04-13-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 13, 1998
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; Thomas Ferber, City Clerk; Bruce
Palmborg, Community Development Director; Dan Scott, Public
Safety Director; Mike Eastling, Public Works Director; Gretchen
Blank, Recreation Services Director; William Fillmore, Liquor
Operations Director; George Atkinson, Engineering Supervisor;
Karen Shragg, Nature Center Manager; Julie Urban, Zoning
Administrator; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Stokes to approve the following minutes:
Council Meeting Minutes-2-April 13, 1998
x
Regular City Council Meeting of March 23, 1998
x
Special City Council Closed Executive Session of March 23, 1998
x
Regular City Council Study Session of April 6, 1998
Motion carried 5-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING APRIL 7-MAY 3, 1998
STUDENTS AGAINST DRUNK DRIVING WEEK IN RICHFIELD
Mayor Kirsch read and presented a proclamation designating April 7 - May 3, 1998
as Students Against Drunk Driving (SADD) Week in the City of Richfield to members of
the Richfield High School SADD Chapter. The students invited the public to the SADD
Basketball fundraising game scheduled for 7:00 p.m. on April 30 at Richfield High School.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING APRIL 19, 1998
EARTH DAY 1998 IN RICHFIELD
Council Member Rosenberg read and presented a proclamation designating April
19, 1998 as Earth Day in the City of Richfield to Nancy Stiller, representing the Friends of
Wood Lake (FOWL), and Karen Shragg, Wood Lake Nature Center Manager.
Nancy Stiller, 6414 11th Avenue, invited the public to the April 19 Earth Day event
at Wood Lake Nature Center. She encouraged the public to attend the FOWL Dinner and
Show benefit fund-raiser on April 24 at the Decathlon Club.
Wood Lake Nature Center Manager Shragg reviewed the activities planned for the
April 19 Earth Day event at the Wood Lake Nature Center.
Item #3PRESENTATION OF PROCLAMATION DESIGNATING MAY 1998 ARBOR
MONTH AND APRIL 25, 1998 ARBOR DAY IN RICHFIELD
Council Member Stokes read and presented a proclamation designating May 1998
as Arbor Month and April 25, 1998 as Arbor Day in the City of Richfield to Public Works
Director Eastling.
Item #4PRESENTATION OF PROCLAMATION DESIGNATING MAY 3-9, 1998
NATIONAL DRINKING WATER WEEK IN RICHFIELD
Council Meeting Minutes-3-April 13, 1998
Council Member Susag read and presented a proclamation designating May 3-9,
1998 as National Drinking Water Week in the City of Richfield to Public Works Director
Eastling.
Item #5PRESENTATION OF PROCLAMATION DESIGNATING MAY 17-23, 1998
NATIONAL PUBLIC WORKS WEEK IN RICHFIELD
Council Member Sandahl read and presented a proclamation designating May 17-
23, 1998 as National Public Works Week in the City of Richfield to Public Works Director
Eastling.
Public Works Director Eastling discussed the upcoming visit of a public works
delegation from Richfield’s Sister City Heredia, Costa Rica.
Item #6OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Barb Beane, Clerk Typist in the Richfield Public Safety Department, made a
presentation regarding the “Bring Your Child to Work Day” activities that are scheduled for
April 13, 1998.
Dennis W. Manson, 6901 Park Avenue, spoke in protest of the approval for the
$2.7 million second sheet of ice. He suggested a referendum for deciding whether to
build projects such as the maintenance facility and second sheet of ice.
Bob Lindgren, 6339 12th Avenue, reviewed his concerns and requests to the
Academy of Holy Angels (AHA) regarding the appearance of the storm sewer pond
constructed to the north of the Star Dome. He stated that AHA has not acted to correct
the problem and it is now a hazard, therefore he requested the City to assist in getting the
problem corrected.
City Manager Prosser stated that the City has talked to AHA about the appearance
and function of this storm water pond. He stated he would provide a report to the City
Council on this issue within two weeks and provide a copy to Mr. Lindgren.
Item #7 COUNCIL APPROVAL OF AGENDA
Mayor Kirsch stated that reading the responses to the additional maintenance
facility questions would be added to the agenda as Agenda Item #16A.
