10-12-98 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 12, 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; and Corrine Thomson, City Attorney.
APPROVAL OF MINUTES
M/Sandahl, S/Stokes to approve the following minutes:
1.Regular City Council Meeting of September 28, 1998
2.Regular City Council Study Session of October 5, 1998
Council Meeting Minutes-2-October 12, 1998
Motion carried 5-0.
Item #1PRESENTATION OF PUBLIC SAFETY DEPARTMENTAL COMMENDATION
TO JENNIFER ROMO
Public Safety Director Scott presented a Public Safety Departmental
Commendation to Jennifer Romo in recognition of her special contributions to the
department related to language interpretation and working with the Hispanic community.
Terri Vandergriff, agent with the Bureau of Criminal Apprehension (BCA),
presented a certificate of appreciation from the BCA to Jennifer Romo in recognition of
her contribution to law enforcement and assistance to the BCA.
Item #1APRESENTATION OF PROCLAMATION TO RICHFIELD HISTORICAL
SOCIETY.
Council Member Susag read and presented a proclamation to the Richfield
Historical Society declaring October 25-31, 1998 as Bartholomew Family Heritage Week
in the City of Richfield.
Bill Snyder, member of the Richfield Historical Society, invited the public to the
Bartholomew House museum dedication event to be held on October 25 at 3:00 p.m.
Council Member Susag encouraged the public to become members of the Richfield
Historical Society.
Item #2OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Cynthia Soucheray, 6645 Grand Avenue, discussed her disappointment with the
relocation process and the Community Development Department regarding application of
the preference policy for lot priority for the Richfield Rediscovered Program.
Council Member Rosenberg asked that Community Development Director
Palmborg work with Mrs. Soucheray regarding alternatives and resolving her request.
Council Meeting Minutes-3-October 12, 1998
Leslie Leko, Area Manager for Super America, stated concerns regarding the
impact of the new tobacco ordinance provision that individuals must be 18 years old to
sell tobacco products. She stated it would have a negative impact for the employment of
16 and 17 year olds. She asked that the Council amend the ordinance to allow 16 and 17
year olds to sell cigarettes if they have parental consent.
Council Member Rosenberg stated that the Super America managers had been
giving misleading and wrong information to youth about the ordinance saying that they
would lose their jobs and not be able to afford college because of the action of the City
Council. She stated the ordinance does not prohibit employment of 16 and 17 year olds,
but rather that they cannot sell tobacco, just like the existing regulation regarding the sale
of beer.
Joe Thompson, Super America Store Manager, read a letter from 17 year old
employee Matt Larson regarding concern about losing his job.
Nicole Clos, Super America Store Manager, stated it was a strain on their business
and staff to have to call an 18 year old up to the register to handle cigarette sales. She
asked the Council to reconsider the ordinance provision.
Tom Perez, Super America employee, stated concern that he would lose his job as
a result of the ordinance.
James Andoychowicz, Super America Store Manager, stated he did not have any
employees under 18 currently, but that the ordinance had precluded him from hiring local
qualified 16 and 17 year olds.
Bart Ryan, Super America Store Manager, stated concern that the ordinance would
jeopardize jobs for youth.
Bryant Lange, Super America employee, stated concern about the ordinance
impacting youth employment.
Bill Bahl, representing Super America, stated that because 25 - 30% of their sales
involve tobacco, the ordinance creates a problem for them. He suggested further review
and amendment for other alternatives.
Mayor Kirsch asked if the 18 year old requirement was unique to Richfield.
Public Safety Director Scott stated that other cities do have the same requirement
including St. Louis Park.
Council Member Susag requested that City staff prepare a memo for the City
Council providing the following information:
1.Clarification regarding the age restrictions for the sale of liquor in City
ordinances.
Council Meeting Minutes-4-October 12, 1998
2.Information on what other cities have an equivalent age restriction in their
tobacco ordinance.
3.Information about whether Super America has stores in the other communities
that have the age restriction in their ordinance.
Larry Wozniczka, 6744 Wentworth Avenue, asked questions about who is
responsible for completion of the dry pond construction at the Academy of Holy Angels,
the final design, and requested the adjacent neighbors be informed regarding these
issues.
Public Works Director Eastling stated that Academy of Holy Angels is responsible
for the construction as part of their off-street parking permit for expansion of their parking
lot.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Stokes to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A.APPROVED RESOLUTION AUTHORIZING EXECUTION OF MIGHTY DUCKS
GRANT AGREEMENT FOR CONSTRUCTION OF SECOND ICE SHEET C.L.
252
RESOLUTION NO. 8626
RESOLUTION AUTHORIZING THE ACCEPTANCE OF “MIGHTY DUCKS” GRANT
AND AUTHORIZING EXECUTION OF AGREEMENT
This resolution appears as Resolution No. 8626 in Resolution Book No. 68.
B.APPROVED RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR NOVEMBER 3, 1998 C.L. 253
RESOLUTION NO. 8627
RESOLUTION APPOINTING HIGH SCHOOL STUDENT TRAINEE
ELECTION JUDGES FOR THE
GENERAL ELECTION OF NOVEMBER 3, 1998
This resolution appears as Resolution No. 8627 in Resolution Book No. 68.
Council Meeting Minutes-5-October 12, 1998
C.APPROVED SETTING NOVEMBER 5, 1998 FOR SPECIAL CITY COUNCIL
MEETING TO CONSIDER RESOLUTION DECLARING RESULTS OF GENERAL
ELECTION HELD ON NOVEMBER 3, 1998 C.L. 254
D.APPROVED RESOLUTION AUTHORIZING CONTINUED PARTICIPATION IN
LIVABLE COMMUNITIES ACT PROGRAMS ADMINISTERED BY
METROPOLITAN COUNCIL C.L. 255
RESOLUTION NO. 8628
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVE ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT - CALENDAR YEAR 1999
This resolution appears as Resolution No. 8628 in Resolution Book No. 68.
E.APPROVED RESOLUTION REGARDING AGREEMENT BETWEEN OFFICE OF
TRAFFIC SAFETY IN MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND
CITY OF RICHFIELD, PUBLIC SAFETY DEPARTMENT, PERTAINING TO SAFE
& SOBER COMMUNITIES PROGRAM C.L. 256
RESOLUTION NO. 8629
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY DEPARTMENT
ACCEPTANCE OF SAFE & SOBER COMMUNITIES GRANT FUNDS
Motion carried 5-0. This resolution appears as Resolution No. 8629 in Resolution
Book No. 68.
F.APPROVED EXTENDING CONTRACT NO. A01384 WITH HENNEPIN COUNTY
TO ALLOW CONTINUED ACCESS TO PROPERTY INFORMATION SYSTEM
C.L. 257
G.APPROVED REQUEST FOR AMENDED OFF-STREET PARKING PERMIT AT
HAMPTON PLACE APARTMENTS, 620-734 EAST 78TH STREET AND 701-735
EAST 77TH STREET C.L. 258
H.APPROVED SIGN PERMIT WITH FEE WAIVER FOR RICHFIELD COMMUNITY
CENTER ANNUAL FALL BOUTIQUE AT 7000 NICOLLET AVENUE ON
OCTOBER 24, 1998 C.L. 259
I.APPROVED REQUEST FROM STATE OF MINNESOTA TO REVIEW REQUEST
FOR RENEWAL OF CURRENCY EXCHANGE LICENSE FOR THE MONEY
CENTER, 6525 NICOLLET AVENUE C.L. 260
J.APPROVED BID MINUTES/TABULATION AND REJECTION OF BID SUBMITTED
BY TRUCK UTILITIES & MFG. CO., INC. IN AMOUNT OF $23,717 C.L. 261
Council Meeting Minutes-6-October 12, 1998
M/Sandahl, S/Susag to approve the consent calendar.
Motion carried 5-0.
Item #5PUBLIC HEARING REGARDING NEW 1998 CLUB ON-SALE AND SUNDAY
LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 6401
LYNDALE AVENUE. C.L. NO. 262
City Manager Prosser reviewed Council Letter No. 262 regarding the application of
the Fred Babcock V.F.W. Post No. 5555 for new 1998 club on-sale and Sunday liquor
licenses at the 6401 Lyndale Avenue location.
M/Sandahl, S/Susag to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rosenberg to approve the application for a new 1998 club on-sale
and Sunday liquor licenses for Fred Babcock V.F.W. Post No. 5555, at the 6401 Lyndale
location with the following stipulation:
1.That the requirements in Resolution No. 7380 are met.
Motion carried 5-0.
Item #6PUBLIC HEARING REGARDING REQUEST FOR CONDITIONAL USE
PERMIT TO ALLOW 48-SEAT RESTAURANT AT 811 EAST 66TH
STREET. C.L. NO. 263
City Manager Prosser reviewed Council Letter No. 263 regarding the request of
Kham Lou for a conditional use permit to allow a 48 seat 1,963 square foot restaurant at
811 East 66th Street.
Gary Olson, 6633 Columbus Avenue, discussed concerns about odors, parking,
and traffic related to having a restaurant at this location. He suggested possible solutions
including no employee parking in front of the building, no parking restrictions on the east
side of Chicago Avenue, removal of the Richfield Floral out building, and a air filtration
system.
Discussion followed regarding restaurant odors, “scrubber” air filtration systems,
economic issues, whether it is appropriate to wait to see if there is an odor problem before
Council Meeting Minutes-7-October 12, 1998
requiring an air “scrubber” system, and whether requirement is an appropriate condition
for a conditional use permit (CUP).
Kham Lou, 6600 17th Avenue, the applicant, indicated that with the right equipment
he did not think the $50,000 “scrubbers” would be necessary.
Amy Krauss, 6635 11th Avenue, stated concerns about the adequacy of off street
parking at the site.
Discussion followed regarding off street parking requirements and shared parking
concepts.
Dennis W. Manson, 6901 Park Avenue, asked if a air “scrubber” had been required
for the Eastern Buffet.
City Manager Prosser stated he did not recall if it had been required for that
restaurant.
Council Member Sandahl made a motion to approve the resolution for the
conditional use permit subject to an additional condition that the conditional use permit be
reviewed in six months to determine whether odor control air filtration scrubbers are
required.
Discussion followed regarding the best time frame for review. It was consensus of
the Council that nine months would be the best for this particular CUP.
It was also the consensus of the Council to add another condition to the resolution
to approve the CUP that the ten parking spaces behind the buildings be designated for
employee parking for all three businesses and that employees be encouraged to park
there.
The following were the conditions included in the resolution:
x
That the property owner and tenants work together to coordinate deliveries
and keep trucks from parking on and blocking Chicago Avenue.
x
That alcohol not be served unless a liquor license is obtained and an
amendment to the conditional use permit approved.
x
That the dumpster enclosure be approved by the Health Inspector for use by a
restaurant.
x
That this resolution be recorded with the County, pursuant to Minnesota
statutes section 462.36, subdivision 1.
x
That the conditional use permit will be reviewed after nine months to evaluate
the impact of the restaurant on the neighborhood and to determine whether
odor mitigation measures are necessary.
Council Meeting Minutes-8-October 12, 1998
x
That the ten parking spaces behind the buildings be designated for employee
parking for all three businesses and that employees be encouraged to park
there.
M/Susag, S/Sandahl to close the public hearing.
Motion carried 5-0.
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. 8630
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
(811 East 66th Street)
Motion carried 5-0. This resolution appears as Resolution No. in Resolution Book
No. 68.
Item #7CONSIDERATION OF FIRST READING OF ORDINANCES AMENDMENT
TO CITY CODE 930 REGARDING NOISE RELATED ISSUES. C.L. NO. 264
City Manager Prosser reviewed Council Letter No. 264 regarding a proposed
ordinance amendment to City Code Section 930 updating the following areas of the
current noise ordinance: unlawful idling of a motor vehicle, motor vehicle audio systems,
refuse hauling, radios, phonographs, stereo and electronic equipment, paging systems,
and participation in noisy gatherings.
Council Member Susag requested that Public Safety Director Scott be prepared to
speak at second reading about the enforcement process for this 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
November 9, 1998 City Council meeting.
Motion carried 5-0.
Item #8CONSIDERATION OF AWARD OF CONTRACT TO NADEAU UTILITY, INC.
FOR REPLACEMENT OF PLAY EQUIPMENT AT MONROE/FAIRWOOD
PARKS IN AMOUNT OF $188,848.90. C.L.NO. 265
Council Meeting Minutes-9-October 12, 1998
City Manager Prosser reviewed Council Letter No. 265 recommending the award of
contract to Nadeau Utility, Inc. for replacement of play equipment at Monroe/Fairwood
Parks in the amount of $118,848.90.
M/Sandahl, S/Rosenberg to accept the bid minutes/tabulation and award a contract
to Nadeau Utility, Inc. (contractor) in the amount of $118,848.90 (including base bid and
alternates two and three) for play equipment at Monroe/Fairwood Parks.
Motion carried 5-0.
Item #9CONSIDERATION OF MAYOR’S APPOINTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSIONER. C.L. NO. 266
Mayor Kirsch announced his choice of Michael Sandahl for appointment as a
Commissioner to the Housing and Redevelopment Authority.
M/Kirsch, S/Susag to confirm the Mayor’s appointment of Michael Sandahl as a
Commissioner to the Housing and Redevelopment Authority for a five year term which will
expire in October 2003.
Motion carried 5-0.
Item #10CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT FOR STATE OF MINNESOTA GRANT AGREEMENT FOR
BALL FIELD REPLACEMENT PROJECT. C. L. NO. 267
City Manager Prosser reviewed Council Letter No. 267 regarding a resolution
authorizing execution of an agreement with the State of Minnesota for acceptance of a
$2,000,000 grant to develop and improve ballfields at various parks to replace ballfields
lost to the Metropolitan Airports Commission (MAC).
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. 8631
RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE GRANT
FROM THE STATE OF MINNESOTA FOR THE BALL FIELD REPLACEMENT PROJECT
GRANT, AUTHORIZING EXECUTION OF AGREEMENT
AND CERTIFICATE OF INCUMBENCY
Council Meeting Minutes-10-October 12, 1998
Motion carried 5-0. This resolution appears as Resolution No. 8631 in Resolution
Book No. 68.
Item #11AIRPORT STATUS REPORT
Council Member Sandahl gave the following report on airport issues:
On October 6, City of Richfield officials and Michael Erlandson, chief of staff to
Rep. Martin Sabo, met with the Federal Aviation Administration (FAA) in Washington to
discuss the need for mitigation of low frequency noise impacts of a new North-South
Runway on Richfield homes. Richfield officials made four requests of the FAA. They
were:
x
That the FAA’s Record of Decision for the new North-South Runway be revised
to include a condition that the Metropolitan Airports Commission (MAC) develop
a mutually acceptable mitigation plan for protection of low frequency noise
impacts on Richfield.
x
That the FAA advise MAC that it is allowable for them to discuss ways to
mitigate low frequency noise impacts on residents.
x
That the FAA advise MAC that they can use airport revenue to pay for the
mitigation effort.
x
That the FAA works with the City to identify federal money that can be used to
pay for the City’s mitigation efforts.
Council Member Sandahl stated that he and City Manager Prosser also met with
two Washington reporters, and Senator Wellstone, Senator Grams, and Congressman
Oberstar about Richfield’s issues with the FAA and MAC.
Mayor Kirsch acknowledged the work of the Richfield Care Team on airport issues.
He invited the public to the October 20 candidate forum co-hosted by the City and the
Richfield Care Team at Rich Acres Golf Course. He reviewed a letter from the City
Council that will be sent to residents regarding the status of negotiations with the MAC
and requesting resident participation in attending the October 26 Environmental Quality
Board Meeting and contacting Congressman Sabo, Senator Grams and Senator
Wellstone about airport issues.
Item #12LEGISLATIVE REPORT
None.
Council Meeting Minutes-11-October 12, 1998
Item #13COUNCIL DISCUSSION ITEMS
MayorKirsch reminded residents that the October issue of the Your City newsletter
has been mailed and that if residents need further information they should call the contact
numbers listed in the newsletter. He thanked the Fire Division for their efforts in
conducting the annual Fire Division open house on October 10.
Item #14CLAIMS AND PAYROLL
M/Rosenberg, S/Stokes that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 77752 - 77780$155,034.67
H/C: 81456-81820$609,799.54
Payroll: 8166-8428$436,291.69
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:46 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager