08-24-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
August 24, 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; 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; Al Payne, Community Services
Manager; Julie Urban, Zoning Administrator; and Corrine Thomson,
City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the Regular City Council Meeting of
August 10, 1998.
Council Meeting Minutes-2-August 24, 1998
Motion carried 5-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the City Council.
Item #2SWEARING IN OF NEW POLICE OFFICERS BY PUBLIC SAFETY
DIRECTOR DAN SCOTT.
Public Safety Director Scott administered the oath of office to the following police
officers:
David Franke
Andrew Grifford
Joseph Griffin
Gregory Peterson
Robert Schletty
Michael Sieve
Matthew Steen
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Susag to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.APPROVED PURCHASE IN EXCESS OF $25,000 FOR ONE 34-TON LIQUID
CARBON DIOXIDE TANK FROM TOMCO2 EQUIPMENT COMPANY C.L. 195
B.APPROVED COMMUNITY CELEBRATION EVENT LICENSE AND TEMPORARY
SIGN WITH FEE WAIVERS FOR RICHFIELD CATTAIL DAYS, SEPTEMBER 19,
1998 C.L. 196
Council Meeting Minutes-3-August 24, 1998
C.APPROVED FEE WAIVER FOR RICHFIELD HISTORICAL SOCIETY FOR
BUILDING PERMIT FEES FOR REMODELING, 6901 LYNDALE AVENUE
C.L. 197
M/Sandahl, S/Rosenberg to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT ALLOWING PROPERTIES FORMERLY ZONED AND USED
AS INDUSTRIAL PROPERTY TO APPLY FOR A TRANSITIONAL
ACTIVITY PERMIT. C. L. NO. 198
City Manager Prosser reviewed Council Letter No. 198 regarding a proposed
ordinance amendment which would allow properties formerly zoned and used as industrial
property to apply for a Transitional Activity Permit (TAP).
William Griffith, attorney representing Minnesota Mini-Storage, 200 West 78th
Street, stated concerns about subdivision 7 related to the duration of the permit and
subdivision 10 related to the permit not being assignable. He suggested the Council
consider modification of these provisions and allow the permit to run with the land rather
than the property owner.
City Manager Prosser stated that the Planning Commission had reviewed these
issues but that the council could send the ordinance back for further review or have
amendments to the ordinance drafted for later consideration.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
Zoning Administrator Urban responded to questions from the Council regarding the
proposed ordinance amendment including the following issues:
x
The property would have to be used as industrial property prior to October 3, 1998,
the effective date of the rezoning.
x
An application fee of $300 is charged for a TAP in the C-3 district and the same
application fee is proposed for the C-2 district. Zoning application fees are
charged to cover the cost of mailing and legal notices, and to pay for a portion of
administration costs.
x
A TAP does not run with the land like a conditional use permit or variance. A TAP
is issued to the property owner and expires upon sale of the property. State statute
Council Meeting Minutes-4-August 24, 1998
allows cities to place a time limit on this type of permit. By definition, the TAP is
intended to be transitional or temporary, so having the ability to place a time limit
on the permit is appropriate. Without a time limit, the TAP would not serve the
City’s purpose of allowing industrial uses only as interim uses in the freeway area.
In addition, by requiring a new owner to reapply for a TAP, the City has the
opportunity to explain the long term goals and plans for the area as well as the
restrictions that accompany a TAP.
M/Sandahl, S/Kirsch that this constitutes Second Reading of Bill No. 1998-16
amending Section 526, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 5-0.
Item #6PUBLIC HEARING AND SECOND READING OF AN ORDINANCE
AMENDMENT REZONING PROPERTY ALONG I-494 CONTINUED FROM
APRIL 13, 1998. C.L. NO. 199
City Manager Prosser reviewed Council Letter No. 199 regarding a proposed
ordinance amendment rezoning property along Interstate I-494 that is inconsistent with
the City’s Comprehensive Plan.
M/Sandahl, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1998-17
amending Appendix I, that it be published in the official newspaper and that it be made
part of these minutes.
Motion carried 5-0.
Item #7PUBLIC HEARING AND SECOND READING OF AN ORDINANCE TO
AUTHORIZE CONSTRUCTION OF A SECOND ICE SHEET. C.L. NO. 200
City Manager Prosser reviewed Council Letter No. 200 regarding a proposed
ordinance to authorize the construction of a second ice sheet.
Del Erickson, Del Erickson Architects, presented and discussed drawings and cost
estimates regarding the proposed second ice sheet including the following:
Alternate south location for building
Council Meeting Minutes-5-August 24, 1998
x
soil correction costs
x
parking lot and sewer relocation impact and cost
x
operational impact issues
x
$28,000 savings over east location
East location of building
x
recommended location
x
site plan and internal layout
x
central lobby
x
operational advantages
x
approximate $2.8 million project cost
x
relocated trail layout
John Easterwood, 7121 Morgan Avenue, spoke as the representative for the
Richfield ICE Group, whose stated mission is to facilitate the addition of a second sheet of
ice at the existing ice arena as an asset for the youth of the City and for the good of the
larger community. He stated that as pledged to the City Council, the group has pursued
the following initiatives:
1.Explore avenues that would increase revenue at the present arena so that it is
possible to get the best possible arena at this time.
2.Explore ways in which opportunity could be expanded for youth in the community to
participate in ice-related recreation.
Mr. Easterwood stated the ICE Group formed the following task forces to
accomplish these initiatives and he presented a detailed report on the accomplishments of
each:
Inclusivity Task Force
The mission of the Inclusivity Task Force is to explore ways to open more
opportunity for broader youth participation in ice-related activities at the Richfield
Ice Arena. The focus has been in two areas: increasing opportunity for more figure
skating, and expanding opportunity in the Richfield Hockey Association.
Concessions Task Force
The mission of the Concessions Task Force is to develop a plan by which, in the
year following the 1998-1999 season, the Richfield Hockey Association will assume
responsibility for the concessions operation at Richfield Ice Arena. The RHA will
enter into a contract relationship under which the entire concession business will
be run by the association in return for a specified yearly payment to the City.
He indicated the following progress:
1.A plan exists under which the RHA will operate concessions in the 1998-1999
season under the sponsorship of the Ice Arena in return for payment to the City of
40% of net (revenues less product cost).
Council Meeting Minutes-6-August 24, 1998
2.Discussions are ongoing concerning the details of the agreement which will govern
the concessions business in the years following when the whole concessions
activity will be under the control of RHA.
3.The RHA has identified a person, Scott Seaman, who will be the responsible party
to run the concessions for at least the first two years.
4.Discussions are ongoing with the manager of the concessions activity at the
Bloomington Ice Garden to set up the concessions program at the Richfield Arena.
The Bloomington Ice Garden has an excellent track record with concessions wholly
operated by the youth association. The manager has assisted other local arenas
which have established arrangements to run concessions through the youth hockey
association.
Hours Task Force
The mission of the Hours Task Force is to analyze present ice usage at the arena
and future usage when a second ice sheet is operational with a view to finding
ways to expand ice use thereby increasing revenue. This analysis has been
undertaken in consultation with the ice arena manager. The purpose is threefold:
first, to determine probable additional hours of ice that can be marketed by the
arena which will increase revenue, thus offsetting some of the operating deficit of
the arena. Second, to facilitate, to the extent possible by this Task Force, amicable
usage arrangements among the competing interests of current users of the arena.
Third, to identify potential hours for expanding figure skating in the Richfield Ice
Arena.
Revenues Task Force
The mission of the Revenues Task Force is to identify possible sources of revenue
for the ice arena which would contribute to the reduction of the gap between
income and cost of operating the arena. Additional revenues are identified in the
following areas:
x
Increased usage
x
Cost reductions and revenue increases in concessions
x
Revenue from the sale of advertising or dasher boards
x
Cost reductions from donations
Mr. Easterwood urged the City Council to approve the ordinance for the second
sheet of ice as part of an overall strategy for the future well being of the community.
Brenda Bjorkland, 7432 Fremont Avenue, stated support for approval of the second
ice sheet citing the following:
x
need to maintain a kid friendly community
x
need to be competitive with other communities to attract and maintain families
x
the City is strategically located to attract additional users to provide revenue
Council Member Rosenberg thanked the ICE Group for their work on this issue and
stated support for approval of the ordinance. She urged the ICE Group to work hard on
marketing and corporate support for the project.
Council Meeting Minutes-7-August 24, 1998
Council Member Stokes asked about the financing for the project.
City Manager Prosser reviewed the proposed project funding options which
included revenue bonds, Mighty Ducks Grant, and special revenues (liquor store profits).
Council Member Sandahl stated support for the project and stated it was not a
matter of money but rather one of supporting opportunity for kids.
Mayor Kirsch stated support for the project citing the need for providing equitable
opportunity for all girls and boys.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg that this constitutes Second Reading of Bill No. 1998-18
Transitory Ordinance No. 17.84, that it be published in the official newspaper and that it
be made part of these minutes.
Motion carried 5-0.
Item #8CONSIDERATION OF SELECTION OF CONSTRUCTION MANAGER FOR
SECOND ICE SHEET PROJECT. C.L. NO. 201
City Manager Prosser reviewed Council Letter No. 201 recommending that Kraus
Anderson Construction Management serve as project construction manager for the
Second Ice Sheet Project.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Susag to authorize the City Manager to execute a contract with Kraus
Anderson Construction Management for services related to the Second Ice Sheet Project
after the ordinance approving a capital improvement project for construction of an addition
to the ice arena become effective.
Motion carried 5-0.
Item #9FIRST READING OF A NEW ORDINANCE PERTAINING TO TOBACCO
AND TOBACCO PRODUCTS. C.L. NO. 202
Council Meeting Minutes-8-August 24, 1998
City Manager Prosser reviewed Council Letter No. 202 regarding a new ordinance
pertaining to tobacco and tobacco products which contains a combination of State Statute
mandates and items recommended by members of the Richfield Advisory Board of Health.
Council Member Susag requested that the word “natural” be stricken from
subdivision 7 of the proposed ordinance.
City Attorney Thomson stated that the term was derived from statutory language
but could be removed.
Council Member Rosenberg acknowledged the work of the Advisory Board of
Health in developing the ordinance.
M/Sandahl, S/Rosenberg 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 28, 1998, 1998 City Council meeting.
Motion carried 5-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A
Item #10
FORMAL, WRITTEN SNOW/ICE MAINTENANCE POLICY FOR THE CITY
OF RICHFIELD. C.L. NO. 203
City Manager Prosser reviewed Council Letter No. 203 regarding a proposed
resolution to adopt a formal written snow/ice maintenance policy.
M/Sandahl, 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. 8603
RESOLUTION AUTHORIZING SNOW/ICE MAINTENANCE POLICY
Motion carried 5-0. This resolution appears as Resolution No. 8603 in Resolution
Book No. 68.
Item #11CONSIDERATION OF RESOLUTION APPROVING SPECIAL LAW 1998,
CHAPTER 389, ARTICLE 3, SECTION 34, REGARDING ASSESSMENT
EXCLUSION OF CERTAIN IMPROVEMENTS TO APARTMENTS.
C.L. NO. 204
Council Meeting Minutes-9-August 24, 1998
City Manager Prosser reviewed Council Letter No. 204 regarding a resolution to
approve Special Law 1998, Chapter 389, Article 3, Section 34, regarding assessment
exclusion of certain improvements to apartments.
M/Stokes, S/Sandahl 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. 8604
RESOLUTION APPROVING SPECIAL LAW 1998, CHAPTER 389, ARTICLE 3,
SECTION 34, REGARDING THE EXCLUSION FOR ASSESSMENT PURPOSES OF
CERTAIN IMPROVEMENTS TO APARTMENTS
Motion carried 5-0. This resolution appears as Resolution No. 8604 in Resolution
Book No. 68.
Item #12CONSIDERATION OF SETTING A DATE FOR A SPECIAL COUNCIL
MEETING TO CANVASS PRIMARY ELECTION RETURNS. C.L. NO. 205
City Manager Prosser reviewed Council Letter No. 205 regarding setting a date for
a Special City Council meeting to canvass the returns and declare the election results of
the September 15 Primary Election.
M/Sandahl, S/Rosenberg to approve the date of Thursday, September 17, 1998 at
5:30 p.m. for a Special City Council Meeting for the purpose of consideration of a
resolution declaring the election results of the September 15, 1998 Primary Election.
Motion carried 5-0.
Item #13CONSIDERATION OF AN APPLICATION FOR A NEW RESIDENTIAL
KENNEL LICENSE FOR GEORGE BROADSTON, 6325 GIRARD AVENUE.
C.L. NO. 206
City Manager Prosser reviewed Council Letter No. 206 regarding the application of
George Broadston, 6325 Girard Avenue for a new residential kennel license.
George Broadston, 6325 Girard Avenue, spoke in support of his application
presenting and discussing various issues including:
x
Drawing of lot location and site
Council Meeting Minutes-10-August 24, 1998
x
Pictures of kennel and exercise area
x
Agreement to mediation
x
Clean up practices
x
Reading of a letter from his wife regarding an incident when she asked Ms.
LaRoche to sign the petition
x
City inspection recommendation
x
Reading a letter from Prairie Village Pet Hospital in support of the request
x
His daughter’s situation requiring the temporary keeping of her dogs at this
address.
Dennis W. Manson, 6901 Park Avenue, asked about the number, type of dogs, and
whether there had been any complaints. Mr. Broadston indicated there were six english
setters and that there had been no complaints other than Ms. LaRoche.
Isabella LaRoche, 6331 Girard Avenue, spoke in opposition to the kennel license
discussing various issues including:
x
odors
x
barking
x
damage to garden
x
incident when Ms. Broadston asked her to sign the petition
x
number of dogs
x
personal concerns
x
on going concerns
Leonard Smith, 6319 Girard Avenue, spoke in support of granting the kennel
license stating it was a clean environment and he had no objection.
Linda Spengler, 6319 Girard Avenue, spoke in support of granting the kennel
license stating she had not experienced odor, noise, or flower damage.
Ms. LaRoche showed pictures of the kennel area. She indicated the kennel was
right next to her property and quite a distance from 6319 Girard Avenue because of the
large lot.
Lisa Duvall, 6325 Girard Avenue, spoke in support of granting the kennel license
discussing her desire that it be for a temporary time and other personal issues.
Mayor Kirsch asked about the findings of the Community Services Officer’s
inspections.
City Manager Prosser stated that no problems were found at the site when the
inspections occurred.
M/Sandahl, S/Rosenberg to close the public hearing.
Motion carried 5-0.
Council Meeting Minutes-11-August 24, 1998
Council Member Susag reviewed the pertinent ordinance provisions:
905.31.Kennel licenses.
Subd. 3. Approval of contiguous property owners. The application for a residential
kennel license, or commercial kennel license in a residential area, shall be accompanies
by a petition showing the approval of the occupants of privately owned real estate abutting
the premises on which the kennel is to be located. Whether or not all of the occupants of
abutting property approve the application, the council may grant or deny the license. The
license may not be granted unless the council finds that the use of the applicant’s
premises as a residential kennel will not have, or will not be likely to have, any adverse
effect upon adjacent properties or the occupancy thereof, and will not constitute a
nuisance to the neighborhood.
He stated he would support granting the kennel license because it appeared there
would be no adverse impact on adjacent properties.
Council Member Rosenberg stated that one contiguous property owner did not
approve and it appears that the license would have an adverse affect on the neighbor,
therefore, she would not support granting the license noting that a kennel license is a
privilege.
M/Susag, S/Kirsch to approve the application for a new residential kennel license
for George Broadston, 6325 Girard Avenue for six dogs.
Motion failed 2-3. (Rosenberg, Stokes, Sandahl opposed)
Item #14AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issues:
x
Eighth Circuit Court dismissal of Richfield’s lawsuit challenging the Runway 4-22
EIS.
x
FAA approval of funding for low frequency noise mitigation providing insulation for
homes located near the Baltimore - Washington International Airport
Mayor Kirsch stated he had sent letters to Congressman Sabo, Senator Grams,
and Senator Wellstone requesting that the FAA be required to fund low frequency noise
mitigation for Richfield. He stated that as Richfield’s representatives for the Mitigation
Panel Meetings, Council Member Stokes and himself would also be very firm in bringing
this request to the panel.
Council Meeting Minutes-12-August 24, 1998
Item #15LEGISLATIVE REPORT
None.
Item #16COUNCIL DISCUSSION ITEMS
Council Member Sandahl reminded residents about safety tips for children whose
parents are not home and about locking doors.
Council Member Rosenberg asked staff to inspect the east side of Penn Avenue
62nd Street to 65th Street regarding weed removal and whether it is private or public right
of way responsibility.
Mayor Kirsch reminded the public about the August 27 Special City Council
Meeting to discuss the 1998 Revised/1999 Proposed Budgets and Preliminary Tax Levy.
He stated the meeting would be televised on Cable TV.
Item #17CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks:77643-77673$94,648.11
H/C: 80234-80568$972,167.30
Payroll: 7212-7552$461,346.48
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:15 p.m.
Date Approved:
Council Meeting Minutes-13-August 24, 1998
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager