09-22-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 22, 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 :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, Recreation Services Director; Vaughn
Lambert, Police Captain; and Corrine Thomson, Assistant City
Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Stokes to approve the minutes of the regular City Council Meeting of
September 8, 1997.
Motion carried 5-0.
Council Meeting Minutes-2-September 22, 1997
Item #1PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 21-27,
1997 WOMEN OF TODAY WEEK IN RICHFIELD.
Council Member Stokes read and presented a proclamation designating September
21-27, 1997 as Women of Today Week in the City of Richfield to Sharon Doig
representing the Richfield Women of Today.
Item #2PRESENTATION OF CERTIFICATE OF RECOGNITION TO CHURCH OF
THE ASSUMPTION.
Council Member Susag read and presented to Deacon Bob Smith a Certificate of
Recognition for the Church of Assumption celebration of the rededication of their church
and acknowledgment of the church’s investment and participation in the community.
Item #3OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Brian and Kathy Hall, 6533-15th Avenue, described trash and noise problems
generated by the adjacent commercial business, Grip Fore Golf, located at 1506 East
66th Street. Mr. Hall described his efforts to resolve these issues with the business owner
and his contacts with the City’s Environmental Health staff regarding this issue. He stated
concern about the business owner’s response and threats to him in dealing with this
issue. Mr. Hall indicated the noise problem is intensified by the business keeping the
door wide open during grinding operations. He stated that the City ordinance requires the
door to be closed. He stated the City had sent the business owner a letter ordering
compliance but now the business owner has hired a lawyer and asked for an extension.
Mr. Hall stated he has agreed to mediation on this issue and does not want to have to go
to court to resolve the problem.
City Manager Prosser stated that after being contacted by Mr. Hall, it had been
determined that this was a zoning issue, not just an environmental issue. He stated he
had asked Assistant City Attorney Thomson to review the problem and take action if the
business is not in compliance with the ordinance.
Assistant City Attorney Thomson stated that the business owner has agreed to
mediation. She stated that the extension mentioned by Mr. Hall is to allow time for
mediation to attempt to resolve the problem without going court.
Council Meeting Minutes-3-September 22, 1997
City Manager Prosser discussed and responded to questions regarding the
reasons for utilizing mediation for this type of issue. He indicated that compliance with the
ordinance is the desired outcome rather than having to take enforcement action.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A.APPROVED RESOLUTION CERTIFYING DELINQUENT CITY WATER, SEWER,
STORM WATER ACCOUNTS TO COUNTY AUDITOR C.L. 242
RESOLUTION NO. 8509
RESOLUTION CERTIFYING UNPAID WATER, SEWER, AND STORM WATER
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER
TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 8509 in Resolution Book No. 67.
B.APPROVED RESOLUTION GRANTING TWO-YEAR EXTENSION FROM
OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1999 TO MORROW AUTO
SPECIALTY, INC. FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES
FOR CITY OF RICHFIELD C.L. 243
RESOLUTION NO. 8510
RESOLUTION TO EXTEND THE CONTRACT WITH
MORROW AUTO SPECIALTY, INC.
FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES
This resolution appears as Resolution No. 8510 in Resolution Book No. 67.
C.APPROVED STATE ISSUANCE OF CURRENCY EXCHANGE LICENSE FOR
THE MONEY STORE, 6525 NICOLLET AVENUE C.L. 244
D.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER
FOR 1997 FALL FESTIVAL AT CHURCH OF ST. PETER ON OCTOBER 4 AND
5, 1997 C.L. 245
Council Meeting Minutes-4-September 22, 1997
M/Sandahl, S/Stokes to approve the consent calendar.
Motion carried 5-0.
Item #6PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF FOUR-BAY
PUBLIC MECHANICAL GARAGE AT 6724 PENN AVENUE. C.L. NO. 246
City Manager Prosser reviewed Council Letter No. 246 regarding a request by
South Penn Auto Care for a conditional use permit to allow construction of a four-bay
3,120 square foot public mechanical automotive garage at 6724 Penn Avenue.
Neil Weber, Neil Weber Architects, representing the applicant, presented a site
drawing and indicated that the applicant has agreed to install a monument sign instead of
a pedestal sign.
Kurt Bohnen, the applicant, 6001 Penn Avenue, responded to questions from the
City Council stating he also was the owner of the Mobil station on the corner of 68th
Street and Penn Avenue. He stated that the hours of operation for South Penn Auto Care
would probably be 8:00 a.m. - 6:00 p.m. Monday - Friday, 8:00 a.m. - noon Saturday, and
closed on Sunday.
Dan Linnihan, Chair of the Planning Commission, stated that the Planning
Commission had unanimously recommended approval of the conditional use permit with
the seven stipulations listed in the Council Letter.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, 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. 8511
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
6724 PENN AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 8511 in Resolution
Book No. 67.
Item #7PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL
IMPROVEMENTS FROM SPECIAL REVENUE FUND. C.L. NO. 247
Council Meeting Minutes-5-September 22, 1997
City Manager reviewed Council Letter No. 247 regarding a proposed transitory
ordinance providing for the expenditure of money from the special revenue fund for the
following capital improvements:
Sheridan Park$400,000
Wood Lake Bridges/Docks$89,500
Ice Arena Lockerrooms$10,500
Ice Arena Lockerrooms$110,000
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Stokes that this constitute Second Reading of Bill No. 1997-15
Transitory Ordinance No. 17.75, providing funding for certain capital improvements from
the special revenue fund; that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 5-0.
Item #8CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
STREETS, ALLEYS AND PUBLIC GROUNDS SECTION OF RICHFIELD
CITY CODE RELATING TO SNOW AND ICE. C.L. NO. 248
City Manager Prosser reviewed Council Letter No. 248 regarding a proposed
ordinance amendment which would prohibit the plowing of snow from a private property
onto a public boulevard other than the portion of the boulevard immediately adjacent to
that particular private property.
M/Sandahl, S/Rosenberg that this constitute the First Reading of this ordinance;
and that the Public Hearing and Second Reading of the ordinance be scheduled for the
October 27, 1997 City Council meeting.
Motion carried 5-0.
Item #9CONSIDERATION OF RESOLUTION AND FIRST READING OF INTERIM
ORDINANCE AUTHORIZING STUDY TO BE CONDUCTED AND
MORATORIUM IMPOSED ON DEVELOPMENT OF PROPERTY ALONG I-
494 FROM PLEASANT AVENUE TO CEDAR AVENUE. C.L. NO. 249
Council Meeting Minutes-6-September 22, 1997
City Manager Prosser reviewed Council Letter No. 249 regarding a proposed
resolution and first reading of an ordinance to authorize a study pertaining to zoning along
I-494 and placing a moratorium on development of property between 77th Street and I-
494 from Pleasant Avenue to Cedar Avenue.
Jack Eriksen, owner of Viking Paints, 100 West 78th Street, stated concerns that
development of the area provide diversity and room for local small businesses and
industry, not just large corporations.
Dan Linnihan, Planning Commission Chair, spoke in support of the moratorium in
order to provide time to look at the existing zoning and its relationship to the updated
Comprehensive Plan. He stated that the Planning Commission would undertake the study
and prepare recommendations to the City Council. He invited Mr. Eriksen to participate in
the process.
Council Member Sandahl stated it was important to take the time to have the
Planning Commission review the zoning for future development.
Council Member Susag stated it was appropriate to look at the consistency of the
zoning and the Comprehensive Plan.
Mr. Eriksen stated his interest in expanding his business and purchasing an
adjacent property.
City Manager Prosser stated the City would be willing to work with Mr. Eriksen to
help explore possible locations for expansion of his business.
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. 8512
RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO
USES OF LAND IN AN AREA ADJACENT TO MAJOR HIGHWAYS AND PLACING A
MORATORIUM ON SUCH USES
Motion carried 5-0. This resolution appears as Resolution No. 8512 in Resolution
Book No. 67.
M/Sandahl, S/Stokes that this constitute the First Reading of this ordinance; and
that the Public Hearing and Second Reading of the ordinance be scheduled for the
October 27, 1997 City Council meeting.
Motion carried 5-0.
Council Meeting Minutes-7-September 22, 1997
Item #10CONSIDERATION OF YOUTH APPOINTMENTS TO ADVISORY BOARD OF
HEALTH, HUMAN RIGHTS COMMISSION AND FRIENDSHIP CITY
COMMISSION. C. L. NO. 250
Council Member Sandahl stated that the City Council had conducted an interview
of youth applicant Kyanne Thul at their 6:30 Special City Council meeting.
M/Sandahl, S/Stokes to appoint Kyanne Thul as a youth member of the Advisory
Board of Health to a term to expire May 31, 1998.
Motion carried 5-0.
Item #11AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issues:
x
The City Manager reported on a meeting with the Bloomington Chamber of
Commerce Aviation Committee last week.
x
A joint motion to extend time for preparation and filing of certified list of contents
of administrative record and to adjust briefing schedule has been filed with the
Eighth Circuit Court of Appeals regarding the Runway 4-22 litigation. The joint
motion, between FAA and City of Richfield, will give both parties an extension to
the trial date. Opening briefs are due October 14.
x
Public input meetings have been scheduled for Wednesday, September 24 at
the Junior High, and Thursday, October 9 at the Intermediate School regarding
the replacement of the athletic ball fields which will be lost due to the north-
south runway.
Item #12LEGISLATIVE REPORT
City Manager Prosser stated that the City is discussing state funding assistance for
recreation facility replacement with the Metropolitan Council and State legislators.
Mayor Kirsch stated that it would be appropriate for the City to receive funding from
the legislature for recreation facility replacement because it is the legislature which made
the decision that the airport remain and expand, therefore causing the loss of the facilities.
City Manager Prosser indicated that regular meetings continue with the multi-
agency task force to look at alternative sites. The next meeting is October 15 at 1:30 p.m.
in the Council Chambers. The meeting of the September 18 primary focused on the
Council Meeting Minutes-8-September 22, 1997
proposal for ball field replacement within Richfield proper and the need of the DNR to do
something with the buildings on the Upper Bluff (golf course/polo grounds) portion of Ft.
Snelling State Park. The need to replace existing assets about to be lost to the airport
was stressed as the primary focus for Richfield.
City Manager Prosser indicated that the City has discussed with the City’s
legislators drafting legislation to address the community impacts of airport expansion.
Item #13COUNCIL DISCUSSION ITEMS
City Manager Prosser stated that it has been erroneously reported that Veterans
Memorial Park of Richfield has been renamed. He stated that Memorial Park, which is
located behind City Hall, had been renamed Heredia Park. He stated that the City
Council had approved the name change several months ago as a symbol of the City’s
sister city relationship. He stated the name change also would eliminate the confusion
between Veterans Memorial Park and Memorial Park.
Council Member Susag reported on the success of the FOWL Ball Klassic fund
raising event.
Mayor Kirsch reported on the visit of a delegation from Heredia, Costa Rica to
Richfield last week.
Item #14CLAIMS AND PAYROLL
M/Sandahl, S/ Rosenberg that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 69898-70565; 70640-70950$1,210,666.23
FIRSTAR BANK
Payroll: 106596-106629; 107765-108040$449,614.13
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:10 p.m.
Council Meeting Minutes-9-September 22, 1997
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager