06-13-1988CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
June 13, 1988
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin Kirsch.
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P.
Ferber, City Clerk; Byron Wallace, Community
Development Director; William Fillmore,
Liquor Operations Director; Vaughn Lambert,
Acting Public Safety Director; Gretchen
Blank, Acting Community Services Director;
and John Dean, City Attorney.
The meeting was called to order by Mayor Quam at 7:02 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Ludeman, S/Garcia to approve the minutes of the Board of
Review Meeting on M-ay 23, 1988.
Motion carried 5-0.
M/Ludeman, S/Kirsch to approve the minutes of the regular
city council meeting on May 23, 1988.
Motion carried 5-0.
M/Ludeman, S/Garcia to approve the Study Session Meeting on
June 6, 1988.
Motion carried 5-0.
Council Meeting Minutes -2- June 13, 1988
Ite^ #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Oliver Hoffman, 6438 11th Avenue, stated his concerns
regarding the location of the proposed trail in Veterans Memorial
Park adjacent to his property and stated that insufficient
opportunity had been given for neighborhood input on the location
of the trail.
Mayor Quam stated that the Community Services Commission
would be conducting a meeting on June 14 for the purpose of
receiving input and determining the location of the trail. He
reviewed the .role of the City Council and the Community Services
Commission in park planning. He stated that park development
must balance the need of the total community and neighborhood
concerns. He stated that the council should not micro-manage
each detail of a park plan.
Council Member Ludeman stated his concern that the council
be responsible for park layout decisions and that the city be
responsive to the adjacent property owners.
Discussion followed regarding the timing of the trail
location decision, buffering, and the role of the Community
Services Commission.
Dick Starleaf, 6505 11th Avenue, stated support for an
alternative route suggested by Mr. Hoffman and more time for
neighborhood input.
Lawrence Wozniczka, 6744 Wentworth Avenue, requested that
the city council review and approve the H.R.A. Budget. He stated
that he believed this was done in years past but was not done
last year.
Item #2 INTRODUCTION OF 1988 MISS RICHFIELD CANDIDATES C.L.
C.L. l~l.
Mayor Quam introduced 1988 Miss Richfield candidates
Jennifer Anderson, Ellaina Gordon, Kara Jacobson, Stephanie
Meiers, Aimee Noska, Kim Pelo, Nancy Smie~a, Kathy Sonday, Pamela
Twernbold, and Connie Worden. Each candidate presented a short
biography of themselves.
Mayor Quam introduced Miss Richfield 1987 Lisa Williams,
Princess Keri Pregler and Princess Sue Kopesky.
Council Member Sandahl presented Certificates of
Appreciation to each candidate.
Council Meeting Minutes -3- June 13, 1988
Item #3 CONSENT CALENDAR
A. APPROVED 1988/89 AGREEMENT WITH THE CITY OF MINNEAPOLIS
FOR PARTICIPATION IN THE URBAN CORPS INTERN PROGRAM.
C.L. 142.
B. AUTHORIZED MASAC REPRESENTATIVE DON PRIEBE TO REPRESENT
THE CITY AT ANNUAL NOISE CONFERENCE. C.L. 143.
C. APPROVED PURCHASE IN EXCESS OF $5,000 FOR GASOLINE.
C.L. 144
0. APPROVED A REQUEST BY THE FOURTH OF JULY COMMITTEE FOR
A FEE WAIVED PERMIT FOR A 4TH OF JULY PROMOTIONAL
BANNER IN THE MARKET PLAZA PARKING LOT.
E. APPROVED REQUEST BY THE RICHFIELD HISTORICAL SOCIETY
FOR A FEE WAIVED ITINERANT FOOD LICENSE FOR AN ICE
CREAM SOCIAL ON AUGUST 14 AT BARTHOLOMEW HOUSE.
M/Ludeman, S/Garcia to approve the consent calendar.
Motion carried 5-0.
Item #4 PUBLIC HEARING TO CONSIDER ISSUANCE OF A CONDITIONAL
USE PERMIT FOR THE RICHFIELD SCHOOLS CREDIT UNION AT
7011 15TH AVENUE. C.L. 145
Acting City Manager Devich reviewed Council Letter No. 145
regarding a request by Robert J. Lien for a conditional use
permit for the operation of the Richfield Schools Credit Union
with three outside employees at 7011 15th Avenue.
Robert J. Lien, 7011 15th Avenue, and his attorney Peter
Orlins appeared in support of the request.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl to approve a conditional use permit for
the Richfield Schools Credit Union _office use at 7011 15th Avenue
with the following stipulations:
1. The maximum number of employees not residing at the
dwelling would be three.
2. The dwelling meet all building and fire codes.
Motion carried 5-0.
s
Council Meeting Minutes -4- June 13, 1988
Item #5 PUBLIC HEARING REGARDING EXTENSION OF CONDITIONAL USE
PERMIT TO WAIVE STIPULATION REQUIRING A FENCE ON NORTH
SIDE OF 6528-32 16TH AVENUE (MOUNT CALVARY CHURCH)
C.L. 146.
Acting City Manager Devich reviewed Council No. 146
regarding a request by Hines & Sons, Inc. for an amendment to the
existing conditional use permit for 6528-32 16th Avenue to waive
a stipulation that requires the installation of a fence on the
north side of the property.
Council Member Kirsch stated that in reviewing this matter
with the city attorney and as President of Mount Calvary Lutheran
Church, he requested that he be allowed to abstain from
discussion and voting on this item to avoid the potential of
conflict of interest.
M/Sandahl, S/Ludeman to permit Council Member Kirsch to
abstain from discussion and voting on this issue.
Motion carried 4-0. (Kirsch Abstained)
M/Ludeman, S/Sandahl to close the public hearing.
Motion carried 4-0. (Kirsch Abstained)
M/Garcia, S/Sandahl to approve an amendment to the existing
conditional use permit of 6528-32 16th Avenue to waive a
stipulation that requires the installation of a fence on the
north side of the property provided that the property owner, and
his successors in interest agree to install a fence on the Wort
side of the property as originally stipulated if such abutting
property owner requests it at an_y_time in the future.
Motion carried 4-0. (Kirsch Abstained)
Item #6 SECOND READING OF AN AMENDMENT TO THE CABLE FRANCHISE
ORDTNANCE FOR THE PURPOSE OF TRANSFERRING THE FRANCHISE
TO A NEW GRANTEE (NAME CHANGE); RESOLUTION GIVING FINAL
APPROVAL TO A TRANSFER OF THE CITY'S CABLE FRANCHISE;
AND ACCEPTANCE OF A FRANCHISE FOR A CABLE SYSTEM AND
AGREEMENT OF JOINT AND SEVERAL LIABILITY. C.L. 147
Acting City Manager Devich reviewed Council Letter No. 147
regarding consideration of: (1) an amendment to the cable
franchise ordinance for the .purpose of transferring the franchise
to a new Grantee (name change), (2) a resolution giving final
approval to a transfer of the City's cable television franchise,
(3) acceptance of a franchise for a cable television system and
(4) Agreement of Joint and Several Liability.
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Council Meeting Minutes -5- June 13, 1988
Council Member Ludeman stated the City should review the
impact of the pending sale of Rogers on the potential for
reestablishing the franchise fee at 5~ rather than the 3~ fee
established by the Relief Ordinance.
Council Member Sandahl stated that the financial condition
of the franchise would also have to be considered.
City Attorney Dean stated these issues will be reviewed
prior to any sale.
Mayor Quam questioned the provisions of the last sentence of
paragraph C on page 2 of the proposed Resolution Giving Final
Approval to a Transfer of the City's Cable Television Franchise
regarding the conditions of termination of the Relief Ordinance.
City Attorney Dean recommended that the city council approve
the proposed resolution but delete paragraph C.
M/Sandahl, S/Ludeman to close the public hearing.
Motion carried 5-0.
i~
M/Kirsch, S/Sandahl that this constitute Second Reading of
Bill No. 1988-13, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0.
M/Kirsch, S/Sandahl that the proposed resolution be amended
b the deletion of ara ra h C on a e 2 and that the followin
resolut on be adopted; that it be spread in the resolution book
and that t be .made part of__these minutes:
RESOLUTION N0. 7420
RESOLUTION GIVING FINAL APPROVAL TO A
TRANSFER OF THE CITY'S CABLE TELEVISION FRANCHISE
Motion carried 5-0. This resolution appears as Resolution
No. 7420 in Resolution Book No. 56.
M/Kirsch, S/Sandahl to improve the acceptance of a franchise
for a cable television s stem a reement and A reement of Joint
and Severa Liability.
Motion carried 5-0.
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Council Meeting Minutes -6- June 13, 1988
Ite® #7 SECOND READING OF AN ORDINANCE AMENDING COUNCIL
SALARIES. C.L. 148
Acting City Manager Devich reviewed Council Letter No. 148
regarding a proposed ordinance amendment to increase city council
salaries by 4X which would make the Mayors salary $7282 per year
and Council Member salaries $5652 per year effective January 1,
1989.
Discussion followed regarding the Charter provisions
regarding when salary increases become effective and when
salaries must be reviewed. Recent Charter provisions have
changed elections to every two years, therefore the next date
that a council salary increase could become effective after
January 1, 1989 is January 1, 1991. The city council directed
that staff review these provisions for streamlining.
Lawrence Wozniczka, 6744 Wentworth Avenue, spoke in
opposition to the proposed salary increase and expressed concern
about taxes.
Council Member Sandahl stated that the council policy to
consider salary increases based on increases given to General
Services employees was a starting point for discussion.
Donald Cederholm, 6214 5th Avenue, spoke in opposition to
the proposed salary increase and expressed concern about rising
property taxes.
Shannon Ki1lKenny, 6626 10th Avenue, asked when. members of
the council are up for election.
Mayor Quam stated the three ward council member seats will
be up for election this year for a 4 year term. The Mayor and
Council Member at Large are currently serving 3 year terms and
will be up for election in 1990 for four year terms.
Council Member Garcia spoke in opposition to the proposed
salary increase on the basis of comparable salaries, symbolic
nature of the increase as it relates to taxes, and tying it to
employee salary percentage increases.
Council Member Sandahl reviewed the affects of state
legislation on real estate taxes and the city. He stated support
for a systematic incremental review and increase rather than
large increases every 6 or 8 years.
Council Meeting Minutes -7- June 13, 1988
Mayor Quam stated that the proposed salary is reasonable in
reviewing comparable metropolitan communities and value to the
community. He stated that he did not concur with relating
council salaries to employee salaries. He stated that concerns
about mill rates and taxes were legitimate, but reviewed the
impact of other agencies on mill rates.
Council Member Kirsch stated that the periodic review policy
is a good one. He stated that there is a need to discuss the
impact of state legislation on taxes in the City of Richfield.
Mayor Quam stated this discussion was tentatively scheduled
for June 27, 1988.
M/Quam, S/Ludeman to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Sandahl that this constitute Second Reading of
Bill No 1988-14, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-1. (Garcia opposed)
Item #8 FIRST READING OF AN ORDINANCE AMENDMENT TO ADOPT 8Y
REFERENCE MINNESOTA STATUTES. C.L. 149
Acting City Manager Devich reviewed Council Letter No. 149
regarding a proposed ordinance amendment to adopt by reference
Minnesota Statutes, 1987 supplement and Laws of Minnesota 1988.
M/Ludeman, S/Kirsch that this constitute the First Reading
of this ordinance and that the Publ c Hearing and Second Reading
of the ordinance be scheduled for the June 27, 1988 city council
meeting
Motion carried 5-0.
Item #9 RESOLUTION ENDORSING EXPERIMENTAL USE OF RUNMAY 4/22
OVER THE CITY OF ST. PAUL C.L. 150
Acting City Manager Devich reviewed Council Letter N~o. 150
regarding a proposed resolution in support of the test of a new
airport runway use plan recommended by the Operations Committee
of MASAC.
Council Member Garcia reviewed the noise distribution
equity, data collection, and community impact determination
issues for supporting this experiment.
Council Meeting Minutes -8- June 13, 1988
Mayor Quam reviewed the press conference held by officials
from Minneapolis, Richfield, Bloomington, and Burnsville in
support of the experiment.
M/Kirsch,
it be soi
S/Quam that the followin
RESOLUTION IN SUPPORT OF THE
TEST OF A NEW RUNWAY USE PLAN
adopted;
made Dart
Motion carried 5-0. This resolution appears as Resolution
No. 7421 in Resolution Book No. 56.
The Council directed that copies of the Resolution be sent
to the Metropolitan Council in addition to the Metropolitan
Airports Commission and Federal Aviation Administration.
Ites X10 CONSIDERATION OF RESOLUTION AUTHORIZING CITY
PARTICIPATION IN THE LEAGUE OF MINNESOTA CITIES 4M
INVESTMENT FUND. C.L. 151
Acting City Manager Devich reviewed Council Letter No. 151
regarding a proposed resolution authorizing city participation in
the Minnesota Municipal Money Market Fund (4M Fund).
M/Ludeman, S/Kirsch that the followin resolution be
adopted; that it be spread n the resolution book and that it be
made part of these minutes:
RESOLUTION N0. 7422
A RESOLUTION AUTHORIZING ENTRY INTO A
JOINT POWERS AGREEMENT IN THE FORM OF A
DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS
"MINNESOTA MUNICIPAL MONEY MARKET FUND" AND
AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT
PROGRAMS IN CONNECTION THEREWITH
Motion carried 5-0. This resolution appears as Resolution
No. 7422 in Resolution Book No. 56.
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RESOLUTION N0. 7421
Council Meeting Minutes -9- June 13, 1988
Item #11 CORRESPONDENCE/LEGISLATIVE REPORT
Mayor Quam announced that Superintendent of Schools Lowell
Larson has invited him to attend the June 20 School Board Meeting
along with other agency representatives for discussion of mutual
areas of cooperation.
Item #12 COUNCIL DISCUSSION ITEMS
Council Member Sandahl stated he had received complaints
. regarding the merchant operating at the old Arby's site on Penn
Avenue.
City Attorney Dean discussed the sign ordinance and the
proposed transient ordinance amendment scheduled for
consideration on June 27 as they related to this operation.
Council Member Ludeman stated that the city needs to review
methods to assure the upkeep of repossessed houses.
City Attorney Dean reviewed the nuisance provisions of city
ordinances as they relate to weeds and similar maintenance
issues. It was the consensus of the council to respond to these
situations as quickly as possible.
Council Member Sandahl requested that the condition of
maintenance of the old Lyon's property be reviewed.
Don Cederholm, 6214 5th Avenue requested that the city mow
the area adjacent to the crosstown near 5th Avenue.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated that the
H.R.A. owned property near 67th Street and Lyndale Avenue needed
maintenance.
The council directed that an article be placed in Your
City/Schools regarding nuisance abatement procedures.
Council Meeting Minutes
Item #13 CLAIMS AND PAYROLLS
-10-
June 13, 1988
M/Ludeman, S/Sandahl--that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 10076 - 10172; 96562-9610 ~ 1,362,143.91
FIRST MINNESOTA
Check 1071-1072 $ 70,000.00
FIRST WESTERN BANK
Checks 4353-4396 $50,522,572.70
Checks 14119-14154;15335-15705 Payroll $ 305,949.74
Motion carried 5-0.
ADJOURNMENT
M/Sandahl, S/Kirsch that the meeting adjourn.
Motion carried 5-0.
The meeting was adjourned at 9:18 p.m.
Date Approved: 6/27/$8
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~~~~ .
Thomas P. Ferber
City Clerk
~~ ~ e
en J. Q m Mayor
v
s D. Prosser
y Manager
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