that it be published in the official newspaper and that it be made part of
these minutes.
Motion carried 5-0.
Item #5PUBLIC HEARING REGARDING ISSUANCE OF ON-SALE 3.2 PERCENT
MALT LIQUOR LICENSE FOR EUROPEAN MUSICAL NETWORK, DBA
CYBER PALACE CAFE, 6509 NICOLLET AVENUE. C.L. 182
Council Member Prosser reviewed Council Letter No. 182 regarding the application
of European Musical Network d/b/a Cyber Palace Cafe, 6509 Nicollet Avenue, for an on-
sale 3.2 percent malt liquor license.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated opposition to the issuance
of this license stating concerns about its proximity to the Academy of Holy Angels, the
1:00 a.m. closing time on Friday and Saturday nights, and notification of the
neighborhood.
City Manager Prosser indicated that neighborhood notification is not required for a
3.2 percent malt liquor license and that the City hasn’t experienced problems with 3.2
percent malt liquor licenses.
Council Member Stokes asked about the relationship of food to liquor sales.
Betsy Christensen, Health Administrator, stated that all liquor license
establishments must serve food and that the food to liquor sales ratio for intoxicating
liquor licenses must exceed 50 percent.
Council Meeting Minutes-5-July 14, 1997
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag to approve the granting of a 1997 on-sale 3.2 percent malt
liquor license to European Musical Network d/b/a Cyber Palace Cafe, 6509 Nicollet
Avenue.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF ORDINANCE EXTENDING
MORATORIUM ON REGULATING AND LICENSING OF TATTOO
BUSINESSES WITHIN RICHFIELD FOR ONE ADDITIONAL YEAR. C.L. 183
City Manager Prosser reviewed Council Letter No. 183 regarding a proposed
ordinance to extend the moratorium on regulating and licensing of tattoo businesses in
Richfield for one additional year.
Council Member Susag questioned the meaning and need for the sentence in the
proposed ordinance providing for an additional six month extension of the moratorium.
City Attorney Thomson reviewed the statutory provisions related to the moratorium
and the extension of the moratorium.
Council Member Susag stated that he would move for approval of the proposed
ordinance with the deletion of the following sentence: “The moratorium period may be
further extended for a time period not to exceed a total additional period of six months, as
may be necessary to complete the study and adopt any necessary amendments to the
City’s zoning ordinance.”
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Susag, S/Sandahl that this constitutes Second Reading of Transitory Ordinance
No. 17.73A, Bill No. 1997-12, an ordinance extending for one year the moratorium on
regulating and licensing of tattoo businesses, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
PUBLIC HEARING AND SECOND READING OF TRANSITORY
Item #7
ORDINANCE TO AUTHORIZE SALE OF CITY-OWNED PROPERTY
Council Meeting Minutes-6-July 14, 1997
WITHIN LOT 2, BLOCK 3, CLOVERLEAF ADDITION TO RICHFIELD HRA
FOR MERIDIAN CROSSINGS PROJECT, PHASE II. C.L. 184
City Manager Prosser reviewed Council Letter No. 184 regarding a proposed
ordinance to authorize the sale of City-owned property within Lot 2, block 3, Cloverleaf
Addition to the Richfield HRA for Meridian Crossings Project, Phase II.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Susag, S/Stokes that this constitutes Second Reading of Transitory Ordinance
No. 17.74, Bill No. 1997-13, an ordinance authorizing and providing for the sale of Lot 2,
Block 3, Cloverleaf Addition 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 #8PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 90-FOOT
TELECOMMUNICATIONS TOWER AT 6244 CEDAR AVENUE. C.L. 185
City Manager Prosser reviewed Council Letter No. 185 regarding the application of
US West for a conditional use permit to allow construction of a 90 foot
telecommunications tower at 6244 Cedar Avenue.
John Hollenback, CB Commercial Real Estate, spoke on behalf of US West and
responded to questions from the City Council. He stated that US West had explored the
feasibility of co-locating on the nearby Sprint tower but found that this would not be
possible. He stated US West agrees to the four recommended stipulations. Mr.
Hollenback indicated that the tower would be a gray galvanized color and that the FAA did
not require it to be illuminated.
M/Susag, S/Stokes 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. 8485
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
6244 CEDAR AVENUE
Council Meeting Minutes-7-July 14, 1997
Motion carried 5-0. This resolution appears as Resolution No. 8485 In Resolution
Book No. 67.
CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING
Item #9
SUBSECTION 416.11, SUBD. 5 OF RICHFIELD CITY CODE; RELATING
TO DISCONTINUANCE OF NONCONFORMING SIGNS. C.L. 186
City Manager Prosser reviewed Council Letter No. 186 regarding a proposed
ordinance amendment which would provide for approval of an extension of the use of
nonconforming signs by a Hearing Examiner.
M/Sandahl, S/Rosenberg that this constitutes the First Reading of this ordinance
amending subsection 416.11, subd. 5 of Richfield City Code; relating to discontinuance of
nonconforming signs; and that the Public Hearing and Second Reading of the ordinance
be scheduled for the August 11, 1997 City Council Meeting.
Motion carried 5-0.
CONSIDERATION OF SETTING SPECIAL MEETINGS FOR REVIEW OF
Item #10
THE 1997 REVISED/1998 PROPOSED BUDGET AND SETTING 1998
PRELIMINARY TAX LEVY. C.L. 187
City Manager Prosser reviewed Council Letter No. 187 regarding setting the dates
for Special City Council Meetings for review and consideration of the 1997 Revised/1998
Proposed Budget and setting the 1998 preliminary tax levy.
Council Member Sandahl suggested that specific fees such as the Community
Center fees should be reviewed by a commission.
City Manager Prosser discussed options for review by the Community Council or
Inter-Council.
M/Sandahl, S/Susag to schedule Special City Council Meetings for 7:00 p.m. on
August 27, 1997 and 7:00 p.m. on September 3, 1997 (if necessary) for the purpose of
reviewing, discussing and considering the 1997 Revised/1998 Proposed Budget and 1998
preliminary tax levy.
Motion carried 5-0.
CONSIDERATION TO AUTHORIZE AMOUNT NOT TO EXCEED $60,000
Item #11
Council Meeting Minutes-8-July 14, 1997
FOR BBN TECHNOLOGIES TO DEVELOP SURVEY OF LOW
FREQUENCY NOISE SENSITIVITIES IN EXISTING LOW FREQUENCY
NOISE IMPACTED AREA C.L. 188
City Manager Prosser reviewed Council Letter No. 188 regarding a proposal for
BBN Technologies to develop a survey instrument to administer to a neighborhood
currently impacted by low frequency noise similar to the noise that would be generated
within Richfield by the proposed north/south runway.
Council Member Stokes asked questions regarding the work product and data
outcomes of the proposal.
City Manager Prosser stated that the data would identify the level of additional
annoyance and impact that the low frequency noise from the north/south runway would
create so that a mitigation plan could also be identified.
Council Member Sandahl stated the data could be used to define a community
standard regarding low frequency noise.
Discussion followed regarding how to isolate the low frequency ground level noise
impact and how to correlate it to the existing noise data. It was the consensus of the City
Council that Sandy Fidell, BBN Technologies, provide a further report on how the survey
work product will correlate these issues.
M/Sandahl, S/Susag to approve and authorize an amount not to exceed $60,000
for BBN Technologies to conduct a survey of low frequency noise sensitivities in existing
low frequency noise impacted areas.
Motion carried 5-0.
DISCUSSION OF STATUS OF FLOOD RELIEF PROJECT FOR 69TH
Item #11A
STREET-70TH STREET-SHERIDAN AVENUE-RUSSELL AVENUE AREA.
Council Member Rosenberg reviewed the impact of the rain storms of July 1 and
July 7 on this neighborhood. She asked Community Development Director Palmborg for a
report on the status of purchasing the two remaining properties on Penn Avenue so that
the storm water improvements can be constructed to relieve the flooding in this
neighborhood.
Community Development Director Palmborg gave a status report and answered
questions regarding his contact with the two Penn Avenue property owners. He indicated
one property owner has interest in negotiating a sale and an appraisal for this purpose is
likely in January 1998. He indicated the other property owner has not expressed an
interest to sell at this time.
Council Meeting Minutes-9-July 14, 1997
Discussion followed regarding design issues, acquisition issues, and moving
forward to construct these storm water improvements in 1998.
Council Member Rosenberg suggested that the sale of some of the land to the
dentist located at 70th Street and Penn Avenue for additional parking be considered as
part of the project.
Community Development Director Palmborg stated the dentist had expressed
interest in this idea.
Item #12AIRPORT STATUS REPORT
City Manager Prosser stated that a joint meeting of the MAC, Met Council and
Richfield staff will be held on July 15. The discussions will center on the impacts of low
frequency noise and potential impact on Richfield residents.
Sandy Fidell, BBN Technologies, reviewed the proposed survey of a neighborhood
in El Segundo, California regarding low frequency noise impacts. He reviewed and
answered questions regarding the methodology, survey design considerations, sample
questions, and data standards. He indicated the survey would establish facts to
demonstrate the low frequency noise impact of the proposed north/south runway. Mr.
Fidell stated that although the survey will be conducted in another community,
adjustments to local noise sensitivities would be based on data previously developed by
Richfield.
Item #13LEGISLATIVE REPORT
No report.
Item #14COUNCIL DISCUSSION ITEMS
Council Member Rosenberg discussed concerns regarding the off-site parking
plans of Galyan’s related to their grand opening and the potential impact on the adjacent
residential neighborhood. She requested that Transportation Engineer Foley and
Community Development Director Palmborg review this issue and keep the neighborhood
informed.
Community Development Director Palmborg stated staff would work with Galyan’s
regarding their plan and its impact.
Council Meeting Minutes-10-July 14, 1997
City Manager Prosser asked the City Council to call him if they have any suggested
changes to the draft airport literature drop piece that was distributed to them for review.
Item #15CLAIMS AND PAYROLL
M/Stokes, S/Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 68275-68326; 68700-69191$2,325,424.16
FIRSTAR BANK
June 26, 1997 Payroll: 105199-105616$507,157.63
July 10, 1997 Payroll: 105617-106021$495,641.88
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:39 p.m.
Date Approved:
Martin J. Kirsch
Mayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager