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05-12-1986P`' - CITY OF RICHFIELD, MINNESOTA REGULAR COUNCIL MEETING MAY 12, 1986 MEMBERS PRESENT: Ivan Ludeman, Mayor Pro Tem; Mike Sandahl; Martin Kirsch; and Edwina Garcia. STAFF PRESENT: Steven Devich, Acting City Manager; Tom Ferber, City Clerk; Clayton LeFevere, City Attorney; Don Fondrick, Community Services Director; Dennis Kraft, Community Development Director; and Ron Richardson, Police Captain. Th_e meeting was .called.to order by Mayor Pro Tem~Ludeman-at 7:00 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Ludeman led the audience in the Pledge of Allegiance. APPROVAL_.:QF MINUTES - -_: . M/Sandahl, S/Garcia_to a council study session of Apri meeting of Aoril 28. 1986. ye the minutes of the special Item #1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO MEMBERS OF THE ENERGY AWARENESS COMMISSION FOR THEIR ENERGY CONSERVATION EFFORTS IN THE CITY OF RICHFIELD. C.L. 180. Mayor Pro Tem Ludeman read and presented Certificates of Appreciation to the members of the Richfield Energy Awareness Commission for their energy conservation efforts in the city. Motion carried~4-0. Council- Minutes -2- May 12, 1986 Item ~2 PROCLAMATION DESIGNATING MAY 18-24, 1986, CABLE TV PUBLIC ACCESS MEEK. C.L. 197. Mayor Pro Tem Ludeman read a proclamation designating May 18-24, 1986 as Cable TV Access Week in Richfield. Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ANY ITEM NOT LISTED ON THE COUNCIL AGENDA. Don Preibe, 7225 Bloomington Avenue, stated his concern regarding the comments of council members quoted in the newspaper as supporting the extension of Runway 4-22 at the airport. Mr. Preibe said that the extension of Runway 4-22 would increase aircraft traffic and noise over Richfield. He urged the city council to take an active leadership role in opposing the runway extension to protect the citizens of Richfield from the impact of increased noise. Mayor Pro Tem Ludeman stated that the city council is aware . of the--a-ircraft- noisy-:problem and that the--council will take _ _ action regarding-.the issue :once all the available information has _ - been reviewed. He stated that the Metropolitan Airports. Commission will be asked to give a presentation for Richfield residents regarding the.Runway.4-22 issue and noise problems. Council Member Sandahl stated that he has withdrawn his support for the extension of Runway 4-22 .because the impact of this action needs further study. Council Member Garcia stated that the residents of Richfield are requesting the council to take an active role in opposing the extension of Runway 4-22. Shirley Johnson, 7609 12th Avenue, urged the council to oppose the runway extension. Gene Krieder, 7221 16th Avenue, questioned whether the recent city council meeting with MAC representatives was a public meeting. ... Mayor Pro Tem Ludeman responded -that it was an open public meeting and that notice of the meeting had been published. [' - Council Minutes -3- May 12, 1986 Barbara Kidman, 7010 15th Avenue, stated that more planes were routed over Richfield since the Minneapolis SMAC group had been active in lobbying against airplane noise. She stated that the 7:30 a.m. meeting of the council with MAC representatives was not convenient for citizens to attend and that the council should put this issue on a future agenda to hear input from the citizens involved. Don Witz, 7424 18th Avenue, stated that both Richfield representatives on the Metropolitan Aircraft Sound Abatement_ Council, Don Preibe and Edwina Garcia, are opposed to the extension of Runway 4-22 and that city council should listen to- - - their- .opinions. - _ - _ - ~ - _ - ~ - _ _ _ - - Gerald Millette, 6406 16th Avenue, stated that aircraft ._ ____. _ -- should. be required to muffle their .engines a-tid that the- potential .. ~- for an airplane crash is a threat to Richfield. Keven Kilian, 7503 18th Avenue, stated that aircraft noise awakens his children at night and that low flying aircraft are a potential cause of automobile accidents on Highway 77. Leonard Welch, 7444 15th Avenue, stated his oppflsition to extension of the runway. Wayne Klein, 6401 Standish Avenue, stated that the city council should consider the opinion of the voters before t-hey make a decision. Mark Korto, 7538 18th Avenue, stated that the residents must - - - organize like-south Mihneapolis residents and they also need the - support of-elected officials in fighting aircraft noise. Mayor Pro Tem Ludeman stated that the city council would consider this issue at a future meeting. Item #4 COUNCIL APPROVAL OF AGENDA M/Sandahl, 5/Garcia to approve the agenda. Motion carried 4-0. Council Minutes -4- May 12, 1986 Item #5 CONSENT CALENDAR A. APPROVAL OF PURCHASE IN EXCESS OF $5,000-ASPHALT FOR STREET PATCHING. C.L. 181. B. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION -TO ADVERTISE FOR BIDS FOR SLUDGE DRYER BUILDING. G.L. 182. C. APPROVAL OF AMENDMENT TO OFF-STREET PARKING PERMIT FOR - - - - CROWN A~1T0_, _-6245 .LYNQALE- A-VENUE,: TO PROVIDE F_OR :TWO ADDITIONAL PARKING SPACES. C.L. 183. D. APPROVAL OF THE RESCHEDULING OF MAY 26, 1986 CITY -=--- ~-_ ~- =- -- -- GOUNCIL MEETING (MEMORIAL. DAY) ~TO -MAY 27, 198-6. -- . .. - C.L. 184. - ~ - E. APPROVAL OF SETTING DATE FOR WINE LICENSE HEARING FOR _ FROGI'S FAMILY RESTAURANT, 6344 PENN AVENUE FOR MAY . 27, 1986. C.L. 185. F. APPROVAL OF PERMIT APPLICATION FOR FOUR ILLUMINATED SIGNS AT TERRY FELDMAN'S IMPORTS. C.L. 186. G. APPROVAL OF PERMIT APPLICATION FOR TWO ILLUMINATED SIGNS AT WALGREEN'S, HUB SHOPPING CENTER. C.L. 187. H. APPROVAL OF PERMIT FOR ILLUMINATED SIGNS AT ONE STOP MAIL SHOPPE, 2208 WEST 66TH STREET. C.L. 188. I. APPROVAL OF ESTIMATE N0. 4 AND FINAL, LEGION LAKE MUCK EVACUATION, AND PATH CONSTRUCTION, CP 8020, VEIT & CO. - - - $62,650.90. . _ J. APPROVAL OF ESTIMATE N0. 3,__NORBY AND WILSON POND STORM - -- SEWER DRAINAGE - --ARGON CONSTRl1GTI0N - $123, 232.67. _=~ - M/Kirsch, S/Garcia to a~prove__the.consent calendar..- ..... Motion carried 4-0. Item #6 RESOLUTION APPROVING A REFINANCING PLAN, .SALE AND TRANSFER OF ROGERS~CABLESYSTEMS FRANCHISE, AND EXTENDING THE FRANCHISE PERIOD. C.L. 190. Acting City Manager Devich reviewed Council Letter No. 190 recommending that the council pass a resolution giving -- prel3minar-y. approval to the Rogers Cablesystems_refinancing plan, . sale and_transfer of the franchise, and extension of the franchise period. Council_Minutes -5- May 12, 1986 City Attorney LeFevere stated that the last word in the the of the resolution should be "FRANCHISEE" rather than FRANCHISE. 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 N0. 7164 A RESOLUTION GIVING PRELIMINARY APPROVAL TO A CHANGE~OF OWNERSHIP AND OF A REFINANCING PLAN OF THE CITY'S CABLE TELEVISION FRANCHISEE. Motion carried 4-0. This resolution appears as Resolution No. 7164. in .Resolution .Book No .. 54. - Item #7 RESOLUTION RELATING TO $900,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (CORPORATE TRAVEL BUILDING PROJECT) REQUESTING THE TRUSTEE TO ENTER INTO A SUPPLEMENTAL INDENTURE OF TRUST. C.L. 191. Acting City Manager Devich reviewed Council Letter No. 191 recommending that the-cit,y council adopt-a-resolu.t ion providing for the substitution of the. Letter of Credit.by Marquette Bank of - - M-inneapoli:s, N.A., instead of First National Bank of St. .Paul for - the Corporate Travel Commercial Development Revenue Bonds. ado M/Sandahl, S/Kirsch that the followin RESOLUTION N0. 7165 RESOLUTION RELATING TO $900,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (CORPORATE TRAVEL BUILDING PROJECT); REQUESTING THE TRUSTEE TO ENTER INTO A SUPPLEMENTAL INDENTURE OF TRUST be Motion carried 4-0. This resolution appears as Resolution No. 7165 in Resolution Book No. 54. Council-Minutes -6- May 12, 1986 Item #8 REQUEST BY RICHFIELD VFW POST 5555 TO CONDUCT OFF- PREMISE GAMBLING AT FRENCHMAN'S TAVERN, 1400 EAST 66TH STREET. C.L. 192. Acting City Manager Devich reviewed Council Letter No. 192 regarding a request by Richfield VFW Post 5555 to conduct off- premise gambling at Frenchman's Tavern, 1400 East 66th Street. Robert Fritzke, 7400 Pillsbury Avenue, representing the VFW, reviewed the history of the Richfield VFW Post and its involvement in the community. .He stated that of.f-site gambling _ could provide increased revenues to expand community related activities and that the VFW would provide the necessary control of the gambling activities as it has for the current on-site gambling. Captain Ron Richardson, Richfield Public Safety Department, stated that approval of off-site gambling was a policy issue requiring review of state laws and city ordinances to determine what ability the city would have to control and monitor the activity if it were allowed. Captain Richardson recommended that the city council either deny all off-premise gambling requests as a policy or deny this request