04-25-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 25, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan•
Ludeman; Michael Sandahl; 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; William Rollick,
Investigator/Agent; and John Dean, City
Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
• Council Member Ludeman requested that the minutes of the
April 11, 1988 Council Meeting be amended on page~3, last
_ paragraph, to read: "Council Member Ludeman suggested that after
the tax increment bonds have been retired the council consider
undertaking the maintenance services which are assessed for city
property as the City's responsibility, but not the costs for
those against the private property. He stated these assessments
should continue to be paid by the business people; but that
assessments for improvements on the boulevards, across the street
in this case, should be the responsibility of the city at that
point."
M/Sandahl, S/Garcia to approve the minutes of the City
Council Study Session Meetina on April 4, 1988; and the minutes
of the regular City Council Meetina on April 11, 1988 as amended.
Motion carried 5-0.
Council Meeting Minutes -2- April 25, 1988
Items #1 PROCLAMATION HONORING AUDREY SWANSON, CHILDREN'S
LIBRARIAN, AUGSBURG PARK COMMUNITY LIBRARY. C.L. 102
Mayor Quam read and presented a proclamation to retiring~~
children's librarian Audrey Swanson of the Augsburg Park
Community Library, designating May 7, 1988 as Audrey Swanson Day
in Richfield.
Item #2 CITY COUNCIL/HUMAN RIGHTS COMMISSION PRESENTATION TO
EMILY DAY, 1987 GENE JACOBSEN CITIZEN OF THE YEAR.
C.L. 103
Carole Rud, Chairperson of the Richfield Human Rights
Commission, presented the Gene Jacobsen Citizen of the Year Award
to Emily Day in recognition of her awareness and commitment to
human understanding, tolerance, and the spirit of human
relations.
Mayor Quam read and presented a proclamation to Emily Day
recognizing her for the many contributions to the citizens of
Richfield and achievement as the 1987 Gene Jacobsen Citizen of
the Year.
,Item #3 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Ite^ #4A COUNCIL APPROVAL OF AGENDA
M/Kirsch, S/Ludeman to approve the agenda.
Motion carried 5-0.
Item #48 CONSENT CALENDAR
A. APPROVED OF PURCHASE IN EXCESS OF $5,000 FOR STREET
MAINTENANCE SUPPLIES. C.L. 104
Council Meeting Minutes -3- April 25, 1988
B. APPROVED REQUEST FOR FEE WAIVED FOOD LICENSE FOR
ST. JEROMES YOUTH GROUP, APRIL 30 AND MAY 1
M/Sandahl, S/Ludeman to approve the consent calendar.
Motion carried 5-0.
Item #5 PUBLIC HEARING ON THE REQUEST FOR A VARIANCE TO THE
MAXIMUM LOT COVERAGE, 7639 MENTMORTH AVENUE. C.L.105
1
City Manager reviewed Council Letter No. 105 regarding the
appeal by Richard and Ruth Ann Schriek of the Hearing Examiner's
denial of the variance request to the allowable maximum lot
coverage in a single family residence 'R' district at 7639
Wentworth Avenue.
Mayor Quam stated he had reviewed with the City Attorney the
provisions of the zoning ordinance regarding lot coverage and the
definition of structures. It was determined that a swimming pool
not be considered a building, therefore, a variance is not
necessary in this case. He stated that the council has the
authority to make the determination that the swimming pool is not
a building in the determination of lot coverage.
Council Member Ludeman questioned the affect of a council
determination that no variance was necessary on the Hearing
Examiner's denial of the variance.
City Attorney Dean stated that the council action as the
Board of Appeals would supersede the Hearing Examiner's decision.
M/Sandahl, S/Ludeman that city staff prepare an amendment to
the zonina ordinance to clarify that a sw~.mming pool is not
consi Bred a structure in determination of lot-coverage for
zoning purposes, and, that it is the determination of the city
council that the swimming pool not be considered a structure in
determination of ,lot coverage at 7639 Wentworth Avenue, and, that
therefore, no variance is necessary for the proposed construction
of a 216 square foot porch at 7639 Wentworth _A venue.
Motion carried 5-0.
[l
Council Meeting Minutes -4- April 25, 1988
Ite® #6 PUBLIC HEARING ON THE APPLICATION FOR ON-SALE AND
SUNDAY LIQUOR LICENSES FOR DISCUS CORPORATION, D/8/A
PIZZERIA UNO RESTAURANT AND BAR, 1420 EAST 78TH STREET.
C.L. 106
City Manager Prosser reviewed Council Letter No. 106
regarding the application of the Discus Corporation for On-Sale
and Sunday liquor licenses for the proposed Pizzeria Uno
Restaurant and Bar at 1420 East 78th Street.
Agent Hollick reviewed the results of the Public Safety
investigation of the applicant. He stated that on March 23, 1988
representatives from Discus met with residents who live near the
site. Residents expressed concerns about parking, noise, litter,
and the potential impact of the expansion of I494.
City Manager Prosser stated that city staff is recommending
granting the licenses with the following stipulations:
1. The applicant discloses the source(s) of all financing
of the project.
2. The applicant applies for and is granted a restaurant
lic ense.
3. The applicant receives final approval and inspection
for all building and remodeling plans and a certificate
of occupancy.
4. The applicant pays the balance of all license and
inv estigative fees.
5. In the event that the conditional use permit issued for
the restaurant shall expire as a result of operation of
the provisions of Section 545.09 Sub. 8 of Richfield
City Code this license shall be terminated upon the
date of such expiration.
6. The conditions of Resolution No. 7380, A Resolution
specifying certain improper conduct of On-Sale
intoxicating Liquor Licensees and stating recommended
discipline, are applicable to these licenses.
City Manager Prosser stated that currently a study is being
undertaken regarding the impact of the widening of I494. He
stated from this study will come recommendations regarding 77th
Street and mitigative measures to protect residential areas if it
becomes necessary to reorient businesses to 77th Street.
Council Meeting Minutes -5- April 25, 1988
Michael Platt, President of Discus Corporation, reviewed the
proposed Pizzeria Uno Restaurant and Bar concept and operation
proposed for 1420 East 78th Street. He stated that in his
experience the 82 parking spaces would be adequate for the 150
seat facility. He indicated that liquor sales would amount to
about 25X of the total sales of the restaurant. He stated that
he is aware of and sensitive to the concerns of the neighborhood.
Council Member Ludeman stated that liquor establishments
have caused problems in the community and that he opposed
granting a liquor license for this restaurant which is directly
adjacent to a residential area.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Garcia to approve the grantin4 o~f 0_n-Sale and
Sunday Liquor Licenses to Discus Corporation, d/b/a Pizzeria Un
Restaurant and Bar, 1420 East 78th- Street sub~ect to the
followino six stipulations:
1. The applicant discloses the source(s) of all financing
of the project.
2. The applicant applies for and is granted a restaurant
license.
3. The applicant receives final approval and inspection
for all building and remodeling plans and a certificate
of occupancy.
4. The applicant pays the balance of all license and
investigative fees.
5. In the event that the conditional use permit issued for
the restaurant shall expire as a result of operation of
the provisions of Section 545.09 Sub. 8 of Richfield
City Code this license shall be terminated upon the
date of such expiration.
6. The conditions of Resolution No. 7380, A Resolution
specifying certain improper conduct of On-Sale
intoxicating Liquor Licensees and stating recommended
discipline, are applicable to these licenses.
Motion carried 4-1. (Ludeman opposed)
Mr. Platt asked what procedure is necessary regarding
stipulati on ~5 if construction is not completed prior to the
expiratio n of the conditional use permit.
City Attorney Dean stated that the applicant must request an
extension of the conditional use permit.
Council Meeting Minutes -6- April 25, 1988
Item #7 APPEAL OF TAXICAB DRIVER LICENSE DENIAL. C.L. 107 •~
City Manager Prosser reviewed Council Letter No. 107
regarding an appeal by John W. Dwyer of the denial of his request
for a taxi drivers license.
John W. Dwyer stated that his failure to indicate on the
application that his driver's license had been previously
suspended was an oversight.
Public Safety Director Erskine stated that Mr. Dwyer's
license had been suspended at the time due to speeding and stop
sign violations. He stated that it is policy to deny a license
for falsification of the application. Applicants are permitted
to reapply in 6 months if the application is denied. He stated
Mr. Dwyer would be eligible to reapply on June 14, 1988.
Mayor Quam stated the city must rely on information on the
application in granting licenses, therefore, he supports
upholding the denial of the license.
M/Ludeman, S/Quam to uphold the denial of Mr. Dwyer's taxi
drivers license in accordance with the rovisions of Richfield ,
City Code. Section 1175. 9. Subdivision 2.
Motion carried 5-0.
Item #8 PUBLIC HEARING AND SECOND READING OF AN AMENDMENT TO
THE ORDINANCE ESTABLISHING THE HUMAN RIGHTS COMMISSION
TO AMEND THE TERMS OF YOUTH MEMBERS. C.L. 108
City Manager Prosser reviewed Council Letter No. 108
regarding a proposed ordinance amendment regarding the terms of
youth members serving on the Human Rights Commission.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 5-0.
' M/Sandahl, S/Kirsch that this constitute Second Reading of
Bill No. 1988-11, that it be published 'in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
Council Meeting Minutes -7- April 25, 1988
Item #9 FIRST READING OF AN ORDINANCE AMENDMENT TO SUBSECTION .'.
80.11 OF THE CITY CODE ENTITLED "SALE AND CONSUMPTION •.
OF BEER IN PARKS" REPEALING SUBDIVISIONS 3,4, AND 5. •
C.L. 109
City Manager Prosser reviewed Council Letter No. 109
regarding a proposed ordinance amendment to repeal subdivisions
inadvertently left in the ordinance code in the recodification
' process.
M/Kirsch, S/Garcia that this constitute the First Reading of
this ordinance and that the Public Hearing and second Reading of
the ordinance be scheduled for the May 23, 1988 city council
meeting.
Motion carried 5-0.
Item #10 CONSIDERATION OF A RESOLUTION APPROVING THE SALE OF
$1,900,000 GENERAL OBLIGATION REDEVELOPMENT BONDS.
C.L. 110
City Manager Prosser reviewed Council Letter No. 110
regarding the sale of $1,900,000 General Obligation Development
- Bonds.
Wayne Burggraaff, Evenson Dodge, reviewed the eight bids
received and stated that Dain Bosworth Incorporat8d had submitted
the low bid with a net interest rate of 6.10373X. He then
reviewed the criteria by which Moody's arrives at. rating the
bonds as Aa.
M/Ludeman, S/Garcia to authorize the June 1 1988 call of
$18,675,000 General Obligation emporary Redevelopment Bonds
Series 1985 and that the following resolution be adopted; that i_t
be spread in the resolution book and that it be made Dart of
these minutes:
__RESOLUTION N0. 7414
A RESOLUTION AWARDING THE SALE OF $1,900,000
GENERAL OBLIGATION REDEVELOPMENT BONDS, SERIES 1988A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
Motion carried 5-0. This resolution appears as Resolution
No. 7414 in Resolution Book No. 56.
Council Meeting Minutes -8- April 25, 1988
Ite^ #11 CONSIDERATION OF AGREEMENT FOR CONSULTANT SERVICES
RELATED TO TRANSPORTATION SYSTEM STUDY AND PLAN FOR THE
CITY OF RICHFIELD. C.L. 111
City Manager Prosser reviewed Council Letter No. 111
recommending the approval of a contract with the consulting firm
of Howard Needles Tammen ~ Bergendoff for preparation of a local
Richfield transportation system study and plan at a cost not to
exceed $9,30D.
Lawrence Dallam, Howard Needles Tammen ~ Bergendoff (HNTB),
stated a conceptual transportation framework would be developed
by which highway and development proposals could be evaluated.
He stated transportation environmental capacity standards and
convenience standards for commercial areas would be developed.
Discussion followed regarding the scope of the study, the
relationship of this study to other ongoing traffic studies, and
the impact of light rail transit.
M/Kirsch, S/Ludeman to appro
consulting firm of Howard Needles
preparation of a local Richfield
in their proposal of March 10. 19
a contract with
ammen & BerQendof
ansportation plan
at a cost not to
or
1
9.300.
Motion carried 5-0.
excee
Item #12 CONSIDERATION OF APPROVAL IN EXCESS OF X5,000 FOR
TENNIS COURT REPAIRS. C.L. 112
City Manager Prosser reviewed Council Letter No. 112
regarding the repair of tennis courts at Augsburg Park, Jefferson
Park, and Sheridan Park.
Council Member Ludeman stated concern regarding the quality
of work performed by the low bidder because of the large
difference from other bids.
Community Services Director Fondrick stated that the staff
has reviewed the work of Tennis West and found it to be of good
quality.
Council Meeting Minutes -9- April 25, 1988
1
Council Member Ludeman stated concern regarding spending
money for temporary repairs when more extensive repair will be
needed and the effectiveness of such repair. He stated that
future budgets should reflect a systematic schedule for the
replacement of tennis courts.
Community Services Director Fondrick reviewed the repair'
program as recommended by the Community Services Commission and
city staff. He stated that the Community Services Commission is
evaluating the needs for tennis court replacement so that it can
be systematically scheduled and budgeted for in the future.
Council Member Ludeman stated he would vote in opposition to
this motion because he favors replacement of the Augsburg Park
courts, that this is not spending money wisely nor in the best
interests of the tennis groups in the City. He stated he is not
against the resurfacing but wants better quality and work done
there.
M/Sandahl, S./Kirsch to ap
f six tennis courts at Augsbu
wo tennis courts at Jefferson
rove a urchase order for re air
Park in the amount of 7 950
Park in the amount of 2,880, and
two tennis courts at Sheridan ParK in the amount or ~L,~~U_TOT a
al DUTChaS
Motion carried 4-1. (Ludeman opposed)
Ite^ #13 COUNCIL DISCUSSION OF COUNCIL SALARIES. C.L. 113
City Manager Prosser reviewed Council Letter.No. 113
regarding the consideration of the establishment df council
salaries.
Council Member Ludeman stated support. for the council policy
to review salaries and to base the amount of increase upon the 4X
increase granted to employees. He noted that it would be two
years until the next council salary review.
Council Member Garcia stated opposition to increasing
council salaries because of other budget needs and the symbolic
nature of an increase.
Council Member Sandahl stated support for the 4~ increase to
avoid a long period of time without increases and then having to
provide a substantial increase in the future.
Council Member Kirsch stated it is reasonable to follow the
policy adopted by the council last year. Mayor Quam stated he
supports proposing an ordinance amendment for the 4X increase and
invited residents to provide comments about the proposal.
Council Meeting Minutes -10- April 25, 1.988
M/Ludeman, S/Sandahl to direct staff to
amendment increasing council salaries by 4%
consideration.
Motion carried 4-1. (Garcia opposed)
Item #la CORRESPONDENCE/LEGISLATIVE REPORT
repare an ordinance
r council
Mayor Quam announced that he has accepted the position of
Chair of the Development Strategy Committee of the League of
Minnesota Cities.
Mayor Quam stated that on April 21 he had met with the
Mayors and certain elected officials of the cities adjacent to
I35W to discuss issues of mutual interest in expedienting the
I35W improvement process. He stated their next meeting is
scheduled for August 11.
Items #15 COUNCIL DISCUSSION ITEMS
None
Ite^ #16 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 9919-9969; 95768-96032 $ 659,291.63
FIRST MINNESOTA
Check 1070 $ 50,000.00
FIRST WESTERN BANK
1
Checks 4272-4302 $1,347,534.16
Checks 11915-11948; 13731-14068 Payroll $ 288,810.52
Motion carried 5-0.
Council Meeting Minutes -11- April 25, 1988
ADJOURNMENT
M/Kirsch, S/Sandahl that the meeting ad.iourn.
Motion carried 5-0. •
The meeting was ad3ourned at 9:17 p.m.
Date Approved: 5/9/88
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yor
~ ~~~~~
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Thomas P. Ferber
City Clerk
1
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James D. Prosser
y Manager