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Council Member Sandahl stated that he has withdrawn his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