06-08-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
June 8, 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.
M/Susag, S/Stokes to determine the absence of Council Member Sandahl as an
excuse 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; Mike Eastling, Public Works
Director; William Fillmore, Liquor Operations Director; Dawn
Weitzel, Communications/Special Project Assistant; Frank White,
Special Programs Manager; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the following minutes:
Council Meeting Minutes-2-June 8, 1998
x
Regular City Council Meeting of May 26, 1998
x
Regular City Council Study Session of June 1, 1998
Motion carried 4-0.
Item #1PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1998-99 MISS
RICHFIELD AMBASSADOR CANDIDATES.
Council Member Rosenberg read and presented Certificates of Appreciation to the
following 1997-1998 Miss Richfield and Ambassadors:
Stacy Waldron, Miss Richfield
Amy Petersen, Princess
Jennifer Boese, Princess
and the following 1998-1999 Miss Richfield Ambassador candidates:
Jessie AndersonVictoria Czupryna
Brynn EricksonMeredith Davis
Sabrina FriendBeth Heimerl
Anastasia KarabatsouLiesl Larson
Kazia PeickChristine Puppe
Odessa SimmsMichelle Stroth
Item #2PRESENTATION OF RICHFIELD PUBLIC SAFETY DEPARTMENT FROM
GROUP REPRESENTING AMERICAN LEGION WOMEN’S AUXILIARY.
Colleen Hendrickson, Unit President, and Dorothy Hathaway, Community Service
Chairperson, from the Minneapolis-Richfield American Legion Women’s Auxiliary,
presented 20 teddy bears to the Public Safety Department for use by the Police Trauma
Unit.
Lt. Sandell accepted on behalf of the Police Division and explained how the teddy
bears can be helpful in dealing with children in trauma situations.
Item #3RECOGNITION OF RICHFIELD HIGH SCHOOL TEACHERS AND
STUDENTS IN STUDY OF MSP AIRPORT EXPANSION AND PROTECTION
OF RICHFIELD COMMUNITY.
Council Meeting Minutes-3-June 8, 1998
Council Member Stokes read and presented a plaque to Richfield High School
student representative Alia Barbouche recognizing the Richfield High School students
and teachers for their efforts to study, draft mitigation proposals, and write letters
regarding the proposed expansion of the airport.
Alia Barbouche, 6501 Girard Avenue, presented a letter from Richfield High School
students to the City Council regarding airport issues.
Pam Dmytrenko, 7030 Irving Avenue, School Board Member, stated appreciation
for the support of the school and City staff in working with the students on this issue.
Item #4RECOGNITION OF RICHFIELD ADVENTURE GARDENS MINIATURE GOLF
STAFF FOR “BEST MINIATURE GOLF” DESIGNATION IN MAY 13 ISSUE
OF CITY PAGES, BEST OF TWIN CITIES FEATURE.
Mayor Kirsch acknowledged Mini-Golf Coordinator Jim Burr and Enterprise Facility
Manager Al Payne for receipt of the designation from City Pages publication of Richfield’s
Adventure Gardens Miniature Golf Course as the “Best Miniature Golf” in the Twin Cities.
Item #5PRESENTATION OF CERTIFICATES OF RECOGNITION TO CITY OF
RICHFIELD MOTOR VEHICLE LICENSING EMPLOYEES, CITY CLERK
DIVISION.
Council Member Susag read and presented a Certificate of Recognition to Motor
Vehicle Licensing Supervisor Nancy Gibbs and the Motor Vehicle Licensing employees in
recognition of their achievement in Deputy Registrar accuracy and customer service
ratings from the Minnesota Department of Driver and Vehicle Services.
Item #5APROCLAMATION RECOGNIZING KEATON LUTHER AS A COMMUNITY
HERO.
Council Member Susag read and presented a proclamation recognizing Keaton
Luther as a community hero for saving the life of another child from drowning in a
swimming pool.
Nolan Bjorge, Principal of Centennial Elementary School where Keaton is a third
grader, thanked the community on behalf of Keaton and his family for the recognition of
Keaton’s actions.
Council Meeting Minutes-4-June 8, 1998
Item #6ACCEPTANCE OF TREE CITY USA TWELVE YEAR AWARD. C.L. NO. 128
Public Works Director Eastling reviewed Council Letter No. 128 regarding
acceptance of the Twelve Year Award recognizing the City of Richfield as a Tree City
USA.
Item #7OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Stu Fraser, Community Service Manager for Northern States Power (NSP),
presented a report on the repair and restoration of electric utility service resulting from the
May 15 and May 30 storms. He provided an overview of the electric delivery system,
damage to the system, and a repair chronology. He provided a fact sheet responding to
several key questions regarding tree trimming, service priorities, response time, telephone
response, number of crews available, and the extent of the power outages. He thanked
community residents for their patience, understanding, and support under difficult
circumstances. He acknowledged the City crews for their assistance in the cleanup
process.
Public Works Director Eastling reminded residents that a drop off tree branch
disposal site for Richfield residents is located on the west side of Cedar Avenue at 62nd
Street near Taft Park.
Ron Glaub, 7209 12th Avenue, stated that the City Council should take action to
recover damages from City staff who removed trees from Veterans Memorial Park so that
no tax dollars are spent as a result.
John Hardy, 6513 Humboldt Avenue, stated he represented several senior citizens
in requesting that the City Council budget an additional $2,000 for the Community Center
to relieve seniors from the 50 cent fee related to card playing.
Council Member Rosenberg stated that the Community Services Commission had
previously reviewed this request and did not recommend allocating the additional funding,
therefore it was not in the budget.
Item #8 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 4-0.
Council Meeting Minutes-5-June 8, 1998
Item #9 CONSENT CALENDAR
A.APPROVED AWARD OF CONTRACT TO MIDLAND HEATING AND AIR
CONDITIONING FOR REMOVAL AND INSTALLATION OF FURNACE AND AIR
CONDITIONING SYSTEMS IN AMOUNT OF $29,195 C.L. 129
B.APPROVED AUTHORIZATION TO NEGOTIATE WATERSHED BOUNDARY
CHANGE MOVING RICHFIELD LAKE AND AUGSBURG PARK POND
SUBWATERSHEDS FROM MINNEHAHA CREEK WATERSHED DISTRICT TO
RICHFIELD BLOOMINGTON WATERSHED MANAGEMENT ORGANIZATION
C.L. 130
C.APPROVED JUNE 22, 1998 AS DATE FOR PUBLIC HEARING TO CONSIDER
ISSUANCE OF NEW WINE AND ON-SALE 3.2 PERCENT MALT LIQUOR
LICENSE FOR KETSANA’S THAI RESTAURANT, 7545 LYNDALE AVENUE C.L.
131
M/Stokes, S/Susag to approve the consent calendar.
Motion carried 4-0.
Item #10PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO SUBSECTIONS 506 AND 521 OF ZONING
ORDINANCE TO ALLOW RESIDENTIAL FRONT PORCH ADDITIONS
THAT ENCROACH ON FRONT SETBACK AND APPROVE RESOLUTION
AUTHORIZING PUBLICATION OF SUMMARY OF AMENDMENT.
C.L. NO. 132
City Manager Prosser reviewed Council Letter No. 132 regarding a proposed
ordinance amendment which includes the following provisions:
x
porch additions up to 10 feet are permitted as long as the addition is no closer
than 20 feet to the front lot line; plans must be approved by the Community
Development Director;
x
the exterior materials must be consistent with the front of the dwelling;
x
the roof must be integrated with the dwelling and have no less than a 3/12
slope;
x
the base of the porch cannot be open (deck-like);
x
at least 65 percent of the facade has to be either open or occupied by
screens/windows/doors of transparent material; and
x
plans that are not prepared by an architect have to be reviewed by the Design
Advisor.
Council Meeting Minutes-6-June 8, 1998
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1998-12
amending Sections 506 and 521, 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. 8577
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO
SUBSECTION 506 AND 521 OF APPENDIX B OF THE RICHFIELD CITY CODE
that it be published in the official newspaper and that it be made part of these minutes.
This resolution appears as Resolution No. 8577 in Resolution Book No. 68.
Motion carried 4-0.
Item #11PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT TO SUBSECTION 511 OF ZONING ORDINANCE TO
ALLOW LIMITED EXPANSION OF NONCONFORMING RESIDENTIAL
STRUCTURES. C.L. NO. 133
City Manager Prosser reviewed Council Letter No. 133 regarding a proposed
ordinance amendment to allow the expansion of nonconforming residential structures with
the following limitations:
x
it applies only to single and two family residential properties;
x
the structure can be expanded up to 100 percent of current size (provided all
other requirements are met);
x
the expansion cannot extend any farther into the setback; and
x
it applies only to setback infringements of 50 percent or less.
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1998-13
amending Section 511, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 4-0.
Council Meeting Minutes-7-June 8, 1998
Item #12CONSIDERATION OF ADOPTION OF AIRPORT MITIGATION
PROPOSAL IN RESPONSE TO ENVIRONMENTAL IMPACT STATEMENT
FOR CONSTRUCTION OF NORTH-SOUTH RUNWAY AT
MINNEAPOLIS-ST.PAUL INTERNATIONAL AIRPORT. C.L. NO. 134
City Manager Prosser reviewed Council Letter No. 134 regarding the Airport
Mitigation Proposal the City prepared in response to the proposed construction of the
north-south runway (17/35) presenting the following information:
1.The proposed north-south runway at Minneapolis-St. Paul International Airport will
produce significant noise, traffic, economic and other impacts in Richfield that need to
be mitigated.
2.The Environmental Impact Statement does not adequately address the negative
impacts of the runway on the City of Richfield and has no proposal for addressing the
impacts.
3.The Airport Mitigation Proposal is a proactive means to address the significant
impacts of the north-south runway on the Richfield community.
4.The redevelopment portion of the Airport Mitigation Proposal is based on the goals
and objectives in the City’s Comprehensive Plan.
5.Several community meetings were held to inform residents and property owners about
the impacts of the runway and the proposed Airport Mitigation Proposal.
Council Member Rosenberg stated that it was important to stress this is a tool and
a concept, not a plan, and that the City does not want to have to implement it.
Council Member Stokes stated that low frequency noise impacts are still being
studied and as more information becomes available the mitigation concept may change.
Dick Ziemer, 6400 Vincent Avenue, stated that he felt that the MAC and FAA have
forgotten about the impacts on west Richfield. He indicated that there has been a
substantial increase in high and low frequency noise over the last five years in west
Richfield. He discussed the following:
x
That the mitigation proposal should include mitigation for west Richfield.
x
That the mitigation proposal doesn’t go far enough in demanding the MAC pay
for the full impact on the community.
x
That the MAC be required to pay for all future impacts on school aid and the tax
base.
Council Member Rosenberg stated that the impacts will affect the whole community
including west Richfield.
City Manager Prosser reviewed the airport mitigation concept philosophy, noting
that the City Council must make a judgment on the reasonableness of the proposal.
Council Meeting Minutes-8-June 8, 1998
Council Member Rosenberg suggested including the total community in the
proposal.
Council Member Stokes discussed including the whole community contingent on
further information.
Council Member Rosenberg suggested inclusion of the whole community for
potential compensation based on further study or tests determining the impact.
Council Member Susag discussed the mitigation funding and endowment stated in
#1.5.5 of the mitigation concept.
City Manager Prosser stated that he had the sense that the Council is requesting
that City staff include a requirement in the mitigation proposal that a study be undertaken
to identify any other noise impact, either high or low frequency noise, that might have a
detrimental impact upon the quality of life in the whole community; and, that funding be
provided if it is determined that the airport is having that impact; and, that money be
provided to compensate residents for any such impact .
M/Kirsch, S/Rosenberg to approve the amendment to the Airport Mitigation
Proposal as outlined by the City Manager.
Motion carried 4-0.
Earl Grindheim, 6844 17th Avenue suggested the following:
x
That the City study and take legal action to stop the planning and construction
of the runway.
x
That the City call a meeting of citizens to discuss how to stop the runway.
Mayor Kirsch explained how the City had opposed the north-south alternative and
supported the easterly parallel runway alternative, however, the State legislature made
the decision to choose the north-south runway. He discussed the current pending
litigation regarding Runway 4-22.
City Attorney Thomson reviewed the environmental protection laws under which the
City has raised issues. She stated the legislature has approved and authorized the north-
south runway. She stated the State has authority over the City since City derives its
power from the State.
City Manager Prosser reviewed the legal issues and advice from legal counsel
regarding environmental rights, State environmental law, and federal environmental law
regarding the airport issue. He stated that although the City hopes the Airport Mitigation
Proposal will not have to be implemented, it must be prepared to demonstrate the impacts
and costs that may need to be mitigated if the runway is constructed.
Council Meeting Minutes-9-June 8, 1998
Mr. Grindheim indicated that the facilitators had done a good job but was
concerned that people may feel helpless and think it is too late to do anything.
Council Member Susag stated that the City needs to demonstrate the
environmental impact on the City otherwise there will be no legal basis to challenge the
E.I.S. or stop construction of the runway.
City Manager Prosser discussed the upcoming deadline of June 15 to submit
comments on the north-south runway E.I.S., E.Q.B. review, Metropolitan Council review,
and F.A.A. review.
Mayor Kirsch suggested residents should ask the Governor and legislative
candidates about their views on the airport issues.
Charles Starner, 7301 Wentworth Avenue, a member of the CARE Team, stated
that the Metropolitan Council Transportation Committee had been very receptive to input
from the CARE Team at their last meeting. He invited residents to attend the CARE Team
meetings Thursday evenings at 7:00 p.m. at the Elliot Education Center.
Council Member Stokes read a petition (Clerk’s File No. C-366) from several
residents in the area of 64th Street and 17th Avenue requesting that the MAC buy their
properties.
Dick Zeimer, 6400 Vincent Avenue, stated that the legislature made a bad decision
not to move the airport and now the MAC must deal with Richfield. He stated residents
should look to elect a Governor who will pay attention to the City’s concerns. He
suggested that the Governor candidates should be required to submit a written statement
of their position on protecting the residents of Richfield from the impacts of the airport.
Ron Glaub, 7209 12th Avenue, stated that he hoped that the Council would take
the comments and balance them with the mitigation plan. He discussed issues about the
disruption of lives to provide mitigation and his opinion that the City just allowed the MAC
to take New Ford Town.
M/Susag, S/Rosenberg to adopt the Airport Mitigation Proposal as amended and to
direct staff to submit the Airport Mitigation Proposal in response to the Environmental
Impact Statement for the north-south runway (17/35).
Motion carried 4-0.
Council Member Rosenberg discussed her conversations with the Mayor of
Minneapolis regarding airport issues. She suggested that the Richfield and Minneapolis
City Councils meet to discuss raising awareness of the impact of low frequency noise on
the adjacent communities. She requested City staff to facilitate such a meeting and to
also include the CARE Team in the process.
Mayor Kirsch and the City Council thanked the CARE Team for their dedication and
commitment to this issue.
Council Meeting Minutes-10-June 8, 1998
Item #13AIRPORT STATUS REPORT
City Manager Prosser gave an overview of the New Ford Town/Rich Acres buyout
process and discussed the complexity of the various airport issues.
City Manager Prosser provided a status report on the Runway 4-22 litigation and
the City’s response to the north-south runway E.I.S.
City Manager Prosser discussed the possible joint press conference with the
Minnesota Valley National Wildlife Refuge to explain the serious and substantive issues
of concern that both agencies have regarding the north-south runway (17/35) E.I.S. He
indicated that the CARE Team and school district representatives would also be invited to
participate.
It was the consensus of the City Council that the press conference was an
appropriate communication method and that staff should proceed as proposed.
City Manager Prosser acknowledged the work of facilitators Vivian Hart and
Julianne Manship for their work in facilitating the mitigation concept process and stated
their work would terminate on June 15.
Item #14LEGISLATIVE REPORT
None.
Item #15COUNCIL DISCUSSION ITEMS
Council Member Rosenberg acknowledged the accomplishment of two Richfield
residents in receiving party endorsements for Governor and Secretary of State.
Council Member Rosenberg encouraged the City Council and City staff to attend
the Richfield Lake Neighborhood Association meeting on June 16.
Discussion followed regarding the Open Meeting Law requirements if a quorum of
the City Council attended the meeting,
M/Rosenberg, S/Kirsch that notice of a Special City Council Meeting be posted for
Tuesday, June 16, 1998 at 7:00 p.m.
Motion carried 4-0.
Council Member Susag stated he would be out of town on June 16 and would not
be able to attend.
Council Meeting Minutes-11-June 8, 1998
City Clerk Ferber requested clarification regarding the location of the meeting.
Council Member Rosenberg stated she would fax a copy of the requested
information to the City Clerk.
Council Member Susag invited the public to the following events:
x
Augsburg Park Friends of the Library Book Sale - Wednesday, June 10 from
5:00 p.m. - 8:00 p.m.
x
Spartan Foundation Invitational Golf Tournament - June 23 at Rich Acres Golf
Course.
Mayor Kirsch reminded residents that the June issue of the Your City newsletter
has been delivered and that residents who need additional information on any issue are
encouraged to call City staff.
Item #16CLAIMS AND PAYROLL
M/Susag, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 75338-75371$101,397.76
H/C: 77225-77567$774,464.67
Payroll: 9736-10045$1,304,905.35
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:06 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City Clerk City Manager