07-13-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 13, 1998
CALL TO ORDER
The meeting was called to order by Mayor Pro Tempore Sandahl at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Michael Sandahl; Susan Rosenberg; Kristal Stokes; and Russ
Susag.
Members Not Present:Martin Kirsch, Mayor.
City Manager Prosser stated that Mayor Kirsch had informed him that he was on
vacation and would not be present at this meeting.
M/Sandahl, S/Susag to determine the absence of Mayor Kirsch 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; Tom Foley, Transportation
Engineer; William Fillmore, Liquor Operations Director; and
Corrine Thomson, City Attorney.
Council Meeting Minutes-2-July 13, 1998
APPROVAL OF MINUTES
M/Susag, S/Stokes to approve the following minutes:
1.Special Joint City Council/HRA/Planning Commission/Community Services
Commission Meeting of June 15, 1998;
2.Special City Council Meeting of June 16, 1998 (No Quorum);
3.Regular City Council Meeting of June 22, 1998; and
4.Regular City Council Study Session of July 6, 1998.
Motion carried 4-0.
Item #1PRESENTATION OF STATE OF MINNESOTA CERTIFICATE OF
COMMENDATION TO CITY OF RICHFIELD IN RECOGNITION OF
SUCCESSFUL PARTNERSHIP EFFORTS WITH AIRPORT/RECREATION
LANDS COORDINATING GROUP
Mayor Pro Tempore Sandahl read a certificate of commendation received from
Governor Carlson in recognition of successful partnership efforts with the Airport/
Recreation Lands Coordinating Group.
Item #2OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #3COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
Council Meeting Minutes-3-July 13, 1998
A.APPROVED RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS
ESTABLISHED BY MINNESOTA STATUES 466.40 C.L. 145
RESOLUTION NO. 8582
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04.
This resolution appears as Resolution No. 8582 in Resolution Book No. 68.
B.APPROVED RESOLUTION OF SUPPORT FOR CITY TO SUBMIT APPLICATION
FOR LIVABLE COMMUNITIES DEMONSTRATION PROGRAM PLANNING
GRANT TO METROPOLITAN COUNCIL. C.L. 146
RESOLUTION NO. 8583
RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES
DEMONSTRATION PROGRAM
This resolution appears as Resolution No. 8583 in Resolution Book No. 68.
C.APPROVED AUTHORIZATION FOR CITY MANAGER TO EXECUTE WAIVER
AND CONSENT LETTER TO PERMIT LEONARD, STREET AND DEINARD TO
REPRESENT WALSER AUTOMOTIVE GROUP. C.L. NO. 147
D.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY
1, 1997 TO DECEMBER 31, 1997, ORDERING PREPARATION OF
ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR SEPTEMBER 14,
1998 C.L. 148
RESOLUTION NO. 8584
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF
DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF
JANUARY 1, 1997 TO DECEMBER 31, 1997
RESOLUTION NO. 8585
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR
DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD OF
JANUARY 1, 1997 TO DECEMBER 31, 1997
These resolutions appear as Resolution No.’s 8584 and 8585 in Resolution Book
No. 68.
Council Meeting Minutes-4-July 13, 1998
E.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF ASSESSMENT ROLL FOR 1997 77TH STREET
REDEVELOPMENT AREA MAINTENANCE, CITY PROJECT NO. 922, AND
SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 149
RESOLUTION NO. 8586
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE
JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 CITY PROJECT NO. 922
RESOLUTION NO. 8587
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET
MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997
CITY PROJECT NO. 922
These resolutions appear as Resolution No.’s 8586 and 8587 in Resolution Book
No. 68.
F.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF ASSESSMENT ROLL FOR 1997 LHN
REDEVELOPMENT AREA MAINTENANCE, CITY PROJECT NO. 923, AND
SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998. C.L. 150
RESOLUTION NO. 8588
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE
JANUARY 1, 1997 THROUGH DECEMBER 31, 1997
CITY PROJECT NO. 923
RESOLUTION NO. 8589
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN
MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997
CITY PROJECT NO. 923
These resolutions appear as Resolution No.’s 8588 and 8589 in Resolution Book
No. 68.
G.APPROVED RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR
ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1997
THROUGH DECEMBER 31, 1997, CITY PROJECT NO. 924, RESCINDING 1998
ALLEY MAINTENANCE POLICY AND ELIMINATING 1998 ASSESSMENT, AND
SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 151
Council Meeting Minutes-5-July 13, 1998
RESOLUTION NO. 8590
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR 1997 ALLEY MAINTENANCE AND
SNOWPLOWING - CITY PROJECT NO. 924
RESOLUTION NO. 8591
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1997 ALLEY
MAINTENANCE - CITY PROJECT N0. 924
These resolutions appear as Resolution No.’s 8590 and 8591 in Resolution Book
No. 68.
H.APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF
1999 MAINTENANCE ASSESSMENTS, 77TH STREET REDEVELOPMENT
AREA, CITY PROJECT NO. 949, AND SETTING DATE OF HEARING FOR
SEPTEMBER 14, 1998 C.L. 152
RESOLUTION NO. 8592
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE
PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 1999
PROPOSED TO BE CITY PROJECT NO. 949 (415-35-645)
This resolution appears as Resolution No. 8592 in Resolution Book No. 68.
I.APPROVED RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF
1999 MAINTENANCE ASSESSMENT, LHN REDEVELOPMENT AREA, CITY
PROJECT NO. 948, AND SETTING DATE OF HEARING FOR SEPTEMBER 14,
1998 C.L. 153
RESOLUTION NO. 8593
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT
SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA
FOR THE PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 1999,
PROPOSED CITY PROJECT NO 948 (415-35-635)
This resolution appears as Resolution No. 8593 in Resolution Book No. 68.
J.APPROVED RESOLUTION REGARDING AGREEMENT BETWEEN STATE OF
MINNESOTA, STATE PATROL DIVISION, AND CITY OF RICHFIELD, PUBLIC
SAFETY DEPARTMENT, PERTAINING TO OPERATION NIGHTCAP PROGRAM.
C.L. NO. 154
Council Meeting Minutes-6-July 13, 1998
RESOLUTION NO. 8594
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS
This resolution appears as Resolution No. 8594 in Resolution Book No. 68.
K.APPROVED PLACE OF AMUSEMENT AND ITINERANT FOOD LICENSE WITH
FEE WAIVERS FOR CHURCH OF THE ASSUMPTION 1998 FUN FEST ON
AUGUST 15 AND 16, 1998. C.L. 155
L.APPROVED NEW RESIDENTIAL KENNEL LICENSE; 6301 LOGAN AVENUE;
THREE DOGS. C.L. 156
M/Susag, S/Stokes to approve the consent calendar.
Motion carried 4-0.
Item #5PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF TWIN HOME AT 7645 NICOLLET AVENUE.
C.L. NO. 157
City Manager Prosser reviewed Council Letter No. 157 regarding consideration of
the request of Mahoney Construction for a conditional use permit to allow construction of
a twin home at 7645 Nicollet Avenue.
Larry Wozniczka, 6744 Wentworth Avenue, stated concerns about the Nicollet
Avenue study regarding a possible change to a three lane configuration on Nicollet
Avenue which may require additional right of way for a left turn lane on Nicollet Avenue or
a bus turnout on 77th Street. He suggested postponing action until completion of the
Nicollet Avenue study.
Transportation Engineer Foley stated that the Nicollet Avenue study was being
done with the idea of utilizing the existing right of way and possibly downsizing to three
lanes. He indicated there was adequate right of way south of the 77th Street sound wall if
a bus turnout was ever required.
Council Member Susag asked if this item would appear before the HRA.
Community Development Director Palmborg stated that the HRA had previously
conducted a public hearing regarding the disposition of this property. He stated the City
Council will still have to consider a subdivision waiver for this proposal.
Council Member Susag discussed his support for a left turn lane on Nicollet
Avenue at 77th Street.
Council Meeting Minutes-7-July 13, 1998
M/Susag, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Susag, 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. 8595
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
7645 Nicollet Avenue
Motion carried 4-0. This resolution appears as Resolution No. 8595 in Resolution
Book No. 68.
Item #6CONSIDERATION OF RESOLUTION ACCEPTING PETITION BY TOLD
DEVELOPMENT COMPANY TO VACATE SEWER EASEMENT AND
FIRST READING OF TRANSITORY ORDINANCE VACATING SEWER
EASEMENT AT MERIDIAN CROSSINGS. C.L. NO. 158
City Manager Prosser reviewed Council Letter No. 158 regarding consideration of
actions related to the vacation of a sewer easement at Meridian Crossings.
M/Susag, 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. 8596
RESOLUTION AUTHORIZING RECEIPT OF STREET RIGHT-OF-WAY PETITION AND
CALLING FOR PUBLIC HEARING
(MERIDIAN CROSSINGS SEWER EASEMENT)
Motion carried 4-0. This resolution appears as Resolution No. 8596 in Resolution
Book No. 68.
M/Susag, S/Stokes that this constitute first reading of a transitory ordinance
vacating a sewer easement at Meridian Crossings; and that public hearing and second
reading of the ordinance be scheduled for the August 10, 1998 City Council meeting.
Motion carried 4-0.
Item #7FIRST READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE
OF 6913, 6915, 6921, 6925, 6929, 6933 AND 6937 PENN AVENUE TO
HRA FOR REDEVELOPMENT PURPOSES. C.L. NO. 159
Council Meeting Minutes-8-July 13, 1998
City Manager Prosser reviewed Council Letter No. 159 regarding a proposed
transitory ordinance to authorize the sale of property at 6913, 6915, 6921, 6925, 6929,
6933 and 6937 Penn Avenue to the HRA for redevelopment and a stormwater collection
pond.
Council Member Rosenberg asked about the acquisition status for the properties
located at 6915 and 6937 Penn Avenue and communication with the neighborhood.
Community Development Director Palmborg stated that purchase negotiations are
continuing although condemnation may be necessary to acquire the properties. He
reviewed the feedback from the neighborhood regarding the redevelopment concepts
indicating the greatest concerns related to separation, screening, and landscaping.
M/Susag, S/Stokes that this constitute the first reading of a transitory ordinance to
authorize the sale of property located at 6913, 6915, 6921, 6925, 6929, 6933 and 6937
Penn Avenue; and that the public hearing and second reading of the ordinance be
scheduled for the August 10, 1998 City Council meeting.
Motion carried 4-0.
Item #8FIRST READING OF ORDINANCE AMENDMENT ALLOWING
PROPERTIES FORMERLY ZONED AND USED AS INDUSTRIAL
PROPERTY TO APPLY FOR TRANSITIONAL ACTIVITY PERMIT.
C.L. NO. 160
City Manager Prosser reviewed Council Letter No. 160 regarding first reading of a
proposed ordinance amendment establishing a transitional activity permit in the C-2
zoning district.
Council Member Susag asked when the I-494 rezonings, which were tabled by the
City Council in April, would be scheduled for consideration.
Community Development Director Palmborg responded that the rezonings would
be scheduled for consideration in August.
M/Susag, S/Stokes that this constitute the first reading of an ordinance amendment
establishing the transitory activity permit in the C-2 zoning district; and that the public
hearing and second reading of the ordinance be scheduled for the August 10, 1998 City
Council meeting.
Motion carried 4-0.
Council Meeting Minutes-9-July 13, 1998
Item #9CONSIDERATION OF REQUEST BY VIKING PAINTS, OWNER OF 7721
PILLSBURY AVENUE, FOR WAIVER TO MORATORIUM ON
DEVELOPMENT OF PROPERTY LOCATED WITHIN I-494 STUDY AREA.
C.L. NO. 161
City Manager Prosser reviewed Council Letter No. 161 regarding the request by
Viking Paints, owner of 7721 Pillsbury Avenue, for a waiver to the moratorium on
development of property located within the I-494 study area.
M/Susag, S/Stokes to grant a waiver to the moratorium on development of property
located within the I-494 study area to Viking Paints to allow them to make building
improvements up to $75,000 to 7721 Pillsbury Avenue.
Motion carried 4-0.
Item #10CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF
HEALTH, COMMUNITY SERVICES COMMISSION AND HUMAN RIGHTS
COMMISSION. C.L. NO. 162
Mayor Pro Tempore Sandahl stated that the City Council had met earlier to review
the applications of individuals seeking the applications of individuals seeking
appointments to City Advisory Commissions. He read the following nominees for
appointment:
Doris Liedtke - Advisory Board of Health
Carol Strobl - Community Services Commission
Michael Rollie - Human Rights Commission
M/Stokes, S/Rosenberg to approve the following appointments:
NameCommissionTerm Expires
Doris LiedtkeAdvisory Board of HealthJanuary 31, 2001
Carol StroblCommunity Services CommissionJanuary 31, 1999
Michael RollieHuman Rights CommissionJanuary 31, 2000
Motion carried 4-0.
Item #11AIRPORT STATUS REPORT
Council Meeting Minutes-10-July 13, 1998
City Manager Prosser reviewed the status of the following airport issues:
x
Comments by other agencies regarding the north-south runway E.I.S.
x
Status of scheduling of meetings of the joint committee of representatives of the
City Council, Metropolitan Council, and the MAC to discuss a mitigation
proposal for the north-south runway.
x
CARE Group activities
x
State Senate hearing to be scheduled in Richfield regarding the impact of the
north-south runway on the community.
x
White Bear Lake Rod and Gun Club litigation regarding low frequency noise.
x
Importance of resident calls, contact and involvement in airport issues.
Item #12LEGISLATIVE REPORT
None.
Item #13COUNCIL DISCUSSION ITEMS
Council Member Susag reminded residents about the following upcoming events:
x
Richfield Optimists Hole-in-One Contest - July 30, July 31 and August 1 at
Lyndale Field.
x
FOWL Ball Golf Klassic - September 19 at Rich Acres Golf Course
Mayor Pro Tempore Sandahl acknowledged City staff for their work on the Fourth
of July celebration.
Item #14CLAIMS AND PAYROLL
M/Stokes, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 75390-75589$118,890.72
H/C: 79002-79472$946,804.36
Payroll: 5767-6489; 10389-10408$957,406.32
Motion carried 4-0.
ADJOURNMENT
Council Meeting Minutes-11-July 13, 1998
The meeting was adjourned by unanimous consent at 7:44 p.m.
Date Approved:
Michael Sandahl
Mayor Pro Tempore
Thomas P. FerberJames D. Prosser
City ClerkCity Manager