and allow further study for development of. a. policy .regarding off-premiere gambling. . Council Member Sandahl stated his concern abou-t off-premise gambling and public safety issues it creates. He stated further study of this type of activity is necessary. City Attorney LeFevere stated that the city council has a 30 day period to take specific action to oppose the licensure; but could do so without~pre~udice to any re-application by the VFW once further study has been completed. Council Member Garcia stated that the council must consider the affects on the surrounding neighborhood that off-site gambling may create. Mayor Pro Tem Ludeman stated he had reservations about allowing off-site gambling and the proliferation of this activity in Richfield it if is allowed. Council Member Kirsch stated that approval o.f this request may set a precedent regarding other requests and that further study is necessary. Council Minutes M/Sandahl, S/Kirsch that disapproving of granting a C1. No. 5555 at this time will be applications of the VFW. M/Sandahl, S/Kirsch that - adopted; that it be spread in made part of_-these minutes: -7- oassage of a- ~ss B gambling done without the followin the resoluti May- 12, 1986 resolution ~ license to-VFW Post preiudice to future q resolution be on book and that it be - RESOLUTION N0. 7166 _ _ _ RESOLUTION DISAPPROVING GRANTING OF CLASS B - GAMBLING LICENSE-TO.VFW POST-55.55 BY CHARITABLE GAMBLING CONTROL BOARD FOR PURPOSE OF SETTING _ _ ___ - _ _~_ __ __ LAWFUL GAMBLING OPERATION IN THE -FRENCHMAN' S INC. , -- 1400 EASE 66TH STREET,-RICHFIEL-D,--MINNESOTA.- - Motion carried 4-0. This resolution appears as Resolution - No. 7166 in Resolution Book No. 54. Item #9 RESOLUTION ESTABLISHING CURRENT INTEREST RATE ON LONG- TERM ADVANCE FROM THE SEWER UTILITY FUND TO GOLF COURSE FUND FOR THE-YEAR 1986. C.L. 193. • - - _- ---Acting City Manager--D~..vich reviewed. Council Letter No. 193 - recommending that the city council adopt -a resolution. - estancesfrom theaSewer UtilitytFu-ndetofthe GolfhCourse-Fund f.or adva the year 1986. Lawrence Wozniczka, 6744 Wentworth Avenue, stated his concern regarding setting the interest rate at seven percent. Acting City Manager Devich explained the internal fund transfers and the method by.which interest was charged. M/Sandahl, S/Kirsch that the following resolution_be ado ted• that it be s read in the resolution book and that it be made part of these minutes: RESOLUTION N0. 7167 RESOLUTION ESTABLISHING A CURRENT ANNUAL INTEREST "~"RATE ON LONG TERM SEVFUND FORMTHEWYEART1986Y FUNDS TO GOLF COUR Council Minutes -8- Ma.y 12, 1986 Motion carried 4-0. This resolution appears as Resolution No. 7167 in Resolution Book No. 54. Item X10 REQUEST FROM CHAMBER OF COMMERCE TO ERECT A TEMPORARY OVERSIZE TRAILER BILLBOARD FOR SMALL BUSINESS WEEK AT THREE LOCATIONS DURING THE MONTH OF MAY. C.L. 189. . ~ -- - - - - Acting-City_.-Man-ager De-vich reviewed Council -Letter No. 189 regarding a request from the Chamber of Commerce to erect a temporary oversize trailer billboard for Small Business Week at .- --_-- . - -- - three- locations- during -the _mor~th _of May.- _ = - - - .. Council Member Kirsch stated that the timing of this request makes it difficult for staff and the council to consider because - the application was for a period beginning prior to the council meeting. He said that an organization such as Naegele should be familiar with Richfield's ordinance requirements. Council Member Garcia stated that the council should be consistent in enforcing city ordinances and that she supported the denial of this request. M/Garcia, S/Kirsch to deny__a_request for. a permit from the ~_ - -chamber of Commerce to erect a temporary oversize trailer. billboard at .three locations during the month of Mav. - Motion carried 2-2. (Ludeman, Sandahl opposed.) City Attorney LeFevere-stated that the tie vote means that the request is denied. Item #11 ADMINISTRATIVE PROGRESS REPORT ON THE CITY'S SELF- INSURANCE ACCOUNT. C.L. 194. Acting City Manager Devich reviewed Council Letter No. 194 summarizing the following recommendations of Deloitte, Haskins & Sells which the Acting City Manager requested authorization to - ~ pursue for:.implementation: _ _ . _ __. 1. Implement a deductible of $10,000 for liability losses arising under the business (automobiles) liability policy. Council-.Minutes -9- May 12, 1986 2. Increase the collision deductibility for city automobiles to $10,000. 3. Exclude park shelters well houses, lift stations and dwellings from buildings and contents coverage under the special multi-peril policy and self-insure these loss exposures. - 4. Increase the deductible for losses to machines and equipment under inland rain coverage from $5,000 to $10,000 per occurrence. 5. Completely cancel the city's liquor store business interruption insurance. coverage (loss of income).- -. - 6. Cancel the city's coverage for theft and destruction of money and-securities. _ _ 7. Negotiate with the League of Minnesota Cities Insurance Trust to increase the city's per-location ($10,000} and per- occurrence {$100,000) deductible for buildings and contents coverage. 8. Negotiate with the respective carriers for per claim deductibles for comprehensive general liability, public officials liability, and liquor liability coverages. Acting City Manager Devich stated that once the procedures have been initiated, the proper funding level for the tort liabil~t~.account can~_.be finalized and a final report to the council will be made. - M/Sandahl, S/Kirsch to authorize-the Acting.City Manager to _ pursue the deductibles and self-insurance procedures as outlines in Council Letter No. 194. Motion carried 4-0. Item #12 SETTING CONCURRENT HRA/CITY COUNCIL MEETING FOR MONDAY, MAY 19 TO CONSIDER DEVELOPMENT PROPOSALS (COMMERCIAL OR HOUSING FOR THE ELDERLY) AT THE LYNDALE AVENUE/ GRAHAM AVENUE SITE. C.L. 195. _ Acting City Manager Devich reviewed Council Letter No ... 19.5 regarding setting the date for a concurrent HRA/City Council meeting for Monday, May 19 at 7:30 p.m. to consider development proposals for the Graham Avenue development site. Council---Minutes -10- May 12, 1986 Mayor Pro Tem Ludeman asked what the extent of the mailed notice had been for the May 7 neighborhood meeting regarding the two proposals. Acting City manager Devich indicated that 1100 notices had been mailed to an area including all of the L/H/N and 350 feet outside of the L/H/N boundaries announcing the May 7 and May 19 - meetings regarding the development proposals. Council Member Sandahl stated this was a reasonable area for notice. - Council Member Kirsch-suggested that the.May.19 meeting be publicized on Cable TV and on the front page of the Sun Newpaper. M/Sandahl, S/Garcia to set Monday May 19,--1986 at 7:.30 p.m. _ as the -time of a special-city counci-1 meeting to be held concurrently with the HRA to consider two development proposals for the Lyndale Avenue and Graham'Ayenue site in the L/H/N. Motion carried 4-0. Item #13 COUNCIL DISCUSSION OF INTERIM TRAFFIC CIRCULATION SOLUTION FOR THE HAMPTON INN PROJECT AT 78TH STREET AND LYNDALE AVENUE. C.L. 196. - Community Development Director Kraft reviewed Council Letter - No. 196~regarding -two alternative interim traffic circulation solutions for the Hampton Inn project at 78th Street and Lyndale Avenue. Mr. Kraft indicated that city staff and the city's consultant, BRW, will be evaluating these two alternatives and will present a report and recommendation to the city council for consideration at the May 27 meeting. - Mayor Pro Tem Ludeman stated he preferred Alternative B and also suggested that Garfield Avenue also have some type of barrier at 77th Street. Council Member Sandahl stated that the residents of the area should be notified that consideration of the interim traffic circulation solution-will be on the May 27 agenda. Council Minutes -11- May 12, 1986 Item X14 COUNCIL DISCUSSION ITEMS Council Member Sandahl stated concern regarding the confusing traffic pattern~in the parking lot of the new McDonald's Restaurant at 66th Street and Lyndale Avenue. Community Development Director Kraft stated that he would contact McDonald's regarding adding directional signs to better define_ -the- tr.affi-c p-attern. - - - _ _ - - _ - _ - Item #15 CLAIMS AND PAYROLLS M/Sandahl, S/Garcia that the following claims and payrolls be approved: RICHFIELD BANK AND TRUST Checks 7109/7172, 82716/82946 General $ 927,592.67 - - - FIRST WESTERN - - --Checks-- 2976/2990 --- _ - - General -: $ - 476, 908-.31 Checks 9912/10288 Payroll $ 264,916.15 FIRST MINNESOTA Check 1035 $ 10,000.00 Motion carried 4-0. ADJOURNMENT M/Sandahl, S/Garcia that the meeting adjourn. Motion carried 4-0. - The meeting was adjourned at 8:55 p.m. Council Minutes Date Approved: 5-27-86 ~nomas r. Ferrier City Clerk -12- Ivan Ma.y 12, 1986 M~avor Pro Tem 1 . Acting City Manager