09-27-99 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 27, 1999
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; Sue Sandahl; Susan Rosenberg; Russ Susag;
and Kristal Stokes.
Staff Present:Steven Devich, Acting City Manager; Thomas Ferber, City Clerk;
Bruce Palmborg, Community Development Director; Mike Eastling,
Public Works Director; Jim Topitzhofer, Recreation Services
Director; William Fillmore, Liquor Operations Director; Barry Fritz,
Police Captain; Steven Sutter, Fire Marshal/Assistant Chief; and
John Dean, City Attorney.
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the regular City Council Meeting of
September 13, 1999.
Motion carried 5-0.
Council Meeting Minutes-2-September 27, 1999
Item #1PRESENTATION OF PROCLAMATION COMMEMORATING THE 100TH
ANNIVERSARY OF THE VETERANS OF FOREIGN WARS AND
DECLARING SEPTEMBER 29, 1999 AS VFW DAY
Council Member Susag read and presented a proclamation commemorating the
100th Anniversary of the Veterans of Foreign Wars and declaring September 29, 1999 as
VFW Day in the City of Richfield to Thomas Martin, Commander of VFW Post 5555, and
representative post members.
Item #2OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
None.
Item #3 COUNCIL APPROVAL OF AGENDA
Acting City Manager Devich requested that the following item be added to the
agenda:
Consideration of Council approval to extend a two-year contract with Morrow Auto
Specialty, Inc. to provide the towing, impounding and storage of vehicles for the City of
Richfield C.L. 232.
M/Sandahl, S/Rosenberg to add the following item to the consent calendar as Item
#: Consideration of Council approval to extend a two-year contract with Morrow Auto
3I
Specialty, Inc. to provide the towing, impounding and storage of vehicles for the City of
Richfield C.L. 232 and to approve the agenda as amended.
Motion carried 5-0.
Item #4CONSENT CALENDAR
A.APPROVED RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING
ELECTION JUDGES FOR NOVEMBER 2, 1999 SPECIAL CITY ELECTION C.L. 218
RESOLUTION NO. 8768
RESOLUTION DESIGNATING POLLING PLACES AND
Council Meeting Minutes-3-September 27, 1999
APPOINTING ELECTION JUDGES FOR
THE SPECIAL CITY ELECTION OF NOVEMBER 2, 1999
This resolution appears as Resolution No. 8768 in Resolution Book No. 70.
B.APPROVED RESOLUTION AUTHORIZING CONTINUED PARTICIPATION IN
LIVABLE COMMUNITIES ACT PROGRAMS ADMINISTERED BY METROPOLITAN
COUNCIL C.L. 219
RESOLUTION NO. 8769
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING
INCENTIVE ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 2000
This resolution appears as Resolution No. 8769 in Resolution Book No. 70.
C.APPROVED RESOLUTION CERTIFYING DELINQUENT SEWER AND WATER
UTILITY ACCOUNTS TO COUNTY AUDITOR C.L. 220
RESOLUTION NO. 8770
RESOLUTION AUTHORIZING CERTIFICATIION OF UNPAID SEWER AND WATER
SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER
TAXES ON SAID PROPERTIES
This resolution appears as Resolution No. 8770 in Resolution Book No. 70.
D.APPROVED AUTHORIZATION TO USE ONE PAID VACATION DAY AS PRIZE IN
1999 RICHFIELD CHARITABLE FUNDS DRIVE C.L. 221
E.APPROVED REMOVAL OF STOP SIGN AT 67TH STREET AND GRAND AVENUE
C.L. 222
F.APPROVED OFF-STREET PARKING PERMIT FOR 7708 FIFTH AVENUE TO
ALLOW CONSTRUCTION OF BUILDING ADDITION C.L. 223
G.APPROVED AMENDING EXISTING WORK ORDER WITH BRW INC. FOR
NICOLLET AVENUE AND 67TH STREET TRAFFIC SIGNAL IMPROVEMENTS IN
AMOUNT OF $25,770 AND EXTENDING COMPLETION DATE INTO 2000 C.L. 224
H.APPROVED AGREEMENT WITH CONWORTH, INC. TO ASSIST IN RIGHT-OF-WAY
ACQUISTION FOR 77TH STREET PHASE III UNDERPASS PROJECT IN AMOUNT
NOT TO EXCEED $55,000 WITHOUT FURTHER AUTHORIZATION C.L. 225
I.APPROVED ENTENSION OF THE CONTRACT WITH MORROW AUTO SPECIALTY,
INC. FOR THE PERIOD OF OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2001
TO PROVIDE TOWING, IMPOUNDING AND STORAGE OF VEHICLES FOR THE
CITY C.L. 232
Council Meeting Minutes-4-September 27, 1999
M/Stokes, S/Susag to approve the consent calendar as amended.
Motion carried 5-0.
Item #5PUBLIC HEARING REGARDING APPEAL TO BOARD OF ADJUSTMENT
AND APPEALS OF VARIANCE DENIAL FOR 6600 JAMES AVENUE
C.L. 226
Acting City Manager Devich reviewed C.L. No. 226 regarding the appeal by Al
Keenan, 6600 James Avenue, of the hearing examiners decision regarding a variance
request to allow a second and third story addition above the third stall garage addition for
which a setback variance had previously been granted.
Al Keenan, 6600 James Avenue, spoke in support of his request to allow the
variance for the addition of the two floors above the garage to make a more architecturally
pleasing building.
Council Member Sandahl asked questions regarding the difference between the
variance previously granted for the third garage stall and this request.
Community Development Director Palmborg stated this request did not meet the
hardship requirements necessary to grant a variance.
Council Member Sandahl stated there was no difference in the setback between the
two plans or footprint of the building; therefore she saw no reason to deny the request.
M/Susag, S/Stokes to close the public hearing.
Motion carried 5-0.
M/Stokes, S/Susag to deny the variance appeal request of Al Keenan, 6600 James
Avenue, on the basis that the variance does not meet the City and State tests for granting
a variance and to adopt and affirm the findings of the hearing examiner.
Motion carried 3-2. (Kirsch and Sandahl opposed)
Item #6PUBLIC HEARING REGARDING APPEAL TO BOARD OF ADJUSTMENT
AND APPEALS OF VARIANCE DENIAL FOR 7532 GIRARD AVENUE
C.L. 227
Acting City Manager Devich reviewed C.L. No. 227 regarding appeal by Karla
Dagnault, 7532 Girard Avenue, of the hearing examiners denial of a setback variance for
construction of a detached garage.
Council Meeting Minutes-5-September 27, 1999
Karla Dagnault, 7532 Girard Avenue, reviewed the site plan layout for the proposed
garage and the reasons for its location on the lot. She stated that it provided the best use
of the property, indicated there was minimal traffic on Humboldt Avenue, and was a safe
alternative. She stated the suggested alternative by the Design Advisor would pave too
much of the yard and create more of a safety and site line problem.
Fred Habegger, 6740 Blaisdell Avenue, stated he owned the property to the north of
the subject property and spoke in support of the variance request.
Council Member Susag spoke in support of granting the variance request based on
the low volume of traffic, no parking restrictions, site lines, maximizing yard usability and
the disadvantages of the alternatives.
City Attorney Dean responded to questions regarding discretionary immunity and
possible conditions related to prohibiting a car parked in the driveway from sticking out into
the street.
Discussion followed regarding addressing this issue in the findings of fact if the
variance were to be approved.
M/Susag, S/Stokes to close public hearing.
Motion carried 5-0.
M/Susag, S/Stokes approve the original variance request for the construction of a
detached garage at 7532 Girard Avenue two feet from the interior side property line and
six feet from the street side property line with a finding that the proposed garage
placement would not have a negative impact on the neighborhood and to direct staff to
prepare the findings of fact.
Motion carried 3-2. (Rosenberg and Kirsch opposed)
Item #7PUBLIC HEARING TO CONSIDER PLAN TO TRANSPLANT TREES FROM
RICH ACRES GOLF COURSE TO VETERANS MEMORIAL PARK AND
OTHER CITY SITES C.L. 228
Acting City Manager Devich reviewed C.L. No. 228 regarding a proposed plan to
transplant trees from the Rich Acres Golf Course to Veterans Memorial Park and other City
sites.
Recreation Services Director Topitzhofer reviewed and answered questions
regarding the recommended plan for the placement of transplanted trees from Rich Acres
Golf Course to Veterans Memorial Park and other City sites.
M/Susag, S/Stokes to close the public hearing.
Council Meeting Minutes-6-September 27, 1999
Motion carried 5-0.
M/Rosenberg, S/Stokes to approve the recommended plan (Agenda page 6-4) to
transplant trees from Rich Acres Golf Course to Veterans Memorial Park as well as other
City sites.
Motion carried 5-0.
Item #8CONSIDERATION OF RESOLUTION AUTHORIZING RECEIPT OF
STREET RIGHT-OF-WAY VACATION PETITION AND CALLING FOR
PUBLIC HEARING (62ND STREET) AND FIRST READING OF
TRANSITORY ORDINANCE VACATING RIGHT-OF-WAY ADJACENT TO
6225 BLAISDELL AVENUE C.L.. 229
Acting City Manager Devich reviewed C.L. No. 229 regarding receipt of a street
right-of-way vacation petition and first reading of a proposed transitory ordinance vacating
the right-of-way adjacent to 6225 Blaisdell Avenue.