Council Meeting Minutes-4-April 13, 1998
M/Susag, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #8 CONSENT CALENDAR
A.APPROVED RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 300
WEST 78TH STREET. C.L. 75
RESOLUTION NO. 8567
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
(300 WEST 78TH STREET)
This resolution appears as Resolution No. 8567 in Resolution Book No. 67.
B.APPROVED RELEASE OF DECLARATION OF EASEMENTS AND RELATED
COVENANTS (FORMER CLOVERLEAF SITE). C.L. 76
C.APPROVED AWARD OF CONTRACT TO ZIELGER FOR NEW RUBBER TIRE
HYDRAULIC EXCAVATOR FOR TOTAL PURCHASE PRICE OF $154,055. C.L.
77
D.APPROVED AWARD OF CONTRACT TO KNISH CONSTRUCTION COMPANY,
INC. FOR JOINT CLEANING AND RESEALING, CRACK SEALING, AND REPAIR
OF NON-REINFORCED CONCRETE PAVEMENT IN ALLEYS IN AMOUNT OF
$22,001.90. C.L. 78
E.APPROVED AWARD OF CONTRACT TO RON KASSA CONSTRUCTION, INC.
FOR SODDING, CONCRETE SIDEWALK, AND APPURTENANT WORK AS
PART OF 77TH STREET PROJECT IN AMOUNT OF $27,432.35. C.L. 79
F.APPROVED CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR
REPLACEMENT OF FOUR TENNIS COURTS AT CHRISTIAN PARK IN AMOUNT
OF $38,607. C.L. 80
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #9PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING
CHAPTERS 3 AND 8 OF RICHFIELD CITY CHARTER. C.L. NO. 81
Council Meeting Minutes-5-April 13, 1998
City Manager Prosser reviewed Council Letter No. 81 regarding the
recommendation from the Charter Commission to amend Chapters 3 and 8 of the Richfield
City Charter modifying procedures for the adoption of ordinances and requiring a public
hearing and adoption of an ordinance for certain capital improvements.
Joe Novak, 7532 15th Avenue, Vice President of the Richfield Charter Commission,
summarized the control and accountability reasons for the Charter Commission’s
recommendation to approve the amendments.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Stokes, S/Rosenberg that this constitutes Second Reading of Bill No. 1998-6
amending Section 1181 which regulates and licenses transient merchants, peddlers,
wagon peddlers and solicitors, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 5-0.
Item #10PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION
OF 134-UNIT EXTENDED STAY HOTEL AT 300 WEST 78TH STREET.
C.L. NO. 82
City Manager Prosser reviewed Council Letter No. 82 regarding the request by
Candlewood Hotel for a conditional use permit to allow the construction of a 134 unit
extended stay hotel at 300 West 78th Street.
Jeff Melby, Weis Builders, Inc., described the proposed project.
Gary Tushie, Tushie Montgomery Inc., architect for the project, reviewed the site
plan, signage and elevation drawings for the proposed hotel.
Larry Wozniczka, 6744 Wentworth Avenue, stated procedural concerns about the
subdivision of the property and whether another public hearing should be required
regarding the sale of the property. He stated concerns that the requirement for a shared
parking and access agreement for the restaurant parcel would have a negative impact on
the future development of the site.
City Attorney Thomson stated that she would review the record.
Council Meeting Minutes-6-April 13, 1998
Council Member Susag stated that the Council had previously reviewed this issue
and that the entire parcel is being sold with the HRA retaining control of the northern
parcel and combined with the Soo Line parcel will be marketed for a restaurant.
Mr. Tushie stated that the shared parking and access agreement would have no
impact on the development of the restaurant parcel noting that most “pad site” restaurants
in shopping centers have that type of arrangement.
Richard Witmer, 7627 Blaisdell Avenue, asked what will happen when I-494 is
expanded and the service road is eliminated.
Mr. Tushie stated the south access would be closed and all traffic would access the
site from 77th Street.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Susag, 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. 8568
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
300 WEST 78TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 8568 in Resolution
Book No. 68.
Item #11PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING PROPERTY ALONG INTERSTATE 494 THAT IS
INCONSISTENT WITH CITY’S COMPREHENSIVE PLAN. C.L. NO. 83
City Manager Prosser reviewed Council Letter No. 83 regarding a proposed
ordinance amendment to rezone property along I-494 that is inconsistent with the City’s
Comprehensive Plan.
Ernie Lindstrom, 7406 Fremont Avenue, attorney representing Viking Paints,
owners of parcels #22 and #33, discussed their plans to lease out 7721 Pillsbury Avenue
to Viking Food Service for the repair of vending machines. He asked for clarification and
assurance that the existing use and specifically the repair use would be a legally non-
conforming use “grandfathered” in.
Zoning Administrator Urban stated that if the use is legally established under the
existing zoning, the rezoning may make an existing use/structure legally non-conforming
in the new district. She stated that when a property or use is legally nonconforming
Council Meeting Minutes-7-April 13, 1998
(“grandfathered” in), it can continue to be used as it is but cannot be enlarged, expanded,
intensified or rebuilt. She stated that if Viking rents out the building prior to the effective
date of the ordinance, the use would be permitted. She stated that physically combining
the buildings after the ordinance would probably not be allowed since it would enlarge a
non-conforming use.
Mr. Lindstrom suggested that he would meet with staff to clarify and specify the
understanding of how this will impact the plans of Viking Paint.
City Attorney Thomson stated that if the use is established prior to the effective
date of the rezoning and it is lawful under the current Industrial (I) zoning it would be
“grandfathered” in. She stated the two buildings could not be physically combined for that
use after the rezoning.
Bill Griffith, 1500 Norwest Financial Center, attorney representing the owners of
Minnesota Mini-Storage at 200 West 78th Street, stated concerns about making
Minnesota Mini-Storage a non-conforming use because of the amount of investment in the
property. He discussed their desire to also establish an accessory use for truck rental.
He suggested that the City Council establish a transitional use zoning for situations like
Minnesota Mini-Storage. He requested that Minnesota Mini-Storage be allowed to have
the truck rental as an accessory use as being consistent with the City code.
Zoning Administrator Urban reviewed the pending status of the request from
Minnesota Mini-Storage to allow a truck rental accessory use.
Council Member Sandahl suggested that staff proceed with the review of that
application on its merits.
City Attorney Thomson reviewed the alternative staff recommendation to set the
effective date of July 15, 1998 for rezoning of 200 West 78th Street from I to C-2 to allow
review of the accessory use proposal under the current zoning.
Council Member Susag discussed reasons why he favored continuing the public
hearing until August to allow review of the transitional zoning idea and resolve the truck
rental issue.
Discussion followed regarding the ending date for the moratorium, timing, Planning
Commission review, and the best date to continue the hearing.
M/Susag, S/Sandahl to continue the public hearing and second reading of the
ordinance rezoning property along Interstate I-494 that is inconsistent with the City’s
Comprehensive Plan to not later than the first regular meeting in August (August 10,
1998); and, to direct the Planning Commission to review the transitional zoning issue and
the Minnesota Mini-Storage truck rental issue.
Motion carried 5-0.
Council Meeting Minutes-8-April 13, 1998
Item #12PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF
MONTESORRISCHOOL AND DAY CARE FACILITY FOR 90
CHILDREN AT 1100 EAST 66TH STREET. C.L. NO. 84
City Manager Prosser reviewed Council Letter No. 84 regarding the request from
Bernie’s Montessori School for a conditional use permit to allow construction of a 4,160
square foot building at 1100 East 66th Street for a Montessori school and day care facility
for 90 children. He summarized and discussed the following issues:
x
Access
x
Traffic
x
Neighborhood impact
x
Trees and landscaping
x
Comprehensive Plan and Zoning
x
Recommendation for approval and basis of recommendation
Bernadette Mallawaaratchy, 13751 Shannon Parkway, Rosemount, the applicant,
stated that she had operated the Montessori School at St. Peter’s for the last ten years.
She proposed construction of a 4,160 square foot building at 1100 East 66th Street for the
Montessori School and day care for 90 children. She stated the hours of operation would
be 6:30 a.m. to 6:00 p.m. Monday - Friday. She reviewed the need for the school and day
care services. She requested the City Council to grant the conditional use permit.
Council Member Stokes asked about kitchen facilities and trash removal.
Ms. Mallawaaratchy stated there is no kitchen and that the children bring their
lunches.
Jeff McElmory, P.O. Box 26396, Minneapolis, architect for the project, indicated
there would be limited trash since there is no food preparation. He reviewed the inside
disposal of diapers. He indicated trash would be picked up like any other site.
Dawn Knutson, Hessian & McKasy, PA, attorney for the applicant, reviewed the
process used with the neighbors who participated in mediation. She noted that a learning
institution did not require a conditional use permit (CUP) but that the daycare did require a
CUP. She read the goals, policies, and objectives of the Comprehensive Plan that the
Planning Commission found the proposal to be consistent with according to their
interpretation. She discussed the following issues regarding the proposal:
x
Responsive to identified needs of clients
x
Children’s quality of life
x
Building design to look like a residence
x
Current C-2 zoning would allow retail and other similar uses without a CUP or
further approval from the City
x
The proposed use would have less impact than other potential uses
Council Meeting Minutes-9-April 13, 1998
x
Community support
x
Montessori square footage standards
Dennis W. Manson, 6901 Park Avenue, inquired about traffic and parking at the
site.
Jeff McElmory, architect for the project, stated there would be 20 parking stalls on
the site. He indicated 9-10 stalls would be used by school staff. He described how
parents drive in, park, bring the children into the building, and then leave the site at
intervals.
Bob Fritzke, 6529 11th Ave, spoke in opposition to granting the CUP citing
concerns about traffic, storage of trash containing diapers, and that the site is not
appropriate for day care.
Sandra Mueller, 6521 Fifth Avenue, spoke in opposition to granting the CUP citing
concerns about reserving the single family house on the site, the availability of other day
care facilities in the area, the undesirability of Montessori programs, and not wanting her
neighborhood park overrun by children.
Rosemary LeBlanc, 6821 Clinton Avenue, spoke in support of granting the CUP
citing the positive impact of the programs at Bernie’s and the importance of keeping this
educational opportunity in Richfield.
Linda Robinson, 500 East 73rd Street #3, stated that the issue in question is not
the Montessori program but the site.
Judy Johnson, 7339 Pillsbury Avenue, spoke in support of granting the CUP citing
the quality of the school and the fact that children are the lifeblood of the community.
Kevin Scott, 5030 35th Avenue, spoke in support of granting the CUP citing the
quality of the education and the negative impact that other commercial uses would have
on the neighborhood.
Tony Heppelmann, BRW, Inc., traffic consultant for the applicant, presented and
summarized the traffic study (agenda pages 12-10 through 12-14) conducted regarding
the proposed Montessori and day care facility at 1100 East 66th Street. He reviewed trip
generation, trip distribution, trip assignment, capacity analysis, other traffic
considerations, and conclusions related to the location of the facility at this site.
Bob Fritzke, 6529 11th Avenue, spoke in opposition to granting the CUP citing
concerns about traffic and a conflict with the Comprehensive Plan.
Jack Swan, 6409 2nd Avenue, inquired about trash removal from the site.
Tissa Senanayake, 1812 Turquoise Trail, Eagan, stated that the trash is put in
plastic garbage bags and put in a trash container outside.
Council Meeting Minutes-10-April 13, 1998
Council Member Sandahl asked if the school would be willing to build an enclosure
for the trash recepticle.
Mr. Senanayake answered affirmatively.
Sid Zochert, 6501 11th Avenue, spoke in opposition to granting the CUP citing
concerns about the use not being consistent with the Comprehensive Plan, devaluation of
his property, the goal of the City to support replacement housing, the traffic statistics
presented by Planning Commissioner Bill Kilian, and traffic.
Carole Rinder, 6420 11th Avenue, spoke in opposition to granting the CUP citing
concerns regarding the size of the parking lot, traffic, safety of children, opposition of
neighborhood, inappropriateness of the site, Bill Kilian’s traffic analysis, property values,
historical significance of the house, the availability of other day care in the area, and
preservation of the residential area. She stated that she had talked to her lawyer about
obtaining a restraining order and injunction to stop the project and asked those interested
in participating to contact her.
Mary Starleaf, 6505 11th Avenue, spoke in opposition to granting the CUP citing
the size of the site, traffic, and Bill Kilian’s traffic analysis. She suggested King Oscar’s as
an alternative site.
Wyatt Lewis, 1100 East 66th Street, stated that his parcel is larger than King
Oscar’s. He indicated he felt there was reasonable access getting onto 66th Street. He
stated he bought the property five years ago because it was zoned C-2 and it had been on
the market for a year. He indicated they had planned to establish their business at this
location. He stated that subsequently they opened their business in Eagan instead. He
stated that because the house is located on 66th Street there has been little interest in it
as a residential property. He indicated he had been approached by several who were
interested in developing the parcel for commercial use. He stated that he felt Bernie’s
would be the better use for the community and minimize the impact on the neighborhood,
especially since it would not be open nights or weekends. In response to a question from
the Mayor, Mr. Lewis stated that if this proposal is not approved, he would sell the
property to one of the commercial interests who have approached him.
Donna Zochert, 6501 11th Avenue, spoke in opposition to granting the CUP citing
concern about the size of the site and traffic on 11th Avenue. She suggested the City buy
the site for multi-family residential development.
Karin Giesie, 2239 East Old Shakopee Road, spoke in support of granting the CUP
stating that the site would not be appropriate for residential development.
Janet Holman, 6524 12th Avenue, spoke in opposition to granting the CUP citing
concern about traffic.
Tashika Sykes, 6604 Fifth Avenue, spoke in support of granting the CUP citing her
observations that traffic does not cut through her neighborhood and the need for a school
like Bernie’s in Richfield.
Council Meeting Minutes-11-April 13, 1998
Frank Sable, 6521 11th Avenue, asked if the property could be rezoned to
residential.
City Attorney Thomson reviewed the methods by which a property may be rezoned.
Doreen Pederson, 6921 Bloomington Avenue, stated that traffic is an issue with
any development and discussed the Comprehensive Plan. Dawn Knutson, attorney for
the applicant, stated that the property is zoned for commercial, a traffic study was done,
and that the home will be moved and not demolished.
Shelly Rhymers, 6401 11th Avenue, spoke in opposition to granting the CUP citing
concerns about traffic and safety.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
Council Member Rosenberg reviewed her experiences with the Richfield Fun Club
which had about 90 children indicating that the parking was not a problem there and didn’t
believe it would be a problem at this site. She stated support for the Montessori program.
She stated she was glad that day care children used the park.
M/Rosenberg, S/Susag that the proposed resolution entitled “Resolution for
Approving a Conditional Use Permit” be adopted.
Council Member Sandahl suggested the following two additional stipulations to the
conditional use permit:
x
That the owner must install a trash enclosure on the property at a location to be
specified by the Public Safety Director, within 30 days after the Public Safety
Director notifies the owner that a trash enclosure is warranted.
x
That the entrance drive must be angled so as to direct exiting traffic to
southbound 11th Avenue.
City Attorney Thomson suggested that the Council also adopt the “Basis of
Recommendation” as set forth in Council Letter No. 84 as its findings of fact.
Council Members Rosenberg and Stokes agreed to amend the motion to accept the
addition of the two suggested stipulations and findings of fact to the resolution.
Council Member Stokes stated that she previously ran a similar operation at 81st
Street and Nicollet Avenue. She stated she had served on the Planning Commission and
Comprehensive Plan Committee. She read a section of the Comprehensive Plan which
called for the consolidation of East 66th Street commercial uses at the 13th Avenue
intersection. She felt the vision of the Comprehensive Plan for this area was not for
scattered commercial use and therefore she would not support approval of the CUP.
Council Meeting Minutes-12-April 13, 1998
Council Member Sandahl stated he would support approval of the CUP. He stated
the Comprehensive Plan is a guide and a vision, however, changes will occur. He stated
that the alternative commercial uses which would be allowed at this site would have
significant impact on the neighborhood. He stated that there probably will be some traffic
that would use 11th Avenue. He stated it was his experience in using a 90 student day
care facility that he rarely saw other parents arriving or departing at the same time. He
stated that it was the Council’s job to sort out for the community whether the impact
overshadows the benefit to the community.
