09-22-1986` CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETIDIG
September 22, 1986
`~IE:~IBERS PRESENT: John Hamilton, Maz°or; Ivan Ludeman; Michael
Sandahl; Martin Kirsch; and Edwina Garcia.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clei:k; John Dean, Acting City
Attorney; Bruce Palmborg, Acting CommunitS*
Development Director; Thomas Morgan, Public
Safety Director; Bill Fillmore, Liquor
Operations Director; and Howard Rocaland,
Personnel Manager.
The meeting caas called to order by ~Ia;ror Hamilton at 7:03 p. m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
ylayor Hamilton led the gudience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Member Ludeman stated that the vote on the motion
of Item 415 of the September 8, 1986 Regular Meeting should be 4-
1, with his voted recorded as nay.
`!/Ludeman, S/Sandahl to approve the minutes of the regular
city council meeting of September 8, 1986 as amended; the Special
Joint Study Session meeting of September 8, 1986; the Budget
Hearin meeting of September 10, 1986;_ and_the Budget Hearin
meeting of September 15, 1986.
Motion carried 5-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER
22-26, 1986 AS UNITED ~dAY CAMPAIGN WEER FOR RICHFIELD
CITY EMPLOYEES. C.L. 359.
Mayor Hamilton presented a proclamation designating
September 22-26, 1986 as "United Way Campaign Week" to citS-
employees Bill Fillmore, Liquor Operations Director, and Howard
Rowland, Personnel Manager, Chairpersons of the 1986 United Way
Campaign for city employees.
Council `Ieeting ~Iinut~es
Item ~2
-2-
September 22,
1986
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Sandahl to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. APPROVAL OF REQUEST FOR PERMITS TO INSTALL ILLUMINATED
SIGNS AT LANIETTRY'S BODY SHOP, 500 WEST 78TH ST.:
FLORAL CONSULTANTS, 2321 W. 66TH ST.: SUPERAMERIG~1
STATIONS, 7500 LYNDALE AND 826 WEST 66TH ST., AND
PHILLIPS 66 STATION, 7724 12TH AVENUE. C.L. 360.
B. ?,PPROVAL OF EXECUTION OF AGREEMENT BETWEEN THE CITY OF
RICHFIELD AND THE GREATER MINNEAPOLIS DAY CARE
ASSOCIATION FOR THE EXECUTION OF YEAR XII COMMUNITY
DEVELOPMEhTT BLOCK GRANT FUNDS. C.L. 361.
C. APPROVAL OF REQUEST FOR AN AMENDMENT TO THE OFF-STREET
PARIiI:~'G PERMIT FOR r1ARKET PL~,ZA TO ELIMINATE TWO
PARKING STALLS FOR APARTMENT TENANT PARKING. C.L. 362.
D. DENIAL OF REQUEST BY LAKE SHORE DRLVE CONDO ASSOCIATION
FOR FEE WAIVED ITINERANT FOOD LICENSE. C.L. 363.
E. APPRO~:~L OF FINAL PAYMENT TO BRADLEY lr. DAVID
FREDRICKSON FOR REMOVAL AND DISPOSAL OF LIME SLUDGE AT
WATER PLANT - $26,432.80.
M/Ludeman, S/Sandahl to at~prove the consent calendar.
ylotion carried 5-0.
i
i +~
ounce ee zng Minutes -3-
September 22, 1986
Item ~5 APPEAL OF HEARING EXAMINER'S DENIAL OF SIDEYARD
SETBACK VARIANGE REQUEST TO PERMIT THE CONSTRUCTION OF
A FIREPLACE WITH A CHIMNEY CHASE TO EXTEND TWO FEET
INTO THE REQUIRED I'IVE FOOT INTERIOR SIDEYARD SETBACK
AND VARIANCE REQUEST TO THE I]AXIMUM LOT COVERAGE AT
7011 JAMES AVENUE. C.L. 364.
City Manager Prosser revie~.*ed Council Letter No. 364
regarding an appeal by Mr. & Mrs. Thomas Ticen, 7011 James
avenue, of the hearing examiner's denial of sideyard setback
variance request to permit the construction of a fireplace with a
chimneST chase to extend two feet into the required five foot
interior sideyard setback and a request to 'rant a variance to
allow the lot coverage to exceed the allowed maximum lot coverage
for residential use at the same location.
Thomas Ticen, 7011 James Avenue, spoke in support of
Granting both variances.
~1/Sandahl, S/Ludeman to close the public hearing'.
Motion carried ~-0.
:~I/Kirsch, S/Ludeman to overturn the hearing examiner's
decision to deny the sideyard setback variance and to ararit a
variance to allow the construction of a fireplace ~.•ith a chimney
chase extending two feet into the required five foot interior
sideyard setback on the north side of 7011 James Avenue; and to
grant a variance to allow the lot coverage to e~~ceed the allowed
maximum lot coverage for residential use at 7011 James Avenue.
Motion carried 4-1. (Garcia opposed)
Item ~6 PUBLIC HEARING TO ADOPT A RESOLUTION REGARDING THE
PROPOSED INCREASE TO FOOD, TOBACCO, AND CERTAIN DRINK
VENDING MACHINE FEES FOR 1987. C.L. 365.
City Manager Prosser reviecaed Council Letter No. 365
re~arding a public hearing to consider the proposed increase to
food, tobacco, and certain drink vending machine fees for 1987.
M/Sandahl, S/Kirsch to close the public hearin .
Motion carried 5-0.
Council Meeting Minutes -4- September 22, 1986
MlLudeman, S/Sandahl to set the license fee at X20.00 for
1987 for the following license categories:
1. 6.01 Food and Ice Vending "lachines
2. 6.11 Tobacco Vending Machines
3. 6.13 Soft Drink Vending Machines (e~cludin~ bottled
and canned soft drink vending machines)
Motion carried 5-0.
Item #7 PUBLIC HEARING TO AN ORDINANCE AMENDMENT RELATING TO
GAMBLING ACTIVITIES AND PROHIBITING OFF-PREMISE
GAMBLING. C.L. 366.
City :Manager Prosser reviewed Council Letter No. 366
regarding an ordinance amendment which brings city control of
community gambling activities into conformance with changes in
state statutes and prohibits off-premise gambling in the
community. CitjT Manager Prosser also recommended that the
council approve a resolution to set a fee structure related to
gambling activities as permitted bzT state lain.
M/Sandahl, S/Ludeman to close the public hearing.
`potion carried • 5-0 .
"I/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1986-17, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
M/Kirsch, S/Ludeman 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. 7227
RESOLUTION AMENDING CERTAIN PROVISIONS OF
RESOLUTION 7092 ENTITLED "RESOLUTION ESTABLISHING
1986 LICENSE, PERMIT AND MISCELLANEOUS FEES
PURSUANT TO THE PROVISIONS OF APPENDIY OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD
RESCINDIIvTG RESOLLTTIO?v' NO. 6957"
Motion carried 5-0. This resolution appears as Resolution
No. 7227 in Resolution Book No. 55.
Council `leeting TMiinutes -5- September 22, 1986
Item ~9 ORDINANCE AMENDMENT RELATING TO THE PERSONNEL ORDINANCE
BRINGING IT INTO COMPLIANCE ~dITH THE FAIR LABOR
STANDARDS ACT. FIRST READING. C.L. 368.
City Manager Prosser reviewed Council Letter No. 368
regarding an ordinance amendment to the City's Personnel
Ordinance to bring the ordinance into compliance with the Fair
Labor Standards Act. The City Manager indicated that the
ordinance amendment c,Tas formal action cahich confirms the City's
current personnel policies and practices which conform to the
:~c t .
M/Sandahl, S/Ludeman that this constitute the First Readin
of this ordinance and that the Public Hearing and Second Reading
of the ordinance be scheduled for the October 13, 1986 city
council meeting.
Motion cax•ried 5-0.
Item #10 ORDINANCB AMENDMENT RELATING TO THE MINIMUM AGE FOR THE
PURCHASE AND CONSUMPTION OF ALCOHOLIC BEVERAGES.
FIRST READING. C.L. 369.
City Manager Prosser reviewed Council Letter No. 369
regarding an ordinance amendment establishin; the minimum age for
the purchase and consumption of alcoholic beverages to conform
with state law.
M/Sandahl, S/Ludeman 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 13, 1986 city
council meeting.
^~Iotion carried 5-0.
Item #11 RESOLUTION CLARIFYING THE CITY FUND TO BE USED FOR
SELF-INSURANCE RECLASSIFYING THE SELF-INSURANCE FUND
FROM A TRUST AND AGENCY FUND. TO AAJ INTERNAL SERVICE
FUND. C.L. 370.
