12-14-1987
CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
December 14, 1987
MEMBERS PRESENT: John Hamilton, Mayor; Ivan Ludeman; and
Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick;
Community Services Director; Byron Wallace,
Community Development Director; John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; and John Dean,
Assistant City Attorney.
The meeting was called to order by Mayor Hamilton at 7:02 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Hamilton led the audience in the Pledge of Allegiance.
L
APPROVAL OF MINUTES
M/Kirsch, S/Ludeman to approve the minutes of the regular
city council meeting on November 23, 1987.
Motion carried 3-0.
Item #1 PRESENTATION OF MAYOR'S YOUTH LEADERSHIP AWARDS TO
STUDENTS OF RICHFIELD HIGH SCHOOL AND ACADEMY OF HOLY
ANGELS. C.L. 362
Mayor Hamilton presented the Mayor's Youth Leadership Awards
to Richfield High School students Peter Skwira, Gregory Larson,
C1sud'ine LaValle and Lisa Pugh and to the parents of Academy of
Holy Angels student Michonne Bertrand. The awards were in
recognition of the students meeting the challenges of society
through service, leadership, and personal achievement.
Council Meeting Minutes 2 December 14, 1987
Ite® #2 DONATION BY American LEGION POST 435 OF FUNDS FOR
PURCHASE OF FLAG POLES FOR VETERANS MEMORIAL PARK.
C.L. 363
Mayor Hamilton stated that this item would be deleted from
the agenda and presented at a future council meeting.
Item #3 PRESENTATION/DISCUSSION OF CONSULTANT FOR 77TH STREET
TRAFFIC IMPROVEMENTS. C.L. 364
City Manager Prosser reviewed Council Letter No. 364
regarding the proposal from Bennett, Ringrose, Wolsfeld, Jarvis,
Gardner, Inc. (BRW) to conduct an access and improvement needs
study between Xerxes Avenue and Cedar Avenue adjacent to 1494.
He stated the cost of the work is estimated to be $40,000.
Dick Wolsfeld, BRW, stated that BR:W would prepare
alternative-transportation plans for the 77th Street corridor and
work with the Ad Hoc Traffic Committee to make recommendations to
the city council. He stated he is aware of the importance of
this issue to the community from his firm's work with the I-
494/Highway 77 project.
City Manager Prosser stated the importance of developing a
plan to relieve the uncertainty for Richfield homeowners and
businesses who will be affected by the changes necessitated by
the I494 improvements. He stated that the transportation
analysis would take approximately four months.
Council Member Ludeman noted that $15,000 had been budgeted
for traffic studies and. the estimated cost of this study exceeded
the budget.
City Manager Prosser stated that the $40,000 cost was an
estimate but that some reallocation within the budget would have
to be made if the cost exceeds $15,000.
M/Ludeman, S/Kirsch to a rove the ro osal from Bennett
Rin rose Wolsfeld Jarvis Gardner Inc. BRW for an amount not
to exceed 40 000 to conduct an access and im rovement needs
stud for alternative ronta a or arter a roa s between Xerxes
Avenue and Cedar Avenue a .acen to I494.
Motion carried 3-0.
Council Meeting Minutes 3 December 14, 1987
Item #~ OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON
ITEMS NOT LISTED ON THE AGENDA.
Mayor Hamilton acknowledged the death of Dale Rusk, who had
been a member of the Social Services Agency Funding Committee and
Human Services Commission serving seniors and disabled.
Item #5 COUNCIL APPROVAL OF AGENDA
Mayor Hamilton stated that Item X16, Consideration of a
Resolution Specifying Certain Improper Conduct of On-Sale
Intoxicating Liquor Licensees and Stating Recommended Discipline
would be considered prior to Item #7.
M/Ludeman, S/Kirsch to approve the agenda.
Motion carried 3-0.
Item #6 CONSENT CALENDAR
A. APPROVED PURCHASE OF FIVE FULL SIZE POLICE SEDANS IN
EXCESS OF $5,000. C.L. 365.
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR WATER
TREATMENT CHEMICALS. C.L. 366.
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR TELEPHONE
CALL SEQUENCER. C.L. 367
D. APPROVED DISPOSAL OF UNIT 8603 DAMAGED IN ACCIDENT.
C.L. 368.
E. APPROVED RESOLUTION APPROVING 1988 FUNDS FOR SOCIAL
SERVICE AGENCIES. C.L. 369.
RESOLUTION N0. 7379
RESOLUTION AUTHORIZING A REVISION OF 1988
BUDGET FOR OTHER AGENCIES DIVISION
F. APPROVED BID TO DEMOLISH CEDAR LIQUOR STORE. C.L. 370
G. APPROVED EXECUTION OF YEAR XIII CDBG FUNDS FOR H.O.M.E.
PROGRAM. C.L. 371
Council Meeting Minutes 4 December 14, 1987
H. AUTHORIZED ADVERTISEMENT FOR BIDS FOR A COPY MACHINE.
C.L. 372.
I. APPROVED PURCHASE IN EXCESS OF $5,000 FOR COMPUTER
EQUIPMENT. C.L. 373.
J. APPROVED ESTIMATE N0. 1, ACADEMY OF HOLY ANGELS CP 799
FIRE SUPPRESSION PROTECTION $36,683.00
K. APPROVED ESTIMATE N0. 1, LINO LAKES NURSERY CP 8372
ILN-PIEL IMPROVEMENTS $85,907.55
M/Ludeman, S/Kirsch to approve the consent calendar.
Motion carried 3-0.
Item #16 was considered at this time so that council action
would occur piror to consideration of liquor license renewal.
applications.
Item #16 CONSIDERATION OF A RESOLUTION SPECIFYING CERTAIN
IMPROPER CONDUCT OF ON-SALE INTOXICATING LIQUOR
LICENSEES AND STATING RECOMMENDED DISCIPLINE THEREFOR
C.L. 383.
Public Safety Director Erskine reviewed Council Letter No.
383 regarding a resolution setting certain standards for holders
of liquor licenses, and providing for certain sanctions against
licensee's who fail to enforce the standards.
Council Member Ludeman stated his support for these
standards and asked how the license holders would be informed
regarding the standards.
Public Safety Director Erskine stated that the resolution
would become a~stipulation of the renewal of a liquor license and
that the Public Safety Department would review the standards with
each licensee.
Council Member Kirsch stated support for the resolution and
complemented the Public Safety Department and city attorney on
the drafting of the standards.
~]
Council Meeting Minutes
5 December 14, 1987
M/Ludeman, S/Kirsch that the following resolution be
ado ted• that it be s read in the resolution book an d.tha
made par o these minutes:
RESOLUTION N0. 7380
RESOLUTION SPECIFYING CERTAIN IMPROPER
CONDUCT OF ON-SALE INTOXICATING LIQUOR
LICENSEES AND STATING RECOMMENDED
DISCIPLINE THEREFOR
Motion carried 3-0. This resolution appears as Resolution
No. 7380 in Reso ution Book No. 56.
Ite~ #7 REQUEST FOR CONDITIONAL USE PERMIT FOR A PUBLIC GARAGE
AT 1316 EAST 66TH STREET. C.L. 374
City Manager Prosser reviewed Council Letter No. 374
regarding the application of Matthew Schramm for a conditional
use permit to allow a public garage to operate in the existing
building at 1316 East 66th Street.
Gerald Millette, 6406 14th Avenue, spoke in opposition to
the proposed stipulations stating that requiring these types of
stipulations will drive small businesses out of Richfield.
Blair Larson, 6530 14th Avenue, spoke in support of the
stipulated fence, building repair and parking lot improvement as
proposed. ~e stated that most cities in the metropolitan area
require buffering between residential and commercial property.
Matthew Schramm, 10345 Portland Avenue, stated his agreement
to the proposed stipulations to tfie granting of the conditional
use permit.
Council Member Ludeman asked if the landscaping. on the east
side of the property could be maintained.
Mr. Schramm responded that the curbing would protect the
landscaping and that normal maintenance would be required.
Council Member Kirsch stated that the stipulation requiring
a cash escrow was a new concept to assure completion by
developers of stipulated conditions.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 3-0.
Council Meeting Minutes 6 December 14, 1987
M/Kirsch, S/Ludeman to a rove a conditional use ermit for
an auto repair shop at 13 East 66t S reet subiect to he
following stipulat ons:
1. Installation of a 6 foot wooden fence along the north side of
the property and approximately 35 feet of the west rear side
and repair the existing slope. Maintenance of the property
on both sides of the fence should be the responsibility of
the applicant. Overstory trees and shrubs should be provided
along the eastern and southern boundary of the property. A
detailed landscaping and screening plan be submitted for
staff approval.
2. The curb cut closest to 14th Avenue on 66th Street should be
closed.
3. No outside storage of inoperable vehicles will be permitted.
4. A cash escrow in the amount of $1,500 be provided to the city
prior to the issuance of an occupancy permit.
5. Perimeter curbing, acceptable to the city engineer, be
provided.
6. That all improvements to the structure meet city fire and
building codes.
7. That all the stipulations be met prior to the occupancy
permit.
8. That an offstreet parking permit be obtained from the city.
Motion carried 3-0.
Item #8 CONSIDERATION OF RENEMAL OF ON-SALE LIQUOR LICENSES FOR
AMERICAN LEGION POST 435. C.L. 375
Agent Hollick reviewed Council Letter No. 375 regarding the
renewal application of the Minneapolis/Richfield American Legion
Post #435 for 1988 Club On-Sale and Sunday liquor licenses.
Agent Hollick noted that the council may in the future consider a
clarification of the city ordinance relating to the terms that a
"substantial" part of the licensed premises be food sales as
compared to beverage sales. He stated that of the 40 criminal
contacts, 33 of those involved either burglar or holdup alarms
and that this information had been brought to the attention of
the American Legion.
Council Member Kirsch requested that previous years food and
beverage sales percentages be provided when considering renewals.
Oaniel Mulroy, Commander of American Legion Post X435,
stated a new alarm system will be installed which should reduce
the false alarm problem.
Council Meeting Minutes 7 December 14, 1987
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 3-0.
M/Ludeman, S/Kirsch to approve the
On-Sale and Sunday liquor licenses to t
American Le ion Post #433 located at 65
su .iec to he cond t ons o Resolut on
Motion carried 3-0.
granting of the 1988 Club
e Minneapolis/Richfield
1 Portland Avenue South
No. 7380.
Item #9 CONSIDERATION OF RENEMAL OF ON-SALE LIQUOR LICENSES FOR
CHI CHI'S RESTAURANT. C.L. 376
Agent Hollick reviewed Council Letter No. 376 regarding the
renewal application of Chi-Chi's Mexican Restaurant for 1988 On-
Sale liquor, Sunday liquor and Tavern licenses.
Mayor Hamilton noted that the criminal contacts for this
establishment had increased.
Agent Hollick reviewed the criminal contacts and stated that
some of the contacts result from the shared parking lot situation
with the Best Company and Chi-Chi's.
City Manager Prosser stated that is important that license
holders make reasonable and valid efforts to control situations
which may occur at liquor establishments.
Council member Ludeman asked if Chi-Chi's has someone partol
the parking lot.
Agent Hollick responded that Chi-Chi's employs security
personnel inside the establishment who assist in the parking lot
and during seasonal peaks additional help is employed for the
parking lot.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 3-0.
M/Ludeman, S/Kirsch to a rove the rantin of the 1988 On-
Sale Li uor Sunda Li uor and Tavern L censes o he Consu
Restaurant Cor oration d/b/a Chi-Ch 's Mexican Restaurant
located at 7717 Nicolle Avenue sub ect to a con t ons of
Resolution No. 7380.
Motion carried 3-0.
Council Meeting Minutes
8 December 14, 1987
Itew #10 CONSIDERATION OF RENEWAL OF ON-SALE LIQUOR LICENSES FOR
THE GROUND ROUND RESTAURANT. C.L. 377
Agent Hollick reviewed Council Letter No. 377 regarding the
renewal application of the Ground Round restaurant for 1988 On-
Sale liquor and Sunday liquor licenses.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 3-0.
M/Ludeman, SlKirsch to a rove the rantin of the 1988 On-
Sale li uor and Sunda li uor licenses to he Ground Roun
Restauran 1500 East 78th Street sub ect to the conditions of
Reso ut on No. 7380.
Motion carried 3-0.
Item #11 CONSIDERATION OF RENEWAL OF ON-SALE LIQUOR LICENSES FOR
FRED BABCOCK VFW POST. C.L. 378
Agent Hollick reviewed Council Letter No. 378 regarding the
renewal application of the Fred Babcock VFW Post X5555 for 1988
Club On-Sale liquor and Sunday Liquor licenses. Agent Hollick
noted that the applicant is currently accepting bids for liquor
liability insurance coverage for 1988 and that proof of Iiquo.r
liability insurance coverage will be supplied to the city prior
to December 31, 1987.
Assistant City Attorney Dean stated that the council should
condition the granting of the licenses on the applicant providing
the required proof of liquor liability insurance coverage.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 3-0.
M/Ludeman, S/Kirsch to a rove the rantin of the 1988 Club
On-Sale liquor and Sunday quor censes o t e Fred Ba cock VFW
Post #5555 located at 710 Lakeshore Drive sub ect to the
conditions of Resolution No. 7380 and sub ect to t e a licant
rov din roof of li uor liab lit insurance covers e o he
c ty prior to December 3 1987.
Motion carried 3-0.
Council Meeting Minutes
9 December 14, 1987
Ite® #12 CONSIDERATION OF RENEMAL OF ON-SALE LIQUOR LICENSES
FOR CHAMPPS RESTAURANT. C.L. 379
Agent Hollick reviewed Council Letter No. 379 regarding the
renewal application of Champps of Richfield, Inc. for 1988 On-
Sale liquor and Sunday liquor licenses. He noted that the
beverage sales accounted for 56~ of sales with food accounting
for 44~ of sales. He reviewed three mayor Public Safety issues
involving the applicant during 1987: 1) overcrowding, 2) the
sale and serving of alcohol to persons outside the restaurant
waiting to get in, and 3) noise violation complaints.
Mayor Hamilton asked if Champps could provide periodic
parking lot security checks to deter potential criminal activity
in this area.
Agent Hollick stated that potential problems will never be
completely eliminated, but that employing uniformed security
personnel would help reduce problems.
Gerald Millette, 6406 16th Avenue, expressed concern about
noise and parking as a result of Champp's valet parking at the
apartment complex on 65th Street where his mother lives. .
City Manager Prosser encouraged residents to contact the
Public Safety department when such incidents may occur.
Council Member Ludeman expressed concern about the beverage
to food sales ratio of Champps, the use of fire service personnel
to monitor capacity, and the attitude of the management of
Champps.
Public Services Director Erskine reviewed the fire code
occupancy enforcement procedures used for all businesses in the
city and the role of the businesses in enforcing the limits. He
reviewed the discussions with Champps management regarding
problems encountered and their response.
Mayor Hamilton stated Champps owner had been cooperative in
responding to the Public Safety Departments concerns.
Council Member Kirsch requested that city staff review the
beverage to food sales ratio issue relating to liquor licenses.
M/Kirsch, S/Ludeman to close the public hearing.
Motion carried 3-0.
Council Meeting Minutes
10 December 14, 1987
M/Ludeman, S/Kirsch to approve the granting of the 1988 On-
Sale liquor and Sunday liquor licenses to Champps of Richfield,
Inc. located at 790 West 66th Street sub.iect to the conditions of
Resolution No. 7380.
Motion carried 3-0.
Dean Vlahos, owner of Champps, reviewed the management
efforts to minimize problems and stated the beverage to food
sales ratio will improve in 1988.
Item #13 SECOND READING OF AN ORDINANCE RELATING TO
SUBSTANTIALLY UNPAINTED STRUCTURES TO BE DECLARED A
PUBLIC NUISANCE. C.L. 380
City Manager Prosser reviewed Council Letter No. 380
regarding a proposed ordinance amendment which would provide for
substantially unpainted structures to be declared a public
nuisance eligible for abatement procedures.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 3-0.
M/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1987-28, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 3-0.
Item #14 SECOND READING OF AN ORDINANCE RELATING TO EMPLOYEE
PROBATIONARY PERIODS. C.L. 381
City Manager Prosser reviewed Council Letter No. 381
regarding a proposed ordinance amendment to establish a one year
probationary period for General Services employees.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 3-0.
M/Ludeman, S/Kirsch that this constitute Second Readin of
Bill No. 1987-28, that it be pub fished n he o c a newspaper
and that it be made part of these minutes.
Motion carried 3-0.
1
Council Meeting Minutes
11 December 14, 1987
Ite^ #15 CONSIDERATION OF AN ORDINANCE RELATING TO LIMITING THE
.PARKING OF RECREATION VEHICLES ON CITY STREETS. C.L.382
City Manager Prosser reviewed Council Letter No. 382
regarding two proposed ordinance amendments regarding limiting
the parking of recreational vehicles on city streets.
Council member Ludeman expressed concern that the 4 hour
limit was not sufficient and reservations about this ordinance
being effective during the summer months.
City Manager Prosser stated that city staff attempted to
provide reasonable limits and reviewed the safety issues related
to the parking of recreational vehicles on city streets.
Mayor Hamilton expressed concern about the availability of
parking for visitors who drive recreational vehicles.
Public Safety Director Erskine noted that city ordinance
does not allow trucks to park on the streets but that in special
circumstances exceptions can be made by contacting the Public
Safety Department. He stated that recreational vehicle owners
could contact the Public Safety Department to allow longer
parking if special circumstances arise and a review of the
location reveals no safety hazard.
City Manager Prosser stated that the use of the streets is a
policy issue and that the council must weigh the hardship issue
versus the safety issue.
Public Safety Director Erskine reviewed the definition of
recreational vehicles and stated that it included motorhomes,
boats and trailers.
MlKirsch, S/Ludeman that the ordinance amendment to Section
1305, Subsection 1305.25 as proposed be rev sed o read six hours
instead four hours and that a sti ulation be added that ersons
may cal Pu 1 c Safe _y _f or an exempt on if warranted for park ng
a recrea onal ve cle for lon er han a erm ted~ime and
that this const to a the First Readin of this ordinance and that
t e Publ c Hearin and Second Readin of the ord Hance be
sche uled for the January 11, 1988 city counc 1 meeting.
Motion carried 3-0.
0
M/Kirsch, S/Ludeman that this constitute the First Readin
of this ordinance Section 1305 Subsec ion 1305.25 and hat the
Public Hearin and Second Read n of the ordinance be sc eduled
for the January 1. 1988 c tv council mee ing.
Motion carried 3-0.
Council Meeting Minutes
12 December 14, 1987
Item #17 REPORT ON IMPROVEMENT STATUS OF VETERANS MEMORIAL PARK
C.L. 384
City Manager Prosser reviewed Council Letter No. 384
regarding the status of planning and funding of improvements to
Veterans Memorial Park of Richfield. City Manager Prosser stated
that in October the Community Services Commission began a re-
examination of the city's recreation system and suggested that
the city council meet jointly with the Community Services
Commission regarding Veterans Memorial Park issues.
Council Member Ludeman stated his support for developing the
Legion Lake site as a park but questioned the total cost of 6.6
million dollars, the need for a community center, the potential
maintenance and operational costs of the park, and the need for a
performance stage in the park. He stated concern that
improvements to Washington Madison and Jefferson parks would be
deferred because all park improvement funds would be spent on
Veterans Memorial Park.
Mayor Hamilton directed that the city council and Community
Services Commission meet jointly in early 1988 to review these
issues.
Lawrence Wozniczka, 6744 Wentworth Avenue, expressed concern
that park development will decrease the storm water holding
capacity of Legion Lake and cause flooding problems.
City Manager Prosser stated storm water holding capacity is
considered in the park planning process and reviewed the
performance of Legion Lake during the July 23 rain event.
Item #18 CORRESPONDENCE/LEGISLATIVE REPORT
City Manager Prosser reviewed response letters from
Congressmen Martin Sabo and Bill Frenzel regarding the city's
concern about the affects of the Budget Reconciliation Bill.
Item #19 COUNCIL DISCUSSION ITEMS
None
1
Council Meeting Minutes
a.
Item #20 CLAIMS AND PAYROLLS
13 December 14, 1987
M/Ludeman, S/.Kirsch that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9333-9427; 93239-93559 $1,470,283.13
FIRST MINNESOTA
Check 1064 $ 50,000.00
FIRST WESTERN BANK
Checks 4029-4058 $5,109,391.09
Checks 9595-9626; 10508-10826 Payroll $ 277,963.82
Motion carried 3-0.
1
ADJOURNMENT
M/Kirsch, S/Ludeman that the meeting adiourn.
Motion. carried 3-0.
irk
J
The meeting. was adjourned at 8:52 p
Date Approved: 12/2$/87
j ~~~
T~h mas P. Ferber
City Clerk
n Ha
ayor
ames D. Prosser
it Manager