09-14-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 14, 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; and
Russ Susag.
Members Not Present: Kristal Stokes.
City Manager Prosser stated that Council Member Stokes had informed him that
she would not be present at tonight’s meeting because of a family commitment.
M/Sandahl, S/Susag to determine the absence of Council Member Stokes as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Bruce Palmborg, Community Development
Director; Dan Scott, Public Safety Director; Tom Foley,
Transportation Engineer; Dan Scott, Public Safety Director; William
Fillmore, Liquor Operations Director; and Corrine Thomson, City
Attorney.
Council Meeting Minutes-2-September 14, 1998
APPROVAL OF MINUTES
M/Susag, S/Sandahl to approve the following minutes:
(1) Regular City Council Meeting of August 24, 1998
(2) Special City Council Budget Meeting of August 27, 1998
(3) Regular City Council Study Session of September 8, 1998
(4) Special City Council Budget Meeting of September 9, 1998
Motion carried 4-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Ruby Steele, 55 West 77th Street, New Orleans Court apartments, stated the need
for an ordinance prohibiting grills on balconies.
Item #2PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20-26,
1998 WOMEN OF TODAY WEEK IN RICHFIELD
Council Member Rosenberg read a proclamation designating September 20-26 as
Women of Today week in Richfield.
Item #3PRESENTATION OF RECOGNITION AWARD TO RUBY AND ROGER
STEELE, APARTMENT MANAGERS AT NEW ORLEANS COURT
Public Safety Director Scott presented an award to Ruby and Roger Steele,
apartment managers at New Orleans Court.
Council Member Susag read a proclamation designating Constitution Week
September 17-23, 1998. Administrative Services Director Devich accepted the award on
behalf of the City.
Council Meeting Minutes-3-September 14, 1998
Item #4 COUNCIL APPROVAL OF AGENDA
M/Rosenberg, S/Sandahl to approve the agenda items 1 through 8 and items 16-
23. Agenda items 9 through 15 will be continued at the September 28 City Council
Meeting.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A.APPROVED PROPOSED SETTLEMENT AGREEMENT WITH MICHAEL’S
STORES, INC. AND LUTHERAN BROTHERHOOD RELATED TO
NONCONFORMING ROOF-TOP SIGN C.L. 209
B.APPROVED RICHFIELD PARTICIPATION IN METROPOLITAN COUNCIL
REGIONAL FISCAL IMPACT STUDY AND FUNDING AGREEMENT C.L. 210
C.APPROVED RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE
ABATEMENT FEES C.L. 211
RESOLUTION NO. 8607
RESOLUTION LEVYING SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT
This resolution appears as Resolution No. 8607 in Resolution Book No. 68.
D.APPROVED RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED
DESTRUCTION C.L. 212
RESOLUTION NO. 8608
RESOLUTION LEVYING SPECIAL
ASSESSMENT FOR WEED DESTRUCTION
This resolution appears as Resolution No. 8608 in Resolution Book No. 68.
E.APPROVED FIRST AMENDMENT TO WARDEN OIL SITE INTERIM FUNDING
AGREEMENT C.L. 213
F.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER
FOR BETHANY COVENANT CHURCH FALL FESTIVAL IN COURTYARD AREA
OF RICHLAND COURT APARTMENTS ON SEPTEMBER 26, 1998 C.L. 214
Council Meeting Minutes-4-September 14, 1998
G.APPROVED ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER
FOR CHURCH OF ST. PETER’S 1998 FALL FESTIVAL ON OCTOBER 4, 1998
C.L. 215
H.APPROVED NEW RESIDENTIAL KENNEL LICENSE AT 6844 COLUMBUS
AVENUE, THREE DOGS C.L. 216
I.APPROVED NEW VETERINARY LICENSE FOR VETERINARY IMAGING
CONSULTANTS, 6521 CEDAR AVENUE C.L. 217
J.APPROVED RESOLUTION GRANTING LAWFUL GAMBLING LICENSE AND
INVESTIGATIVE FEE WAIVER FOR RICHFIELD HOCKEY ASSOCIATION AT
LARIAT LANES, 6320 PENN AVENUE C.L. 218
RESOLUTION NO. 8609
A RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD
HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING
This resolution appears as Resolution No. 8609 in Resolution Book No. 68.
M/Susag, S/Sandahl to approve the consent calendar.
Motion carried 4-0.
Item #6CONSIDERATION OF SPECIAL ASSESSMENTS JANUARY 1 THROUGH
DECEMBER 31, 1997:
A.PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY.
C.L. NO. 219
B.PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR
77TH STREET MAINTENANCE, CITY PROJECT NO. 922.
C.L. NO. 220
C.PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR
LYNDALE/HUB/NICOLLET MAINTENANCE, CITY PROJECT NO.
923. C.L.NO. 221
D.PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR
ALLEY MAINTENANCE, CITY PROJECT NO. 924. C.L. NO. 222
City Manager Prosser reviewed Council Letter No. 219 regarding adopting a
special assessment roll for removal of diseased trees from private property.
Council Meeting Minutes-5-September 14, 1998
Larry Smith, 6231 15th Avenue, had a tree removed and asked why the City wasn’t
removing three other diseased trees. He stated he notified the forestry department.
City Manager Prosser stated that he will respond to Mr. Smith by Friday.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Rosenberg, 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. 8610
RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1997
THROUGH DECEMBER 31, 1997
Motion carried 4-0. This resolution appears as Resolution No. 8610 in Resolution
Book No. 68.
City Manager Prosser reviewed Council Letter No. 220 regarding adopting a
special assessment roll for 77th Street maintenance.
Jack Erickson, property owner in area, asked if this is an ongoing assessment and
why apartment buildings are exempt.
City Manager Prosser responded that it was ongoing and that commercial property
was primarily benefiting from the improvement.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
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. 8611
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 922
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1 - DECEMBER 31, 1997
Motion carried 4-0. This resolution appears as Resolution No. 8611 in Resolution
Book No. 68.
Council Meeting Minutes-6-September 14, 1998
City Manager Prosser reviewed Council Letter No. 221 regarding adopting a
special assessment roll for Lyndale/Hub/Nicollet maintenance.
Council Member Susag asked why there was a large variation in the LHN
maintenance assessment for 1997 and 1999.
Operations Coordinator Hughes stated that the cost of the districts can vary sharply
with improvements, etc. and in this case some maintenance was deferred.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
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. 8612
RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 923
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1 THROUGH DECEMBER 31, 1997
Motion carried 4-0. This resolution appears as Resolution No. 8612 in Resolution
Book No. 68.
City Manager Prosser reviewed Council Letter No. 222 regarding adopting a
special assessment roll for alley maintenance.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Susag, 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. 8613
RESOLUTION ADOPTING THE ASSESSMENT ON CITY PROJECT NO. 924
ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1997
Motion carried 4-0. This resolution appears as Resolution No. 8613 in Resolution
Book No. 68.
Council Meeting Minutes-7-September 14, 1998
Item #7CONSIDERATION OF PROPOSED SPECIAL ASSESSMENTS JANUARY 1
THROUGH DECEMBER 31, 1999.
A.PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING 77TH
STREET PROJECT AREA FOR CURRENT MAINTENANCE
SERVICES, CITY PROJECT NO. 949. C.L. NO. 223
B.PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING
LYNDALE/HUB/NICOLLET AREA FOR CURRENT MAINTENANCE
SERVICES, CITY PROJECT NO. 948. C.L. NO. 224
City Manager Prosser reviewed Council Letter No. 223 regarding consideration of
specially assessing 77th Street Project Area for current maintenance services.
Council Member Susag stated his understanding of how the assessment hearing
process works using 77th Street as an example.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
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. 8614
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA - CITY PROJECT NO. 949 (417-35-645)
JANUARY 1 THROUGH DECEMBER 31, 1999
Motion carried 4-0. This resolution appears as Resolution No. 8614 in Resolution
Book No. 68.
City Manager Prosser reviewed Council Letter No. 224 regarding consideration of
specially assessing Lyndale/Hub/Nicollet Area for current maintenance services.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Susag, 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:
Council Meeting Minutes-8-September 14, 1998
RESOLUTION NO. 8615
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE
JANUARY 1 THROUGH DECEMBER 31, 1999
PROPOSED CITY PROJECT NO. 948 (415-35-635)
Motion carried 4-0. This resolution appears as Resolution No. 8615 in Resolution
Book No. 68.
Item #8PUBLIC HEARING REGARDING APPEAL TO BOARD OF ADJUSTMENT
AND APPEALS OF VARIANCE DENIAL FOR 6600 JAMES AVENUE.
C.L. NO. 225
City Manager Prosser reviewed Council Letter No. 225 regarding appeal to the
Board of Adjustment and appeals of variance denial for 6600 James Avenue.
Al Keenan, 6600 James Avenue, spoke to the City Council requesting approval for
the proposed addition. Mr. Keenan stated that he felt the zoning rules prohibit his
proposed addition but that it is still aesthetically pleasing and needed by his present
family situation.
Mike Tegeder, 1700 West 66th Street, spoke against granting the variance.
M/Rosenbergto deny the variance appeal for 6600 James Avenue.
Motion failed for lack of a second.
Council Member Susag asked for a clarification of a front yard verses a side yard
setback. Mr. Susag asked a series of questions regarding the setback and the positioning
of the structure on the adjacent property.
Community Development Director Palmborg responded to the questions.
M/Susag, S/Sandahl to overrule the decision to deny the variance appeal and to
grant the request for a variance for 6600 James Avenue.
Motion carried 3-1. (Rosenberg opposed)
M/Susag, S/Sandahl that staff prepare findings of fact for a front yard setback and
lot coverage variances to add a third garage stall onto the existing house located at 6600
James Avenue .
Motion carried 3-1. (Rosenberg opposed)
Council Meeting Minutes-9-September 14, 1998
Council Member Susag stated that he was granting this because he feels this is a
very unusual property and because of the positioning of the neighboring garage as
depicted on the staff drawings.
Items 9 through 15 were tabled for a future Council Meeting.
Item #16CONSIDERATION OF 1998 REVISED/1999 PROPOSED BUDGET
RESOLUTIONS ADOPTING 1999 PRELIMINARY PROPERTY TAX LEVY,
TRUTH IN TAXATION HEARING DATES AND CANCELING 1999 AD
VALOREM LEVY FOR CURRENT SPECIAL ASSESSMENT BONDS.
C.L. NO. 233
City Manager Prosser reviewed Council Letter No. 233 regarding consideration of
the 1998/1999 Proposed Budget resolutions adopting the 1999 Preliminary Property tax
levy, Truth in Taxation hearing dates and canceling 1999 Ad Valorem Levy for current
Special Assessment bonds.
Council Member Susag stated that the City held two hearings and that December 7
would be the Truth in Taxation hearing. The motion sets a maximum levy that cannot be
exceeded.
Mayor Kirsch stated that copies of the budget are available at City hall and
Augsburg Library.
M/Susag, S/Sandahl that the following resolutions be adopted, that they be spread
in the resolution book and be made part of these minutes:
RESOLUTION NO. 8605
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 1999
RESOLUTION NO. 8606
RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX
LEVIES ON THE IMPROVEMENT BONDS OF 1980
Motion carried 4-0.
Item #17CONSIDERATION OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR MONROE/FAIRWOOD
PARK PLAY EQUIPMENT IMPROVEMENTS. C.L. NO. 234
Council Meeting Minutes-10-September 14, 1998
City Manager Prosser reviewed Council Letter No. 234 regarding consideration of
plans and specifications and authorization to advertise for bids for Monroe/Fairwood Park
play equipment improvements.
George Watson presented a drawing of the proposed placement of the new
equipment and described the process.
M/Sandahl, S/Rosenberg to approve the plans and specifications and authorize
advertisement for bids for the Monroe/Fairwood Park play equipment project.
Motion carried 4-0.
Item #18CONSIDERATION OF STATUS REPORT REGARDING GOLF COURSE
REPLACEMENT. C.L.NO. 235
George Watson, presented a report regarding the City’s effort to find a suitable
replacement for the City’s golf course facility. He described the meeting process already
undertaken and what steps will be necessary next. One major step is the preparation of a
joint powers agreement between the DNR, the City of Richfield and the Minneapolis Park
and Recreation Board.
Council Member Susag stated that he would like to see the handout stamped
preliminary Conceptual Plan and distributed at the golf course. He also stated that he
would rather see a Par 36 - 9 hole course on the new site rather than business 18 hole
course.
Item #19AIRPORT STATUS REPORT
City Manager Prosser made a brief airport status report. Mr. Prosser reported on a
plan forwarded to the City by MAC regarding the upgrading of the interchange at 66th
Street and trunk Hwy. 77. He also described State and Federal legislative matters that
must be addressed by the City concerning the airport matter.
Mayor Kirsch and Council Member Sandahl will travel to Washington D.C. to meet
with Congressman Sabo regarding airport issues.
Council Member Susag reported on an article written in the Star Tribune regarding
potential cutbacks on flights to Hong Kong. Mr. Susag stated that he would like response
information to this item distributed to golf course staff.
Council Meeting Minutes-11-September 14, 1998
Item #20LEGISLATIVE REPORT
None
Item #21COUNCIL DISCUSSION ITEMS
Council Member Rosenberg stated that she spoke to a neighborhood watch group
on Russell Avenue and asked the Public Safety Department to talk to neighborhood watch
groups to encourage them to invite council members to speak to them regarding a host of
issues.
Council Member Susag reminded everyone about the Fowl Ball Classic and Cattail
Days.
Item #22CLAIMS AND PAYROLL
M/Rosenberg, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 77674-77722$317,648.66
H/C: 80570-81025$1,126,448.09
Payroll:$462,958.81
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:57 p.m.
Date Approved:
Martin J. KirschMayor
Steven L. DevichJames D. Prosser
Acting City ClerkCity Manager