04-27-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 27, 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; Susan Rosenberg; Russ Susag; and Kristal
Stokes.
Members Not
Present:Michael Sandahl.
City Manager Prosser stated that Council Member Sandahl had informed him that
because of an out of town business commitment he would not be present at this meeting.
M/Susag, S/Stokes to determine the absence of Council Member Sandahl as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Dan Scott, Public Safety
Director; Gretchen Blank, Recreation Services Director; and Corrine
Thomson, City Attorney.
Council Meeting Minutes-2-April 27, 1998
APPROVAL OF MINUTES
Council Member Susag requested that the minutes of the regular City Council
Meeting of April 13, 1998 be amended to reflect the following change to paragraph three
on page 12: delete the words “property owner” and replace with the words “current use”.
M/Rosenberg, S/Stokes to approve the following minutes:
x
Regular City Council Meeting of April 13, 1998 (as amended)
x
Special City Council Meeting of April 14, 1998
x
Special City Council Meeting of April 15, 1998
x
Special City Council Meeting of April 22, 1998
Motion carried 4-0.
Item #1PRESENTATION OF PROCLAMATION DESIGNATING MAY 7, 1998
TRAUMATIC BRAIN INJURY AWARENESS DAY IN RICHFIELD.
Council Member Rosenberg read and presented a proclamation designating May
7, 1998 as Traumatic Brain Injury Awareness Day in the City of Richfield to Julie
McGinley representing Opportunity Partners.
Julie McGinley, TBI Coordinator for TBI Metro Services, a division of Opportunity
Partners, 33 West 65th Street, reviewed the history and programs provided through
Opportunity Partners.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING RICHFIELD’S
OBSERVANCE OF CINCO DE MAYO CELEBRATION AS MAY 2 AND MAY
3, 1998
Council Member Susag read a proclamation designating Richfield’s observance of
Cinco De Mayo Celebration as May 2 and May 3, 1998 to Pedro Rojis.
Pedro Rojis, 3649 Minnehaha Avenue, reviewed and invited the public to the Cinco
De Mayo program events scheduled for May 2 and May 3 at Taft Park.
Council Meeting Minutes-3-April 27, 1998
Item #3PRESENTATION OF PROCLAMATION DESIGNATING CHRISTIAN PARK
AS REGISTERED PEACE SITE.
Council Member Stokes read and presented a proclamation designating Christian
Park as a registered Peace Site to Recreation Services Director Blank.
Item #4OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON
ITEMS NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #5 COUNCIL APPROVAL OF AGENDA
Council Member Susag requested the addition of an item to the Council agenda for
the appointment of youth members to City Advisory Boards and Commissions.
Mayor Kirsch stated that consideration of the appointment of youth members to City
Advisory Boards and Commissions would be placed on the agenda as Item #15A.
M/Susag, S/Rosenberg to approve the agenda as amended.
Motion carried 4-0.
Item #6 CONSENT CALENDAR
A.APPROVED SETTING MAY 11, 1998 FOR PUBLIC HEARING AS REQUESTED
BY STATE OF MINNESOTA FOR NEW CURRENCY EXCHANGE LICENSE FOR
YOUNGE, POTTS, WEIZER & COMPANY INC., 7620 LYNDALE AVENUE C.L.
89
B.APPROVED SETTING MAY 11, 1998 AS PUBLIC HEARING FOR ISSUANCE OF
NEW SECONDHAND GOODS DEALER LICENSE FOR GROW BIZ
INTERNATIONAL, INC. D/B/A COMPUTER RENAISSANCE, 720 WEST 78TH
STREET C.L. 90
Council Meeting Minutes-4-April 27, 1998
C.APPROVED LAWFUL GAMBLING LICENSE WITH FEE WAIVER FOR FRED
BABCOCK VFW POST #5555, 710 LAKE SHORE DRIVE C.L. 91
RESOLUTION NO. 8572
RESOLUTION APPROVING LAWFUL GAMBLING
FOR THE FRED BABCOCK VFW POST #5555
This resolution appears as Resolution No. 8572 in Resolution Book No. 67.