Council Member Susag indicated the order of priority for the right of land use is: 1)
current use; 2) zoning; and 3) Comprehensive Plan. He stated the City has adopted the
Comprehensive Plan as their vision. He indicated the City should move toward changing
zoning to conform to the Comprehensive Plan.
Mayor Kirsch indicated that Bernie’s had looked at this property prior to the new
Comprehensive Plan. He noted that the property owner has the right to sell to other
commercial uses that would have a large impact on the neighborhood. He stated he
would support approval of the CUP.
The motion restated with inclusion of the accepted amendments to the resolution:
M/Rosenberg, S/Susag that the following resolution be adopted with the addition of
the following two stipulations:
x
That the owner must install a trash enclosure on the property at a location to be
specified by the Public Safety Director, within 30 days after the Public Safety
Director notifies the owner that a trash enclosure is warranted,
x
That the entrance drive must be angled so as to direct exiting traffic to
southbound 11th Avenue;
and, that the Council adopt the Basis of Recommendation as set forth in Council
Letter No. 84 as its findings of fact; and, that it be spread in the resolution book and that it
be made part of these minutes:
RESOLUTION NO. 8569
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
1100 EAST 66TH STREET
Motion carried 4-1. (Stokes opposed) This resolution appears as Resolution No.
8569 in Resolution Book No. 68.
Item #13PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW SIX-SEAT RESTAURANT AT
SUBWAY IN RICHFIELD SHOPPES, 10 EAST 66TH STREET. C.L. NO. 85
Council Meeting Minutes-13-April 13, 1998
City Manager Prosser reviewed Council Letter No. 85 regarding the request from
Subway, 10 East 66th Street in the Richfield Shoppes, for a conditional use permit to add
seating for six making the restaurant a Type II restaurant.
M/Susag, S/Stokes 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. 8570
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
10 EAST 66TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 8570 in Resolution
Book No. 68.
Item #14PUBLIC HEARING REGARDING ACCEPTANCE OF PLANS AND
SPECIFICATIONS AND DIRECTION FOR STAFF TO RECEIVE BIDS FOR
RECONSTRUCTION OF 70TH STREET BETWEEN CHICAGO AVENUE
AND BLOOMINGTON AVENUE. C.L. NO. 86
City Manager Prosser reviewed Council Letter No. 86 recommending acceptance of
the plans and specifications and receipt of bids for the reconstruction of 70th Street
between Chicago Avenue and Bloomington Avenue.
Council Member Stokes asked about the schedule for construction.
Engineering Supervisor Atkinson stated that construction would be scheduled to
occur between Memorial Day and Labor Day while school is not in session.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Stokes, S/Susag to accept the plans and specifications and receipt of bids for
the reconstruction of 70th Street between Chicago Avenue and Bloomington Avenue.
Motion carried 5-0.
Council Meeting Minutes-14-April 13, 1998
Item #15CONSIDERATION OF RESOLUTION AUTHORIZING ACQUISITION OF
6241-14TH AVENUE TO PERMIT HRA TO PROCEED WITH HENNEPIN
TECHNICAL COLLEGE NEW CONSTRUCTION PROJECT AND FIRST
READING OF TRANSITORY ORDINANCE AUTHORIZING SALE OF
PROPERTY TO HRA. C.L. NO. 87
City Manager Prosser reviewed Council Letter No. 87 regarding the proposed
acquisition of 6241 14th Avenue to permit the HRA to proceed with a Hennepin Technical
College (HTC) new construction project and first reading of a transitory ordinance to
authorize the sale of the property to the HRA.
Council Member Susag stated concern that problems experienced with a previous
HTC project have been addressed.
Community Development Director Palmborg stated that a new process had been
negotiated with HTC since that project.
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. 8571
RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 6241-14TH AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 8571 in Resolution
Book No. 68.
Item #16FIRST READING OF ORDINANCE AMENDMENT RELATING TO COUNCIL
SALARIES. C.L. NO. 88
City Manager Prosser reviewed Council Letter No. 88 regarding first reading of a
proposed ordinance amendment providing for a 3% increase that would adjust the
Mayor’s salary to $7,995 per year and Council Member salaries to $6,206 per year
effective on January 1, 1999.
M/Sandahl, S/Stokes that this constitute the First Reading of an ordinance
amendment to Chapter II, Section 210.01 of the ordinance code to increase the salary of
the Mayor from $7,762 to $7,995 per year and the salaries of Council Members from
$6,025 to $6,206 per year; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the May 11, 1998 City Council meeting.
Motion carried 5-0.
Council Meeting Minutes-15-April 13, 1998
Item #16AANSWERS TO ADDITIONAL QUESTIONS REGARDING MAINTENANCE
FACILITY PROPOSAL AT VETERAN’S MEMORIAL PARK.
Council Member Sandahl read the following answers that he prepared in response
to additional questions regarding the maintenance facility proposal at Veterans Memorial
Park:
When the question was raised about the need for a facility as large as the garage that
1.
was planned (because Richfield has fewer streets, lights, etc. with the loss of New
Ford Town) the response given was that this loss was only 2% of the city and the cost
of maintenance would continue to go up. This does not answer the question. The cost
of nearly everything seems to go up. Would the city need more equipment and
therefore more garage space to maintain fewer streets.
Answer-
The reduction in city infrastructure is not significant enough to allow any
reduction in either the size or the number of pieces of equipment. As an example (this
example does not use real numbers, and is intended for illustration purposes only) if
before the reduction in city size as a result of the loss of New Ford Town we had 7
snow plows, after loosing New Ford Town (if the reduction is the aforementioned 2%)
we cannot reasonably eliminate any snow plows. The same situation holds true for
essentially all the large maintenance garage equipment. We will continue to have the
same number of squad cars, the same number of snowplows, the same number of park
grass mowers, sidewalk snowplows/blowers, etc. Any increase in the size of the
garage was a result of combining storage and operations with departments not
previously located in the maintenance facility. In addition, to reduce the visual impact
of the maintenance facility, drive isles where located inside. These additional
departments were to be included in the maintenance facility to gain some operation
advantages that would potentially either allow some reduction in overall head count or
reduce the need for any future increases in head count.
When was the city council made aware of the letter from Wayne Sames of the DNR to
2.
the Recreational Services Director, dated September 25, 1996? It states that utilizing
the site in Veterans Memorial Park would be considered a conversion of park property
and would require going through a park land conversion process?
Answer -
The city council was informed on several occasions during the site selection
process that the conversion process would be likely. This conversion process has
been required on other projects in the past. In each of those projects the process was
straight forward. We anticipated that the same would be true at Veterans Memorial
Park.
Since the conversion process takes between 7 and 14 months, why was nothing done
3.
prior to the January 12, 1998 meeting?
Council Meeting Minutes-16-April 13, 1998
Answer -
Although the process CAN take 7 to 14 months it doesn’t always take that
long. The Director of Recreation Services had been in verbal contact with the DNR
early in the site selection process and believed, from those conversations, that the
process would not, in the case of Veterans Memorial Park, take the full 7 to 14 months.
As in the case of other projects we believed we could complete the process during the
construction phase. In the case of the conversion process used for the Meridian
Crossings project the process was completed during the initial construction phase and
in considerably less than 7 months.
The proposed maintenance garage was not of a size to require a mandated EIS, thus
4.
the engineering firm was correct. However, the size was above the threshold whereby
concerned citizens could request such a study if the responsible government seems to
be unaware of the environmental impacts. Given the proximity of this proposed
building to a wetland, to a playground and adjacent to a water treatment plant, it seems
such a study would have been a responsible precaution. Why did the city (or staff) not
conduct an EIS?
Answer -
The purpose of an EIS is to assess the environmental impacts and most
importantly to define the appropriate mitigation of those impacts. The City Council
believes that we had either; already provided for the potential impacts or would have
provided appropriate mitigation during the remainder of the design and development
phase.
The final answers to the maintenance facility questions (dated 3/6/98) state ’tree
5.
removal is permitted under the DNR agreement (so) city crews began site preparation
when time permitted.’ Having read the agreement with the DNR, we can find no
statement allowing the tree cutting without prior written approval of the DNR. What
page and paragraph of the agreement is being referred to?
Answer -
City crews cut, trim, and plant trees in parks without notification to the DNR
on a regular basis. The agreement referred to is not the agreement outlining the
conditions under which the city received the grant for Veterans Memorial Park.
Richfield, like other Minnesota municipalities, operate under both general (statutory)
DNR regulations, and specific regulations. Those regulations give the city the right to
remove trees on park land.
Did the City Council give authorization to start excavation and tree removal prior to
6.
voting final approval of this project? If no, how does city staff have authority to
proceed without authorization? What changes have been made to prevent a repeat
occurrence.
Answer -
The trees were removed for two reasons. First, the maintenance facility was
scheduled for the site, secondly the trees were of poor quality and would eventually
(for safety reasons) have to be removed. Layout and concept approval were completed
by the city council in September 1997. Therefore, it was not necessary for staff to
have final approval of the maintenance facility in order to proceed. In a city manager
Council Meeting Minutes-17-April 13, 1998
form of government the city staff executes the day to day operation of the city. This is
the authority under which the city staff proceeded with removal of the trees. There
have been no permanent changes made and none are contemplated. With good
intentions city staff proceeded with an effort that later proved to be troublesome. At
worst, what happened is a result of human error, there are no procedures possible that
will absolutely prevent human error. City staff must be empowered to run the day to
day operations of the city if they are to deliver city services in a timely and cost
efficient manner.
Item #17AIRPORT STATUS REPORT
City Manager Prosser encouraged citizen participation in the mitigation strategy
community meetings.
Council Member Stokes presented the schedule for the airport mitigation
community meetings:
April 1410:00 a.m. - 12:00 p.m. at St. Joe’s Hall Assumption Church
April 157:00 p.m. - 9:00 p.m. at St. Joe’s Hall Assumption Church
April 1810:00 a.m. - 1:00 p.m. City Hall Council Chambers
April 217:00 p.m. - 9:00 p.m. Elliot Education Center
City Manager Prosser summarized and discussed the status of the following airport
issues:
x
Increased noise and aircraft flights over south Richfield due to the shifting of
flights to Runway 4-22 during the reconstruction of the South parallel runway.
x
MAC completion of the Final Environmental Impact Statement on April 24.
x
$2 million was allocated in the state bonding bill for ballfield replacement. Staff
will prepare plans and options for council consideration.
x
The City will need to plan for working with legislators on airport legislative
issues.
Item #18LEGISLATIVE REPORT
City Manager Prosser discussed the status of the following legislative issues:
x
Federal funding for the completion of 77th Street
x
$2 million funding for ballfield replacement
x
Metropolitan Council review of the impact of regional projects
Council Meeting Minutes-18-April 13, 1998
Council Member Susag suggested that staff provide to the Council a status report
on legislative action on the City’s legislative initiatives and policies.
Item #19COUNCIL DISCUSSION ITEMS
Council Member Sandahl asked if the City could do anything to get the owners to
repair the Rainbow Foods parking lot surface.
Council Member Susag stated concern about the practice of Rainbow Foods
storing grocery carts in the area signed as a fire zone.
Public Safety Director Scott stated he would review this issue.
Council Member Susag reminded the public about the availability of tickets to the
FOWL Dinner and Show scheduled for April 24 at the Decathlon Club.
Council Member Susag discussed the efforts of the pastor of Assumption Church in
addressing violence in the community.
Council Member Susag discussed the Comprehensive Plan designation related to
the Richfield Floral expansion.
Mayor Kirsch reminded residents that the April Your City publication has been
delivered and if further information is needed to call City staff.
Item #20CLAIMS AND PAYROLL
M/Stokes, S/Rosenberg that the following claims and payrolls be approved:
Checks: 75213-75261$259,495.76
H/C: 75712-76147$794,718.64
FIRSTAR BANK
Payroll:111632-111664; 112027-112288$548,357.09
Motion carried 5-0.
ADJOURNMENT
Council Meeting Minutes-19-April 13, 1998
The meeting was adjourned by unanimous consent at 10:24 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager