04-10-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
April 10, 1989
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; 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
M/Kirsch, S/Sandahl to approve the minutes of the regular
City Council Meeting of March 27, 1989.
Motion carried 5-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Thomas Hlady, 6309 Morgan Avenue, representing Richfield
Citizens Against Pornography (R.C.A.P.), reviewed their efforts
in seeking removal of certain videos from video stores in
Richfield. He asked that the City take aggressive action to
enforce the Minnesota State Obscenity Law.
Fred Spuhler, 7347 Emerson Avenue, stated that strong action
against pornography will result in a decrease of violent crime.
Public Safety Director Erskine reviewed enforcement issues
related to the State Statute and the process necessary for
prosecution. He stated he has previously met with the R.C.A.P.
group and is scheduled to meet with them to continue work on this
issue.
Council Member Ludeman asked about the city ordinance
related to this issue.
Council Meeting Minutes -2- April 10, 1989
City Attorney Dean reviewed the existing city ordinance and
it's effectiveness in controlling access of minors to adult
materials. He stated that-the State Statute has not been tested
in the courts yet and that video store owners will raise First
Amendment issues in litigation.
It was decided to further discuss these issues at a future
City Council Study Session.
Item #2 COUNCIL APPROVAL OF AGENDS
Council Member Garcia requested that Item 3A. be removed
from the consent calendar and placed on the regular agenda.
Mayor Quam stated that Item 3A. of the consent calendar
would be placed on the agenda as Item 10A.
Council Member Ludeman requested that discussion of City
hiring practices be added to the agenda.
Mayor Quam stated that discussion of City hiring practices
would be placed on the agenda as Item lOB.
M/Ludeman, S/Garcia to approve the agenda as amended.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Removed from the consent calendar and placed on the
regular agenda as Item 10A.
B. APPROVED A RESOLUTION RELATING TO THE GAMBLING LICENSE
FOR CHURCH OF ST. RICHARDS, AND WAIVER OF $100
INVESTIGATIVE FEE. C.L. #82.
RESOLUTION NO. 7513
RESOLUTION RELATING TO THE LAWFUL GAMBLING LICENSE
FOR THE CHURCH OF ST. RICHARDS, 7540 PENN AVENUE
This resolution appears as Resolution No. 7513 in
Resolution Book No. 57.
M/Ludeman, S/Quam to approve the consent calendar.
Motion carried 5-0.
Council Meeting Minutes -3- April 10, 1989
Item #4 FIRST READING CONSIDERATION OF AN ORDINANCE AMENDMENT
RELATING TO THE COLLECTION OF RECYCLABLES AND YARD
WASTES. C.L. NO. 83
City Manager Prosser reviewed Council Letter No. 83
regarding revision of the garbage/refuse handling ordinance to
accommodate recycling and to comply with Hennepin County and
state mandates.
Council Member Ludeman asked when the ordinance would be
effective and what the status was of provision of recycling
containers for residents.
City Manager Prosser stated that the ordinance would become
effective 30 days after publication of the ordinance. He stated
the City is working with Hennepin County and the refuse haulers
for funding of recycling containers for all residences.
M/Garcia, S/Kirsch 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 8 ~ 1989 City Council
Meeting.
Motion carried 5-0.
Item #5 CONSIDERATION OF A RESOLUTION ELECTING TO DESIGNATE
CERTAIN BONDS ISSUED IN 1986 AS "QUALIFIED TAX-EXEMPT
OBLIGATIONS".
City Manager Prosser reviewed Council Letter No. 84
regarding the designation of certain bonds issued in 1986 as
qualified tax-exempt obligations.
M/Sandahl, S/Quam 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. 7514
RESOLUTION ELECTING TO DESIGNATE
CERTAIN BONDS ISSUED IN 1986
AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
Motion carried 5-0. This resolution appears as Resolution
No. 7514 in Resolution Book No. 57.
Council Meeting Minutes -4- April 10, 1989
Item #6 COUNCIL RECEIPT OF UNAUDITED 1988 FINANCIAL REPORT.
C.L. NO. 85
City Manager Prosser reviewed Council Letter No. 85
regarding presentation of the unaudited 1988 Financial Report.
Council Member Ludeman inquired about depreciation
practices, cash reserve for building/equipment replacement, and
the status of the self insurance fund.
Discussion followed regarding the potential need for
additional contribution to the self insurance fund and policies
regarding depreciation and cash reserves for building/equipment
replacement.
Council Member Ludeman noted that the City had received a
substantial cash payment as a result of the recent sale of the
cable franchise.
City Manager Prosser stated that in the near future the
Cable Commission would provide recommendations for expenditure of
these funds for improving community programming.
M/Sandahl, S/Ludeman to receive the unaudited 1988 Financial
Report.
Motion carried 5-0.
Item #7 CONSIDERATION OF THE CONTINUATION OF AN AGREEMENT WITH
THE CITY OF BLOOMINGTON FOR THE PROVISION OF PUBLIC
HEALTH SERVICES FOR THE CITY OF RICHFIELD FOR 1989.
C.L. N0. 86
City Manager Prosser reviewed Council Letter No. 86
regarding consideration of an agreement with the City of
Bloomington to provide public health services for the City of
Richfield for 1989.
Randy Roehl, Chairperson of the Advisory Hoard of Health,
recommended that the City Council approve the agreement.
M/Sandahl, S/Ludeman to approve the agreement with the City
of Bloomington for the provision of public health services for
the City of Richfield for 1989 in the amount of 5140,113.
Motion carried 5-0.
Council Meeting Minutes -5- April 10, 1989
Item #8 CONSIDERATION OF THE COMMUNITY ACTION PLAN (WORKPLAN)
FOR THE TRI-CITY HIV INFECTION COALITION. C.L. N0. 87
City Manager Prosser reviewed Council Letter No. 87
regarding consideration of the community action plan for the Tri-
City HIV Infection Coalition.
Randy Roehl, Chairperson of the Advisory Board of Health,
spoke in support of community action plan.
Council Member Ludeman suggested that a representative of
the School District be a member of the task force.
Mr. Roehl indicated that they are actively seeking a School
District Representative.
Mayor Quam indicated that this workplan may result in some
costs to the City.
City Manager Prosser stated staff would keep the council
informed as to the costs.
M/Ludeman, S/Kirsch to approve the Tri-City HIV Infection
Coalition workplan.
Motion carried 5-0.
Item #9 CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO THE
OFFSTREET PARKING PERMIT AT 1324 EAST 78TH STREET FOR
PURPOSES OF CONSTRUCTING 21 PARKING GARAGES. C.L. N0.88
City Manager Prosser reviewed Council Letter No. 88
regarding a request by Richland Court Apartments for an amendment
to the offstreet parking permit at 1324 East 78th Street to allow
the construction of 21 parking garages.
M/Sandahl, S/Kirsch to approve the amendment to the
offstreet parking permit of Richland Court Apartments, 1324 East
78th Streets to allow the construction of 21 parkins garages with
the stipulation that the. curb cuton 14th Avenue South be widened
to the required 26 foot width.
Motion carried 5-O.
Council Meeting Minutes
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April 10, 1989
Item #10 CONSIDERATION OF A REQUEST FOR A 30-DAY AUTOMOBILE
DEALER LICENSE, MITSUBISHI MOTORS, 920 WEST 78TH
STREET. C.L. NO. 89
City Manager Prosser reviewed Council Letter No. 89
regarding a request by Richfield Mitsubishi for temporary New and
Used Motor Vehicle Dealer Licenses at 920 West 78th Street.
Mark O'Brien, Richfield Mitsubishi, reviewed the events that
resulted in the dealership's delay in applying for the licenses.
He indicated Terry Feldmann, who had formerly operated at this
site, misled him regarding the application process. He stated
that it was their intent to fully cooperate with the City.
Council Member Garcia asked if the applicant agreed to the
proposed stipulations.
Mr. O'Brien indicated the dealership accepted the
stipulations.
M/Ludeman, S/Garcia to approve a temporary 30 day new and
used motor vehicle dealer licenses for a Mitsubishi dealership
920 West 78th Street with the following stipulations:
- There may not be any parking of inventory cars on any
roadway or street.
- The customer and employee parking areas may not be used for
inventory parking at any time. This could be accomplished
by rearranging the parking lot so that it is in conformance
with the special use permit. This must be completed prior
to issuance of the regular license.
- The applicant cannot use the car wash site located at
901 W. 77 1/2 Street for any purpose.
- The applicant will comply with all city ordinances,
including sign ordinances, and state statutes.
- The applicant sign a stipulation with the understanding that
the granting of a temporary license is not an indication
that an annual license will be issued.
- The temporary license may be recalled at any time at the
direction of the City Manager.
Motion carried 5-0.
1
Council Meeting Minutes
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April 10, 1989
Item #l0A CONSIDERATION OF A RESOLUTION TO BAN PARKING ON NEW
77TH STREET IN THE ILN REDEVELOPMENT AREA AFTER THE
IMPROVEMENT. C.L. NO. 81
-City Manager Prosser reviewed Council Letter No. 81
regarding a resolution prohibiting parking on new 77th Street in
the ILN Redevelopment Area to assure Municipal state Aid (MSA)
eligibility.
Discussion followed regarding street width design for this
area.
M/Sandahl, S/Kirsch 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. 7515
RESOLUTION PROHIBITING PARKING ON 77TH STREET IN THE
INTERSTATE/LYNDALE/NICOLLET AREA (S.A.P. 157-108-02)
i]
Motion carried 5-0. This resolution appears as Resolution
No. 7515 in Resolution Book No. 57.
Item #lOB DISCUSSION OF CITY HIRING PRACTICES
Council Member Ludeman stated he advocated giving hiring
preference to Richfield residents, especially as it pertains to
fire staffing and community services. He requested staff explore
methods such as awarding an extra 5 points for residency for fire
division applicants.
City Manager Prosser stated that because of labor
negotiations he could not comment regarding fire division issues
and stated he is satisfied that the City is hiring the best
qualified candidates.
City Attorney Dean stated he would review and report back to
the council regarding these issues.
Item #11 LEGISLATIVE REPORT
Mayor Quam reviewed the status of airport legislation. He
stated that Eden Prairie, Edina, and Burnsville had agreed to
participate in funding the airport study.
Council Meeting Minutes -8- April 10, 1989
Item #12 COUNCIL DISCUSSION ITEMS
City Manager Prosser reviewed the meeting that was held with
representatives of the City, the Hub, Levine property, and other
interested parties to discuss potential solutions to the parking
problems. He stated that U.S. Swim and Fitness did not send a
representative to the meeting. He also stated no agreements were
reached; however, the potential for future meetings still exists.
Mr. Prosser recognized U. S. West for their positive efforts at
the meeting.
Item #13 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE BANK
Checks 11309-11356; 102734-102945 $ 754,476.36
FIRST MINNESOTA
Check 1087
FIRST WESTERN BANK
$ 25,000.00
Checks 4870-4893 $ 652,049.74
Checks 24173-24196; 24544-24862 Payroll $ 318,877.89
Motion carried 5-0.
ADJOURNMENT
The meeting was add ourned by unanimous con~iit at ~~J53~? . m .
Date Approved:
4/24/89
J me D. Prosser
C t Manager
Rdl
Thomas P. Ferber
City Clerk
J.
Mayor