D.APPROVED PURCHASE FROM COMMERCIAL ASPHALT COMPANY, INC. FOR
SEASONAL STREET MAINTENANCE SUPPLIES IN ESTIMATED AMOUNT OF
$30,000 C.L. 92
E.APPROVED INCREASE TO CENTRAL GARAGE AND EQUIPMENT FUND 1998
BUDGET BY $20,160 TO PURCHASE ONE 1998 FORD CROWN VICTORIA
FULL SIZE POLICE SEDAN AS REPLACEMENT SQUAD CAR FROM
SUPERIOR FORD, INC. THROUGH HENNEPIN COUNTY COOPERATIVE
PURCHASING PROGRAM C.L. 93
F.APPROVED PURCHASE FROM J. KRAFT TRUCK MANUFACTURING
THROUGH STATE OF MINNESOTA COOPERATIVE PURCHASING PROGRAM
FOR ATTACHMENTS TO THREE TRUCK CHASSIS IN AMOUNT OF
$115,098.72 C.L. 94
G.APPROVED APPLICATION FOR NEW RESIDENTIAL KENNEL LICENSE; 7301
WENTWORTH AVENUE, THREE DOGS C.L. 95
M/Stokes, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #7PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO SECTION 1181 WHICH REGULATES AND LICENSES
TRANSIENT MERCHANTS, PEDDLERS, WAGON PEDDLERS AND
SOLICITORS WITHIN CITY OF RICHFIELD. C.L. NO. 96
City Manager reviewed Council Letter No. 96 regarding a proposed ordinance
amendment to Section 1181 related to regulating and licensing transient merchants,
peddlers, wagon peddlers and solicitors. He reviewed the following elements of the
ordinance amendment:
x
All registration and license applications must be submitted to Public Safety staff a
minimum of 14 days prior to the beginning of the activity.
Council Meeting Minutes-5-April 27, 1998
x
All persons with sales or products of the farm or garden occupied and cultivated by
the person making such sales must complete and sign an affidavit attesting that the
products are home grown and must supply the Public Safety Department with the
location from which these products were grown. Staff will visit these sites to assure
that the affidavit is accurate.
x
Individuals currently exempt from licensing will be required to register with the Public
Safety Department so that staff will be aware of who is selling what products in the
community.
x
A license application for a class I license or registration of a transient merchant
activity must be accompanied by the written consent of the owner of the property on
which the transient merchant business will be conducted. The owner of the property
on which a transient merchant business is conducted is required to undertake due
and diligent efforts to ensure that the business complies with the ordinance
requirements.
x
Off street parking must be adequate as required by off-street parking standards on
file with the Community Development Department.
x
A transient business may only be conducted between the hours of sunrise to sunset.
x
A list of C-2 locations has been identified by the Community Development
Department as the only acceptable locations for this type of activity. This will be
available for applicants to review at the time of the submittal of their
application/registration.
Mayor Kirsch suggested that notification be sent to groups such as the Boy Scouts
who sell Christmas wreaths.
City Manager Prosser requested anyone knowing of similar groups to contact the
City so they may also be notified.
Council Member Susag suggested that Section 6, Subsection 1181.05 subdivision
2(h) proposed ordinance amendment be clarified regarding the word “must”.
City Attorney Thomson stated it would be appropriate to replace the work “must”
with the work “may” to clarify this part of the ordinance.
Council Member Susag noted that there are still some businesses that are
statutorily exempt from licensing and asked if the other regulations applied to them.
City Attorney Thomson stated that although they are exempt from licensing they
still must meet the other requirements including written consent of the landowner and
adequate off street parking.
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Stokes, S/Rosenberg that this constitutes Second Reading of Bill No. 1998-6,
amending Section 1181 relating to transient merchant activities; that it be published in the
official newspaper and that it be made part of these minutes.
Council Meeting Minutes-6-April 27, 1998
Motion carried 4-0.
Item #8PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE AUTHORIZING SALE OF 6241-14TH AVENUE TO HRA.
C.L. NO. 97
City Manager Prosser reviewed Council Letter No. 97 regarding a proposed
transitory ordinance authorizing the sale of 6241-14th Avenue to the HRA.
Ann Eid, 6639 Second Avenue, asked if this property was in the area contemplated
for redevelopment as part of the airport mitigation plan.
City Manager Prosser stated that the airport mitigation strategy should not be a
reason to stop investment in the area until a decision is made on that issue and a plan is
adopted. He stated that it was an important policy issue for the City Council.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 4-0.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1998-7
Transitory Ordinance No. 17.80, that it be published in the official newspaper and that it
be made part of these minutes.
Motion carried 4-0.
Item #9PUBLIC HEARING AND SECOND READING OF AMENDMENT TO CITY
CODE RELATED TO PARKING LOT STANDARDS AND CONSIDERATION
OF RESOLUTION AUTHORIZING PUBLICATION OF SUMMARY OF
AMENDMENT. C.L. NO. 98
City Manager Prosser reviewed Council Letter No. 98 regarding a proposed
ordinance amendment to Section 800 of the City Code related to parking lot standards.
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes-7-April 27, 1998
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1998-8
amending Section 800, that it be published in the official newspaper and that it be made
part of these minutes and 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. 8573
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT
TO SECTION 800 OF THE RICHFIELD CITY CODE
Motion carried 4-0. This resolution appears as Resolution No. 8573 in Resolution
Book No. 68.
This resolution passed with a 4-0 vote; however, the requirement of City Charter
Section 3.12 for a unanimous vote (5 affirmative votes) to approve the summary
publication was not met. Therefore, the complete text of the ordinance was published.
Item #10PUBLIC HEARING REGARDING ACCEPTANCE AND USE OF FUNDING
UNDER BUREAU OF JUSTICE ASSISTANCE LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM AS RECOMMENDED BY
THE GRANT ADVISORY BOARD. C.L. NO. 99
City Manager Prosser reviewed Council Letter No. 99 regarding acceptance of
funding in the amount of $31,717 under the Bureau of Justice Assistance (BJA) Local Law
Enforcement Block Grant (LLEBG) Program to be used for the following:
x
Partial funding of computerized telephone equipment to support the Crime
Prevention Unit of the Public Safety Department.
x
Purchase of two Mobile Computing Devices (MCD) for testing and development
prior to possible deployment of MCD’s in the entire police fleet.
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Stokes, S/Susag to approve the expenditure of the $31,717 received under the
Bureau of Justice Assistance Local Law Enforcement Block Grant Program for the
following:
x
Partial funding of computerized telephone equipment to support the Crime
Prevention Unit of the Public Safety Department.
x
Purchase of two Mobile Computing Devices (MCD) for testing and development
prior to possible deployment of MCD’s in the entire police fleet.
Motion carried 4-0.
Council Meeting Minutes-8-April 27, 1998
Item #11PUBLIC HEARING AND CONSIDERATION OF RESOLUTION DENYING
APPEAL TO BOARD OF ADJUSTMENT AND APPEALS OF DECISION
MADE BY COMMUNITY DEVELOPMENT DIRECTOR THAT RELIGIOUS
INSTITUTIONS ARE NOT ALLOWABLE USES IN MEDIUM DENSITY
MULTIPLE RESIDENTIAL DISTRICT. C.L. NO. 100
City Manager Prosser reviewed Council Letter No. 100 regarding consideration of
an appeal of a decision made by the Community Development Director that religious
institutions are not allowable uses in the MR-2 (medium density multiple residential)
district.
Council Member Susag asked if the applicant understood that the Council is
considering denial of the appeal under the current zoning regulations; and then would
next be considering a zoning ordinance amendment, that if approved, would later allow
them to apply for a conditional use permit.
Tom Challberg, 7409 Russell Avenue, stated they were aware of this fact and that
Zoning Administrator Julie Urban had been very helpful in explaining the process.
M/Rosenberg, S/Stokes to close the public hearing.
Motion carried 4-0.
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. 8574
RESOLUTION DENYING AN APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF A DECISION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR
Motion carried 4-0. This resolution appears as Resolution No. 8574 in Resolution
Book No. 68.
Item #12FIRST READING OF AMENDMENT TO APPENDIX B OF RICHFIELD CITY
CODE TO ADD SCHOOLS, CHURCHES AND DAY CARE FACILITIES AS
CONDITIONAL USES IN MULTIPLE FAMILY RESIDENTIAL ZONING
DISTRICTS AND TO ADD DAY CARE FACILITIES AS CONDITIONAL
USES IN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS. C.L. NO.
101
Council Meeting Minutes-9-April 27, 1998
City Manager Prosser reviewed Council Letter No. 101 regarding a proposed
ordinance amendment which would allow schools, churches and day care facilities as
conditional uses in multiple family residential zoning districts and to allow day care
facilities as conditional uses in single family residential zoning districts.
Council Member Susag asked for clarification regarding why the R and R-1 districts
were not treated the same for these uses.
City Manager Prosser stated that a map depicting the zoning districts and further
clarification regarding the R and R-1 districts would be provided at second reading.
M/Susag, S/Stokes that this constitute the First Reading of this ordinance
amendment to Appendix B; and that the Public Hearing and Second Reading of the
ordinance be scheduled for the May 26, 1998 City Council meeting.
Motion carried 4-0.
Item #13FIRST READING OF TRANSITORY ORDINANCE AUTHORIZING
EXPENDITURES FOR BALL FIELD REDEVELOPMENT PER STATE
GRANT. C.L. NO. 102
City Manager Prosser reviewed Council Letter No. 102 regarding a proposed
transitory ordinance to authorize the expenditure of the $2 million state grant approved by
the State legislature for ball field redevelopment.
Lawrence Wozniczka, 6744 Wentworth Avenue, asked the location and time of the
Ball Field Task Force Meeting and indicated his concern for a public hearing on this issue.
Recreation Services Director Blank stated that the next Ball Field Task Force
Meeting is scheduled for 7:00 p.m. on April 28, 1998 at the Community Center.
City Manager Prosser stated that this is first reading consideration of the transitory
ordinance and that staff is recommending setting the date of the public hearing for May
26.
M/Rosenberg, S/Susag that this constitute the First Reading of this ordinance; and
that the Public Hearing and Second Reading of the ordinance be scheduled for the May
26, 1998 City Council meeting.
Motion carried 4-0.
Council Meeting Minutes-10-April 27, 1998
Item #14CONSIDERATION OF AUTHORIZATION TO HIRE BRW, INC. TO PREPARE
PLAN FOR REDESIGNING NICOLLET AVENUE BETWEEN 66TH STREET
AND I-494 INCLUDING INSTALLING TRAFFIC SIGNAL AT 67TH STREET
AT NO COST NOT TO EXCEED $34,940. C.L. NO. 103
City Manager Prosser reviewed Council Letter No. 103 regarding consideration of
hiring BRW, Inc. to prepare a plan for redesigning Nicollet Avenue between 66th Street
and I-494 including installing a traffic signal at 67th Street.
Council Member Susag stated that this will include consideration of the safety of
the left turn movement from southbound Nicollet Avenue to eastbound 77th Street. He
stated that he had received many calls regarding this issue.
M/Susag, S/Stokes to authorize City staff to hire BRW, Inc. at a cost not to exceed
$34,940 to prepare a plan for redesigning Nicollet Avenue between 66th Street and I-494,
to perform a neighborhood planning process, and all design and construction engineering
work related to installing a new traffic signal at 67th Street and Nicollet Avenue.
Motion carried 4-0.
Item #15CONSIDERATION OF INCREASING LICENSED POLICE OFFICER
STAFFING FROM 43 TO 44 AND NECESSARY 1998 FUNDS FOR
SECOND JUVENILE INVESTIGATOR/SCHOOL LIAISON OFFICER
POSITION. C.L. NO. 104
City Manager Prosser reviewed Council Letter No. 104 regarding consideration of
increasing the licensed police officer staffing from 43 to 44 for the purpose of adding a
second Juvenile Investigator/School Liaison Officer position.