City Manager Prosser reviewed Council Letter No. 370
regarding changing the classification of the Self-Insurance Fund
from a Trust and Ageney Fund to an Internal Service Fund.
Council Meeting Minutes
-6- September 22, 1986
Council Member Ludeman asked why the change was necessary
and if the funds would remain safeauwrded from encroachment by
other funds.
Citi• Manager Prosser reviewed the City- Charter provisions
regarding Trust and Agency Funds and Internal Service Funds.. He
stated the change would be in keeping with accepted accounting
practices, and would reflect the Cit~r's accounting practice with
respect to self insurance funds.
M/Sandahl, S/Ludeman that th_e following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTIO'~T \O. 7228
RESOLUTION CLARIFYI'~:G CITI FUND TO BE
USED FOR SELF-I:tiSURANCE
Motion carried ~-0. This resolution appears as Resolution
:~To. 7228 in Resolution Book No. 55.
Item X12 RESOLUTION APPOINTING MR. V. A. DUVLEA TO THE ILN
RESIDENTIAL ADVISORY COMMITTEE. C.L. 371.
City Manager Prosser reviewed Council Letter ho. 371
regarding council consideration of the appointment of Mr. V. A.
Duvlea to the ILN Residential Advisory Committee as a replacement
for Mr. Earl R'orcaood.
`1/Ludeman, S/Garcia 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. 7229
APPOINTMENT TO VACANCY
ILN RESIDENTIAL ADVISORY COMMITTEE
1
'.Motion carried 5-0. This resolution appears as Resolution
No. 7229 in Resolution Book No. ~~.
Council :Meeting Minutes -7- September 22, 19$6
Item #13 REVISED .TOINT POWERS AGREEMENT BETWEEN THE CITIES OF
EDEN PRAIRIE, EDINA, BLOOMINGTON AND RICHFIELD AND THE
SOUTH HENNEPIN HUMAN SERVICES COUNCIL. C.L. 372.
CitS° Manager Prosser reviewed Council Letter 372 regarding
consideration of the revised Joint Powers Agreement betcaeen the
cities of Eden Prairie, Edina, Richfield, and Bloomington and the
South Hennepin Human Services Council (SHHSC).
Sgt. John '~ielson, Board Chairperson of SHHSC, stated that
the Board acknowledges and accepts the revised agreement as
presented.
Lia Ozols, 2012 iv. 68th Street, asked for a clarification of
the revisions.
City 'Manager Prosser outlined the affect of the revisions to
the Joint Powers Agreement.
~1/Sandahl, S/Ludeman to authorize the Mayor and City l~lanager
to execute the revised Joint Poitiers Agreement between the cities
of Eden Prairie, Edina, Bloomington, and Richfield and the South
Hennepin Human Services Council.
Motion carried 5-0.
Item ~#14 COUNCIL DISCUSSION ITEMS
14A. Status and Information
Council !Member Sandahl complimented Cit;~ Manager Prosser for
the distribution of the Status and Information Report.
14B. Aging .and Housing
Mayor Hamilton stated that he had discussed with City
Manager Prosser having local real estate people give a seminar
for the council regarding the aging and housing opportunities.
14C. Drug Education
Mayor Hamilton stated that he had discussed with City
`Manager Prosser having a meeting with Richfield's education
leaders to aggressively work together with the city council to
develop a program to fight drug abuse.
Council Meeting Minutes -8- September 22 1986
14D. Vacancy- on the South Hennepin Human Services Commission
Council Member Garcia noted that a vacancy exists on the
SHHSC for which the council will need to make an appointment.
Item #15 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
be approved'
RICHFIELD STATE BANK
Checks 7613/7675, 85202!85508 $615,150.85
FIRST MI:3NESOTA
Check 1046 $ 15,000.00
FIRST TdESTERV BAVk
Checks 3216/3239 $468,017.75
Checks 14643/15026 Payroll $272,952.83
Motion carried 5-0.
ADJOURNMENT
M/Kirsch, S/Garcia that the meeting adiourn.
Motion carried 5-0.
The meeting was adjourned at 7:38 p.m
Date Approved: 10/13/86
Thomas P. Ferber
City Clerk
n
Mayor
ame Prosser
it Manager