M/Susag, 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. 8772
RESOLUTION AUTHORIZING RECEIPT OF STREET RIGHT-OF-WAY PETITION AND
CALLING FOR PUBLIC HEARING
(62nd Street)
This resolution appears as Resolution No. 8772 in Resolution Book No. 70.
And, that: this constitute the First Reading of this transitory ordinance; and that the
Public Hearing and Second Reading of the ordinance be scheduled for the October 25,
1999 City Council meeting.
Motion carried 5-0.
Item #9CONSIDERATION OF RESOLUTION AUTHORIZING FORM OF TAX
INCREMENT PLEDGE AGREEMENT WITH HRA RELATING TO $1,700,000
GENERAL OBLIGATION TAXABLE TAX INCREMENT BONDS, SERIES
1999A C.L. 230
Acting City Manager Devich reviewed C.L. No. 230 regarding consideration of a
resolution authorizing the form of a Tax Increment Pledge Agreement with the HRA
relating to $1,700,000 General Obligation Taxable Tax Increment Bonds, Series 1999A.
Council Meeting Minutes-7-September 27, 1999
M/Susag, 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. 8773
RESOLUTION AUTHORIZING THE FORM OF A TAX INCREMENT PLEDGE
AGREEMENT WITH HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF RICHFIELD RELATING TO $1,700,000 GENERAL OBLIGATION TAXABLE TAX
INCREMENT BONDS, SERIES 1999A
Motion carried 5-0. This resolution appears as Resolution No. 8773 in Resolution
Book No. 70.
Council Member Susag requested staff response regarding a tax increment
financing question.
City Attorney Dean stated he would prepare a written explanation for the Council.
Item #10CONSIDERATION OF LAND LEASE AGREEMENT BETWEEN
METROPOLITAN AIRPORTS COMMISSION AND RICHFIELD FOR CITY'S
USE OF MAC PROPERTY AS REPLACEMENT COMMUNITY GARDEN
SITE C.L. 231
Acting City Manager Devich reviewed C.L. No. 231 regarding the proposed land
lease agreement with the Metropolitan Airports Commission for the use of MAC land at
59th Street and 24th Avenue for the Richfield Community Gardens.
Recreation Services Director Topitzhofer reviewed and answered questions
regarding the site layout and stated water would be purchased from the City of
Minneapolis.
M/Stokes, S/Sandahl to approve the land lease between the Metropolitan Airports
Commission and the City of Richfield for the City's use of MAC property at 59th Street and
24th Avenue as a replacement site for the Richfield Community Gardens.
Motion carried 5-0.
Item #11AIRPORT STATUS REPORT
Acting City Manager Devich discussed the following airport related issues:
x
STARR Group Meeting
-attendance at their last meeting was 70-80
-their booth at Cattail Days was very busy
Council Meeting Minutes-8-September 27, 1999
-postcards are being sent to Congressman Sabo and Oberstar stating Richfield
residents concerns regarding the airport
-next meeting is scheduled for October 7 at 7:00 p.m. at Mount Calvary School -
Metropolitan Council Representative Phil Riveness will be present
x
The City's legal counsel continues to review and prepare a response to the FAA
letter ruling on revenue diversion.
x
Legal counsel is reviewing the implications of the runway clear zone waiver
required by HUD for financing of a home mortgage in the mitigation area.
x
Legislation will be needed for it to be possible for the City to acquire or lease the
Fort Snelling Golf Course.
Item #12LEGISLATIVE REPORT
None.
Item #13COUNCIL DISCUSSION ITEMS
Council Member Sandahl stated that unless the Council objects she will have a
color official photograph taken instead of black and white because the cost is less.
Council Member Susag gave a report on the results of the 6th Annual Fowl Ball Golf
Klassic.
Mayor Kirsch announced that the October 7, 1999, 7:00 p.m. Interfaith Action Group
Coalition sponsored meeting to discuss affordable housing in Richfield will also be noticed
as a Special City Council Meeting to allow a quorum of the Council to attend the meeting
which will be held at Assumption Catholic Church.
Item #14CLAIMS AND PAYROLL
M/Susag, S/Sandahl that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
INTChecks:88989 - 89014$203,381.49
H/C90196 - 90556$1,250,071.19
PAYROLL15495 - 15718$456,274.05
TOTAL$ 1,909,726.73
Council Meeting Minutes-9-September 27, 1999
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:20 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberSteven L. Devich
City ClerkActing City Manager