Public Safety Director Scott responded to questions regarding the program
responsibilities, position duties, and costs.
M/Rosenberg, S/Susag to authorize the Public Safety Department to increase
licensed police officer staffing from 43 to 44 and authorize the necessary 1998 funding for
the Second Juvenile Investigator/School Liaison Officer position.
Motion carried 4-0.
Item #15ACONSIDERATION OF THE APPOINTMENT OF YOUTH MEMBERS TO
Council Meeting Minutes-11-April 27, 1998
CITY ADVISORY BOARDS AND COMMISSIONS.
Mayor Kirsch stated that the City Council had interviewed youth applicants for
appointment to City Advisory Boards and Commissions on April 14, 1998 and April 22,
1998.
M/Susag, S/Rosenberg to approve the following youth appointments:
CommissionTerm
x
Friendship City Commission June 1, 1998 - May 31, 1999
Jenny Palmehn
Jeffrey Ahlstrand
x
Human Rights CommissionJune 1, 1998 - May 31, 1999
Pamela Dowell
x
Advisory Board of HealthJune 1, 1998 - May 31, 1999
Hazel Wnek
Kaylynn Breid
Motion carried 4-0.
Item #16AIRPORT STATUS REPORT
Council Member Susag gave a report on his meeting with Metropolitan Airports
Commissioner John Himle discussing issues including:
x
Mr. Himle’s letter to Governor Carlson urging him not to veto the $2 million
allocated in the bonding bill for ball field replacement.
x
Mr. Himle’s attendance at one of the community meetings for the airport
mitigation strategy.
x
Mr. Himle’s offer to hold a MAC Planning and Environment Committee meeting
in Richfield.
x
Ground level noise mitigation issues and trying to develop common ground for
legislative issues.
Council Member Rosenberg gave a report on her observations from attending two
of the community meetings on airport mitigation.
Council Member Stokes discussed her observations on the community airport
mitigation meetings and their impact.
Council Meeting Minutes-12-April 27, 1998
Mayor Kirsch stated that City staff and the Connections for Communities organizers
had done a good job in facilitating the process. He stated he was pleased with the level of
participation by community members.
City Manager Prosser discussed and reported on the following issues:
x
Connections for Communities budget for services will require an additional
$5,500.
x
Communication concepts and products.
x
Replacement housing concept.
x
Meeting with MAC Executive Director Jeff Hamiel.
x
Meeting with Northwest Airlines regarding low frequency noise mitigation issue.
x
Meeting with Jim Solem from Metropolitan Council.
x
EQB Meeting in May.
x
Airport noise report regarding investigation of low frequency noise impact at
Baltimore, San Francisco, Boston, and Washington airports.
x
EIS on north-south was not released on April 24 as expected.
x
Timetable for completion of mitigation plan and review by Planning Commission
and City Council.
Discussion followed regarding the submittal of a Draft Mitigation Plan to MAC. It
was the consensus of the City Council that this should be done as soon as possible.
Council Member Susag reported on a phone call from a resident on the 6500 block
of 15th Avenue who stated that the airport is not a problem and if they want to they can
put a runway right through City Hall.
Item #17LEGISLATIVE REPORT
None
Item #18COUNCIL DISCUSSION ITEMS
Mayor Kirsch invited the public to the Students Against Drunk Driving (SADD)
basketball game fund-raiser at Richfield High School at 7:00 p.m. on April 30, 1998
Mayor Kirsch invited the public to attend the Richfield Water Plant and City
Maintenance Facility Open House activities scheduled for 9:00 a.m. - 3:00 p.m. on May 2,
1998.
Council Member Susag invited the public to the Cinco De Mayo Celebration at Taft
Park on May 2-3, 1998.
Council Meeting Minutes-13-April 27, 1998
Item #19CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 75262-75286$27,940.30
H/C: 76149-76493$787,494.34
Payroll: 5054-5439$431,477.16
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:35 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager