09-28-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 28, 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; Russ Susag; and Kristal
Stokes.
Members Absent:Susan Rosenberg
City Manager Prosser stated that Council Member Rosenberg had informed him that
she was ill and requested the Council excuse her absence from this meeting.
M/Susag, S/Sandahl to determine the absence of Council Member Rosenberg as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Thomas Ferber, City Clerk; Bruce
Palmborg, Community Development Director; Dan Scott, Public Safety
Director; Mike Eastling, Public Works Director; and Corrine Thomson,
City Attorney.
Council Meeting Minutes-2-September 28, 1998
APPROVAL OF MINUTES
M/Sandahl, S/Susag to approve the following minutes:
(1) Regular City Council Meeting of September 14, 1998
(2) Special City Council Meeting of September 17, 1998
Motion carried 4-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the Council.
Item #2COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Stokes to approve the agenda.
Motion carried 4-0.
Item #3CONSENT CALENDAR
A.APPROVED RESOLUTION CERTIFYING DELINQUENT CITY UTILITY
ACCOUNTS TO COUNTY AUDITOR. C.L. 237
RESOLUTION NO. 8617
RESOLUTION CERTIFYING UNPAID WATER, SEWER, AND STORM WATER
CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER
TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 8617 in Resolution Book No. 68.
M/Stokes, S/Sandahl to approve the consent calendar.
Council Meeting Minutes-3-September 28, 1998
Motion carried 4-0.
Item #4PUBLIC HEARING AND SECOND READING OF NEW ORDINANCE
SECTION 1146 PERTAINING TO TOBACCO AND TOBACCO
PRODUCTS AND REPEAL OF ORDINANCE SECTION 1145.03;
CONSIDERATION OF RESOLUTION SUMMARIZING ORDINANCE
SECTION 1146 FOR LEGAL PUBLICATION; AND CONSIDERATION
OF RESOLUTION APPROVING INCREASE IN FEES FOR
TOBACCO LICENSE IN APPENDIX D, SECTION 8, FEES/PERMITS.
C.L. NO. 238
City Manager Prosser reviewed Council Letter No. 238 regarding a proposed 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.
Janet Pierson, 6909 17th Avenue, Co-Chair of the Richfield Advisory Board of Health,
presented the Board’s recommendations and background information in support of Council
approval of the proposed ordinance.
Greg Headrick, Executive Director of the Minnesota Service Station Association,
discussed concerns that the ordinance requirement that clerks must be 18 years old to sell
tobacco products would create a hardship for some small retail businesses.
Bill Bahl, representing SuperAmerica Stores, spoke in opposition to the ordinance
provision that would require that clerks be 18 years old to sell tobacco products stating it
would have a negative impact regarding employment.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
City Attorney Thomson responded to questions regarding ordinance provisions
related to age restrictions for those who serve or sell liquor.
M/Sandahl, S/Kirsch that this constitutes Second Reading of Bill No. 1998-19
regulating the sale and distribution of tobacco, repealing subsection 1145.03 and adding
section 1146, that it be published in the official newspaper and that it be made part of these
minutes;
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. 8618
Council Meeting Minutes-4-September 28, 1998
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE SECTION
1146 WHICH PERTAINS TO TOBACCO AND TOBACCO PRODUCTS AND WHICH
CONTAINS A COMBINATION OF STATE STATUTE MANDATES AND ITEMS PROPOSED
AND RECOMMENDED BY THE RICHFIELD ADVISORY BOARD OF HEALTH
This resolution appears as Resolution No. 8618 in Resolution Book No. 68.
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. 8619
RESOLUTION AMENDING ESTABLISHED 1998 LICENSE, PERMIT AND
MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD
This resolution appears as Resolution No. 8619 in Resolution Book No. 68.
Motion carried 4-0.
Item #5CONTINUED PUBLIC HEARING REGARDING PLANNED UNIT
DEVELOPMENT PLAN AND SECOND READING OF ORDINANCE
AMENDMENT REZONING LAND AT 710 LAKE SHORE DRIVE AND
6724 LYNDALE AVENUE FROM GENERAL COMMERCIAL AND
SINGLE FAMILY RESIDENCE TO PLANNED MULTIPLE RESIDENCE
FOR GRAMERCY PARK COOPERATIVE DEVELOPMENT.
C.L. NO. 239
City Manager Prosser reviewed Council Letter No. 239 regarding a request from
Gramercy Corporation for approval of a planned unit development plan for a 218-unit senior
housing cooperative and a new VFW facility and rezoning of the land at 710 Lake Shore
Drive and 6724 Lyndale Avenue from C-2 (general commercial) and R (single family
residence) to planned multiple residence (PMR) for the Gramercy Park Cooperative
development.
Mike Conlan, Gramercy Cooperation, spoke in support of approval so that the
development can proceed as proposed.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1998-20
amending Appendix I, that it be published in the official newspaper and that it be made part
Council Meeting Minutes-5-September 28, 1998
of these minutes and to approve the planned unit development plan with the following
stipulations:
1.That the rezoning not be effective until Gramercy Corporation obtains title to both
properties or 30 days following publication, whichever is later.
2.That the developer and/or City work with the adjacent single family property
owners to explore the possibility of purchasing the adjacent single family
properties.
Motion carried 4-0.
Item #6CONTINUED PUBLIC HEARING REGARDING REQUEST FOR FINAL
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF 218 UNIT SENIOR HOUSING COOPERATIVE AND
VFW FACILITY AT 710 LAKE SHORE DRIVE AND 6724 LYNDALE
AVENUE. C.L. NO. 240
City Manager Prosser reviewed Council Letter No. 240 regarding a request from
Gramercy Corporation for approval of a final development plan and conditional use permit to
allow construction use permit to allow construction of a 218-unit senior housing cooperative
and VFW facility at 710 Lake Shore Drive and 6724 Lyndale Avenue.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Kirsch 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. 8620
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
710 Lake Shore Drive and 6724 Lyndale Avenue
Motion carried 4-0. This resolution appears as Resolution No. 8620 in Resolution
Book No. 68.
Council Meeting Minutes-6-September 28, 1998
Item #7CONTINUED PUBLIC HEARING AND SECOND 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. 241
City Manager Prosser reviewed Council Letter No. 241 regarding a proposed
transitory ordinance to vacate excess street right-of-way adjacent to 710 Lake Shore Drive
and 6724 Lyndale Avenue.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 4-0.
M/Sandahl, S/Susag that this constitutes Second Reading of Bill No. 1998-21,
Transitory Ordinance No. 17.85, that it be published in the official newspaper and that it be
made part of these minutes.
Motion carried 4-0.
Item #8CONTINUED PUBLIC HEARING AND CONSIDERATION OF RESOLUTION
GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR
GRAMERCY PARK RICHFIELD, 710 LAKE SHORE DRIVE AND 6724
LYNDALE AVENUE. C.L. NO. 242
City Manager Prosser reviewed Council Letter No. 242 regarding approval of the
preliminary and final plat of Gramercy Park Richfield with the stipulation that an easement
for an entrance monument in the southeast corner of the property be recorded.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 4-0.
M/Sandahl, 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. 8621
RESOLUTION GRANTING PRELIMINARY AND FINAL APPROVAL OF A SUBDIVISION
FOR GRAMERCY CORPORATION
Motion carried 4-0. This resolution appears as Resolution No. 8621 in Resolution
Book No. 68.
Council Meeting Minutes-7-September 28, 1998
Item #9CONTINUED PUBLIC HEARING REGARDING REQUEST FOR
CONDITIONAL USE PERMIT TO ALLOW VFW POST #5555 TO OPERATE
CLUB RESTAURANT AND BAR AT 6401 LYNDALE AVENUE FOR UP TO
18 MONTHS. C.L. NO. 243
City Manager Prosser reviewed Council Letter No. 243 regarding the request from the
Fred Babcock VFW Post #5555 for a conditional use permit to allow them to temporarily
operate a club restaurant and bar facility at the former Pizza Hut space at 6401 Lyndale
Avenue during construction of their new facility in conjunction with the Gramercy Park
Cooperative Development.
Mike Conlan, Gramercy Corporation, stated that the new VFW facility would be built
on top of the parking garage and would be expedited to accommodate the VFW’s earliest
possible occupancy.
David T. Lynn, 401 W. 64-1/2 Street, stated concerns about the potential negative
impact the VFW facility on the residential neighborhood to the east of the proposed site. He
discussed concerns and issues related to adequacy of the number of parking stalls, child
and pedestrian safety, increased traffic on residential streets, the serving of liquor, confining
activity to inside the building, the adequacy of restroom facilities, noise, and gambling. He
suggested alternative sites be considered.
Thomas E. Goalen, 605 West 70th Street, spoke in support of the conditional use
permit discussing the following:
x
Neighborhood traffic issue is preexisting
x
VFW operations will be scaled down
x
VFW polices and has control of membership
x
VFW members are law abiding citizens
x
VFW has contributed much to the community
x
This is a temporary situation
x
Other sites were looked at such as Embers, ColorTile, and King Oscars. The
national charter rules will not allow co-mingling of funds with the American Legion
x
Pull tabs and lottery tickets would be available
Mark Pederson, 500 West 64th Street, stated concerns about the impact on the
neighborhood regarding alcohol consumption, traffic, and enforcement of the no-right-turn
restriction.
Chuck Widmore, General Manager of the VFW, stated that there would be a limited
seating capacity of 50-60 and that there would be no banquets or receptions due to the
Council Meeting Minutes-8-September 28, 1998
scaled back operations. He stated that patrons are not allowed to leave the building with
alcohol. He stated that the restrooms met the code requirements.
Mike Conlan, Gramercy Corporation, stated that the temporary relocation of the VFW
was a key part of making the Gramercy Park Cooperative project work and it was important
that they have a place to operate until the new VFW facility is built. He stated that most
landlords were not interested in leasing for such a short term and that it was fortunate that
the 6401 Lyndale Avenue location was available for the VFW. He noted that Pizza Hut did
not discipline their customers or drivers for ignoring the no-right-turn restriction. He stated
that the VFW was a membership organization which could control and discipline its
membership.
Gerald Millette, 6406 16th Avenue, discussed doorman control regarding patrons at
the American Legion as an example of what the VFW could also do.
Arlan King, VFW Commander, stated that the VFW fully realizes that the concerns of
the neighborhood and will assure that these issues are addressed. He stated that the VFW
will have a full-time doorman on duty. He stated that the VFW will police and control the
facility and membership.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 4-0.
Public Safety Director Scott reviewed the liquor license and police cooperative efforts
and responsibilities regarding alcohol consumption and customer issues. Discussion
followed regarding enforcement of the no-right-turn sign.
City Manager Prosser suggested that Public Safety Director Scott, a VFW
representative, and neighborhood residents meet periodically to monitor, discuss and
respond to any issues.
M/Susag, S/Stokes to approve the conditional use permit for the Fred Babcock VFW
Post #5555 at 6401 Lyndale Avenue to allow the temporary relocation of the VFW with the
following stipulations:
1.That the conditional use permit expire on February 14, 2000 or at such time that
the VFW relocates to a different facility, whichever is sooner.
2.That the “No Right Turn” sign located near the north parking lot access be
maintained.
3.That the number of handicapped parking stalls meet the requirement of four
spaces for a parking lot with 97 stalls.
4.That staff measure traffic counts and speeds in the area to determine whether or
not traffic calming efforts are warranted and implement traffic calming efforts if
the traffic count analysis shows that they are appropriate.
Council Meeting Minutes-9-September 28, 1998
Motion carried 4-0.
Item #10CONTINUED CONSIDERATION OF RESOLUTION AUTHORIZING
TEMPORARY CLOSURE OF ALLEY LOCATED NORTH OF 710
LAKE SHORE DRIVE. C.L. NO. 244
City Manager Prosser reviewed Council Letter No. 244 regarding consideration of a
request for the temporary closure of the alley located north of 710 Lake Shore Drive. He
stated that Gramercy would construct a temporary alley from Graham Avenue, across
property owned by the HRA, to provide access to the two single-family homes on Lake
Shore Drive.
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. 8622
RESOLUTION AUTHORIZING TEMPORARY CLOSING OF ALLEY
Motion carried 4-0. This resolution appears as Resolution No. 8622 in Resolution
Book No. 68.
Item #11CONTINUED CONSIDERATION OF RESOLUTION AUTHORIZING
TEMPORARY USE OF PUBLIC RIGHT OF WAY BY GRAMERCY
CORPORATION. C.L. NO. 245
City Manager Prosser reviewed Council Letter No. 245 regarding request from
Gramercy Corporation for temporary use of public right-of-way located to the west of 710
Lake Shore Drive during construction of the Gramercy Park Cooperative.
M/Sandahl, 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. 8623
RESOLUTION AUTHORIZING TEMPORARY OCCUPANCY AGREEMENT
Council Meeting Minutes-10-September 28, 1998
Motion carried 4-0. This resolution appears as Resolution No. 8623 in Resolution
Book No. 68.
Item #12CONSIDERATION OF RESOLUTION REGARDING FINDINGS OF
FACT GRANTING APPROVAL OF FRONT YARD SETBACK AND
LOT COVERAGE VARIANCES FOR 6600 JAMES AVENUE. C.L.
NO. 246
City Manager Prosser reviewed Council Letter No. 246 regarding adoption of the
findings of fact granting approval of front yard setback and lot coverage variances for 6600
James Avenue.
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. 8624
RESOLUTION GRANTING AN APPEAL TO THE BOARD OF ADJUSTMENT AND
APPEALS OF A DECISION MADE BY THE HEARING EXAMINER
6600 JAMES AVENUE
Motion carried 4-0. This resolution appears as Resolution No. 8624 in Resolution
Book No. 68.
Item #13CONSIDERATION OF RESOLUTION APPROVING LAWFUL
GAMBLING LICENSE WITH FEE WAIVER FOR FRED BABCOCK
VFW POST #5555, 6401 LYNDALE AVENUE. C.L. NO. 247
City Manager Prosser reviewed Council Letter No. 247 regarding a request from the
Fred Babcock VFW Post #5555, 6401 Lyndale Avenue, for a lawful gambling license and
waiver of the $100 investigation fee.
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. 8625
RESOLUTION AUTHORIZING THE FRED BABCOCK VFW POST #5555 TO CONDUCT
LAWFUL GAMBLING
Council Meeting Minutes-11-September 28, 1998
Motion carried 4-0. This resolution appears as Resolution No. 8625 in Resolution
Book No. 68.
Item #14CONSIDERATION OF FIRST READING OF ORDINANCE
RELATING TO RULES OF COUNCIL PROCEDURE AMENDING
SUBSECTIONS 205.05, 205.09 AND 205.13 OF RICHFIELD CITY
CODE AND CONSIDERATION OF RESOLUTION ADOPTING
RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL
MEETINGS. C.L. NO. 248
City Manager Prosser reviewed Council Letter No. 248 regarding a proposed
ordinance amendment and resolution related to the rules of Council procedure and decorum
for City Council meetings.
M/Sandahl, 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 October 26,
1998 City Council meeting.
Motion carried 4-0.
Item #15CONSIDERATION OF SETTING OCTOBER 12, 1998 AS PUBLIC
HEARING FOR NEW ON-SALE AND SUNDAY LIQUOR LICENSE
FOR FRED BABCOCK VFW POST #5555, 6401 LYNDALE
AVENUE. C.L. NO. 249
City Manager Prosser reviewed Council Letter No. 249 regarding scheduling a public
hearing on a new on-sale and Sunday liquor license for Fred Babcock VFW Post #5555,
6401 Lyndale Avenue, for October 12, 1998.
M/Sandahl, S/Susag, to schedule October 12, 1998 as the date to hold the public
hearing on the request for an on-sale and Sunday liquor license for Fred Babcock VFW Post
#5555, 6401 Lyndale Avenue.
Motion carried 4-0.
Item #16CONSIDERATION OF RECOMMENDATION TO PROVIDE
TRAFFIC CALMING ON 70TH STREET WEST OF PENN AVENUE.
C.L. NO. 250
Council Meeting Minutes-12-September 28, 1998
Traffic Engineer Foley reviewed C.L. No. 250 regarding the history of traffic calming
efforts related to excessive traffic on 70th Street west of Penn Avenue. He stated that
significant opposition existed to the proposal recently recommended by the Community
Services Commission for a one-way street for one block on either end of 70th Street. He
stated that traffic calming measures such as this are not successful without community
support; therefore, City staff recommends that the City Council refer the 70th Street traffic
calming study back to the Community Services Commission to evaluate other traffic calming
measures.
M/Sandahl, S/Stokes to refer the 70th Street traffic calming study back to the
Community Services Commission to evaluate other traffic calming measures.
Motion carried 4-0.
Item #17CONSIDERATION OF ORDERING PROJECT, APPROVING PLANS
AND SPECIFICATION, AND AUTHORIZING ADVERTISEMENT FOR
BIDS FOR PHASE ONE OF BALL FIELD REPLACEMENT
PROJECT. C.L. NO. 251
George Watson, Brauer and Associates, reviewed C.L. No. 251 regarding approval of
the plans and specifications and authorizing the advertisement for bids for Phase One of the
ball field replacement project. He reviewed drawings of the proposed Phase One project for
the following sites:
x
Donaldson Park/Junior High
x
Roosevelt Park
x
Washington Park
x
Intermediate School
Mr. Watson answered questions from Council Member Susag regarding field
dimensions at Roosevelt Park, the sliding hill reconfiguration, and the elimination of the
additional soccer field at the Donaldson/Junior High site.
Gerald Millette, 6406 16th Avenue, stated that a concession building will be
necessary at Roosevelt Park in the future.
Rick Jabs, 6805 Knox Avenue, noted that the Task Force had spent a lot of time
addressing the issues related to the ball field relocation. He indicated that the Task Force
had worked to address the concerns of the Donaldson Park/Junior High neighbors. He
indicated that the athletic associations would address the parking issues and that the
improvements would be a benefit to all.
Council Meeting Minutes-13-September 28, 1998
Scott Freeman, 6212 Bloomington Avenue, Vice President of the Richfield Girls
Softball Association, stated that they are one of the dominant users of the Donaldson fields
and that they would contact all parents requesting they park in the parking lots and not on
the street.
Linda Rolshouse, 7321 Morgan Avenue, stated that the athletic associations were
painting too rosy a picture and stated that from her perspective, nothing had been resolved.
She stated that the changes and traffic would have a negative impact on her neighborhood.
She discussed concerns about noise, parking, trash, traffic, and odors. She stated that a
traffic study and building permit should be required before any changes are made. She
suggested that the athletic associations should look at other options.
George Watson reviewed the revisions that had been made to the Donaldson Park
plan.
M/Sandahl, S/Stokes to order City Project No. 421-40-754, approve the plans and
specifications and authorize advertisement for bids for Phase One of the ball field
replacement project.
Motion carried 4-0.
Item #18AIRPORT STATUS REPORT
Mayor Kirsch discussed the following airport issues:
x
September 17 meeting with Congressman Martin Sabo regarding airport issues.
x
October 6 meeting scheduled with FAA in Washington D.C. with Council Member
Sandahl, City Manager Prosser, Legal Counsel Steve Pflaum, and Noise
Consultant Sandy Fidell attending to discuss low frequency noise impacts and
related mitigation.
x
The September 30 meeting of the Mitigation Panel at which Richfield will present
its response to the MAC proposal.
City Manager Prosser stated that the League of Women Voters is sponsoring a panel
discussion regarding airport issues that will be on cable TV. Planning Commission Chair
Dan Linnihan and MAC Executive Director Jeff Hamiel are among those expected to
participate.
City Manager Prosser discussed the following issues:
x
Requesting that if the FAA and EQB should approve the North-South Runway EIS
that it be contingent on a satisfactory mitigation for Richfield.
x
Requesting that the FAA approve the use of MAC funding for low frequency noise
mitigation.
x
Requesting FAA assistance in identifying federal funding for mitigation.
Council Meeting Minutes-14-September 28, 1998
x
MAC condemnation action regarding New Ford Town and Rich Acres park land
and the City’s response.
Council Member Stokes reported on MASAC activities.
Item #19LEGISLATIVE REPORT
None.
Item #20COUNCIL DISCUSSION ITEMS
Council Member Susag discussed the following:
x
FOWL Ball Golf Klassic event - School Board team defeated the City Council
team.
x
Friends of Augsburg Park Library Book Sale - October 10.
Item #21CLAIMS AND PAYROLL
M/Sandahl, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 77723-77751$28,831.00
H/C: 81047-81454$859,217.03
Payroll: 7881-8164$443,562.54
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:01 p.m.
Council Meeting Minutes-15-September 28, 1998
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager