05-23-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
May 23, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Acting 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, City
Attorney.
The meeting was called to order by Mayor Quam at 7:04 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Kirsch, S/Ludeman to approve the minutes of the regular
city council meeting on May 9, 19.88.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL'
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Ite^ #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Garcia to approve the agenda.
Motion carried 4-0.
Council Meeting Minutes -2- May 23, 1988
Item #3 CONSENT CALENDAR
A. APPROVED PURCHASE OF CONCRETE FLOORING FOR POLE
BUILDING IN GOLF MAINTENANCE AREA. C.L. 130
B. APPROVED PURCHASE OF 1988 TURF TRUCKSTER CHASSIS, FOR
USE AT RICHFIELD'S RICH ACRES GOLF COURSE. C.L. 131
C. APPROVED CHANGE TO THE 1988 JOINT POWERS AGREEMENT WITH
THE CITY OF BLOOMINGTON FOR THE PROVISION OF PUBLIC
HEALTH SERVICES. C.L. 132
D. APPROVED PURCHASE OF PUMP FOR WELL ~~7. C.L. 133
E. APPROVED AN EXPENDITURE OF $6,300 TO PURCHASE
ADDITIONAL MEMORY FOR COMPUTER WORKSTATIONS AT THE CITY
HALL AND CENTRAL GARAGE. C.L. 134
F. APPROVED REQUEST FOR FEE WAIVED CALLIOPE LICENSE FOR
COMMUNITY CENTER VILLAGE FAIR JUNE 4.
M/Ludeman, S/Garcia to approve the consent calendar.
Motion carried 4-0.
Item #a PUBLIC HEARING ANO SECOND READING OF AN ORDINANCE TO
REPEAL SUBSECTION 840.11, SALE AND CONSUMPTION OF BEER
IN PARKS. C.L. 135.
City Manager Prosser reviewed Council Letter No. 135
regarding a public hearing and an amendment repealing subsection
840.11, subdivisions 3, 4, and 5 referring to the sale and
consumption of beer in parks.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-0.
M/Kirsch, S/Ludeman that this constitute Second Reading of
Bill No. 1988-12, that it be published in the official newspape
and that it be made part of these minutes.
Motion carried 4-0.
Council Meeting Minutes
-3-
May 23, 1988
Item ~5 RESOLUTION STATING THE POSITION OF THE CITY OF
RICHFIELD REGARDING THE EXTENSION OF RUNWAY 4/22.
C.L. 136.
Council Member Garcia reviewed Council Letter No. 136
concerning a resolution stating the position of the City of
Richfield regarding the extension of Runway 4/22. Council Member
Garcia emphasized that the City should ask for an environmental
impact statement from the Metropolitan Airports Commission
regarding the impact of 4/22. She reviewed the reasons for the
City's position with respect to the extension of 4/22.
Mayor Quam stated that the City had asked for additional
information from the MAC, but had not received it. He also
.stated that he questioned the presumption that aircraft would
turn directly south after leaving Runway 4/22.
Council Member Kirsch indicated that questions from the
public regarding 4/22 could be addressed at a public hearing to
take place on Wednesday, May 25th, 1988 at 6:00 p.m. at Valley
View School in Bloomington. He added that Council Member Garcia
would be the spokesperson at that public hearing. Comments on
the public hearing on 4/22 would be open until June 8, 1988.
Council Member°Ludeman indicated that he felt there must be
a master plan for airport development and that such plan had not
been presented.
M/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 N0. 7417
RESOLUTION STATING THE POSITION
OF THE CITY OF RICHFIELD
REGARDING THE EXTENSION OF RUNWAY 4/22
Motion carried 4-0. This resolution appears as Resolution
No. 7417 in Resolution Book No. 56.
Item #6 CONSIDERATION OF A RESOLUTION ESTABLISHING A UNIFORM
POLICY WITH RESPECT TO LOBBYING OF CABLE APPLICANTS
WITH INDIVIDUAL COUNCIL MEMBERS OR STAFF. C.L 137
City Manager Prosser reviewed Council Letter No. 137
regarding consideration of a resolution establishing a uniform
policy with respect to lobbying of cable applicants with
individual council members or staff.
Council Meeting Minutes -4- May 23, 1988
Council Member Ludeman stated he felt he was caught
somewhere between lobbying and getting information. He reminded
the public that he was one of the City's representatives on the
Southwest Suburban Cable Commission.
City Attorney Dean responded to Council Member Ludeman's
concern stating there were two specific issues. One issue being
lobbying which would be viewed as influence peddling, or as
influencing someone's vote. The second issue is that of getting
information, which is less offensive, but does pose some risk.
City Attorney Dean emphasized that it was important that Council
Members get information collectively, rather than individually,
and that any decision be based on that collective information.
City Manager Prosser stated that the Southwest Cable
Commission would be receiving information regarding any cable
transfer and passing that information along to the respective
City Council bodies.
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 N0. 7418
RESOLUTION ESTABLISHING A UNIFORM POLICY WITH
RESPECT TO LOBBYING BY CABLE APPLICANTS WITH
INDIVIDUAL COUNCIL MEMBERS OR STAFF
Motion carried 4-0. This resolution appears as Resolution
No. 7418 in Resolution Book No. 56.
Item #7 RESOLUTION OPPOSING CERTAIN RESTRICTIVE DAY CARE CENTER
REGULATIONS. C.L. 138
Mayor Quam reviewed Council Letter No. 138 concerning a
resolution opposing certain restrictive day care center
regulations. He indicated that Council Member Ludeman had
suggested support for opposing certain restrictive regulations
concerning day care operations.
Mayor Quam outlined the most troublesome regulations from
day care centers that were opposed and indicated that these type
of regulations would drive up the cost of day care services to
families in Richfield. Mayor Quam directed the City Manager to
send a letter with a copy of the resolution considered this
evening to other cities, to the Minneapolis Day Care Association,
and to the State Agency regulating day care centers.
Council Meeting Minutes -5- May 23, 1988
M/Ludeman, S/Quam that the following__res_olution be adopted;
that it be s read in the resolution book and that it be made art
of these m nutes:
RESOLUTION N0. 7419
RESOLUTION OPPOSING PROPOSED DAY CARE REGULATIONS
Motion carried 4-0. This resolution appears as Resolution
No. 7419 in Resolution Book No. 56.
Item #8 CONSIDERATION OF A REQUEST TO EXTEND THE CONDITIONAL
USE PERMIT FOR UNO'S PIZZERIA RESTAURANT AT 1420 EAST
78TH STREET. C.L. 139
City Manager Prosser reviewed Council Letter No. 139
regarding consideration of a request to extend the conditional
use permit for Uno's Pizzeria restaurant at 1420 East 78th
Street.
Council Member Ludeman questioned what the city expected to
gain by approving or denying this request at this time.
City Manager Prosser responded that if not approved, the
developer would likely seek another use for the site. He added
that there may not be a better use viable for the site•at this
time.
Council Member Garcia stated that the delay in granting a
license caused a year long wait and would cost the applicant a
considerable amount of money.
Steve Jones, Chief Financial Officer for Discus Corporation
appeared before the Council on behalf of Mr. Platt. Mr. Jones
indicated that Mike Plat was called out of town on business
unexpectedly. He indicated that the company would be in a better
position to put together financing after a special use permit was
approved by the City.
Larry Wozniczka, 6744 Wentworth Avenue South, asked if
something had changed since the last meeting when the conditional
use permit had been approved, and if the intentions of the
applicant had changed.
City Manager Prosser responded that regardless of their
intentions,~the developer would still be required to comply with
stipulations continued in the conditional use permit.
Council Meeting Minutes _ -6- May 23, 1988
Mayor Quam stated that the conditional use permit was
approved by the City Council until mid July and the developer was
now seeking additional time to complete all of the improvements
that are necessary.
City Attorney Dean stated that the proposal before the
council is to extend the original conditional use permit and that
all restrictions and conditions attached to the original
conditional use permit remain in effect.
Council Member Ludeman stated he was opposed to any more
liquor service in that area. He added that he also did not vote
for the liquor license for the Uno Pizzeria site when it was
before the City Council.
Council Member Garcia stated she had no problem with
granting the extension requested.
Mayor Quam stated that an approval had been made by the
majority of the City Council less than one year ago to proceed
with this particular development. The developer then proceeded
in good faith. He felt that it would be inappropriate for the
City Council to change now and thus was supportive of the
extension request before the city council.
M/Quam, S/Garcia to approve the 12_month extension of the
conditional use permit for Uno's Pizzeria Restaurant, 1420 East
78th Street. The new expiration date will be July 12, 1989.
Motion carried 3-1. (Ludeman opposed)
Item #9 CONTINUATION OF SECOND READING AND PUBLIC HEARING OF AN
ORDINANCE REGULATING TRANSIENT MERCHANTS, PEDDLERS AND
SOLICITORS PREVIOUSLY SCHEDULED FOR JUNE 13, 1988 TO
JUNE 27, 1988. C.L. 140
City Manager Prosser reviewed Council Letter No. 140
regarding continuation of second reading and public hearing of an
ordinance regulating transient merchants, peddlers and
solicitors.
Council Member Garcia stated that she had received calls
from a number of persons who felt that this proposed ordinance
might restrict their freedom of selection and making purchases of
certain merchandise.
M/Kirsch, S/Garcia to continue the public hearing and second
reading o-f an ordinance regulating transient merchants, peddlers,.
solicitors, wagon peddlers, hawkers and canvassers from June 13
to June 27. 1988.
Motion carried 4-0.
Council Meeting Minutes -7- May 23, 1988
Ite^ #10 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam stated that the City had received some
preliminary summaries .on the recently passed tax bill. He stated
that the City would need more time to digest this information
especially with respect to its impact on Richfield.
Council Member Ludeman stated that the tax bill adopted by
the Legislature will place a heavy burden on suburban
communities.
Item #11 COUNCIL DISCUSSION ITEMS
Mayor Quam brought up the issue of garage sale signs. He
indicated that while Richfield residents have done a good fob of
keeping up the appearance of the community, in some instances
such as the past weekend, numerous garage sale signs have been
placed on public utility poles and other public property and left
there. Mayor Quam asked the members of the community to be
careful not to place signs on public property. He indicated that
it was proper to place signs on private property after receiving
approval of the property owner and asked that they be taken down
promptly when the sale is concluded.
Item #12 CLAIMS AND PAYROLLS
M/Ludeman, S/Garcia that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 1008-10010; 1002510075; $ 740,968.39
96298-96559
FIRST WESTERN BANK
Checks 4328-4352 $2,291,752.13
ChECks 11978-12000; 14069-14081;
14577-14941 Payroll $ 301,353.19
Motion carried 4-0.
Council Meeting Minutes -8- May 23, 1988
ADJOURNMENT.
M/Ludeman, S/Garcia that the meeting ad.iourn.
Motion carried 4-0.
The meeting was adjourned at 7:53 p.m.
A
Date ~pr~ved: 6/13/88
n J. Qu~A'i // Mayor
5 n ~. uevicn
Act g City Clerk
J me D. Prosser
C t Manager
1