08-10-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 10, 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; Kristal Stokes; and Russ
Susag (arrived at 7:10 p.m.).
Members Not
Present:Susan Rosenberg.
City Manager Prosser stated that Council Member Rosenberg had informed him
that she was on vacation and would not be present this evening. He stated that Council
Member Susag was currently at the Richfield School Board Meeting and anticipated
arriving for the City Council Meeting by 7:15 p.m.
M/Susag, S/Sandahl to determine the absence of Council Member Rosenberg as
an excused absence and the temporary absence of Council Member Susag as an
excused absence.
Motion carried 3-0.
Council Meeting Minutes-2-August 10, 1998
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; Mike Eastling, Public Works Director; William Fillmore,
Liquor Operations Director; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Sandahl to approve the minutes of the Regular City Council Meeting of
July 27, 1998; and the minutes of the Regular City Council Study Session Meeting of
August 3, 1998.
Motion carried 3-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Lisa Duvall, 6325 Girard Avenue, requested that the City Council reconsider the
residential kennel license request of her father George Broadston, which failed to gain
approval on a 2-2 vote at the July 27 City Council meeting. She stated her father had also
submitted a letter to the Council with the same request.
City Attorney Thomson stated the appropriate action in this instance is not to
reconsider the previous motion, but simply to renew the previous motion. She stated a
motion to reconsider applies to any main motion that carried or lost, but it can only be
used at the same meeting. She stated renewal applies to any main motion that most as
did this one, and it may be used at any subsequent meeting. She stated the applicant
does not have the right to have the motion renewed. City Attorney Thomson stated it is up
to a Council Member to renew the motion and that any Council Member may make the
motion - there is no requirement that it be by a member from the prevailing side. She
indicated if a Council Member is inclined to renew the motion to approve the license, it
would be appropriate for the Council Member to request that the item be added to the
agenda.
Discussion followed regarding consideration of the request and the fact that the full
Council was not present this evening.
M/Sandahl, S/Kirsch to schedule consideration of the residential kennel license
request of George Broadston, 6325 Girard Avenue, on the agenda of the August 24, 1998
City Council Meeting.
Motion carried 3-0.
Council Meeting Minutes-3-August 10, 1998
Gerald Goracki, 8241 Hidden Bay Trail, representing Super America Stores, asked
when the proposed tobacco ordinance was scheduled for consideration by the Council.
City Manager Prosser responded that first reading consideration was scheduled for
the August 24 City Council Meeting.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Stokes, S/Kirsch to approve the agenda.
Motion carried 3-0.
Item #3 CONSENT CALENDAR
A.APPROVED CHANGE OF CITY OF RICHFIELD LIAISON ALTERNATE
APPOINTMENT TO METROPOLITAN AIRPORT SOUND ABATEMENT
COUNCIL. C.L. 177
B.APPROVED RESOLUTION APPROVING PLAN MODIFICATION FOR AETNA
ADAPTER-457 II DEFERRED COMPENSATION PLAN C.L. 178
RESOLUTION NO. 8599
RESOLUTION APPROVING PLAN MODIFICATION FOR
AETNA - 457 II DEFERRED COMPENSATION PLAN
This resolution appears as Resolution No. 8599 in Resolution Book No. 67.
C.APPROVED RESOLUTION DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR SEPTEMBER 15, 1998 PRIMARY
ELECTION AND NOVEMBER 3, 1998 GENERAL ELECTION C.L. 179
RESOLUTION NO. 8600
RESOLUTION DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR
THE STATE PRIMARY ELECTION OF SEPTEMBER 15, 1998
AND THE GENERAL ELECTION OF NOVEMBER 3, 1998
This resolution appears as Resolution No. 8600 in Resolution Book No. 67.
Council Meeting Minutes-4-August 10, 1998
D.APPROVED RESOLUTION APPROVING SPECIAL LAW 1997, CHAPTER 241,
ARTICLE 2, SECTION 2-6, 9, 10, 13, 14 AND 20 CONCERNING RICHFIELD
FIRE RELIEF ASSOCIATION BENEFIT IMPROVEMENTS C.L. 180
RESOLUTION NO. 8601
RESOLUTION APPROVING SPECIAL LAW 1997,
CHAPTER 241, ARTICLE 2, SECTIONS 2-6, 9, 10, 13, 14, 20 CONCERNING
RICHFIELD FIRE RELIEF ASSOCIATION BENEFIT IMPROVEMENTS
This resolution appears as Resolution No. 8601 in Resolution Book No. 67.
E.APPROVED FINAL CHANGE ORDER (#2) TO CM CONSTRUCTION FOR HAT
TRICK HOCKEY EXPANSION PROJECT IN AMOUNT OF $9,637.51 C.L. 181
F.APPROVED NEW 1998 TAXI LICENSE FOR GOLD STAR TAXI AND
TRANSPIRATION SERVICE CORP., 1021 WEST 80TH STREET,
BLOOMINGTON, MN C.L. 182
G.APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 7209-12TH
AVENUE, FOUR DOGS C.L. 183
H.APPROVED RENEWAL OF RESIDENTIAL KENNEL LICENSE AT 7215 VINCENT
AVENUE; FIVE DOGS C.L. 184
Council Member Susag arrived at this time (7:10 p.m.).
M/Stokes, S/Sandahl to approve the consent calendar.
Motion carried 4-0.
Item #4CONTINUE PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT REZONING PROPERTY ALONG INTERSTATE 494 THAT IS
INCONSISTENT WITH CITY’S COMPREHENSIVE PLAN. C.L. NO. 185
City Manager Prosser reviewed Council Letter No. 185 recommending that the
public hearing and second reading of an ordinance amendment rezoning certain property
along I-494 be continued to August 24.
M/Sandahl, S/Stokes to continue the public hearing and second reading of an
ordinance amendment rezoning property along I-494 that is inconsistent with the City’s
Comprehensive Plan to the August 24, 1998 City Council Meeting.
Motion carried 4-0.
Council Meeting Minutes-5-August 10, 1998
Item #5CONTINUE PUBLIC HEARING AND SECOND READING OF ORDINANCE
AMENDMENT ALLOWING PROPERTIES FORMERLY ZONED AND USED
AS INDUSTRIAL PROPERTY TO APPLY FOR TRANSITIONAL ACTIVITY
PERMIT. C. L. NO. 186
City Manager Prosser reviewed Council Letter No. 186 recommending that the
public hearing and second reading of an ordinance amendment allowing properties
formerly zoned and used as industrial property to apply for a Transitional Activity Permit
(TAP) be continued to August 24.
M/Sandahl, S/Susag to continue the public hearing and second reading of an
ordinance amendment establishing a Transitional Activity Permit in the C-2 zoning district
to the August 24, 1998 City Council Meeting.
Motion carried 4-0.
Item #6PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE TO AUTHORIZE SALE OF PROPERTY AT 6913, 6915, 6921,
6925, 6929, 6933 AND 6937 PENN AVENUE TO HRA FOR
REDEVELOPMENT PURPOSES. C.L. NO. 187
City Manager Prosser reviewed Council Letter No. 187 regarding a transitory
ordinance to authorize sale of property at 6913, 6915, 6921, 6925, 6929, 6933 and 6937
Penn Avenue to HRA for redevelopment purposes.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 4-0.
M/Susag, S/Stokes that this constitutes Second Reading of Bill No. 1998-14
Transitory Ordinance 17.82, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 4-0.
Item #7PUBLIC HEARING AND SECOND READING OF TRANSITORY
ORDINANCE VACATING SEWER EASEMENT AT ONE MERIDIAN
CROSSINGS. C. L. NO. 188
Council Meeting Minutes-6-August 10, 1998
City Manager Prosser reviewed Council Letter No. 188 regarding a proposed
transitory ordinance to vacate a sewer easement at One Meridian Crossings.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Stokes, S/Sandahl that this constitutes Second Reading of Bill No. 1998-15
Transitory Ordinance No. 17.83 vacating a sewer easement, that it be published in the
official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Item #8FIRST READING OF ORDINANCE AMENDMENT REZONING LAND AT
710 LAKE SHORE DRIVE FROM GENERAL COMMERCIAL AND SINGLE
FAMILY RESIDENTIAL TO PLANNED MULTIPLE RESIDENCE AND 6724
LYNDALE FROM GENERAL COMMERCIAL TO PLANNED MULTIPLE
RESIDENCE FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT.
C.L. NO. 189
City Manager Prosser reviewed Council Letter No. 189 regarding a proposed
ordinance amendment rezoning land at 710 Lake Shore Drive from General Commercial
(C-2) and single family residential (R) to planned multiple residence (PMR) and 6724
Lyndale Avenue from C-2 to PMR.
Larry Wozniczka, 6744 Wentworth Avenue, questioned the process of the City
Council conducting first reading prior to the Planning Commission review of the Planned
Unit Development proposal. He suggested that the City Council not conduct first reading
tonight but instead just refer it to the Planning Commission.
City Manager Prosser stated that the City Code allows the City Council to initiate a
rezoning. He stated the Planning Commission must review the rezoning, Planned Unit
Development Plan, and conditional use permit.
City Attorney Thomson reviewed the process noting Mr. Wozniczka’s concerns
about the details of the Planned Unit Development Plan. She stated that the City Council
is initiating the rezoning of this site because the developer does not yet have title to both
parcels. She stated that the issues will be reviewed by the Planning Commission.
M/Susag, S/Stokes that this constitute the First Reading of this ordinance; and that
the Public Hearing and Second Reading of the ordinance be scheduled for the September
14, 1998 City Council meeting.
Motion carried 4-0.
Council Meeting Minutes-7-August 10, 1998
Item #9FIRST READING OF TRANSITORY ORDINANCE VACATING RIGHT OF
WAY ADJACENT TO 710 LAKE SHORE DRIVE AND 6724 LYNDALE
AVENUE FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT.
C.L. NO. 190
City Manager Prosser reviewed Council Letter No. 190 regarding first reading of a
transitory ordinance vacating the right-of-way adjacent to 710 Lake Shore Drive and 6724
Lyndale Avenue related to the Gramercy Park Cooperative Development.
M/Susag, S/Stokes that this constitute the First Reading of this ordinance; and that
the Public Hearing and Second Reading of the ordinance be scheduled for the September
14, 1998 City Council meeting.
Motion carried 4-0.
Item #10CONSIDERATION OF REQUEST FOR OFF-STREET PARKING PERMIT TO
ALLOW CONSTRUCTION OF 88 STALL PARKING LOT AT ACADEMY OF
HOLY ANGELS, 6600 NICOLLET AVENUE. C.L. NO. 191
City Manager Prosser reviewed Council Letter No. 191 regarding the request from
the Academy of the Holy Angels for an off-street parking permit to allow the construction
of an 88 stall parking lot.
Jeff McDonell, Landscape Architect with Melchert/Block Associates, made a
detailed presentation and answered questions regarding the proposed site plan including
the following:
x
existing conditions
x
proposed site plan improvements
x
traffic control measures
x
traffic circulation
x
grading plan
x
stormwater drainage and storage
x
new shared entrance with St. Peter’s at Nicollet Avenue with relocated traffic
signal
x
landscaping/tree removal/tree replacement
x
enhanced south building entrance area
Council Member Susag asked how the plan coordinated with the ballfield
improvements planned for the Holy Angels campus.
Council Meeting Minutes-8-August 10, 1998
Mr. McDowell reviewed the proposed ballfield schematic drawings indicating how
the parking area and ballfield configuration would fit on the site.
Council Member Susag asked about stormwater treatment and drainage.
Mr. McDowell reviewed the drainage plan and how the “dry pond” element would
work. He stated the dry pond would be designed to have mowable slopes.
George Watson, Brauer and Associates, representing the Recreation Services
Department reviewed the ballfield priorities for the Holy Angels site as: 1) Babe Ruth
field; 2) football field; and 3) soccer field.
Dennis W. Mattson, 6901 Park Avenue, stated safety concerns about the dry pond.
Mr. McDowell reviewed the depth and slope stated that it would only hold water
during a heavy rain event and should drain in a relatively short time thereafter.
Mr. Mattson asked if it was feasible to relocate any of the trees that will need to be
removed.
Mr. McDowell indicated that it may be possible to move some of the smaller trees.
M/Susag, S/Kirsch to approve the request for an off-street parking permit to allow
the construction of an 88 stall parking lot at the Academy of the Holy Angels, 6600 Nicollet
Avenue, with the following stipulations:
1.That the existing stormwater pond be cleaned up and maintained to the satisfaction
of the City Manager until the pond is converted to a dry pond. The conversion is to
be completed by July 1, 1999.
2.That the stormwater management plan be approved by the Public Works Director.
The proposed plan will include the following elements:
x
City to obtain right to retain stormwater from 66th Street in the pond.
x
City is to regrade dry pond and construct stormwater pipe to the parking lot
using stormwater utility funds (estimated cost of $25-50,000).
x
The Academy of Holy Angels to perform routine maintenance.
x
The Academy of Holy Angels to construct catch basin in the south parking lot.
x
The Academy of Holy Angels to remove the existing gravel bus loop and installs
curb, adjust/add blacktop and leave gap in curb for City installed catch basin.
3.That the five parking spaces near the front entrance be moved east with the final
layout approved by the Public Works Director.
4.That a shared access agreement be signed with St. Peter’s for the future joint
entrance before the traffic signal is relocated.
5.The lighting plan approved by the Public Safety and Community Development
Directors.
6.That a cash escrow be submitted for the cost of the parking lot landscaping before
construction begins.
7.That a plan for appropriate screening on the south side of the parking lot be
coordinated with the adjacent single family residential property owner and
Council Meeting Minutes-9-August 10, 1998
approved by the Community Development Director and that the screening be
approved and in place before the parking lot can be used.
8.That the City Council approve a subdivision waiver splitting off 33 feet of St. Peter’s
property and combining it with Holy Angels’ property.
Motion carried 4-0.
Item #11CONSIDERATION OF REQUEST FOR SUBDIVISION WAIVER AT 6600 AND
6720 NICOLLET AVENUE TO ALLOW ST. PETER’S TO SELL 33 BY 315
FOOT STRIP OF PROPERTY TO ACADEMY OF HOLY ANGELS.
C.L. NO. 192
City Manager Prosser reviewed Council Letter No. 192 regarding a request from
the Academy of Holy Angels and St. Peter’s Catholic Church for approval of a subdivision
waiver to allow St. Peter’s to sell a 33 by 315 foot strip of property to the Academy of the
Holy Angels.
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. 8602
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
(6600 AND 6720 NICOLLET AVENUE)
Motion carried 4-0. This resolution appears as Resolution No. 8602 in Resolution
Book No. 68.
Item #12CONSIDERATION OF NEGOTIATION AND EXECUTION OF AGREEMENT
WITH SEH, INC. FOR FEASIBILITY STUDY RELATED TO MULTI-
PURPOSE COMMUNITY FACILITY IN AMOUNT NOT TO EXCEED $62,700.
C.L. NO. 193
City Manager Prosser reviewed Council Letter No. 193 regarding consideration of
approval of an agreement with SEH, Inc. for performance of a feasibility study related to a
multi-use community facility in Richfield.
Council Member Susag stated he had received a phone call regarding whether this
expenditure was permissible under the provisions of the recent City Charter amendment
related to capital improvements.
Council Meeting Minutes-10-August 10, 1998
City Attorney Thomson stated that the Charter amendment requires that any capital
improvement on City owned property which has an estimated cost exceeding $500,000 or
expenditures for design or engineering costs exceeding $75,000 must be approved by
ordinance after a public hearing and the public hearing notice must contain the estimated
costs of the capital improvement. She stated that the purpose of the feasibility study was
to determine the program financial and physical feasibility so that the community and City
Council has the information to decide whether they should proceed with such a project,
which would then have to be approved through the Charter capital improvement ordinance
procedure. She stated that the cost of the proposed feasibility study was under the
$75,000 threshold.
M/Sandahl, S/Susag to authorize negotiation and execution of an agreement in an
amount not to exceed $62,700 with SEH, Inc. for a feasibility study related to a multi-use
community facility in Richfield.
Motion carried 4-0.
Item #13CONSIDERATION OF AMENDING SPECIAL CITY COUNCIL MEETING
DATES FOR 1998 REVISED/1999 PROPOSED BUDGET AND SETTING
1999 PRELIMINARY TAX LEVY. C.L. NO. 194
City Manager Prosser reviewed Council Letter No. 194 regarding the need to select
different Special City Council Meeting dates for review and discussion of the 1998
Revised/1999 Proposed Budget and 1999 Preliminary Tax Levy.
M/Susag, S/Sandahl to select Thursday, August 27, 1998 at 7:00 p.m. and
Wednesday, September 9, 1998 (if necessary) at 7:00 p.m. as the dates for the Special
City Council Meetings to review and discuss the 1998 Revised/1999 Proposed Budget
and setting the 1999 Preliminary Tax Levy prior to certification to Hennepin County on
September 15, 1998.
Motion carried 4-0.
Item #14AIRPORT STATUS REPORT
Mayor Kirsch and Council Member Stokes summarized the issues reviewed at the
August 5 Richfield Mitigation Panel Meeting indicating much of the discussion centered on
gathering more information while there were also some areas of agreement. They
indicated the next meeting probably would occur in the next couple of weeks.
Council Meeting Minutes-11-August 10, 1998
City Manager Prosser stated the FAA has indicated that a Federal Record of
Decision (ROD) on 17/35 will be made on August 14. He stated that the City will have a
limited 30 or 60 day period to respond and because of this timing suggested the City’s
airport counsel be allowed to prepare documentation for possible litigation if the Council
finds it necessary.
Mayor Kirsch stated that the attorney should be prepared in case the mitigation
panel negotiating are not successful.
Council Member Stokes stated she looked to a positive outcome from the Mitigation
panel negotiations but that it was also necessary to be prepared for the litigation
contingency.
Council Member Sandahl stated it was prudent to be prepared.
City Manager Prosser stated that the Senate Local and Metropolitan Government
Committee has canceled the hearing with MAC and the City of Richfield at this time due to
the impending Northwest Airlines strike.
Item #15LEGISLATIVE REPORT
None.
Item #16COUNCIL DISCUSSION ITEMS
Council Member Sandahl stated that residents have let him know of their
satisfaction with the level of service provided by City for storm clean up. He thanked City
staff for their efforts.
Council Member Susag stated he received similar positive comments from
residents while visiting block parties on National Night Out. He commended residents for
their participation in the National Night Out event which included 150 block parties.
Council Member Susag invited the public to participate in the annual Fowl Ball Golf
Course Klassic on September 19 at the Rich Acres Golf Course.
Mayor Kirsch thanked residents for their participation in the National Night Out
event. He reminded residents that the August issue of the Your City newsletter has been
out and residents should call City Hall if they need more information or have questions.
Council Meeting Minutes-12-August 10, 1998
Item #17CLAIMS AND PAYROLL
M/Susag, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 77614-77642$86,556.03
H/C: 79866-80232$769,876.96
Payroll: 6867-7210; 10410-10430$486,458.87
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:15 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager